for High Treason.
97
[Here Mr. Sprat, or Colonel Robert Lilburne, whispered him to challenge one of the jury, and the judge excepted against it.]
Lieutenant-Colonel Lilburne.—Sir, any by-stander may help the prisoner by the law of England.
Lord Keble.—It cannot be granted.
[After the prisoner had challenged two or three, the jury were sworn and charged with the prisoner.]
Mr. Broughton.—John Lilburne hold up thy hand.
Lieutenant-Colonel Lilburne.—As I did yesterday. I am John Lilburne, freeman, &c.
Lord Keble—Read the indictment.
The indictment set forth—
That the said John Lilburne, late of London, gent. as a false traitor, not having the fear of God before his eyes, &c. intending to disturb the government then happily established, without King or House of Lords, in the way of a commonwealth and free state; and intending to disgrace the commons of England, the supreme authority of the nation, and to bring them into hatred and contempt with the good people of England, did on the first day of October, 1649, in the parish of Mary the Arches, in the ward of Cheap, London, maliciously, advisedly, and traitorously, by writing, and printing and publishing a certain traitorous book, intitled a Salva Libertate; and by another traitorous book, intitled An Impeachment of High Treason against Oliver Cromwell and his Son-in-law, Henry Ireton, Esqs. late Members of the late forcibly dissolved House of Commons, presented to public View, by Lieutenant-Colonel John Lilburne, close Prisoner in the Tower of London, for his real true and zealous Affections to the Liberties of this Nation. And a third book, intitled A Hue and Cry after Sir Arthur Haslerig. And by another traitorous book, intitled An Outcry of the young Men and Apprentices of London, or an Inquisition after the lost Fundamental Laws and Liberties of England, directed by way of Letter to the Soldiers in the Army; especially to all those that signed the Solemn Engagement at Newmarket Heath, the 5th 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 true hearted Englishmen, traitorously defeated at Burford the 15th of May, 1649. And also by another traitorous book, intitled The Legal Fundamental Liberties of the People of England, revived, asserted and vindicated: Did declare and publish that the government aforesaid was tyrannical, usurped and unlawful; and that the commons assembled in Parliament were not the supreme authority of this nation. [Here the words laid to be treasonable in the said libels are recited, but such of them as were insisted on at the trial, appearing hereafter in the evidence, it is not necessary to insert them here.] And the indictment further charges, that the said John Lilburne (not being an officer, soldier, or member of the army) did also, at the time and place aforesaid, traitorously endeavour to incite a mutiny and rebellion in the army
F
