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98 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.

John Tooke, John Skinner, Thomas Lewis, John Hawkins and John Merriman sworn.

Tooke deposed, that about seven weeks before, Thomas Lewis,