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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	king_n	law_n	tyranny_n	2,707	5	9.6492	5	false

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

under favour I crave but one word more heare mee out I know very well and I read in your own law books such a prerogative as that in cases of Treason no Counsell shall plead against the King hath been sometime challenged to be the Kings Right by Law but let me tell you it was an usurpt prerogative of the late King with all other arbitrary Prerogatives and unjust usurpations upon the peoples rights and freedoms which has been pretended to be taken away with him And Sir can it be just to allow me Counsell to help me to plead for my estate the lesser and to deny me the help of Counsell to enable me to plead for my life the greater Nay Sir can it be j●st in you Judges to take up 7 years time in ending some suits of law for a little Money or Land and deny me a few dayes to consider what to plead for my life Sir all these pretences of yours were but all the prerogatives of the Kings will to destroy the poore ignorant and harmlesse people by which undoubtedly died with him or else only the name or title is gone with him but not the power or hurtfull tyrannie or prerogative in the least Therefore seeing all such pretended and hurtfull prerogatives are pretended to be taken away with the King by those that took away his life I earnestly desire I may be assigned Counsell to consult with knowing now especially no pretence why I should be denied that benefit and priviledge of the law of just and equitable law of England having put my selfe upon a Triall according to the priviledges thereof And it was declared to me at Oxford upon the Triall of my life there after I was taken prisoner fighting against the King and his partie even almost to handi●gripes and to the sword point and to the but● end of our Musquets being in person one of that little number that for many hours together at B●●inford fought with the Kings whole Armie wher 's in the manner without any Articles or composition I was taken a prisoner and immediatly thereupon arraigned at Oxford where notwithstanding all this it was declared to me by Judg Heath to be my right by the law of England to have Counsel assigned me to help me in point of law I had it granted I confesse he is my best Authority that I have and I am sure he was a Judg of the law or else I had never pleaded to him he was upon hisoath to doe justice and right and he was an able and understanding Lawyer and yet did allow me an hostile enemie counsell to help me army right by law before ever any proofe to matter of fact was produced and I beg but the same legall priviledg from you from whom I have more cause to expect it● Lord Keble Were you there indicted for Treason L. Col. Lilb Yes that I was for the highest of Treasons by the letter of the law for actuall levying war against the King Judg Thorp And yet for all that you know it was no Treason so did he too for you know that you had committed no Treason at all in obeying the Parliaments command for what you have done was done by the Parliaments speciall authoritie and command and you had your commission to justifie you in your hostile actions and he knew it well enough your Act was no Treason though he did offer you counsell or else he durst not allow you counsell L. Col. Lilb I had nothing to justifie me in that Act but the equitable sense of the law the letter of it being point blank against me and on the Cavalliers side by which if they had prevailed they might have hang'd both you and me for levying War against the King notwithstanding ou● Parliament Commissions and this I know Sir you know to be law in the letter or punctillioes of it Judg Thorp It was no Treason in you and he that assigned you counsell knew it was no Treason and this arraignment of you was as illegall as his assigning you counsell L. Coll. Lilb Sir by your favour he was a Judge of the law by legall Authority being made by the King in whom by law that power was invested and he looked upon himself as a legall Judg and so did I too and as a legall Judg he arraigned me for doing that act that by the expresse letter of the law was Treason and as a legall and honest Judge according to his duty in law he allowed me Councell Judg Jerman For that matter that you talke of they knew it was no Treason and therefore gave you more priviledges th●n was their right by law very well knowing that whatsoever was done to any of you that did fight for the laws religion and liberties of their Country there might be the like done to others that were prisoners in the Parliaments power and this was the truth of it and you know it very well and therefore it is nothing to us nor in law his willingnesse L. Col. Lil. Vpon my letters after the first day of my Tryall that Declaration of l●x tal o●is was made as clearly appears by the words and date of it now in print which the Reader may peruse in the 1. part of the Parliaments