Arbitrary wayes but we will try you by the rules of the good old Laws of England and whatsoever priviledge in your Tryal the Laws of England will afford you claim it as your Birth-right and Inheritance and you shall enjoy it with as much freedom and willingness as if you were in Westminster Hall to be tryed amongst your own Party and this we will do for that end that so at London your friends shall not have any just cause to say we murthered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own wills Nay further said he Captain Lilburne it is true I am a Judge made by my Sovereign Lord the King according to his right by Law and so in a special manner am his Servant and Councellour and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the Prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost priviledges of the Law of England which is a Law of Mercy and not of Rigour and hath the life of a man in tenderest and highest estimation and therefore it is the duty of a Judge by Law to be of counsel with the Prisoner in things wherein by his ignorance he falls short of making use of the benefit of the Law especially when he is upon the Tryal of his life Yea and to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court Yea it is my duty to carry my self with all fairness and evenness of hand towards you and wherein that there shall seem any mistakes to appear in circumstances of Formalities to rectifie you For 't is my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of you defence and according to the Laws of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I pleaded not guilty yea and also became willing to assign me what Councel I pleased to nominate freely to come to prison to me and to consult and advise with me and help me in point of Law This last he did immediately upon my pleading to the Indictment before any Fact was proved all which is consonant to the declared Judgement of Sir Edward Cook that great Oracle of the Laws of England whose Books are published by speciall Orders and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of High Treason fol. 29.34 compared with fol. 137.230 asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillio's thereof run my self with over-much hastiness in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Bar I cannot chuse but a little demur upon it and yet with all respect to you to declare my desirableness to keep within the bounds of Reason Moderation and Discretion and so to carry my self as it doth become a man that knows what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamental liberty of an English man in order to his Tryal which is that by the Laws of this Land all Courts of Justice alwayes ought to be free and open for all sorts of peaceable people to see behold and hear and have free access unto and no man whatsoever ought to be tryed in holes or corners or in any place where the Gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the Gates shut and guarded which is contrary both to Law and Justice Sir the Laws of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and several others have had the Chair and there I stood upon my right by the Laws of England and refused to proceed with the said Committee till by special order they caused their Doors to be wide thrown open that the people might have free and uninterrupted access to hear see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Books and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Justice freely to open their Doors for the free access of all sorts and kindes of Auditors And I did refuse as of right to proceed with them till by special order they did open their Doors For no tryal in such cases ought to be in any place unless it be publick open and free and therefore if you please that I may enjoy that Legal Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darkness holes or corners go on to a tryal But if I be denyed this undoubted priviledge I shall rather dye here then proceed any further And therefore foreseeing this beforehand and being willing to provide against all jealousies of my escape the fear of which I supposed might be objected against me as a ground to deny me this my legal right and therefore beforehand I have given my engagement to the Lieutenant of the Tower that I will be a faithful and true prisoner to him He enlarged himself as to other particulars but these being the most material as to the relation of some passages of his Life I thought it necessary to insert them He having these requested freedoms granted him from Judge Keble his tryal went on which because of it self it is a large printed volume I shall onely hint at some things not to be omitted in it After he had ended his Speech Judge Keble told him that his requests were granted bid him look behinde him the Doors were open Mr. Prideaux the Atturney General excepted against the favour done him of the liberty of his Speech as at the beginning of his arraignment he had denyed to hold up his hand he further expressed that the Commission for the Tryal
