Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	cruel_a	glory_n	great_a	167	3	2.1257	3	false

Text snippets containing the quad

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

upon it therefore do not deal with me as Proctors and ingaged men with those that thirst for my bloud and laying aside that evenness of hand betwixt both parties that ought to be in all just and righteous Judges L. Keable 'T is nothing to this if it be any thing in the world to do you good in the way of your course of defence you should have it L. C. Lilburn Well if you let me go on no futther to make my defence I cannot over-rule you though you over-rule me my bloud be upon your heads and the Lord God of heaven and earth reward you for all your bloud-thirsty cruelty towards me his innocent Servant this day and so I have done with it and what I have said I have done with it leave it to the Jury earnestly begging and intreating them to take notice of your cruell and unjust dealing with me in denying me all the priviledges of an English-man when I am upon my life L. Keable What is materiall you shall not be debarred in it L. C. Lilburn O Lord Si● What strange Judges are you that you will neither allow me Counsel to help me to plead nor suffer me my self to speak for my own life Is this your law and Justice Sir I have no more to say but this seeing you straiten me although you said you would hear me till midnight I hope I have made it evident to all rationall men that all or any part of the testimony given in against me does not in the exact eye of the law in the least touch me although I have been most unjustly imprisoned and most barbarously used and tyrannized over yea and my estate by will and power taken from me that should have kept me and mine alive and the legal and customary allowance of the Tower denyed me to this day and although I have used all Christian and fair means to compose my differences with my Advers●ries but nothing would serve their turns but I must have oppression upon oppression laid upon me enough to break the back of a horse and then if I cry out of my oppressions in any kind I must have new Treasonsnares made to catch me many moneths after their oppressions were first laid upon me that if I so much as whimper or speak in the least of their unjust dealing with me I must dye rherefore as a traytor O miserable servitude and miserable bondage in the first year of Englands Freedom I have now no more to say unto you but onely this your own law tels me Sir Edw. Cook speaks it three or four times over in his 3 part instituts That it is the Law of England that any by stander may speak in the prisoners behalf if he see any thing urg'd against him contrary to Law or do apprehend he fals short of urging any material thing that may serve for his defence and preservation Here 's your own Law for it Sir Cook is full and pregnant to this purpose in his 3. part Institutes fol. 29 34 37. But this hath several times been denyed me in the case of Mr. Sprat my Soliciter and now I demand it again as my right by law that he may speak a few words for me according to his often desire both to ●he and the Court I have almost done Sir onely once again I claim that as my right which you have promised that I should have Councel to matter of law and if you give me but your own promise which is my undoubted right by your own law and I fear not my life But if you again shall deny both these legal priviledges I shall desire my Jury to take notice that I aver you rob me of the benefit of the law and go about to murther me without and against law and therefore as a free-born English man and as a true Christian that now stands in the sight and presence of God with an uprighs hear● and conscience with a chearfull countenance cast my life and the lives of all the honest free-men of England n●o the hands of God and his gracious protection and into the care and conscience of my honest Jury and Fellow-Citizens who I again declare by the law of England are the Conservators and sole Judges of my life having inherent in them alone the judicial power of the law as well as fact you Judges that sit there being no more if they please but Ciphers to pronounce the Sentence or their Clarks to say Amen to them being at the best in your Original but the Norman Conque●ours Intruders and therefore you Gentlemen of the Jury my sole Judges the Keepers of my life at whose hands the Lord will require my bloud in case you leave any part of my indictment to the cruell and bloudy men And therefore I desire you to know your power and consider your duty both to God to Me to your own Selves and to your Country and the gracious assisting Spirit and presence of the Lord God omnipotent the Governour of Heaven and Earth and all things therein contained go along with you give counsell and direct you to do that which is just and for his glory The People with a loud voyce cryed Amen Amen and gave an extraordinary great hum which made the Judges lo●k something untowardly about them and coused Major Generall Skippon to send for three more fresh Compani●s of Foot Souldiers Mr. Atturney Gentlemen of the Jury You have heard the Evidence in behalf of the State You have heard the insinuations of the prisoner upon them as calling you his Fellow-Citizens and the like He hath said and spoken we have proved and it is in your consciences to believe proof before saying the prisoner begun to cite you two Acts of Parliament the one in the 1. of Edw. 6. and the other the 5 and 6. of Edw. 6. and by those two Acts he would signifie to you that you should have two plain and evident Witnesses to every particular fact yet he did forget to cite another Statute made in the first and s●cond year of Philip and Mary that overthrows and annihilates those two Statutes that would have two plain witn●sses to every fact of treason and in all cases of treason will have them freed according to the common course of law the common-law for the try all of them if that must ●s materiall or if that stick with you that you cannot determine it my Lords the Judges will direct you in it and in all other points of law But certainly that exception was a little vain too for we did not insist with one particular witnesse in nothing at all For that of Newcome the prisoner did not repeat fully what he said for I remember he said this that Mr. Lilburn and Capt. Iones came together and brought the Copy of the last sheet that was to be printed if one come with him and the other del●vered it to the Printer they are both equally guiltie alike they came again the same day

mercy and I hope we shall appear just Judges of it and therefore you shall freely have either Lawyer or whom you will in Oxford to come unto you to help you and advise you And says he because you shall see that law and justice is of the Kings side against the Parliament and because they shall have no cause to calumniate us at Westminster and to say we are unrighteous and unjust Judges that surprize you and thereby goe about to murther you the Court is freely willing to give you a weeks time to consider with your Counsel in the mean time what this day sev'●ight to plead for your life in which time being freed of my irons and of my close imprisonment enjoying pen ink and paper at my pleasure by speciall order from the other 2. Gent. I writ a letter to my wife in it enclosed another to your Speaker another to yong Sir Henry Vane then my familiar acquaintance all which I sent in post hast away to my wife by the hands of Capt. Primroses wife which Cap. Primrose was prisoner there his wife who brougt up the letter to my wife is now in London which letter my wife delivered to the Speaker c. and by her importunate solicitation procured the Declaration of lex talionis the substance of which in a letter from Mr. Speaker my wife brought down to Oxford and delivered to the Lord Heaths own hands upon the Sunday after the first day of our arraignment and the 3d day before we were to appear again my Wife arrived at Oxford with the Speakers letter which she delivered to Judg Heath himself which letter taking notice of our tryall threatned them with lex talionis to doe the like to their prisoners that they did to us or any of us and they having many of their great eminent men prisoners in the Tower and in Warwick Castle and other places did induce them to stop all further prosecution of Col. Vivers Capt. Catesbie and my selfe And if it had not been for this threatning letter in all likelihood we had all 3. been condemned by a commission of Oyer Terminer executed for my wife did heare Judge Heath say to some of his Associates at his reading of the letter that as for all the threatning part of it as to his particular selfe I value it not but said he we must be tender of the lives of the Lords Gentlemen that served the K. are in the custody of those at Westminster and that clause of lex talion is put a stop to our proceedings and further tryals at law L. Keble It was well for you by your storie that you do tell that you had so fair play you shall have with us who are upon our lives oaths as much as the law will afford you so much as our judgement and consciences can lead us to without doing injustice in granting more then the laws of England wil afford what was done there is nothing to us here for we are not to walke by their president but by our owne Judgments according to the aules of the law here t is thus far just that upon the proof of matter of fact if law do arise you are to have counsell if not you are to have none By your allegation you say you had counsell assigned you before any matter of fact came to be proved when as a Judg of the law he could not but do it but if he did it is nothing to us we cannot do it yet we have in this place proceeded legally hitherto with you when that matter of law doth arise