under General Fairfax; and particularly did endeavour to draw Thomas Lewis, John Skinner, and John Toppe, from their obedience to their superior officers; and did deliver unto the three aforesaid soldiers the said book, intitled An Outcry of the young Men and Apprentices of London [containing such and such treasonable expressions, which appear afterwards in the evidence] which said books did also contain divers other traitorous, malicious, and tumultuous expressions (not mentioned in the indictment) and were written and published to the intent to stir up and raise forces against the government aforesaid, in the way of a commonwealth and free estate established, and for the suppression and alteration of the said government, and to stir up mutiny in the army aforesaid, &c. in manifest contempt of the laws of the said commonwealth, and against the form of the statutes, &c.
The jury being charged with the prisoner, he alleged that he pleaded Not Guilty, upon condition he might have as much privilege as Duke Hamilton and others had; and said the indictment appeared defective, both as to matter and form; and therefore he again insisted on having time and council to speak to the errors in the indictment; but the court rejected his demands.
Then Mr. , of council for the commonwealth, opened the indictment; and Mr. Prideaux, Attorney-General for the commonwealth, having further enlarged upon and aggravated the charge, proceeded to call his witnesses; and first, to prove the book, intitled the "Outcry," to be the prisoner's.
Mr. Thomas Newcomb the printer was called, and the book being shewn him, he deposed, that about seven or eight weeks since, Lieutenant-Colonel Lilburne and Captain Jones brought that book to him, and Captain Jones agreed with deponent for the printing of it, and he received the copy from Captain Jones, and that afterwards Mr. Lilburne examined and looked over one proof-sheet, and the deponent's corrector another, and Captain Jones read the manuscript to the corrector; that the deponent printed only some few impressions of the last sheet of the book; which, with the forms, were taken before he had perfected the sheet; and that he knew not where the former part of the book was done.
Mr. Attorney General.—Mr. Jones read the original, and Mr. Lilburne corrected the copy?
Lieutenant-Colonel Lilburne.—Sir, you abuse me, by endeavouring to make him say more than his conscience dictates; he says I cast my eye upon the copy; I desire to know if I was at his house to give any directions after the copy was taken.
Mr. Attorney General.—That is no thanks to either of you.
John Tooke, John Skinner, Thomas Lewis, John Hawkins and John Merriman sworn.