Declarations p. 802 803. Judg Thorp I wonder they did not proceed in the prosecution of the Indictment and find you guilty of Treason and so to execution L. C. Lil. Vnder-your favour thus I appeared at the Bar I pleaded to my indictment not guilty I made exceptions against my indictment and my selfe and the other 2 Gentlemen arraigned with me had Counsell assigned us as our right by law And the Judges most fairly rationally further told us Because we will not surprize you wee will give you a weeks time to consider with what Counsel you please in Oxford to choose to come unto you what to plead for your lives whatsoever other priviledges you can claim by the liberties of the law of England you shall enjoy them to the utmost Vpon which premise I spoke in open Court to the Judg shewing him the irons upon my hands in which I was arraigned and told him My Lord by the lawes of England no prisoner for any crime soever that behaves himselfe civilly and peaceably in his imprisonment ought to be put in irons or to any other pain or torment before he be legally convicted and therefore I desire as my right by law that my irons may be taken off And I said further My Lord I am shut up a close prisoner in my chamber denyed the use of pen ink and paper which is contrary unto law especially in the time of my Triall Why sayes he you shall be released from your irons from your close imprisonment and have the use of pen inke and paper and Capt Lilburn I tell you you shall enjoy whatsoever other priviledge you can challenge as your right by law for the law of England is a law of

THE TRIALL Of Lieut. Collonell JOHN LILBURNE By an extraordinary or special Commission of Oyear and Terminer at the Guild-Hall of LONDON the 24 25 26. of Octob. 1649. Being as exactly pen'd and taken in short hand as it was possible to be done in such a croud and noyes and transcribed with an indifferent and even hand both in reference to the Court and the Prisoner that so matter of Fact as it was there declared might truly come to publick view In which is contained all the Judges names and the names of the Grand Inquest and the names of the honest Jury of Life and Death Vnto which is annexed A necessary and essential Appendix very well worth the Readers carefull perusal If he desire rightly to understand the whole body of the Discourse and know the worth of that ner'e enough to be prised bulwork of English Freedom to be tried by a Jury of legall and good men of the Neighbour-hood Published by THEODORUS VARAX Esther 4. vers 13. and Isa 12. v. 2 3 4. Then Mordecai commanded to answer Esther Think not with thy self that thou shalt escape in the kings house more then all the Jews Behold God is my Salvation I will trust and not be afraid for the LORD JEHOVAH is my strength and my song he also is become my salvation Therefore with joy shall ye draw water out of the wells of salvation And in that day shall you say Praise the LORD call upon his Name declare his doings among the people make mention that his Name is exalted Printed by Hen. Hils in St. Thomas's Southwark THE TRYALL Of Leiut Colonell JOHN LILBVRNE At the Guild-Hall of London the 24 of Octob. 1649. being Wednesday THe Commissioners Names of the extraordinary Commission of Oyer and Terminer for the Tryall of Lieut. Col. John Lilburne thus followeth Thomas Andrews Lord Mayor Richard Keble L Commissioner Phylip Jermyn Justice of the upper Bench. Tho. Gates Baron John Puleston Justice of the Common Pleas. Francis Thorpe Barron Member Rob. Nicolas Member Justices of the upper Bench. Richard Aske Justices of the upper Bench. Peter Warburton Justice of the Common Pleas. Alexander Rigby Barron but absent Sir Thomas Fowler Sir Henry Holcroft Sir Will. Row Sir Richard Saltonstall Sir Richard Sprignall Sir John Wooliston Sir William Roberts John Green Sergeants at Law John Clarke Sergeants at Law John Parker Sergeants at Law William Steele Recorder John Fowke Aldermen Thomas Foote Aldermen John Kendrick Aldermen Thomas Cullum Aldermen Simon Edmonds Aldermen Samuell Avery Aldermen John Dethicke Aldermen Rob. Titchburn Aldermen John Hayes Aldermen Henry Proby Common Sargeant Thomas Brigandine Nathaniell Snape Edward Rich. Owen Roe Tobias Lisle Austin Wingfield Richard Downton Daniell Taylor William Wihend Silvanus Taylor At the Guild-Hall of London the 25. of October 1649. being Thursday at the Tryall of Lieut. Col. John Lilburne O Yes made All persons that were adjourned to the Court required to make their appearance The Lieutenant of the Tower of London Col. Francis West called to bring forth his prisoner according to the precept Whereupon Col. West Lieut. of the Tower brought up the prisoner out of the Irish Chamber where he had been some time before the sitting of the Court and was guarded by the said Lieutenant and a speciall Guard of Souldiers besides And being brought to the Barre the Sheriffs of London were directed to take the prisoner into their Custody Silence Commanded Cryer John Lilbnrne hold up thy hand Lieut. Col. Lilburne