THE TRIAL, Of Lieut. Colonel 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 penned and taken in short hand, as it was possible to be done in such a crowd and 'noys, 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 public 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.  
Unto which is annexed A necessary and essential Appendix, very well worth the Readers, careful perusal; If he desire rightly to understand the whole body of the Discourse, and know the worth of that never enough to be prised, bulwark of English Freedom, to be tried by a Jury of legal and good men, of the Neighbourhood.  
Published by THEODORUS VARAX.  Esther 4. vers. 13. and Isa. 12. v. 2, 3, 4. 
Then Mordecai commanded to answer Esther, Think not with thyself that thou shalt escape in the king's house, more than 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 do among the people, make mention that his Name is exalted.  
Printed by Hen. Hils in St. Thomas' Southwark.   

THE TRIAL Of Leiut. Colonel JOHN LILBURNE.  
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 Trial 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 Ask, 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 Springal.  
Sir John Wooliston.  
Sir William Roberts.  
John Green. Sergeants at Law.  
John Clarke. Sergeants at Law.  
John Parker. Sergeants at Law.  
William Steel, Recorder.  
John Fowke, Aldermen.  
Thomas Foot, Aldermen.  
John Kendrick, Aldermen.  
Thomas Cullum, Aldermen.  
Simon edmond's, Aldermen.  
Samuel Avery Aldermen.  
John Dethicke, Aldermen.  
Rob. Titchburn, Aldermen.  
John Hayes, Aldermen.  
Henry Proby, Common Sargeant.  
Thomas Brigandine.  
Nathaniel Snape,  
Edward Rich.  
Owen Roe.  
Tobias Lisle.  
Austin Wingfield.  
Richard Downton.  
Daniel Taylor.  
William Wihend.  
Silvanus Taylor.   

At the Guild-Hall of London the 25. of October 1649. being Thursday, at the Trial 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 special Guard of Soldiers besides. And being brought to the Bar, 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 Precedent 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 privilege 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 Freeborn Englishman; viz. The benefit of the Laws and Liberties thereof, which by my Birthright 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 enjoy this, I shall leave this Testimony behind me, that I died for the Laws 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 always 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 uncertain life shall have an end, to live with him in glory and blessedness 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 only 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 endowed me with that reason, that will dictate unto me what is for my own good and benefit.  
I have several times been arraigned for my life already. I was once arraigned before the House of Peers for (sticking close to the Liberties, and Privileges 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 King's special 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 fourscore 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 Bar, without check or control in the best manner, all those abilities God had given me would enable me; and when I was at Oxford, I was again arraigned as a Traitor before the Lord Chief Justice Heath, for levying War at the Command of the then Parliament against the person of the King; and when I came before him in the Guild-Hall of Oxford, he told me (there being present with him (as his fellow Judge) Mr Gardiner (sometimes Recorder of the City of London) now Sir Thomas Gardiner, and others that sat by a special Commission of Oyer and Terminer from the King; the which Commission I did not so well then understand, as I hope I do now. And my Lord Chief Justice Heath stood up, & in the face of all the Court, & in the face of all the Country present there told me, Capt. Lilburne you are brought here before us for High Treason, for levying War in Oxfordshire against your Sovereign Lord and King; and though you be now in a Garrison, and were taken in Arms in open hostility against the King (yea Sir, and I must now tell you in such hostility, that we were but about 700. men at Branford that withstood the King's whole Army in the field, about five hours together, and fought it out to the very Swords point, and to the Butt end of the Musket; and thereby hindered the King from his then possessing the Parliaments Train of Artillery, and by consequence the City of London, in which very act I was taken a prisoner, without Articles or capitulation, and was by the King and his party then looked upon, as one of the activest men against them in the whole company) yet said Judge Heath, we will not take advantage of that, to try you by the rules of arbitrary Marshal Law, or any other arbitrary ways; but we will try you by the rules of the good old Laws of England; and whatsoever Privilege in your Trial the Laws of England will afford you, claim it as your Birthright and Inheritance, and you shall enjoy it, with as much freedom and willingness, as if you were in Westminster-Hall, to be tried 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 murdered 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, Capt. Lilburn, it is true, I am a Judge made by my Sovereign Lord the King, according to his right by 
† See the 27. of Hen. 8. chap. 24.  Law, and soin a special manner am his Servant and Councillor, 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 partiality, 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 Privileges 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 
* See the 2. part Inst. fo. 28. 30. 42, 43. 53. 315. 316. 591, & 3. part, foe. 34.  estimation; and therefore, it is the duty of a Judge by Law, to be of Council 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 trial of his life. Yea, & 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 myself with all fairness and evenness of hand towards you; And wherein that there shall seem any mistakes to appear, in circumstances or formalities, to rectify you; For it's 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 ways prevent the freedom of your 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 Council, 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 EDWAD COOK, that great Oracle of the Laws of ENGLAND, whose Books are Published by special Orders 
* Which Orders are dated May 12 1641. & june 3. 1642. you may at large read at the last end of his 2. part. Institutes.  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 practic part of the Law, especially in the Formalities, Nisities and Puntillios thereof, run myself with overmuch 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 choose 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 myself 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 Englishman in order to his trial, which is, that by the Laws of this Land, all Courts of justice always aught 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 tried in holes or corners, or in any place where the gates are shut and barred, 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 Privileges thereof, are my Inheritance and Birthright: 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 sound 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 kinds of auditors: And I did refuse (as of right) to proceed with them, till by special order they did open their Doors. For no trial in such cases, aught to be in any place, unless it be public, open and free; and therefore if you please that I may enjoy that Legal Right and Privilege 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 privilege 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 trial. But if I be denied this undoubted privilege, 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 fear 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 faithful 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 only engaged to be a true prisoner in the Tower to him, but I have also solemnly engaged 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 uproar shall arise in the crowd, of which I lose him, and he me; or in case I should be any ways by force & power rescued from him, I have also faithfully engaged 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 entreated him to acquaint you with, that all jealousies and disputes might be avoided.  judge Keble. 
Mr. Lilburn, look behind you and see whether the Door 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 Laws made in confirmation of it; and I have also read the Act that abolisheth the Star-chamber, which was made in the year 1641. which last recited Act expressly confirms 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 Laws I do not find a special Commission of Oyer and Terminer, to be Legal and warrantable. I beseech you Sir, do not mistake me; for I put a vast difference betwixt an ordinary and common Commission of Oyer and Terminer, for holding ordinary and common Assizes and Sessions, and betwixt an extraordinary and special commission of Oyer and Terminer to try an individual person or persons, for a pretended extraordinary crime; the Laws I last recited; and the fundamental or essential Basis of freedom therein contained, knows no such names or Commissions of special 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 merely irrational 
* And excellent to this purpose is Lieutenant Colonel Lilburnes Argument, in his second Edition of his Picture of the Council 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 Judge's confist of Persons that are not Members of Parliament; And provided, the power they give them be universal, 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, etc. which Argument or Reason is most notably illustrated and enlarged in the second Edition of the legal fundamental Liberties of England, revived of the 8. of June, 1649. page 72.  innovations upon our indubitable Rights contained in Magna Charta, and mere Court and Prerogative devices to destroy the best of men, by extraordinary Court appointed and prejudge proceed 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, special, or great occasion cannot be founded; but rather the absolute quite contrary, as to me clearly appears by the very plain letter of that most excellent Law, and therefore such a special Commission upon any pretended special occasion, being expressly against our undubitable Rights contained in Magna Charta, And the Petition of Right,, viz. that no Englishman shall be subjected to any other Trial, but the ordinary universal and common Trials at ordinary Assizes, Sessions, or Goale-deliveries, and not in the least to be tried by extraordinary and special prejudged, packed, over-awing Commissions of Oyer and Terminer: and therefore all such extraordinary and dangerous Trials are absolutely abolished, by the late excellent acts that confirms 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 Laws, were so fare 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 proceed in the year 1641. An extreme Outcry 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. Hid, April 1641. Printed and published in a Book, called Speeches and Passages of Parliament, page 409. to 417. which I have here at the Bar to produce which Mr. Hid, 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, complains to the house of Lords extremely 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 roots, founded upon a special Commission of Oyer and Terminer, being so illegal and unjust in the very foundation of it, as it is inconsistent with the people's liberties, and as that which destroyed and disinherited all the people that were tried, both of their Birthright and Inheritance, viz. Their Liberties and Freedoms contained in Magna Charta; And this Sir, was the declared and avowed judgement and opinion of the house of Commons in April 1641. in their primitive purity and none-defilement, when they acted bravely and gallantly for the universal Liberties and Freedom of this Nation (and not self-interest) when they were in the Virginity of their Glory and Splendour, as he there fully and most excellently declares, and yet he there gives an extraordinary reason for the original erection of that Court founded upon a special Commission of Oyer and Terminer, as can be rendered.  
The original reason or occasion of which he there declares to be thus, that by reason of the suppression of the Abbeys in the 27. of Henry the eights time; In the North of England (through discontent thereat) there did arise from the said 27. year to the 30. no fewer than six grand insurrections, most of them under the Command of some eminent man of those Countries, which Insurrections & Rebellions occasioned the levying of great Armies which had like to have set the whole Kingdom in an universal flame; for the suppressing and preventing of which in future times King Henry the 8. caused a special Court to be erected, by a special Commission of Oyer and Terminer, which Court also continued in Edward the sixth time, Queen Maries, and first and seventh of K. James; The Basis of which Commission, was founded upon those  innovating Statutes, made in Edward the second, and Edward the third's time 
* Which were Westminster, the second being the 13. of Ed. 1. c. 29. & 2. Ed. 3. c. 2. & 34. Ed. 3. c. 1. ; which special Commission of Oyer and Terminer was several times renewed by the late K. Charles, as in the fift, eighth, and thirteenth year of his Reign. And the said M. Hid there in his Argument or Speech which I have here in print, names several of the Precedents of that illegal Court of special Commission of Oyer and Terminer; and he there also declares in what an extraordinary manner, and upon what an extraordinary occasion it was granted, which was so great, as that a greater could not be imagined, and yet notwithstanding he declares, that this extraordinary Commission, which being granted to suppress and quiet those many extraordinary Insurrections and Rebellions, which do not admit of so long delay as times of ordinary Trial, in times of Peace, when the Ordinary, Legal, and common Courts of Justice are open and free will do, when peace and quiet is in the Nation, as now it is; and yet for all that he condemns it for illegal.  
And therefore Sir, admit my actions in their tendancy to be as dangerous and heinous as any of my adversaries can imagine or declare them to be, yet they are but in the ashes, but in the hearth, they are not broke out into visible and violent hostile actions; and therefore I say, if special Commissions of Oyer and Terminer granted in such special and transcendent cases as those in Henry the 8. time were illegal, much more must a special Commission of Oyer and Terminer granted to try me barely for words, or at most, for pretended Writings or Books, at such a time when there is no burning flame of Insurrections or Rebellions in the Kingdom, but all in visible peace, and all the ordinary Courts of Justice open, and I and my Friends have often sought to enjoy the benefit of the Law in a Legal Trial, from first to last, but could never enjoy it in the least measure, although many Sizes and Sessions have passed over my head since my first Commitment, now seven months ago, at the first of which, in the County where my pretended crime was committed, I ought by Law and Justice either to be tried or acquitted; so that Sir, by what I have already said, you may see the judgement and opinion of the House of Commons upon special Commissions of Oyer and Terminer in their first purity, when as a full House, there being constantly 400 or 500 of them sitting in the House as the deputed and chosen trusties of the People of England, whose opinion was to damn them, and pluck them up by the roots, as unjust and illegal in their original Institution, which they have accordingly done, and declared to the whole Nation in the Act that abolished the Star-chamber; where that Court spoken against by M. Hid, is totally dammed and pulled up by the roots: So that now in Law I cannot see how special Commissions of Oyer and Terminer can be legal at this present, admit the Power never so just from whom it comes, but abundantly much more seeing there is no actual Wars, nor popular Insurrections; which if lately there had been any, and yet were overcome, 
Of which judgement Sir Edw. Cook is positively, in part 2. Instit. f. 48. and part 3. f. 52. in Th. Earl of Lancaster's case, which is singular well worth the reading. See also part 1. Instit. f. 13. a.  there is no pretence of ground by the good old Laws of England, for any extraordinary proceed against any man, although he had been in Arms against you, but he ought to have the benefit of the ordinary accustomed and common trials at the Common Law, as clearly appears by the express words of the Petition of Right. * But I was never in any hostile manner against those that are the present Governors of the Nation, but have been under their command in several battles in the Nation, and have hazarded my life for them, and never yet in the least changed my original or first Principles, nor never was engaged in the least in any hostility against them, but have always, since I five years ago gave over my command, lived in peace and quietness in mine own house and abode, and was the same day at the House of Commons door, that their Votes passed against me, declaring me in general (which in Law signifies nothing) to be a Traitor; and spoke with a Gentleman that is now a Judge amongst yourselves (viz. M. Rigby) at the House door, who in some great Ones names proffered me large matters if I would do as I should be directed by them; after this I went home to mine own house in Southwark, where I stayed in peace and quietness, well enough knowing the Votes that that day passed against me, without either particular accusation, or accuser, or any such thing; where I stayed, when as I might easily have escaped the hands of mine enemies, and been gone; but having the sweet peace of a good Conscience within me, which did assure me that I had done nothing that was against the Welfare of the Nation of England in general, nor against the welfare of any one particular man in England, but really wished it well, and all its wellwishers.  
I say that notwithstanding my certain knowledge of all that at the House had passed against me, and although I also knew that the further design against me, which was, that the Council of State (as they are called) would take me away thereupon with armed force the next morning; yet notwithstanding all this, I stirred not out of my House, but remained there till about five a clock the next morning, at which time 200 or 300. armed Horse and Foot (without so much as one Civil or Magisterial Officer with them) came by force of Arms, and haled me out of bed from my Wife and Children, not according to the Law of England, as is expressly provided in two several Statutes, viz. the 1. of Edw. 6. Chap. 12. and the 5. & 6. of Ed. 6. Ch. 11. by which rules of the Law, and no other, they ought to have proceeded against me from first to last; and I am sure they both expressly provide, that if any man be accused of Treason, that he shall be accused first to one of the King's Council, or to one of the King's Justices of Assize, or else to one of the King's Justices of the Peace, being of the Quorum, or to two Justices of the Peace within the Shire where the same offence or offences shall happen to be done or committed. 
* See also to this purpose part 3. of Cooks Instit. Ch. High Treason, f. 26. 27, 28. and part 1. Parl. Declar. in the case of the L. Kimbolton, and the 5. members, p. 38, 39, 76, 77   
But contrary to these and other wholesome and good Laws (although there hath been an eight year's War in England (pretendedly) for the preservation of the Laws and Liberties of England, yet I say, contrary to the express Tenor of these Laws, as also of the Petition of Right, yea and also of the express Letter of that excellent Law that abolished the Star-chamber this Parliament) was I by force of Arms (that never fortified my House against the present Power, nor never disputed any of their Summons, though sent by the meanest man that ever appertained to them, and who if they had sent their Warrant for me by a child, I would have gone to them) I was fetched out of my bed in terror and affrightment, and to the subversion of the Laws and Liberties of England, and led through London streets with hundreds of armed men (like an algiers captive) to their mainguard at Paul's, where a mighty guard stayed for the further conducting me by force of Arms to Whitehall: Now Sir, if I had committed Treason, I ought not to have been apprehended and proceeded against by armed mercenary Soldiers, but by Civil and Magisterial Officers, and no other; according to those excellent privileges that the Parliament themselves in the year 1641. in their own book of Declarations, p. 36, 37, 76, 77. did claim for those six Members, viz. the Lord Kimbolton, M. Pym, M. Hollis, M. Stroud, Sir Arthur Hasleridge, and M. Hamden; I say and aver, I ought to have had the process of the Law of England, due Process of Law according to the  Statutes and Precedents, for I never forceably resisted or contended with the Parliament, and therefore aught to have had my Warrant served upon me by a Constable, or the like Civil Officer, and upon no pretence whatsoever, ought I to have been forced out of my bed and house by Mercenary armed Officers and Soldiers. But Sir coming to Whitehall, I was there also kept by armed men, contrary to all Law and justice, and by armed men against Law, I was by force carried before a company of Gentlemen sitting at Darby-house, that look upon themselves as Authorized by the Parliament, to be a Committee or Council of State, (who by the Law I am sure in any kind had nothing at all to do with me in cases of pretended Treasons) where I was brought before M. john Bradshaw, sometimes a Councillor for myself before the House of Lords against my unjust Star-chamber Judges; who there in my behalf Feb. 1645. did urge against the Lords of the Star-chamber as the highest Crime against the liberties of the people that could be, as being Illegal, Arbitrary, and Tyrannical, that the Lords in Star-chamber should censure me to be whipped, pillared, etc. for no other cause but for refusing to answer their Interrogatories against myself; and when I was brought before the said Council of State, I saw no accuser, no prosecutor, no accusation, nor charge, nor indictment; but all the Crime that there was laid unto my charge, was M. Bradshawe's very seriously examining me to questions against myself; although I am confident he could not forget, that himself and M. john Cook were my Councillors in Feb. 1645. at the Bar of the House of Lords, where he did most vehemently aggravate, and with detestations condemn the Lords of the Star-chambers unjust and wicked dealing with English freemen, in censuring them for their refusing to answer to questions concerning themselves, and yet notwithstanding, walked with his dealing with me in the very steps that formerly he had bitterly condemned in the Star-chamber Lords; yea and there for refusing to answer his questions, (for any thing he declared to me to the contrary) committed me to Prison for Treason in general; and you know very well, better than I do, that by your own Law, generals in Law signify nothing.  Judge Jarmen. 
M. Lilburne you very much abuse and wrong yourself, for you very well know M. Bradshaw is now denominated by another name, namely, Lord Precedent to the Council of State of England, and it would well become you in your condition so to have styled him.  Lieut: Col. Lilburne. 
And although no crime in Law (which ought to be particularly expressed) was laid unto my charge, yet when I was first imprisoned, there were thousands of my friends (well wishers to the freedoms of England, and to the common cause in which they had been engaged in for these eight years together) both old and young, both masters of families, young men and apprentices, and abundance of others of the feminine sex too, with abundance of cordial honest men in several Countries, joined in several rational and fair petitions, and delivered them to the House in the behalf of myself and my three fellow Prisoners; in which they most earnestly entreated them, that they would not prejudge us before we were heard, and knew our accusers and accusations; but rather that they would release us, and take off their prejudgeing Votes against us, which they had caused to be proclaimed in all the public places of the Nation against us, and let us have a fair and Legal Trial according to the Laws of England, and according to the undeniable Privileges of the due process of the Law from first to last, and they would put in any security that they would require of them, that we should be forthcoming at all times, to answer whatsoever in Law could be laid to our charge; unto all which petitions which were very many, they could get no manner of satisfying answer, but slights, abuses, and scorns.  
But besides this Gentlemen, that you may see that I am rational, and that you may see I have an innocent and quiet Conscience within me, that does not accuse me nor rerrifie me, therefore I must acquaint you that I again and again proffered my chiefest Adversaries, and sent often to them, being earnestly desitous to choose two Members of the House of Commons, and let them choose two more whom they pleased, and I would withal my heart freely refer all manner of difference betwixt them and me, to the final determination and judgement of four of their fellow Members; but all this would do no good, and yet they would not in the least let me understand what was the thing they desired of me, but by their Power and Will, I had my pockets and Chamber searched to find out advantages against me, and also locked up close Prisoner, with Sentinels night and day set at my door, and denied the access and sight of my Wife and Children for some certain time, and for about twenty weeks together in the heat of summer, kept close Prisoner, and denied the liberty of the Prison, and my estate with a strong hand taken away from me, without any pretence (or due process) of Law, to the value of almost three thousand pounds, that was Legally and justly invested in me, and in my possession, but being I will avoid (at this time especially) provocations as much as I can, I will name no person by whose Power and Will it hath been done, although he be notoriously known, but the Gentleman that took it away by his pleasure, without all rules of Law or justice, told my Father to this purpose, that I was a Traitor and under the Parliaments displeasure, and therefore he would secure it from me, although I were not in the least convicted of any crime, neither in Law, then, or for many months after, had I the least pretence of crime laid unto my charge: And although my own estate by force against Law was taken from me, yet was I also denied in my close imprisonment that Legal allowance that should have kept me alive; for in all this miserable condition I never yet received a penny of my Legal allowance, but was positively denied that testimony and Legal Right that the late King constantly allowed to all the Members of the Parliament that were committed in the third of his Reign, and several other times; unto whom for their diet he allowed three, four, and five pounds a week, according to their quality, although they had great and large estates peaceably in their possession: And one of them that is now beyond the Seas, a Colonel, I have forgot his name, (but it was Colonel Long) confessed in the Lieutenant of the Tower's own Chamber the last year, that the King was so bountiful to him and the rest of his fellow Prisoners, that he let them enjoy the allowance of about four or five pounds a week for diet, and that while he was Prisoner in the Tower, he spent the King about 1500l. for his own particular self in provision; but notwithstanding I was denied all this, and to fill up the height of the insufferable provocations put upon me, abundance of my own and ancient acquaintance were set upon me to callumniate, bespatter, and reproach me; yea, and to endeavour to become instruments to take away my life, some of them confessing they were underhand set on by some Parliament men; all whose base and wicked petitions, papers, and books preferred and published against me, were hugged and embraced, althongh for my own part I do not know of any man in this world that can justly tax me with any action, or maintaining any principles or tenants but what doth become a man that doth believe all that is contained in the Law and the Gospel, and does believe the Resurrection of the dead and life Erernal; nay, that does believe that I myself shall arise and go to the Lord of Glory: Yet notwithstanding all these unparaleld provocations put upon me, especially by divers of my old acquaintance, whom I had upon all occasions faithfully served, but never wronged, injured, nor provoked; being instigated (as they themselves confess in some of their own Congregations) by Parliament men so to do.  
Truly sirs, I appeal to your own judgements and to your Consciences, and to all the people that hear me this day, whether all these provocations laid upon a poor man which is but dust and ashes, as well as other men, be not too insupportable a burden, and too much for the causers of them to take advantage of the fruits produced by them, to destroy me, and take away my life.  
And therefore Sir, in the first place I shall humbly crave that favour and right, seeing I am brought before you by a piece of parchment that truly I could not read, neither could he do it that shwed it me, (I mean the Lieutenant of the Tower) for admit that if I did well understand Latin, as indeed I do not, only some ordinary words, yet was it in such an unusual strange hand that I could not read it; and therefore being I am brought before you implicitly, and not as I conceive an Englishman ought to be, who ought to see and read the Authority by virtue of which he is convened before any power: It's true, I know some of you Gentlemen that I see sit before me, yet not many of you, and truly I have nothing but a piece of un-legeable Parchment, which cannot satisfy my understanding of the Legalnesse of my convention before you, but being I am not able to dispute that Power that compulsively brought me, but here I am, and therefore in order to the declaring of myself to be a true Englishman, I most humbly crave (and that I think is consonant to reason, and I hope to Law too) that I may see and hear read, the Commission by virtue of which you sit here this day, and convene my Person before you, that so I may compare it to the Law, and consider whether or no that by my pleading before you by virtue of it, I do not betray my liberties; and rherefore I humbly crave that you would let me hear your Commission read; for this Court is no ordinary and common Assizes, Sessions, or Goal-delivery, the only proper Courts for trying me for all criminal faults, yea and those also ought to sit where the Crimes are committed; and I was imprisoned for a pretended Crime, pretended to be committed in the County of Surry; where by the common Law of England, and express Statutes, I ought to be tried therefore, and no where else.  
And therefore being brought in an extraordinary manner to such an extraordinary place as this, which is no ordinary Assizes nor Sessions, no nor yet in mine own County, therefore I again humbly desire that you will be pleased to let me see and hear your extraordinary Commission, that so I may consider whether the extent or latitude of the Commission be consonant or no to the Petition of Right, and other the good old Laws of England, for those that now sit at Westminster, exercising the Supreme Power, by two special Declarations, the one dated the ninth of February last, and the other the seventeenth of March last, have positively declared, and called God to witness, that they will maintain, preserve, and defend that excellentest of Laws, the Petition of Right, as in the seventh page of the last Declaration they call it; and that the people of England shall enjoy all the benefit therein contained, whether to Life, Liberty, or Estate, with all things incident thereunto; and therefore I humbly beg and crave that favour from you, that seeing to me you appear to be sent in an extraordinary manner, not according to the ordinary Customs of the Laws of England, that you will be pleased to let me hear your Commission read, that so I may consider of the consonancy thereof to the Petition of Right, and other the good old Laws of England; and after the reading of it, I hope I shall return you such an answer as doth become a rational and ingenious man; who though he hath right to all the Privileges of the Laws of England, and hath read all the declared and plain Laws of England, that are to me the fundamentals of all, yet the practic part of the Law, which are in other Tongues besides the English, I cannot read, know, nor understand; and in the Petition of Right, and other the good old Fundamental Laws of England, I can find no Foundation or Bottom for such an extraordinary Court as this before my eyes seems to be; and therefore I again make it my most humble suit to hear your Commission read.  Judge Kebell, 
M. Lilburn you are fully heard.  M. Prideaux Attorney Gen. 
My Lord, the Prisoner at the Bar nor none else have cause to complain that he hath wanted your patience in being fully heard. My Lord, that which at the beginning of his Arraignment you expected from him, which was to hold up his hand, he denied, and upon his denial, desired liberty of speech to speak, and he hath enjoyed it: But my Lord, how pertinent his discourse is, to what was proposed to him, the Court and all that hear him will judge; My Lord, I am not here to justify the actings of those that here he hath complained against; but they are a Court, they are a Council, and my thoughts are (and so ought his to be) honourable of them, and what they have done (my Lord) towards him in ordering this Court to try him, is but justice: My Lord, there is no special Commission of Oyer and Terminer but a general Commission, and upon that general Commission, here is a special presentment of M. Lilburn here at the Bar, the general Commission is according to the Law of the Land, and upon that special presentment it is expected he may be proceeded against according to Law. And for your Commission, my Lord, that hath been read and published to the Court, before M. Lilburn came to the Court, and the Court is satisfied with it, that it is in the ordinary way, and I hope the judgement you will give, will declare it to be according to the Law, in the ordinary way: And as for the Commission itself in the form of it, it is not a tittle varied from the ordinary accustomed form. But my Lord, the Petition of Right, Magna Charta, the Statutes, and all Declarations that have been spoken of, they are all confirmed in this, and all do confirm it, for in that ordinary tract that hath been practised in this Nation for five hundred years is M. Lilburn now to be tried, and that by the old good Laws of England, M. lilburn's Birthright and every man's else; he has his Trial, the beginning of which hath been M. lilburn's presentment, which is already found by the Grand inquest, who are men of Integrity, men of ability, men of knowledge. My Lord, he is now to come to his Trial, not in an extraordinary way, but by a Jury of good and Legal men of the Neighbourhood, by men that do know my Lord, and understand what is fact, what is Law 
* Mark that well, for Judge Jermane called it a damnable Doctrine, when Mr. Lilburn declared, the Jury were Judges of Law as well as of fact. , and to do justice indifferently between both.  
And my Lord, I do know, and publish to all that now hear me, that the Commission for Trial of M. Lilburn this day, for those differences that arebetweens the State and M. Lilburn is free in Law from all those exceptions that he is pleased to put upon it, and is unquestionably Legal, and used for these many hundred years together. And as for M. lilburn's declaring the fact for which he was Originally imprisoned, for to be committed in Surry, and therefore there in Law he ought to be Tried, and not here in London, being another County: As for M. lilburn's Crimes committed in Surry, his own Conscience best knows what they are; but M. Lilburn at most can but yet guess at what we intent to Try him here for, or lay unto his charge.  
But my Lord, if M. Lilburn will please to put himself upon his Trial, according to Law, my Lord I hope the Court, and all that hears and sees their proceed will receive full satisfaction in the legality and fairness of their proceed against him, and himself the benefit of justice and Law.  Lieut: Col. Lilburn. 
Sir, by your favour, in two words, I shall not be tedious; I now perceive who is my accuser and prosecutor, the Gentleman that is a very inequal one, for he is one of the Creators (being a Member of the House) of you that sit here this day to be my Judges, and therefore an overawing and unfit accuser or prosecutor.  Lord Keeble. 
M. Lilburn, I pray you hear me a word, for now you speak not Rationally nor discreetly, you have had a fair respect and hearing, what you speak of liberties and laws, we come here to maintain them for all, and for you too; and we also come for to vindicate our actions; and as for that you speak of in reference to the Commission, I must let you know, the Commission is warrantable by the laws of England for this five hundred years, nay and before five hundred years in substance: The second thing that you speak to, is, that you were apprehended in such an hostile manner, understanding by law you should have been taken in an ordinary way by an ordinary Officer: But M. Lilburn, in all apprehensions of Traitors, Felons, and Murderers is not the Power of the County to be raised, and the Sheriff is to call and take what Power he pleaseth.  Lieut: Col. Lilburn. 
By your favour Sir, not unless I resist, which I did not, and besides, there was no Sheriff nor no other civil Officer at my Apprehension.  Lord Keeble, 
M. Lilburn spare your , it is as they are informed of the danger of the man, they may do it before ever they see him. The next thing you are upon, is the wrong and injustice that you received by the proceed in the Star-chamber against you, you see the proceed there have been questioned, and you justified; if there be any thing else that hath been by others in the North or elsewhere acted, there is no man here that will justify them in their evil, but for a private man as you are to tell us of them here, and to come and tell us to our faces that we are Created and constituted by the Attorney General, we will not suffer it, nor further hear of it; and therefore M. Lilburn although you have spoken fair words, (and happily more than your friends expected from you) I must tell you that words are but words, and it were well that you would do as well and as Rationally as becomes a Rational man, as you have declared you will.  Lieut: Col. Lilburn, 
With your favour but one word more.  Judge Jerman. 
M. Lilburn, pray spare a word, and hear the Court, this Court sits here by lawful Authority, and that is from the Parliament, that are the Supreme Authority of England, so that our Power is not derived from those that have no Rightful Authority to constitute us, but our Power is from the Public Authority of England, which is now by an Admirable act of God's providence, lately, but truly revived, and settled by God upon them. By that Authority this Court doth now sit, and you are brought here before them that are most of us Judges of the Law, and we are sworn to do you and every man justice and right according as his cause requires; according to Law, Judgement, equity, and reason. And it was said truly, that which my brother Heath (who now is dead) did say, It's the the duty of the Judges to be of Council with the Prisoner, at the Bar before him, and to do that which they are sworn to do, and that you shall have; and accordingly you have received more favour than ever I heard, of a Prisoner that was accused of Treason in my life ever had. And as for the Commission, I must tell you, it is usual to have Commissions of Oyer and Terminer, and that even in Term time for high offences, and such as tend to the destruction of the Nation, as Overbury's did; and those that tend to Capital Treason, whereof you are now accused by a Grand-jury of London, that are Freemen of London, Citizens, able men, men of Religion, men of Estate, men of Conscience, men of quality, these are your accusers; who have found you upon their Oaths guilty of Treason, and cry out to us the Judges for justice against you; and it is they, not we that proceeds against you: And as for our Commission, it is according to the good old Laws of the Land, founded upon the Statute made in Edward the firsts time, called Westminster the second: That Statute Authorizeth Commissions, according to that Commission we sit by here this day; and Edward the first was a wise and a good Prince, and consented to the People, to let them have such Commissions as ours we sit by is, which the People had fought stoutly for, in the Barons wars in his Father's time, and also in his, for he himself was taken Prisoner at Lewes in the County of Sussex; and being a wise Prince, he knew that the love of the people was not more to be got then by wholesome and safe laws; that every man's life, and every man's estate, and every man's liberty might be preserved by, and not be subject to any Arbitrary Will or Power, but that the sober and discreet and wise Laws of the Kingdom, which our Ancestors won by their swords, might be their protectors; a special, one of which was this Statute of Westminster the second made in Edward the Firsts time; by virtue of which Statute is this Commission directed to the Justices of the one Bench and the other, and they be all here this day; but only those that of necessity must attend at Westminster, only to preserve the Term. Now you are come to answer to that Charge, which hath been the greatest opposition to the settlement of Government that can be, I mean, the settlement of the Supreme Authority of the Nation, in the Commons now assembled in Parliament, not newly erected but revived into the right place and hands, for it is the Law of England revived, that the Supreme Authority is in the 
* But by his favour never before practised nor used without both King and Lords, a precedent of which he is desired to show and produce out of any of his Law Books.  Commons assembled in the Parliament of England: For so it was in the Saxons time, and in the Romans time, and in all times 
* But there was before the Conquest neither Inns of Court, Lawyers, nor Term judges in England, but only twelve good and legal men, chosen in each Hundred, finally to decide all controversies; which lasted till William the Conqueror subdued that excellent Constitution, and instead thereof, introduced by His Will and Sword (contrary to His Solemn Oath three several times taken) the intolerable bondage of Westminster Hall, or Term Judges, and their Outlandish or Norman Law Practice in the French Tongue; as all the English Chronicles universally and truly declare.  it hath been as it is now; which will sufficiently justify our present Proceed against you; and therefore I say, for the Commission itself, it is in general for the Trial of all Treasons whatsoever: But the grand Inquest have found out no other Traitor that they may accuse, but Master John Lilburn, who is now here at the Bar; But it is not a bare accusation, but it is the solemn Verdict of almost a double jury that hath appeared upon the Roll, and upon their Oaths do conceive those crimes of Treason that are laid against you, to be of so dangerous consequence against the State and Commonwealth, that they do call for justice against you as a Traitor, already found guilty: And therefore I do require you as you are an Englishman, and a rational man, that you do conform yourself, and tell us plainly what you will do, as in reference to the putting yourself upon your Trial by the Law, and hear with Patience those Offences of Treason that are laid to your Charge.  Lieut. Col. Lilburn. 
May it please you Sir, by your favour, I shall not now trouble you with many words.  Lord Keeble. 
You go improperly to work.  Lieut. Colonel Lilburne. 
That Gentleman I do not know his Name, (pointing to Judge jarmen) you were pleased to say that I have had more Favour than ever you have heard of any before ever had in the like case: But Sir, by your Favour, I shall tell you of some that in the like case have had as much, if not more, and that was Throgmorton in Queen Mary's time, who was impeached of higher Treason than now I am, and that in the days of the commonly accounted bloodiest and cruelest Prince that this many hundreds of years hath reigned in England; and yet Sir, I am sure in this very place, and that by special Commission of Oyer and Terminer; who was accused for being one of the chiefest Confederates with Wyatt in his Kentish Rebellion; which Wyatt marched with an Army against the Queen to London, for which actual War or Rebellion, Throgmorton was in this place arraigned as a Traitor, and enjoyed as much, if not more favour than I have now enjoyed, although his then Judges and Prosecutor were bend to take away 
* Whose remarkable and excellent Defence, you may at large read in Hollingsheads Chronicle, in the life of Q. Marry, which discourse is excellently well worth the speedy Reprinting, especially seeing men are made Traitors for words; which cruelty Q. Marry abhorred, as may clearly be read in that excellent Statute of his, made in the first year of Her Reign, Chap. 1.  his life, right or wrong; and therefore Sir, by your favour, it is no extraordinary favour that you have afforded me, it is but only my right, by law, Justice, and common Equity: But Sir, I shall be short, and put my business to a plain issue, which is this.  
I have here at the Bar given in many strong Arguments against the validity and legality of a special Commission of Oyer and Terminer, and supposing that to be such an one by virtue of which you sit, and intent to try me for my life; and therefore I have humbly desired (as in reason, and I think in law I may justly do) to hear your Commission read; But you have positively denied me that, and therefore I desire all my Friends, and all the people that hear me this day, to bear witness and take notice, that you contrary to Reason and common Equity, denied me to let me hear read your Commission by Virtue of which you go about to take away my life; which I cannot choose but desire them to take notice, I declare to be very hard measure.  
But Sir, to save myself from your fore-layed shares, and desired advantage against me, I will come a little closer to the business: You demand I should hold up my hand at the Bar, and I know not what it means, neither what in law it signifies; It's true, I have read the most part of the laws that are in English, which I take to be the Foundation of all our English legal Privileges, and in them I cannot find any thing that doth clearly declare unto me the full signification or meaning of a man's holding up his hand at the Bar; Therefore if you please but to explain what the meaning and signification of holding up the hand at the Bar is, I shall seriously consider of it, and I hope return you a Rational and discreet answer; for truly in those laws which are in the English Tongue that I have read, although I find mentioned maid of holding up the hand, yet I cannnt find much of the full signification of it, only I find it to be of a large extent; and as for those laws, or rather the practic part of the law, that are in French and Latin, I cannot read them, and therefore much less understand them; in which regard, for me to hold up my hand at the Bar, before I understand the true signification of it in law, (which tells me it is in itself a ticklish thing) were for me to throw away my own life upon a puntillio or nicety, that I am ignorant of; and therefore truly I think I should be a very fool in my own ignorance to run that danger, & therefore Sir., I humbly desire the clear explination of the meaning of it in law, & after that I shall give you a fair & rational answer.  Lord Keeble. 
M. Lilburn, you shall see we will deal very Rationally with you, (and not ensnare you in the least manner) if that be all. The holding up of your hand, we will tell you what it means, and signifies in Law; the calling to the party to hold up his hand at the Bar, is no more but for the special notice that the party is the man inquired for or called on, and therefore if you be M. john Lilburn, and be the man that we charge, do but say that you are the man, and that you are there, and it shall suffice.  Lieut. Col. Lilburn. 
I am john Lilburn, son to M. Richard Lilburn of  Lord Keeble, 
M. Lilburn, what you have to say we will hear presently, only take notice, that we will take your acknowledging of your name to be sufficient, if you will say that you are the man; you are called by your name, you have come and answered to your name, in order to your answering, the Charge to be read against you; do but this and it shall suffice, without holding up your hand: therefore let us have no more discourse as to that.  Judge Jerman. 
