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A96856 The triall, of Lieut. Collonell John Lilburne, by an extraordinary or special commission, of oyear and terminer at the Guild-Hall of London, the 24, 25, 26. of Octob. 1649. Being as exactly pen'd and taken in short hand, as it was possible to be done in such a croud and noise, and transcribed with an indifferent and even hand, both in reference to the court, and the prisoner; that so matter of fact, as it was there declared, might truly come to publick view. In which is contained all the judges names, and the names of the grand inquest, and the names of the honest jury of life and death. Vnto which is annexed a necessary and essential appendix, very well worth the readers, carefull perusal; if he desire rightly to understand the whole body of the discourse, and know the worth of that ner'e enough to be prised, bulwork of English freedom, viz. to be tried by a jury of legal and good men of the neighbour-hood. / Published by Theodorus Verax. Lilburne, John, 1614?-1657.; Walker, Clement, 1595-1651. 1649 (1649) Wing W338; Thomason E584_9; ESTC R203993 161,048 170

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THE TRIALL Of Lieut. Collonell JOHN LILBURNE By an extraordinary or special Commission of Oyear and Terminer at the Guild-Hall of LONDON the 24 25 26. of Octob. 1649. Being as exactly pen'd and taken in short hand as it was possible to be done in such a croud and noyes and transcribed with an indifferent and even hand both in reference to the Court and the Prisoner that so matter of Fact as it was there declared might truly come to publick view In which is contained all the Judges names and the names of the Grand Inquest and the names of the honest Jury of Life and Death Vnto which is annexed A necessary and essential Appendix very well worth the Readers carefull perusal If he desire rightly to understand the whole body of the Discourse and know the worth of that ner'e enough to be prised bulwork of English Freedom to be tried by a Jury of legall and good men of the Neighbour-hood Published by THEODORUS VARAX Esther 4. vers 13. and Isa 12. v. 2 3 4. Then Mordecai commanded to answer Esther Think not with thy self that thou shalt escape in the kings house more then all the Jews Behold God is my Salvation I will trust and not be afraid for the LORD JEHOVAH is my strength and my song he also is become my salvation Therefore with joy shall ye draw water out of the wells of salvation And in that day shall you say Praise the LORD call upon his Name declare his doings among the people make mention that his Name is exalted Printed by Hen. Hils in St. Thomas's Southwark THE TRYALL Of Leiut Colonell JOHN LILBVRNE At the Guild-Hall of London the 24 of Octob. 1649. being Wednesday THe Commissioners Names of the extraordinary Commission of Oyer and Terminer for the Tryall of Lieut. Col. John Lilburne thus followeth Thomas Andrews Lord Mayor Richard Keble L Commissioner Phylip Jermyn Justice of the upper Bench. Tho. Gates Baron John Puleston Justice of the Common Pleas. Francis Thorpe Barron Member Rob. Nicolas Member Justices of the upper Bench. Richard Aske Justices of the upper Bench. Peter Warburton Justice of the Common Pleas. Alexander Rigby Barron but absent Sir Thomas Fowler Sir Henry Holcroft Sir Will. Row Sir Richard Saltonstall Sir Richard Sprignall Sir John Wooliston Sir William Roberts John Green Sergeants at Law John Clarke Sergeants at Law John Parker Sergeants at Law William Steele Recorder John Fowke Aldermen Thomas Foote Aldermen John Kendrick Aldermen Thomas Cullum Aldermen Simon Edmonds Aldermen Samuell Avery Aldermen John Dethicke Aldermen Rob. Titchburn Aldermen John Hayes Aldermen Henry Proby Common Sargeant Thomas Brigandine Nathaniell Snape Edward Rich. Owen Roe Tobias Lisle Austin Wingfield Richard Downton Daniell Taylor William Wihend Silvanus Taylor At the Guild-Hall of London the 25. of October 1649. being Thursday at the Tryall of Lieut. Col. John Lilburne O Yes made All persons that were adjourned to the Court required to make their appearance The Lieutenant of the Tower of London Col. Francis West called to bring forth his prisoner according to the precept Whereupon Col. West Lieut. of the Tower brought up the prisoner out of the Irish Chamber where he had been some time before the sitting of the Court and was guarded by the said Lieutenant and a speciall Guard of Souldiers besides And being brought to the Barre the Sheriffs of London were directed to take the prisoner into their Custody Silence Commanded Cryer John Lilbnrne hold up thy hand Lieut. Col. Lilburne Directed himself to Mr. Keble one of the Keepers of the great Seal as the President of the Court and said to this purpose Sir will it