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justice_n	john_n	lord_n	richard_n	7,530	5	9.7014	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

justice Lord Keble Mr. Lilburn We shall deale with you according to reason and justice and after such a manner as you your selfe shall judge rationall and right L. Col. Lilburn Gentlemen I shall speake but a few words I beseech you hear me for it is upon my life Lord Keble You say you will deale rationally in those wayes that is to be expected from you the first in reason is to answer and plead and before you so doe you cannot be heard L. Col. Lilburn Give me leave to speak and I shall not speak 6 lines whic● with much strugling being granted Mr. Lilburn went on and said to this effect Then Sir thus By the laws of England I am not to answer to questions against or concerning my selfe Lord Keble You shall not be compeld Another Judg. Mr. Lilburn is this to answer against your selfe to say you are not guilty by the lawes of the Land you are to plead to your charge and it is no accusing of your selfe to say guilty or not guilty L. Coll. Lilb Sir by your favour Judg Keble To answer that you are not guilty is no great matter nor definit in law ☞ L. Col. Lilb By the law of England I am to be tryed by a Rule but I do not know by the rules of the law what benefit in reference to my exception against the illegality of my Indictment I may deprive my selfe of in case I should answer before I except Lord Keble The law is plain that you are positively to answer guilty or not guilty which you please L. Col. Lilb Sir By the Petition of Right I am not to answer to any Questions concerning my selfe therefore I humbly entreat you to afford ●●e the priviledges of the laws of England and I will return a positive answer to it if you will but please to allow me Counsell that I may consult with them for I am ignorant of the formalities of law in the practick part of it although I here declare I own the good old laws of England and a legall Jury of 12. men yea and a tryall by a jury of legall men and I doe humbly crave Sir a copy of the Indictment or so much of it as I may ground my plea upon it and reasonable time to consult with my Councell although it be but 8. or 9. days Lord Keble You speak well but you must doe well 't is that we come for the rationablenesse of it is this that you should shortly answer Sir to that question and in a rationall legall way when you have answered it you shal have liberty to make your defence to maintain that you say but this that we speak now of is a thing in your own breast in your own knowledge whether you be guilty of this that is laid to your charge or no And if you be clear you cannot wrong your selfe nor your conscience for in saying not guilty you know better what you say then any other doth L. Col. Lilb Sir I am ignorant of the formalities of the Law having no bookes in English wherein I can read them and as for other tongues I understand none and therefore for you to take away my life for my ignorance when the practick part of the Law or the formalities thereof is lockt up in strange language that it is impossible for mee to read or understand is extream hard It is true in those English plaine laws which I have read I find something spoken of it but must aver that I find there is a great deale of nicity and danger in locking a man up to single formalities in answering guilty or not guilty and therefore I beseech to assign me Councel to informe my ignorance and give mee but leave to consult with my Councell and I will returne you an answer according to your desire without any demurre as soone as it is possible for mee to know what gro●nds I goe upon Mr. Broughton John Lilburn what saist thou art thou guiltie of the Treason laid unto thy charge or art thou not guiltie L. Col. Lilb But under favour thus for you to come to ensnare and entrap me with unknown nicities and formalities that are lockt up in the French and Latine tongue and cannot be read in English bookes they being not exprest in any law of the Kingdome published in our owne English tongue it is not faire play according to the law of England plainly in English exprest in the Petition of Right and other the good olde statute-Lawes of the Land Therefore I again humbly desire to have Councell assigned to me to consult with what these formalities in law signifie so that I may not throw away my life ignorantly upon formes Lord Keble Mr. Lilburn we cannot grant you that favour it is not consistent to the law whatsoever you say to the contrary L. Col. Lilb I hope you will not goe about to ensnare me and take away my life for punctillios Another Judg. Well then you will not plead L. Col. Lilb Yes if I may be allowed that which I conceive to be my birth right and priviledge to consult with counsell or that you please to make the sameengagement to me that Mr. Bradshaw as the President of the high Court of justice made to Duke Hamilton which was that the Court would take no advantage at all at his ignorance in the nicities and formalities of the law in his pleading let me but enjoy this engagement from you and I will plead Lord Keble You shall have that which is according to the law therefore Mr. Lilburn I advise you for to plad and you shall have faire play and no advantage taken against you by your ignorance of the formalitie of the law L. Col. Lilb Well then Sir upon that engagement and because I see you are so positive in the thing This is my answer that I am not guilty of any of the Treasons in manner and form as they are there laid down in that indictment pointing to it and therefore now Sir having pleaded I crave the liberty of England that you will assigne me counsell Mr. Broughton By whom wilt thou be tried L. Col. Lilb By the known laws of England and a legall jury of my equals constituted according to law Mr. Brought By whom wilt thou be tried L. Col. Lilb By the known lawes of England I meane by the liberties and priviledges of the laws of England and a jury of my equalls legally chosen and now Sir I again desire Counsell to be assigned me to consult with in point of law that so I may not destroy my selfe through my ignorance this is but the same priviledg that was granted at Oxford unto me and the rest of my fellow prisoners arraigned with mee One of the Clerks You must say by God and your countrey that 's the forme of the law L. Col. Lilb Why must I say so Another Judg. This is the form and law of the Land will you plead Mr. Lilburn according to the lawes of England