M. Lilburn, pray spare me a word, for you have been heard with patience, you have desired to have the Right of the Law of England, and yet you do question a Fundamental thing that hath been always used in case of Criminal offences. By the Law of England, that you desire to have the meaning of it, is but just but you must know that the Law of England is the Law of God, and if there be any thing in the Law of England but what was by admirable Constitution and Reason, we would not meddle with it; but I pray know this, that the Law of England is no written Law, it is the Law that hath been maintained by our Ancestors, by the tried rules of Reason, and the prime Laws of Nature; for it does not depend upon statutes or written and declared words 
* But saith M. Hyde in his  Argument, against the Northern special Commission of Oyer and Terminer, pag. 411. Misera servitus est, ubi jus est vagum aut incognitum. That is to say, It is a miserable servitude, where the law is uncertain or unknown: And the very same saith that great Oracle of the law, Sir Edward Cook, in the Proem to the third part of his Institutes; and in the fourth part fol. 332. and in several places besides. But the people may easily see hereby, that these present Judges drives to have no other law in being in England, but what is in their own and their master's breasts, (that so by pretence of law, they may give away all the liberties and proprieties of the people of the Nation, as their brother Judges did lately to the King, in the case of Ship money) and then woe and woe to the people to be brought back again to that Faith, that ignorance is the Mother of devotion or obedience. , or lines; and this is our Laws that have been maintained by our Ancestors, and is subordinate to the law ●. Will of God; therefore I say again, the Law of England is pure, Primitive Reason, uncorrupted and unpolluted by humane humours, or humane corruptions, Wits, or Wills; that's the Law of England. There be two reasons why holding up the hand hath been used always. First for notice that those that are called for Capital and Criminal offences, that they hold up their hands, is, to declare that they are the men. My Lord hath given you this one reason already, which I say is, ●hat he be notified by holding up the ᵗ hand to all the beholders and those that be present & hear him, that he is the man; but besides this, there is more in it, that's thus; a pure innocent hand, does set forth a clear unspotted heart, that so the heart and hand put together might betoken Innocency. And therefore hold up your hand, that thereby you may declare you have a pure innocent heart; if you refuse to do this, you do wilfully deprive yourself of the benefit of one of the main proceed and customs of the Laws of England: Now for this do what you think fit.  M, Lilburn. 
Well then Sir, (applying himself to M. Keeble as the Precedent of the Court) I take your Explanation of it, and lay hold of that.  Lord Keeble. 
You must answer Positively Sir, for you have had advice enough, yea good advice if you embrace it, it is good advice to you, but the Court doth not expect an answer from you to what hath been already said to you, but they expect that without any more dispute you apply yourself to answer according to that which you are advised unto, do it if you will, and if you will but answer to it so as hath been declared to you, it shall suffice; but so fare you must go to this, as to declare whether you be the man or no before you go away; and therefore dispute it no more, lest you deprive yourself of the benefit of the Law.  Leut. Col. Lilburn. 
Well then Sir, according to your own explanation, I say my Name is John Lilburn son to M. Richard Lilburn, of the County of Durham, a Freeman of the City of London, and sometimes Lieutenant Colonel in the Parliaments Army; and if you will not believe that I am the man, my Guardian the Lieutenant of the Tower there (pointing to him) will aver that I am.  Lord Keeble. 
So than you are the man.  Judge Jarmen. 
Ask him again, harken M. Lilburn, harken what he says, and use that moderation, and temper, and discretion that you have promised.  Lieut. Col. Lilburn. 
One word more, and I shall have done, and that is by the law of England, (but being interrupted he cried out) with your favour Sir, I will come to the main thing, I hope you do not go about to Circumvent me, therefore hear me I beseech you.  Lord Keebel. 
Hear the Court M. Lilburn, there shall be nothing of Circumvention or interruption, but as you have professed to be a Rational and understanding man in words, let your deeds so declare you.  Lieut. Col. Lilburn. 
Sir, I beseech you do not surprise me with puntilios, or niceties, which are hard things for me to lose my life upon, I tell you again, my Name is John Lilburn, son to M. Richard Lilburn.  Lord Keeble. 
Talk not of puntilios with us, nor talk not of judges made by the laws, you shall not want law; but if you talk of puntilios here in this room, we will stop that language.  L. Col. Lil. 
Truly, Sir, I am upon my life, and shall my ignorance of the formalities of the law in the practice part thereof destroy me, God forbidden! therefore give me but leave to speak for my life, or else knock me on the head, and murder me where I stand, which is more righteous and just then to do it by pretence of Justice. Sir, I know that Mr. Bradshaw himself, Precedent to the high Court of Justice, as it was called, gave Duke Hamilton (a hostile enemy) leave to speak to the punctilltoes of the law; yea, and to my knowledge again and again made an engagement unto him and the rest tried with him, that the Court nor he would not by virtue of their ignorance of the meeties or formalities of the law, take advantage against them to destroy them; but did declare again and again that all advantages of formalities should be totally laid aside, and not in the least made use of against them to their prejudice, and I hope you will grant me, that have often been in Arms for you, but never against you, as much favour and privilege as was granted to Duke Hamilton, never of your party, but a General of a numerous Army against you.  Lord Keble. 
Take it as you will, we have had patience with you, and you must and shall have patience with us; we will pass over all that is by past, but take heed by your surly crossness you give not advantage in the face of the Court, to pass sentence against you, without any further proceed, or proof of your actions, but what our own eyes see. The ceremony is for your advantage more than you are ware of: but if you confess yourself to be Mr. John Lilburn, we have done as to that.  Judge Jarman. 
Mr. Lilburn, at the beginning you talked of moderation, and that you would carry yourself with rationality, which methinks in your actions you fall short of, for you have said that Mr. Attorney general was a very unequal prosecutor of you, because you say he was the creator 
* Mr. Lilburn here endeavoted to speak, & show the Judge his mistake, for he did not say that Mr. Prideaux was the creator of the commission, but that he was one of the creators of all the Judges, & thereby was judge of his Judges, & in that regard he was not compotent accuser or prosecutor, but they would not suffer him to speak but cried out, hear the Court, which thing also they frequently did afterwards.  of our Commission. Pray hear me, I heard you; and do not you think to put affronts upon us undisserved: And as for that man that you call M. Bradshaw, I tell you again he is L. Precedent of the Council of State of the Commonwealth of England, and why you should so much neglect him, doth not so much savour of rationality and moderation, as you pretend yourself to be possessed with.  Lord Keble. 
Come, will you read the Indictment?  Mr. Broughton 
reads. Hold up your hand John Lilburn, and hearken to your charge.  
Thou stand'st indicted of high Treason by the name of John Lilburn, late of London, Gentleman, for that thou as a false Traitor, not having the fear of God before thy eyes, but being stirred up and moved by the instigation of the Devil, etc. as it followeth verbatim, in the second days proceed, to which the Reader is referred.  Mr. Broughton. 
What sayest thou John Lilburn, art thou guilty of this Treason whereof thou standest indicted, or not guilty.  L. Col. Lilb. 
Gentlemen, I require the favour that I may be heard, and I shall desire nothing but that which may stand with reason and justice.  Lord Keble. 
Mr. Lilburn, We shall deal with you according to reason and justice, and after such a manner as you yourself shall judge rational and right.  L. Col. Lilburn. 
Gentlemen, I shall speak but a few words, I beseech you hear me, for it is upon my life.  Lord Keble. 
You say you will deal rationally in those ways; that is to be expected from you the first in reason, is to answer, and plead, and before you so do, you cannot be heard.  L. Col. Lilburn. 
Give me leave to speak, and I shall not speak 6 lines (whic● with much struggling being granted, Mr. Lilburn went on and said to this effect.)  
Then Sir, thus, By the laws of England I am not to answer to questions against, or concerning myself.  Lord Keble. 
You shall not be compelled.  Another Judg. 
Mr. Lilburn, is this to answer against yourself, to say you are not guilty, by the laws of the Land you are to plead to your charge, and it is no accusing of yourself to say guilty, or not guilty.  L. Coll. Lilb. 
Sir, by your favour.—  Judge Keble. 
To answer that you are not guilty, is no great matter, nor definite in law.  ☞ L. Col. Lilb. 
By the law of England I am to be tried by a Rule, but I do not know by the rules of the law, what benefit, in reference to my exception against the illegality of my Indictment, I may deprive myself of, in case I should answer before I except.  Lord Keble. 
The law is plain, that you are positively to answer, guilty or not guilty, which you please.  L. Col. Lilb. 
Sir, By the Petition of Right, I am not to answer to any Questions concerning myself; therefore I humbly entreat you to afford ●●e the privileges of the laws of England, and I will return a positive answer to it, if you will but please to allow me Counsel, that I may consult with them, for I am ignorant of the formalities of law in the practic part of it, although I here declare I own the good old laws of England, and a legal Jury of 12. men, yea, and a trial by a jury of legal men: and I do humbly crave (Sir) a copy of the Indictment, or so much of it as I may ground my plea upon it, and reasonable time to consult with my Council, although it be but 8. or 9 days.  Lord Keble. 
You speak well, but you must do well, 'tis that we come for, the rationablenesse of it is this, that you should shortly answer (Sir) to that question, and in a rational legal way: when you have answered it, you shall have liberty to make your defence, to maintain that you say; but this that we speak now of, is a thing in your own breast, in your own knowledge, whether you be guilty of this that is laid to your charge, or no: And if you be clear, you cannot wrong yourself, nor your conscience; for in saying not guilty, you know better what you say then any other doth.  L. Col. Lilb. 
Sir, I am ignorant of the formalities of the Law, having no books in English wherein I can read them: and as for other tongues I understand none, and therefore for you to take away my life for my ignorance, when the practic part of the Law, or the formalities thereof is locked up in strange language, that it is impossible for me to read or understand, is extreme hard.  
It is true, in those English plain laws which I have read, I find something spoken of it; but must aver that I find there is a great deal of nicety and danger in locking a man up to single formalities, in answering guilty, or not guilty, and therefore I beseech to assign me Council, to inform my ignorance, and give me but leave to consult with my Council, and I will return you an answer according to your desire, without any demur, as soon as it is possible for me to know what grounds I go upon.  Mr. Broughton. 
John Lilburn, what sayest thou, art thou guilty of the Treason laid unto thy charge, or art thou not guilty.  L. Col. Lilb. 
But under favour thus, for you to come to ensnare and entrap me with unknown niceties and formalities, that are locked up in the French and Latin tongue, and cannot be read in English books, they being not expressed in any law of the Kingdom, published in our own English tongue: it is not fair play according to the law of England, plainly in English expressed in the Petition of Right, and other the good old statute-Lawes of the Land: Therefore I again humbly desire to have Council assigned to me to consult with what these formalities in law signify, so that I may not throw away my life ignorantly upon forms.  Lord Keble. 
Mr. Lilburn, we cannot grant you that favour, it is not consistent to the law, whatsoever you say to the contrary?  L. Col. Lilb. 
I hope you will not go about to ensnare me, and take away my life for punctilioes.  Another Judg. 
Well then, you will not plead?  L. Col. Lilb. 
Yes, if I may be allowed that which I conceive to be my birth right and privilege, to consult with counsel, or that you please to make the sameengagement to me that Mr. Bradshaw, as the Precedent of the high Court of justice made to Duke Hamilton, which was, that the Court would take no advantage at all at his ignorance in the niceties and formalities of the law in his pleading; let me but enjoy this engagement from you, and I will plead.  Lord Keble. 
You shall have that which is according to the law, therefore Mr. Lilburn I advise you for to plad, and you shall have fair play, and no advantage taken against you by your ignorance of the formality of the law?  L. Col. Lilb. 
Well then, Sir, upon that engagement, and because, I see you are so positive in the thing— This is my answer, that I am not guilty of any of the Treasons in manner and form, as they are there laid down in that indictment, pointing to it, and therefore now Sir, having pleaded, I crave the liberty of England, that you will assign me counsel.  Mr. Broughton. 
By whom will't thou be tried?  L. Col. Lilb. 
By the known laws of England, and a legal jury of my equals, constituted according to law.  Mr. Brought. 
By whom will't thou be tried?  L. Col. Lilb. 
By the known laws of England, I mean by the liberties and privileges of the laws of England, and a jury of my equals legally chosen: and now Sir, I again desire Counsel to be assigned me to consult with, in point of law, that so I may not destroy myself through my ignorance; this is but the same privilege that was granted at Oxford unto me and the rest of my fellow prisoners arraigned with me.  One of the Clerks. 
You must say by God and your country, that's the form of the law?  L. Col. Lilb. 
Why must I say so?  Another Judg. 
This is the form and law of the Land, will you plead Mr. Lilburn, according to the laws of England?  L. C. Lilb. 
Truly I ●●ver read it Sir, in the laws of England, what it is to plead in this nature.  Lord Keble. 
You say you will be tried by the laws of the Land, than it is by the Country, and so you may plead and do yourself no harm; for by the Country is meant a Jury of your equals?  L. Col. Lilb. 
Sir, I am doubtful of my ignorance in the Laws, yet I will return you an answer, you making good your already engaged promises, that you will take no advantage against me, if through my ignorance, and your importunity, I plead in any form, that in strictness of acceptation may deprive me of any real benefit the law will afford me.  Judge Thorp. 
Mr. Lilburn, you will be tried by the law, and by the rules thereof, when you say so, you do really declare it to be by your country, so that the true signification of being tried by the law, is the same thing in substance with being tried by the rules of the law.  L. Col. Lilb. 
Then I hope my answer is clear and fair, Sir.  Judge Jermin. 
The formality is shortly this, to be tried by God and your country, no more is meant by it but thus, by God, as God is every where present, yea, in all Courts of Justice, and sits and knows all things that are acted, said, and done; the other part of it by your country, that is, by your country or neighbourhood; the Country is called Patria, because your neighbour and your equals which you are willing to put yourself upon the trial of; by force of that word, the Country, a Jury of the neighbourhood for trial of you are summoned, now do what you will.  L. Col. Lilb. 
Sir, under your favour thus, then in the negative, I say God is not locally or corporally here present to try me, or pass upon me; but affirmative I return this answer, that I desire to be tried in the presence of that God, that by his omnipotent power is present every where, and beholds all the actions that are done upon the earth, and sees and knows whether any of your hearts be possessed with a premeditated malice against me, and whether any of you come with so much forethought of malice against me, as that in your hearts you intent to do the utmost you can, right or wrong to destroy me, and before this all-seeing God I desire to be tried, and by my Country, that is to say, by a jury of my equals, according to the good old laws of the Land.  Justice Thorp. 
You have spoken very well.  Lord Keble. 
You have done like an Englishman so far as you have gone, and I do assure that in any formalities (as you express, orcall them) there shall be no advantage againsty ou, if you mistake in them. Now what you have the next to think upon, is your Jury of your countrymen, or neighbours of your equals, and I promise you we will take ●are of that, that they shall be good and lawful men of England?  L. Col. Lilb. 
I thank you Sir, but under your favour thus, your indictment is extreme long, and of abundance of particulars, it is impossible that my memory, or of any one man's in England, can contain it, or carry it in our heads, and therefore that I may make my defence so as becomes a rational English man: I earnestly entreat you that now you will be pleased to give me a copy of my indictment, or so much of it, as you expect a plea from me upon, or an answer unto, and Counsel assigned me, and time to deba●e with my Counsel, and sub-poena's for witnesses.  Lord Keble. 
For council you need none, Mr. Lilburn, for that not guilty which you have pleaded, is that which lies in your own breast, which rests in your own counsel, and you know how it is, and can best plead that yourself, Council lies in matter of law, not of fact.  L. Col. Lilb. 
Under favour I desire Council, for matter of law, and not for matter of fact: My indictment I believe in law, is all matter of law, and I have something to say to it in law.  Lord Keble. 
If matter of law do arise upon the proof of the fact, you shall know it, and then shall have Council assigned to you.  L. Col. Lilb. 
I myself have before this been upon some trials, and never before this was denied Council, no nor so much as ever disputed whether I should have it or no. I also was at a great part of the Earl of strafford's trial, who was supposed a most notorious Traitor, and yet if my observation and memory do not exceedingly fail me, he had Council assigned him at his first desire, and they were continually with him, not only at the Bar when he was there, but also had continual and free access to him in prison.  
Besides Sir, I being accused of Treason in such an extraordinary manner, and being but an ordinary man myself; no eminent experienced Lawyer, dare well meddle with my business, no nor so much as bestow a visit upon me; but he runs a hazard of being undone: and truly my estate is in an extraordinary manner taken from me, so that I have not money to send messengers up and down privately to their chambers, and therefore that I may be freely and allowedly able, without danger of ruin to any man that shall advise me, I shall humbly crave as my right by law, and I am sure by common equity and justice, that I may have Council and Solicitors also assigned me.  Lord Keble. 
Mr. Lilburn, speak rationally for yourself, when there comes a matter of law, that you are able to say, this is for matter of law, arising from matter of fact, that hath been proved or endeavoured to be proved, when you come beyond that, you shall have it as willingly as you can desire, and withal, this that you say concerning your Memory, which you say is not able to carry away, or contain the particulars of this Indictment. The Indictment so much as will charge your memory will be very short, for it is the publishing of those books charged upon you in the Indictment, that will be the matter which will stick, and that matter will be very short, which we must prove against you, which is only matter of fact, and not of Law, And therefore for fact of Treason you can be allowed no Counsel, but must plead it yourself.  L. Col. Lilb. 
Sir, under favour, you expect from me impossibilities, for seeing I have been seven months in prison for nothing, and could not in the least know perfectly what would be laid to my charge, nor after what manner I should be proceeded against (considering all proceed against me hithertoward) have been so absolutely arbitrary, that it was impossible for me in Law exactly to come provided) and therefore seeing I am now here, and you pretend to proceed with me according to the due course of Law, and seeing the form of the proceed in this manner with me is not expressly and exactly declared in print in English, which tongue only I can read and understand, and seeing by the Law which is in English, which I have read, and clearly understand, that there are a great many snares, and a great many niceties in the practic, that are formal proceed of the Law, and seeing I know not certainly, whether if I proceed to matter of proof, before in Law I make my exceptions against your Indictment, as to matter, time, and place, I be not in Law deprived of that benefit, which I principally aim at for the preservation of my life, therefore I beseech and most earnestly entreat you, to assign me Counsel to consult with, before I be too fare ensnared, and if you will not do it, and give me some reasonable time to prepare my plea and defence, then order me to be knocked in the head immediately in the place where I stand without any further trial, for I must needs be destroyed if you deny me all the means of my preservation.  Judge Jermine. 
Mr. Lilburne, It were reasonable to give you satisfaction, if you would receive it, you say you were present at my Lord of strafford's Trial, and you say he had Counsel assigned him, not only to stand by him at the Bar, but to repair to prison to instruct and advise, but that was not a Trial in such a way as this is: It was a Trial by way of Impeachment before the Peers assembled in Parliament, and his Attainder was made up into an Act of Parliament, but that is not a Trial at the common Law, per pares, which is, that which yourself have desired, a Trial by lawful men according to the Liberties of the Laws of England, After your Answer to your first question, that is to say, whether you be guilty or not guilty of the things whereof you are accused, no Counsel in the world can follow till the Fact be proved, and matter of Law do arise thereupon. So that the first thing that must be done, the matter of Fact must be proved against you, and then if it shall appear thereupon to the Court, that matter of Law doth arise, and you do expect Counsel, we must and will perform it, the Court are of your Counsel so fare as to fact. And then in that case, that Law arise thereupon, you may and aught to have other Counsel assigned, and do not you doubt but the Court will be as careful of you, as you can be of yourself, and allow you more favour, it may be, than your friends do expect.  L. Col. Lilb. 
Under your favour, and by your good liking; I was once Arraigned at Oxford for my life, upon the matter of Treason, for levying war in Oxfordshire against the King, as their Indictment then said, and my Arraignment was by virtue of a Commission of Oyer and Terminer, that was (and in Law I am sure of it) as legal and as just as yours is, and my Lord Chiefe-Justice Heath, the chief Commissioner or Precedent who was in the eye of the Law, as legal a Judge as any of you, and yet he—  Lo. Keble. 
Mr. Lilburne, we do remember it.  L. Col. Lilb. 
I beseech you give me leave to speak for myself, and to go on, for my life lies upon it.  Lo. Keble. 
Hear me one word, and you shall have two.  
This that you did speak but even now, do not you think that we have such bad memories, as that we have already forgot it, your life is by Law as dear as our lives, and our souls are at stake if we do you any wrong.  L. Col. Lilb. 
I wish you may be sensible of that Sir.  Judge Jarman. 
Mr. Lilburne you need not to say so, our souls are upon it, and we are to stand or fall by Justice and righteousness as well at yourself is.  L. Col. Lilb. 
I say my Lord Heath, and the Court at Oxford, proffered me Counsel before any one witness was produced to my face, or any matter of fact came to the proof, yea, and gave me Liberty to make my exceptions to the insufficiency of the Indictment, which was very short in comparison of yours; I crave the same privilege from you (the nations pretended friends) that I found at Oxford, amongst its declared pretended enemies, against whom in several battles I had fought; And I hope you that pretend to be the preservators of the Liberties of England will not be more cruel, and unrighteous than the declared destroyers of them, if you will not allow me Counsel as I had there, I have no more to say to you, you may murder me if you please.  Judge Jerman. 
You were pleased to mention some precedents of those that have been accused of high Treason, that have had Counsel assigned to them, and for one you mention, that of my Lord of Strafford, whose Trial I told you was Parliamentary before the House of Peers, upon the impeachment of the Commons of England in Parliament assembled, and so it went on in a Parliamentary way, their proceeding is in an ordinary course of the ordinary qundam Court of Justice according to the common law. Now for my L. of Strafford, give me leave to observe this; he had no Counsel assigned him until such time as questions of the law did arise, which required Council, and then he had Counsel assigned him, but not before; for that my Lord doth not say, that you shall have no Counsel, but that you shall have that which the law allows: and as for that which you speak of counsel at Oxford, it could not be; but when upon the prose of matter of fact, it appears to the Court, that there is any Question or matter of law arising upon the fact: And when it doth so appear unto us, than you shall have Council for that; but (I beseech you) hear me on, You are now come before us according to the common law, to be tried by your Country, there is now nothing in question, but whether that matter, that thing, those words contained in the Indictment read to you, be true, yea, or no; that is, whether they be done, or no, for we will not give Counsel to plead to the matter of fact contained in your own books, which you remember very well.  L. Col. Lilb. 
Those books supposed mine: pray let me have fair play, and not be wound and screwed up into hazards and snares.  Lord Keble. 
If they be not yours upon good grounds proved before you, you are in no danger: and if upon the proofs of the words and deeds done, there do appear matter of law, you must and shall have counsel; stay till that be done, in the mean time the Court will take care that a Jury shall be returned of honest and sufficient legal men to judge of the proofs.  L. Col. Lilb. 
There was arraigned with me at Oxford Colonel Vivers of Banbury now alive, and Capt. Catesby who is dead: I will bring Coll. Vivers to depose here upon his Oath, that my Lord Heath & the rest of the Commissioners of Oyer and Terminer proffered me Counsel, and allowed me and him Counsel before ever so much as any witnesses were produced, to prove the least matter of fact: and if you will not be so just towards me as the Cavaliers were, and allow me Counsel as they did. I have no more to say, but resolve upon this score, to stand, and here to die upon the principles of an Englishman: If you will not be so just as the Cavaliers were, with whom you and the Parliament set us together by the ears to fight with, pretendedly for their injustice, let God and all righteous men judge betwixt you and me.  Judge Nichols. 
If you will not be led by the proceed of law, it will be worse for you, and you are to know this is not Oxford.  L. Col. Lilb. 
Sir, by what better rules of the Law can I be led by, than those that I have before my eyes: I am sure at Oxford, as my right by Law, I was, before any fact was proved, proffered Counsel by my Judges which were my Lord Heath, & Mr. Gardiner. Now Sir Thomas Gardiner, who is now in London, if you please I will produce him to this Bar, to justify it upon his Oath, that the Lord Chief Justice Heath in his presence proffered me Counsel upon my Arraignment for Treason there, as my right by the privileges of the laws of England, before the fact came to be proved; yea, and also gave me liberty to alsign the errors of my indictment. He is now in London, and I will produce him here at this Bar (if you please) to justify what I say, if you will give me time, and enable me with ability to summon him in.  Judge nicols. 
Mr. Lilburn, whether Mr. Gardiner will justify it or no, it is nothing to us, for we are not to walk by Oxford precedents, but by the rules of the law, and the law will afford you no Counsel, but in points of law arising upon proof of the fact 
† What a lying Judge is this Mr. Nicols, when as he himself with Mr. John Minard the Lawyer, was assigned by the Precedent, Lord chief Baron Wild, to be of the Council with Major Rolph upon his desire, & that before ever the grand Jury found his indictment of Treason, as is fully declared in the next days following plea of Mr. Lilburn. .  L. Col, Lilb. 
Under favour thus: I conceive the precedents at Oxford, so far as they are righteous, are fit for your imitation, and whether it be a righteous thing for you, when I am tried for Treason before you, to be more cruel towards me, who have fought for you, than the Cavaliers at Oxford, in the like case were, against whom I fought: and I must tell you, I further conceive it the most unequal and unjust thing in the world, for me to have to do, upon the trial of my life, with all the Judges of the Land (who are all engaged men) that have had above 6. months' time to beat their brains together, with the assistance of divers of my Adversaries, who are Parliament-Men, that were the creators of their power, and for one of them to be my prosecutor: And in this sxtraordinary case, for me to be denied to consult with Council, I tell you Sir it is most unjust, and the most unrighteous thing in my apprehension that ever I heard of, or see in all my life. O Lord! was there ever such a pack of unjust and unrighteous Judges in the world? Sir, in plain English let me tell you, if I had thought you would have bound me up to a single plea, and not have given me in my plea the just latitude of law, equity & reason, but hold me thus close to your single formalities contrary to your promises, I would rather have died in this very Court before I would have pleaded one word unto you, for now you go about by my own ignorance and folly to make myself guilty of taking away my own life; and therefore, unless you will permit me Counsel, upon this lock, I am resolved to die.  Lo. Keble. 
This is not the rational way you said you would go in.  L. Col Lilb. 
Sir, my life is before you, you may murder me, and take away my blood if you please.  Lo. Keble. 
I will not be out-voiced by you, our lives and our souls are upon it, therefore you shall have equity and Justice, yea, such as you desire yourself; but you are now going to fly into extravagancies & heats, which will manifest the rancour of the distemper'dnesse and invenom'dnesse of spirit which is within you: And besides, if we should enter into it, we might aggravate your crimes by your own words at the Bar. Take heed of it, that you give not advantage against yourself to your own ruin.  L. Col. Lilb. 
Sir, I am in no heats, I am but with earnestness pleading for my life, when you deny me all the just means of my preservation, which is my right and due by your own law.  Judge Thorp. 
Mr. Lilburn, I desire to correct a mistake of yours in the law: You were pleased to condemn it as unjust; for the Attorney Generals speaking with me, when your Indictment was a reading, you are to know, he is the prosecutor for the State here against you, and he must confer with us upon several occasions, and we with him, and this is law.  L. Col. Lilb. 
Not upon the Bench (Sir) by your favour, unless it be openly, audibly, and avowedly, and not in any clandestine and whispering way: And by your favour, for all you are a Judge, this is law, or else Sir Edward Cook in his 
† Whose words there fol, 29. 30. are so plain & express to prove what Mr. Lilb. said to be good law, as nothing in the world can be plainer, see also to the same purpose the 2d part Inst. fol. 49. 03. 104.  3d. part Inst. Cap. high Treason or petty treason, hath published falsehoods, and the Parliament have licenced them; for their stamp in a special manner, is to that book.  Judge Thorp. 
Sir Edw. Cook is law, and he says the Attorney general or any other prosecutor may speak with us in open Court, to inform us about the business before us in open Court.  L. Coll. Lilb. 
Not in hugger-mugger, privately or whisperingly.  Judge Thorp. 
I tell you Sir, the Attorney General may talk with any in the Court by law, as he did with me.  L. Col. Lilb. 
I tell you Sir it is unjust, and not warrantable by Law, for him to talk with the Court, or any of the Judges thereof in my absence, or in hugger-mugger, or by private whisper.  Lord Keble. 
No (Sir) it is no hugger mugger for him to do as he did: spare your words, and burst not out into passion, for thereby you will declare yourself to be within the compass of your Indictment without any further proof; look to it, that you behave yourself according to the bounds of reason and law, and hear me, for we must cause the Jury to be returned.  L. Col. Lilb. 
Sir, under favour I crave but one word more, hear me out; I know very well, and I read in your own law books such a prerogative, as that in cases of Treason no Counsel shall plead against the King, hath been sometime challenged to be the Kings Right by Law; but let me tell you, it was an usurped prerogative of the late King, with all other arbitrary Prerogatives and unjust usurpations upon the people's rights and freedoms, which has been pretended to be taken away with him: And Sir, can it be just to allow me Counsel to help me to plead for my estate, the lesser, and to deny me the help of Counsel 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 days 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 poor ignorant and harmless people by, which undoubtedly died with him, or else only the name or title is gone with him, but not the power or hurtful tyranny or prerogative in the least. Therefore, seeing all such pretended and hurtful prerogatives are pretended to be taken away with the King, by those that took away his life, I earnestly desire I may be assigned Counsel to consult with, knowing now especially no pretence why I should be denied that benefit and privilege of the law, of just and equitable law of England, having put myself upon a Trial according to the privileges thereof: And it was declared to me at Oxford, upon the Trial of my life there, after I was taken prisoner, fight against the King and his party, even almost to handi●gripes, and to the sword point, and to the but● end of our Muskets, being in person one of that little number that for many hours together at B●●inford fought with the King's whole Army, whers in the manner, without any Articles or composition I was taken a prisoner, and immediately thereupon arraigned at Oxford, where notwithstanding all this, it was declared to me by Judge 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 confess he is my best Authority that I have, and I am sure he was a Judge of the law, or else I had never pleaded to him, & he was upon hisoath to do justice and right, and he was an able and understanding Lawyer, and yet did allow me (an hostile enemy) counsel to help me army right by law, before ever any proof to matter of fact was produced and I beg but the same legal privilege 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 actual levying war against the King.  Judge 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 special authority and command, and you had your commission to justify you in your hostile actions, and he knew it well enough your Act was no Treason, though he did offer you counsel, or else he durst not allow you counsel.  L. Col. Lilb. 
I had nothing to justify me in that Act but the equitable sense of the law, the letter of it being point blank against me, and on the Cavaliers side, by which if they had prevailed, they might have hanged 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.  Judge Thorp. 
It was no Treason in you, and he that assigned you counsel knew it was no Treason, and this arraignment of you was as illegal as his assigning you counsel.  L. Coll. Lilb. 
Sir by your favour, he was a Judge of the law by legal Authority, being made by the King, in whom by law that power was invested, and he looked upon himself as a legal Judge, and so did I too, and as a legal Judge he arraigned me for doing that act, that by the express letter of the law was Treason, and as a legal and honest Judge according to his duty in law he allowed me Council.  Judge Jerman. 
For that matter that you talk of, they knew it was no Treason, and therefore gave you more privileges 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 willingness.  L. Col. Lil. 
Upon my letters after the first day of my Trial, that Declaration of l●x tall 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.  Judge 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 myself and the other 2 Gentlemen arraigned with me had Counsel assigned us as our right by law: And the Judges most fairly & rationally further told us, Because we will not surprise you, we 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 privileges you can claim by the liberties of the law of England, you shall enjoy them to the utmost: Upon which premise I spoke in open Court to the Judge, showing him the irons upon my hands, in which I was arraigned, and told him: My Lord, by the laws of England, no prisoner for any crime soever, that behaves himself civilly and peaceably in his imprisonment, aught 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, denied the use of pen, ink, and paper, which is contrary unto law, especially in the time of my Trial. Why says he, you shall be released from your irons, from your close imprisonment, and have the use of pen, ink, and paper, and Capt Lilburn, I tell you, you shall enjoy whatsoever other privilege you can challenge as your right by law; for the law of England is a law of 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 King's 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 surprise you, and thereby go about to murder 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 special order from the other 2. Gent. I writ a letter to my wife, & in it enclosed another to your Speaker & another to young Sir Henry Vane, than 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 brought up the letter to my wife, is now in London, which letter my wife delivered to the Speaker, etc. 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 Judge Heath himself, which letter taking notice of our trial, threatened them with lex talionis, to do 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. Catesby, and myself. And if it had not been for this threatening letter, in all likelihood we had all 3. been condemned by a commission of Oyer & Terminer, & executed; for my wife did hear Judge Heath say to some of his Associates at his reading of the letter, that as for all the threatening part of it, as to his particular self, 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 proceed and further trials at law.  L. Keble. 
It was well for you, by your story 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 than the laws of England will afford: what was done there, is nothing to us here, for we are not to walk by their precedent, but by our own Judgements, according to the awls of the law: & here 'tis thus far just, that upon the proof of matter of fact, if law do arise you are to have counsel, if not, you are to have none. By your allegation, you say, you had counsel assigned you before any matter of fact came to be proved, when as a Judge 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 counsel there assigned you, so shall you have here, & you shall have fair 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 Solicitor, who by law as well as any other by slander may 
* Cook in his Inst. 3. part. c. petty treason, fol. 29. is express in this particular, so is he in c. 63. being his c●p. of counsel, 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 yourself, when your time comes you shall speak.  Mr. Sprat. 
He asked leave for me first: And Sir it is easy to prove the whole indictment to be matter of law.  Judge 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 counsel: that is as true, that the Court is of counsel for the prisoner arraigned at the Bar, & so we ought, & shall permit you other counsel, if matter of law upon the proof of the fact do arise; but for any other counsel to be assigned you before that appear, is not by law warranted, we shall tread the rules of justice: and we shall do wrong to the whole commonwealth, if we should allow you counsel 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 yourself, he shall speak in your behalf, 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 alleged, 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 several Counties, put into one and the same indictment, be legal yea, or no.  Lord Keble. 
Upon proof of the matter of fact, you shall hear & know whether matter of law will arise, and till the words be proved, we cannot say whether that be the law that you suppose.  L. C. Lil. 
Truly Sir, you promised me a fair Trial, & 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 proceed as I find at your hands, who go about I now clearly see, by my ignorance in holding me to a single & naked plea, which is purely as bad, if not worse than all the prerogatives: & for the worst & grossest of his prerogatives in a more rigorous manner than they were used in his life time, to be thus pressed upon me at this day, after be hath lost his life for pretended tyranny and injustice, liberty and freedom in public Declrations declared to the Kingdom, I say if there be justice and equity in this I have lost my understanding, & the good Lord God of heaven deliver me from all such justiciaries.  L. Keble. 
M. Lilb. you have been arraigned before us for high Treason, & we bid you forbear those terms of yours, long ago, speak that you do rationally, and you shall have fair and christian answers and replies, as ever any man-had at a Bar, & go on, you shall have it still, if you will be fair and rational, & not break out into extravagancies and bitterness of spirit.  L. Col. Lilb. 
For my part, Sir, I must look upon myself as a lost and dead man, if I have not counsel to help my ignorance to pitch upon those things that tend to my preservation: and therefore if you will not assign me Counsel to advise and consult with, I am resolved to go no further, though I die for it, and my innocent blood be upon your heads.  Justice Jermin, 
You have alleged part of the Law of England for your own advantage; but every one that says so, does not prove it to be so: you have said you will be tried by the Laws of England, and yet against the Laws of England you have utterly refused, in that you would not hold up your hand, which I do not know any English that ever refused so to do, but yourself: you have been told by the Court what the Law of England is, and yet you will not be satisfied. We are upon our Oaths, and therefore will discharge our consciences, and that in, or more eminent manner than my brother Heath did, although we do not deny your liberty to speak for yourself. But now you who would have Counsel assigned before any matter of Law doth appear upon the proof of the fact, which we cannot do: for it were to do injustice, and to dye against the Law, which the Court cannot justify.  L. Col. Lilb. 
Sir, under favour, whether or no I have transgressed the Law, I will not judge; but I am sure the Law in the equity and intention of it, would have all trials to be equal, and not prejudicial. My prosecutors have had time enough to consult with counsel of all sorts and kinds to destroy me, yea & with yourselves, and I have not had any time at all, not knowing in the least what you would charge upon me, and therefore could provide no defence for that which I knew not what it would be: And if by the law of England I cannot have counsel, then upon your own grant, which is, That the Laws of God are the Laws of England, I desire to have the privilege of the law of God; which you yourself said is the law of England; and I am sure the law of God is, that you should do as you would be done to: now it cannot be according to the law of God, for my adversaries to have the helps of all manner of counsels, by snares, tricks and provocations to take away my life, and for me to be denied the benefit to consult with any to preserve my innocent life against potent Malice.  L. Keble. 
You say well, the law of God is the law of England, and you have heard no law else but what is consonant to the law of Reason, which is the best law of God. and here is none else urged against you.  Another Judge. 
The Laws of God, and the Laws of Reason, and the Laws of the Land, are all joined in the Laws that you shall be tried by.  justice's Iermin. 
The question is but this, Whether the Law of God and the Law of Reason, and the Law of Man may be consonant to each other, and whether the Court or john Lilburne shall be Judges thereof, that is the question.  L. Keble. 
And that which you said Mr. Attorney hath had so much time against you, and opportunity to consult with all manner of Counsel to destroy you, your secret actions, though they are now come to public view, are so heinous, as that they do require time to put them into the most sure way of trial, we have proved the clandestinesse of them; you did this in secret, now it is come to the face of the world. Now this being matter of fact, no matter of law can appear till proof pass upon it; you have had times to complot your treasonable venomous Books, which shall be proved upon you, and till this be done there is no matter of law to be looked at. This is the law of God, when a man hath done such treasonable things, he shall answer directly and positively, whether he be guilty of them or no; and if he answer, Not guilty, and they be not fully proved against him, there needs no more to be said.  justice Thorp. 
Mr. Lilburne, there fell some words from you even now, wherein you think you have this hardship put upon you, when you say the Judges & your persecuters have had 6 month's time to meet together and consult together how to destroy you: First, I would not have you to believe, nor the rest that hear it, That that is true that you say: for I speak it for my own particular, that I never saw your Indictment till this time that I came here, and yet you say we have had six months together to frame it. These are your words, this was not rightly done of you: for it is not true, I speak in my own particular.  L. Col. Lilb. 
I am sure the substance of it you might see many m●●●hs ago, and though all you Judges have not at one time met about 〈◊〉 yet the greatest part of you have that commonly carry the domination of the whole, and at Sergeants Inn with Mr. Attorney General, the most of the Judges of England have had several meetings, 6.5. and 4. months ago, for I have had friends there that have seen it, and who have enquired into the Cause of such solemn meetings, and your own Servants have told them it hath been about me and my Trial.  Justice Thorpe. 
