Page:Celebrated Trials - Volume 2.djvu/124

102 Clerk. "See also the second edition of my book of the eighth of June, 1649, intitled 'The Legal Fundamental, &c.'"

Mr. Attorney General. Read the 24th page of the "Salva," in his own written hand.

Clerk. "See also the edition, &c. the same as before."

Mr. Attorney General. Read where it is marked.

Clerk. "I have published my plea against the present power, in my second edition, et supra."

Mr. Attorney General. My Lords, he here, in several places, owns the book, viz. "The Legal," &c. to be his; I shall now proceed to shew his words in these books, to make good the charge against him, and begin with the act itself, which makes the fact treason.

Clerk. "Die Lunæ, 14th of May, 1649"

Lieutenant-Colonel Lilburne. Hold, Sir, first prove that it is an act of parliament.

Mr. Attorney General. My Lords, when an act is published, the court is bound to take notice of it; but we will prove it.

Lieutenant-Colonel Lilburne. Mr. Prideaux, there may be counterfeit statutes as well as money, therefore prove it.

Nutleigh desposeddeposed [sic] that it was a true copy, which he had examined with the record at Westminster.

Lieutenant-Colonel Lilburne. Is he able to depose that it is a true law in all parts of it; and that it has been proclaimed in every hundred and market-town, according to the old law not yet repealed?

Lord Keble.—Read, clerk.

Clerk reads.—The act the 14th of May, 1649, declaring, that whereas the parliament had abolished kingly government, and resolved that the people should be governed by their own representatives, it was enacted that whoever should maliciously publish by writing, &c. that the said government is tyrannical, usurped or unlawful, and not the supreme authority; or shall plot or endeavour to stir up or raise force against the present government, for subversion thereof, or against the keepers of the liberties of England, or the council of state, or either of them, shall be deemed guilty of high treason: And that whoever, not being an officer or soldier, should endeavour to stir up any mutiny in the army, or withdraw the soldiers, &c. from their obedience, or should invite or aid foreigners to invade England or Ireland, or adhere to them, or counterfeit the great seal, shall be likewise deemed guilty of high treason, and forfeit, &c. provided the offender be prosecuted within a year after the offence committed.

Lieutenant-Colonel Lilburne.—The act which I have, does not agree with that which was read, which I design to make use of by and bye.

Clerk reads.—The people now see their slavery and absolute bondage is like to increase, under the present tyrannical, arbitrary, new erected, robbing government.

Mr. Attorney-General.—See the title page of the last book.

Clerk reads.—Before a legal magistracy, when there shall be one, which now there is not.

Mr. Attorney-General.—See folio the first.

Clerk reads.—The present junto are no parliament, according to