Selected quad for the lemma: order_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
order_n	open_a	open_v	right_n	3,136	5	9.5355	5	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

open their Dores for the free accesse of all sorts and kindes of auditors And I did refuse as of right to proceed with them till by speciall order they did open their Dores For no triall in such cases ought to be in any place unlesse it be publick open and free and therefore if you please that I may enjoy that Legall 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 darknesse holes or corners goe on to a triall But if I be denied this undoubted priviledge I shall rather die here than proceed any further And therefore foreseeing this before hand and being willing to provide against all jealousies of my escape the feare of which I supposed might be objected against me as a ground to deny me this my legal right and therefore before hand I have given my engagement to the Lieutenant of the Tower that I will be a faithfull and true prisoner to him And I hope the Gentleman hath so much experience of my faithfulness to my word that he doth not in the least question or scruple it I am sure he hath often so declared to me that he doth not Nay I have not onely ingaged to be a true prisoner in the Tower to him but I have also solemnly ingaged to him that I will come civilly and peaceably with him and that I will go civilly and peaceably back with him again And that if any tumult or up-roare shall arise in the croud of which I lose him and he me or in case I should be any wayes by force power rescued from him I have also faithfully ingaged to him that I will come again to him by the assistance of God as soon as ever I can get away from that force or rescue And all this I intreated him to acquaint you with that all jealousies and disputes might be avoided Iudge Keble Mr. Lilburn look behind you and see whether the Dore stands open or no. L. Col. Lilb Well then Sir I am satisfied as to that But then in the next place I have read the Petition of Right I have read Magna Charta and abundance of Lawes made in confirmation of it and I have also read the Act that abolisheth the Star-chamber which was made in the yeare 1641. which last recited Act expresly confirmes those stratures that were made in Edward the thirds time which declares all Acts Laws and Statutes that were made against Magna Charta to be null and void in Law and holden for error In the reading of which Lawes I doe not find a speciall Commission of Oyer and Terminer to be Legall and warrantable I beseech you Sir doe not mistake me for I put a vast difference betwixt an ordinary and common Commission of Oyer and Terminer for holding ordinary and common Assises and Sessions and betwixt an extraordinary and special commission of Oyer and Terminer to try an individuall person or persons for a pretended extraordinary crime the Lawes I last recited and the fundamentall or essentiall Basis of freedome therein contained knowes no such names or Commissions of speciall Oyer and Terminer And those Statutes in Edward the first and Edward the thirds time that doth erect those special and extraordinary Commssions and warrant the usage of them are meerly irrationall * And excellent to this purpose is Lieutenant Colonel Lilburnes Argument in his second Edition of his Picture of the Councel of State page 8. against the erection of extraordinary Courts which thus followeth He granting that the Parliament hath power to erect a Court of Justice to administer the Law provided that the Judges confist of Persons that are not Members of Parliament And provided the power they give them be universall that is to say to administer the Law to all the people of England indefinitely who are all equally borne free alike and not to two or three particular Persons solely the last of which for them to do is unjust and altogether out of their power c. which Argument or Reason is most notably illustrated and inlarged in the second Edition of the legall fundamentall Liberties of England revived of the 8. of June 1649. page 72. innovations upon our indubitable Rights contained in Magna Charta and meere Court and Prerogative devices to destroy the best of men by extraordinary Court appointed and prejudge proceedings that should manfully stand in the way of the Prince or any of his great favourites for sure I am from the Petition of Right no ground or foundation for any extraordinary or special Commission of Oyer and Terminer upon any pretended speciall or great occasion cannot be founded but rather the absolute quite contrary as to me clearly appeares by the very plain letter of that most excellent Law and therefore such a speciall Commission upon any pretended speciall occasion being expresly against our undubitable Rights contained in Magna Charta And the Petition of Right viz. that no Englishman shall be subjected to any other Tryall but the ordinary universall and common Tryalls at ordinary Assi●es Sessions or Goale-deliveries and not in the least to be tryed by extraordinary and speciall prejudged packed over-awing Commissions of Oyer and Terminer and therefore all such extraordinary and dangerous Tryalls are absolutely abolished by the late excellent ●cts that confirmes the Petition of Right and all and every of the Clauses therein contained and abolisheth the Star-Chamber both made Anno. 1641. And Sir with your favour the then Parliament that made the lastre cited Lawes were so farre from countenancing any special Commissions of Oyer and Terminer upon any special or pretended great occasions whatsoever that I can read of That I rather find and read the Parliaments proceedings in the year 1641. An extream Out-cry of the House of Commons against special Commissions of Oyer and Terminer with a great deal of bitterness and vehemency as may fully and clearly be read in that excellent Argument of Mr. Hide April 1641. Printed and published in a Booke called Speeches and Passages of Parliament page 409. to 417. which I have here at the Barre to produce which Mr. Hide was then the special and appointed mouth of the House of Commons before the Lords who unto them in conformity to his Commission from the then House of Commons complaines to the house of Lords extreamly of a special Commission of Oyer and Terminer that was exercised in the five Northern Counties of England and earnestly in the name of the house of Commons craves the special assistance of the house of Lords to pluck up that Court by the very rootes founded upon a special Commission of Oyer and Terminer being so illegall and unjust in the very foundation of it as