I speak as for my own particular that I was never there, and that I never see your Indictment till this time.  justice Termin, 
Why Mr. Lilburne, might we not have such meetings as those, your businesses being a matter of this importance as this is, through the heinousness of your offence, and that it might be so grounded as the Warrant of the Law is, the Judges did meet, and they ought to meet 
* But Cook in his Chapter of petty Treason, in 3. part. instit. fo. 29. expressly saith, and to the end, that the Trial may be the more indifferent, seeing the safety of the Prisoner, consisteth in the indifferency of the Court, the Judges ought not to deliver their opinions before hand of any criminal case that may come before them judicially, and he there citys Humphrey Stratfords' Case, that arch Traitor, in which Hussey chief Justice, besought H. 7. not to demand of them their opinions before hand, and in 4. part. institutes, Chapt. High Court Parliament, fo. 37. he fully shows the evil of ask Judges Opinions before hand.  to consider of it, that nothing should be done against you, or any man else, contrary to the Law; butyet for my part, my dwelling is out of London, I heard not of it so soon as you speak of, but after I came to Town, I confess I heard of it, and have been present about some debates about it.  L. Col. Lilb. 
Only this I say, if by your prerogative you will destroy me as Nebuchadnezer did endeavour to destroy Daniel by his prerogative, I am as willing to die, as he was to be thrown into the Lion's Den, and if you will not allow me Council to consult with, what Plea to make for my life, I have no more to say, Sir, it is but a vain thing to spend any more words.  L. Keble. 
These are but words, and flourishes Sir, that you are so willing and ready to die as you declare you are; but if you be, it is the better for you: And also it is well you have not to do with Judges, that would be austeare upon you, for you to term us to be men that come hither to destroy you as Nabuchadnezzar went about to do Daniel, you may judge of what is within you, but of us, what is within us, you cannot judge; you shall have justice here in the face of the Country, and of all that hear us, these shall be Judges of our proceed towards you: take heed, Mr. Lilburn, this language is but the sparks of that venomous heat that is within you, and they may burst out to prove you guilty before us, and in our presence, of that you are charged with, without any further proof or proceed; for you may do it, you may do it where you stand, and therefore be advised, and take heed what you say.  L. Col. Lilb. 
Sir, I have cast up my Account, and I know what it can cost me, I bless God I have learned to die, having always carried my life in my hand, ready to lay it down for above this 12. years together, having lived in the favour and bosom of God, and I bless his name, I can as freely die as live.  L. Keble. 
You shall not now lay it down, if you do not destroy nor cast away the Commonwealth; but if you go about to destroy the Commonwealth, the Commonwealth will spew you up and destroy you.  L. Col. Lilb. 
I desire nothing but Council, and a little time to consult with them, and to produce my Witnesses, and a Copy of my Indictment; if not, I am willing to die as the object of your Indignation and malice, do your will and pleasure.  L. Keble. 
We are willing to die too.  Mr. Attorney. 
What is agreeable to the Law of England, the constant settled practice of trying Prisoners, will not be denied Mr. Lilburne; but as for that privilege that was granted unto him at Oxford, is no tye in Law to us, neither was it ever heard of in England, that any that did understand the Law, did ever as Mr. Lilburne now desires, allow Council to a Prisoner for such an Act as this is, or had the Copy of the Indictment, it shall not be denied Mr. Lilburne, which is his right by Law in its due place: But to make new Precedents and new Laws, which my Lord when done by such a Bench as this is, most of the Judges in England being present, runs to all crimminall cases whatsoever, whether in treason, murder, or other felonies; its true, Mr. Lilburn is now only concerned in it, but if granted to him, it would be a precedent to all future times, by means of which, there would never be an end of Trials in crimminall Cases. And it is a wonderful strange thing to me, That when the Prisoner hath pleaded the usual way, you proceed not immediately to trial, its true Mr. Lilburne hath pleaded his own ignorance, and therefore desires longer time; but my Lord, to make a Precedent of this nature that never was known by the Laws of England is very dangerous, very perilous. My Lord, the things that I press is not in relation to time, but in relation to the public Justice; for by the same reason it's granted him, it ought not to be denied to any man that asketh it, neither for Treason or Felleny, and of what evil consequence it would be, I leave your Lordship and the Court to judge.  
My Lords, I do humbly desire that Mr. Lilburn may be dealt with all legal, just, and fair proceed from the Court. My Lord, I do desi●e accordingly, that proceed may for the Commonwealth be so too, and that Mr. Lilburn may be without delay according to Law, proceeded against for his notorious treasons.  L. Col. Lilb. 
Sir, with your favour I shall crave but one word, this Gentleman declares unto you what an evil Precedent it would be to give me a little time to consult with Council, to frame a Plea for my life, and yet that Judge was pleased to say the Law of England is founded upon the Law of God, and the Laws of Reason, unspotted, uncorrupted, or undefiled, I am sure the Law of God, and the Law of uncorrupted Reason is to do as you would be done to, and not to lay snares for your Neighbour's life, I am sure the Law of God would have all Trials indifferent and no man's life surprised or taken away by nisities or formalities, though never so notoriously accused. And Sir, for Mr. Prideaux and others of you, so often to call me notorious Traitor as you do: I tell you Sir, you reproach me, for though I am never so notoriously accused, yet in the eye of the Law of England, I am an innocent man, yea as innocent as any of those who call me Traitor, till such time as I be legally convicted of the fact or crime laid unto my Charge, and therefore Sir, I beseech you cease your calumniating of me, for you thereby deal not fairly nor segally with me. And Sir, I confidently hope, I shall appear in the eye of the Law, in the eyes of you, and in the eyes of all men that hear me this day, an innocent, a just, and a true Englishman, that really loves the welfare of his native Country, if I may have fair play, and the scope of the Law. And therefore Sir, blemish me not in the ears of the auditors, till the Law, and a conviction by it do blemish me; for I tell you, I am in the eye of the Law, as innocent as any of yourselves till I be justly convicted; and therefore I pray cease the calling of me Traitor in this manner.  L. Keeble. 
What need we any more when we are of your opinion, we wish you may come as ●lerly off as you say you hope to do?  Mr. Attorney. 
My Lord, and that it may be so declared, and that the world may know whether Mr Lilburne be an innocent man or no, I pray put it to the final issue, and let the Law judge.  Leiut. Col. Lilburne 
Under favour, for me to be denied Law, which I conceive is done unto me, when I am denied Council, and to put the niceties and formalities of the Law upon me, the signification of which are writ in such language and tongues as I cannot read, much less understand; and would you destroy me for the not knowing of that which it is impossible for me to know. Sir, I beseech you be not so extreme towards me, that Gentleman saith, the Law of God is the Law of England, and it would have no snares laid to take away a man's life; I pray let me have the benefit of that?  Mr. Attorney. 
Once you had, and it is but just you should, and I am sure it will be granted unto you.  L. Keeble, 
Mr Lilburne you say well, the prisoner loath not know the Law, you do not, and many others do not; but I tell you again, you know so much of the Law as is suitable to this Plea, you yourself know, whether your Conscience accuse you guilty of the fact laid unto your charge or not; for our parts, we say no more than 21 men upon their Oaths have informed us, upon sufficient testimony of Witnesses, that what they had said, we should further informour selves of, before your life be taken away; yea such is the Law of England, the tenderest Law in the world of a man's life. I say again, that no such trials for life, is to be found in the world: as in England— in any place but in England. A man's life may be taken away upon two or three Witnesses, but in England two or three witnesses do not do it; for there is two Juries besides, and you have 24 men returned, you have 21 men upon their Oaths and Consciences that have found you guilty; and yet when you have don● that, it is not enough by the Law of England, but you are also to have 12 rational understanding men of your Neighbours to hear all over again, and to pass upon your life. This is not used in any Law in the world but in England, which hath the righteousest and mercifullest Law in the world, and this we sit here to maintain, and let all the world know it, that according to the rules thereof we have proceeded against you.  judge Michael. 
Mr. Lilburne, you were speaking of the Laws being in other Tongues, those that we try you by, are in English, and we proceed in English against you, and therefore you have no cause to complain of that.  L. Col. Lilb. 
By your speeches you seem to bind me up to a single plea. Truly I conceive that is not equitable by the law of God and the Laws of Reason: No man's life is to be destroyed by niceties and formalities; yet contrary to your solemn promises, you take all advantage against me by them, (and make my ignorance in the ticklish formalities of the law, to be the means of my own destruction,) although before I pleaded you engaged unto me you would take no advantage by my ignorance in your formalities, and my mistakes in them, should be no disadvantage unto me, and yet now I have pleaded, you seem to hold me close to a single plea. Truly, Sir, I think that is not just nor fair so to break your promises, and by fair words to smooth me on into nets and snares, and to make use of my willingness to be tried by the Law of England, to drill me on to my own destruction: Truly, Sir, had I ever thought or believed, I should have been denied counsel, I would have died before ever I would in any manner have pleaded to your charge, or have yielded to your smooth insinuations.  justice's Iermin. 
Those men that know the Laws of England, know well, that it taketh away no man's life but upon clean proof, and upon manifest contempts of the Law: The Law is, Whosoever shall go such a way in a Court as evidently gives affront to the Law, that such one takes away his own life; The facts that you are charged with, if they had taken effect, would have taken away the innocent lives of many. Therefore you are now before us charged with the fact, and every man's conscience knows whether he committed the thing charged upon him, or no, and yourself does know whether you be guilty of that you are accused of, or no. But the Court must not spend any further time: For Mr. Attorney General hath returned the Writ of Veneri facias For the calling or summoning of a Jury of life and death.  L. Keble. 
Mr. Lilburn, you say you well understand yourself: you knew of your coming, and you knew of the fact that you have committed.  Leiut. Col. Lilburne 
Truly Sir, six months a go I heard much of my Trial, and I longed for it, but could not have it, but was still kept in prison, and abundance of provocations put upon me, to make me cry out of my oppressions and then to hang me, therefore by a Law made after my pretended crime was committed is not just; and truly Sir, I heard by uncertain common fame of my Trial now. But Parliament men told my wife and friends, that my chiefest crime was corresponding with the Prince; and to defend myself against that, I fitted myself, never dreaming that only books should be laid to my charge; and therefore I could not, as to that come prepared; and therefore do humbly desire Council, a Copy of my Indictment, and time to bring in my Witnesses.  L. Keeble. 
Hear what is said to you, for your Witnesses, you should have brought them with you, we'll give you leave to send for them, we will give you time to do, to consider with yourself, what to say for yourself, you shall, till to morrow 7 a clock.  Leiut. Col. Lilburne 
Sir, some of my witnesses lives, abides 100 or 80 miles off, and yet I must bring them to morrow morning, how's that possible; and therefore I desire time to bring them in, and also Subpeanas, for some of them are Parliament men, and some of them Officers of the Army, and they will not come in without compulsion.  L Keeble. 
That's the time, we will give you no longer, you knew of your coming long ago, and therefore aught to have come provided.  Leiut. Col. Lilb. 
Sir, I beseech you give me a convenient time 8 or 10. days that so I may get them together, for how could I be provided before hand for any thing, but for that for which I was at the first imprisoned for, nothing of which is now laid to my Charge. Can I divine upon what you would proceed against me; but Sir, I have that within me I bless God, that will be a portion of comfort to me, to carry me through all your malice and injustice.  L. Keble. 
Never talk of that which is with you; God is in us as well as in you: never make a flourish of what is in you; for the fear of God is before our eyes as well as yours, and what we do we shall have comfort in, in that it is according to the Laws of England, the Rules of which we are sworn to observe, and every man will do righteous things as well as you.  L. Col. Lilb. 
Pray will you give me but 8 day's time then.  L. Keble. 
We will give you no more, you ought to have brought them with you, you knew of it long ago; and the Court cannot, nor will not wait upon you.  L. Col. Lilb. 
By your favour, Sir, thus, then let me have a little time to consult with counsel.  L. Keble. 
I tell you, That if the matter be proved, there needs no counsel.  L. Col. Lilb. 
Sir, I shall not much insist upon that, but the question is, whether the matter be treason in Law or no, and whether in Law it be rightly expressed in the Indictment, as to time and place, with other circumstances thereunto belonging; and I question the legality of the Indictment, and that aught in Law to be disputed before the matter of fact come to be spoken to.  L. Keble. 
Sir, you said at first, you would speak as a rational and moderate man, and yet you will not be answered. If matter of Law do arise out of your fact, that we have told you again and again, you shall hnue counsel and time.  L. Col. Lilb. 
Sir, by your favour, it may be too late to desire counsel after the fact is proved. And besides, having legal exceptions against the Indictment, why should you run me upon the hazard of my life, by ticklish Niceties and Formalities; and as my prosecutor Mr. Prideaux saith,— (but being interrupted, cried out) Sir, I beseech you, do but hear me.  L. Keble. 
Your distemper will break out, your heart is so full of boiling malice and venom, you cannot contain yourself.  L. Col. Lilb. 
Mr. Prideaux is pleased to urge, that the granting of me of my desire in reference to counsel, will be so inconvenient a precedent, as will destroy the Commonwealth, therefore to avoid the danger of such a destroying precedent, as he is pleased to call it, I desire to have some time assigned me to get my witnesses together, and then I shall, I doubt not, but convincingly show you the hazard and destroying misciefe of that desperate precedent in denying men liberty to consult with counsel, when they are upon trials for their lives. For my own judgement, my own conscience doth tell me, that it is my undoubted right by the Law of England, by the Law of God, and the Law of Reason; and if it be totally denied me, I can but die, and upon that score, by the assistance of God, I am resolved to die.  L. Keble. 
You speak great words of your own judgement, your own conscience, your own zeal, and the like: And I tell you, our Consciences, and our Religion, and our Zeal, and our Righteousness, I hope shall appear as much as yours: you would make yourself Judge in your own cause, which you are not, and so make cyphers of us, but all your high words of Conscience and righteousness is but a flourish, to make the people believe or be apprehensive as though we had none, you had all; but you shall know, here we sit with as much tenderness and integrity as you stand there, and to do that uprighty which is according to Law and justice.  L. Col: Lilb: 
I shall not in the least make any comparisons, neither do I in that particular, I only speak of my own particular, in reference unto that God in whom I have believed, and in whom I enjoy content, peace and quietness of mind, and yet for my part I shall rather die then willingly go any further, except I have Council first.  L. Keeble. 
Well Mr Lilburne, the Court is very tender not to take up any of your time, you have heard what was declared to you there, that Mr Attorney hath made process against you returnable, to morrow at seven of the clock, and therefore to spend more time will be but your loss and damage, the Sheriffs of London are to take care to return the Jury to morrow morning, and therefore the Court doth adjurne till seven a clock to morrow in the morning, and in the mean time they do commit the prisoner at the Bar, to the Lieutenant of the Tower again.  L. Col: Lilb: 
Sir, I did not hear you the first words.  L. Keeble. 
You shall not be denied to hear it again, the Court desires to be good husbands of time for you, we could have sat long enough, to have trifled away your time that you may spend your meditations, and take your friend's advice, do not stand upon and destroy yourself by words; Mr Lilburne, all that are here, are 
* Just Jermin take notice the Judge stood up and spoke out an appeal to the people.  to take notice of it, that the prisoner at the Bar tath had more favour already, then ever any prisoner in England, in the like case ever had; for by the Laws of England, in the matter of Treason, whereof you are indicted, you ought to have been tried presently, immediately; but because all the world shall know with what cander and Justice the Court do proceed against you, you have till to morrow morning, which is the Courts extraordinary favour, and the doors are wide open, that all the world may know it.  L. Col: Lilb: 
Sir, I can show one hundred Precedents to the contrary in your own Books, to disprove what you say.  L. Keeble. 
Adjurne the Court.  L. Col: Lilb: 
I humbly thank you for what favour I have already received.  
The Court adjurned till the next morning, and the Prisoner remanded to the Tower.   

Guild-Hall, 26 of October, 1649. being Friday.  
At the Trial of Lieut: Col: JOHN LILBURNE the Second day.  
THe Prisoner being brought to the Bar, spoke as followeth: Sir, I pray hear me a word or two.  L. Keeble, 
Mr Lilburne, I am afraid something troubles you, I will have no body stand there 
* That was in the Bar, where his brother Col: Robert Lilburne, his Solicitor Mr Sprat, and other of his friends stood.  let all come out but one man.  L. Col: Lilb: 
Here's none but my Brother and my Solicitor.  L. Keeble, 
Sir, your brother shall not stand by you there, I will only have one hold your papers and books, and the rest not to trouble you, wherefore the rest are to come out.  L. Col Lilb: 
Sir, I beg of you but one word, though I do not know any reason why of myself I should not have the privilege of the Law, as well as any man in England; yet besides, what yesterday I alleged for myself, for to have Council assigned, yet to day give me leave to mention an unquestionable Precedent for my purpose, and that is Major Rolfe, who being an Officer in the Army, and being lately indicted for High Treason (before the Lord Chief Baron wild, that now is at Hampshiere Assizes, for conspiring to poison and pistol the late King, which by Law was the highest of Treasons) did conceive himself in regard of his ignorance, unable to defend himself singly, against his enemy's design, which was to take away his life; whereupon he becomes an humble suitor to the Lord Chief Baron wild, that he might have Council assigned him, and the Court before ever the Grand Jury received any testimony against him to find the Bill, assigned him Council, who as I understand were one Mr Nichols, now a Judge of this Bench, and sitting there; and Mr Maynard of the Temple, they were both assigned his Council, and from Mr Maynard himself I have it, yea, from his own mouth: who being assigned his Council, they came into the court, where the grand Jury was called before the Judge: M. Maynard and M. Nichols, now a Judge here, had liberty there to be in the open Court, where the witnesses before the Indictment was found, was called and in open Court was sworn, and in open Court gave in their Evidence before the Grand Jury, Major Rolfes Council being by in open Court, to hear all the Evidence that was given against Major Rolfe, who in his Indictment was Indicted for two matters of fact, the first was that he had declared that in such a month, and at such a place, he had an intent to Pistol the late King; which by the letter of the Law of the 25 Edw: 3. chap: 2. was Treason: then there was another Charge, that such a day he had so said or declared to Poison Him, in the presence of such a one, and they were both put into one Indictment; whereupon Mr Maynard, being assigned by the L: Chief Baron wild, that now is, to be of Council for Rolfe in the same Case (but with abundance of more advantage to him, that I am now in) Mr Maynard was then of Council to the prisoner, and had liberty to hear what the witnesses swore against him, and to make his best advantage of it, and that in open Court, before the Indictment was found by the Grand inquest; and although there were two express witnesses against him, yet but one of them swore to one thing, and another to another; Mr Maynard being one that knew the Law better than Major Rolfe did himself, he applied the two Statutes of Edward the sixth, viz. the 1 Edw: 6. chap: 12. and 5. and 6. of Edw: 6. chap: 11. to Rolfes Case, which Statutes do expressly declare. That no man ought to be convicted of Treason, but by two sufficient witnesses upon plain and clear evidence to each fact of Treason, which evidance, as Sir Edward Cook says in third part of his Institutes, aught to be as clear as the Sun at noonday, and not upon one single witness, and upon conjectural presumptions, or inferences, or strains of wit: Now Sir I am an Englishman as well as Major Rolfe, and I have been an Officer in the Parliament Army as well as he, and there fought for them as hearty as ever he did in his life, and he was accused for the highest of English Treasons; and therefore I humbly crave that in regard there are many particular errors in the Indictment, as to matter, time & place: that therefore in reference to the illegality of the Indictment according to this Precedent, by one of your own fellow Judges, that you would according to my birthright, declared in Major Rolfes Case, assign me Council as he had, to help my ignorance, that so I may not be destroyed by surprisal, and illegal, and unjust prerogatives.  L. Keable. 
You see with what a great deal of favour, in stead of a few words, we have heard you many, this is a privilege; but this that you say upon it, it may be it was done, but that we do, shall be according to that, you and we, shall find to he according the Laws of the Land, and our conscience, and the privilege of the Subject: that that they did before the Grand Jury, and the witnesses, the witnesses are here sworn in Court in presence of the Grand Jury, so far we go with them; that of M. Maynard and M. Justice nichols, being assigned Council, for what cause it was then they best know, it is nothing that doth now concern us, though the Treason was against those Laws that then were in being; we must come to proof, it may be he confessed his fact; if you will do so too it altars the case.  L. Col. Lilb. 
No Sir, he never confessed it, for if he had, he had been found guilty; but he was saved merely by the skill and honesty of his Council M. Maynard, and his Indictment nuld an evaded, before ever the Grand Jury found it, and that upon this point of Law, because by the two Statutes of Edward 6. there ought to be two plain and clear witnesses, to every part of Treason; and though Rolfe, was accused by two witnesses, yet there was two facts, and but one witness to the proof of each of them.  L. Keable. 
When you come to trial, if we see there be need of Counsel, the Court will be instead of Counsel to you; nay, the Court if they see any matter of Law for Counsel, though you do not ask it, they will give you it; and therefore set your heart at rest, for if there be any thing rational in Law that we can spy out, as well as your Counsel, we will help you in it.  L. Col. Lilb. 
Sweet Sir, I crave but one word more, I am upon my life, and if you deny me what the Law affords me, and that which hath been granted to be Law, by Cavalier Judges, yea, and by your fellow Judges, who are now in power at this day; the Lord deliver me from standing in need of you to be my Counsel. jers.  L. Keable. 
We are upon our lives too as well as you.  L. Col. Lilb. 
No, by your favour, not in so imminent a manner as I am.  L. Keable. 
We are upon our lives and our souls to all eternity.  L. Col. Lilb. 
Sir, I beseech you hear me one word.  L. Keable. 
I will hear no more.  M. Pridiaux, 
My Lord, I desire the Court would proceed, and not prolong time, seeing he has pleaded not guilty, and confessed something.  L. Coll. Lilb. 
No Sir, you do me wrong, and abuse me, I never confessed any thing, neither did I plead not guilty; for my Plea was conditional, grounded upon your promises, not to take any advantage of my ignorance in your formalities.  L. Keable, 
Go on, be silent M. Lilburn.  L. Coll: Lilb: 
If you take away my life without affording me the benefit of the Law, my innocent blood be upon your heads.  L. Keable, 
Sir, These passionate words will do you no good, you had better forbear them.  L. Col. Lilb. 
Pray hear me then.  L. Keable, 
Do you say that we do offer to take away your life, Sir, if we do take it away contrary to law, we are liable to smart for it; but we shall judge what you have done (the Lieutenant Colonel pressing to speak was not suffered, but bid be silent) Sir, I advise you, Sir spare yourself with patience and hear the Court.  Just. Jermin: 
Be quiet Sir.  L. Col. Lilb. 
I beseech you Sir, let me hear but the grand Jury speak, for I understand from some of themselves, they never found me guilty of Treason, but do conceive themselves wronged by some words yesterday, that passed from some of the Judges; I pray let me hear them speak.  L. Keable, 
M. Lilburn, You said you would be rational, you would be moderate; you do break out, you will do yourself more hurt than any here can do you; you must be silent and hear the Court, we can lose no more time to hear you: Cryer call the Jury.  Cryer— 
The jury called (and M. Lilburn earnestly pressed to be heard, but could not) Crier— Miles Petty. William Wormwell.  L. Col. 
Sir, I beseech you let me but see these gentlemen's faces.  L. Keable, 
You Master Sprat, you must not talk to the Prisoner; you may stand and hold the Books; you did offend yesterday, but you shall not do so to day, for you shall not stand near the Prisoner to talk to him.  L. Coll: Lilb. 
My Lord, the Law says a slander by, may speak in the prisoners behalf at the Bar, much more whisper to him, but especially if he be his Solicitor.  Cryer 
— John Sherman, Thomas Dainty, Ralph Ely, Edmund Keyzer, Edward Perkins, Ralph Packman, Francis woodall William Commins, Henry Hanson, Roger Jenkenson, Josias Hamond, Richard Allen, Richard Nevil, John Mayo, Henry Jooley, Arthur Due, Roger Sears.  Clerk, 
You good men of the City of London appear.  
Steven Ives, john Sherman, Ralph Ely, Roger jenkinson, jofias Hamond, Richard Allen, Richard Nevil, Roger Seares, john Mayo, Nicholas Murren.  Clerk. 
You prisoner at the Bar, these good men that are here presented before the Court, are to be of your jury of life and death, if therefore you will challenge them, or any of them, you must challenge them before they go to he sworn, and then you shall be heard.  Cryer, 
Every man that can inform my Lords the justices, and the Attorney General of this Commonwealth, against Master john Lilburn prisoner at the Bar, of any Treason or felony committed by him, let them come forth, and they shall be heard, for the prisoner stands upon his deliverance; and all others bound to give their attendance here upon pain of forfeiture of your Recognisance, are to come in.  L. Col. Lilb 
Sir, I beseech you give me leave to speak.  Lord Keable, 
You cannot be heard.  L. Coll: Lilb 
Truly Sir, I must then make my protest against your unjust and bloody proceed with me, before all this people, and desire them to take notice, that yesterday I pleaded to my Bill, conditionally, that no advantage should be taken against me, for my ignorance in your formalities, and you promised me you would not.  L. Keable, 
We give you too much time; you will speak words that will undo you; is this your reason? you shall talk in your legal time, and take your legal exceptions, we will hear you till midnight.  L. Coll. Lilb. 
Then it will be too late Sir.  Justice Jermin, 
You have given a great slander, and that doth not become a man of your profession; you speak very black words.  L. Col: Lilb. 
I beseech you do but hear me one word; I do not know the faces of two of the men that were read unto me, I hope you will give me time to consider of them.  Lord Keable, 
No Sir, you ought not to have it.  L. Col. Lilb 
Will you let me have some friends by me that are Citizens of London, that know them, to give me information of their qualities and conditions, for without this, truly you may as well hang me without a trial, as to bring me hear to a trial and deny me all my legal privileges to save myself by.  Lord Keable, 
If you be your own judge you will judge so, go on.  M. Sprat, or Col. Robert Lilburn, Whispers to the prisoner, to challenge one of the Jury, which the Judge excepted against. L. Col. Lilb 
Sir, by your favour, any man that is a by-stander may help the prisoner, by the Law of England.  Lord Keable, 
It cannot be granted; and that fellow come out there, with the white cap, pull him out.  L. Col. Lilb 
You go not according to your own law in dealing thus with me.  justice's Iermin. 
Your words were never a slander, nor never will be, hold your peace Cryer go on.  Cryer. 
Stephen Blyth, look upon the prisoner.  Abraham Seal, john King, Nicholas Murren, (Thomas Dariel) the prisoner excepted against him) Edward Perkins, Francis Peale. justice jermine, 
was he recorded and sworn before he spoke or no?  Cryer, 
No my Lord.  justice's Iermin, 
The let him continue if he be right recorded.  Cryer, 
The Oath was not given quite out.  justice's Iermin, 
Then he hath challenged in time; let him have all the lawful favour that may be afforded him by law.  William Comins sworn, Simon Weedon sworn. L. Col. Lilb. 
he's an honest man, and looks with an honest face, let him go.  Henry Tooley sworn, Arthur Due (excepted against.) L. Keeble, 
Take away Mr Due, let him stand a little by.  Henry Hanson put by being sick, one that could not hear excepted against, John Sherman, Ralph Head, Roger Jenkinson, Josias Hamond, Richard Allen, John Mayo, Roger Seares, Henry Hanson, excepted against, Edmund Kinyzer sworn. The Jury Called. Clerk, 
Twelve good men and true, stand together and here your Evidence.  Just: Jermin, 
Cryer of the Court, let the Jury stand six of the one side and six of the other.  Clerk, 


1 Miles Petty  
2 Stephen jies  
3 John King  
4 Nicholas Murrain  
5 Thomas Drinty  
6 Edmund Keyzer  
7 Ed: Perkins  
8 Ralph Packman  
9 William Comins  
10 Simon Weedon  
11 Henry Tooley  
12 Abraham Smith.   of the Jury, six lives about Smithfield, one in Gosling-street, two in Cheapside, two in Bred-street, and one in Friday-street.  Just: Jermin. 
It's well done.  Cryer, 
The Lords, the Justices, do straight charge and command all manner of persons to keep silence, while the prisoner is in trial.  Mr Broughton, 
John Lilburne, hold up thy hand.  L. Col: Lilb: 
As I did yesterday, I acknowledge myself to be John Lilburne Freeman of London, son to Mr Richard Lilburne, of the County of Durham, and sometime Lieutenant Colonel in the Parliament Army.  Just: Jermin. 
You refuse to hold up your hand, and though you break the Law of England, the Court will not break it.  L. Col: Lilb: 
I do what the Court declares what is my right and duty to do, I do no more than declare my name to be so as it is.  L. Keeble, 
Read the Indictment.  Mr Broughton 
Reads, Hold up thy hand John Lilburne, thou standest here indicted of high Treason by the name of John Lilburne, late of London Gentleman, for that thou as a false Traitor, not having the fear of God before thine eyes, but being stirred & moved up by the instigation of the Devil, didst endeavour not only to disturb the peace and tranquillity of this Nation, but also the Government thereof to subvert: now established without King or house of Lords, in the way of a Commonwealth, and a free-state, and happily Established, and the Commons in Parliament assembled being the supreme authority of this Nation of England, to disgrace, and into a hatred, base esteem, infamy and scandal, with all the good true and honest persons of England, to bring into hatred, That is to say, that thou the said John Lilburn, one the first day of October in the year of our Lord 1649. and in divers other days and times, both before and after, in the parish of Mary the Arches, in the ward of Cheap London aforesaid, of thy wicked and devilish mind and imagination, falsely, maliciously, advisedly, and traitorously, as a false Traitor, by writing and imprinting, and openly declaring that is to say, by a certain scandalous, poisonous, and traitorous writing in paper entitled A salva libertate; and by another scandalous, poisonous and traitorous Book, entitled An impeachment of high treason, against Oliver Cromwell, and his son in law Henry Ireton, Esquires, late members of the late forcibly desolved House of Commous, presented to public view by Lieutenant Colonel John LiIburn close prisoner in the Tower of London, for his real, true and zealous affections to the liberties of this Nation; and by another scandalous, poisonous and traitorous Book, imprinted, and entitled, An outcry of the young men and apprentices of London, or an inquisition after the lost fundamental laws and liberties of England, directed August 29. 1649. in an Epistle to the private soldiers of the Army, especially all those that signed the sulemn Engagement at Newmarket-heath, the fifth of june 1647. but more especially the private Soldiers of the General's Regiment of Horse, that helped to plunder and destroy the honest and true hearted Englishmen, traitorously defeted at Burford, the fifteenth of May 1649. and also by another scandalous, poisonous, and traitorous Book, entitled The legal fundamental liberties of the people of England, revised, asserted and vindicated, did publish that the Government aforesaid, is tyrannical, usurped, and unlawful; and that the Commons Assembled in Parliament, are not the supreme Authority of this Nation: and further that thou the said John Lilburn as a false Traitor, God before thine eyes not having, but being moved and led by the instigation of the Devil, endeavouring, and maliciously intending, the Government aforesaid, as is aforesaid, well and happily established; thou the said John Lilburn, afterwards (that is to say) the, the aforesaid first day of October 
* Note, that Mr. Lilburn was imprisoned by the Counsel of State as a Traitor, the twenty eight of March 1649. and they there came and after arraign him as a Traitor, for actions done above five months after, waving all the pretended crimes for which they first imprisoned him.  in the year of our Lord 1649. aforesaid, and divers other days and times, as well before as after, at London aforesaid, that is to say, in the parish and ward aforesaid, London aforesaid, maliciously, advisedly, and traitorously didst plot, contrive and endeavour to stir up, and to raise force, against the aforesaid Government, and for the subverting and alteration of the said Government, and to do those wicked, malicious and traitorous advisement to put in execution; etc. and thou the said Jo. Lilburn, afterwards, that is to say, the aforesaid first day of October in the year of our Lord 1649. aforesaid, and divers days and times as well before as after, at London aforesaid, that is to say, in the parish and ward aforesaid, of thy depraved mind, and most wicked imagination, in and by the aforesaid scandalous, poisonous, and traitorous Book, entitled An Impeachment of high Treason against Oliver Cromwell, and his son in law Henry Ireton, Esquires, late members of the late forcibly dissolved House of Commons; presented to puhlike view by Lieutenant Colonel john Lilburn, close prisoner in the Tower of London, for his real, true and zealous affection to the liberties of his native Country; falsely, maliciously, advisedly, and traitorously, didst publicly declare, amongst other things in the said Book, those false, scandalous, malicious and traitorous words following: but my true friends (meaning the friends of the said john Lilburn) I (meaning the foresaid john Lilburn) shall here take upon 
* This passage you may read in that Book page 5.  me the holdness, considering the great distractions of the present times, to give a little further advice to our friends aforesaid, from whose company or society, or from some of them, hath been begun and issued out the most transcendent, clear, rational and just things for the people's liberties and freedoms, That the foresaid John Lilburn, had seen or read in this Nation, as your notable and excellent Petition of May the 20th 1647. burned by the hands of the common-hangman, recorded in my Book called Rash Oaths unwarrantable, page 29, 30, 31, 32, 33, 34, 35. with divers petitions of that nature, and the Petition of the 19th of January 1648. recorded in the following discourse, page 45, 46, 47, 48. and the Masculine Petition of the eleventh of September 1648. so much owned by Petitions out of several Counties, yea, and by the Officers of the Armies large Remonstrance from Saint Alban's, the sixteenth of November 1648. page 67, 68, 69. the substance of all which I (thou the foresaid john Lilburn meaning) conceive is contained in the printed sheet of paper, signed by my fellow prisoners, Mr William Walwin, M. Richard Overton, and M. Thomas Prince and myself, dated the first of May 1649. and entitled the Agreement of the free People of England; which false, scandalous and traitorous Book, called the Agreement of the people of England, tends to the alteration, and subversion of the Government aforesaid; the principles of the foresaid Agreement, I (meaning yourself the said John Lilburn) hope and desire you (the friends of the foresaid John Lilburn meaning) will make the final centre, and unwavering standard of all your desires, hazards and endeavours, as to the future settlement of the Peace and Government of this distressed, wasted, and divided Nation, the firm establishing of the principles therein contained, being that only which will really, and in good earnest marry, and knit that interest, what ever it be that dwells upon them, unto the distressed or oppressed Commons of this Nation.  
But the principles of the foresaid Agreement, being so detestable and abominable to the present 
* These lines are in pag. 7.  ruling men, as that which they know will put a full end to their tyranny and usurpation, and really ease and free the People from oppression and bondage; that it is something dangerous to those that go about the promotion of it; yet I shall advise and exhort you, (meaning the friends of him the aforesaid John Lilburn vigorously to lay all fear aside, and to set on foot the promotion of it (meaning the said Agreement) in the same method we took for the promotion of the foresaid Petition of the ninth of january 1647. laid down in the following discourse, page 23, 24, 25. and write to all your friends in all the Counties of England, to choose out from amongst themselves, and send up some agents to you (two at least, for each County, with money in their pockets to bear their charges) to consider with your called and chosen Agents, of some effectual course, speedily to be taken, for the settling of the principles thereof (meaning the aforesaid false Agreement (devised by yourself, the aforesaid john Lilburn) and to set up the promoting of (the aforesaid feigned Agree. meaning) as that only which in an earthly Government can make you (the aforesaid friends of the said john Lilburn) happier, at least to know one another's minds, in owning and approving the principles of the foresaid false Agreement, that so it may be come to you (meaning the foresaid friends of the foresaid john Lilburn) and all your friends, your centre, standard and banner, to flock together to, in time of those foreign innovations, and domestic insurrections, that are like speedily to bring miseries enough upon this poor distressed Nation (the aforesaid Nation of England again meaning) and vanimously resolve and engage one to another, neither to side with, or fight for, the chimaeras, fooleries, and pride of the present men in power (the aforesaid Parliament of England meaning) nor for the Prince his will, nor any other base interest whatsever, the which if you (the aforesaid friends of the said John Lilburne meaning) should fight for, it would be but an absolute murder of your brethren and Countrymen you know not wherefore) unless he or they will come up to those just, righteous, and equitable principles therein contained, and give rational and good security, for the constant adhering thereunto.  
And upon such terms, I do not see but you may justifiably before God or man, join with the Prince himself, yea, I am sure, a thousand times more justly, than the present Ruling men (upon a large and serious debate) joined with Owen-Roe-Oneale, the grand bloody Rebel in Ireland; who, if we must have a King, I (meaning he the aforesaid john Lilburne) for my part I had rather have the Prince (meaning CHARLES STUART, Son to the late KING, than any man in the world, because of his large pretence of Right, which if he come not in by conquest, by the hands of foreigners (the bare attempting of which, may apparently hazard him the loss of all at once) by glewing together the now divided people, to join as one man against him, but by the hands of Englishmen, by contract upon the premises aforesaid (which is ealy to be done) the people will easily see, that presently thereupon they will enjoy this transcendent benefit (he being at peace with all farraign Nations, and having no Regal pretended competitor) viz. The immediately disbanding of all Armies, and Garrisons, saving the old Cinque-ports, and so those three grand plagues of the people will cease, viz. Freequarter, Taxations, and Excise, by means of which, the people may once again really say, they enjoy something they can in good earnest call their own; whereas for the present Army to set up the pretended false Saint Oliver, (or any other) as their elected King, there will be nothing thereby from the beginning of the Chapter, to the end, thereof, but Wars, and the cutting of throats, year after year; yea, and the absolute keeping up of a perpetual and everlasting Army, under which the people are absolute and perfect slaves and vassals, as by woeful and lamentable experience they now see they perfectly are, which slavery and absolute bondage is like daily to increase, under the present Tyrannical, and Arbitrary new erected, robbing Government, and therefore rouse up your spirits before it be too late, to a vigorous promotion, and settling of the principles of the foresaid Agreement, as the only absolute and perfect means to carry you off all your maladies and distempers.  
