Page:Celebrated Trials - Volume 2.djvu/133

Rh ceed, my blood be upon your heads: and I desire the jury will take notice of your unjust and cruel usage.

Lord Keble.—You shall not be refused any thing that is material.

Lieutenant-Colonel Lilburne here exclaimed against the barbarity and tyranny with which he had been oppressed, viz. that his estate was taken from him (which should have maintained him in the Tower) and the customary allowance refused him; that his solicitor was not permitted to speak for him, though the law allowed any by-stander to do it; that he was refused council, &c. though it was his right; and resigns himself to the care and consciences of his fellow-citizens, the honest jury, who (he again said) were judges of law as well as fact; whom he prayed God to direct to act according to justice.

The audience cried Amen, Amen, and gave a great hum, which made the judges apprehensive, and caused Major-General Skippon to send for three companies of soldiers more.

Then Mr. Attorney Prideaux summed up, and made his observations on the evidence for the commonwealth, and tells the jury that the statutes of Edward VI. which required two witnesses to every fact, were rendered of no force by a later statute, 1 and 2 Ph. and Mar. And observed, that though the book intitled "The Agreement of the People" was dated the first of May 1649, before the ordinances were made on which he was indicted; yet in his other books, which were published since, he quoted that book, and referred to it; and so had republished it since the ordinances were made. And he told the jury that the fame of that gallant army, and those officers who had been so faithful and true to their trust, and had so much advanced the peace and happiness of the nation, and whom God had blessed and owned in a miraculous manner, were to be put in the balance against Mr. Lilburne, and the services he pretended to have performed.

Here Lilburne interrupted Mr. Prideaux, and told him, notwithstanding his encomiums on the army, he [Prideaux] was once one of those who voted them traitors, and was set down by the commissioners of the army as a malignant: but he said, it seemed Mr. Prideaux