from the fact as you had counsell there assigned you so shall you have here you shal have faire dealing fair play according to law which is absolutely as I tell you L. C. Lil. Sir by your favour I crave but one word more and that is this here is a Gentleman that is a by-stander a friend of mine and my Solliciter who by law as wel as any other by stander may * Cook in his Inst 3. part c. petty treason fol. 29. is expresse in this particular so is he in c. 63. being his c●p of counsell learned in pleas of the Crown fol. 137. speak for the prisoner at the Bar in case he perceive things urged against him contrary to law and therefore I desire he may speak two or three words Mr. Sprat beginning to speak Lord Keble Spare your selfe when your time comes you shall speak Mr. Sprat He asked leave for me first And Sir it is easie to prove the whole indictment to be matter of law Judg Jerman What impudent follow is that that dare be so bold as to speak in the Court without being called Mr. Lilburn by your own words you say you were told at Oxford that by law you were to have counsell that is as true that the Court is of counsel for the prisoner arraigned at the Bar so we ought shall permit you other counsell if matter of law upon the proof of the fact do arise but for any other counsell to be assigned you before that appear is not by law warranted we shal tread the rules of justice and we shall doe wrong to the whole common-wealth if we should allow you counsell before matter of law doth arise from the proof of the fact and to allow counsel in any other case the Court commits injustice Lord Keble And this Mr. Lilburn I will promise you that when there comes matter in law let be a Lawyer or your selfe he shall speake in your behalfe but before he cannot L. C. Lil. Sir the whole indictment under favour is matter of law the great question that will arise admit the fact should be true and admit it should be granted is whether the words be Treason in law yea or no also it is matter of law in the indictment whether the matter in the indictment be rightly alledged as to matter time and place And it is matter of law in the indictment where there divers several pretended treasons committed in divers and severall Counties put into one and the same indictment be legall yea or no. Lord Keble Vpon proof of the matter of fact you shall hear know whether matter of law will arise and till the words be proved wee cannot say whether that be the law that you suppose L. C. Lil. Truly Sir you promised me a faire Tryall that you would not take advantages of my ignorance in the laws formalities but the Lord deliver me and all true hearted Englishmen from such unjust and untighteous proceedings as I find at your hands who goe about I now clearly see by my ignorance in holding mee to a single naked plea which is purely as bad if not worse then all the prerogatives for the worst grossest of his prerogatives in a more rigorous manner then they were used in his life time to be thus prest upon me at

Out-Cry of the young men and Apprentices of London directed to all the privat Souldiers of the Army c. a third A preparative to an Hue and Cry after Sir Arthur Haslerigg and a fourth The legall fundamentall liberties of the people of England revived that he did in these bookes publish that the said Governement is tyrannicall usurped and unlawfull and that the Commons in Parliament assembled are not the Supream authority of this Nation he stands further indicted that he as a false Traytor did maliciously advisedly and trayterously plot and contrive to raise force against the present Government and for the subversion and alteration of it and for the fulfilling of his most malicious and trayterous designes he did in and by the said trayterous Books falsly maliciously and advisedly utter and declare severall most false and scandalous malicious and trayterous words and writings that in the Indictment are particularly named and expressed And thirdly that as a Traytor not being an Officer nor a Souldier or a member of the Army under the Command of the now Lord Generall Fairfax he did most maliciously and trayterously endeavour to withdraw certaine Souldiers of that Army from their obedience to their superiour Officers which are particularly named in the Indictment and that for the full accomplishment of his contrivances and endeavours he did maliciously advisedly and trayterously publish and deliver the poysonous booke called An Impeachment and in particular directed by the Title of the booke to all the people of England being for that end published by him to publick view in which Book are contained most false and scandalous malicious mutinous and traiterous expressions as in the Indictment are set forth And further that in the said book which he called An Impeachment that the present Government is tirannicall and usurped and that the Commons of England in Parliament assembled are not the Supream Authority And he further stands indicted and the Jury further finds and presents that all these and other expressions written by him and published by him in written Papers and printed books he hath falsly maliciously and trayterously stirred up strife on purpose and to the intent to stir up and raise force against the present Government setled in the way of a Common-wealth and free State without King and Lords on purpose it to subvert and destroy And further he hath also most trayterously endeavoured to withdraw the privat Souldiers from their obedience and subjection to their superiour Officers and all this in manifest contempt of the Lawes of this Common-wealth in that behalf made and provided and to the hazzard of the overthrow and utter subversion of the said Government To this Indictment the Gentleman hath pleaded not guilty and hath put himself upon his Conntry and if we can prove this against his Plea it is at an issue L. Col. Lilb I deny that Sir I never pleaded any such single Plea as not Guilty and you Gentlemen of the Jury I beseech you take notice be extreamly wrongs me in saying so for my Plea was a conditionall Plea as a Plea at large Mr. Atturney My Lord and you Gentlemen of the Jury You have heard the Indictment read unto you and you have heard it opened unto you and you have heard what Mr. Lilburne saies that he did not plead not Guilty and I hope he is ashamed of his Plea now he heares the Indictment opened unto him My Lord in this Indictment there is contained these severall Grand Treasons The first is that he hath advisedly traiterously and maliciously published that the Government that is now established by way of a free State or Common-wealth without either King or house of Lords is tirannic all usurped and unlawfull and further that the present Parliament now assembled arr not the Supreame authority of the Nation The second is this that he hath plotted contrived and endeavoured to stirre up and raise forces against the present Government and for the subversion and alteration of the same The third is this that relates to the Army you have heard what his expressions have been and they have been read unto you concerning them and the rest that he not being an Officer or Souldier or member of the present Army hath offered to stir up mutiny in the Army and to withdraw the Souldiers from their obedience and subjection to their superiour Officer and thereby to stir them up to mutiny and discontent These are the maine parts and substance of what I intend to Charge him with in the evidence to prove that which was contained in the Indictment My Lord you have heard in what hath been read out of the Indictment what expressions they are those that are traiterous to the publicke and have been so declared so judged so executed these are here Mr Lilburns engaged true friends the Parliament the Government the Authority of both Parliament and Army they are Tyrants Vsurpers Mercenaries Janisaries Murderers Traytors standing by their own power and swords and ever-ruling all by their Wills these are the expressions that he hath used My Lords I shall not trouble you with any thing of agravation for my Lords I do conceive that the reading of the Bookes themselves aggravates every thing against him and I thinke there is no English man as Mr. Lilburn so often stiles himself to be will own such words or acts as these are And truly my Lord if I had read the Books and not known the person I should not have thought he had been either a Christian or a Gentleman or a Civill man to have given such base and bitter language but my Lords and you of the Jury I stall hold you no longer the evidence being so plaine and the matter so foule that it will not admit ouer much stand in need of any dispute and to make it plaine and cleere to your judgements and Consciences there is Witnesses in the Court evidently to prove every thing that will stand in need to be proved for the Indictment My Lords the words are maliciously advisedly and traiterously I shall not catch at words but as himself sayes what he prints is of mature and deliberate consideration and such are his books in print that himself hath either printed or caused to be published The first that he is Charged withall is that which is called An Out-Cry it hath a very dangerous Title and in the Direction especially to the Souldiers of the Army but especially to the privat Souldiers of the Generalls Regiment of horse that helped to plunder the true hearted English men traiterously defeated at Burford so that the Rebels at Burford were Mr. Lilburns deare friends My Lord it hath not only a dangerous Title but was published at a dangerous time yea and for a dangerous end which was to stir up the great mutiny that was in the City of Oxford My Lord for the proof of this we shall offer this That Mr. Lilburn himself was Capt. Iones associate in the publishing that Booke For Mr.

