George Henry Borrow

“ Lieutenant-Colonel Lilburne.—I know not what benefit I may lose, according to rules of law, and humbly desire a copy of the indictment, and reasonable time to consult with counsel, if it be but eight or nine days.
Lord Keble.—You are a better judge of the truth than another. If you say Not Guilty, when you have answered, you shall have liberty to make your defence. ”

“ Lieutenaut-Colonel Lilburne.—I think any legal precedents ought to be imitated; and besides, I think it unjust to be tried by judges, who have been beating their brains above six months with my adversaries, who (being parliament men) are their creators; and if I had thought you would have tied me up contrary to your promise, I would have died in this very court before I would have pleaded a word to you; so murder me; take my blood if you please.
Lord Keble.—You were advised to forbear reproaches, and act rationally, not break into extravagancies, and bitterness of spirit. ”

“ 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 ”

“ Our commission is founded on the statute of Westminster, 2, which was obtained by the Baron's wars, and purchased by the sword for the liberties and privileges of the subject. You are to answer the charge of opposing the supreme authority now settled in the House of Commons, not newly erected, but revived; for it was so in the Saxons' and Romans' time. Our commission is general; but the grand inquest have found no traitor but Mr. John Lilburne; and the treasons are so dangerous that they call for justice against you ”

“ Attorney-General.—What is consonant to the laws of England neither is, nor will be denied, Mr. Lilburne; but what he now desires, viz. Council, a copy of the indictment, and longer time, is what no one that understands the law ever asked; and if granted to him, ought not to be denied to any man for felony or treason, so there would be no end of criminal trials ”

“ 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 ”

“ Lieutenant Colonel Lilburne objected, that according to the third part of Coke's Institutes, a man ought to be tried in the county where the treason is committed; that his pretended crimes were laid in three different counties, and that there was but one witness to most of the particular treasons; and therefore he conceived it just, and thought it reasonable they should perform their promise and assign him council. That this and greater privileges were granted to Major Rolfe and Duke Hamilton. ”

“ Lieutenant-Colonel Lilburne.—You might have seen the substance many months ago, and most of the judges in England have had meetings with Mr. Solicitor at Serjeant's-Inn about it.
Judge Jermin.—It was requisite (from the importance of the offence) such meetings should be, that it might be grounded as the law directs.
Lieutenant-Colonel Lilburne.—If you are resolved to destroy me by the same prerogative Nebuchadnezzar did Daniel, I am as willing to die as he was to be thrown into the lion's den; it is in vain to make more words. ”

“ Then many of my old acquaintance have been set to reproach me, and endeavour to take away my life, who have confessed they were instigated by parliament men so to do. I appeal to your consciences, and to all the good people present, if this burthen be not too insupportable to a poor man, that is but dust and ashes. ”

“ Attorney General.—Read page 3, of his "Outcry," directed to the soldiers of the General's regiment.
Here he tells the soldiers, That they assist rather than endeavour to suppress the destroyers of the liberties of the people; that if any one complains, his house is immediately beset with armed janizaries, to take away the people's courage, and prevent the maintaining their freedoms.
Mr. Attorney General.—My Lords, the last clause of the act is, that if any person, not being an officer, &c. shall endeavour to stir up mutinies in the army, &c. it is high treason ”

“ As for those which are in French or Latin, I can neither read nor understand, but conclude the holding up my hand to be a very ticklish point, and that I may throw away my life if I hold up my hand before I know what it means. ”

“ I believe likewise that part of the Tower where the Lieutenant says I gave him those papers, is not within the liberties of the city; then why should I be tried by a London jury? not that I have any objection against the gentlemen of the jury; but if the fact be committed in Middlesex, the trial ought to be by a jury of the same county.
Thomas Daffern deposes, that he went with me to Winchester House in Southwark, where I delivered him a book to carry to Colonel Ayres; he doth not say the book is mine, or of my writing ”

“ Lord Keble.—You have spent time to no purpose; I thought you had known law better.
Lieutenant-Colonel Lilburne.—I shall now, Sir, proceed to matter of fact, and desire the jury will take notice, that by the statutes of 1st Edward VI. c. 12. and 5th and 6th of Edward VI. c. 11. no man shall be condemned of treason, but by the clear proof of two legal witnesses; and in Coke, 3d Instit. c. High Treason, fol. 12. it is said it must be by the direct and sufficient proof of two witnesses, and not on surmises, or conjectural inferences ”

“ And that the soldiers, especially those who signed The Solemn Engagement, should chuse two out of each troop and company to correspond and consult with the said young men's friends, for establishing the liberties and freedom of the people."
Mr. Attorney-General.—Read pages 9 and 57.
The substance is, "That they, the young men and apprentices of London, &c. are fully resolved to instigate their fellow-apprentices of the out-parishes to chuse agents likewise, and desire by letter each county in England to do the same ”

“ III. which erected these extraordinary commissions of Oyer and Terminer was repealed, as being against the subject's indubitable right declared in magna charta, viz.: that no Englishman should be subjected to any other trial but at the ordinary assizes, sessions or goal-deliveries.
He added, that this was the opinion of the House of Commons (when they were in their purity, and acted in defence of the liberties of the subject) as appeared by the arguments of Mr. Hyde, published in a book, called Speeches and Passages of Parliament, from p. ”

“ Mr. Attorney-General.—Now read in The Salva Libertate, at the mark.
Clerk reads.—That a paper warrant, from any pretended power now visible, was not valid, because Fairfax had broke the magistracy, and set up pretended magistrates, and amongst them the Attorney-General, in opposition to whom I will spend my blood, &c. ”