Here Lieutenant Colonel Lilburne in the first days reading the Indictment, taking notice of the Judge Thorpe, and Mr Prideaux to whisper together, cried out and said to this effect.  L. Col: Lilburne, 
Hold a while, Hold a while, Let there be no discourse but openly, for my adversaries or persecutors whispering with the Judges, is contrary to the Law of England, And extreme foul and dishonest play, and therefore I pray let me have no more of that injustice.  Mr Attorney, 
It is nothing concerning you (let me give him satisfaction) it is nothing concerning you Mr Lilburne.  L. Col: Lilburne, 
By your favour Mr Prideaux, that is more than I do know, but whether it be or not, by the express Law of England, it ought not to be, therefoe I pray let me have no more of it.  Mr Broughton, 
And further, thou the said John Lilburne stands Indicted, for that thou the aforesaid first day of October, in the year of our Lord, 1649. and divers days and times, as well before as after, in London aforesaid, and in the Parish and ward aforesaid, didst maliciously, advisedly, and traitorously publish another false poisonous, traitorous, and scaudalous Book, Entitled, An outcry of the Youngmen and apprentices of London, Or an inquisition after the lost fundamental Laws and Liberties of England: having these Traitorous and scandalous words (amongst other things) following; that is to say, we (meaning the Young men and Apprentices of London) considering what is before premised, 
* Which words are in pag: 11.  are necessitated and compelled to do the utmost we can for our own preservations, and for the preservation of the Land of our Nativity, and never (by popular Petitions) address ourselves to the men sitting at Westminster any more, or to take any more notice of them, then as of so many Tyrants, and Usurpers; and for the time to come to hinder as much and as far as our poor despised interest will extend to) all other whatsoever from subscribing or presenting any more popular Petitions to them, and only now as our last Paper refuge, mightily to cry out to each other, our intolerable 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 apostatise, but be able by the strength of God, to lay down their very lives for the maintaining of that which they set their hands to: And further, that thou the aforesaid John Lilburne afterwards, that is to say, the aforesaid first day of October, in the year of our Lord, 1649, and divers other days and times as well before as after, not being an Officer or Soldier, or member of the Army aforesaid, at London aforesaid, in the Parish and Ward aforesaid, as a false Traitor did maliciously, advisedly and Traitorously endeavour to stir up a dangerous mutinous, & Traitorous distemper, Mutiny and Rebellion in the Army, now under the Command of Thomas Lord Fairfax, and didst endeavour to draw Thomas Lecoys, john Skinner, and John Top from their obedience to their superior officers, etc. and further, didst deliver unto the three Soldiers before named, the said Book, entitled an Outcry 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 therefore in the earning bowels of love and kindness we entreat and beseech you with patience, and do not abuse us, for complaining and crying out, for the knife hath been very long at the very throats of our liberties and freedoms, and our burdens are too great and many for us, we are not able to bear them and contain ourselves; our oppressions are even ready to make us despair (or forthwith to fly to the prime laws of nature, viz. the next violent remedy at hand, light where it will, or upon whom it will) they are become as devouring fire in our bosoms ready to burn us up, rendering us desperate and careless 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 do and must endure, by sensiable seeing and beholding, not only the dying, but the daily burial of our native liberties and freedoms, that we care not what become of us, seeing that we are put into that original 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 landmarks, 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 pity we had rather die then live this life of a languishing death, in which our Masters possess 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 domestic broils, wars and bloudsheds (wherein we are sure our bodies must be the principal butts) but to foreign invasions by France, Spain, Denmark, Swethland, etc. as was well observed by an endeared and faithful friend of the forementioned late treacherously defeated party at Burford, in their Book of the twentieth of August 1649. Entitled the Levellers vindicated, or the case of the twelve Troops truly stated; Page eleven and twelve, which we cannot but seriously recommend with them, to your serious perusal and judgement, and desire to know of you (but especially the private Soldiers of the Gen. Regiment of horse, who we understand, had a hand in seizing upon and plundering our true friends at Burford) whether you do own the abominable and palpable treacherous deal of your General, and Lieutenant General Cromwell, and their perfidious Officers with them or no? (that so we may not condemn the innocent with the guilty, and may know our friends from our foes) as also to tell us, whether you do approve of the total defection of your Army, under which it now lieth, from their faith and fall'n 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 floodgate of tyrannies are let in upon us, and over-whelme us, and whether you (the aforesaid private Soldier's meaning) justify all those actions done in the name of the Army, upon your account, and under the pretence of that Engagement, since the Engagement itself was broken, and your Council of Adjutators dissolved? And whether you will hold up your Swords to maitain the total dissolution of the People choicest interest of freedom; viz. Frequent and successive Parliaments, by an Agreement of the People, or obstruct the annual succession? Whether you do allow of the late shedding the blood of War in time of Peace, to the subversion of all our laws and liberties? And whether you do countenance the extirpation of the fundamental freedoms of this Commonwealth; as the revocation and nullity of the great Charter of England, the Petition of Right, & c.? And whether you do assent to the erection of Arbitrary prerogative Courts, that have or shall overrule, or make void our ancient way of trials in criminal cases, by a Jury of twelve men of the neighbourhood? And whether you will assist or join in the forcible obstruction of this Marshal and tyrannical 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 freedoms and settlement of our peace (your plenty and prosperity) according as it was offered by the four 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 feigned Agreement meaning) lastly, we (the aforesaid young men and Apprentices of London meaning) earnestly beseech you, (the aforesaid private Soldiers 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 removal of those Iron bonds and yokes of oppression (the aforesaid Government in way of a Commonwealth and Council of State meaning) that have thus enforced us to complain and address ourselves thus to your consideration; for we (the aforesaid young men and Apprentices again meaning) cannot choose but acquaint you (the aforesaid private Soldiers again meaning (that we are seriously resolved through the strength and assistance of God, with all the interest we have in the world, to adhere to the righteous things, contained in our treacherously defeted forementioned friends vindication, (the aforesaid traitorous Book, entitled, The Levellers vindicated, or the case of the twelve Troopers truly stated again meaning) And further, thou the said john Lilburn as a false Traitor, by most wicked traitorous conspiracies, designs 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 divers other days and times, as well before as after, didst in the parish and ward of London aforesaid, in and by the aforesaid scandalous, poisonous and traitorous Book, entitled An Impeachment of high Treason against Oliver Cromwell, and his Son-in-law Henry Ireton, etc. most falsely, maliciously and traitorously publish, and openly declare amongst other things, in the said Book, these following, scandalous, treacherous, tumultuous and traitorous clauses and words following, that is to say, But I (meaning thyself the said john 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 General of the Nations forces (the Forces of this Natieon of England meaning) for he (the aforesaid Captain General meaning) is no General, but is merely a great Tyrant (meaning the aforesaid Capt. General) standing by the power of his own will and a strong sword, borne by his vassals, slaves, and creatures (the Soldiers of the Army aforesaid meaning) having no Commission to be General, either from the Law or the Parliament, nor from the prime laws of Nature & reason. For first, when he was made General by both houses of Parliament, it was expressly against the letter of the Laws. And secondly, when he refused to disband etc. he hath rebelled against his Parliament Commission, and thereby destroyed, and annihilated it, etc.  
The Reader is desired to take notice, that in the Indictment itself, there was a great many other things then in this is expressed, as particularly, divers passages out of a book called Mr. Lilburnes, Entitled, The Legal Fundamental liberties of England revived, etc. as also out of another book Entitled, A preparative to an Hue and Cry after Sir Arthur Haslerig, etc. as also out of The Agreement of the People of the first of May 1649. with several other remarkable things in matter and form, that was more neglected to be taken then the plead, 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 freeman of England, and Copies of them to be denied to none that desire to take them; but that Privilege being already in this Cause disputed and denied, 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 Traitor, all and singular the clauses and English words abovesaid, and many other traitorous, poisonous and malicious expressions, in and by the aforesaid writings, and by the aforesaid several books, as aforesaid recorded, and by thee the aforesaid John Lilburne, published and openly declared in the several books so as aforesaid printed, and by the aforesaid wrighting, and by thee the aforesaid John Lilburne, in manner and form aforesaid, published, and openly divusged and declared divers other scandalous, malicious, tumultuous and treacherous clauses, and words in the said 〈…〉 contained, falsely, maliciously, advisedly and traitorously, hast publ〈…〉 and openly declared, to the intent to stir up, and raise forces against 〈…〉 Government aforesaid, in the way of a Commonwealth, 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 took, Thomas Lewis and John Skinner, and 〈…〉 other Soldiers from their obedience to their superior Officers and 〈◊〉 Commanders, and to set them in mutiny and rebellion against the public peace, and to manifest contempt of the Laws of this Commonwealth, and free State, and against the form 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 hear, 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 yourself, we will quiet them for you.  Braughton. 
Which Country are you? so that you are to find whither he is guilty or no, he having already pleaded, Not Guilty. If you find that he is Guilty of any of the high Treasons laid to his Charge, than you are to inquire what goods, Lands, or Chattels he stood possessed of, when he committed the said high Treasons; but if you find him not Guilty, you shall then enqnire whither he did not fly for it, and if he did not fly for it, Than you are to say so and no more, therefore harken 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. john 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 appeal 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 privilege as my Lord Duke of Hambleton, and others enjoyed, 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 assign and plead to the errors thereof.  L. Keeble. 
You must hear us, we hear you, a word is a great deal, these things we have taken perfect notice of, the Court is not ignorant of them.  
Therefore they need not so suddenly be repeated to us again, you need not repeat these things; for I tell you agan●, they are all fresh in our memories, and that we have done we must maintain, 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 Council assigned me.  L. Keeble. 
You shall have the Laws 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 years, go on.  
My Lord, 
Mr. the Council that was an assistant to Mr. Prideaux.  The prisoner at the Barstands Indicted as a Traitor, for that he contriving, and maliciously intending not only to disturb the public Peace; but also to bring the Government of the Nation happily settled in a free State, or Commonwealth, 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, falsely and maliciously, advisedly and traitorously 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 son in law Henry Ireton, and another book of his Entitled An Outcry of the young men, and Apprentices of London, directed to all the private Soldiers of the Army, etc. a third, A preparative to an Hue and Cry after Sir Arthur Haslerig, and a fourth The legal fundamental liberties of the people of England revived, that he did in these books publish, that the said Government is tyrannical, usurped and unlawful; and that the Commons in Parliament assembled, are not the Supreme authority of this Nation; he stands further indicted, that he as a false Traitor did maliciously, advisedly and traitorously 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 traitorous designs, he did in and by the said traitorous Books, falsely, maliciously and advisedly, utter and declare several most false and scandalous, malicious and traitorous words and writings, that in the Indictment are particularly named and expressed. And thirdly, that as a Traitor not being an Officer, nor a Soldier, or a member of the Army under the Command of the now Lord General Fairfax, he did most maliciously and traitorously endeavour, to withdraw certain Soldiers of that Army from their obedience to their superior Officers, which are particularly named in the Indictment, and that for the full accomplishment of his contrivances and endeavours, he did maliciously, advisedly and traitorously publish, and deliver the poisonous book called An Impeachment, and in particular directed by the Title of the book, to all the people of England, being for that end published by him to public view; in which Book are contained, most false and scandalous, malicious, mutinous and traitorous 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 tyrannical and usurped, and that the Commons of England in Parliament assembled, are not the Supreme 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 falsely, maliciously and traitorously stirred up strife on purpose, and to the intent, to stir up and raise force against the present Government, settled in the way of a Commonwealth and free State, without King and Lords, on purpose, it to subvert and destroy. And further, he hath also most traitorously endeavoured to withdraw the private Soldiers from their obedience and subjection to their superior Officers; and all this in manifest contempt of the Laws of this Commonwealth, in that behalf made and provided, and to the hazard 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 extremely wrongs me in saying so, for my Plea was a conditional Plea, as a Plea at large.  Mr. Attorney. 
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 says, that he did not plead not Guilty, and I hope he is ashamed of his Plea, now he hears the Indictment opened unto him. My Lord, in this Indictment there is contained these several Grand Treasons.  
The first is, that he hath advisedly, traitorously, and maliciously published, that the Government that is now established, by way of a free State or Commonwealth, without either King or house of Lords, is tirannic all, usurped and unlawful; and further, that the present Parliament now assembled, arr not the Supreme authority of the Nation.  
The second is this, that he hath plotted, contrived and endeavoured, to stir 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 Soldier or member of the present Army, hath offered to stir up mutiny in the Army, and to withdraw the Soldiers from their obedience and subjection to their superior Officer, and thereby to stir them up to mutiny and discontent.  
These are the main parts, and substance of what I intent 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 traitorous to the public, and have been so declared, so judged, so executed, these are here Mr lilburn's engaged true friends; the Parliament, the Government, the Authority, of both Parliament and Army, they are Tyrants, Usurpers, Mercenaries, Janissaries, Murderers, Traitors, 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 Books themselves aggravates every thing against him; and I think there is no English- man (as Mr. Lilburn so often styles 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 Civil 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 plain, and the matter so foul, that it will not admit over much stand in need of any dispute, and to make it plain and clear 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 traitorously, I shall not catch at words, but as himself says, 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 withal, is that which is called An Outcry, it hath a very dangerous Title, and in the Direction especially to the Soldiers of the Army, but especially to the private Soldiers of the General's Regiment of horse, that helped to plunder the true hearted English- mwn, traitorously defeated at Burford, so that the Rebels at Burford were Mr. lilburn's dear 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. jones associate in the publishing that Book; For Mr. Lilburn and this Capt. jones brought this Book to the press to be Printed, we shall offer unte yond where he hath published it to Soldiers of the Army, to engage them in a mutiny, and discontent against their superior Officers; therefore in the first place call Thomas Newcombe.  Thomas Newcombe sworn. Iust. Iermin 
Before you speak look upon the prisoner first, whether you know him or not.  Mr. Attorney. 
My Lord, if you please, he may take the book in his hand, and see whether he printed it, and when he printed it, and who brought it to the press?  Mr. Newcombe. 
I Printed of this Book only the last sheet, not knowing where the former part of it was done, which Book was brought to me by Leiut. Col. Lilburn, and Capt. jones, which Capt. jones did agree with me in the price, I was stopped in the proceed in it: I say, that Capt. jones together with Leiut. Col. Lilburn did bring it to me, and that Capt. jones did agree with me in the price, but I was taken before I did perfect it, but Capt. jones did indent with me for the price; but this I must say, Leiut. Col. Lilburne came alone with the Copy, and afterwards at night he came again, and had a proof of it, and that he was present when it was corrected.  Mr. Attorney. 
And when the first sheet was printed, than they came at night again, and examined the proof with Capt. jones, and his Corrector.  L. Keeble. 
And he brought the Copy of the whole draught of the Book unto you.  Leiut. Col. Lilb. 
Sir by your favour, if Mr. Prideaux have done with the Witness, I crave my right by Law to ask him some questions. In the first place, I desire he may be asked, whether I was either reader of the Original Copy, or the over-looker of the printed proof?  Mr. Newcombe. 
You had a printed sheet of it and that was all.  Leiut. Col. Lilb. 
I desire to know, whether I was either the reader of that he printed, or the looker upon the written Copy?  Mr. Newcombe. 
You looked upon the sheet that was printed, Capt. jones read the manuscript.  Leiut. Col. Lilb. 
Ask him the question thus, whether was I the Corrector of the thing printed, or the looker on upon the printed Copy? And whether or no he can swear, That that printed sheet that he says I had, was corrected and revized, and was a true and perfect sheet according to the Original?  Mr. Newcombe. 
It was a Copy of the sheet before it was corrected or revized.  Mr. Attorney. 
And Mr. jones did read the Original, and Leiut. Col. Lilburn corrected the Copy.  Leiut. Col Lilb. 
Under favour you are mistaken, he says, that I cast my eye upon the Copy; but doth not in the least say, that I corrected it; and therefore Sir, you do abuse me, in going about to make him say more than his own Conscience tells him is truth.  L. Keeble. 
While the examination was, he saith you read the proof.  L. Col. Lilb. 
Sir, he says no such thing by your favour.  L. Keeble. 
Mr. Newcombe, was not Mr. Lilburne there the second time at night, and did he not look upon the Copy?  Mr. Newcombe. 
That he did my Lord, but my Lord I shall tell you the manner of our Trade in this particular, the manner is, that after we have set a form of the letter, we make a proof of it, which proof we have a Corrector does read, my Corrector he had one being he Corrected it, and Capt. jones looked upon the Manuscript, and L. Col. Lilburne had a Copy of the same sheet uncorrected, but he did not correct it, nor read to the Corrector; there was two pulled off, the Corrector had one, and Mr. Lilburne had the other, and Capt, jones looked upon the Manuscript, and read it to the Corrector.  Leiut. Col. Lilb. 
He has declared unto you, That he was taken printing the thing before it was perfected, I desire to knws, whether I was at his house to give any further directions at all after it was taken?  Mr. Attorney. 
That's no thanks neither to you nor him.  Leiut. Col. Lilb. 
I pray let him answer the thing, let me have fair play above board. Sir, I beseech you let me hold him close to the question, he says he was taken before the sheet was perfected, truly I think they are his very words.  Mr. Newcomb. 
I said in my examination, that it was a proof of that printed which you had.  Leiut. Col. Lilb. 
I desire again to know this of him, whether before he had printed or perfected that sheet, he had doing, he was not taken, and both the forms?  L. Keeble. 
Mr. Lilburn, you must desire to ask him the question, and not you to demand it of him yourself.  Mr. Lilb. 
I shall Sir,  Mr. Newcombe. 
It was before the forms were taken.  Leiut. Col. Lilb. 
I ask you, whether before the things were complete and perfect, your forms were not both taken, and your person seized upon?  Mr. Newcombe. 
There were only some few Copies printed, and then I was seized upon, and the forms taken away before I had perfected the sheet; but this I say, he did not indent with me for the price, neither had I the Copy from Mr. lilburn's hands, but from Capt. jones his hands.  Iust. Jermin. 
You say that he had one proof, and jones another, when was this you speak of? give us the time as near at you can?  Mr. Newcombe. 
I can not say justly the time, but as I remember, it was about 7 or 8 weeks since.  Mr. Attorney. 
Stand you aside, and call john took, john Skinner, Thomas Lewis, john Hawkins and john Merriman, Witnesses sworn.  Mr. Attorney. 
john took, Do you declare now your knowledge. That which I call him for, is to this purpose, that Mr. took being a Soldier of the Army, one of them mentioned in the Judictment, Mr. Lilburne delivered him one of the Outcries, on purpose to draw him from his obedicence to his superior Officers.  L. Keeble. 
Show him the Book.  Mr. took. 
I have seen the Book, but I had not the Book in my hand before.  Mr. Attorney. 
Tell what you know, that's all we ask you.  Mr. took. 
About seven weeks ago, being at dinner with Thomas Lewis and john Smith, all Soldiers, after dinner we met with Leiut Col. Lilburn in Ivy-lane, and Thomas Lewis knowing of him, took acquaintance of him.  Iust. Iermin. 
All Soldier under my Lord General Fairfax?  Mr. took. 
Yes Sir.  Iust. Iermin. 
Go on.  Mr. took. 
Mr. Lilburn asked me to go and drink a cup of beer; we did so, and so when we went in, he asked, whether we had seen such a book as the Apprentizes Outcry? And Mr. Lewis answered, that he had seen it in a man's hand, then Leiut. Col. Lilburn, said, he had one in his packet that was given him, and if he pleased to accept of it he would give it him; so told him he had thought to buy one of them; for he heard they were sold in the City, but he would accept of his; So Mr. Lilburn delivered it to Mr. Lewis.  Mr. Attorney. 
What did Master Lilburne say further unto you?  Mr. took. 
He said, that you Soldiers keep us all in slavery.  Leiut. Col. Lilburne 
I beseech you, let me ask him one Question.  Mr. took. 
There was some to be sold, bat I forgot the place.  Mr. Aturny. 
Did he name a place and person to you where you might have some of them.  Mr. Cook. 
He did name a place, but I have forgot it, where there were more books to be sold.  L. Col. Lilb. 
Sir I beseech you let me ask you one question.—  Lord Keble. 
Mr. Lilburn, for your direction you must make your question to us, and require us to ask him the question, and then if your question be fair, it shall not he denied you.—  L. Col. Lilb. 
Then thus: whatsoever this Gentleman says of meeting him in Ivy lane, and desiring him to go to drink with me, yet I desire you to ask him whether I did take notice or cogniz●●ice of any of them first, or whether they did speak to me before, before ever I said any thing unto them.—  Lo. Keble. 
To what end do you ask this.—  L. Col. Lilb. 
Because in your Indictment I am charged that I went among the Soldiers to seduce them from their obedience to their superior Officers, when I have made it my endeavour to shun them as much as I can, and not to come nigh the place where I know they are, if I can avoid it, no although I meet with them, not to discourse with any of them, unless they begin first.—  Lord Keble. 
I tell you this which may direct you afterwards, whosoever began to discourse first, if you did give them the book afterwards, it is all one.  L. Col. Lil. 
But shall please you I am upon my life, and by law I ought not to be denied, to ask the witnesses that swear against me any question that I please, that I myself judge pertinent for my advantage.  Mr. Aturney. 
Call Thomas Lewis.  Thomas Lewis. 
And it shall please you, I am upon my oath to speak the truth, and I shall desire by the hlpe of God so to do, and no more. One day which I conceive to my remembrance, was the 6. day of Septemb. last, we being upon a Guard at Paul's, went to an house to refresh ourselves, & when I came forth, I met with Lieut. Coll. John Lilburn, whom I had formerly known, and sometimes visited in his imprisonment, and whom I was very glad to see, having a little before heard as though some sudden accident or mischance had befallen him, and I did ask of him how he did, he said unto me he was well; and so with that says he, what are you upon the guard, to my best remembrance this was his expression, yet see whether it was he, or another that said it, as I take it. These were his words, says ●e, I have almost forgotten you: Sir, I was known to you formerly, having sometimes been with you in the Tower; says he, will you go drink? if you please we will, and so upon that we went to a place called the Red Cross in Newgate-market: and there were sitting down to drink, having not much discourse for the present, we sitting still, he asked me at length, have you heard of a book called the Outcry of the Apprentices? Sir said I, I have heard of it, and have a louging desire to buy one of them to rend it, and my reason why I so said, was because I did underst and it was to be sold at the Exchange, there I intended to go to get one of them: Says he, I had one given to me, & if you will, I will give it unto you, so I received the book with thankfulness, and further expressing, which was something mean, it would save me a penny in buying of it. And I further entreated him, if he could direct me, where I might buy some more of them: I have a friend says be in such a place, if you would go to him, and tell him that I am here, I should think myself beholding to you; Now the places name was Martin's lane, bub the man's name whether I went, I have forgot, and the man too, I never heard of the man before nor since, so I told Mr. Lilburn. Now he said to me, peradventure when you find that man, you may have some more of the books; now these were the words to my best remembrance and knowledge, as I desire to speak with a pure conscience.  Mr. Aturny. 
Mr. Lilburn gave you one of those books.  Mr. Lewis. 
Yes Sir, and I put it into my pocket, and when I had done, Mr.— he will deliver him.—  
Whether there was any Books or passages betwixt them; and upon which he told him, yes, There is a book that Mr. Lewis has, that has such a title.  Mr. Attorney. 
What did you with the book.—  Mr. Lewis. 
I delivered it to the Lieutenant.—  Mr. Atturn. 
The same book that you received from Mr. Lilburn, you delivered to the Lieutenant.  Mr. Attorney. 
What did L. Col. Lilb. say to you concerning your pay, did not he ask you, etc.  L. Col. Lilb. 
I pray Sir do not direct him what to say, but leave him ●o his own conscience and memory, and make him not for fear to swear more than his own conscience freely tells him is true.  Mr. Lewis. 
The discourse was thus; says he, you soldiers (to my best remembrance) are the men that keep us all in slavery; now what to conceive of that expression I must leave that unto you: And as concerning our pay, he asked us, how is your pay? these were the words, or to that effect, but there was money come for us, and ready to be delivered out unto us.  Mr. Atturn. 
Call John Skinner, 〈◊〉 was one of those that was in companies and can speak to it.  Mr. Skinner. 
To my best remembrance, & it shall please you, 'twas the beginning of Septemb. I cannot justly tell what day, that I met with Mr. Lilburn in Ivy-lane, near unto Paul's, and meeting with him, I was going towards the Guard, and so was Mr. Lewis with me, being walking forth of the Lane, having been refreshing ourselves; and near the end of the Lane, we met Lieu. Col. Lilburn, which Lieut. Col. Mr. Lewis very well knew, and knowing of him, asked him how he did, and how it went with him, in regard he had heard before he was in prison; and so I did not take any heed what he said further, neither do I know whether Mr. Lewis asked Mr. Lilburn to go with him to drink, or Mr. Lilburn asked him; but to the Red Cross in Newgate-market we went to drink, and Mr. Lilburn did ask Mr. Lewis whether or no he had seen the book which was called the Apprentices Outcry: Mr. Lewis answered him that he had not seen the book (as I remember) but he had heard of that book that it was forth, & he did intent to buy one of them in regard they were publicly sold abroad; says Mr. Lilburn, I have such a book in my pocket, which was given me even now, and I will give it you if you will.  L. Col. Lilb. 
I pray let me hear two or three lines before.  Mr. Skinner. 
Whereupon you answered, and said, I have the book in my pocket, and it was given me, and I will give it you, and Mr. Lewis received it, and that was all, and presently I went away.  Mr. Attorney. 
You hear Gentlemen of the Jury, that it is the same book that he received from the hands of Lieut. Col. John Lilburn.  L. Col. Lilb. 
My Lord, I beseech you hear me before the Witnesses go, and he that was sworn before, I desire to ask him this question, whether or no that this is the very book that is mentioned in the Indictment, and whether or no they have examined the words of it with the Indictment.  Mr. Prideaux. 
You need not, that shall be proved presently.  Mr. Attorney. 
That book which Mr. Lilburn gave you, what did you with it Mr. Skinner: It was delivered unto my Lieutenant, who stands there.  Lieut. 
It was delivered unto my Captain upon the Guard.  Capt. Meriman. 
took the book in his hand, and said, this individual book, signed in several places by me, I delivered to Mr. Frost, Secretary to the Council of State, and Mr. Frost caused me to sign it in several places, whereby it could not be mistaken, and that is the very individual book.  Mr. Attorney. 
My Lords, and you Gentlemen of the Jury, we have thus far gone in the Evidence, that Mr. Lilburn brought the last sheet● of it to the Press, the first time he came with Captain Jones, and he came the second time with him to examine it, that is, he had a printed Copy that was then printing, to be printed, and was the Corrector for the Press, reading the Original copy: so fare he is privy to the printing of the book. In the next place three witnesses, (Soldiers of the Arm●●) swears, he gave them one of these books, and one of them gave it to his Lieut. and the Lieut. to the Captain, and the Captain swears this individual book is that which Master Lilburn gave into the hands of Mr. Lewis; what can be more plain than this, I pray you Judge; for here is plain testimory of Mr. lilburn's delivering this O●●ery to the 3. Soldiers, & one of them to his Lieut. & his Lieutenant to his Captain, and his Captain to Mr. Frost, with makes upon it, so this is by consequence proved unto you, this is the individual book, that Mr Lilburn, prisoner at the Bar gave to the 3. Soldiers, and which is to be made use of, when you have occasion upon the evidence, to read it as now it is in the Court with you.  L. Col. Lilb. 
By your favour I have had no answer to the question that I humbly craved an answer to, which is, whether the Soldiers are positively able to swear, that this is the individual book which they say they had from my hands, and whether they are able to swear that this individual book is a true and exact copy without addition or subscription of that original manuscript that the Printer saith Captain Jones delivered to his hands, which he saith I had an uncorrected sheet of.  Mr. Attur. 
We shall clear that to you, when we come to make use of it.  L. Col. Lilb. 
I beseech you Gentlemen of the Jury to take notice of my question, and what I am denied.  Mr. Prideaux. 
The next thing that is charged upon him, is a paper writer, and irtituled, a sally & libertate, my Lord shall open the thing to you being direct a (my Lord) for the prosecution of Mr. Lilburn: and having things of very high concernment that are charged against him, I did by word of mouth send to have him come to me, which I understood he did decline, because he had no warrant; The Liut. of the Tower was pleased to acquaint me with it, and I thereupon directed my warrant to the Lieutenant to being him before me: and Mr. Lilburn, etc.  L. C. Lilb. 
My 
† This was the first or second time that Mr. lilburn's tongue slipped in calling him Lord.  Lord, and please your honours, thus, if we be upon matter of fact, let us come to it, let us have no introduction to teach the witnesses what to say, beyond what their own consciences dictates unto them.  Mr. Attorney. 
I shall go no further in it, let the Lieutenant of the Tower speak himself.  The Lieutenant of the Tower sworn. Mr. Attorney. 
Lieut. of the Tower you are questioned about the falvo libertate that Mr. Lilburn delivered unto you, have you the original?  Lieut. Tower. 
Yes Sir, I have.  Mr. Attorney. 
How come you by it?  Lieut. Tower. 
I shall be short in what I say, because I will not trouble the Court.  L. Coll. Lilb. 
Let me hear you then.  Lieut. Tower. 
Being abroad, there was a message left with my servants, that I should bring up Lieut. Col. Lilb. to Mr. Attorney's chamber in the Temple, and when I came in, I had notice of it: I did then send to Lieut. Col. John Lilburn, to let him know what command I had reciived from the Attorney general, the next day to carry up Lieut. Col. John Lilburn to the Attorney General's chamber: But Lieus. Col. Lilburn not well understanding whether I had a written warrant or no; but before he came at home he recalled himself, and came back, and desired the sight of my warrant, I told you before I had no warrant, but by word of mouth; why says he, do you think I will go upon a verbal Warrant? saith he, I will not go unless you force me; but the next day Mr. Attorney General was acquainted that he refused to come without a warrnnt. When the Warrant was made, I met with Lieut. Col. Lilburn about 10. of the clock in the Tower, who entreated me to let him see it. I shown it him, he read it, he desired a copy of it, takes it; which when he had, he went from me, and about two hours after he came to me about one of the clock, and said I— pray receive this from me, for says he I do intond not to own the Authority and power of that Gentleman that since me the Warrant, whereupon I told him I would show this same to the Aturny General, why says he, I give you it to that purpose.  
When the time came, Lieut. Col. Lilourn did go along with me in an orderly civil way: I had no body but my man, for I told him I will take no body but my man, if you will engage yourself to me that you will return peaceably, which be did, and so we went very orderly to Mr. Attorney's Chamber, which is all for that I can say.  Mr. Aturny. 
If you please that the Lieutenant may upon his oath declare whether that be the true Original he had from Mr. Lilburn's own hands or no?  Lieut. Tower. 
It was never out of my custody since he gave it me.  Lord Keble. 
Mr. Lilburn, you do acknowledge it to be your own hand-writing, show it him.  Lieut. Col. Lilb. 
Sir. I am too old with such simple begins to be catched, I will cast mine eyes upon none of your papers, neither shall I answer to any questions that concern myself; I have learned more law out of the Petition of Right, and Christ's pleading before Pilate, than so.  Mr. Attorney. 
Would you had learnt more Gospel.  Judge Jermin. 
You may answer a question whether it be true or false, and confess, and glorify 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 own hand, & that is sufficient, as well as if it was of his own hand-writing.  L. Col. Lilb. 
Good Sir, your verbal 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 book.  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. tower. 
The place was at the steps, at the bottom 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 Overbury's 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. Attorney. 
My Lord, you may see the valiantness of this Champion for the people's liberties, that will not own his own hand although I must desire you Gentlemen of the Jury to observe, that Mr. Lilburn implicitly 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. Attorney. 
My Lord, the next thing to prove the charge against him is a very high one, it is styled Master Lilburnes, and his name is to it: It is entitled, An Impeachment of High Treason against Oliver Cromwell, and his Son in law, Henry Ireton, Esquires, late members of the late forcibly dissolved House of Commons, presented to public view by Lieut. Coll. John Lilburn, close prisoner in the Tower of London: My Lord, I doubt he will not own it, but yet my Lord he may be asked the question.  L. Coll. Lilb. 
I shall deny nothing I do: And yet I have read the Petition of Right, Sir, that teacheth me to answer to no questions against, or concerning myself, and I have read of the same to be practised by Christ and his Apostles.  Mr. Attorney. 
You will not own it, the book you have read?  L. Col. Lil. 
You may make your advantage of it.  Mr. Attorney. 
We shall prove it, call  Witnesses. Thomas Daffern, Richard Lander, Martial, Major Hawksworth, Governor of Warwick-Castle, all sworn. Mr, Attorney. 
Mr. Daffern, if you please, he may be asked where he met Mr. Lilburn, the time when, what book was given him, and to what purpose it was given him.  Mr. Daffern. 
Why, it was upon the 12. of August last; having been in Southwark, I met with Lieutenant Col. Lilburn upon the Bridge, I went bacl with him to his house at Winchester-house in Southwark, he had leave to visit his Family at that time, being very sick, and I told him I was going into  the next day: and he 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 book that he gave you, you gave to the Governor, 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. Attorney. 
Lander the Marshal was present at that time, was he not?  Mr. Lander 
That I was, and I had it from him, and I delivered the book to Major Hawksworth the Governor.  Mr. Attorney. 
Major Hawksworth, what did you do with the book?  Major Hawksw. 
I sent it to Colonel Purfrey, in a paper sealed with three or four seals.  Mr. Attorney. 
Call Col. Purfrey: Col. Purfrey sworn.  L. Col. Lilb. 
I heat 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 witness against me; it would have been very hard for the King to have been a witness against that man that was indicted for committing crimes against him; such a thing in all his Reign was never known.  Col. Purfrey. 
I received this book, sealed in a letter from the Governor of Warwick-Castle, Major Hawksworth, I know his hand, and I know the day he sent me this very individual Book, and my hand is at it, & the Governor who sent it up to me, which I declare to be the very individual book that I received from him.  Mr. Attorney. 
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 books, seeing your hand is to them; my Lord, I had though the great Champion of England would not be ashamed to own his own hand.  L. Col. Lilb. 
I have answered once for all, I am upon Christ's terms, when Pilate asked him whether he was the Son of God, and adjured him to tell him whether he was or no: he replied, thou sayest it: so say I, thou Mr. Prideaux sayest it, they are my books; but prove it, & when that is done, I have a life to lay down to justify whatsoever can be proved mine.  Judge 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 myself better.  Mr. Attur. 
Here Mr. Lilburn makes a book which was given to the hands of Mr. Daffern, by Mr. Lilburn himself, Mr. Daffern he swears that the same book he gave to Col. Airs: Mr. L●nder the Marshal of the Garrison of Warwick, swears that the same book Daffern gave to Coll. Eyre's, he had from him, & gave to Major Hawksworth the Governor; the Governor swore that that book he received from the Marshal, he sent sealed up in a letter to Mr. Purfrey, who also swears that that same book he set his hand to it to know it again by, and that the individual book that is now given into your hands, is the same book that was delivered to him; The Title is an Impeachment of high Treason against Oliver Cromwell, Esquire.  L. Col. Lilb. 
Sir, I wonder you are not ashamed so fare to press the testimony beyond that they themselves swears, Mr. Daffern doth not name the book at all that was given to him, neither doth he swear it to be mine, and therefore Sir you abuse yourself, the Court, the witness, and me too.  Mr. Attorney. 
Master Lilburn, I have done you right in it, and no wrong at all; for Colonel Purfoy doth name it; The next is a very dangerous book of his, called A preparative to the Hue and Cry after Sir Arthur Haslerig. Mr. Lieutenant of the Tower, you are upon your Oath, I pray you speak your knowledge to that.  Lieut. of the Tower. 
My Lord, it is true, Lieutenant Colonel Lilburne gave me in the Tower such a book, but I cannot say, whether that be the same Book that he delivered to me, or no, I have such a book also at home, but I am not able to say that is the very Book he gave me, and whether this be the same book, I know not.  Mr. Prideaux. 
Call Mr. Nutleigh and Mr. Radney.  Master Nutleigh sworn. L. Col. Lilb. 
I pray let the witnesses stand here, the Jury say they cannot hear them.  Edward Radney called and sworn. L. Col. Lilb. 
I pray you let me know what these Gentlemen are, I do not know them, neither can I remember at present that ever I saw them before.  Lord Keble. 
You see they look like men of quality.  Mr. Prideaux, 
They are my sorvants Mr. Lilburn.  Mr. Nutleigh. 
My Lord, and 
† But Mr. Lilburn hath been heard to profess, he see not those Gentlemen in the Chamber that he discoursed with Mr. Prideaux in, although he looked divers times about him.  please your Lordship, the 14. of Septemb. last, the prisoner at the Bar, Lieutenans Col. John Lilburn, being before Mr. Attorney General: And I being by in the chamber, I did see him deliver this Book to Master Attorney General, this specifical book, and he did own it, and called himself the Author of it, save only the Erratas of the Printer.  L. Gol. Lilb. 
The last Clause, I beseech you Sir, the Jury desires to hear the last Clause.  Mr. Nutleigh. 
My Lord 
† That is an errand lie; for divers that heard the words, aver them to be thus: it is my book, and I will 〈◊〉 it, and so it might be, although he had bought it. , he said he was the Author of that Book, the ERRATAS of the PRINTER excepted.  Lieut. Col. Lilburne. 
Let him be asked this question, whether in that expression, saving the Erratas of the Printer, there did not follow these words, which are many: I desire to know whether there were not such words or no.  M. Radney. 
I was present, my Lord, when the prisoner at the Bar presented this book to Mr. Attorney, and owned it, saving the Erratas of the Printer.  L. Col. Lilb 
Were there no more words?  Mr. Radney. 
Not to my remembrance, and so said they both.  Lieutenant of the Tower. 
My Lord, I was present at the same time, wh●●. Lieutenant Colonel Lilburne did present a book to M●ster Attorney General, with such a Title as this: And truly if I be not much mistaken, there was used by him these words, which are many: Thus it was in the whole; Says he, here is a book which is mine, which I will own, the Erratas or Errors of the Printer excepted, which are many, if I mistake not very much, those are the very words Master Lilburne said.  Mr. Attorney. 
