1265]

soners there, which, as he saith, are good store.
Therefore if your lordships did not at all value
should have soine
methinks you
my person, yet
care of it for your own friends good.
Court. Sir, have you no more to say?
Morris. My lords, still I appeal to my Com-
mission, which I conceive is sufficient to defend
me withal, in what I have done, notwithstand-
ing your power to the contrary.

Court. It is nothing at all, we have power to try you here.

Morris. Then, my lords, under correction, laymen may as well be tried at a Martial Court: which if granted, those excellent acts of Magua Charta, and the Petition of Right, would be destroyed.

Court. But you are not looked on here as a soldier; we shall do what in justice belongs

to us.

After he had answered, the Court commanded irons to be laid on them. (Cornet Blackston being condemned at the same time.)

Morris. My lord, I humbly desire that we may not be manacled; if you make any doubt of us, that we may have a greater guard upon us.

遷

Lord Puleston. Sir, you that have made such attempts through such guards, as were of purpose set to receive you, ought to be looked to now. Yet, if Mr. Sheriff please, I am content.

Morris. Mr. Sheriff, I desire that this manacling may be forborn: if you please to clap a guard of an hundred men upon us, I shall pay for it. This is not only a disgrace to me, but in general to all soldiers; which doth more trouble me than the loss of my life. Mr. Sheriff, what do you say?

Mr. Sheriff. Sir, irons are the safest guards. Morris. My lords, hitherto, thank God, Morris. My lords, still, under correction, I have not done any unsoldiery or base act, I have taken the Oath of Allegiance, and and to begin now, I will not do it to save my conceive in that I was bound to do as much as I did or have done, though I had not had any life; and though you look upon me Sampsoncommission at all. And I beseech your lord-wise, I vow to God, I would not touch the pilships that you will do me justice, and not in- lars, though it lay in my power to injure you; cline to the right-hand of affection, or the left therefore I still beg pardon, that I may not be to hatred; but to have an ear for the accused manacled. as well as for the accuser: neither have I acted any thing contrary to my allegiance, which allegiance I was willing to pay to the son, as well as to the father. Now for the allegiance, I owe to any person or authority but to these, I know

none.

Lord Thorpe. Sir, if you have any thing else to say, speak for yourself, for this is not much to the purpose.

Morris. My lord, it is true, since you have rejected that authority which I acted by, I might as well have held my tongue at the first, and spake nothing, were it not for the satisfaction of the hearers; but if it must be so, that you will make me a precedent, you must do with me as you did with ny dear and honoured lord [meaning my lord of Strafford] making an Act for the future, that this my suf fering shall not be a precedent to any soldiers hereafter. Besides, my lord, this same Statute which you allege against me is, if that any shall act against the king, it is Treason; which I have not done; but contrary, for him, and by his authority. And there is an Act of 11 H. 7, cap. 1. That whosoever they are that shall aid or assist the King at home or abroad, shall not be questioned at all.'

Lord Thorpe. It is true, sir, but Hen. 7, then stood in a fickle condition, and being an Usurper, made that Act for his own safety; sometimes the duke of York ruling, sometimes the duke of Lancaster, and others contending, therefore it was enacted.

Morris. My lord, but this same Act of H. 7, was later than that of Ed. 3, which you have laid against me; and as yet was never repealed, until this last Act of 14th of July, before which time I had delivered the place.

up

Lord Thorpe. Well, sir, it seems you have

not any more to say.

VOL. IY.

Under-Sheriff. Come, sir, it cannot be helped, we are commanded.

Morris. My lord, I beseech you grant me this favour; it is not my life I beg, but to forbear this manacling, which shaine and dishonour doth more trouble me, than the loss of my life.

Under-Sheriff. It must be done.

And upon that, did it, and carried him away. After dinner, the Jury brought in their verdict, Guilty of Treason. †

* As to prisoners being in irons at their Trial or Arraignment, see the ninth Resolution preparatory to the Trials of the Regicides, A.D. 1660 [infra.]