to be your own hand-writing shew it him Lieut. Col. Lilb Sir I am too old with such simple ginnes to bee catch'd I will cast mine eyes upon none of your papers neither shall I answer to any questions that concern my selfe I have learned more law out of the Petition of Right and Christs pleading before Pilate then so Mr. Atturny Would you had learnd more Gospell Judg Jermin You may answer a question whether it be true or false and confesse and glorifie God L. Col Lilb I have said Sir prove it I am not to be catcht with such fooleries Lord Keble You see the man and the quality of the man this is the paper that he delivered into his owne hand that is sufficient as well as if it was of his own hand-writing L. Col. Lilb Good Sir your verball Bench-law is far short of your written Text in your own law-books Judge Jarman Put it into the Court. Lo. Keble Your writing or not writing is nothing you delivered the booke L. Col. Lil. Sir I desire to know in what place whereabouts in the Tower of London the Leiut of the Tower saith he received this paper Lord Keble Let him name the place where it was delivered Lieut. Towr The place was at the steps at the bottome of the narrow passage at my Garden end in the Cart way where the carriages comes up L. Col. Lilb Whether is that place in the Liberties of London or is it part of the County of Middlesex Lieut. Tower The Tower is in † But it is sure that place is in Middlesex as was resolved in Sir Thomas Overburies case see Cooks 3d. part Inst fol. 130. Chap. Indictment London some part of it and some part in Middlesex but unto which place that part of the Tower belongs I am not able certainly to say but it hath commonly been reputed in Middlesex Mr. Atturny My Lord you may see the valiantnesse of this Champion for the peoples liberties that will not owne his own hand although I must desire you Gentlemen of the Jury to observe that Mr. Lilburn implicitely confesseth it L. Col. Lilb Sir I deny nothing what now can be proved mine I have a life to lay down for the justification of it but prove it first Mr. Atturney My Lord the next thing to prove the charge against him is a very high one it is stiled Master Lilburnes and his name is to it It is intituled An Impeachment of High Treason against Oliver Cromwell and his Sonne in law Henry Ireton Esquires late members of the late forcibly dissolved House of Commons presented to publique view by Lieut. Coll. John Lilburn close prisoner in the Tower of London My Lord I doubt he will not owne it but yet my Lord he may be asked the question L. Coll. Lilb I shall deny nothing I doe And yet I have read the Petition of Right Sir that teacheth me to answer to no questions against or concerning my selfe and I have read of the same to be practised by Christ and his Apostles Mr. Atturny You will not own it the booke you have read L. Col. Lil. You may make your advantage of it Mr. Atturny We shall prove it call Witnesses Thomas Daffern Richard Lander Marshall Major Hawksworth Governour of Warwick-Castle all sworn Mr Atturney Mr. Daffern if you please he may be asked where hee met Mr. Lilburn the time when what booke was given him and to what purpose it was given him Mr. Daffern Why it was upon the 12. of August last having beene in Southwark I met with Lieutenant Col. Lilburn upon the Bridge I went backe with him to his house at Winchester-house in Southwarke he had leave to visite his Family at that time being very sicke and I told him I was going into Warwick-shire the next day and hee having heard that Coll. Ayres was then removed from Oxford to Warwick-Castle he gave me a book to carry to him and I delivered it to him at Warwick-castle Mr. Aturny The booke that he gave you you gave to the Governour did you see any more of them Mr. Daffern I never saw any of them but that which was both the first and the last I have seen of them Mr. Atturny Lander the Marshall was present at that time was hee not Mr. Lander That I was and I had it from him and I delivered the book to Major Hawksworth the Governour Mr. Atturney Major Hawksworth what did you doe with the book Major Hawksw I sent it to Colonell Purfrey in a paper sealed with three or four seales Mr. Atturney Call Col. Purfrey Col. Purfrey sworn L. Col. Lilb I heate not one word under favour but one word I crave but one word I have an exception First Col. Purfrey is one of those that call themselves the Keepers of the Liberties of ENGLAND and for committing crimes against them I am indicted and he i● one of them and therefore a party and in that respect in law he can be no witnesse against me it would have beene very hard for the King to have bin a witness against that man that was indicted for committing crimes against him such a thing in all his Reigne was never knowne Col. Purfrey I received this booke sealed in a letter from the Governour of Warwick-Castle Major Hawksworth I know his hand and I know the day he sent me this very individuall Booke and my hand is at it the Governour who sent it up to me which I declare to be the very individuall booke that I received from him Mr. Atturny Mr. Lilburn you are mistaken Col. Purfrey is a membee of Parliament he is none of the Keepers of the Liberties of England but why will you put us to all this trouble to prove your bookes seeing your hand is to them my Lord I had though the great Champion of England would not be ashamed to own his owne hand L. Col. Lilb I have answered once for all I am upon Christs terms when Pilate asked him whether he was the Sonne of God and adjured him to tell him whether he was or no he replyed thou sayest it so say I thou Mr. Prideaux sayest it they are my bookes but prove it when that is done I have a life to lay downe to justifie whatsoever can be proved mine Judg Jerman But Christ said afterwards I am the Son of God confess Mr. Lilburn give glory to God L. Coll. Lilb I thank you Sir for your good law but I can teach my selfe better Mr. Attur Here Mr. Lilburn makes a booke which was given to the hands of Mr. Daffern by Mr. Lilburn himselfe Mr. Daffern he sweares that the same booke he gave to Col. Aires Mr. L●nder the Marshall of the Garrison of Warwicke swears that the same booke Daffern gave to Coll. Eyres he had from him gave to Major Hawksworth the Governour the Governour swore that that booke he received from the Marshall he sent sealed up in a letter to Mr. Purfrey

hath it again Clerk Page 3. Peruse carefully I entreate you the quotations in the 6. and 8. pages of my formentioned Impeachment of High Treason against Cromwell At. also the 12. and 15. pages of the second Edition of my forementioned Booke dated the eighth of June 1649 Intituled The legall fundamentall liberties c. Mr. Atturney Read the 〈◊〉 in the body of the booke Clerk Page 4. At which Tryall by strength of arguments I forced the Judges openly to confesse that Generalls were nothing in Law see also the second Edition of my booke of the eighth of June 1649 Intituled The legall fundamentall liberties of the people of England revived asserted and vindicated page 49. L. Col. Lilb Let him speake whether it be 29. or 49. Clerk Forty nine but there is not so many pages in the booke Mr. Atturny My Lord here is a Salva Libertate which is his owne Booke though he will not owne it My Lord I had thought the great Champion of England for the peoples liberties would never have beene so unworthy as not to have owned his owne hand but read in the 24. page of the Salva in his owne written hand Clerk Page 24. I have by almost 8. years dear-bought experience found the interest of some of my forementioned Judges to be too strong for mee to grapple with and the onely † This was brought in by head and shoulders cause to my apprehension that all this while keepe me from my owne and in the Margent he saith see also the second Edition of my forementioned booke intituled The legal fundamental liberties of England revived c. Mr. Aturny Now my Lord there is the Salva Libertate that was given from his owne hand that ownes it I meane this Booke called The legall fundamentall liberties c. Mr. Aturney Read the Title of it Clerk A Salva Libertate sent to Colonell Francis West Lieutenant of the Tower of LONDON on Friday the fourteenth of Septemb. 