My Lords, and you Gentlemen of the Jury, you see that here are th●e● Witnesses, and they do all agree, and they do all agree in this, that Master Lilburne the prisoner at the Bar did deliver this Book to me, owning it as his 
† So is an Ox, a man buys with his money, it is his own, and so is a gold ring he finds, after he ●ath found it, it is his own, and yet it doth not follow, that the owner either begot the Ox, or made the gold ring.  own, the Errors or Erratas of the Printer only excepted: And as for that Clause which are many, only the Lieutenant of the Tower swears to that singly, and therefore I desire it may remain in Court, as that individual Book that th●y see Master Lilburne give me. But my Lord, there is another Book in the Indictment, entitled the legal fundamental Liberty of the people of ENGLAND 〈…〉 and asserted: Or, An Epistle written the eight of June, 16●9, by Lieutenant Colonel JOHN LILB●RN, to Mr. WILLIAM LENTHALL, Speaker to the re●●●●●er of those few Knights, Citizens', and Burgesses, that Colonel THOMAS PRIDE at his late purge thought convenient to leave sitting at Westminster. My Lords, for this Book it owns Master Lilburn, if be will own it, it hath his 〈◊〉 to it; but I have my lesson from him: My Lord, he will own nothing, he will publish enough, but my Lord ●e will not own it 〈…〉 questioned for it; that is not the true principle of a true Christian, nor an Englishman, nor a Gentleman.  L. Col. Lilb 
I deny nothing by your favour.  Mr. Attorney. 
And confess as little: My Lord, for this you have two books in proof before you: The preparative to the Hue and Cry and the Salva Libertate owns these very individual books; for the Preparative to the Hue and Cry in the Marginal note, at the second page, owns and avows this book, called The Lagall Fundamental, etc. to be Master lilburn's: And Master Lilburn himself did own the Preparative to the 〈◊〉 Cry before three Witnesses to be his: and therefore the Salva Libercate, M. lieutenant of the Tower hath sworn that he received it from his own h●nds.  
My Lords, as for this book, the Salva, which he does not acknowledge, We shall read the words in the Indictment, although it had been as ingnevous for Master Lilburn to have confessed it, as for us to have proved it, and for the proof of it read the Title.  Clerk. The Title read. 
A preparative to an Hue and Cry after Sir Arthur Haslerig a late Number of the forceably dissolved House of Commons, and now the present wicked, bloody, and tyrannical Governor of Newcastle upon Tyne.  Mr. Prideaux. 
Read the Marginal note in page 2.  Clerk. 
Page 2. in the Margin.  
That those men that now sit at Westminster are no Parliament, either upon the principles of law and reason; see my argument or reasons therefore in my second Edition of my Book of the 8. of June, 1649. Entitled, The legal fundamental liberties of the people of ENGLAND, revived and asserted, page 48, 49. to 63.  Mr. Attorney. 
This Book hath Mr, lilburn's name to it, and here in this his Hue and Cry he owns it, and the third page in the margin hath it again.  Clerk. 
Page 3. Peruse carefully I entreat 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 Book, dated the eighth of June, 1649 Entitled, The legal fundamental liberties, etc.  Mr. Attorney. 
Read the 〈◊〉 in the body of the book.  Clerk. 
Page 4. At which Trial by strength of arguments, I forced the Judges openly to confess, that Generals were nothing in Law, see also the second Edition of my book of the eighth of June, 1649 Entitled, The legal fundamental liberties of the people of England, revived, asserted, and vindicated, page 49.  L. Col. Lilb. 
Let him speak whether it be 29. or 49.  Clerk. 
Forty nine (but there is not so many pages in the book.)  Mr. Attorney. 
My Lord, here is a Salva Libertate, which is his own Book, though he will not own it.  
My Lord, I had thought the great Champion of England for the people's liberties, would never have been so unworthy as not to have owned his own hand; but read in the 24. page of the Salva in his own written hand.  Clerk. 
Page 24. I have by almost 8. years dearbought experience, found the interest of some of my forementioned Judges to be too strong for me to grapple with, and the only 
† This was brought in by head and shoulders.  cause to my apprehension, that all this while keep me from my own: and in the Margin he saith; see also the second Edition of my forementioned book, entitled, The legal fundamental liberties of England revived, etc.  Mr. Aturny. 
Now my Lord, there is the Salva Libertate that was given from his own hand that owns it, I mean this Book, called The legal fundamental liberties, etc.  Mr. Aturney. 
Read the Title of it.  Clerk. 
A Salva Libertate sent to Colonel 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 legal Magistracy in it, then verbal command●, and according to my right and privilege let me read it, I would go 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 formal) coming from any pretended power, or Authority in England now visible, to be altogether illegal, because the intruding General, Fairfax, and his Forces, had broke and annihilated all the formal and legal Magistracy of England; yea, the very Parliament itself, and by his Will and Sword (absolute Conqueror like) had most tyrannically exect, set up, and imposed upon the free people of this Nation a Juncto, or mock power sitting at Westminster, whom he and his Associates call a Parliament, who like so many armed Thiefs and Robbers upon the high way, assume a power by their own will, most traitorously to do what they like.  Mr. Attorney. 
That's not the place, look towards the latter end.  Clerk. 
Then here it is; sure I cannot choose but acquaint you that I have long since drawn and published my plea against the present power, in my second Edition of my Book of the 8. of June, 1649. entitled, The legal fundamental liberties of the people of England, revived, asserted, and vindicated, which you may in an especial manner, read in the 43, 44, 45. to the 49. page, which by the strength of the Lord God omnipotent, my large experienced help in time of need, I will seal with the last drop of my blood.  Mr. Aturny. 
My Lord, for the Book, called the legal fundamental liberties of England, his name is to the Book; 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 several places of that book he owns this as his book, viz. The legal fundamental liberties of Engl. revived, etc. He calls it mine, and his ferementioned book: and in his Salva Libertate, he owns it again, gives it the very date, and the very Title that is in this Book: my Lords, we have done with this. My Lords, now I shall go on to make use of it, and to show 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 itself, 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 tyrannical or unlawful, these are general 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. Attorney. 
My Lords, I shall not struggle with Mr. Lilubrn in plain terms; 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 cavil, for this is one of the published copies.  L. Col. Lilb. 
But under your favour Mr. Prideaux, as there may be counterfeit money (which we 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 Laws 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 swear whether they have been proclaimed in every Hundred and Market-town, according to the old, and not yet repealed law of England.  Lo. Keble 
At Westminster he tells 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 books of the Clerk of the House of Commons be a 
† And w●l might he for Mackwel— in his manner of passing of statutes, in his preface thereunto, saith, that the Commons had no journals at all before Edward the sixths' time.  record in law or no.  Lord Keble. 
Read, Cerk.  Clerk. 
An Act of the 14. of May, 1649. Declaring what offences shall be adjudged Treason.  
WHereas the Parliament hath abolished the Kingly Office in ENGLAND and IRELAND, and in the Dominions and Territories thereunto belonging, and hath resolved and declared that the people shall for the future b●● governed by its own Representatives, or Nationall meetings in Council, chosen and entrusted by them for that purpose, hath settled that Government in the way of a Commonwealth and free State, without KING or House of LORDS. Be it therefore enacted by this present Parliament, and by the Authority of the same, that if any person shall maliciously, or advisedly publish, by writing, printing, or openly declaring, That the said Government is tyrannical, usurped, or unlawful; Or that the Commons in PARLIAMENT assembled are not the supreme Authority of this Nation, or shall plot, contrive, or endeavour to stir up, or raise force against the present Government, or for the subversion or alteration of the same, and shall declare the same by any open deed; That then every such offence shall be taken, deemed, and adjudged by the Authority of this present PARLIAMENT to be High Treason. And whereas the Keepers of the Liberty of ENGLAND, and the Council of state constituted, and to be from time to time constituted by Authority of PARLIAMENT, are to be under the said Representatives in PARLIAMENT. entrusted for the maintenance of the said Government, with several powers and Authorities limited, given, and appointed unto them by the PARLIAMENT. Be it likewise enacted by the Authority aforesaid, that i● any person shall maliciously and advisedly, plot, or endeavour the subversion of the said Keepers of the Lebertie of ENGLAND, or the Council of State, and the same shall declare by any open d●●d, or shall move any person or persons for the doing thereof, or 〈◊〉 up the people to rise against them, or either of them there, or either of their Authorities, that the every 〈…〉 and off●●●s shall be taken, deemed and declared to be 〈◊〉 Treason,  
And whereas the PARLIAMENT 〈◊〉 their just and lawful defence, 〈…〉 under the Command of THOMAS, LORD PAIRFAX, and are at present necessitated by reason of the manifold distractions within sword Commonwealth, and invasions threatened from abroad, to continue the same, which under God must be the instrumental means of preserving the well-affected people of this Nation in peace and safety. Be it further Enacted by the Authority aforesaid, that if any person, not being an Officer, Soldier, or member of the Army, shall plot, contrive, or endeavour to stir up any mutiny in the said Army, or withdraw any Soldiers or Officers from their obedience to their superior Officers, or from the present Government as aforesaid, or shall procure, invite, aid, or assist any Foreigners or Strangers to invade England or Ireland; or shall adhere to any Forces raised by the Enemies of the PARLIAMENT, or Gommon-wealth, or Keepers of the Liberties of ENGLAND. Or if any person shall counterfeit the great Seal of England (for the time being) used and appointed by authority of Parliament: That then every such offence and offences, shall be taken, deemed, and declared by the authority of this Parliament, to be high treason: And every such person shall suffer pain of death, and also forfeit unto the Keepers of the Liberty of England, to and for the use of the Common wealth, all and singular his and their Lands, Tenements and hereditaments, goods and Chattels, as in case of high Treason, hath been used by the Laws and Statutes of this Land, to be forfeit and lost, provided always that no persons shall be indicted and arraigned for any of the offences mentioned in this act, unless such offenders shall be indicted or prosecuted for the same within one year after the offence committed.  Mr. Prideaux. 
Read the other statute.  Clerk. 
Tuesday, 17. July, 1649.  
Ordered by the Commons assembled in Parliament that this Act be forthwith printed and published. Hen. Scobel Cler. Parl.  
An Act declaring what offences shall be adjudged Treason.  
Whereas the Parliament hath abolished the Kingly Office in England and Ireland, and in the Dominions and Territories thereunto belonging, and having resolved and declared, that the people shall for the future be governed by its own representatives, or national meetings in Counsel, chosen and entrusted by them for that purpose, hath settled the Government in the way of a Commonwealth, and free State, without King or House of Lords; Be it enacted by this present Parliament, and by the Authority of the same, that if any person shall maliciously or advisedly publish by writing, printing, or openly declaring, that the said Government is tyrannical, usurped, or unlawful, or that the Commons in Parliament assembled are not the supreme Authority of this Nation, or shall plot, contrive or endeavour to stir up, or raise force against the present Government, or for the subversion or alteration of the same, and shall declare the same, by any open deed, that then every such offence shall be taken, deemed and adjudged by Authority of this Parliament to be high Treason; and whereas the Keepers of the Liberties of England, and the Counsel of State, constituted, and to be from time to time constituted, by Authority of Parliament, are to be under the said representatives in Parliament, entrusted for the maintenance of the said Government with several Powers, and Authorities limited, given and appointed unto them by the Parliament; Be it likewise enacted by the Authority aforesaid, that if any person shall maliciously, and advisedly, plot or endeavour, the subversion of the said Keepers of the Liberties of England, or the Counsel of State, and the same shall declare by any open deed, or shall move any person or persons for the doing thereof, or stir up the people to rise against them, or either of them, their, or either of their Authorities, that then every such offence and offences shall be taken, deemed and declared to be high treason. And whereas the Parliament for their just and lawful Defence, hath raised and levied the Army and Forces now under the Command of THOMAS Lord FAIRFAX, and are at present necessitated by Reason of the manifold distractions within this Commonwealth, and invasions threatened from abroad, to continue the same which under God, must be the instrumental means of preserving the well affected people of this Nation, in peace & safety; Be it further enacted by the Authority aforesaid, that if any person not being an Officer, Soldier or Member of the Army, shall plot contrive or endeavour to stir up any mutiny in the said Army, or withdraw any Soldiers or Officers from their obedience, to their superior Officers, or from the present Government as aforesaid; Or shall procure, invite, aid or assist any Foreigners or Strangers to invade England, or Ireland, or shall adhear to any Forces, raised by the Enemies of the Parliament, or Commonwealth, or Keepers of the Liberty of England; Or if any person shall counterfeit the great Seal of England, for the time, being used and appointed by Authority of Parliament, that then every such offence and offences shall be taken, deemed and declared by Authority of this Parliament to be high Treason; And every such persons shall suffer pains of death, and also forfeit unto the Keepers of the Liberty of England, to and for the use of the Commonwealth all, and singular, his and their Lands, Tenements and Hereditaments, Goods and Chattles as in case of high Treason hath been used by the Laws and Statutes of this Land, to be forfeit and lost, provided always, that no persons shall be indicted and arraigned, for any the offences mentioned in this Act, unless such offenders shall be indicted & prosecuted for the same within one year after the offence committed; And be it further enacted by the Authority aforesaid, that if any person shall counterfeit the money of this Commonwealth, or shall bring any false money into this Land, counterfeit, or other like to the money of this Commonwealth, knowing the money to be false, to merchandise or make payment in deceit of the people of this Nation; Or if any person shall hereafter falsely forge, and counterfeit any such kind of Coin of Gold or Silver, as is not the proper Coin of this Commonwealth, and is or shall be current within this Nation, by consent of the Parliament, or such as shall be by them authorised thereunto; or shall bring from the parts beyond the Seas into this Commonwealth, or into any the Dominions of the same, any such false and counterfeit Coin of money, being current within the same, as is above said knowing the same money to be false and counterfeit, to the intent to utter or make payment with the same, within this Commonwealth, by merchandise or otherwise; Or if any person shall impair diminish, falsify, clip, wash, round or file, scale or lighten, for wicked lucre or gains fake, any the proper monies or Coins of this Commonwealth, or the Dominions thereof, or of the monies or Coins of any other realm, allowed and suffered to be current within this Commonwealth, or the Dominions thereof, that then all, and every such offences above mentioned, shall be and are hereby deemed and adjudged high Treason; and the offenders therein, their Councillors, Procurers, Aiders and Abetters, being convicted according to the Laws of this Nation, of any of the said offences shall be deemed and adjudged Traitors against this Commonwealth: and shall suffer and have such pains of death, and forfeitures, as in case of light Treason is used and ordained. Provided always and be it enacted by the Authority aforesaid, that this Act touching the monies and Coins aforesaid, or any thing therein contained, nor any attainder of any person for the same, shall in any wise extend or be judged to make any corruption of blood, to any the heir or heirs of any such offender, or to make the wife of any such offender to lose or forfeit her dower, of, or in any Lands, Tenements or Hereditaments, or her Title, Action or Interest in the same.  Mr Attorney, 
My Lords, and you Gentlemen of the Jury, you have heard these laws read unto you, the clauses that we are to make out in proof against Mr Lilburne are these, That if any person shall maliciously or advisedly publish by writing, Printing, or openly declaring, that the said Government is Tyrannical, usurped or unlawful, or that the Commons in Parliament assembled are not the Supreme authority of this Nation, are Traitors; these we shall join together with his books; My Lord you are here in Court, and have received the proofs against him, and we shall now make it out, that he hath done what this Statute forbids out of his own books that have come from himself, as the Author of them; My Lord, we shall begin with that charge against him, in declaring the government Tyrannical, usurped and unlawful, and for that end, see his Impeachment of Lieut: Gen: Cromwell, etc. page. 8.  Just: Jermin. 
Mr Lilburne, Doth your Paper of the 17 of May agree with that which was read, or no.  L. Col: Lilb: 
No. Sir, I conceive Sir, you asked me whether this Act I have in my hand do agree with that which was read.  Just: Jermin. 
Yes Sir I do.  L. Col: Lilburne, 
It does not.  Just: Jermine, 
Then you will make use of it by and by.  Lieut. Col: Lilb: 
I Sir, I intent so, if you will let me.  Mr Atturn: 
My Lord, The first is, that Mr Lilburne hath declared the present Government to be tyrannical, usurped and unlawful, and that in ipsissimis verbis, that he hath so declared, in a very high way, in the very words; so his book entitled, an impeachment of high treason against Oliver Cromwell, and his Son in law, Henry Ireton, etc. Read fol:  Clerk. Fol: 
8. Yea and the absolute keeping up of a perpetual & everlasting Army, under which the people are absolute & perfect Slaves and Vassals, as by woeful and lamentable experience, they now see, they perfectly are, which slavery and absolute bondage, is like daily to increase, under the present Tyrannical and Arbitrary, new erected, robbing Government.  Mr Attur: 
And so My Lord, it is here expressed to be a tyrannical and arbitrary Government, which are expressly within the word of the Law, for they are a tyrannical Government. My Lords, we shall not stick, here with him, but you shall see the whole Course of all his pens writing, hath been to this purpose, that goes very far, My Lord, see the Title page of the last book.  Clerk. 
Title page. Before a legal Magistracy, when there shall be one in England, which now in the least there is not.  Mr Prideaux. 
See fol: 1.  Clerk. 
Pag. 1. I have fully both by Law and Reason, undeniably and unanswerably proved, that the present Juncto sitting at Westminster, are no Parliament at all in any sense, either upon the Principles of Law or Reason, but are a Company of usurping Tyrants and Destroyer's of your Laws, Liberties, Freedoms and Proprieties sitting by Virtue of the Power and conquest of the Sword.  Mr Pride: 
Read the Title page of the same book.  Clerk. 
An impeachment of high Treason against Oliver Cromwell, and his Son in Law Henry Ireton Esquires members of the late forcibly dissolved House of Commons, presented to public view, by Lieut. Col: John Lilburne, close Prisoner in the Tower of London, for his real, true and zealous affections to the Liberties of his native Country. In which following Discourse or impeachment he engageth, upon his life, either upon the Principles of Law (by way of indictment, the only and alone legal way of all Trials in England) or upon the Principles of Parliaments Ancient Proceed, or upon the Principles of Reason, (by pretence of which alone they lately took away the King's life) before a legal 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 Roots.  I: 
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 unsavoury Salt, with many others to be thrown out of the House of Commons; I pray, Sir, whether were those Rooters, that went about to root up that House, by force of Arms, or Mr Prideaux and others to give them cause, at least in their apprehensions.  Mr Att: 
My Lord, A legal 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 infer, 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 owns the Law of England, (as I do) that distinguisheth meum & tuum, can never be a Destroyer of Propriety; I wish your practice were as consonant to Propriety as my Principles.  Mr Pride: 
Read the 2 Page at the mark.  Clerk. 
Now I say considering that which is before declared, I cannot upon any terms 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 Solicitor, 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 lawful supreme Magistrate) but advised him, he refusing their Counsel, and harkened to young and wicked Counselors, and they cry out, to thy Tents O Israel, and made quick and short work of it.  Mr Pride: 
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 margin of the said book: And if those very things should now be judged Treason, as they are and were in the Earl of Strafford; I wonder what should become of all our present Juncto at Westminster, and their new thing called a Council of State, undoubtedly, the most if not all of them, must go to Tyburn, or Tower-hill, there by a halter, or axe, to receive their just deserts, Amen.  Mr Att: 
There is an Amen pronounced 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 compelled to do the utmost we can, for our own Preservation, and the Preservation of the Land of our Nativity, and never by popular Petitions, etc. address ourselves 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 only now as our last Paper refuge mightly cry out to each other, of our intolerable 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 apostatise, 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 Pride: 
Read page 2.  Clerk 
reads on, page 2. But even our Parliament (the very marrow and soul of all the people's 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 styled no better than a mock Parliament, a shadow of a Parliament, a seeming Authority, or the like, pretending the continuance thereof, but till a new and equal representative, by mutual 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 martial Government, by blood and violence, impulsed upon us.  Mr Pride: 
Read page 3. at the mark.  Clerk. 
Page 3. Trade is decayed and fled, misery, poverty, calamity, confusion, yea, and beggary, grown so sore and so extreme upon the people, as the like never was in England, under the most Tyrannical of all our Kings, that were before these in present Power, since the days of the Conqueror 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 Pride: 
Read page 4.  Clerk. 
pag. 4. And yet nothing, but the groundless wills and humours, of those forementioned men of blood rageth and ruleth over us, and is this all the return and fruit, that people are to expect from your hands?  Mr Pride: 
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 margin, that those men that now sit at West-minster, are no Parliament, either upon the Principles of Law or Reason.  Mr Pride: 
Read pag. 3.  Clerk 
pag. 3. They promise to amend, and to proceed according to the form of the Law, as fully appears in their last  Declaration, and several others, as particularly the present Declaration, of this present Juncto against Kingship, dated the seventeenth of March, 1648.  Mr. Pride: 
Read pag. 4.  Clerk. 
pag. 4. But the said Sir Arthur Haslerigge &c. more arbitrarily, and more traitorously the Strafford, having no pretence of regal, legal, or Parliamentary Commissions, or Authority, no not so much as from the present nothing, or illegal Juncto, or the present illegal thing called the Council of State, Mr John jordan now member.  Mr Att: 
My Lord, he doth declare who he means by Juncto: Mr Jurdon, a member of the present Juncto, the pretended House of Commons, in the third place, for the proof of this first particular, I shall produce his book entitled, the legal and fundamental Liberties of England revived, etc. Read pag. 41.  Clerk 
reads, pag. 41. But Sir, I say, no wonder, all the things foregoing rightly considered, they do own you now (as Thomas Pride hath made you) for the supreme Authority of the Nation, although before they would neither submit to, King nor Parliament, when (it was a thousand times more unquestionable, both in Law and Reason then now you are, but fought against both King and Parliament, their setters up, conquered them, repelled them, subdued them, and broke them both: and so pulled up by the Roots, all the legal and visible Magistracy and Authority in the Nation, and thereby left none but themselves, who stand in parallel to none (as they have managed their business) but to a company of murderers, thiefs and robbers, who may justly be dispossessed, by the first force that are able to do it, no pretended Authority, that they of themselves, and by their Swords can set up, having in the fight of either God or man, either in Law or Reason, any more just Authority in them, than so many Argier Pirates, and Robbers upon the Sea have.  L. Col: Lilb: 
You read as I take it a second Edition, whether is that a second Edition or no?  Mr Att: 
No No: It is not so in the Indictment, it is no second Edition, but the first. Read page 56.  Clerk. 
pag. 56. To which I answer, first, That, that Company of men at Westminster, that gave Commission to the High Court of Justice, to try and behead the King, were no more a Parliament by Law, nor a representative of the people, by the Rules of Justice and Reason, than such a Company of men are a Parliament, or representative of the people; That a Company of armed thiefs choose and set a part, to try judge, condemn, hang or behead any man, that they please, or can prevail over by the power of the sword, to bring before them by force of arms, to have their lives taken away upon pretence of Justice, grounded upon Rules merely flowing from their wills and swords.  Mr Pride: 
Read the Title page.  Clerk. 
The legal fundamental Liberties of the people of England, revived, asserted and vindicated, or an Epistle written the vl of June 1649 by Lt. Col: John Lilburne, (Arbitrary and Aristocratical prisoner in the Tower of London,) to Mr Will: Lenthall Speaker, to the remainder of those few Knights, Citizens and Burgesses, that Col: Thomas Pride, at his late purge, thought convenient to leave sitting at Westminster, (as most fit, for his and his Master's designs, to serve their Ambitious & Tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our Freedom (as the Declaration against the King of the 17 of March, 1648. page 23. calls them) and by force of arms, to rob the people of their lives, estates and properties, and subject them to perfect vassalage and slavery, as he clearly evinceth in his present case, etc. they have done) and who (in truth no otherwise then pretendedly stile themselves, the Parliament of England.  Mr Pride: 
Read page 2.  Clerk. 
Sir, For distinction sake, I will yet style you Mr Speaker, although it be but to Col: Pride's Juncto or Parliament sitting at Westminster, (not the Nations, for they never gave him Authority, to issue out writs to elect or constitute a Parliament for them,) and a little below in the same second page, I accused Oliver Cromwell for a wilful murderer, and desire you there to acquaint your House therewith, (who then had some little hand of a Parliament stamp upon it.)  M. Prideaux, 
Read page 28.  Clerk, 
page 28. The like of which Tyranny the King never did in his Reign, and yet by S. oliver's means lost his head for a Tyrant; but the thing that I principally drive at here, is to declare that Oliver and his Parliament now at Westminster (for the Nations it is not) having pluck up the House of Lords by the Roots.  
page 44. So that if it be Treason to call this a— a Mock Parliament, yea and to say- and if this be true, for true it is, 
* These words cannot be found in page 44. but are in the Book itself, which time will not permit to read all over, and therefore at present it passeth lame and imperfect.  than there is neither legal justice, nor justice of peace in England.  M. Prideaux. 
Read page 37.  Clerk 
page 37. For if they ever had intended an Agreement, why do they let their own lie dormant in the pretended Parliament ever since they presented it; seeing it is obvious to every knowing eye, that from the day they presented it, to this hour, they have had as much Power over their own Parliament now sitting, as any Schoolmaster in England had over his boys.  Clerk 
page 45. Four Your Interest and the Kings, both being Interests of Trust, as your Declarations do plentifully and plainly declare; but especially your present Iuncto's late Declaration against the late beheaded King, and Kingly Government.  M. Prideaux, 
Read page 58.  Clerk 
page 58. And let the present generation of swaying men, that under pretence of good, kindness, and friendship, have destroyed and trod under foot all the liberties of the Nation, and will not let us have a new Parliament, but set up by the Sword their own insufferable, insupportable, tyrannical Tyranny.  Lieut. Col. Lilburn, 
I pray Sir, are all these quotations in the Indictment verbatim? I do not remember that I heard them there.  M. Attorney. 
No, We do not offer any Book but what is charged in the Indictment; for we do say, that he published those things among other clauses and things in those Books; so that we bring in no Book that is not contained in the Indictment. Read page 64.  Clerk, 
page 64. That so that might rule, direct and counsel their mock-Parliament.  M. Prideaux, 
Read page 68  Clerk. 
page 68 That that High Court of justice was altogether unlawful, in case these that had set it up, had been an unquestionable Representative of the people, or a Legal Parliament; neither of which they are not in the least, but as they have managed their business in opposing all their primitive Declared ends, are a pack of Traitorous selfseeking Tyrannical men, usurpers of the name and Power of a Parliament.  M. Attorney. 
Read page 72.  Clarke 
page 72. Then with much more confidence say I, this that now sits is no Parliament, and so by consequence, the High Court of justice no Court of justice at all.  M. Attorney. 
My Lord, that which we shall offer you next, is the salva libertate, which the Lieutenant of the Tower had from M. Lilburn himself, read at the mark.  Clark 
†. A salva libertate, although I then told you I judged a paper warrant, (although in words never so formal) coming from any pretended Power or Authority in England now visible, to be altogether Illegal; because the intruding General Fairfax and his Forces, had broke and annihilated all the formal and legal Magistracy of England, yea the very Parliament itself; and by his will and sword (absolute Conqueror-like) had most Tyrannycally erected and set up, and imposed upon the free people of this Nation, a juncto or mock-Power sitting at Westminster; whom he and his Associates call a Parliament, who like so many Armed Thiefs and Robbers upon the Highway, assume a Power by their own wills, most traterously to do what they like; yea and to fill the land with their mock or pretended Magistrates, amongst the number of which is the pretended Aturney General; in perfect opposition of whom; to the utmost of my might, Power, and Strength; I am resolved by God's graious assistance to spend my Blood and all that in this World is dear unto me, supposing him not really and substantially worthy the name of an English freeman, that in some measure in this particular is not of my mind.  M. Attorney 
My Lord, in the case of this Charge what M. Lilburn is pleased to say concerning me, I shall say no more but only this, I shall not do so by him, I shall not spend my blood against him, you see what he saith; that the present Government is Tyrannical usuped, and unlawful; that the Commons of England in Parliament assembled, are not the Supreme Authority, but a juncto, a mock-Power, a mock-Parliament, a company of Traitors that rule merely by the dictates of their own will; I could allege more of his books unto you, which have words in them very notorious, and very public, he doth in express words say, that the Government is Arbitrary, Tyrannical, and a new erected ruining, inflaving, robbing Government: To style them Tyrants, Usurpers, Traitors, parallel to none but Murderers, Robbers, Thiefs, no Parliament at all, but Thomas Prides juncto and Scool-boyes, destroyers of the laws and and libertyes of the Nation, the present juncto (Chimaeraes, fooleries, and the like) all these expressions and many more, which I am sorry I have occasion to repeat to you, that so much dirt should be thrown into the face of any Magistrates of England, My Lords, these are now the best which do rule; My Lords, I hope you and the Gentlemen of the jury will take notice of it, as to be very clear, pregnant, evident proof, that M. Lilburn hath thus published; and thus said; and besides this you see what he does go too, he denies all Magistracy 
* That's false, he doth no such thing, but at most saith the Army, hath destroyed all the legal Magistracy of the Nation, & they are the men that thereby are the real levellers and rooters. , so that now we are all alike, a Chaos, a confusion and this he hath brought us too, or would have endeavoured it; My Lords, I shall not aggravate, and if I did say no more it were enough, but I come to the second general head of the Charge, which is; That he hath plotted and contrived to levy or raise Forces to subvert and overthrow the present established Government, in the way of a free State or Commonwealth; My Lords, if I should say nothing more to the Jury, this that hath been already read is evident proof of that, for certainly those that shall say that the Governors be Tyrants, that the Parliament is Trannical, that they are men of blood, destroyers of laws and liberties; this cannot be of any other use, but to raise force against them, for subverting and destroying of them, as he himself saith, as so many Wesels or Polecats 
* In calling Tyrants Wesels and Polecats, he hath said no more but what he hath learned out of Saint john's own Argument, of law against the Earl of Straford; at which you have no cause to be angry, because they are the words of one of your own brother lawyers. , especially if you consider to whom these words were declared, to the Army in General, especially to the General's Regiment of Horse, that helped to plunder and destroy M. lilburn's true Friends defeaetd at Burford, and some of which were most justly as Traitors executed.  
My Lords, if I would say nothing more to the Jury but this, there is full and pregnant proof already; but yet my lord further to show the malice of M. lilburn's heart, and that he did intent to raise Force, to incite and invite them to help him to subvert and destroy the Parliament, and for the proof of this, read the fifth page of his impeachment of high Treason against Oliver Cromwell.  Clerk 
reads page 5 †. But my true friends, I shall here take upon me the boldness (in regard of the great distractions of the present times) to give a little further advice to you, from whose company or society (or from some of them) hath begun, & issued out the most transcendent, clear, rational, and just things for the people's liberties and freedoms, that I have seen or read in this Nation; as your notable Petition of May 20. 1647. burnt by the hands of the common hangman, recorded in my Book called Rash Oaths unwarrantable, page 29, 30, 31. 32, 33, 34, 35. with divers other Petitions of that nature, and the Petition of the nineteenth of jan. 1647. recorded in the following discourse page 45, 46, 47, 48, etc. and the Masculine Petition of the eleventh of September, 1648. so much owned by Petitions out of several Counties, yea and by the Officers of the Army's large Remonstrance, from Saint Alban of the sixteenth of of November, 1648. page 67, 68, 69. The substance of all which, I conceive is contained in the Printed sheet of paper signed by my fellow Prisoners M. William Walwyn, M. Thomas Prince, and M. Richard Overton, and myself, dated the 1 of May, 1649. and entitled, An agreement of the Free people of England etc. The principles of which I hope and desire you will make the final Centre and unwavering standard of all your desires hazards, & endeavours as to the future settlement of the Peace and Government of this distracted, wasted, and divided Nation; the firm establishing of the Principles therein contained, being that only which will really and in good earnest marry and knit that interest what ever it be that dwells upon them, unto the distressed and oppressed Commons or people of this Nation; yea, the settling of which principles, is that that will thereby make it evidient and apparent unto all understanding people in the World, that the real and hearty good and welfare of this Nation, hath Cordially and in good earnest been that, that their souls have hunted for, and thirsted after, in all the late bloody civil Wars and contests, all the contests of the King's party for his will and Prerogative, being merely selfish, and so none of the people's interest, and the contest of the Presbyterians, for their makebate dividing hypocrytical Covenant no better in the least, and the present contest of the present dissembling interest of Independants; for the people's libertyes in general, (read the following discourse page 27, 28, 29. merely no more but self in the highest) and to set up the false Saint, & most desperate Apostate, Murderer, & Traitor Ol. Cromwell, by a pretended election of his mercenary Soldiers, under the false name of the Godly interest, to be King of England, etc. (that being now too apparently, all the intended liberties of the people that ever he fought for in his life) that so he might rule and govern them by his will and pleasure, and so destroy and envassalize their lives and properties to his lusts, which is the highest Treason that ever was committed or acted in this Nation in any sense or kind; either 1. in the eye of the Law, or 2. in the eye of the ancient (but yet too much Arbitrary) proceed of Parliament; or 3. in the eye of their own late declared principles of reason (by pretence of which, and by no rules of Law in the least) they took away the late King's head, which if there were any law or justice in England to be had, or any Magistrates left to execute it (as in the least there is not) &c.  M. Prideaux. 
Read page 7.  Cler. 
pa. 7. But the Principles of the foresaid Agreement being so detestable and abominable to the present ruling men, as that which they know will put a full end to their Tyranny and usurpation, and really ease and free the people from oppression & bondage; that it is something dangerous to those that go about the promotion of it; yet I shall advise and exhort you vigorously, to lay all fear aside, and to set on foot the promotion of it, in the same method we took for the promotion of the foresaid Petition of Jan. 19 1649. laid down in the following discourse, p. 23, 24, 25. and write to your friends in every Country of England, to choose out from among themselves and send up some Agents to you, (two at least from each County, with money in their pockets to bear their charges) to consider with your culled and chosen Agents of some effectual course speedily to be taken, for the settling the principles thereof, (as that only which in an earthly Government can make you happy) or at least to know one another's minds in owning and approving the principles thereof; that so it may become to you and your friends, your Centre, Standard, & Banner to flock together too, in the time of these foreign invasions and domestic Insurrections, that are like speedily to bring misery enough upon this poor and distressed Nation; and unanimously resolve and engage one to another, neither to side with, or fight for the Cameroes' fooleries and pride of the present men in Power; nor for the Princes will, or any other base interest whatsoever (the which if you should fight for, it would be but an absolute murdering of your brethren and Countrymen you know not wherefore) unless he or they will come up to those just, Righteous, and equitable Principles therein contained, and give rational and good security for the constant adhering thereunto; and upon such terms I do not see but you may justifiably before God or man, join with the Prince himself; yea, I am sure a thousand times more justly than the present ruling men (upon a large and serious debate) joined with Owen Ro● Onale, the grand bloody Rebel in Ireland; who if we must have a King, I for my part had rather have the Prince, than any man in the world, because of his large pretence of Right, which if he come not in by conquest by the hand of Foreigners (the bare attempting of which may apparently hazard him the loss of all at once, by gluing together the now divided people, to join as one man against him) but by the hands of Englishmen, by contract upon the Principles aforesaid (which is easy to be done) the people will easily see, that presently thereupon they will enjoy this transcendent benefit (he being at peace with all foreign Nations, and having no regal pretended competitor) viz. the immediate disbanding all Armies and Garrisons, saving the old Cinque ports, & so those three grand plagues of the people will cease, viz. Freequarter, Taxations, and Excise, by means of which, the people may once again really say they enjoy something they can in good earnest call their own, whereas for the present Army to set up the false pretended S. Oliver (or any other) as their elected King, there will be nothing thereby from the beginning of the Chapter to the end thereof but wars, and the cutting of throats year after year, yea, and the absolute keeping up of a perpetual and everlasting Army, under which the people are absolute and perfect slaves and vassals, as by woeful experience they now see they perfectly are; which slavery and absolute bondage is daily like to increase, under the present tyrannical and arbitrary new erected robbing Government.  M. Att. 
He hath blown the Trumpet for all that will to come in, he hath set up his Centre, he would have it to be a Standard for all his friends to flock to him, and to make them the more quick in betaking them to their Arms, he hath falsely and maliciously there said, that the Parliament had joined with Owen Roe Oneale, which I can assure all that hear me this day, the Parliament always detested, abominated, disavowed, and declared against, and never had any thoughts that way My Lord, the false imputations of his laid upon the Parliament, are almost numberless. But in the second place, I come to that pretty bauble that's of his own making, The Agreement of the People, dated at the Tower, 1 of May, 1649 and shall desire your Lordships to judge whether this Agreement of the People which he made, and his friends then in the Tower, and entitled it, The Agreement of the People, as signed by them, for they called it, An Agreement of the Free People of England: strikes not at the very root of all Government.  Lieut. Col. Lilburn. 
Pray Sir look whether it be licenced or no, according to the Law of the Nation, and if it be licenced by public Authority, how comes it to be Treason, that's very strange.  M. Attorney. 
It is so.  Lieut. Col. Lilburn. 
Pray Sir go and question the licenser then.  M. Attorney. 
We must question the Author, the licenser will not excuse it, read page 2.  Clerk 
reads page 2. This agreement being the ultimate end and full scope of our desires and intentions concerning the Government of this Nation. And a little below after the long and tedious prosecution of a most unnatural, cruel, homebred War, occasioned by divisions and distempers amongst ourselves, and those distempers arising from the uncertainty of our Government, and the exercise of an unlimited or Arbitrary Power, by such as have been trusted with Supreme and subordinate Authority, whereby multitudes of grievances and intellerable oppressions have been brought upon us; and finding after eight year's experience and expectation, all endeavours hitherto used, or remedies hitherto applied, to have increased rather then diminished our distractions; and that if not speedily prevented, our falling again into factions and divisions, will not only deprive us of the benefit of all those wonderful victories God hath vouchsafed against such as sought our bondage, but expose us first to poverty and misery, and then to be destroyed by foreign enemies.  M. Attorney. 
Read page 3.  Clerk 
page 3. Agree to ascertain our Government, to abolish all Arbitrary Power, and set bounds and limits, both to our Supreme and all subordinate Authority, and remove all known grievances, and accordingly do declare & publish to all the World that we are agreed as followeth. pag. ibid. That the Supreme Authority of England, and the territoryes therewith incorporate, shall be and reside henceforward in a Representative of the People, consisting of four hundred persons, but no more.  M. Prideaux, 
The manner of the choice of whom, etc. they leave to this Parliament. Read a little below.  Clerk, 
All things concerning the distribution of the said 400. members proportionable the respective parts of the Nation, the several places for election, the manner of giving and taking, of voices, with all circumstances of like nature, tending to the completing and equal proceed in elections; as also their salary is referred to be settled by this present Parliament, in such sort as the next Representative may be in a certain capacity to meet with safety, at the time herein expressed; and such circumstances to be made more perfect by future Representatives.  
We agree this present Parliament shall end the 1 wednesday in Aug. next, 1649, thenceforward to be of no Power or Authority; and in the mean time shall order and direct, the election of a new and equal Representative, according to the intent of this our agreement; and so as the next Representative may meet and sit in Power and Authority, as an effectual Representative upon the day following; namely, the 1 Thursday of the same August, 1649.  