please you to hear me and if so By your favour thus All the priviledge for my part that I shall crave this day at your hands is no more but that which is properly and singly the Liberty of every Free-borne Englishman viz. The benifit of the Lawes and Liberties thereof which by my Birth-right and Inheritance is due unto me the which I have fought for as well as others have done with a single and upright heart and if I cannot have and injoy this I shall leave this Testimony behind me that I dyed for the Lawes and Liberties of this Nation and upon this score I stand and if I perish I perish And if the fact that I have done cannot be justified by the Law of England let me perish I mention none of this for the gaining of mercy or by way of merit no I scotne it for mercy I crave from none but from the hands of my God alone with whom I hope and am assured one day to rest whom I have set before my eyes and so walked as believing I am alwaies in his presence in whose power my confidence is fixed whom I take and own to be my stay my stafe my strength and support and in whom I rest as the life of my life and whom I hope to meet with joy when this fading and uncertaine life shall have an end to live with him in glory and blessednesse for evermore And therefore because I would not willingly trouble you with many words to cause you to spend your time impertinently therefore Sir in reference to the Court I shall crave but so much liberty from you as was given to Paul when he pleaded for his life before the Heathen Roman Judges which was free liberty of speech to speak for himself the which I now humbly crave as my right not onely by the Law of God and man but also by the Law light of Nature And I shall do it with that respect reason and judgement that doth become a man that knows what it is to plead for his life I hope God hath given me ability to be master of my own passion and indowed me with that reason that will dictate unto me what is for my own good and benefit I have severall times been arraigned for my life already I was once arraigned before the House of Peers for sticking close to the Liberties and Priviledges of this Nation and those that stood for them being one of those two or three men that first drew their Swords in Westminster-Hall against Col. Lunsford and some scores of his associates At that time it was supposed they intended to cut the throats of the chiefest men then sitting in the House of Commons I say for this and other things of the like nature I was arraigned by the Kings speciall Command and Order the 1. of May 1641. I mention it to this end that when I came before the House of Peers where was about three or fourescore Lords then sitting at the beginning of the Parliament who then were supposed the most arbitrary of any power in England yet I had from them free liberty of speech to speak for my life at their Barr without check or controll in the best manner all those abilities God had given me would inable me and when I was at Oxford I was again arraigned
not suffered but bid be silent Sir I advise you Sir spare your self with patience and hear the Court. Just Jermin Be quiet Sir L. Col. Lilb I beseech you Sir let me hear but the grand Jury speak for I understand from some of themselves they never found me guilty of Treason but doe conceive themselves wronged by some words yesterday that passed from some of the Judges I pray let me hear them speak L. Keable M. Lilburn You said you would be rationall you would be moderate you doe break out you will doe your self more hurt then any here can doe you you must be silent and hear the Court we can lose no more time to hear you Cryer call the Jury Cryer The Iury called and M. Lilburn earnestly pressed to be heard but could not Cryer Miles Petty William Wormwell L. Col. Sir I beseech you let me but see these gentlemens faces L. Keable You Master Sprat you must not talk to the Prisoner you may stand and hold the Books you did offend yesterday but you shall not doe so to day for you shall not stand near the Prisoner to talk to him L. Coll Lilb My Lord the Law saies a stander by may speak in the prisoners behalf at the Bar much more whisper to him but especially if he be his Sollicitor Cryer John Sherman Thomas Dainty Ralph Ely Edmund Keyzer Edward Perkins Ralph Packman Francis woodall William Commins Henry Hanson Roger Jenkenson Josias Hamond Richard Allen Richard Nevill John Mayo Henry Jooley Arther Due Roger Sears Clerke You good men of the City of London appear Steven Ives Iohn Sherman Ralph Ely Roger Ienkinson Iofias Hamond Richard Allen Richard Nevill Roger Seares Iohn Mayo Nicholas Murren Clerk You prisoner at the Barre these good men that are here presented before the Court are to be of your Iury of life and death if