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did maliciously, advisedly and trayterously publish, and deliver the poysonous booke called An Impeachment, and in particular directed by the Title of the booke, to all the people of England, being for that end published by him to publick view; in which Book are contained, most false and scandalous, malicious, mutinous and traiterous expressions as in the Indictment are set forth; And further that in the said book which he called An Impeachment, that the present Government is tirannical and usurped, and that the Commons of England in Parliament assembled, are not the Supream Authority, And he further stands indicted, and the Jury further finds, and presents, that all these and other expressions written by him, and published by him in written Papers and printed books, he hath falsly, maliciously and trayterously stirred up strife on purpose, and to the intent, to stir up and raise force against the present Government, setled in the way of a Common-wealth and free State, without King and Lords, on purpose, it to subvert and destroy. And further, he hath also most trayterously endeavoured to withdraw the privat Souldiers from their obedience and subjection to their superiour Officers; and all this in manifest contempt of the Lawes of this Common-wealth, in that behalf made and provided, and to the hazzard of the overthrow, and utter subversion of the said Government.
To this Indictment the Gentleman hath pleaded not guilty, and hath put himself upon his Country, and if we can prove this against his Plea, it is at an issue.
L. Col. Lilb. I deny that Sir, I never pleaded any such single Plea as not Guilty, and you Gentlemen of the Jury, I beseech you take notice he extreamly wrongs me in saying so, for my Plea was a conditionall Plea, as a Plea at large.
Mr. Atturney. My Lord, and you Gentlemen of the Jury, You have heard the Indictment read unto you, and you have heard it opened unto you, and you have heard what Mr. Lilburne saies, that he did not plea not Guilty, and I hope he is ashamed of his Plea, now he heares the Indictment opened unto him. My Lord, in this Indictment there is contained these severall Grand Treasons.
The first is, that he hath advisedly, traiterously, and maliciously published, that the Government that is now established, by way of a free State or Common-wealth, without either King or house of Lords, is tirannicall, usurped and unlawfull; and further, that the present Parliament now assembled, arr not the Supreame authority of the Nation.
The second is this, that he hath plotted, contrived and endeavoured, to stirre up, and raise forces against the present Government, and for the subversion and alteration of the same.
The