Page ib. We agree, if the present Parl. shall omit to order such election or meeting of a new Representative, or shall by any means be hindered from performance of that trust, that in such case we shall for the next Representative proceed, in electing thereof in those places, and according to that manner and number formerly accustomed in the choice of Knights and Burgesses; observing only the exceptions of such persons from being electors or elected, as are mentioned before in the 1, 3, and 4th. heads of this agreement; it being most unreasonable, that we should either be kept from now frequent and successive Representatives, or that the Supreme Authority should fall into the hands of such as have manifested disaffection to our common freedom, and endeavoured the bondage of the Nation. And for preserving the Supreme Authority from falling into the hands of any whom the people have not or shall not choose. we are resolved and agreed (God willing) that a new Representative shall be upon the 1 thursday in August next aforesaid, the ordering and disposing of themselves, as to the choice of a Speaker, and the like circumstances, is hereby left to their discretion; but are in the extent and exercise of Power, to follow the direction and rules of this agreement; and are hereby Authorized and required according to their best judgements, to set rules for future equal distribution and election of Members, as is herein intended and enjoined to be done; by the present Parliament.  M. Attorney. 
Read page 8.  Clerk 
page 8. And all Laws made, or that shall be made, contrary to any part of this Agreement, are hereby made nul and void.  M. Attorney. 
My Lords, hear by this agreement of the People, that M. Lilb. hath published to the World, in which my L. he hath designed how many the Supreme Authority shall consist of the time when the Parl. shall dissolve, as also the time when his own Parl. shall meet; this Parl. to be dissolved the first wednesday in Aug. 1649. all Laws contrary to this to be nul and void; and in it you shall find some expressions of Treason in the height, that whosoever shall do contrary to it, shall be most severely punished: In the next Book before this, it is desired by him, that this agreement of the People may be the Centre the Banner and Standard of all his friends, and that they go on vigorously with it; which is my Lord, to dissolve this Parliament, and to put on this new one of M. lilburn's appointing: This we conceive which is of M. Lilbs. appointing, would (if effected) be an absolute subversion of this in being, and this is high Treason. My Lord, we shall go on with more yet, and that is, with his outcry; my Lord, if you please to see the title, and see to whom it is directed, what was intended to be done with it; it is entitled, An outcry of the young men and Apprentzes of London, directed (August 29. 1649.) in an Epistle to the Private Souldery of the Army, especially all those that signed the solemn engagement at New-market-heath the 5 of June, 1647. but more especially, to the private Soldiers of the General's Regiment of Horse, that helped to plunder and destroy the honest and truehearted Englishmen, traitorously defeated at Burford the 15 of May, 1649.  Mr. Attorney. 
A good encouragement, they were Traitorously defeated at Burford; but we are Rebels and Traitors, and our Army murderers, & Butchers, for giving some of those declared Traitors their due deserts, but that you may see his tendency by this book read, page, 11.  Clarke, 
page 11. We say, considering what is before premised, we are necessitated, and compelled to do the utmost we can for our own preservation, and for the preservation of the land of our Nativity, and never (by Popular particulars) address ourselves to the men sitting at Westminster any more, or to take any more notice of them then of so many Tyrants, and Usurperes, 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 only now as our last Paper-refuge, mightily cry out to each other, of our intolerable oppressions in letters, and Remonstrances signed in the behalf and by the appointment of all the rest, by some of the Stoutest & stiffest amongst us that we hope will never apostatise, but be able through the strength of God to lay down their lives for the maintaining of that which they set their hands to.  
You our fellow-Countrymen (the private Soldiers of the Army) alone being the instrumental authors of your own slavery & ours; Therefore as there is any bowels of men in you, any love to your Native Country, Kindred Friends or relations, any spark of Conscience in you, any hopes of glory or immortality in you, or any pity, mercy, or compassion, to an enslaved, undone, perishing, and dying People; O help, help, save and redeem us from total vassalage and slavery, and be no more like brute beasts, to fight against us, or our friends, your loving and dear brethren after the flesh, to your own vassalage, as well as ours.  
And as an assured pledge of your future cordialness to us (and the true and real liberties of the Land of your Nativity) we beseech and beg of you (but especially those amongst you that subscribed the Solemn Engagement at Newmarket-Heath, the 5. of June, 1647.) speedily to choose out amongst yourselves two of the ablest, and constantest faithful men amongst you in each Troop and Company, now at last (by corresponding each with other, and with your honest friends in the Nation) to consider of some effectual course (beyond all pretences and cheats) to accomplish the real end of all your Engagements and Fightings, viz. the settling of the Liberties and Freedom of the People, which can never permanently be done, but upon the sure foundation of a popular Agreement; who (viz. the People) in justice, gratitude, and common equity, cannot choose but voluntarily and largely make better provision for your future subsistence (by the payment of your Arrears) then ever your Officers, or this pretended Parliament intends, or you can rationally expect from them; witness their cutting off three parts of your arrears in four, for free quarter; and then necessitating abundance of your Fellow-soldiers (now cashiered, etc.) to sell their Debenturs at two shillings six pence, three shillings, and at most four shillings per li.  Mr. Attorney. 
See my Lord, here we are styled Tyrants, Usurpers, introducing Government, oppressions of the people, and Mr. Lilburn is resolved with his friends to join together, and to lay down their very lives for this: This I think is a Trumpet blown aloud for all the discontented people in the Nation, to flock together, to root up and destroy this Parliament, and so the present Government: but read also in the same book, pag. 9  Clark. 
pag. 9 For the effectual promotion of which said Agreement, we are necessitously compelled to resolve in close union to join our selus, our Commissioners (chosen for that end) in Council, with our foresaid Burford-friends, or their Commissioners, and to resolve to run all hazards to methodise all our honest Fellow-prentices, in all the Wards of London, and the Out-Parishes, to choose out their Agents to join with us, or ours, to write exhortative Epistles to all the honest-hearted freemen of England, in all the particular Countries thereof, to erect several Counsels amongst themselves; out of which we shall desire (and exhort them) to choose Agents or Commissioners (impowered and entrusted by them) speedily to meet us, and the Agents of all our (and the Agreement of the people) Adherents at London, resolvedly to consider of a speedy and effectual method and way how to promote the Election of a new and equal Representative, or Parliament: by the Agreement of the free people, seeing those men that now sit at Westminster, and pretendedly style themselves the Parliament of England; and who are as they say (although most falsely) in the Declaration for a free State, dated March 17. 1648, pag. 27. entrusted, and authorized by the consent of all the people of England, whose Representatives they are, make it their chiefest and principallest work, continually to part and share amongst themselves, all the great rich, and profitablest places of the Nation; as also, the Nations public treasure and lands, and will not ease our intolerable oppressions; no not so much as of late receive our popular petitions, having upon Thursday last, Aug. 23. 1649. rejected that most excellent of petitions ready at their door to be presented to them by divers honest men (our truehearted Neighbours of Surrey) the true Copy of which, for the worth of it, although it be at large already printed in Friday Occurrences, and the Tuesday Moderate, we desire here to insert.  Mr. Attorney. 
My Lord, this is a loud one, whom does he join us withal, but only with those very men that justly suffered death, many of them for it? My Lord, now it's resolved that these men shall be closely joined with them, and what to do? still to promote The Agreement of the People, that which Mr. Lilburn hath hatched, and that must be the baby that those declared open Traitors and Rebels, that Mr. Lilburn will join with, must nourish up. My Lord, we shall go on further to show what Mr. Lilburn drives, at which is not much differing from us, for he would have a free State, but, my Lord, this that is now in being, it doth not go in Mr. lilburn's way, and therefore it must be overthrown by force and Arms, that so way may be made for his new 
† And yet a few days before his Trial, several principal leading members of the house and Council of State told his wife, and several other of his friends, that Mr. Lilburne was turned Cavalier, and had joined with the Prince, and they had several letters under his own hand to prove it.  Commonwealth, we shall go further on my Lord, and in the next place quote his book entitled, The legal Fundamental liberties of the people of England revived, asserted and vindicated, &c, Read pag 57  Clark 
reads pag. 57, And the present setters up of this Tyrannical new Commonwealth, considering their many Oaths, Covenants, Promises, Declarations and Remonstances to the contrary, (with the highest Promises & pretences of good for the people and their declared liberties, that ever was made by men) are the most perjured, perfidious, false, faith and trust-breakers, and Tyrants that ever lived in the World, and aught by all rational and honest men, to be the most detested and abhorred of all men that ever breathed, by how much the more under pretence of friendship and brotherly kindness, they have done all the mischief they have done, in destroying our laws and liberties.  Mr. Attorney. 
My Lord, and you Gentlemen of the Jury, you see Mr. Lilburne hath been pleased very often to give the name of Tyrants to the Parliament; I would give no other instance, nor show no other example but Mr. Lilburn himself, to disprove himself, and with much confidence affirm it, that never State had before (neither King nor State) since the foundations of it: so much enmity, nor have endured with so much patience any man whatsoever, as they have done Mr. Lilburn, who notwithstanding all his traitorous provocations, and traitorous designs, undertaken against them, is yet alive at this day and now hath fair play to plead for his life, I would take him for his own confuter, and see by all that has been done by him, and see if he could make good his actings, and make good the Parliaments dealing with him therefore, can be demonstrated by him, to prove them Tyrants. My Lord, I can hardly forbear to see, & hear his dangerous & desperate expressions, to invite all people for to take up Arms against the Parl. to cut their throats like Polecats and We asels. My Lords, here to style them the most perfidious, perjured, false, faith, and trust-breakers, and Tyrants that ever lived in the world; and to be the most abhorred and detested of all the people, above all men that ever breathed, O insufferable, and the highest of Treasons!  Leiut. Col. Lilb. 
Sir, all the wit of all the Lawyers in England, could never bring it within the compass of high Treason, by the old and just laws of this nation, that abhors to oppress men contrary to Law, & then if they seem but to cry out of their oppressions to make them traitors for words.  Mr. Attorney. 
I am confident the least Lawyer in England, would have brought this within the Statute of Treason of the 25. Ed. 3. chap. 2. My Lords, you shall see there is none escaped, the Parliament with him are Tyrant's Traitors and Usurpers; and therefore he stirs up the people to destroy them. But in the third place, you shall see what Titles he gives to my Lord General Fairfax, and his chief Officers, that, my Lord, he that reads the books & doth not know the parsons, he would think that they were monsters and not men, although they are so famous & glorious, that all the world have rung of them to their praise But, saith he, never was there more glorious Declarations made by men than by them, and yet never performed any of them; Nay, he doth not only call them also Covenant & engagement-breakers; but he calls the Lord General, Tyrant, Murderer, and what not: and the Officers, perfidious Officers. My Lords, what I observed in the last clause of the Act is, that whosoever goes about to draw the Soldiers from their obedience to their superior Officers, or from their obedience to the present Government, that is high Treason, and this likewise we shall find him guilty of, in his Legal fundamental liberties of England inserted and vindicated, it is in the first side of the Epistle that in the first place I pitch upon, read it.  Clark. 
pag 1. of the Epistle, I positively accuse Mr. Oliver Cromwell, for a wilful murderer, (and desire you to acquaint your house therewith) for murdering Mr. Richard Arnold near Ware  Mr. Attorney. 
Which man my Lord was condemned for a mtinier by a Counsel of War, where the Lord Leiut. of Ireland was but one member, and the Parliament gave him, and the rest of that Council thanks, for shooting that mutinous Soldier to death. and yet Mr. Lilburne calls him murderer therefore; and this is laid to my Lord Leiuts. charge for his part,  L. Col. Lilb. 
Doth not the Petition of Right absolutely condemn all such acts in time of Peace; when the Courts of Justice are open, and the judgement of the Earl of Strafford doth abundantly condemn it, who lost his life for a Traitor, for doing the very same act in kind and likeness, at that time, when he in the eye of the law, was as legal a General, as the General was that condemned that man.  Mr. Attorney. 
My Lords,—  L. Col. Lilb. 
I pray Sir, hear me out; and sure I am, the Declarations of all the powers extant in England, ever since, hath been to maintain the Petition of Right inviolably; yea, even those that are now in present power; and if the Petition of Right be true, to shoot soldiers, as Arnold was, is absolute murder: Nay further, if the judgement of the Parl. upon the Earl of Strafford for such an act be legal; then all those that had a hand in shooting that Soldier, are Traitors, and aught to die for it, as well as Strafford.  Clark reads on the second side of the Epistle, Of all which crimes and charges, and all your others against the King, contained in your foresaid Declaration, I know not three of them, but Cromwell and his confederates, in your pretended House and Army, are as guilty of the like in kind, though under a new name and notion, as the King was of the , if not more guilty. Mr. Prideaux, 
Read pag. 35.  Clerk. 
pag. 35. But alas poor fools! we were merely cheated and cozened, it being the principal unhappiness to some of us, as to the flesh, to have our eyes wide open, to see things long before most honest men come to have their eyes open; and this is that which turns to our smart & reproach, and that which we Commissioners feared at the first, viz, that no tye, promises, nor engagements were strong enough to the grand-juglers and leaders of the Army, was now made clearly manifest; for when it came to the Council, there came the General, Cromwell, and the whole Gang of Creature-Colonels, and other Officers, and spent many days in taking it all in pieces, and there Ireton shown himself an absolute King, if not an Emperor; against whose will no man must dispute: and then Shuttlecock, Roe their Scout, Okey, and Major Barton (where Sir Hardress Waller sat Precedent) begun in their open Council, to quarrel with us, by giving some of us base and unworthy language, which procured them from me a sharp retortment of their own baseness and unworthiness into their teeth, and a challenge from myself into the field; besides, seeing they were like to fight with us in the room in their own Garrison, which when Sir Hardress Waller in my ear reproved me for it, I justified it, and gave it him again, for suffering us to be so affronted; and within a little time after, I took my leave of them for a pack of dissembling juggling knaves: amongst whom in consultation, ever thereafter I should scorn to come (as I told some of them;) for there was neither faith, truth, nor common honesty among them; and so away I went to those that chose and entrusted me, and gave publicly and effectually (at a set-meeting appointed on purpose) to divers of them, an exact account how they had dealt with us, and cozened and deceived us; and so absolutely discharged myself; from meddling or making any more, with so perfidious a Generation of men, as the great Ones of the Army were; but especially the cunningest of Machavilians, Commissary Henry Ireton.  Mr. Attorney. 
Read pag. 37. at the mark.  Clark. 
pag. 37. Which the General and his Council knew well enough: and I dare safely say it upon my conscience, that an Agreement of the People, upon foundations of just freedom, gone through with, is a thing the General, and the chiefest of his Council, as much hates, as they do honesty, justice, and righteousness (which they long since abandoned) against which, in their own spirits, they are absolutely resolved (I do verily believe) to spend their heartblood, and not to leave a man breathing in English air (if possibly they can) that throughly and resolutely prosecutes it; a new and just Parl. being more dreadful to them, than the great day of judgement, so much spoken of in Scripture; and although they have beheaded the King, yet I am confidently persuaded, their enmity is such at the people's liberties, that they would sooner run the hazard of setting the Prince in, to reign in his Father's stead, then further really a just Agreement, or endeavour a new Parliament rightly constituted.  Mr. Attorney. 
Read pag. 38.  Clark. 
pag. 38. When as alas! it is as visible, as the Sun when it shineth in its glory and splendour, that Korah, Dathan, and Abyram, of old, were never such rebels against authority, as the General and his Council are; nor the Anabaptists at Munster, with John of Leyden, and Buperdullion, were never more contemners of Authority; nor Jack Straw, nor Wat Tyler; nor all those famous men, mentioned with a black pen in our histories, and called Rebels and Traitors, can never be put in any scale of equal balance, for all manner of Rebellions and Treasons, against all sorts and kinds of Magistracy, with the General and his Council.  Mr. Attorney. 
See my Lord, and you Gentlemen of the Jury, you see Mr. Lilburn gives the General and his Officers, as bad titles, as he can give the worst of Rebels and Traitors, or the worst of men; but we go on to his Outcry, read the Title of it.  Clark. 
An Outcry of the Young men and Apprentices of London, pag. 8. where it is thus: Sure all sense and compunction of conscience is not totally departed from you.  Mr. Attorney. 
If it please you, my Lord, because the Jury may observe it, The book is directed to the Soldiers of the Army, and that in an Outcry, etc. now read pag. 8.  
Pag. 8. Sure all sense and compunction of conscience is not totally departed from you; hear us therefore, in the earning bowels of love and kindness, we entreat and beseech you with patience, and do not abuse us for complaining and crying out; for the knife hath been very long at the throats of our liberties and freedoms, and our burdens are too great and too many for us; we are not able to bear them, and contain ourselves; our oppressions are even ready to make us despair, or forthwith to fly to the prime laws of nature, viz. the next violent remedy at hand, light it where it will, or upon whom it will: they are become as devouring fire to our bones ready to burn us up, rendering us desperate and careless of our lives, prisoning those that are already dead, above those that are yet living, who are rid of that pain and torment, that we do and must endure, by sensibly seeing and beholding not only the dying, but the daily burial of our Native liberties and freedoms; that we care not what becomes of us, seeing that we are put into that original state, 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 bondaries and bondmarks 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 pity! we had rather die, then live this life of languishing death, in which our Masters possess nothing (to buy themselves or us bread, to keep us alive) that they can call their own: therefore it's no boot for us to serve out our times, and continue at our drudging Trades, while these oppressions, cruelties, and inhumanities' are upon us, and the rest of the people; exposing thereby not only the Nation to domestic broils, wars, and bloudsheds (wherein we are sure our bodies must be the principal butts) but to foreign invasions, by France, Spain, Denmark, Swethland, etc. as was well observed by our endeared and faithful friends, of the  late treacherously defeated party at Burford, in their book of the 20. of August, 1649. entitled, The Levellers vindicated, or, the case of their 12. Troops truly stated, pag. 11, 12. which we cannot but seriously recommend (with them) to your serious perusal and judgement; and desire to know of you (but especially the private soldiers of the General's Regiment of horse, which we understand had a hand in seizing upon, and plundering our true friends at Burford) whethet you do own the abominable and treacherous deal of your Gen. and Lieu. Gen. Cromwell, and their perfidious officers with them, or no, that so we may not condemn the innocent with the guilty, etc.  Mr. Attorney. 
Read pag. 11.  Clarke 
pag. 11. You our fellow Countrymen (the private Soldiers of th● Army) alone, being the instrumental Authors of your own slavery and ours; therefore as there is any bowels of men in you, any love to your native Country, kindred, friends, or relations, any sparks of conscience in you, any hopes of glory or immortality in you, or any pity, mercy or compassion to an enslaved, undone, dying, perishing people; O help, help, save and redeem us from total vassalage and slavery, and be no more like bruit beasts, to fight against us or our friends, etc.  
And as an assured pledge of your future cordialness to us, (and the true and real liberties of the Land of your nativity) we beseech and beg of you (but especially those amongst you, that subscribed the solemn engagement, at New-market the 5. of June 1647.) speedily to choose out from amongst yourselves two of the ablest, and constantest faithful men amongst you, in each Troop and Company, now at last (by corresponding each with other, and with your honest friends in the Nation) to consider of some effectual course (beyond all pretences and cheats) to accomplish the real end of all your Engagements and fightings, viz. the settling the liberties and freedoms of the people, which can never be permanently done, but upon the sure foundation of a popular Agreement, who (viz. the people) in justice, gratitude, and common Equity, cannot choose but voluntarily and largely make better provision for your future subsistence, than ever your Officers, or this pretended Parliament intends, etc.  Mr. Attorney. 
Real the Title of his Impeachment.  Clarke. 
An Impeachment of High Treason against Oliver Crumwell, etc.  Mr. Attorney. 
Read page 2.  Clark 
pag. 2. But I shall rather desire and advise you, by letter like yourselves, to address yourselves to the Lord Fairfax, by the sword of whom and his Soldiers, I am now in prison for my honesty and innocency, and nothing else, and demand my liberty of him; if he refuse, print it, and do as God and Reason shall direct you; for it was his and his Soldier's force, that fetched me out of my bed the 28. of March 1649. without all shadow of Law or justice; and against the tenor of all their own Declarations, the particular pages of which you may read in my following letter to Mr. Holland, pag. 5. and by force of Arms carried me to Whitehall, and then to Darby-house, before a Company of men that in Law had no more power to commit my body to prison, than so many thiefs and robbers upon Suitors hill have, who by the Rules of their own wills, (as in the second edition of the picture of them, I have fully declared) sent me by force of Arms to the Tower: for all my short eternity in this world. But I entreat you seriously to consider, that I cannot advise you to make address to him as the General of the Nations forces, for he is no such thing: but is merely a great Tyrant, standing by the power of his own will, and a strong Sword, born by his vassals, slaves and creatures, having no Commission to be General, either from Law, the Parliament, or from the prime Laws of nature and reason.  Mr Att: 
Read. An outcry of the young men and apprentices, page 3.  
Page 3. Your heart seems to us as obdurate, as the flinty Rock, as savage and inhuman, as if the flesh and blood, the bones and marrow of the people were become your meat.  Mr Attur: 
Stay, Mr Broughton: The Jury will take notice, that this is directed to the Soldiers of the General's Regiment, this speaks to them.  Clerk 
reads on. Directed (August 29. 1649. in an Epistle to the private Soldiery of the Army especially,) all those that signed the solemn jugagement at newmarket heath the fifth of June 1649. but more especially to the private Soldiers of the General's Regiment of horse.  Mr Att: 
Now read page the 3.  Clerk 
page 3. Your hearts seem to us as obdurate, as the flinty Rock, as savage and Inhuman, as if the flesh and blood, the bones and marrow of the Peopple were become your meat, as already it is in effect, and instead of Encouragement and support to our true friends, and real relievers, (as least in faithful desire and endeavour) as shall stand in the gap betwixt out destroyers and us, always and means are used to impoverish destroy & suppress them, and in them to break and vassalage the spirits of all the English, which in all ages have had the preeminencies of other Nations, that their may not be so much of gallantry or courage left amongst the people, that one amongst them shall dare to assert or maintain their Freedoms. And a little below, if any do but murmur and complain, presently their houses as with furies, are beset, with armed mercenary Jannisaries, Guards and Sentinels set upon their doors and passages.  Mr Att: 
My Lord, and you Gentlemen of the Jury, you hear, what stuff this of Mr lilburn's is, yea, such stuff as that it would make any man loath to hear it: The last clause of the Act is, if any person not being an Officer, Soldier, or Member of the Army, shall plot, contrive or endeavour to stir up any mutinies in the Army, or to withdraw any Officers or Soldiers from their Obedience to their superior Officers, or to the present Government; It is high Treason, you have here the several books read to you, and the Calumniation laid upon the chiefest of them to stir the rest up to mutinies against them, but they are very well known, and therefore nothing that Mr Lilburn can say will stick upon them, to their prejudice. But my Lord, you see here and you of the Jury, how he appeals from the Officers to the Soldiers interrogates, to know what they could do, and whether they will acknowledge they will own them, & not fight against them, and what aid and assistance they will give to him and his friends, against their own General, and the rest of their Superior Officers; You see also what he calls that noble General, that all the world doth honour, & his fame wrings through the world, and yet he calls him a grand Tyrant, standing by the power of his own will, and a strong sword, a destroyer of the Parliament, of the Laws and Liberties of England, you see what he calls the common Soldiers: Furies and Mercenary Jannizaries, which none but Turks have. You have heard the several charges proved unto you, for my part I think it is as clear as noonday. We have not raised any advantage upon any slipping words that have slipped from him, which we might have done, and I could I have urged some more witnesses, to have proved his books, published by him, to public view, though when he comes in the face of the public Court of Justice, he will not own them, which shows his design to be the more dangerous; he will writ, print, publish be sputter, and reproach: yea, and raise Tumults and Rebellion in a Clandestine way, but if we chance to question him therefore, he will not own it, you see we have been fain to fetch it out of the fire, and yet this is one of England's and its Liberties valiant Champions.  L. Col. Lilb. 
You have done no more to me then the Scribes and Pharisees did to Jesus Christ, and in my dealing with you, I have but walked in the steps of my Lord and Master, Jesus Christ and his Apostles. For I am sure of it Jesus Christ, in his pilgrimage on earth, freely, openly and publicly taught and declared himself to be the Son of God, the Messiah or Saviour of the world, that was prophesied of, and yet when he came amongst the Scribes and Pharisees, & Pilate the Roman Governor, who by questions went about to ensnare him, he confesseth nothing but saith, I speak openly to the world, I ever taught in the Synagogues and in the Temple whether the Jews always resort, and in the Secret have I said nothing, why askest thou me? ask them which heard me, what I have said unto them, behold, they know what I have said; and when Pilate adjured him to answer him, whether he was such a one or no, well saith he, thou sayest it: So say I, thou Mr Prideaux sayest it, they are my books, but prove it.  Mr Att: 
But I think here are enough, and to many, and therefore Gentlemen of the Jury, if you respect the Government of the Parliament, the Honour of the Counsel of State, the Honour of the Nation, or of the Army, or the preservation of the Law of the Nation, you cannot say but that the prisoner is guilty of such Crines and Treasons, as he is now accused of and accordingly find him so; for it cannot be supposed that you will lay him in a single Balance, against the Honour of all the powers in the Nation, and also the peace thereof.  Foreman. 
We desire the Act of Treasons to make use of.  L. Col: Lilb: 
I beseech you, hear me a few words, they desire to have it along with them. Sir, with your favour, I shall humbly crave Liberty to speak a few words, I shall keep me close to that, which is my right and my duty, and that is to the matter of Law in my Indictment, there are many things put into the Indictment by the Testimonies of Witnesses now sworn, that are pretended to be acted in several Counties, whether that be according to Law or no, I do not know, whether you will judge it so or no, but sure I am, if either those express Statutes, that I have already cited to the Jury, or the third part of Cooks Instituts be Law, I ought not to be tried for Treason, but by a Jury of the next Neighbour hood, in the selfsame County, the fact is pretended to be committed in, and therefore it is very questionable to me, whether my Indictment be legal, for that it chargeth me with facts of Treason, committed in three several Counties, and that being matter of Law, I desire Counsel to argue that point in the first place, there are also a great many other exceptions I have to make against the Illegallity of the Indictment, and having particularised one, I humbly crave that which is my Right by Law, that I may have Counsel assigned unto me, you have said, you will do what shall become ingenious and understanding men, and just Judges in it, and therefore I crave leave according to my undoubted Right, to have Counsel assigned to plead in matters of Law to the insufficiency of the Indictment, and particularly, to that point I have nominated. There are also a great many things arises out of the matter of act, that will be points of Law likewise, and some of them appear to be so, there was never two clear and positive witnesses to one fact sworn against me, but to most of the particular Treasons, there is but one a piece, and I cannot yield that to be legal but questionable in Law which I desire Counsel to dispute: I know not any of all the books fixed upon me, but the outcry that hath two plain witnesses to it, & yet it is not sworn that I am the Author of it, the State of the first is this, that I was at the Printers before the Copy was taken away, & that I gave one of those books to a soldier: to sum up the Notes of the matter of fact, that thereon hath been endeavoured to be proved, is to hard a task to be done by me immediately, & therefore I conceive is but just for you, to assign and me counsel, to agree with the Counsel against me, what are the points of fact upon the proof, from which the points of law are to be deducted, and whatever you, that call yourselves my Judges, may think of this, yet I hope and verily believe, that these my honest fellow Citizens, that are the Gentlemen of my jury, who have (there by) as men, the the issues of my life and death in their hands, and will think it but a just and rational motion and request, and therefore before them again, I desire to have Counsel assigned to plead in Law, to the errors of the Indictment, and also to the law arising upon the fact; this with a larger privilege, was granted by one of your own brother Judges, to Major Rolfe last year, as his right by law; and I do again appeal to Mr justice Nichols, than one of Rolfs Counsel for the truth of this, I pray speak Sir, is it not true? but the Judge sitting as if he had neither life nor soul, Mr Lilburn further said, I hope Sir, it doth not enter into your thoughts presently to put me to an undigested, extemporary answer, to so large an Indictment as that is that hath been read against me, that it is impossible for any man's brain, if it were as big as the biggest Magazine in London, to carry it in his head; and Sir, I hope you do not conceive that my memory is of a greater largeness than the greatest Magazine in this City; you engaged unto me when I pleaded first to my Indictment, that you would not take exceptions nor advange against me, for my ignorance in the fomralities 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 heretofore 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 myself 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 somany 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 tyre 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 myself clearly upon the Trial of the Country or my jury according to the law.  Lord Keeble. 
Lilburn, 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 than 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 yourself from the matter of fact, if you can, and these Books, and when you have freed yourself from the matterof fact charged upon you, and then make it appear that from the matter of fast 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 defact 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 of fast; we cannot allow you any Counsel: the thing that is to be disputed cannot possible be much one 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 of themselves; but this must be first cleared, before you can have any Counsel assigned you at all.  L. Col. Lilb 
I must confess it is a very hard task for me to contest with the present power, whose Agents have free liberty to say against me what they please, and I am denied and that upon my life, all the privileges of an English man, and with your insinuations and great words, drawn on by my ignorance to ensnare myself; and notwithstanding all your promises to take no advantage against me for my ignorance in the formalities of the Law; yet are the punctillioes and niceties thereof, more urged against me than they have been against hostile enemies; and yet for my part, no man can tax me for being in hostility at any time against them in present power; & yet opon my life, I am denied that which I had from these as my right by Law against whom I have been in arms, and fought against in the field, yea, and that which in a higher nature than I desire, hath been acknowledged just and legal, by some of your own brother Judges, but the last year, which they have granted to some of my own Countrymen, Freemen of England, but this last year in a higher nature by many degrees, than I plead for; There is Judge Nichols, that I understand was one of Major Rolphes Counsel, and I understand from Mr Maynards' own mouth, that he and Mr Maynard was by Baron Wild, assigned of Rolphes Counsel in case of the highest Treason, that the Law of England ever knew, and that before the grand Inquest found the Indictment, and that Mr Maynard etc. had Liberty as Major Rolphs' Counsel by Baron Wild's order, to stand in the Court, not only to hear the witnesses sworn, but also to hear the words of their Testimony, than caused by the Judge to be given in open Court, and there being but two witnesses to two Fact contained in the Indictment, Mr Maynard upon the Allegation of the two Statutes, of Edward the sixth, that requires two witnesses to the proof of every Fact of Treason, and that to be plain and clear, overthrew Rolphs' Indictment in Law, that it was never found, and so saved the poor Man's life, who in likely hood had perished, had it not been for the Ability & Integrity of his Counsel: And all this Mr Justice Nichols knows, is very true, and that I have told you nothing about it, but what is just; It's true, I have read part of the plain Law of England, that is in English; but I am ignorant of that part of your Law, which is three times so much, as that which is in English, and that Law, or the practic, part of the Law is in French and Latin, which I have truly told you, I can neither read nor understand, therefore I humbly crave my privilege and undoubted Right by the Law of England, (which in a higher nature was granted to Major Rolph as his unquestionable Right) to have Counsel assigned me, to help me in those things, I am ignorant of, I mean the Formalities and bottom of your Law. I beseech you Sirs, do not put me upon Extremities, and upon extraordinary things, but consider among yourselves, that righteous Rule of Jesus Christ, and of the Scripture, to do as you would be done to: and do not put Impossibilities upon me, by overruling by your power all my just Claims and pleas in Law, and require more of me then I am capable to perform. And therefore I beseech you, as you would approve yourselves, to be as righteous Judges before the eye of that God, that sees your heart, & knows whether malicious & fore thoughts of malice harbers the●in against me his faithful servant: do not cunningly and designedly destroy me for my Ignorance, in the essential or circumstantial matter or form of that huge Indictment, that has so much matter of Law in it, as it hath, and to take away my life by denying me, that which is the unquestionable legal Right of the Freemen of England, the which if you will but allow me, I do not doubt but to come off clearly and freely.  Lord Keeble. 
Mr Lilburn, You are now at a full point, and this you have said now, you have said often and we have heard it, and that which you say now was answered before.  L. C. Lil. 
Sir, It's your own Law, Sir Edw. Cook declares, I ought to—  Lord Keeble. 
Mr. Lilburn, I shall add this more to it, that you at this time, have here such a Court, which never any of your condition ever had in England, so many Grave Judges of the Law.  L. Col. Lilb. 
Truly I had rather have had an ordinary one Sir, I mean a legal and ordinary Assizes or Sessions.  L. Keeble. 
But this you have, & this is to take off or prevent, that which you would do now, if there had been one Judge & no more, and if you had not had this great presence of the Court, you would have been malapert, and have out talked them, but you cannot do so here.  L. Col. Lilb. 
Truly Sir, I am not daunted at the multitude of my Judges, neither at the glittering of your scarlet Robes, nor the Majesty of your presence and harsh, austere deportment towards me, I bless my good God for it, who gives me courage and boldness.  L. Keeb. 
That your Trial is so public, as your offence, is for this end, that all men may take notice, that you have fair play, & therefore according to Law, you ought to make your case in matter of fact clear, for that I must tell you again and once is as good, as if I had told you a thousand times over, unless you can clearly do that, you say nothing to it, if you will take that for clear proof that hath been alleged against you, you may shorten yourself: but otherwise make that defence that you judge most sufficient to disprove the Fact, for till that time, you are clear gone in Law, and no Council must or can been assigned you.  L. Col. Lilb. 
I have been a great while yesterday pleading my Right by Law, for Council, and now I have stood many ●oures to hear your proofs to the Indictment. I hope you will not be so cruel, to put me to a present answer, when bodily strength is spent.  Lo. Keeble. 
We know it as well as yourself, you were here and stood divers hours yesterday, and to day you have done the like, but we came before you, and stand after you.  L. C. Lilb. 
Sir, will you put a man to more than a horse is put to, or is able to go through with, therighteous man is merciful even to a very beast.  Lo. Keeble. 
We have been as long as you have.  L. Col. Lilb. 
But under favour, you have sat.  Lo. Keeble. 
You had that Liberty to, dispute no more, we must go on.  L. Col. Lilb. 
I desire but a week's time, to return you ●n answer to your large Indictment: and if not so long, then give me leave but till to morrow morning, to consider of my answer. I am upon my life.  Lo. Keeble. 
No you must dispatch it now.  L. Col. Lilb. 
Then give me leave but to withdraw into any private room, for an hour to recollect my thoughts, peruse my notes, and refresh my spirits: and here abouts Judg. Jermin did whisper the Lo. Keeble in the ear, and presently said Judg. Jermin, It's against the Law to allow you any more time, the Jury stand here charged, the Evidence is given, you must immediately go on, or yield that for truth which hath been proved against you  L. Col. Lilb 
Well then, if it must be so, that you will have my blood right or wrong, and if I shall not have on hour's time to refresh me, after my strength is spent, and to consider of that which hath been alleged against me, than I appeal, (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 require and requite my blood upon the heads of you and your posterity, to the third and fourth generation: immediately 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 people's tumbling, but silence being made, the Prisoner was busy at his Papers and books, being invited by Sheriff Pack to come out of the Bar, for fear he should have fallen 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 Sheriff's 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 cruel 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 pot came, he made water, and gave it to the Foreman.  Lord Keeble. 
Proceed Mr. Lilburn; but he pressed for a little respite, which was granted him with much ado, as also a chair 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 satisfy you, take it presently, without any more to do. But the Prisoner struggled out a little respite.  Lord Keeble. 
The Court can stay no longer, take away his Chair, for I cannot see the Bar, and plead what you have to say, for it grows very late.  Lieutenant Colonel Lilburne. 
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 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 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 Traitors in all the Books that I have read of, that I may speak in my own 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 lies, who are in Law Judges of Law as well as Fact, and you only the pronouncers of their Sentence, Will, and Mind, 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 yourself, and you do well, the jury are judges of matter of Fact altogether, and judge Cook says so, but I tell you the opinion of the Court, they are judges of matter of Law.  Lieutenant Colonel Lilburne. 
The Jury by Law are not only Judges of Fact, but of Law also, and you that call yourselves Judges of the Law, are no more but norman intruders, and indeed and in truth, if the Jury please, are no more but Scissors, to pronounce their Verdict.  Judge Jermin. 
Was there ever such a damnable blasphemous heresy 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 judges 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 jury ought to take notice of it, That the judges that are sworn, that are twelve in number, they have ever been the judges of the Law, from the first time that ever we can read or hear that Law was truly expressed in England, and the jury are only judges, whether such a thing were done or no, they are only judges of matter of Fact.  Lieutenant Colonel Lilburn. 
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 trial of his life, that you will not suffer him to read the Law to the jury, for his own defence; I am sure you have caused to be read at large those Laws that makes against me.  Lord Keeble. 
But I shall pronounce to clear the righteousness of that Law, whatsoever others will pretend against it, that know it not.  Lieutenant Colonel Lilburn. 
Sir, under favour I shall not trouble myself 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 concern you the jury, you say something.  Lieutenant Colonel Lilburn. 
Sir, I have been shuffled too much out of my Liberties already, give me leave to read but the Law to the jury, I will make use of nothing now to them, but your own words, and when I have done, I will leave myself 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 fairly 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 Book or Commentary: go to your matter of Fact, which is clear, but for this, let it fall down, and spare yourself, and trouble yourself no more with Cook; he has no Commentary upon Ployden. But Master Lilburne pressed to speak.  Justice Jermin. 
Hold Sir.  Lieut. Col. Lilburn. 
What will not you allow me liberty to read your Law? O unrighteous and bloody Judges!  Judge Jermin. 
By the fancy of your own mind, you would puzzle the Jury, we know the Book● a little better than you do, there is no such Book as Cook's Commentary upon Ployden.  Lord Keble. 
Sir, you shall not read it.  Judge Jermin. 
You cannot be suffered to read the Law, you have broached an erroneous opinion, that the Jury are Judges of the Law, which is enough 
† Yes but there was at Redding, when Colonel Martin after they were sworn, caused all the Jury before the Judges sitting upon the bench, to put on their hats, as their right; being they were then the chief Judges in the Court, and the other inferior to them.  to destroy all the Law in the Land; there was never such a damnable heresy broached in this Nation before.  The Crier, Cries out, Hear the Court. Lieutenant Colonel Lilburne. 