1649. by Lieut. Col. John Lilburn Mr. Prideaux Read where it is marked Clerk But if you would produce unto me a written Warrant which hath some more face of legall Magistracy in it then verball command● and according to my right and priviledge let mee read it I would goe with you either by land or water as you please because I was in no capacity to resist you although I then told you I judged a paper-Warrant although in words never so formall comming from any pretended power or Authority in England now visible to be altogether illegall because the intruding Generall Fairfax and his Forces had broke and anihilated all the formall and legall Magistracy of England yea the very Parliament it selfe and by his Will and Sword absolute Conquerour like had most tyrannically exected set up and imposed upon the free people of this Nation a Juncto or mock power sitting at Westminster whom hee and his Associates call a Parliament who like so many armed Thieves and Robbers upon the high way assume a power by their owne will most traiterously to doe what they like Mr. Atturny That 's not the place look towards the latter end Clerk Then here it is sure I cannot chuse but acquaint you that I have long since drawne and published my plea against the present power in my second Edition of my Booke of the 8. of June 1649. intituled The legall fundamentall liberties of the people of England revived asserted and vindicated which you may in an especiall manner read in the 43 44 45. to the 49. page which by the strength of the Lord God omnipotent my large experienced helpe in time of need I will seale with the last drop of my blood Mr. Aturny My Lord for the Book called the legall fundamentall liberties of England his name is to the Booke but I shall not put much weight upon that but in others of his books as in his Preparative to an Hue and Cry which he owns and which is proved he owns by 3 witnesses In severall places of that book he owns this as his book viz. The legal fundamental liberties of Engl. revived c. He calls it mine and his ferementioned booke and in his Salva Libertate he owns it again gives it the very date and the very Title that is in this Booke my Lords we have done with this My Lords now I shall goe on to make use of it and to shew my Lord out of these books his words and language to make good the Charge that hath been read in the indictment against Mr. Lilburne My Lords if you please for that I shall begin first in reading to the Jury the very Act it selfe which makes the fact to be Treason My Lord for that here is the Act that doth declare the Common wealth for the future to become hereafter a free State and the other declaring that fact to be Treason that shall say it is tyrannicall or unlawfull these are generall Acts which need not be proved but if the prisoner does desire it we shall prove it Clerk Die Lunae 14. of May 1649. Ordered by the Commons assembled in Parliament L. C. Lilb Hold Sir prove your Act first whether it be an Act of Parliament Mr. Atturney My Lords I shall not struggle with Mr. Lilubrn in plaine termes but I thought when Acts were published the Courts of Justice were bound in duty to take notice of them but if it be so he will have it proved we will although it be but a slender cavill for this is one of the published copies L. Col. Lilb But under your favour Mr. Prideaux as there may be counterfeit money which wee see there is every day so there may be counterfeit Statutes too and this may be one for any thing I know therefore I desire it may be proved to be a true Statute or Act of Parliament Mr. Nutleigh This is a true copy of the Act of Parliament which I examined with the Record L. Col. Lilb The record where is that to be found Mr. Nutleigh At Westminster with the Clerk of the Parl. L. Col. Lil. Is this Gentleman able to depose it to be a 〈◊〉 Law in all the parts of it for by the Lawes of England the people are not to take any notice of Acts made but by a Parliament neither are they to take notice of those Acts that are not proclaimed Sir I beseech you let me know where the Record and Rolls are and where he examined this and whether he is able to sweare whether they have been proclaimed in every Hundred and Market-towne according to the old and not yet repealed law of England Lo. Keble At Westminster he tels you L. Col. Lilb I beseech you where at Westminster Lord Keble The Clerks of the Parliament are known to the City of London here you know it well enough L. Col. Lillb That is no answer to my questions I pray let me have fair play for it is a question to me whether the bookes of the Clerk of the

Kings life before a legall Magistracy when there shall be one again in England which now in the least there is not Mr Att Indeed My Lord and you of the Jury Mr Lilburne is a very great Rooter not a Leveller but a Rooter to root out the Laws of England by the Rootes J There is not Lieut. Col Lilb By your favour Mr Prideaux I knew the time when others said it as well of you and it is not long since you were penned down in a black bill to my knowledge as unsavory Salt with many others to be thrown out of the House of Commons I pray Sir whether were those Rooters that went about to roote up that House by force of Armes or Mr Prideaux and others to give them cause at least in their apprehensions Mr Att My Lord A legall Magistracy in England as now he saith in the least there is not if there be no Magistracy I will conclude there is no Propriety My Lord left in this Nation but Mr Lilburne saith there is no Magistracy and if so then no Propriety Lieut. Col Lilb It would be a very strange Argument that you would inferre I wish you and I were to dispute that in point of Law for our lives that to deny a Magistracy legally constituted according to the Formalities of the Law does not destroy Propriety for indeed Sir propriety is an antecedent to Magistracy and is first in being before it but Sir to end the dispute he that ownes the Law of England as I do that distinguisheth meum tuum can never be a Destroyer of Propriety I wish your practise were as consonant to Propriety as my Principles Mr Prid Read the 2 Page at the marke Clerk Now I say considering that which is before declared I cannot upon any tearms in the world either with Safety Justice or Conscience as things stand with me at present give my consent but hinder as much as I am able all addresses from me or any other that shall own the usurping Tyrants as a Parliament especially by Petition which was a course saith the pretended Parliament Sollicitour against the King in his case stated pag. 24. which Gods people did not take with Reboboam for they never petitioned him although he was their lawfull supreame Magistrate but advised him he refusing their Counsel and hearkened to young and wicked Counsellours and they cry out to thy Tents O Israel and made quick and short work of it Mr Prid My Lord here is words again to make good as aforesaid that the Parliament are usurping Tyrants read also Page 28. Clerk Read on Page 23. in the margent of the said book And if those very things should now be judged Treason as they are and were in the Earle of Strafford I wonder what should become of all our present Juncto at Westminster and their new thing called a Councel of State undoubtedly the most if not all of them must go to Tiburne or Tower-hill there by a halter or axe to receive their just deserts Amen Mr Att There is an Amen pronounc'd to us let him have it that deserves it but to go on Read the 11. page of his book called the Apprentices Outcry Clerk reads 11. page We say considering what is before premised we are necessitated and compel'd to do the utmost we can for our own Preservation and the Preservation of the Land of our Nativity and never by popular Petitions c. addresse our selves to the Men sitting at West-minster any more or to take any more notice of them then as of so many Tyrants and Usurpers and for time to come to hinder as much and as far as our poor despised interest will extend to all others whatsoever from subscribing or presenting any more popular Petitions to them And onely now as our last Paper refuge mightly cry out to each other of our intollerable Oppressions in letters and remonstrances signed in the behalf and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostatize but be able through the strength of God to lay down their very lives for the maintaining of that which they set their hands to Mr Prid Read page 2. Clerk reads on page 2. But even our Parliament the very marrow and soul of all the peoples native Rights put down and the name and Power thereof transmitted to a picktparty of your forcible selecting and such as your Officers our Lords and Riders have often and frequently stiled no better then a mock Parliament a shadow of a Parliament a seeming Authority or the like pretending the continuance thereof but till a new and equall representative by mutuall agreement of the free people of England could be elected although now for subservancy to their Exaltation and Kingship they prerogue and perpetuate the same in the name and under colour thereof introducing a privy Counsel or as they call it a Counsel of State of Superintendency and Suppression to all future Parliaments for ever erecting a martiall Government by bloud and violence