Whitel of a Clock which moving all the rest hath not of its self any sensible motion or as we see the Circum-ambulation of the lower Spheres yet see not the primum mobile whose Revolution whirles them round about Lastly to consider the great delight of this Study then which what can be greater then in History as she reinforces Antiquity from her ruines what can be nobler then to make the gray head of time white again what more pleasant then to look back on that which is not to see great Empires more unknown in their Originals then the Fountain head of the Nile break out with such violent Cataracts that they have either over-run or terrified the amazed world and then in the height of their glory pulled down by some unexpected and improbable means and in a manner so annihilated that they have kept no Tract of their greatness save what is found in a piece of paper To draw to a conclusion to my own Addresses as to the right understanding of this Volume I must for my own part freely acknowledge that it is more then the Work of one man were he of never so strong forces to compose a passible contexture of the whole History of England indeed somewhat I might say for my self as it is well known I have spent some years in these Studies but withal I know quam sit magnum dare aliquid in manus hominum especially in this kinde where more is expected then hath been delivered before in respect of answering the height of some insatiate curiosities this I must write for my self what I may profess in singlenesse of heart that the ambition of my design hath been to keep close to truth which to me hath seemed more amiable then all other worldly Interests to which purpose I have rendred her as she is pictured naked without any unnecessary tires and advantages of Wit and Eloquence it having been my chiefest endeavour to set down things in an even and quiet order not quarrelling with the belief of Antiquity nor obseuring the least particle of truth which I know needs not though falshood requires supporters Thus as to the Authority of what I have writ I have bound my self to the truth of History onely retaining to my self the right of an Authour my own liberty As for the Method Manner and Phrase of writing for my Authours I have prefixed a Catologue of them that my Reader may know that I have not like the men of the times done things ex tempore if every where I have not charged my Book with them it is because the History for the Impartiality of it is Authour to its self onely to avoid too often citations where I could not go abroad as one writes the rest I have taken in at the window I acknowledge I had many supplies besides my own some years continued studies I have conversed with the most knowing persons of unquestionable esteem interested in most of the late Actions I have had the use of their Manuscripts consulted with Records turned over many Volumes so that my Reader as to the grand composure of this Work shall finde nothing so loose though one Life sometimes relates to another but that with Lipsius his soder he may cement them together in their main position as they will lead him by the hand into the Escurial of the History One writes that our Historians are now adayes not crook-back'd as is reported of the Jews but crook-sided warped and bowed to the right or to the left for my part I have declared my self unbyassed that posterity may know that some durst still write Truth whilest other mens fancies are more light then their hands As it is impossible for any man to ground a true History upon the printed Pamphlets of these times such things as passe the Presse without controul so lamentable is our condition that in such a Harvest of Printing we should have so few true Historians on the one side being either stifled with Pamphlets or on the other oppressed with monstrous swelled Volumes able to wear out the eyes with reading the hand in turning or the memory in receiving I must beg pardon if I have imitated Tacitus of whom one may say without partiality that he hath written the most matter with the best conceit in the fewest words of any Historian For my own part I am so greedy of well doing as that nothing suffices the appetite of my care herein I had rather be master of a small piece handsomely contrived then of vast Rooms ill proportioned and unfurnisht As for this Piece which I have extracted out of divers Historians and contracted into a brief Epitome I have endeavoured to set down in it all remarkable passages in as little room as I could the Compendiousness whereof will be useful and acceptable to most sorts of men as first to those who by reason of their other studies and employments in the world have no leasure to read over the many Volumes of Histories which have been written in reading of this they shall not need to spend much time which is but short and every wise man will be willing to husband it as well as he can 2. To those who have no patience to dwell too long upon prolix and tedious Histories from reading of which many are deterred as growing weary before they be half way despairing ever to attain the end of their journey 3. To these also Quibus res angusta domi who either cannot because of their narrow means or will not because of their narrow mindes part with too much money on Books in this they that cannot reach to the price of a long Gown may buy a short Cloak Lastly the benefit will accrew to all men who read this History that they shall buy at a far cheaper rate the experiences of others recorded here then they can buy their own for they that live long and travel far pay soundly for their experience but they who read Histories enjoy the experience of all that lived before which is far greater and much cheaper My onely fear is lest by essaying or epitomizing I should trespass too much on the soil of other mens inventions or judgements as to prejudice truth or the persons whose mutual off-springs they are but these things being but by the by the Reader will not much set by them I shall therefore come to the main and most important considerations this History though it begins with a distance of time yet the discerning Reader shall finde that it is not so far off that the foot-steps of time are worne out and for those passages that have come nearest to our times I have in my inquisitions gone betwixt the Bark and the Tree what I have mentioned in Letters I know from whose closet they came they are many of them never before printed of the Caballa of State of those of which Sir Robert Naunton sayes if they could have been procured would have told pretty tales of the