Do your pleasure, than here I'll die; Jury take notice of their injustice; but seeing they will not hear me, I appeal to you, and say, It is an easy matter for an abler man than I am, in so many interruptions as I meet with, to mistake Ployden for Littleton; I am sure here is Cook's Commentaries upon Littleton, and these be his words, In this case the Recognitors of the Assize may say and render to the Justices their Verdict at large upon the whole matter, which I am sure is good Law, forasmuch as we see it continually done in all actions of trespass or assault, where the Jury doth not only judge of the validity of the proof of the Fact, but also of the Law, by assigning what damages they think is just.  Lord Keeble. 
I am sure you are in an error, in a gross one, as possible a man can be in, this is so gross, that I thought it could not have come from Master Lilburne, that professeth himself to be a rational and knowing man.  Lieutenant Colonel Lilburne. 
And in another place he saith: For as well as the Jurors may have Cognizance of the Lease, they also as well may have Cognizance of the Condition. And further there Cook saith, Here it is to be observed, that a special Verdict, or at large, may be given in any Action, and upon any Issue, be the Issue General or Special. And in Section 368. Littleton hath these words, Also in such Case, where the Inquest may give their Verdict at large, if they will take upon them the knowledge of the Law, upon the matter they may give their Verdict generally. Cook's words upon it are fully to the same purpose, who saith, Although the Jury, if they will take upon them (as Littleton here saith) the knowledge of the Law, may give a general Verdict. I am sure this is pertinent to my purpose, and now I have done Sir.  Lord Keble. 
You have spent a little time, but you have done yourself no good, I thought you had understood the Law better than I see you do.  Lieutenant Colonel Lilburne. 
Now Sir, as to matter of Fact, according to your own desire, seeing you will have broke your promise, and will allow me no Counsel, but lie at catch with me, I shall come to it without any Preamble. The Statute of the 1 Edward 6. Chap. 12. (I desire the Jury may take notice of the Statutes) and the 5. and 6. of Edw. the sixth, Chap. 11. here's the Statute Book, which doth expressly declare, That no man shall be condemned for Treason, petty Treason, nor any such like Crime, but by the Evidence and clear proof of two legal and sufficient Witnesses. Sir Edward Cook in his third part Institutes, Chapter of High Treason, is absolutely of the same opinion, fo. 12. in this branch, says he, 4 things are to be observed. First, this word (provablement) proveably, that is upon direct and manifest proof, not upon conjectural presumptions or inferences, or strains of wit, but upon good and sufficient proof of two Witnesses, and this is Folio 12. And here in the adverb, (proveablement) prove●bly hath a great force, and signifieth a direct and plain proof.  
And secondly, This word (attaint) necessarily implieth, that he be proceeded with, and attainted, according to the ●u● course and proceed of Law, and not by absolute power, or by other means, as in former times it hath been used,  
And Folio 24. Chap. Pe●ty Tre●son, he saith, It h●th been holden, that upon the Trial of misprision of Treason, there must be two lawful Witnesses as well upon the Trial as the Indictment, as it was resolved by the Justices in the Lord Lum●eyes case. Hill, 14. Eliz. reported by the Lord Dier under his own hand, and in the margin he hath this note upon it, That this is the last resolution of the Judges upon it: And a little below, in the same folio, and folio 25. he saith, Therefore upon the Indictment, which is in manner of an accusation, by the Statutes of 1. Edward 6. Cap. 12. & 5. & 6. Edward 6. Cap. 11. Two lawful Witnesses are requisite. And in follio. 240. he hath the same, his words are these: Attainders of TREASON etc. aught to be upon plain and direct evidence (as before is said) for if the party be executed, restitution may be had of his lands, but never can be had of his life: now I have done Sir.  Lord Keble. 
I hope the Jury hath seen the Evidence so plain, and so ●ully, that it doth confirm them to do their duty, a●d to find the P●●s●ner guilty of what is charged upon him.  Judge Jermane. 
This that you have said makes much for the Jury.  Lieutenant Colonel Lilburne. 
We shall see that by and by; but I shall proceed on to answer your proof to the Indictment, and that in the same method that your Witnesses swore: And therefore Sir, in the first place, to the first, which is THOMAS NEWCOME, the PRINTER, he swears in these words: That I was present with CAPTAIN JONES, from whose hands he he says he received the last sheet of the Book, called the Outcry of the Young men and Apprentices of LONDON; but he says Captain Jones agreed with him for the printing of it, and not I; for in that particular he doth not in the least accuse me, neither doth he in the least accuse me in any manner in the world of being the Author of it: and that I did any more at his house, but take away a single sheet of it before it was corrected, which says he, I brought away with me: In answer to whose Testimony I return this, and I earnestly entreat you, Gendemen of the Jury, to observe it well, and therefore in the first place he is but a single Testimony to this: But secondly I answered, that he confesses moreover, that before he had completed that sheet that he received from Captain JONES, he was taken, and not only he, but his Forms also was taken from him: so that by his own confession, that Copy that was brought by Captain JONES when I was present with him, proved abhortive, it was never wrought. For he says it was taken before he had perfected it, and to my knowledge they had it in their possession: so that it clearly appears, it was never perfectly wrought off, and therefore the books were never perfected; Therefore I hope that it will not be Treason in me, being a free man of ENGLAND, to walk the streets with my friend, and to go into a house with him where he hath business to do, admit it be a Printing house, where he intends to have a sheet of paper printed, his affairs, business, or actions are nothing to me, neither are they now in the least laid unto my Charge: And if they were, as they are not, yet that sheet miscarried, and was taken before is was perfected: so that truly Sir, you may go seek the Printer of it, for you see that miscarried that Captain JONES delivered to the Printer in my company, and that sheet which he saith I had away, was an uncorrected one, which could serve me for no other use, but waste paper, and cannot be adjudged to be a true Copy of that which was contained in the Indictment; neither doth he or any other swear, that at the Printers they see, or know where was done the Tule of that OUTCRY, contained in the Indictment: So that for any thing the Jury knows, the first part of that Book hath no dependence upon the sheet that was spoilt, and not brought to maturity in Master Newcomes hand, as he himself upon his Oath declares: so that truly Sir, in Law Mr. Newcomes Testimony proves nothing at all against me, as to that book mentioned and contained in the Indictment, and therefore you Gentlemen of the Jury, my life is in your hands, I beseech you take notice, that in all his Testimony, there was not one word that he declared to accuse me to be the Author of that Book, or that my name was to it; for you shall find the names of ten that own it, so that I think his Testimony is gone, and is not worth a straw.  
In the next place there were three Soldiers, viz. John took, Thomas Lewis, and John Skinner, that swears against me, the substance of all their Testimonies centres in one: and John took in the first place saith, about seven weeks ago he met with Lieutenant Colonel John Lilburne in Ivy-lane, where Lewis knowing of him, gave him a salute: and they being glad to see him that he was well in health, and the like, out of friendship went to drink a cup of beer together at the Red Cross in Newgate-market, where he saw a Book called the Apprentices Outcry, given unto Master Lewis, and he heard these words uttered by Lieutenant Colonel Lilburne, You soldiers are those that keep us in slavery. The second witness being Thomas Lewis, saith, That the 6. of December, or September, for so was his words, he met me in Ivy-lane, and took acquaintance of me, asked me how I did, and I thanked him: and he further declares, that he was very much refreshed to see me, that I was well, and in health, and was glad to see that those things that were given out of me, by common fame, (that I was killed or dead, that they were not true, therefore he being my old acquaintance as he saith, we went to drink a cup of beer together; and says he (as he remembers) Lieutenant Colonel Lilburn asked him if he had seen a Book called the Apprentices Outcrye, and he said no, he had not seen it, but he had heard of it, and was thinking to go and buy one of them, for that he longed to read it, and heard it was publicly sold, and says 〈◊〉, Lieutenant Colonel Lilburn said, he had one which was given him, and if he● pleased he would give it me, which he thankfully received, and afterwards we stayed a little time to drink a cup of be●●e, and had some discourse; but he doth fix no evil upon me, that fell from me in that discourse, neither doth he say, that I did stir him up to mutiny, or to make division in the Army, only he saith, I told him, that if he went to such a man, whose name he hath forgot, it is possible he might buy some more of them, for they were publicly sold all over the City; so that you Gentlemen of the Jury may take notice that he declares the things by common same w●re publicly sold, and one of them he ayes was given to me, and I gave it to him. Truly I hope the Jury hath more conscience in them, th●n to go about to take away my life for giving away a single sheet and an half of paper, that no man swears In was the Author of, or the causer of it to be Printed and Published; B●t the most that can be fixed upon me, is, that I had one of them given me, and I gave it to a Soldier, my familiar friend, who had a great desire to see it, and was going to buy one of them, being public up and down LONDON at that time, which is all that he doth charge upon me; only he says further, that there was a little discourse: but his Testimony doth not reach to accuse me of any evil or malicious Counsel given them, or any aggravations of spirit, as though I did incense him of them against their Officers or fellow-soldiers, thereby to stir them up to mutiny and Rebellion. For truly I have made it my work, for to be as sparing in my discourse as could be, in the company of any belonging to the ARMY; yea, and to shun coming nigh the place, if I can avoid it where they are: and he saith I had no aggravating spirit within me, nor uttered any provocations to make them rise in mutiny against their Officers, and there is none of them all that does in the least fix that Book upon me, to be mine, as the Author of it.  
Only he saith further, that upon his declaring he longed to see the Book, that Lieutenant Colonel LILBURNE told him that such a man, whose name he hath forgot, might possibly sell them some of them if they had a mind to them or to get some of them, and truly I d'ye not believe that Treason.  
Further he says, all the worst discourse I had with them, was, that I asked them a question, which was, when they had any pay, and they told me they had not had any pay in 5. weeks, and that was the worst of all; there proceeded from me no aggravating expressions upon it, or mutinous provocations, but truly that this discourse should come within the compass of Treason, to ask my old acquaintance a question, that had often times visited me, when I was the Lord's prisoner in the Tower, or to drink a Cup of beer with him, or give a sheet and a half of paper, that was publicly sold; Truly I hope there will be no righteous Jury in the world, that will give a Judgement against me for Treason therefore, no, I hope for more righteous Justice, from a Jury of Citizens of London, whom I hope to find men of Consciences and Judgement, yea, of such righteous Judgement, as that they will abhor to go about, to take away my life, and my blood, and lay the blemish and stain of Treason upon— me and my posterity for ever, upon such a thing as this is, and this is all, and the utmost of all, that the Evidence doth witness against me. Then in the third place, there was john Skinner, who was the third: and he says the same in effect and no more, and therefore I need not to go upon that any further, but shall leave it I hope to the enlivened Consciences of my Jury, my fellow Citizens of London: in the next place, the second thing laid to my charge, is the Salva Libertate, delivered to the Lieutenant of the Tower as he says; 
The Lieutenants of the Tower's Testimony.  Now truly the Lieutenant of the Tower is but a single witness to this, and the Law saith positively, there shall be two legal witnesses, to prove every Fact of Treason, whose Testimony or evidence ought to be as clear and evident as the Sun at noonday, without any conjectural presumptions or inferences, or strains of wit, and truly the Lieutenant is but a single witness at most. I should be loath to reproach or bespatter the man, yet I must say this, being upon my life, that he is not only a single witness, but a Gentleman, in whose Custody I was prisoner contrary to Law; who kept me prisoner in times bypast, above 12. months together at the house of Lords illegal command, contrary unto Law and Justice, for which above a year since, I did commence at the Common Law an Action of four or five thousand pound against him, as I did also against Colonel Tichbourn, that I have seen upon this bench, sitting as one of my Judges which I think, is not equal nor just, nor legal that he with whom I have a suit of four or five thousand pound depending, when thereby my professed adversary should be one of my Judges, and therefore I desire he may be commanded off the bench, and withdraw as being my professed adversary, and therefore in Law uncapable to be my Judge, and truly having the same Action depending still against the present Lieutenant of the Tower, before the Judges of the King's Bench, for his detaining me in prison, above a year together, contrary to Law, he is thereby in the eye of the Law, my proefssed Adversary, and therefore in Law cannot be admitted, as a compitent witness against me, upon my life, yet the Lieutenant of the Tower doth not in the least swear that the hand is mine, or that he did see me write it; but only he saith that I did deliver such a Paper to him, but he is but a single witness, and so I say by the Law of the Land, not vallid or good, but his Testimony is clearly gone, and wiped off, as also all things that doth depend thereupon; There is besides five or six witnesses produced to several charges; but the Law expressly saith, that there must be two plain and clear witnesses to every particular Charge, or Fact of Treason, that must take away my life, and this is your own Law, and therefore he is but a single one, and therefore invalled and altogether not satisfactory, or binding; and then beside, which is considerable, truly I think the Tower of London, in the place where he saith, I gave him those Papers, is not within the Jurisdiction of the City of London, and how I should come to be arraigned by a Jury of fellow Citizens here in London therefore, against whom I must confess that for my part, I have nothing for their Honesty and Integrity to object, I know not, for I know not the faces of any two of them, and therefore impossible for me to say any thing against them; I say, I know not how by a London Jury I can be tried for a Fact fixed upon me, to be committed in Middelsex. I beseech you Gentlemen of the Jury, mistake me not: for I have nothing to accuse you of, and I hope you will be so conscientious and tender in the Trial of me for my life, that you will put your case as my case, and do by me as you would be done unto by me, if you were in my case and condition. And the righteous God of heaven and earth direct you so to do: and therefore the Lieutenant of the Tower being but a single witness at most, and in Law not a compitent, one neither, being my professed Adversary, that hath most illegally kept me in prison, for which I have commenced long sense my action at law for my legal reparations against him; I say, therefore in the eye of the Law, his Testimony sticks not; and I pope in the righteous Opinion of my Jury, can do me no harm; and if so his Testimony be invalled, than the Salva Libertate can not reach me, to do me any hurt, but it and all those my pretended books called by my name, are all washed away and gone, and my Adversaries must go seek new Authors for them, or at least procure new and better Testimony to prove them mine, for that which they have produced hither to, is worth nothing. Then the next is Thomas Dafferne, and he says that the twelfth of August 1649. 
Thomas Dafferns Testimony.  he met with Lieut. Col. Lilburne upon the Bridge, as he was going home to visit his sick and distressed Family, and he went back with him, to his house in Southwark, at Winchester House, which I am sure is not in London; And therefore at Guildhall in London, by a London Jury in Law cannot be tried; for he positively saith, that at Winchester house in Southwark, which is in the County of Surry. Lieut. Col. John Lilburne gave him a book, to carry to Coll: Airs, a Prisoner at Warwick Castle; but he does give in no Testimony at all that it is mine, or that that book was Lieut. Colonel Lilburnes book, of his making or penning: but a Book he gave him: and that is all he says, which is no more but that he received a Book at Winchester House in Southwark, from the hands of Lieutenant Colonel Lilburne, so carry to Colonel Ayres, now a prisoner at Warwick Castle. Now truly he is but a single Testimony, and he swears nothing particularly as to me, and besides, what he swears is to a Fact done in another County, and therefore his Testimony is not worth a straw; it's gone, it's invallid in Law, it signifies nothing, it is not so good as a spider's web; by Viritue of which the Marshal's Testimony and the Governors of Warwick Castle, as also Col. Purfroyes need no other answer from me, but to pity them for the long journey, they have made to no purpose.  
The next thing charged upon me is the Preparative to an Hue & Cry after Sir Arthur Haslerige, 
The Lieutenant of the Towers second Testimony.  to which the Lieutenant of the Tower says, that Lieut: Col: John Lilburne gave him one of those Books in the Tower: which truly I am confident is in Middlesex, and truly I conceive under favour, it will be a point disputable in Law, that I should betried for my life in this place, admit there were a thousand witnesses to make it good, that the Lieutenant of the Tower had one of them from me, either in the place he formly named, or at his own house: for that Fact was done in the Tower, that is out of the County of London, and so not tryable by a Jury of Citizens of London; but he further saith, whether the Book that he now has, be the same that he received from the hands of L. Col. Lilburne, that he is not able to depose. Then the rest of the witnesses that do depose against me in relation to the Hue and Cry, and James Nutley, and Edward Raddon, both of them Mr Prideaux servantts; and the most that they say, 
The Testimony of James Nutley, and Edward Raddon.  is that when I was before their Master, upon the 14. of Septemb. 1649. at his chamber in the Temple to be examined by him, they say, they saw me deliver a preparative to an Hue and Cry after Sir Arthur Haslerige to this master's hands, and tell him, that that was mine, and I would own it, saving the Printers Erratas, which says the Lieutenant of the Tower upon his oath, I expressed to be many.  
In answer so which I say, I do not know whether the Temple be with in the Liberties of London or no, and if it be not, I know no ground in Law, wherefore a London Jury should try me here: but more fully, I say, for any thing the Jury knows, or for any thing the witnesses swear, the Printers Erratas, which are many, are all and every of those clauses that offence or exceptions are taken against, for not one of those clauses which you except against, are not proved to be the Prinetrs Erratas, and therefore there is no validity or weight in those Testimonies also, for they do not prove in the least that any six lines of the Book is mine, all of them say that I owned no more of the Book than was free from the Printers Erratas. And the Lieutenant of the Tower swears that the clause was added, which are many: And therefore you the Gentlemen of the Jury, I I appeal to your Consciences, and to your Judgements, and the Lord set it home to your understandings, that you may not be guilty of the blood of an innocent man, by partiality, fear or offrightment of spirit, for in law, Equity and Justice all their three Testimonies put together, has no validity, no strength, nor force in them, and so much for that.  
The next thing fixed upon me, is the legal fundamental Liberties of the people of England, revived, asserted and vindicated, and truly all that's brought to prove the legal fundamental Liberties of England to be mine, is but merely the relations that are in the  Books, for I do not remember, (nay I am sure of it,) that there is so much as a single Testimony that does give in any Evidence against me that it is mine, and therefore I can answer to that nothing, more than what I have said already. The Testimonies all being invalled at least in the eye of the Law; and therefore that's gone too, and blown away as chaff before the wind.  
Lastly, for the Agreement of the people, truly that's dated the first of May, 1649. And truly for aught I know, and I am sure of it too, it is before the date of any of those Acts upon which I am indicted for my life, & therefore not within the compass of it: for Paul that great Apostle said, and he that spoke by the spirit of God that dwelled within him, & to whom it was given in an extrarordinary manner, that so he might thereby be enabled to write the infallible truths of God, said where there is no law, there can be no transgression, but that Agreewent was in being & publicly abroad with a legal Imprimatur to it, before any of the Acts, upon which I am arraigned, had a being, and therefore admit it should be granted to be mine, yet it can be no transgression or any thing prejudicial in the eye of the Law unto me, but besides, there is not any Testimony at all, that so much as lays it to my charge to be mine, and therefore it pinches me not, nor does any of all the rest of your charges, and besides all that I have already said in my own behalf, to show in Law the invalidity, and insuffiencie of all the Testimony, you have produced against me; I add this, by way of addition to it, that there hath not been so much as one single witness or Testimony to prove that the Books laid to my charge, are rightly and truly dated, and not post dated, which if any of them or all of them should be, admit the proofs were sufficient in law, yet unless the days of them be firmly proved to be exactly according to the original copies, and not post dated, for any thing the Jury knows, they might be made and write before ever the Acts, they are said to transgress, had a being. And therefore if there were so many Testimonies in Law, to prove the books mine, (which there is not in the least) yet, I say admit, there had been a thousand witnesses to the proof of every one of those books, yet not withstanding in the eye of the Law: I leave it to the Consciences of my Jury, whether I be not free in that particular, seeing there is none swears punctually and positively to the dates of them, but to put all out of danger, as I deny nothing, so in that particular, I do not own a jott, a line, a word, a syllable, of any of them. Now Sir having done so far as I have, and clearly discovered to the Jury, and all that hear me this day, that all the proofs alleged against me, does not stick in the least any guilt upon me, truly I have clearly answered, & invallodated all the verbal proofs, according to the clear letter and true intention of the Law, I have no more to say to all the evidences, that have been read in books against me, I leave it to the consciences of my Jury, believing them to be a generation of men, that believe in God the Father, and believes they shall have a portion in the resurrection of the dead, and stand before the tribunal of the Lord Almighty, to give an account unto him the Lord of life and glory, and the Judge of all the earth, of all there actions done in the flesh; I leave it to their judgements and consciences to judge righteously, between me and my adversaries; and the Lord of life and glory, to judge right between me & you, that in all those things in your long scroll you pretend me guilty of; I hope I have so clearly and fully answered all and every of your proofs, that not any one thing sticks; and to their consciences I cast it; hoping that they do look upon themselves, as standing in the presence of him that sees their hearts, and knows now whether there be any malice in them towards me or no, which for my part I do not believe there is, for I profess I know no wrong I have particularly done them as men, or generally as English men; my conscience is free and clear as in the sight of God, and I hope of all  men; and to my knowledge I never see the faces of any two of them before this day, and therefore entirely as an English man, that loves and honours the good old laws of England, and earnestly desires and endeavours, and struggles for the preservation of justice and just Magistracy, which I wish with all my soul may be preserved; and therefore having suffered much for the preservation of the common, and, just liberties of England, to their consciences, and to their judgements, I lealve both this matter, and the constant series of all my actions in this my pilgrimage, and veil of tears here below.  Lord Keeble. 
Mr. Lilburn.  L. Col. Lilb. 
Your pleasure Sir?  Lord Keeble, 
Nothing Sir but this, our consciences are befare God as well as yours, and therefore you need not speak thus.  L. Col. Lilb. 
Sir, I have only two or three words more, which I have spoken to you, but these men that are my Jury and judges, in whose hands only are the issues of my life, have not as yet heard them, I pray you give me liberty according to your promise, to go on without interruption: You Gentlemen of the Jury, I have many material things to produce witnesses unto for my justification, but no time in the least will be allowed me, as you see, to produce them, which I ought by law to have had, especially considering I have been locked up so long close prisoner, and have nothing for which I was first imprisoned laid unto my charge; and have so high, potent and mighty advarsaries as I have; that truly every man is shy of me, for fear he may come in trouble for coming near me; and therefore I have but two or three words more to speak to the Jury, I beseech you let me freely go on.  Lord Keeble. 
Make them thirty to your defence, and you may speak them.  L. Col. Lilb. 
I shall by God's assistance, I shall keep close to my defence: Now Gentlemen of the Jury, I think I have sufficiently pleaded for myself at this present, and that to clear up fully unto your judgements, and to your understandings, that by the law of England there is not so much as any one fact proved against me; for the law is express, that to every particular fact of Treason, there must be two sufficient witnesses, not by constructions or the like, upon which score and plea, that Gentleman Master Nichols that sits there as a Judge, and Master John Maynard, saved Major Rolphs' life, being to be arraigned for the highest of English Treason, before Baron Wild: Now Gentlemen, if notwithstanding what I have said, any thing shall yet stick upon your spirits, I shall entreat you to consider the intention of the law of England, it is repeated several times in Sir Edward's Cooks Institutes, it is a maxim in the Law, I have it here in the third part of his Institutes fol. 6. & actus non facit reum, nist meus sit rea; Sir, if you please to do me the favour but to English it, and explain it for the Jury; for though I understand the substance of it, yet I am not exactly able to English the latin, but only to understand the sense of it; I conceive the sense of it is this, it is not the act, but the intention of the mind, that declares guilt; but therefore as in reference unto that I shall say no more but only this to them, that the constant series of all my actions from my youth hitherto, have manifested that I have with an affectionate and compasionate English spirit within me, that hath put me forth for many years together, really to endeavour the prosperity and good of the land of my nativitiy; and not its mischief and destruction: and that hithertoward, in all my contests, I have had the law, and the declared public justice of the Nation of my side; having never done any mischief to my Country, unless it be a misChief to oppose great men's wills; I have now been seven months in prison I know not wherefore, although originally I was committed to prison pretendedly for Treason; and both the Acts upon which now I am indicted, hath been made long since my first commitment, there is not any one syllable of all those things for which I originally in general, without accuser or prosecutor was Voted a Traitor by the present power, and for which I was proclaimed a Traitor throughout all the Market and great Towns in England six months a go; there is not now I say, any one of those things laid to my charge; but truly I have been laid inito prison for nothing; as by this day's work clearly appears, by the men in present power, unto divers of whom I have often sent to know what it is they require at my hands, and have also from time to time, declared my readay willingness to compose and end all differences that concern me, having proffered again and again, to re●er myself unto the final determination of four of their own Members, finally to end and determine all differences betwixt them and me, whereof I was willing that Judge Rigby should be one of them, a Gentleman (though now a Judge) I have found very honest and faithful, and to whom I have been much obliged to, for many hearty favours I have from time to time received from him; I say I have sent to him and Colonel Martin and abundance of the members besides, from time to time; to some of whom I have written, with some of whom I have spoken to; I say, I have sent many messages with the earnestes desire in the world, that if I had offended any man in the House, that if he would be pleased fairly and friendly, to refer it to the final judgement and determination of four Members of their own House, and would stand to it; and let all the world judge whether or no this proposition was not suitable to a Christian, and suitable to an honest man, yea, to a man that judged himself in the strictest scrutiny of is own conscience to be free and innocent in his own soul, and in his own conscience, from all guilt, crimes or Treasons, or else if I had not, I would not have put my self upon the judgement of those that were engaged in interest and selt-preservation against me; and yet for the things that they imprisoned me for as a Traitor in general which I bear nothing of this day, which is wonderful strange law and proceed to my understanding: But besides Sir, under favour, I have not only done this, but I have ●e thousands of my friends: I will undertake, I could produce ten thousand of old and young, Males and Females, Citizens and Countrymen, men of honesty and integrity, that have in the common cause always adhered to the freedoms of the Nation, that have petitioned the Parliament several times; yea, from time to time, with abundance of rational and fair Petitions, and truly stated my case to them, and acquainted them with my condition, and with the rest of my Fellow prisons, and earnestly begged and entreated of them that they would not be hasty in condemning and destroying me, before they heard me and afforded me a legal trial, from first to last, according to the due forms and process of the law of England; and yet for all this, till I came before you, I never saw accuser, or prosecutor, nor Indictment, nor Charge, nor nothing in all the earth, legally to demonstrate me so much as a supposed offender; and yet for all this, no satisfaction in the world would be received; notwithstanding in one Petition they desiring, that they would be pleased, seeing they were incensed against us, and that they had taken indignation against us, they did not desire to justify us in any thing we had done; but in regard to their own knowledge, we had been all four faithful, zealous, and setviceable Instruments in the common Cause of the Nation; in which to the hazard of my life an hundred times over, I have engaged for them, with my sword in my hand, with as much resolution, and as much faithfulness, as any man on earth ever served a Generation of men, having never betrayed my trust, or ever given any suspicion in the least that I would, or ever so much as staggered in my principles, nor ever so much as disputed any Commands, though never so desperate that was laid upon me; no, nor ever turned my back in the field of their enemies in any of their services, so long as it was possible for a man that had any brains left him to stand; but was one of those 700 men at Brainford (my self being there a volunteer without any particular command) that with dint of sword stood it out against the whole body of the King's numerous Army for many hours together, and never stirred off the ground, till both horse and foot had as it were encompassed 〈◊〉 round, and till we came to a readiness to beat out one another's brains with the but end of our muskets, where I was taken a prisoner, and led captive in a most barbarous and disgraceful manner to Oxford, where I suffered abundance of unexpressable hardships, and underwent the shock and rid the storm as stou●ly as any man there; although I believe I was as much courted by messages from the King himself, as any, or all the Parliament men that were there my fellow-prisoners; for there I have had no less than four Earls and Lords in one day sent unto me, by Him, to draw me over unto them; but I bless God that kept me upright, and entire unto my integrity and principles, and suffered me not to turn my back upon them: But Sir, notwithstanding all this (I say) our friends desired of the Parliament, that they would be pleased to take sufficient security according to the law, for our forthcoming at all times, to answer such things as shall be laid to our charge; but their Petitions were contemned, themselves slighted and abused, and by no means could get any satisfactory answers to them. Sir, I speak here to you, and to my fellow-Citizens the Jury, as in the sight and presence of God, that knows I lie not: and if you find me to be in a lie, in the least, in what I have said, than never credit man of my profession again for my sake: Truly Sir. I say they desired them, that we might be released from our imprisonment, putting insecurity to answer whatsoever legally could be charged upon us, only they craved, that we might have the same legal privileges, that they demanded at the hands of the King, when he impeached the Lord Kimbolton, and the five members of High Treason; which privileges is easily and plainly to be read, in their own first primitive Declarations, pag. 38, 39 and 76, 77. Now abundance of the free people of this Nation, in my behalf, having craved the same privileges that was demanded for the L. Kimbolton, & in the behalf of the five members, and the like, all that they desired was no more, but the same privilege that they craved for them, which was, that I might have the due process of the law, from first to last; and I and my accusers come face to face at the beginning before an ordinary Magistrate; and if they had any thing to lay to my charge, that they would legally according to law proceed with me; but I say none of these would be granted, although themselves in several of their Declarations, have declared all these things to be the common right of all or any of the people of England, as well as Parliament men; yet notwithstanding all this, they continued in their incensed condition against me, and would come to no legal nor fair Issue with me; nor let me in the least know what was the end or thing they required of me; or what was the thing that would satisfy for the extenuation of their indignation against me; but contratiwise dealt harder and harder with me, in laying new and fresh insupportable burdens and provocations upon me: For after all this they caused me to be locked up close prisoner in the heat of Summer, set Sentinels night and day at my door, denied me the access of my wise and little babes; for a certain season neither wife nor child could so much as set their feet within the Ca●es of the Tower, to see me, or comfort me in my distress.  L. Keable. 
Mr. Lilburn is this your defence?  L. C. Lilburn. 
I beseech you, as either the law, or fear of God, conscience or common honesty dwelled within you, let me have a little fair play to go on to speak for my life without interruption, I shall not trouble you long, for I have almost done.  L. Keable. 
When your matter of fact is to defend yourself, and to answer the proof upon that, and that is it we are to hear, and not to hear you tell the story of all your life; and than if we should reply to these particular things, they will be such as most of them will vanish, and do you no service, but take up a great deal of time: do not tell us a story, but go on to finish the matter of fact.  L. C. Lilburn. 
It has been your favour to give me leave to tell it over to you, I pray give me leave to declare it to my Jury, who hath not heard it before, and it is very material to my preservation, and my life lies upon it; therefore do not deal with me as Proctors. and engaged men, with those that thirst for my blood, and laying aside that evenness of hand betwixt both parties, that aught to be in all just and righteous Judges.  L. Keable. 
'Tis 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 overrule you, though you overrule me, my blood be upon your heads, and the Lord God of heaven and earth reward you for all your bloodthirsty 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 entreating them to take notice of your cruel and unjust dealing with me, in denying me all the privileges of an Englishman, when I am upon my life.  L. Keable. 
What is material, 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 myself 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 rational 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 tyrannised 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 denied me to this day; and although I have used all Christian and fair means, to compose my differences with my Adversary's; 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 than if I cry out of my oppressions in any kind, I must have new Treasonsnares made to catch me, many months 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 die rherefore as a traitor: O miserable servitude! and miserable bondage, in the first year of England's Freedom! I have now no more to say unto you, but only this; your own law tells 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 slander may speak in the prisoners behalf, if he see any thing urged against him, contrary to Law, or do apprehend he falls 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 denied me, in the case of Mr. Sprat my Solicitor; 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, only once again, I claim that as my right which you have promised, that I should have Council 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 privileges, I shall desire my Jury to take notice, that I aver, you rob me of the benefit of the law, and go about to murder me, without and against law; and therefore as a freeborn 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 cheerful countenance, cast my life, and the lives of all the honest freemen 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 cyphers to pronounce the Sentence, or their Clarks, to say Amen, to them, being at the best, in your Original, but the Norman Conquerors, Intruders; and therefore, you Gentlemen of the Jury, my sole Judges, the Keepers of my life; at whose hands, the Lord will require my blood, in case you leave any part of my indictment to the cruel and bloody 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 Governor of Heaven and Earth, and all things therein contained, go along with you, give counsel, and direct you, to do that which is just and for his glory.  [The People with a loud voice, cried Amen, Amen, and gave an extraordinary great hum, which made the Judges lo●k something untowardly about them, and coused Major General Skippon to send for three more fresh Compani●s of Foot Soldiers.] Mr. Attorney. 
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 signify 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 witness 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 material, 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 witness 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. jones, came together, and brought the Copy of the last sheet that was to be printed: if one come with him, and the other delivered it to the Printer, they are both equally guilty alike: they came again the same day at night, and when the first sheet was printed, to be sure, it was true and right, that Mr. Lilburn did take the pains to take one of the Copies into his hand, and corrected it.  Lieu. Col. Lilb. 
By your favour Sir, he urged no such thing; by your favour fir, they are the express words of the testimony, to the quite contrary; and I wonder Mr. P●id●aux you are not ashamed, to aver such notorious falsehoods, as you do, in the open face of the Court, before thousands of Witnesses; for Newcome said no such thing, as you falsely affirm; neither is there any such Statute in Queen Mary's time that doth abolish those two Statutes of Edw. 6. that I insist upon for two Witnesses; name your Statute if you can, her●'s the Statute-book, let the Jury hear it read, and do no● abuse them with your impudent falsehoods.  Mr. Attorney. 
Well Sir, I leave it to the judgement of the Jury Sir: My Lord, as for all the rest, and particularly for that of the salva libertate, it is true, there is but one witness which is sufficient enough by the  Act of Queen Mary; but my Lord, it is under Mr. lilburn's own hand, he will not deny it.  Lieu. Col. Lilb. 
By your favour, there is no man so swears, in the least, that it is my hand, Jesus Christ denied none of his accusation; yet when they went about to ensnare him by questions, he answered Pilate, etc. Thou sayest so, go to those that heard me, they know what I said, why ask you me? Sir, I beseech you, produce your Act of Parliament in Queen Mary's time, to prove, in cases of Treason, there ought to be but a single Witness.  Mr. Attorney. 
Do not interrupt me Mr. Lilburn.  L. C. Lilburn. 
I pray you then do not urge that which is not right nor true, but notoriously false; for if you persevere in't, I will interrupt you, and tell you of it to the purpose.  Just. Jermin. 
Though you do recite many things; yet I must tell you, the Law of the Land saith, the Council for the Commonwealth must be heard.  L. C. Lilburn. 
I beseech you then, let there be no more added to the testimony, then right and truth; for my life lies upon it, and I must and will declare the business, and the falseness of it.  Mr. Attorney. 
I would not do the tenth part of the hair of your head wrong; but being entrusted, I shall do my duty, and discharge my cons●●once in my place, which is fully and plainly to open that unto them, which in my conscience I think is right and just.  L. C. Lilburn. 
I do repeat it thus, as in my conscience, that he did say, when the Copy was first brought, Capt. Jones gave him the Copy, and Cap. Jones did agree with him for the printing of it, and Cap. Jones did read the Original to his Corrector; which Correctar amended the Printers faults, and that I had an uncorrected sheet away, and that his forms were taken before he had perfected that.  Mr. Attorney. 
And Mr. Lilburn came the second time.  L. C. Lilburn. 
Will you spend all day in vain repetitions? you would not give one leave to breath, nor freely to speak truth, without interruption, although you were laying load upon me for 5 hours together: I pray sir, do not now go about to tyre the Jury with tedious repetitions, nor to sophisticate o● adulterate their understandings with your falsehoods and untruths.  Just. Jerm. 
Mr. Lilburn, the law of the land is, that the Council for the State must speak last.  L. C. Lilburn. 
Sir, your law is according to the law of God, you said, and that law I am sure, it will havo no man to bear false witness; why doth Mr. Prideaux tell the Jury such falsehoods, as he doth, and takes up six times more time to take away my life, than you or he will allow me to defend it.  Mr. Attorney. 
For the Salva, that it was delivered in the Tower which is not in London, I hear not one witness to prove that.  L. C. Lilburn. 
That is a disputable point in law, whether it be in London or Middlesex.  Mr. Attorney. 
And then, my Lord, as for the Agreement of the People, Mr. Lilburn says it was dated the first of May, 1649. and it was before the Act was made; that is dated May, 1649. and it is before the law was made in July, 1649. We do not question him for that; but when he comes to bring in those books in August last; then he does new publish that Agreement of the People, he incites them to set it up, as their Centre, Standard, and Banner.  L. C. Lilburn. 
Let me not thus be abused; that book was never fixed upon me, I was never taxed to be the Author of it, or so much as the disperser of one of them; what baseness is this in you Mr. Prideaux thus falsely to use me.  L. Keeble. 
He does you no wrong, but all the fair play that can be; he doth fix that Agreement no otherwise upon you, then by your books it is.  Mr. Attorney. 
I do acknowledge the Agreement of the people that you are charged with is dated the 1. of May, 1649 and that the evidence may allow this; as also, that that Agreement of the People that was then published, and which you in your books did own, was and is signed by Mr. Walwit, Mr. Prince, and Mr. Overton, your fellow-prisoners, as well as yourself.  L. C. Lilburn. 
There is no book yet proved mine, and if that Agreement were mine, yet it is dated before both your Acts, and was in print before they had a being; and therefore in the eye of your own law, can be no transgression; and you yourself doth not so much as accuse me for publishing or dispersing one of them, since your Acts were publicly declared.  Mr. Attorney. 
That which you owned and signed Mr. Lilburn.  L. C. Lilburn. 
By your favour sir, I never owned or signed any book that is proved against me yet; and no book in the eye of the law can be accounted it mine, until it be legally proved mine, or voluntarily confessed to be mine by my se●f.  Mr. Attorney. 
My Lord, that is owned to be so printed, when he must come and incite the people, and stir them up upon those particulats therein contained, to insist with particulars, are the dissolving of the Parliament, the having of anew, and such other particulars therein contained; and that this Agreement shall be the Centre, the Banner, and the waved Standard, unto which they shall flock, and to send Agents into several Countries to put this into execution. 