+"Letters from York, that one Morris, and one Blackston, were arraigned before Baron Thorpe, and Judge Puleston, for levying War against the Kingdom; they pleaded Not Guilty, but desired, as they were martial men, that they might be tried by martial law' which Morris at last said, 'He was denied them. 'would be tried by God and the Country,' and seventeen Witnesses proved fou! crimes against him. He had two sheets of paper written with matters of Law, and Statutes, many of which he pleaded, and urged the cause of the War betwixt the two Houses of York and Lancaster, the difference of which from his case was shewed by the Judges. Then he produced a Commission from the King when he was Prince; the Judges told him, that the Prince was a Subject as well as he, and must be tried by the same law. He was found guilty of Treason, and manacled with irons: at which he said,

What, a martial man ironed? The like pre'cedent was never before known.' He desired

to have a strong guard, saying, 'Let me be 'damned if I escape;' but it was denied, so

4 M

Morris. My lord, I am here found guilty of Treason by that villain Brooke, whom I know to be mine enemy, and the first man that I did except against: in which I conceive I have re-doubt, better than any will be after it, unless a ceived hard measure, for none could have found me guilty of Treason, bad they gone according to the letter of the law, which they did

will never do and though thou kill me, yet | day, and I shall see thee in my flesh with these
will I put my trust in thee; wherefore I trust
in God he will not fail me nor forsake me."

licly and some privately: the public was this

which follows:

eyes, and none other. And now, O Lord, let thy spirit of comfort help mine infirmities, and Then he took his Bible, and read divers make supplication for me with sighs, and Psalms fit for his own occasion and consola- groans that cannot be expressed; I submit to thee as my faithful Redeemer, who hast tion, and then put up divers prayers, some pub-myself wholly to thy will; I commit my soul bought it with thy most precious blood. I confess to all the world, I know no name under heaven by which I may be saved, but thine my Jesus, my Saviour; I renounce all confidence in any merits save thine; I thankfully acknowledge all thy blessings; I unfeignedly bewail all my sins: I stedfastly believe all thy promises: I heartily forgive all my enemies : I willingly leave all my friends: I utterly loath all earthly comforts, and I entirely long for thy Come Lord Jesus, come quickly; coming.

"Welcome blessed hour, the period of my pilgrimage, the term of my bondage, the end of my cares, the close of my sins, the bound of my travels, the gaol of my race, and the haven of my hopes; I have fought a long fight in much weakness; I have finished my course though in great faintness; and the crown of my joy is, that through the strength of thy grace, I have both kept the true faith, and have fought for my king, the Lord's anointed's cause, without any wavering; for which, and in which I die; I do willingly resign my flesh, I despise the world, and I defy the devil, who hath no part nor share in me. And now what is my hope? my hope, Lord Jesus, is even in thee: for I know that thou my Redeemer livest, and that thou wilt immediately receive my soul, and raise up my body also at the last

Lord Jesus receive my spirit."

The private were to himself, his hat being before his eyes. After this, he put up divers short ejaculations: As, "I know my Redeemer liveth: Father into thy hands I commend my spirit, for thou hast redeemed it, O God, thou God of truth: Lord Jesus receive my spirit:" and many of the like; and so he yielded to Death.

186. The Trial of Lieutenant-Colonel JOHN LILBURNE,* at the Guildhall of London, for High Treason: 1 CHARLES II. A. D. 1649.

THE Commissioners Names of the extraor-At
dinary Commission of Oyer and Terminer, for
the Trial of Lieutenant-Colonel John Lilburne,
follow :

Thomas Andrews, Lord-Mayor.

Richard Keble, Lord-Commissioner.
Philip Jermin, Justice of the Upper Bench.
Thomas Gates, Baron.

John Puleston, Justice of the Common-
Pleas.

Francis Thorp, Baron and Member.
Robert Nicolas, Member, Richard Aske,
tices of the Upper Bench.

the Guild-Hall of London, the 24th 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 he brought up the Prisoner out of the Irish Chamber, where he had been some Jus-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.

Peter Warburton, Justice of the Common-Pleas.
Alexander Rigby, Baron; but absent.
Serjeants at Law;-John Green, John Clark,
John Parker.

