had recanted his errors, and was become a good acquiescing creature, or he had not been there that day; and demanded, if, notwithstanding that boasted faithfulness, the army had not twice rebelled against their creators, their lords and masters?
Still Mr. Attorney went on, shewing what great things the army had done, who, notwithstanding, he said could not escape Mr. Lilburne's vile tongue and pen, any more than the parliament and magistracy: and therefore he told the jury, as they wished for the honour of them all, and if they had any remembrance of the great and wonderful things that renowned army had done; and with what confidence and despite to all law and authority Lilburne had published these books, he hoped they would take care he should smart for it; and concluded, that the court were judges of the law, as the jury was of fact; and prayed God to direct all their judgments.
Then Lord Keble directed the jury, and told them that the two statutes of Edward VI. which required two witnesses, was repealed by that of Queen Mary, which enacted, that the common law should be the rule in all trials of treason: and that by the common law one witness, with concurring circumstances, was sufficient: he told them, that this was the greatest treason that ever was attempted by one man; that it struck at no less than the subversion of the commonwealth and state, and to have laid them all in blood: that he did not observe that any fact the prisoner was charged with stood upon a single testimony, but was supported by many aggravating circumstances; and left it to their consciences if he was not guilty of the most transcendent treason that ever was hatched in England.
The jury desired, that they might have a quart of sack amongst them to refresh them before they went out; but judge Jermin answered, that in civil cases indeed he had known the jury permitted to drink before they went out, but never in capital cases; but said the court would permit them to have a light with them, if they pleased.
Lilburne moved, that another indifferent person might be joined with the officer who was to keep the jury; for he apprehended the officer to be his enemy; which the court granted, and another was sworn.