unpolluted by humane humors or humane corruptions Wits or Wils that 's the Law of England There be two reasons why holding up the hand hath been used alwayes First for notice that those that are called for Capital and Criminal offences that they hold up their hands is to declare that they are the men My Lord hath given you this one reason already which I say is ●hat he be notified by holding up the t hand to all the beholders and those that be present hear him that he is the man but besides this there is more in it that 's thus a pure innocent hand does set forth a clear unspotted heart that so the heart and hand put together might betoken Innocency And therefore hold up your hand that thereby you may declare you have a pure innocent heart if you refuse to do this you do wilfully deprive your self of the benefit of one of the main proceedings and customes of the Lawes of England Now for this do what you think fit M Lilburn Well then Sir applying himselfe to M. Keeble as the President of the Court I take your Explanation of it and lay hold of that Lord Keeble You must answer Positively Sir for you have had advice enough yea good advice if you imbrace it it is good advice to you but the Court doth not expect an answer from you to what hath been already said to you but they expect that without any more dispute you apply your selfe to answer according to that which you are advised unto do it if you will and if you will but answer to it so as hath been declared to you it shall suffice but so farre you must go to this as to declare whether you be the man or no before you go away and therefore dispute it no more lest you deprive your selfe of the benefit of the Law Leut. Col. Lilburn Well then Sir according to your own explanation I say my Name is John Lilburn sonne to M. Richard Lilburn of the County of Durham a Free-man of the City of London and sometimes Lieutenant Colonel in the Parliaments Army and if you will not believe that I am the man my Guardian the Lieutenant of the Tower there pointing to him will aver that I am Lord Keeble So then you are the man Judge Jarmen Ask him again hearken M. Lilburn hearken what he saies and use that moderation and temper and discretion that you have promised Lieut. Col. Lilburn One word more and I shall have done and that is by the law of England but being interrupted he cryed out with your favour Sir I will come to the main thing I hope you do not go about to Circumvent me therefore heare me I beseech you Lord Keebel Hear the Court M. Lilburn there shall be nothing of Circumvention or interruption but as you have professed to be a Rational and understanding man in words let your deeds so declare you Lieut. Col. Lilburn Sir I beseech you do not supprise me with puntilios or nicities which are hard things for me to lose my life upon I tell you again my Name is John Lilburn son to M. Richard Lilburn Lord Keeble Talk not of puntilios with us nor talk not of Iudges made by the lawes you shall not want law but if you talk of puntilios here in this room we will stop that language L. Col. Lil. Truely Sir I am upon my life and shall my ignorance of the formalities of the law in the practicke part thereof destroy me God forbid therefore give me but leave to speak for my life or else knock me on the head and murther me where I stand which is more righteous and just then to doe it by pretence of Justice Sir I know that Mr. Bradshaw himselfe President to the high Court of Justice as it was called gave Duke Hamilton a hostile enimy leave to speak to the punctilltos of the law yea and to my knowledg again and again made an engagement unto him and the rest tryed with him that the Court nor he would not by vertue of their ignorance of the meeties or formalities of the law take advantage against them to destroy them but did declare again and again that all advantages of formalities should be totally laid aside and not in the least made use of against them to their prejudice and I hope you will grant me that have often beene in Armes for you but never against you as much favour and priviledge as was granted to Duke Hamilton never of your party but a Generall of a numerous Army against you Lord Keble Take it as you will we have had patience with you and you must and shall have patience with us wee will passe over all that is by past but take heed by your surly crosnesse you give not advantage in the face of the Court to passe sentence against you without any further proceedings or proofe of your actions but what our own eyes see The ceremony is for your advantage more then you are aware of but if you confesse your selfe to be Mr. John Lilburn we have done as to that Judg Jarman Mr. Lilburn at the beginning you talked of moderation and that you would cary your selfe with rationality which methinks in your actions you fall short of for you have said that Mr. Atturney generall was a very unequall prosecutor of you because you say he was the creator * Mr. Lilburn here endeavoted to speak shew the Judge his mistake for he did not say that Mr. Prideaux was the creator of the commission but that hee was one of the creators of all the Judges thereby was judge of his Judges in that regard he was no compotent accuser or prosecutor but they would not suffer him to speak but cryed out hear the Court which thing also they frequently did afterwards of our Commission Pray heare me I heard you and do not you think to put affronts upon us undisserv'd And as for that man that you call M. Bradshaw I tell you again he is L. President of the Councell of State of the Common-wealth of England and why you should so much neglect him doth not so much savor of rationality and moderation as you pretend your selfe to bee possessed with Lord Keble Come will you read the Indictment Mr. Broughton reads Hold up your hand John Lilburn and hearken to your charge Thou standst indicted of high Treason by the name of John Lilburn late of London Gentleman for that thou as a false Traitor not having the fear of God before thy eyes but being stirred up and moved by the instigation of the Devill c. as it followeth verbatim in the second dayes proceedings to which the Reader is referred Mr. Broughton What saist thou John Lilburn art thou guilty of this Treason whereof thou standest indicted or not guilty L. Col. Lilb Gentlemen I require the favour that I may be heard and I shall desire nothing but that which may stand with reason and