impulsed upon us Mr Prid Read page 3. at the marke Clerk Page 3. Trade is decayed and fled misery poverty calamity confusion yea and beggery grown so sore and so extreame upon the people as the like never was in England under the most Tyrannicall of all our Kings that were before these in present Power since the dayes of the Conquerour himself no captivity no bondage no oppression like unto this no sorrow and misery like unto ours of being enslaved undone and destroyed by our large pretended friends Mr Prid Read page 4. Clerk pag. 4. And yet nothing but the groundlesse wills and humours of those forementioned men of bloud rageth and ruleth over us and is this all the returne and fruit that people are to expect from your hands Mr Prid Take his preparative to an hue and cry after Sir Arthur Haslerigge and read page 2. Clerk reads on The Preparative to the hue and cry after Sir Arthur Haslerigge at pag. 2. in the margent that those men that now sit at West-minster are no Parliament either upon the Principles of Law or Reason Mr Prid Read pag. 3. Clerk pag. 3. They promise to amend and to proceed according to the forme of the Law as fully appears in their last fore-mentioned Declaration and severall others as particularly the present Declaration of this present Juncto against Kingship dated the seventeenth of March 1648. Mr. Prid Read pag. 4. Clerk pag. 4. But the said Sir Arthur Haslerigge c. more arbitrarily and more trayterously the Strafford having no pretence of regall legall or Parliamentary Commissions or Authority no not so much as from the present nothing or illegall Juncto or the present illegall thing called the Councel of State Mr John Iordan now member Mr Att My Lord he doth declare who he meanes by Juncto Mr Jurdon a member of the present Juncto the pretended House of Commons in the third place for

truth which hath been proved against you L. Col. Lilb Well then if it must be so that you will have my bloud right or wrong and if I shall not have on houres time to refresh me after my strength is spent and to consider of that which hath been alledged against me then I appeale which he uttered with a mighty voice to the righteous God of heaven and earth against you where I am sure I shall be heard and find access and the Lord God Omnipotent and a mighty Judge betwixt you and me and requier and requite my bloud upon the heads of you and your posterity to the third and fourth generation immediatly after the uttering of which the Scaffold fell down which was on the left hand which occasioned a great noise and some confusion by reason of the peoples tumbling but silence being made the Prisoner was buisie at his Papers and books being invited by Sheriffe Pack to come out of the Barre for fear he should have faln with the rest and so he might have lost his prisoner Lo. Keeble How came the prisoner there L. Col. Lilb I went not thither Sir of my own accord but by Mr Sheriffs Invitation and if I am in a place where I ought not to be blame Mr Sheriff and not me Lo. Keeble Dispatch Sir L. C. Lilb Sir if you will be so cruell as not to give me leave to withdraw to ease and refresh my body I pray you let me do it in the Court Officer I entreat you to help me to a chamber-pott which whilst it was fetching Mr Lilburne followeth his Papers and books close and when the pott came he made water and gave it to the Foreman Lord Keeble Proceed Mr. Lilburn but he pressed for a little r●spit which was granted him with much ado as also a chaire to sit down upon but within a very little space the Lord Keeble said Lord Keble The Court cannot stay for you proceed on to answer Li. Col. Lilburn Good Sir Would you have me to answer to impossibilities will you not give me breath if you thirst after my blood and nothing else will satisfie you take it presently without any more to do But the Prisoner strugled out a little respit Lord Keeble The Court can stay no longer take away his Chaire for I cannot see the Bar and plead what you have to say for it growes very late Lieutenant Colonell Lilburne Well seeing I must to it the will of God be done but his brother being next to him was heard to presse him to pause a little more No brother saith he my worke is done I will warrant you by the strength of God I will knock the Nayle upon the head and so he went into the Barre and set the Chaire before him and laid his Law Books open upon them in order as he intended to use them and being ready said Sir I humbly crave the favour since it is my hard lot and fortune at least in my owne apprehension to have so much hard measure and injustice as I have to know whether or no you will permit me after that I have pleaded to a matter of Fact according to the Law of ENGLAND that has beene allowed to the highest Traytors in all the Bookes that I have read of that I may speake in my owne hehalfe unto the Jury my Countrymen upon whose consciences integrity and honesty my life and the Lives and Liberties of the honest men of this Nation now lyes who are in Law Judges of Law as well as Fact and you onely the pronouncers of their Sentence Will and Minde I say I desire to know when I have pleaded to matter of Fact whether you will be pleased to give me leave to speake to them a few words besides Lord Keble Master Lilburne quietly expresse your self and you do well the Iury are Iudges of matter of Fact altogether and Iudge Cooke sayes so but I tell you the opinion of the Court they are Iudges of matter of Law Lieutenant Colonell Lilburne The Jury by Law are not onely Judges of Fact but of Law also and you that call your selves Judges of the Law are no more but norman intruders and indeed and in truth if the Jury please are no more but Cisers to pronounce their Verdict Judge Jermin Was there ever such a damnable blasphemous heresie as this is to call the Judges of the Law Cifers Sir I entreat you give me leave to read the words of the Law then for to the Jury I apply as my Iudges both in the Law and Fact Lord Keeble We will not deny a tittle of the Law Judge Jermin Let all the hearers know the Iury ought to take notice of it That the Iudges that are sworne that are twelve in number they have ever been the Iudges of the Law from the first time that ever we can reade or heare that Law was truly exprest in England and the Iury are onely Iudges whether such a thing were done or no they are onely Iudges of matter of Fact Lieutenant Colonell Lilburn I deny it here 's your owne Law to disprove you and therefore let not me but read it it is a hard case when a man is upon the triall of his life that you will not suffer him to reade the Law to the Iury for his owne defence I am sure you have caused to be read at large those Lawes that makes against me Lord Keeble But I shall pronounce to cleare the righteousnesse of that Law whatsoever others will pretend against it that know it not Lieutenant Colonell Lilburn Sir under favour I shall not trouble my self with any thing but what is pertinent to my present purpose here is the first part of Cooks Institutes it is owned by all the Lawyers that I know or ever heard of in England for good Law Lord Keeble If you can canvince us that matter of Law does concerne you the Iury you say something Lieutenant Colonell Lilburn Sir I have been shuffled too much out of my Liberties already give me leave to reade but the Law to the Iury I will make use of nothing now to them but your owne words and when I have done I will leave my self to them and the guidance of God upon their conscience and having the book open in his hand he said in the first part of Cooks Institutes sect 366. fol. 226. 227. 228. in his Exposition of Ployden hath these words Lord Keeble Have we dealt so fairely with you all this while Pray be confident those that are quotations there are not for your purpose but I thought how good a Lawyer you were for to set Cooks Commentaries upon Ployden when there is no such Booke or Commentary go to your matter of Fact which is cleare but for this let it fall downe and spare your selfe and trouble your selfe no more with Cooke he has no Commentary upon Ployden But Master Lilburne prest to speake Justice Jermin Hold Sir Lieut. Col. Lilburn What will not