Directed himself to Mr. Keble one of the Keepers of the great Seal as the President of the Court and said to this purpose Sir will it please you to hear me and if so By your favour thus All the priviledge for my part that I shall crave this day at your hands is no more but that which is properly and singly the Liberty of every Free-borne Englishman viz. The benifit of the Lawes and Liberties thereof which by my Birth-right and Inheritance is due unto me the which I have fought for as well as others have done with a single and upright heart and if I cannot have and injoy this I shall leave this Testimony behind me that I dyed for the Lawes and Liberties of this Nation and upon this score I stand and if I perish I perish And if the fact that I have done cannot be justified by the Law of England let me perish I mention none of this for the gaining of mercy or by way of merit no I scotne it for mercy I crave from none but from the hands of my God alone with whom I hope and am assured one day to rest whom I have set before my eyes and so walked as believing I am alwaies in his presence in whose power my confidence is fixed whom I take and own to be my stay my stafe my strength and support and in whom I rest as the life of my life and whom I hope to meet with joy when this fading and uncertaine life shall have an end to live with him in glory and blessednesse for evermore And therefore because I would not willingly trouble you with many words to cause you to spend your time impertinently therefore Sir in reference to the Court I shall crave but so much liberty from you as was given to Paul when he pleaded for his life before the Heathen Roman Judges which was free liberty of speech to speak for himself the which I now humbly crave as my right not onely by the Law of God and man but also by the Law light of Nature And I shall do it with that respect reason and judgement that doth become a man that knows what it is to plead for his life I hope God hath given me ability to be master of my own passion and indowed me with that reason that will dictate unto me what is for my own good and benefit I have severall times been arraigned for my life already I was once arraigned before the House of Peers for sticking close to the Liberties and Priviledges of this Nation and those that stood for them being one of those two or three men that first drew their Swords in Westminster-Hall against Col. Lunsford and some scores of his associates At that time it was supposed they intended to cut the throats of the chiefest men then sitting in the House of Commons I say for this and other things of the like nature I was arraigned by the Kings speciall Command and Order the 1. of May 1641. I mention it to this end that when I came before the House of Peers where was about three or fourescore Lords then sitting at the beginning of the Parliament who then were supposed the most arbitrary of any power in England yet I had from them free liberty of speech to speak for my life at their Barr without check or controll in the best manner all those abilities God had given me would inable me and when I was at Oxford I was again arraigned

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

let us reason together And surely if ever here were need of such a goodnesse now is the time when not onely complaints and distractions abound in all places but multitudes of cordinall friends to the Parl. are exceedingly grieved and sadned in their spirits as not seeing the Common-wealth in a condition of freedom or exemption from grievances and burthens in any measure answerable to the many promises of the Parl. to the affections of those that have assisted them or to the endeavours engagements intentions and desires of the Army Every one believing That in a very short time after the expulsion of the greater number of the Members of this honourable House as betrayers of their trust A new Representative should immediatly have been ordered according to that Moddell of an Agreement of the People tendered by the Councel of the Army or in some other way And that because that honourable Councel in their Declaration of December last Declared That they should not looke on the remaining part as a former standing power to be continued but in order unto and untill the introducing of a more full and formall Power in a just Representative to be speedily endeavoured by an Agreement of the People And we were the more confident hereof because they had formerly declared also That where the Supream Authority was fixt in the same Persons during their own pleasure it rendered that Government no better then a Tyranny and the People subject thereunto no better then Vassals That by frequent Elections men come to taste of subjection as well as Ru●e and are thereby oblieged for their own sakes to be tender of the good of the People so that considering those expressions and those extraordinary things done declaredly for a speedy new Elected Parliament how it should come not onely to be wholly deferred but to