What they would next fix on me is "The Legal Fundamental Liberties," &c. and there is no proof to that but from relations out of the other books, so I shall give no further answer to that.
Lastly, for the "Agreement of the People" it is dated May, 1649, licensed and printed before either of the acts on which I am indicted bear date; so I may say with St. Paul, "Where there is no law there is no transgression." I shall only add, there has been no proof that the books charged against me are truly dated; therefore, if the books were really proved mine, (which they are not) yet not being proved to bear date exactly with the original copies, they might be made before the acts commence; by which I have fully made appear to the jury, that there is not any proof to fix the least guilt upon me; and believing them to be men of unbiassed principles, I shall leave it to their judgments and consciences.
I beg leave likewise to acquaint the jury, that could I have had time allowed me to produce my witnesses, they would have testified several material things for my justification. And though I think I have sufficiently cleared myself from the facts charged upon me, by shewing there must be two express witnesses to each particular act of treason, as I have mentioned in Major Rolfe's case, of which Mr. Nichols, who sits as judge here, is sensible, yet I shall desire the gentlemen of the jury to consider the intention of the law, as laid down in Co. 3. Inst. fol. 6:—Et actus non facit reum, nisi mens sit rea,—"It is the intention, not the act, that shews the guilt." During the whole course of my life I have endeavoured the prosperity of the nation, never endeavoured the prejudice of any particular person, yet was proclaimed a traitor through all the chief towns in England, and imprisoned for crimes which have not since been laid to my charge; and now, (for complaining of my hard usage only) there have been acts made long since my confinement, in order to charge me with high treason, though I have often declared my willingness to determine all differences.
Here he made a narrative of his application to the parliament, the petitions of many thousands of his friends for his trial or releasement, his signal services in the parliament army, &c. as before recited, and concluded, he was made close prisoner in the heat of summer, without either wife or child being permitted to see or comfort him.
Lord Keble.—Mr. Lilburne, instead of making your defence, you tell a long story of your own life; and should we reply to each particular, it would take up much time, but do you no service; therefore leave your discourse, or answer to the proof of the fact.
Lieutenant-Colonel Lilburne.—Though I have told it you before the jury did not hear it: and as my life lies on it, it is material to my preservation.
Lord Keble.—It is nothing to the purpose, were it in order to your defence you should not be hindered.
Lieutenant-Colonel Lilburne.—Well, if you will not let me pro-