Tower likewise joyns in it My Lords I think there was not a clause read to you out of it but what is ful home to the purpose and as for the Out-cry the Printers test imony is compleat and the legal fundamental liberties is owned by him in his Impeachment of High Treason against Lieut. Gen. Cromwel and his Son in law Commissary Ireton and he doth there also sufficiently own the Agreement of the first of May And my Lords I do not know there was any thing that was effered here in that book but was first proved in the Court We do not offer any thing of errour that was past to take Mr. Lilburn upon any speeches that fell from him unawares although he hath sufficiently done it but in much speaking there wants not effence it fals out here in this Mr. Lilburn hath been very free in his writing in his speaking in his printing and it now riseth in judgment against him and the law must now give him his due which you my Lords are sole Judges of and from whom the Jury and the Prisoner both must receive for all that which Mr. Lilburn hath said to the contrary And the Jury answers to the matter of fact and they are upon their Oaths sworn to do the things that are just and right My Lords I shall leave the Evidence to them with this note or observation upon it that notwithstanding all Mr Lilburn hath storished and said I will not say as he hath done and seeke by glossing speeches or insinuations to wind into the affections of the Jury as he cunningly and smoothly hath done by calling them his fellow Citizens and the like you Gentlemen of the Jury you are to answer now according to your own consciences betwixt God and you your oath is that you are not to respect favour or affection nor to meddle with him upon any respect then in justice and as it is already clearely witnessed and proved before you My Lords you have heard the severall charges he is accused upon you have heard a great deal of foul matter and dirt that is fit for nothing but to be cast upon the ground and returnes to Mr Lilburn again for truly w●en he cast it upon the purest Marble or Brasse it fals off again God he thanked that it returnes to Mr Lilburn the right owner the prisoner hath cast these accusations and these blemishes upon others but now they are upon the ground they will fall off doth retort and return upon his own face he hath taken a great deal of pains to digge deep for mistakes nay for notorious gross calumniations had he the ingenuity to remember the words of the Scripture that the pit he hath digged for others he is falne into himself he would have some remorse of conscience in him but all the mischiefs and all the evils that can be thought upon which he imagined to heap upon others is now most justly falne upon himselfe It is said of those slies whose matter is corruption they alwaies light upon sore places upon galled backs upon carrion other birds when they slie upon faire meadowes will not touch these Certainly the Parliament of England the Army all the Officers of it whose fame both as Parliament and Army all men know in an extraordinary manner are now put in a ballance against Mr Lilburn but for the Army and the Officers of it no man can say but they have been faithfull and true to their trust gallant and couragious and extream succesfull to the peace and happinesse of this Nation and God is pleased at this instant to own them and blesse them in a miraculous manner L. Col. Lilb And yet notwithstanding did not you help to vote them Traytors once I am sure I was in a chamber in White-Hall last year when their Commissioners now Members of your House put your name down in their black bill for a Malignant but it seems you have recanted your errors and engaged to be a good acquiessing creature or else you had not been here this day in the condition you are in but for all their faithfulnesse c. have they not rebelled twice against their Creatours Lords and Masters M. Att. Never Army hath done greater things and yet they have not seaped Mr Lilburns tongue and pen they have not scap'd it my Lords but he hath lashed them to the purpose I shall be as good as my word not to aggravate the offences for they are fo vile they aggravate themselves enough and therefore I leave it thus the naked truth and the worth of it as the Books themselves have offered themselves but I shall say thus much more the honour of the Parliament of England all the Magistracy therein the honour of the Government the honour and renown of the Army that hath done such great and wonderfull things is now at stake against Mr Lilburn and there being a law published that did give warning and Mr Lilburn had been tried for his life sooner upon my knowledge I say Mr Lilburn had been sooner tried sooner condemned and executed if the law had been sooner made published but as he saith right well where there is no law there is no transgression and therefore there being a law against which he hath offended he must smart for it L. Col. Lilb I am sure I was imprisoned most unjustly without any the least shadow or couller in law many moneths before your Acts were made and extreamly oppressed and now you goe about to hang me as a Traytor for at most but crying out of your oppression O unrighteous men the Lord in mercy look upon me and deliver me and every honest man from you the vilest of men M. Att. And that law was published and proclaimed in this City by means of which Mr Lilburn and others had timely notice that they should not doe such things as are there forbidden it also told them the penalties of it which are those that are due for the highest high Treason and yet notwithstanding you see with what boldnesse with what confidence in despight of all Law and Authority these Books have been made and published by Mr Lilburn and whereas he is pleased to say many times that many men have petitioned for him to the Parliament he will not affirm to you that ever he petitioned himselfe but in all his discourse here he cals them the present men in power the Gentlemen at Westminster nay my Lord he hath not so much as owned the power of the Court since he came before you but hath often called you ciphers and the like L. Col. Lilb That 's no Treason Sir they intitle themselves the present power and would you hang me for not giving them a better stile then they themselves give to themselves I think the stile of present power or present Government is a very fit stile for them Mr. Att. My Lord I have told you long it is the Jury that are Judges upon the fact

proceedings but our most deere Friends because ever faithful to their Countrey must thus be ruined and slaughtered under pretence of Tryalls we shall not desire to breath longer in this World as seeing nothing but misery and slavery like to follow after them What a sad thing we beseech you is it that it should be thus in this Nation in the first year of Englands liberty as you would have it esteemed which in our apprehension exceeds in misery and thraldome the worst of Englands bondage For besides what hath been mentioned what is more frequent then to txamine men against themselves to imprison men by Votes of Committees to seize upon mens persons by Pursuivants Messengers to sweare men against themselves Taxes and Impositions never so high and Souldiers not civill Officers set to gather them to the terror of the people and upon the least deniall either violence or an Imprisonment certainly ensueth Lawyers in effect are said to rule all the Lawes are trod under foot by them and wrested to what sence they please and Law suites extended beyond all reason in respect of time and charge then as is verily supposed having m●dded the clear intentions of this House and perverted the just intentions of the Army poor impotent Prisoners for debt and mall offences abound and starve in prisons through poverty the cruelty of Lawyers and Goalers and the poor abroad even perish for want of imployment and through the excessive price of foode and few or none lay these things to heart And if any do and become passionately affected there with and but speak their mindes freely thereof or as hath been usual and commendable endeavour to get People together in meetings and propose Petitions for redresse the Puritans were never more reproached in the Bishops times nor the Independents and Anabaptists in the late defectiou of Parl. then now all such are with more odious Titles or the same in a more odious forme as Atheists Levellers Libertines Introducers of Monarchy Anarchy and Confusion which are poysoned Arrowes shot principally at us and our Friends though must unjustly none hating or abhorring either the Principles or the Practice more then we or our Relations To our understandings this is truly our mise rable condition and the sad condition of the Common-wealth and which is the more grievous because in a time when upon promises made in the presence of God and with appeales to his m●st righteous judgments we justly expected the clea●est and largest Freedoms with even a totall redresse of all grievances and which is no small addition to our sorrow that we are wounded thus sorely by the hands whence we expected our most perfect Cure So that what to say or do either to help our selves or our Friends that are both in misery and danger and the Common-wealth that lyeth in no small degree of thraldom we are exceedingly to seeke