pleaded first to my Indictment that you would not take exceptions nor advantage against me for my ignorance in the formalities of the Law I desire you to make good your promise now unto me and assign me Counsel to help my ignorance that so the Counsel against me and my Counsel may agree as I have seen it done hereofore in the case of Duke Hambleton upon the points of fact from which Law is to be deducted and if you please to grant me this legal and equitable favour I shall think my self very much obliged unto you without which justice I cannot conceive upon what ground it can be apprehended I can go on for my time and strength now it is so far spent that I conceive you cannot think my body is made of steel to stand here four or five hours together spending my spirits to answer so many as I have to deal with and be able after all this to stand to return an answer to above five hours charge and that upon life when it seems you will suffer me to mend no blots I hope you do not lie upon the catch to weary and tire me out by putting more upon me then a horse is able to endure and then go about to hang me because I through tiredness want bodily strength and abilities to make and pronounce my defence Sir to my apprehension there does arise upon the matter of fact divers disputes in Law I beseech you therefore allow me my right in Law by assigning me Counsel to help me where I am ignorant and you shall see I shall do that which shall become an ingenuous and rational man and I will put my self clearly upon the Trial of the Countrey or my Jury according to the Law The Lord Keble replyed Mr. Lilburne This that you have heard and that we have patiently sat to hear and prepared a stool for you to have sat upon to have given you that liberty that no body should interrupt you more then us you have heard the fair course that hath been taken in it The Books the charges upon the matter they are but three they are not hard for your memory The particulars of those we do not expect that the Jury should remember them the Books are here they have of them but amongst them there are many more but free your self from the matter of fact if you can and these Books and when you have freed your self from the matter of fact charged upon you and then make it appear that from the matter of Fact Law arises and then if you can when the matter of Fact is clear and Law doth arise you shall have Counsel and you shall have no defect in us to interrupt you but to help you in what we may properly know as our right to do but if you do not first clear and make out this which is the issue upon the point to answer the matter ouf Fact we cannot allow you any Counsel the thing that is to be disputed cannot possible be much on your side it will be but very short for it is not possible I say to be much in time or confusion of your memory to give an answer to this particular matter of Fact the first is the publishing of those Books and the owning of them and the next is the Books themselves But this must be first cleared before you can have any Counsel assigned you at all Now it was high time for Collonel John to pretend that he was tired out he requested the Court for a Chamber-pot which was granetd him afterwards he fell to it back and sides Sayes he Well seeing I must to it the will of God be done but his brother being next to him was heard to press him to pause a little more No brother saith he my work is done I will warrant you by the strength of God I will knock the nail upon the head and so he went into the Bar and set the Chair before him and laid his Law Books open upon it 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 own 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 been allowed to the highest Traytors in all the Books that I have read of that I may speak in my own behalf unto the Jury my Countrey-men 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 speak to them a few words besides Lord Keble Master Lilburne quietly express your self and you do well the Jury are Judges of matter of Fact altogether and Judge Cook sayes so but I tell you the opinion of the Court they are Judges of matter of Law Mr. 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 Ciphers to pronounce their Verdict Judge Jermyn replyed Was there ever such a damnable blasphemous heresie as this is to call the Judges of the Law Ciphers Sir I entreat you give me leave to read the words of the Law then for to the Jury I apply as my Judges both in the Law and Fact Sayes the Lord Keble We will not deny you a tittle of the Law Sayes Judge Jermyn Let all the hearers know the Jury ought to take notice of it that the Iudges that are sworn that are twelve in number they have ever been the Iudges of the Law from the first time that ever we can read or hear 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 Mr. Lilburne sayes I deny it here 's your own Law to disprove you and therefore let not me but read it it is a hard case when a man is upon the Tryal of his life that you will not suffer him to read the Law to the Jury for his own defence he was sure they have caused to be read at large those Laws that made against him Lord Keble said But I shall pronounce to clear the righteousness of that Law whatsoever others will pretend against it that know it not Master Lilburne replyed 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