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

me that you are necessitated to take such an extraordinary course with me as a speciall Commission of Oyer and Terminer is because I will not own your Authority yea and if you so continue to deale with me as you dealt with the late King Unto which at present I answer first the Kings Case and mine is different for he refused to answer to his Charge principally out of this consideration because he had inherent in him an old received principle as appeares in his Answer to the Petition of Right Anno. 1627. and in many of his Declarations made since the beginning of the late Warres and by his Speeches at his death by vertue of which he judged himself as not lyable or capable of being judged by any power on earth but onely by God alone and as being in any sence not in the least for any action he did though in it selfe never so vile subject to the punishing part of the Law Now for my part I do not in the least refuse to be tryed out of that consideration for I acknowledg my self but a bare Englishman subject to the Lawes thereof as well in the penall as in the directive part of them unto the ordinary rule of which with all my heart I am willing to stoop and I wish my adversaries would do the same and then I believe the controversie would not long last betwixt us But seeing betwixt my adversaries and my selfe there is a difference about the legality and justnesse of power which in some late printed papers and popular discourses is made use of against me as though I had a selfe conviction in mine own Conscience of my own guilt and therefore do ayoid as much as in me lies a Tryall To take off which and to lay my selfe and my adversaries nakedly and fully open to the judgement and censure of all ingenuous and rationall men in England I do hereby under my Hand and Seale for that end it may be shewed to your house proffer you beside what I lately proffered Mr. Prideaux which is contained in the 18. and 19. pages of the substance of that discourse now in print and here inclosed that I am willing and ready if they please to chuse one of your own twelve Judges that sit in one of the three publick Courts at Westminster and all or any of my adversaries shall chuse which of the eleven remaining they please and I will freely and voluntarily oblige and bind my selfe under my Hand and Seale before Witnesses to stand to their finall and absolute determination upon the principles of Law for all differences betwixt them or any of them and me although it reach to banishment losse of estate limb or life so my adversaries will do the like Provided the hearing may be open publique and free indifferently for both parties and that the Judges give their judgment in writing under their Hands with their reasons for their so doing to every point of their judgement And provided I may for my own benefit use or advantage choose two friends freely to take as well as their pens will enable them all that passeth pro and con without danger to their persons liberties or estates or without hazard of having their papers by force or Authority taken from them and this I think is as faire as any rationall man under Heaven can desire and which I cannot believe you can judge to the contrary especially considering it is so consonant to that righteous rule of the Sonne of God Jesus Christ contained in the Scripture the volume of truth viz. to do as you would be done to which is the summe of both the Law and Gospel and of all righteousness amongst men And I hope this is so fair that those that most thirst after my bloud cannot nor will not refuse it but to make it more fair if they judg it inconvenient to fix upon two of your own Judges who in interest are positively engaged against me I will be content they shall chuse one Schollar commonly called a Clergy-man and I will chuse another or a Citizen or a Country-man which they please and I will do the like So with my humble service presented to you craving pardon for my boldness in troubling you with whom I have had so little face to face acquaintance earnestly intreating your utmost interest speedily in acquainting your house herewith in the publikest manner you can I commit you to the Lord my God my Protector and Preserver and rest Yours desirous particularly to be engaged yours to serve you JOHN LILBURN From my captivity and bodily bondage in the Tower of London Octob. 20. 1649. The Postscript to the Reader SInce I sent the fore-going Epistle I understand that Wednesday next being the 24. of Octob. 1649. is positively resolved by my Adversaries to be the day of my tryall and therefore I cannot chuse but publish this in Print and because a late Pamphlet-scribler and pretended Vindicator of Sir Arthur Haslerig said to be Mr. Thomas May the Councel of States Pensioner renders me in his late false and lying book to be an Atheist a denyer of God and the Scripture and given up to all licentiousness and an absolute Confederate with Prince Charles to set up his absolute Will and Prerogative in this Nation And therefore not knowing whether my life will be mine so long till I am able to publish a vindication at large against his base calumniations I shall desire you to take this at present and if I dye before more come let the constant Series of my Actions and Writings be my future Testators That if to believe constantly all that is contained in the Law and the Gospel and to have confident hope of the resurrection of the dead and the life to come and particularly of my own and to live conscienciously in all good conscience as in the sight of that God that searcheth and knoweth the hearts of all the Sons of Men both before God and Men be sufficient cause to be judged an Atheist then I am one and if to oppose with all my might and strength all interests whatsoever that would set up a single man or more to rule and govern by Will and Pleasure without bounds limits check or controul be sufficient cause to be judged a Cavalier and for Prince Charles then must I ingeniously coufess I am such a Cavalier and I hope so to dye for which I bless God I am ready and fitted let it be by what butcherly hands it will JOHN LILBURN The second thing in order is his brothes and his wifes 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 and Eliz. Lilburn in the behalf of Lieu. Col. John Lilburn prisoner in the Tower of LONDON Sheweth THat although Lieut. Col. John Lilburn your Petitioners brother and husband by his late actings hath incur'd the displeasure of

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