and therefore as in fit condition for his help only that is a present help in time of trouble and who maketh mans extremity his oppertunity we most humbly and ardently beseech his divine goodnesse to vouchsafe you a true Christian like Spirit of Condescention whereby you may be inclined to appoint some impartial persons to informe our understandings aright of many things here complained of that if we be we may appear to have been mistaken professing from our Consciences that as yet we are confirmed in these our apprehensions of things not onely from our own Reasons but from the Declarations Promises and Engagements of Parliaments and we trust this way of reasoning out of differences will appear more like unto the wayes of God then by force or threats to stop our mouthes or suppresse our understandings Also that he will both test fie and moll● fie your hearts that you may instantly look back from whence you are fallen To the just ends for which the Army reserved you together and then not despairing but the hand that may heale it being Gods way we would beseech you to render up unto the People their long detained right of new Elections and a new elected Parl. To fulfill your promises concerning Magna Charta and the Petition of Right to unbind every burthen and to break every yoake to give bread to the hungry when you see the naked to cover him and not to hide your selves from those of your own flesh your present humble Petitioners though never so much scandalized and reproached To deliver the Captive and set the oppressed free and if for a testimony of your reall intentions herein you shall release unto us ours and the Nations true Friends though pointed unto death or continuance in bonds we shall rejoyce above measure at so blessed an alteration and then shall your light break forth as the morning you shall finish your Course with joy all we have shall be ever ready to preserve you and we shall ever pray that the Lord our God may be your exceeding great reward REader This foregoing Petition was Octob. 23. 1649. offered unto the House with most earnest and importunate solicitation to have it received but such a face of denial and opposition appeared amongst them that neither the Serjeant at Armes nor any Member would so much as touch it telling the Petitioners that the House would not receive any Petition in L. C. Lilburnes behalf Notwithstanding they have Declared That it is the Right of the People of England to petition and their duty to receive Petitions though against Lawes established part book declar pag. 720. The fift and last of which in order is his Brothers single Petition the Copy of which thus followeth To the Right Honourable the supream Authority of this Nation the Commons of England in Parliament assembled The humble Petition of Col. Robert Lilburn Humbly sheweth THat although of late presenting an humble Petition to this Honorable House in my own and my Sisters name in behalf of my dear brother I had not the happiness to have the same considered yet so strong are my affections towards him not onely as a brother but as confident of his integrity and that he hath been very serviceable formerly in his Generation though possibly accompanied with humane fra●●ties but also exceedingly afflicted with the long continuall sufferings of his faithful dear and now almost distracted wife Hereupon and for that it grieves me above measure that he whom all former powers sought to destroy for his affection to the present members of this honorable house which powers you have abolished and out of whose hands he as it were miraculously escaped should come to receive his sad doom under your Authority when as I verily believe that upon good grounded assurance that could I but obtain so much favour of this honourable house as to suspend all proceedings against him for some reasonable time I should be able to convince him of the evill of any thing that is really evill of it self and whereby possibly upon a mistaken conscience he may unwillingly have

c. and further didst deliver unto the three Souldiers before named the said Book intituled an Out-Cry of the Young men and Apprentices of London having these words following contained therein Surely all sense and compunction of conscience is not totally departed from you hear us therfore in the earning bowels of love and kindnesse we intreat and beseech you with patience and doe not abuse us for complaining and crying out for the knife hath been very long at the very throats of our liberties and freedomes and our burthens are too great and many for us we are not able to bear them and contain our selves our oppressions are even ready to make us dispair or forthwith to flie to the prime lawes of nature viz. the next violent remedy at hand lite where it will or upon whom it will they are become as devouring fire in our bosomes ready to burn us up rendring us desperate and carelesse of our lives prising those that are already dead above those that are yet alive who are rid of that pain and torment that we doe and must indure by sensiable seeing and beholding not only the dying but the daily buriall of our native liberties and freedomes that we care not what become of us seeing that we are put into that originall estate or Chaos of confusion wherein lust is become a law envy and malice are become laws and the strongest sword rules and governs all by will and pleasure all our ancient boundaries and land-marks are pulled up by the roots and all the ties and bonds of humane society in our English Horizon totally destroyed and extirpated Alas for pitty we had rather die then live this life of a languishing death in which our Masters possesse nothing to buy themselves or us bread to keep us alive that they can call their own therefore it s no boot for to serve out our times continue at our drudging and toylingtrades whilst these oppressions cruelties and inhumanities are upon us and the rest of the People exposing thereby the Nation not only to domestique broyles warres and bloud-sheds wherein we are sure our bodies must be the principall buts but to forraign invasions by France Spain Denmark Swethland c. as was well observed by an endeared and faithfull friend of the forementioned late treacherously defeated party at Burford in their Book of the twentieth of August 1649. Intituled the Levellers vindicated or the case of the twelve Troopes truly stated Page eleven and twelve which we cannot but seriously recommend with them to your serious perusall and judgement and desire to know of you but especially the private Souldiers of the Gen. Regiment of horse who we understand had a hand in seising upon and plundring our true friends at Burford whether you doe own the abominable and palpable treacherous dealings of your Generall and Lieutenant Generall Cromwell and their perfidious Officers with them or no that so we may not condemn the innocent with the guilty and may know our frinds from our foes as also to tell us whether you doe approve of the totall defection of your Army under which it now lieth from their faith and falne Engagement made at Newmarket-heath June the fifth 1647. not one of those righteous ends in behalf of the Parliament and people on which your Vow was made being yet fulfilled or obtained but on the contrary as we have before rehearsed a whole floud-gate of tyrannies are let in upon us and over-whelme us and whether you the aforesaid private Souldiers meaning justifie all those actions done in the name of the Army upon your account and under the pretence of that Engagement since the Engagement it selfe was broken and your Councell of Adjutators disolved And whether you will hold up your Swords to maitain the totall dissolution of the People choysest interest of freedome viz. Frequent and successive Parliaments by an Agreement of the People or obstruct the annuall succession Whether you doe allow of the late shedding the bloud of Warre in time of Peace to the subversion of all our lawes and liberties And whether you doe countenance the extirpation of the fundamentall freedomes of this Common-wealth as the revocation and nullity of the great Charter of England the Petition of Right c. And whether you doe assent to the erection of Arbitrary prerogative Courts that have or shall over-rule or make void our ancient way of tryals in criminall cases by a Jury of twelve men of the neighbourhood And whether you will assist or joyne in the forcible obstruction of this Martiall and tyrannicall rule over us Also whether you will fight against and destroy those our friends that shall endeavour the composure of our differences together with the procurement of our freedomes and settlement of our peace your plenty and prosperity according as it was offered by the fower