William Steel, Recorder.
Henry. Proby, Common Serjeant.
Aldermen;-John Fowke, Thomas Foote, John
Kendrick, Thomas Cullum, Simon Edmonds,
Samuel Avery, John Dethicke, Robert
Titchburn, John Hayes.

Sir Tho. Fowler,
Sir Henry Holcroft,
Sir Wm. Row,

Sir Rd. Saltonstall,
Sir Rd. Sprignall,
Sir John Wooliston,
Sir Win. Roberts,
Thomas Brigandine,
Nathaniel Snape,

Edward Rich,
Owen Roe,
Tobias Lisle,
Austin Wingfield,
Richard Downton,
Danjel Taylor,
Wm. Wibend,
Silvanus Taylor,

Cryer. John Lilburne, hold up thy hand.

Lieutenant-Col. Lilburne directed himself to Mr. Keble, one of the Keepers of the Great Seal, as the President of the Court, and said to this purpose: Sir, will it please you to hear me? and if so, by your favour thus. All the privilege for my part that I shall crave this day at your hands, is no more but that which is preperly and singly the liberty of every free-born The benefit of the Laws Englishınan,+ viz.

* See his Case in the Star-Chamber, A. D. 1637, ante, v. 3, p. 1315.

+ Lilburne, it seems, had obtained the appellation of "Free Born John." In 1 Thurloe's

and Liberties thereof, which by my birth-right and inheritance is due unto me; the which I have fought for as well as others have done, with a single and upright heart; and if I cannot have and 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 scorn 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, m whose power my confidence is fixed, whom I take and own to be my stay, my staff, 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 ever more. 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 and light of nature. And I shall do it with that respect, reason and judgment, 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.

for my life at their bar, without check or controul, 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, and is the face of all the Court, and in the face of ail the country present there, told me; Capt. Li burne, you are brought here before us for HighTreason, for levying War in Oxfordshire agaust your sovereign lord and king; and though you be now in a garrison, and were taken in arms open hostility against the king, (yea Sir, and I must now tell you, in such hostility, that we were but about 700 men at Brentford, thet withstood the King's whole Army in the field above five hours together, and fought it out to the very sword's point, and to the butt-end of the musket; and thereby hindered the King from his then possessing the Parliament's tram of artillery, and by consequence the City of London, in which very act I was taken a pnsoner, 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 Martial laws, or any other arbitrary ways; but we will try you by the rules of the good old laws of England and I have several times been arraigned for my whatsoever privilege in your Trial the laws of life already. I was once arraigned before the England will afford you, claim it as your birthhouse of peers for sticking close to the Liber-right and inheritance, and you suai enjoy i ties and Privileges of this nation, and those that with as much freedom and willingness, as if stood for them, being one of those two or three you were in Westminster-Hall, to be tryed men, that first drew their swords in Westmin- amongst your on a party. And this we will do ster-Hall against col. Lunsford and some scores for that end, that so at London your friends of his associates. At that time, it was sup- shall not have any just cavee to say, we murposed, they intended to cut the throats of the, dered you with cruelty, or denied you the benechiefest men then sitting in the House of Com-fit of the law, in taking away your life by the mons: I say, for this, and other things of the like nature, I was arraigned by the king's special command and order, the 1st of May 1641. I mention it to this end, that when I came before the House of Peers, where was about three 1 or four-score 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

State Papers,320, is an intercepted Letter, dated June 27, 1653, and signed Lovell, containing this passage" Free Born John is turned to the sessions in the Old Bailey, and, I believe, will, speedily be hanged." See his Trial in July 1653, intra. See, too, 7 Rushw. Coll. Dec. 1647, 811, in the margin.

1

rules of our own wills. Nay, further said he, Capt. Lilburne, it is true I am a judge, made by my sovereign lord the king, according to his right by law, [See the 27 of Hen. 8, c 24.] and so in a special manner am his servant and counsellor, and am to act for his good, boneût, and advantage: And yet notwithstanding, it s by the known laws of this land my duty to be indifferent and free from partiality betwixt me 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 bath the life of a man in tenderest and highest estimation: [Sce the 2nd

* See his Case, ante, p. 167.