therfore you will challenge them or any of them you must challenge them before they goe to he sworn and then you shall be heard Cryer Every man that can inform my Lords the Iustices and the Attorny Generall of this Common-wealth against Master Iohn Lilburn prisoner at the Barre of any Treason or fellony committed by him let them come forth and they shall be heard for the prisoner stands upon his deliverance and all others bound to give their attendance here upon pain of forfeiture of your Recognisance are to come in L. Col. Lilb Sir I beseech you give me leave to speak Lord Keable You cannot be heard L. Coll Lilb Truly Sir I must then make my protest against your unjust and bloudy proceedings with me before all this people and desire them to take notice that yesterday I pleaded to my Bill conditionally that no advantage should be taken against me for my ignorance in your formalities and you promised me you would not L. Keable We give you too much time you will speak words that will undo you is this your reason you shall talk in your legall time and take your legall exceptions we will hear you till midnight L. Coll. Lilb Then it will be too late Sir Justice Jermin You have given a great slander and that doth not become a man of your profession you speak very black words L. Col Lilb I beseech you doe but hear me one word I doe not know the faces of two of the men that were read unto me I hope you will give me time to consider of them Lord Keable No Sir you ought not to have it L. Col. Lilb Will you let me have some friends by me that are Citizens of London that know them to give me information of their qualities and conditions for without this truly you may as well hang me without a tryall as to bring me hear to a tryall and deny me all my legall priviledges to save my selfe by Lord Keable If you be your own judge you will judge so go on M. Sprat or Col. Robert Lilburn Whispers to the prisoner to challenge one of the Jury which the Judge excepted against L. Col. Lilb Sir by your favour any man that is a by-stander may help the prisoner by the Law of England Lord Keable It cannot be granted and that fellow come out there with the white cap pul him out L. Col. Lilb You goe not according to your own law in dealing thus with me Iustice Iermin Your words were never a slander nor never will be hold your peace Cryer go on Cryer Stephen Blyth look upon the prisoner Abraham Seal Iohn King Nicholas Murren Thomas Dariel the prisoner excepted against him Edward Perkins Francis Peale Iustice Iermine was he recorded and sworn before he spake or no Cryer No my Lord. Iustice Iermin The let him continue if he be right recorded Cryer The Oath was not given quite out Iustice Iermin Then he hath challenged in time let him have all the lawfull favour that may be afforded him by law William Comins sworn Simon Weedon sworn L. Col. Lilb Hee 's an honest man and looks with an honest face let him go Henry Tooley sworne Arther Due excepted against L. Keeble Take away Mr Due let him stand a little by Henry Hanson put by being sick one that could not hear excepted against John Sherman Ralph Head Roger Jenkinson Josias Hamond Richard Allen John Mayo Roger Seares Henry Hanson excepted against Edmund Kinyzer sworne The Jury Called Clerk Twelve good men and true stand together and here your Evidence Just Jermin Cryer of the Court let the Jury stand six of the one side and six of the other Clerke 1 Miles Petty 2 Stephen Iies 3 John King 4 Nicholas Murrin 5 Thomas Drinty 6 Edmund Keyzer 7 Ed Perkins 8 Ralph Packman 9 William Comins 10 Simon Weedon 11 Henry Tooley 12 Abraham Smith of the Jury six lives about Smithfield one in Gosling-street two in Cheap-side two in Bred-street and one in Friday-street Just Jermin It s well done Cryer The Lords the Justices do straitly charge and command all manner of persons to keep silence while the prisoner is in tryall Mr Broughton John Lilburne hold up thy hand L. Col Lilb As I did yesterday I acknowledge my selfe to be John Lilburne Free-man of London son to Mr Richard Lilburne of the County of Durham and sometime Lieutenant Collonel in the Parliament Army Just Jermin You refuse to hold up your hand and though you break the Law of England the Court will not break it L. Col Lilb I do what the Court declares what is my right and duty to do I do no more then declare my name to be so as it is L. Keeble Read the Indictment Mr Broughton Reads Hold up thy hand John Lilburne thou standest here indicted of high Treason by the name of John Lilburne late of London Gentleman for that thou as a false Traytor not having the fear of God before thine eies but being stirred moved up by the instigation of the Devil dist indeavour not only to disturbe the peace and tranquility of this Nation but