Gentlemen prisoners in the Tower of London upon the first day of May 1649. as a peace offering to the Nation by the Agreement of the People the aforesaid fained Agreement meaning lastly wee the aforesaid young men and Apprentices of London meaning earnestly beseech you the aforesaid private Souldiers again meaning to acquaint us whether from your hands to your power we may expect any help or assistance in this our miserable distressed condition to the removall of those Iron bonds and yokes of oppression the aforesaid Government in way of a Common-wealth and Councel of State meaning that have thus enforced us to complain and addresse our selues thus to your consideration for we the aforesaid young men and Apprentices again meaning cannot chuse but acquaint you the aforesaid private Souldiers againe meaning that we are seriously resolved through the strength and assistance of God with all the interest wee have in the world to adhere to the righteous things contained in our treacherously defeted forementioned friends vindication the aforesaid traiterous Book intituled The Levellers vindicated or the case of the twelve Troopers truly stated again meaning And further thou the said Iohn Lilburn as a false Traytor by most wicked trayterous conspiracies designes and endeavours of thine aforesaid afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. above said And diverse other daies and times as well before as after didst in the parish and ward of London aforesaid in and by the aforesaid scandalous poysonous and traiterous Book intituled An Impeachment of high Treason against Oliver Cromwell and his Son-in-law Henry Ireton c. most falsly maliciously and traiterously publish and openly declare amongst other things in the said Booke these following scandalous treacherous tumultuous and traiterous clauses and words following that is to say But I meaning thy self the said Iohn Lilburne and many other persons meaning the foresaid friends inteat you seriously to consider that I cannot advise you to make addresses to him meaning the aforesaid THOMAS Lord FAIRFAX Captain General as the Generall of the Nations forces the Forces of this Natieon

of England meaning for he the aforesaid Captain Genrall meaning is no Generall but is meerely a great Tyrant meaning the aforesaid Capt. Generall standing by the power of his owne will and a strong sword borne by his vassels slaves and creatures the Souldiers of the Army aforesaid meaning having no Commission to be Generall either from the Law or the Parliament nor from the prime lawes of Nature reason For first when he was made Generall by both houses of Parliament it was expresly against the letter of the Laws And secondly when he refused to disband c. he hath rebelled against his Parliament Commission and thereby destroyed and annihilated it c. The Reader is desired to take notice that in the Indictment it selfe there was a great many other things then in this is expressed as particularly divers passages out of a book called Mr. Lilburnes Intituled The Legall Fundamentall liberties of England revived c. as also out of another book Intituled A preparative to an Hue and Cry after Sir Arthur Haslerigg c. as also out of The Agreement of the People of the first of May 1649. with severall other remarkable things in matter and forme that was more neglected to be taken then the pleadings because it was not supposed but the Indictment being a Record a true Copy of it might easily be had considering that by Law all Records ought freely to be used by any free-man of England and Copies of them to be denied to none that desire to take them but that Priviledge being already in this Cause disputed and denyed in which regard the Reader must at present accept of the best imperfect notes the Publisher could pick up but to go on And further that thou the said John Lilburne as a false Traytor all and singular the clauses and English wordes abovesaid and many other trayterous poysonous and malicious expressions in and by the aforesaid writings and by the aforesaid severall books as aforesaid recorded and by thee the aforesaid John Lilburne published and openly declared in the severall books so as aforesaid printed and by the aforesaid wrightings and by thee the aforesaid John Lilburne in manner and forme aforesaide published and openly divusged and declared divers other scandalous malicious tumultuous and treacherous clauses and words in the said 〈…〉 contained falsely maliciously advisedly and trayterously hast publ 〈…〉 and openly declared to the intent to stir up and raise forces against 〈…〉 Government aforesaid in the way of a Common-wealth and free 〈…〉 as aforesaid established and for the suppressing and alteration of the 〈…〉 Government and to stir up mutiny in the Army aforesaid and also 〈…〉 withdraw the said John Tooke Thomas Lewis and John Skinner and 〈…〉 other Souldiers from their obedience to their superiour Officers and 〈◊〉 Commanders and to set them in mutiny and rebellion against the publick peace and to manifest contempt of the Lawes of this Common-wealth and free State and against the forme of the Statutes in this Case made and provided The Indictment being reading and the noise of the people in the Hall great the Prisoner said he could not heare and had some few lines before read over to him L. Col. Lilb Pray hold your Peace Gentlemen I beseech you be quiet speaking to the people L. Keeble Quiet you your self we will quiet them for you Braughton Which Country are you so that you are to finde whither he is guilty or no he having already pleaded Not Guilty If you finde that he is Guilty of any of the high Treasons laid to his Charge then you are to enquire what goods Lands or Chattels he stood possessed of when he committed the said high Treasons but if you finde him not Guilty you shall then enqnire whither he did not fly for it and if he did not fly for it Then you are to say so and no more therefore hearken to your evidence L. Col. Lilb May it please your Honour Cryer If any man can give any Evidence to my Lords the Justices of Oyer and Terminer against Mr. Iohn Lilburne let him come in and he shall be heard L. Col. Lilb I desire to be heard to speak two or three words I humbly desire the favour to speak two or three words I humbly desire the favour to be heard two words L. Keeble It is not a fit time you shall be heard in your due time but hear what the Witnesses saith first L. Col. Lilb I conceive I am much wronged in saying that I pleaded not Guilty for I pleaded no such Plea I appeale to the Court and to all that heard me whether I pleaded any such Plea for before I pleaded the Court became engaged to me to take no advantage of my ignorance of the formalities of the Law and promised to give me as much priviledge as my Lord Duke of Hambleton and others injoyed before the Court of 〈◊〉 L. Keeble We know all this L. Col. Lilb Sir by your favour I pleaded conditionally and now I 〈◊〉 my absolute Plea to the Indictment which is this That I except 〈◊〉 the matter and form of it in matter time place and humbly crave 〈◊〉 to assigne and plead to the errors thereof L. Keeble You must hear us we hear you a word is a great deale these things we have taken perfect notice of the Court is not ignorant of them Therefore they need not so suddainly be repeated to us againe you need not repeate these things for I tell you agan● they are all fresh in our memories and that we have done we must maintaine or we have done nothing L. Col. Lilb Truly it is requisite for me to say that I am wronged I had no such single Plea I plead a Plea at large to the errors of the Indictment and first now crave liberty of the Law of England to have time and Councell assigned me L. Keeble You shall have the Lawes of England although you refuse to own them in not holding up your hand for the holding up of the hand hath been used as a part of the Law of England these 500 yeares go on My Lord Mr. the Councell that was an assistant to Mr. Prideaux The prisoner at the Barstands Indicted as a Traytor for that he contriving and maliciously intending not only to disturbe the publicke Peace but also to bring the Government of the Nation happily setled in a free State or Common-wealth without a King or an house of Lords and the Commons in Parliament assembled to bring in disgrace and contempt amongst all good men he did the first of this instant October and divers times before and since in this City falsly and maliciously advisedly and trayterously by writing printing and openly derlaring in and by one Paper of his called A Salva libertate and by divers other papers and books whereof one he calls An Impeachment of high Treason against Oliver Cromwell and his sonne in law Henry Ireton and another book of his Entituled An