* Note that the Indictment chargeth no such thing upon Mr. Lilburn; neither was there any proof at all brought so much as to accuse him of any such thing.  Now my Lords, for this book it is not doubted, but that there are two Witnesses, that the Preparative to the Hue-and Cry was owned by Mr. Lilburn to be his own, the Erratas of the Printer only excepted, and that the Lieutenant of the Tower likewise joins in it. My Lords, I think there was not a clause read to you out of it, but what is full & home to the purpose; and as for the Outcry, the Printers test imony is complete, and the legal fundamental liberties, is owned by him in his Impeachment of High Treason against Lieut. Gen. Cromwell, 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 error 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 essence; it falls out here in this: Mr. Lilburn hath been very free in his writing, in his speaking, in his printing, and it now riseth in judgement 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 seek by glozing 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 clearly witnessed and proved before you: My Lords, you have heard the several 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 returns to Mr Lilburn again; for truly w●en he cast it upon the purest Marble or Brass, it falls off again; God he thanked that it returns 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 dig 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 fall'n 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 fall'n upon himself: It is said of those slies, whose matter is corruption, they always light upon sore places, upon galled backs, upon carrion, other birds when they sly upon fair meadows, 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 balance against Mr Lilburn; but for the Army and the Officers of it, no man can say but they have been faithful and true to their trust, gallant and courageous, and extreme successful, to the peace and happiness of this Nation; and God is pleased at this instant to own them, and bless them in a miraculous manner.  L. Col. Lilb. 
And yet notwithstanding did not you help to vote them Traitors 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 acqiescing creature, or else you had not been here this day in the condition you are in; but for all their faithfulness etc. have they not rebelled twice against their Creators, Lords and Masters?  M. Att. 
Never Army hath done greater things, and yet they have not seaped Mr lilburn's tongue and pen, they have not scaped 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 foe 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 wonderful 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 colour in law, many months before your Acts were made, and extremely oppressed; and now you go about to hang me as a Traitor, 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 do 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 boldness, with what confidence, in despite 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 himself; but in all his discourse here, he calls 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 cyphers and the like.  L. Col. Lilb. 
That's no Treason Sir, they entitle themselves the present power; and would you hang me for not giving them a better stile, than 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; and to you I must appeal for law, if you do believe, the evidence is plain and full against him, for which he stands indicted, and so Gone direct all your judgements, I have don●.  L. Col. Lilb 
Sir, by your favour, I shall desire to address myself in one word to you, which is to desire that the Jury may read the first chapter of Queen Mary, in the Statute book, and the last clause of the Chapter of the thirteenth of Elizabeth, where they shall clearly see, especially in the Statute of Queen Mary, that they abhorred and detested the making of words or writing to be Treason, which is such a bondage and snare, that no man knows how to say or do, or behave himself; as is excellently declared by the Statute of Hen. 4. v. 2.  
I have done Sir.  Lo. Keeble. 
Gentlemen you of the Jury, you are sworn, you are men of conscience, gravity and understanding to tell you of the duties of your place, that have gone through it so often, is a vain thing, the sacredness of an Oath which a man must not transgress in the least, not to save the world; you have gone so often through it, and understand it, that I need say no more, the charge you have heard, and the proofs; but for proof single or double, or triple, as some of them do amount unto a witness in this, yea, that doth double another man's witness; if I swear this thing, and another swear the same, a third the same, that is doubled upon all their testimonies: Mr Lilburn hath cited two Statutes of Ed. the sixth, to prove there must be two witnesses; but I must tell him, were there but one to each fact, it were enough in Law; for as for that which was cited of King Ed. the sixth, you have had it fully answered by a later Law of Queen Mary, which doth overrule that, and also in acts that the common Law of England shall be the rule by which all Treasons shall be tried, which reacheth to this case too, that there need no more but one witness, and this is Law; and therefore Gentlemen of the Jury that must not stick with you; that which you have heard, to concern you of the truth of the matters is this, you are not bound affirmatively to have two witnesses, but in that one witness with the circumstances concurs, that is sufficient; that which should prevail with you, is to consider the strength of the accusation, which rests in the Books, and doth consist of three heads, which are laid down in the Books themselves, which doth in the first place, so firmly express, and so fare vilify the Parliament and state as it is now established in England; the second, doth look unto the Counsels and incitations of him for the stirring up of tumults, commotions and wars in this Nation; and the third, are the things cited in his Books to that end and purpose to divide the Army; and then the otherwill take the better effect: these are the three main charges, and these the Books that come from him, do so plainly testify; that the Books are proved to be his, you are fit Judges of; but it clearly appears by those his Books that these things were in his intention.  
For that he says, it is men's that does make a man guilty, the mind, that is intended as it is expressed: Actus non faci● reum nisi mens sit rea.  
Now that mind is rea, when there is faith published, but I tell you this, these Books being admitted true; I say that never man, that acted the highest of Treasons as he hath done, hath had so much liberty as he hath had, and as I said before, never man of his condition nor any condition in England, that was indicted in such a case, ever and a Trial in such a Court, in such an Auditory, such a presence as he has had.  Lieut. Col. Lilb. 
The mores my sorrow.  L. Keeb. 
The mores your sorrow indeed, you have good cause to be sorrowful indeed, for this Act of yours thus declared, if your intentions had taken effect, your plot was the greatest, that ever England saw, for it struck at no less then, the subversion of this Commonwealth, of this State, to have laid, and put us all in blood, your plot was such, that never such was seen in the world before, to proceed from a private man as you are, therefore it must needs be heavy upon your Conscience, therefore my Masters of the Jury, look into your Conscience, & see what that saith unto you, which he stands so much upon the witnesses Testimony, are now plain and good in Law, in this cause they are multiplied, I do not know in one particular, that there is a Testimony single, but it is aggravated with many Circumstances, therefore let not that trouble you, you are the proper Judges of the matter of Fact, being of the Country, and if you have fully apprehended, the dangerous things plotted in those boooks of Mr lilburn's, you will clearly find, that never was the like Treason hatched in England, and so in God's name, as the Prisoner doth lead to your Consciences, so go and do.  Lieut. Coll. Lilb. 
I desire your favour, that there may be a course taken, thot neither my Prosecutours, nor any belonging to them, may have access unto the Jury, till they have done.  Just. Jermin. 
You Gentlemen of the Jury, I did expect it, it was expected by the Court, that some matter of Law, or some question of Law, might arise upon the evidence, which if it had, it was the duty of the Court, to have cleared it, but there does not appear, and therefore there is an end, as to the dispute of the Law.  Foreman. 
We are no Lawyers indeed my Lord.  L. Col. Lilb. 
I have begged it, and you have promised it, that I should have Liberty to plead in Law, to the Illegallities of the Indictment, but you have denied me that legal right, yea, you will not permit my Solicitor, to speak a few words for me, I dare undertake, there was never such a Trial upon English ground as this hath been, where a man hath been denied, all the legal Rights of an English man, as I have been; You Gentlemen of the Jury, who now are my sole Judges, I pray, you take notice of it.  Just. Jermin. 
There was never any such kind of abuse offered to a Court as you have given, nor never was such Language used to any Court of Justice before, that I did hear of as you have given, and certainly, the Behaviour at the Bar, doth set forth what the humours and character of the man is, for in this case, if any such dangerous thing of Acting of Commotion or Mutiny in the Army or in the Nation should have followed, it had been too late then, to have thought of the remedy; therefore the wisdom of the Parliament hath declared, that whosoever shall by writing, prenting, or by openly declaring, publish, that the present Government of England is usurped or tyrannical, it is Treason, there is the Fact, upon which all the evidence does depend, and you are to judge, whether in all those books there be not by Mr Lilburne, a traitorous Fact committed, and how clearly this does appear unto you, withal Circumstances thereunto belonging, I leave you to judge, and how short his pretended replies are to be seen, or invalidate the strength of the witnesses, I also leave you to judge. I say, I might easily show you, how short his prevented answers are of real satisfaction, but I leave it to your Judgements.  L. Col. Lilb. 
Sir, my answers are real answers, not pretended ones, as you are pleased to call them.  Just. Jermin. 
But in this business the evidences are sufficient to make a man guilty of Treason, for here was not simply a passionate Act, or inconsiderate speech, but what he hath done, he hath done deliberately, and advisedly, which is sufficient to make him or any man, that so doth, guilty of Treason. All this that was published was in August, the Act is in July preceding. Now it is very true, and I will english it. For Mr Lilburne, Actus non facit reum nisi mens rea: The Act of a man does not make him guilty, unless his mind be guilty; But I pray, how shall any man know the guilt of a man's mind but by those polluting and poisonous words that comes out of his mouth? that's the mind, what I hear a man say, I may lawfully say, he thinks; and it is a rule in Law, that the outward Acts do show forth inward intentions, that very rule I will not speak it in Latin, because I speak to one that does say, he does not understand Latin; otherwise I could speak more Latin; now here is the matter, whether or no upon the whole Evidence that you have heard, there does not appear sufficient matter to make this Prisoner guilty, not of rash but of advised and deliberate Treason, and as plainly of plotting and contriving to raise Mutiny and Sedition in the Army, thereby totally, to subvert and destroy the present Government, and truly, I have not heard more of skill has been used, and more Attempts made than I think you have heard, and do remember, I doubt not, but as you will take care of the life of a man, that you must not take away the life of an innocent, so you will be as careful of your own Souls, and the public Safety, and that's all that I desire, and I pray God to direct you for the best.  L. Col. Lilb. 
If you will not let me have Counsel, let my Solicitor speak matter of Law for me.  Just. Jermin. 
Mr Attorney, you must take some care to suppress this, he will not be answered by us, I pray demand Justice of the Court against him.  L. Col. Lilb 
Well Sir! then I have done.  [The Foreman desires the Act for Treason, and one of the Jury desired to drink a Cup of Sack, for they had sat long, and how much longer the debate of the business might last, he knew not, and therefore desired, that they might have amongst them a quart of Sack to refresh them.] Just. Jermin. 
Gentlemen of the jury, I know for my part in ordinary juries that they have been permitted to drink before they went from the Bar, but in case of felony or Treason; I never so much as heard it so, or so much as asked for, and therefore you cannot have it.  
But one of the Judges moved, they might have it.  Just Jermin. 
I may not give leave, to have my Conscience to err. I dare not, and thus if the rest of the judges be of Opinion, you shall have a light if you please, the fellow that keeps you shall help you to it, but for Sack you can have none, and therefore mithdraw about your work.  L. Col. Lilb 
Sir, I understand the Officer that is to keep their door hath declared some thing of bitterness of spirit against me, I desire therefore, he may have some indifferent man joined with him to see, I have fair play, which was granted, and he sworn.  
The Jury go forth about 5 a clock, the Court adjourned till 6 a clock, and the Court commands the Lieutenant of the Tower, and the Sheriffs to carry the Prisoner into the Irish Chamber, which they did. The Prisoner stays about 3 quarters of an hour, and the jury being come into the Court again, the Prisoner was sent for, and after the Crier had caused silence, the juries' names were called, viz.  

1 Miles Petty  
2 Stephen Isles  
3 Abraham Smith  
4 John King  
5 Nicholas Murren  
6 Thomas Dainty  
7 Edmond Keysar  
8 Edward Perkins  
9 Ralph Packman  
10 William commons  
11 Simon Werdon  
12 Henry Tooley.   Clerk. 
Are you agreed of your verdict?  Iury. 
Yes.  Clerk. 
Who shall speak for you?  Iury. 
Our Foreman.  Cryer. 
john Lilburn, hold up thy hand, what say you, (look upon the Prisoner, is he guilty of the Treasons, charged upon him: or any of them, or not guilty?  Foreman. 
Not guilty of all of them.  Clerk. 
Nor of all the Treason, or any of them that are laid to his charge?  Foreman. 
No, of all, nor of any one of them.  Clerk. 
Did he fly for the same?  Foreman. 
No.  
Which No being pronounced with a loud voice, immediately the whole multitude of People in the Hall, for joy of the Prisoners acquittal gave such a loud and unanimous shout, as is believed, was never heard in Yeeld-hall, which lasted for about half an hour without intermission: which made the judges for fear, turn pale, and hang down their heads; but the Prisoner stood silent at the Bar, rather more sad in his countenance than he was before, but silence being made.  Clerk. 
Then harken to your verdict, the Court hath heard it, you say, that john Lilburne is not guilty of all the Treasons, laid unto his charge, nor of any one of them, and so say you all, and that he did not fly it.  Iury. 
Yes, we do so.  Clerk. 
Gentlemen of the grand Inquest, the Court doth discharge you.  
And you Gentlemen of life and death, the Court doth discharge you also.  
Lieutenant of the Tower, you are to carry your Prisoner to the Tower again, and Major General Skippon is to guard you, and all whom you shall desire, are to assist you.  
The Prisoner withdrawn, and the Court adjourned till Wednesday following.  
And extraordinary were the acclamations for the Prisoners deliverance, as the like hath not been seen in England, which acclamations, and loud rejoicing expressions, went quite through the Streets, with him to the very gates of the Tower, and for joy the People caused that night abundance of Bonfires to be made all up and down the Streets; and yet for all his acquittal by the Law, his adversaries kept him afterwards so long in Prison, that the People wondered and began to grumble, that he was not descharged, and divers of his Friends went to the Judges, the Parliament, and Council of State, by whose importunities, by the seasonable help of the Lord Grace of Groby, Col. Ludlow, Mr. Robinson, and Col. Martin, his Discharge was procured, a Copy of which thus followeth.  

Whereas Lieutenant Colonel John Lilburne, hath been Committed Prisoner to the Tower, upon Suspicion of high Treason, in Order to his Trial at Law, which Trial he hath received, and is thereby 
* The Jury justified in their Verdict by the Council of State.  aquitted. These are therefore to will and require you upon sight hereof to discharge and set at liberty the said Lieutenant Colonel John Lilburn, from his imprisonment, for which this shall be your sufficient warrant.  
Given at the Council of State, at White-Hall, this 8. day of November, 1649. Signed in the name and by the Order of the Council of State appointed by Authority of Parliament. JOHN BRADSHAW Precedent.  
To the Lieutenant of the Tower of London, or to his Deputy.     

An Appendix annexed by the Publisher.  
JUdicious Reader, I have been as upright, and indifferent in writing and transcribing of the foresaid discourse, as possibly I could, without maliciously, designedly, or wilfully, wronging either the Court, or Mr. Lilburne the Prisoner, as possibly a man could be, at least in my apprehension, and if any thing be amiss, the second Edition may peradventure mend it, if more exacter Copies can be got: then I was necessitated to go by many more notable observations in the eye of Law and Reason, by way of marginal notes might have been made, then are, but time straightened me much, and fear of giving too much distaste, which might much prejudice the Printers and Booksellers, in vending of the Copies, and also I do desire all honest men, that have any interest amongst the able and knowing Lawyers of this Nation, by what name of distinction soever they are distinguished, that they would improve their interest in them, to get them to write their observations and opinions in Law, of the legality, or illegality of every particular of the whole proceed of the Judges with Mr. Lilburne, that so when he hath been ignorant of his right by Law, the next that comes after him, may be helped by their information: there is come unto my hands in print, two Copies of two of his own Letters, sent abroad a little before his Trial, as also a Petition of divers of his friends, and two Copies of his Wives, and his Brother's Petitions, which have divers rational remarkable and fair Propositions in them within their Orders, according to the day of their dates, I thought good here to insert for that end, that he and his friends abroad, may see the height of that malice that was intended towards him, and so the more be engaged to bless God, for his miraculous deliverance from the jaws of death, and the hands of ●●uel and merciless men, who by the rejecting of all his and his friends fair proffers, very much consirme me in the belief of that common report, that he was judged and condemned, before he was tried or heard, and that the next morning after his juries saving of him, should have been the time for hanging, drawing, and quartering him as a Traitor; in order unto which my Belief t●lls me, was Major Gen. Skippons fetching three fresh Companies of mercenary Soldiers, after the people's first ●●m, who were to guard him to Newgate (in case he had been condemned, which his Judges never doubted) the Jailor whereof was sent for by Col. Whaley, etc. to come and take charge of the prisoner, and he accordingly came into the Court, and stood by the prisoner, being ready to receive him, in case the honest truehearted English Jury had brought him in guilty: But now to the things themselves, the first of which thus followeth:  

The innocent Man's first Proffer. OR. The Proposition of Lieut. Col. John Lilburn, Prerogative-prisoner in the Tower of London, made unto his present Adversaries, and to the whole Nation of England, Octob. 20. 1649.  
For William Hevenningham Esq. of Hevenningham, in Suffolk, these present.  
Honoured Sir,  
HAving sometimes the opportunity to discourse with you, there appeared that in you unto me, that gives me encouragement to pick you out above all men that now remain sitting in your house, to write a few lines unto in as moderate a way, as my condition and provocations will permit me; I have now within very few days been 7. months a prisoner, the legality or illegallity of which I shall not now discourse, having already of late said so much in my own Defence 
* See my Salva Libertate sent to the Lieutenant of the Tower in Septemb. last, and my Discourse with Mr. Prideaux, entitled, Strength out of Weakness.  grounded upon the Law, your own Declarations, and the Armies; which with other things (it seems) hath occasioned your house to pass a special Commission of Oyer and Terminer, to try me, which whether such a special Commission, made by never so unquestionable Authority, be not contrary to the Petition of Right (which you have so often sworn, and particularly declared to maintain inviolably) I shall for brevity's suke not now dispute; only give me leave (and I hope without any offence) to put you in mind of that excellent and printed Argument (in speeches and passages of Parliament, 1640, 1641. page 409, 410, 411, to 417.) of Mr. Hides, your quondam fellow-Member, before the Lords in Parliament, as the then Mouth of the Commons-house, in April, 1641. upon the special Commission of Oyer and Terminer, that was exercised in the five Northern Counties at York, in which argument, besides many excellent & observable passages about the midst of it, he interrogates & saith; What hath the good Northern people done, that they only must be disfranchized of all their privileges by Magna Charta, and the Petition of Right; for to what purpose serve these Statutes, if they may be fined and imprisoned without Law, according to the discretion of the said Commissioners (of special Oyer and Terminer) what have they done? that they and they alone, of all the People of this (then) happy Island, must be disinherited of their Birthright, of their Inheritance?  
I shall at present make no application for myself, only I shall add a few more of his lines toward the conclusion of his Argument, in page 415. which I hope cannot be offensive, being spoken by him that was so eminently authorized thereunto, where he saith to the Lords:  
Truly my Lords, these vexed worn people of the North, are not suitors to your Lordships, to regulate this Court (of Oyer and Terminer) or to reform the Judges of it, but for extirpating these Judges, and utterly abolishing this Court: They are of Cato's mind, who would not submit to Caesar for his life, saying, he would not be beholding to a Tyrant for injustice; for it was injustice in him to take upon him to save a man's life, over whom he had no power: which Court of special Oyer and Terminer, was absolutely and totally abolished, by that excellent Act that abolished the Star-Chamber, being the 17. of the late King. Anno. 1641.  
But Sir, if it shall be objected against me, that you are necessitated to take such an extraordinary course with me, as a special Commission of Oyer and Terminer is, because I will not own your Authority: yea, and if you so continue, to deal with me as you dealt with the late King. Unto which at present I answer, first, the King's 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 appears in his Answer to the Petition of Right, Anno. 1627. and in many of his Declarations made since the beginning of the late Wars, and by his Speeches at his death; by virtue of which, he judged himself as not liable or capable of being judged by any power on earth, but only by God alone, and as being in any sense not in the least for any action he did (though in itself never so vile) subject to the punishing part of the Law.  
Now for my part, I do not in the least refuse to be tried out of that consideration, for I acknowledge myself but a bare Englishman, subject to the Laws thereof, as well in the penal, 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 controversy would not long last betwixt us.  
But seeing, betwixt my adversaries and myself, there is a difference about the legality and justness of power, which in some late printed papers and popular discourses, is made use of against me, as though I had a self conviction in mine own Conscience, of my own guilt, and therefore do ayoid, as much as in me lies, a Trial.  
To take off which, and to lay myself and my adversaries nakedly, and fully open, to the judgement and censure of all ingenuous and rational men in England, I do hereby under my Hand and Seal (for that end it may be showed 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 enclosed, that I am willing and ready, if they please, to choose one of your own twelve Judges, that sit in one of the three public Courts at Westminster, and all or any of my adversaries shall choose which of the eleven remaining they please, and I will freely and voluntarily oblige and bind myself under my Hand and Seal, before Witnesses, to stand to their final and absolute determination, (upon the principles of Law, for all differences betwixt them (or any of them) and me, although it reach to banishment, loss of estate, limb or life; so my adversaries will do the like.  
Provided, the hearing may be open, public, and free, indifferently for both parties, and that the Judges give their judgement 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 fair as any rational 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 Son of God, (Jesus Christ) contained in the Scripture (the volume of truth) viz. to do as you would be done to, which is the sum 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 blood, cannot, nor will not, refuse it; but to make it more fair, if they judge it inconvenient, to fix upon two of your own Judges (who in interest are positively engaged against me) I will be content they shall choose one Scholar, commonly called a Clergyman, and I will choose another; or a Citizen, or a Countryman, (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 entreating 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 foregoing Epistle, I understand that Wednesday next being the 24. of Octob. 1649. is positively resolved by my Adversaries, to be the day of my trial; and therefore I cannot choose 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 Council of State's Pensioner, renders me in his late false and lying book to be an Atheist, a denier 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 die 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 conscientiously 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, than 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 control, 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 die; 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 broths, and his wife's Petition; the Copy of which thus followeth:  

To the right honourable the supreme 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 incurred the displeasure of this honourable house; yet since God hath so ordered humane affairs, that 'tis incident to his people, though of real integrity, and of hearty desires of good to the Nation, to differ about the means, times, and seasons requisite, for the accomplishing thereof, we hope your wisdoms will put the most favourable interpretations to such differences, and not to attribute them to any evil intention or design, but an over-earnest longing for such a perfect settlement of this Commonwealth, which time only, and further opportunity can afford us.  
We humbly conceive, he hath formerly given sufficient proof of his faith and fidelity to his Country, by his former sufferings, both before this Parliament when he bore testimony against Regal and Episcopal tyranny, and since also, in the frequent exposing his life to the utmost of dangers in your service; in all which, he did manifest, that the temptations of this world were not able to shake his integrity, and that for the enjoyment of any outward emoluments, he could not forsake the dictates of his own conscience; and though we could hearty wish he had forborn those things, which have drawn upon him his late sufferings, yet are we well assured, and that upon the nearest and strictest scrutiny we can make into his heart, that no indirect ends, or worldly allurements, have engaged him therein; a manifest argument whereof, we humbly conceive to be, for that neither the urgency of his necessities, which have been very great, and which are usually very persuasive to men not guided by conscience; not yet the importunity of dear friends, which have not been wanting, and yet not any whit restrained therefrom; and therefore we hope this honourable house will distinguish betwixt weakness and design, and think of some way of moderation towards such, as instigation of conscience, and error of judgement, have brought into your displeasure.  
And though the obligation of our particular relations, cannot but move us to this address on his behalf; yet we humbly conceive, it will not only occasion much sadness to many of your friends, but much more joy to the common enemy to see his ruin: Yet considering his principles are a burden to this State,  
We do therefore most humbly present our assurance and confidence of his purpose, to withdraw himself into some foreign Country, desiring he may have his money, which is necessary to his and his Family's subsistence in their transplantation, and convenient time to prepare himself to go, and he will wholly betake himself to his particular duty and Calling, and that those of his judgement who are free to go along with him, & have arrears due to them from the Parliament, may have their arrears paid unto them, and be permitted accordingly to transplant themselves, humbly imploring this honourable house to take the premises into speedy and serious consideration, and laying all his former merits, faithful services, persecutions, stripes, bonds and imprisonmets, with hazard of life, and loss of estate, in opposition to Regal and Episcopal tyranny in balance to his late miscarriages, to do therein (out of your wont mercy and clemency) as may be most for the glory of God, frustrating the longing desires of the common enemy to see his ruin, rejoicing and satisfying the Spirits of many of your friends; and for answering the humble and most earnest request of your Petitioners, whereby they shall be for ever engaged  
This was delivered the 22. of Octob. 1649. but was altogether fruitless; the next thing in order thus followeth. To pray, etc. Robert Lilburn, Eliz. Lilburn.    

The innocent Man's second Proffer, Made unto his present Adversaries, Octob. 22, 1649. and communicated unto them, by his loving Brother Col. Robert Lilburn.  
BROTHER,  
IN answer to your late Letter, I can make no other Proposition, besides what is in my Letter to Mr. Hevenningham of the 20 present, than this; That seeing myself, and the principles I profess, are a burden to the men in present power, therefore (for peace and quietness sake only) I will engage (enjoying my money and my immediate liberty) that I will within 6 month's time transplant myself into some part of the West-Indies; provided, that all those that are free and willing to go along with me of what quality soever, may have free liberty at their pleasure to go, and provided, seeing many of those I know willing to undertake the Journey are made very poor by reason of their sufferings in the present distractions, may have all such moneys justly paid unto them, as is owing them, either upon arrears, for faithful service already done, or for moneys lent to the Public, that so they may be the better enabled for their Journey, they engaged thereupon to go; and provided, that other that are willing to go, and are so very poor, that they cannot transplant themselves, may have from the Public some reasonable allowance for that end, this being the Land of their Nativity, where by the Law of Nature, they may challenge a subsistence; and therefore it is but just, seeing their company and principles are a burden and trouble to the men in present power, that they should make their willingness (for peace sake) able to transport themselves inte a Desert, where, with industry, and the blessing of God thereupon, they may expect a lively hood, and this, with the engagement of the present Power, for a peaceable protection while we stay here in England, and for their assistance for a reasonable Convoy in some part of our Journey, I will engage in security, I will not act against their Power, during my stay in England, directly or indirectly; but for me to engage singly to go alone, seeing I know no Plantation already planted; but I would sooner choose, to be cut in pieces in England, then engage to go to it: therefore particularly I shall not engage, without the terms abovesaid, come life, ●ome death, to which I shall stand: Witness my hand,  
Tower, Octob. 22. 1649. JOHN LILBURN.  
This was sent to Col. Rob. Lilburn, who shown it to several Parlimen, but all in vain, for nothing would serve their turn but his blood. The next in order, is that notable Petition of his Whalebone friends, already in Print; the Copy of which, for its worth, I judge fit here to insert, which thus followeth.  

To the Commons of England, Assembled in Parliament. The humble Petition of the well-affected, in and about the City of London, Westminster, and parts adjacent; Presenters, and Approvers of the late Petition of the 11. of September, etc.  
SHOWETHS,  
THat as the Wisdom and Goodness of God is the best example to all Authorities in the World; so those in Authority can in nothing more resemble God, then in their readiness to hear and receive the complaints and Petitions of any that apply themselves unto them: And who in cases of dissatisfaction willingly condescend to a reasoning out of all doubts and differences, for so his goodness daigned to commune with his Servant Abraham, and even to a sinful and gainsaying People he saith, come let us reason together.  
And surely, if ever here were need of such a goodness, now is the time, when not only 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 Commonwealth in a condition of freedom, or exemption from grievances and burdens (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 immediately have been ordered, according to that Moddell of an Agreement of the People, tendered by the Council of the Army, or in some other way: And that because that honourable Council in their Declaration of December last, Declared, That they should not look on the remaining part as a former standing power to be continued; but in order unto, and until the introducing of a more full and formal 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 Supreme Authority was fixed in the same Persons during their own pleasure, it rendered that Government no better than a Tyranny, and the People subject thereunto, no better than Vassals: That by frequent Elections men come to taste of subjection as well as Ru●e (and are thereby obliged 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 only 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 itself, and so essential to the liberties of the Nation, perplexeth us above measure; and we entreat some satisfaction therein.  
And truly when you had voted the People under God to be the original of all just Power, and the chosen Representatives of the People, the Supreme 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 supreme Law-making Power.  
Much less, that such ensnaring Laws should ever have issued from a house of Commons, so often and so exceedingly purged, (intentionally by the Army) for the freedom of the Commonwealth, 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 forbidden.  
Also your Act for continuance and receipt of Excise (which every one hoped upon the prevailing of the Army, would have had a final end) to Trade more oppressive than all the Patents, Projects, and Shipmoney put together.  
Also your Act for continuance and strict receipt of Customs was exceeding cross 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 raised in an ordinary way of Subsidies, it would go very fare towards the public 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 public moneys by way of Subsidies.  
It was hoped also, That you would have done something towards easing the People of the long complained burden of Tithes, rather than to have enforced the same upon triple damages.  
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 Bishop's times, and in the time of the late unpurged Parl. rather than such an Act against all unlicensed Printing, Writing or Publishing, as for strictness and severity was never before seen in England, and is extremely 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 man's Liberty and Property according to that excellent Law of the Petition of Right, you may soon conceive what heart-breaking & torment of spirit was occasioned by, your seizing in an hostile manner such constant cordial Promoters of those excellent Maxims 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 searched more than once, to find matter against them (things altogether unparliamentary) yea, denied a legal Trial, no legal Crime being laid to their Charge, nor Accuser or Witness ever seen by them face to face, as Law requires; and this to the Ruin of themselves and Families, as to temporal subsistence: We profess 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 extreme provocations, you seem Resolved to take away the life of our dear friend Mr. Lilburn, and others, not by any ordinary way of Trial at the usual Assizes, but by a special 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 Soldiers 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 dear 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 than Mr. Burton, Mr. Prinne, and Dr. Bastwick, in the Bishop's time, and how soon intended to be proceeded against, by special Commission of Oyer and Terminer, (we cannot but fear:) This makes our very hearts to bleed, and our Bowels to earn within us; insomuch as if no Reason, Conscience, fear of God, or sense of Religion will put a speedy stop to these proceed, but our most dear Friends (because ever faithful to their Country) must thus be ruined and slaughtered, under pretence of Trials; we shall not desire to breathe 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 England's liberty (as you would have it esteemed) which in our apprehension exceeds in misery and thraldom, the worst of England's 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 men's persons by Pursuivants & Messengers, to swear men against themselves; Taxes and Impositions never so high, and Soldiers (not civil Officers) set to gather them, to the terror of the people; and upon the least denial, either violence or an Imprisonment certainly ensueth: Lawyers in effect are said to rule all, the Laws are trod under foot by them, and wrested to what sense they please, and Law suits extended beyond all reason, in respect of time and charge, than (as is verily supposed) having madded 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 Gaolers, and the poor abroad even perish for want of employment, and through the excessive price of food, and few or none lay these things to heart: And if any do, and become passionately affected there with, and but speak their minds freely thereof, or (as hath been usual and commendable) endeavour to get People together in meetings, and propose Petitions for redress, the Puritans were never more reproached in the Bishop's 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 form, as Atheists, Levellers, Libertines, Introducers of Monarchy, Anarchy, and Confusion; which are poisoned Arrows shot principally at us and our Friends, though must unjustly, none hating or abhorring either the Principles or the Practice more than we or our Relations.  
To our understandings, this is truly our mice rabble condition, and the sad condition of the Commonwealth, and which is the more grievous, (because in a time when upon promises made in the presence of God and with appeals to his m●st righteous judgements, we justly expected the clea●est and largest Freedoms, with even a total redress 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 ourselves or our Friends that are both in misery and danger, and the Commonwealth that lieth in no small degree of thraldom, we are exceedingly to seek, and therefore as in fit condition for his help only, that is a present help in time of trouble, and who maketh man's extremity his opportunity, we most humbly and ardently beseech his divine goodness to vouchsafe you a true Christian like Spirit of Condescension, whereby you may be inclined to appoint some impartial persons to inform 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 only 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 ways of God, then by force or threats to stop our mouths, or suppress 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 heal (it being God's way) we would beseech you to render up unto the People their long detained right of new Elections, and a new elected Parl.  
To fulfil your promises concerning Magna Charta, and the Petition of Right, to unbind every burden, and to break every yoke; to give bread to the hungry, when you see the naked to cover him; and not to hid yourselves from those of your own flesh (your present humble Petitioners) though never so much scandalised and reproached: To deliver the Captive and set the oppressed free, and if for a testimony of your real intentions herein you shall release unto us ours and the Nations true Friends, though pointed unto death or continuance in bonds, we shall rejoice 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 Sergeant at Arms, 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 Laws established, part book declare. 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 supreme Authority of this Nation, the Commons of England, in Parliament assembled. The humble Petition of Col. Robert Lilburn.  
Humbly showeth,  
THat although of late presenting an humble Petition to this Honourable House, in my own and my Sister's 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 only 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 frailties, but also exceedingly afflicted with the long continual 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 honourable 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 proceed against him for some reasonable time, I should be able to convince him of the evil, of any thing that is really evil of itself, and whereby possibly upon a mistaken conscience, he may unwillingly have incurred your displeasure: or if I should fail thereof, yet then that I should prevail with him to betake himself to some foreign habitation, and whilesthe shall remain under your government, or elsewhere, for my engagement sake, not in the least measure to disturb you in any your proceed. And therefore as an humble Servat and faithful Soldier of yours, for whose safety and preservation, I have often readily adventured my life, I have taken the boldness again to presume upon your serious affairs, and most humbly and earnestly to entreat, as the only favour, that ever you intent towards me, that you would be pleased to vouchsafe upon this my humble suit, that my said dear brother's trial, may for some reasonable time be yet suspended. In which time, I do hereby become bound unto this honourable house, upon all the ties and bonds of Christianity and sincerity, to prevail with him, to do what shall be in one respect or other to the full content, satisfaction and honour of this honourable house, and cannot but be full of hope, that you will yet incline unto, and grant this my humble Petition, whereby I shall ever be more strongly obliged, to  
Pray for your eternal peace and prosperity, ROBERT LILBURN. This was delivered the 23. of Octob. 1649.   
Upon the delivery of all which, Mrs. Lilburn perceiving that nothing would serve their turn, but absolutely her husband's life; and being extremely abused by the reviles and threats of several of the me ubers, but especially old Mr. Valentine, that used her most unworthily and basely; in a distempered and half-distracted condition, she came home to the Tower to her husband, and with much opportunity in the bitterness of her spirit, besought her husband to stoop as low as possibly he could for the safety of his life: in the preservation of which, he●s was locked up, who upon her bitter mourning and crying, and the beholding the anguish of spirit of her that had been so faithful and hazardous a yokefellow to him in his above 7 years' sorrow, wrung from him with much ado the copy of these lines following.  
To the Honourable Wil Lenthal Esq Speaker to the Knights, Citizens, and Burgesses assembled in Parliament, to be communicated to the House.  
Honoured Sir,  
AS a man being somewhat at present confounded in myself, through a strong confidence of my own innocency (having sustered above measure, but intentionally done injury unto none) and pressed under with the importunity of friends, especially with the heart-breaking sighs of my dear but even half-distracted wife, as when my late children lay in a most disconsolate condition (which ended their lives) your house did me the favour to grant me my liberty to visit them, which I think was the saving of her life: So now greater importunities lying upon me from divers, and her that is dea●er to me then many lives, I as earnestly entreat you to move your house in the most effectual manner you can, that my trial (so suddenly intended) may for some reasonable time be suspended, that so I may have time to hear and consider what many of them say they have to offer by way of reason and argument, to persuade me to what at present my conscience is not convinced of. And I should likewise be desirous, if your house should judge convenient, that some competent number of Gentlemen of your house might be permitted to debate with me those particulars, wherein I have appeared most to differ with other men's judgements: whereby possibly rational arguments may be so strongly urged, as peradventure may give such satisfaction as may tend to the reconciling many differences and distractions: upon the knowledge of the acceptance of which during all that time of suspension of Trial, I do hereby faithfully promise, not in the least to disturb those that shall grant me this favour, being not so apt to make disturbance, as is conceived: and herein you will exceedingly oblige  
From the Tower of London, this 24. of Octob. 1649. Sir, Yours to serve you, JOHN LILBURN.  
Which yet availed nothing at all, but added to her sorrow; which being very great, he got his friends to entice her into the City, under pretence to go look after his Jury, and there to keep her, till his intended bitter portion were over; but although many have said, he used foul play towards his Jury, which was of his Adversaries own calling, viz. Col. or Sheriff Wilson, who is both a member of the House, and also of the Council of State, & who had not a dram of affection or compassion towards him in the least, in the pannelling either of his Juries, whose affection to his life may easily be discerned, by his pannelling the grand Inquest, a copy of whose names by an extraordinary strange providence, is within these few hours come to my hands, after all the ordinary ways were despaired of, as being impregnable by the forceable Engines of Gold or Silver; which Inquest are most of them, if not all, engaged persons, the names of which as they are come to my hands, thus follows.  

1. Robert Manwayring.  
2. Alexand. Bormington.  
3. Simon Greenhil.  
4. Thomas Landal.  
5. John Stone.  
6. John Allen.  
7. Anthony Webster.  
8. Francis Woolly.  
9 John Hind.  
10. Rob. Kendish.  
11. Rich. Young.  
12. John Brett.  
13. Robert Sweet.  
14. Jesper Clayton  
15. Francis Ashhurst.  
16. Philip Meade.  
17. Thomas Smith.  
18. Matthew White.  
19 William Rowel.  
20. Samuel Ravenscraft.  
21. Rich. Gibbs, bro to Al. Gibbs.   
A little time will produce very notable things about some of 〈◊〉 principal engaged men of the aforesaid grand inquest, that may be very fit for public view, as also about Mr. Prideaux, the Attorney General's Carriage towards them in the Business, which may prove good soundations for able and f●●thfull Lawyers, 〈◊〉 draw their results in Law against them, as the foundatione of good and sound actions in Lavy for Mr. Lilburn to render good damages against them for their illegal unjust malicious and bloodthirsty prosecuting him for his life.  
And also there is more than bare hopes of the publishing an exact Copy of the Lord Kebles Charge to the grand inquest, which I understand just now is complete in Short hand, and hath as many remarkable things in it, as is in either of the two day's Passages that followed it, all which rightly considered, might make ingenuous men blush by force to take from, and by force ●et to detain Mr. Lilburnes Estate from him, as he avowedly yet saith, Sir Arthur Hazde●●g hath done and yet doth, considering so much injustice and malice hath been used towards him as hath been done: the detention of which can be upon no other grounds, being his all; but to necessitate the honest man again to cry out of his oppressions, by means of which Sir Arthur, etc. might either by a Council of War●●, or a pretended le●●islative ●ill of attainder, take away his life without any more Trial, by a fury, and so accomplish that which many letters out of the North declares, was Sir Arthur's avowed and declared end o● his last journey from New●●stly, and if this were not still the design against Mr. Lilburn, without doubt Sir Arthur would not suffer a day to p●sse over his head before he had put Mr Lilburn in the full possession of his money, as by Law and equity he ought to do without any more outcries from him, or any of his friends for him.   
Nec lex est instior ulla,  
Quam nens artificem arte perire sua.  
'tis just he should be tangled in the snare,  
Which for another man he did prepare,  
November, 1649.  
FINIS.