be matter of blame for us or any of our friends earnestly to desire what is so evidently just and necessary in it selfe and so essential to the liberties of the Nation perplexeth us above measure and we intreat some satisfaction therein And truly when you had voted the People under God to be the originall of all just Power and the chosen Representatives of the People the Supream Authority we conceived that you did it to convey those Righteous Principles which we and our friends long laboured for to the next full and formal Representative and not that you intended te have exercised the supream Law-making Power Much lesse that such ensnaring Lawes should ever have issued from a house of Commons so often and so exceedingly purged intentionally by the Army for the freedom of the Common-wealth as is your Act against Treason wherein contrary to the course of former Parliaments and to Magna Charta so many things are made Treason that it is almost impossible for any to discourse with any affection for performance of promises and Engagements or for the liberties of the Nation but he is in danger of his life if Judges and Juries should take it for good Law which God forbid Also your Act for continuance and receipt of Excise which every one hoped upon the prevailing of the Army would have had a finall end to Trade more oppressive then all the Pattents Projects and Shipmoney put together Also your Act for continuance and strict receipt of Customs was exceeding crosse to expectation that and the other for Excise being esteemed most destructive to all kind of Commerce Shipping and Navigation and are so chargeable in the Receipt as that if what is disbursed to Offices and Collectors were raysed in an ordinary way of Subsidies it would go very farre towards the publique charge which it was hoped you would have seriously laid to heart and have prepared a way to have eased the Nation of both and to have raised all publique moneys by way of Subsidies It was hoped also That you would have done something towards easing the People of the long complained burthen of Tythes rather then to have enforced the same upon treble dammages It was also expected upon the prevailing of the Army and the reducement of this honourable House That the Printing-Presses should have been fully opened and set at free liberty for the clear Information of the People the stopping of them having been complained of as a great oppression in the Bishops times and in the time of the late unpurged Parl. rather then such an Act against all unlicensed Printing Writing or Publishing as for strictnesse and severity was never before seene in England and is extreamly dissatisfactory to most People And truly when you had declared so highly resolvedly for the maintenance of the Law of the Land as to the defence of every mans Liberty and Property according to that excellent Law of the Petition of Right you may soone conceive what heart-breaking torment of spirit was occasioned by your seizing in an hostile manner such constant cordial Promoters of those excellent Maximes forementioned by the commitment of them in an extrajudicial manner to an Arbitrary Prison where they have been long time Prisoners and most of that time close prisoners their Chambers and Pockets search'd more then once to find matter against them things altogether unparliamentary yea denied a legal Tryal no legal Crime being laid to their Charge nor Accuser or Witnesse ever seene by them face to face as Law requires and this to the Ruine of themselves and Families as to temporall subsistance We professe we are not able to express the grief and amazement that seized on us thereupon and which is daily renewed upon us in that now after extream provocations you seeme Resolved to take away the life of our dear friend Mr. Lilburn and others not by any ordinary way of Trial at the usuall Assizes but by a speciall Commission of Oyer and Terminer the Judges being composed of such as whose interest he hath long opposed a way much complained of in the corrupt times before this Parliament and which we hoped we should have heard no more of in this Nation And although this is too too lamentable yet would this were all but if we understand the Petition of Right truly the putting of Souldiers to death or to other reproachful and painful punishments by Martial-Law in time of Peace is not agreeable thereunto and if we are deceived therein the express words of that Law have deceived us But that such as have ventured their lives for you and thought nothing too deere to be spent in defence of a just Parliamentary-Authority should yet be imprisoned as some such there are in remote Castles and used more barbarously then Mr. Burton Mr. Prinne and Dr. Bastwick in the Bishops time and how soone intended to be proceeded against by special Commission of Oyer and Terminer we cannot but feare This makes our very hearts to bleed and our Bowels to earne within us insomuch as if no Reason Conscience feare of God or sence of Religion will put a speedy stop to these