Lord Keble.—Mr. Lilburne, we come here to vindicate the liberties and laws, and I must let you know our commission is warrantable by them. As to your apprehension in an hostile manner, the law allows the power of the county to be raised, and the sheriff may take what power he pleases.
Lieutenant-Colonel Lilburne.—Not unless I resist; neither was any sheriff, constable, or civil officer there.
Lord Keble.—They may do it before they see him, as they are informed of the danger of the man. As to the proceeding in the Star-chamber, or those in the North, no one here justifies it; but to tell us to our faces we are created by the attorney-general, is not to be suffered; therefore, behave yourself like a rational man.
Lieutenant-Colonel Lilburne.—With your favour, but one word more.
Judge Jermin.—Mr. Lilburne, pray hear the court. This court is constituted by the supreme and public authority of England; most of us are judges of the law, and sworn to do justice to every man, and that you shall have; and you have received more favour than any man accused of treason ever had. Our commission is founded on the statute of Westminster, 2, which was obtained by the Baron's wars, and purchased by the sword for the liberties and privileges of the subject. You are to answer the charge of opposing the supreme authority now settled in the House of Commons, not newly erected, but revived; for it was so in the Saxons' and Romans' time. Our commission is general; but the grand inquest have found no traitor but Mr. John Lilburne; and the treasons are so dangerous that they call for justice against you; and I require you to put yourself upon your trial, and hear the treasonable offences laid to your charge.
Lieutenant-Colonel Lilburne.—That gentleman says I have had more favour than ever he heard of: Mr. Throgmorton had as much or more, who was impeached of higher treason than I am, and that in the reign of Queen Mary, who was accounted the bloodiest prince that had reigned in England for many hundred years; he was tried in this place, although his judges and prosecutor were bent to take his life, right or wrong; so that it is no extraordinary favour; it is only my right by law. And as I have given good reasons against the legality of a special commission, and suppose yours to be so, I desire all my friends, and all good people present, to take notice that you refuse reading that commission by which you go about to take away my life. And Sir, you require me to hold up my hand at the bar. I have read those laws which are in English, and cannot find the meaning of it, only that it is of a large extent. As for those which are in French or Latin, I can neither read nor understand, but conclude the holding up my hand to be a very ticklish point, and that I may throw away my life if I hold up my hand before I know what it means. I desire, therefore, a clear explanation of the signification of it, and then I will give you an answer.
Mr. Broughton—Hold up your hand, John Lilburn, and hearken to your charge. "Thou standest indicted," &c. [as follows in the second day's proceedings] Art thou guilty or not guilty?
