THE TRIAL OF L. Col. john Lilburn AT The Session's House in the Old-Baily, on Friday, and Saturday, being the 19th and 20th of this instant AUGUST.  
WITH Lieutenant Colonel john lilburn's Speech to the Jury before they went together to agree upon their Verdict, and the Reply of the Counsel of the Commonwealth thereunto.  
TOGETHER, With the Verdict of NOT GVILTY brought in by the said Jury.  
LONDON: Printed for D. B. 1653.   

The last TRIAL OF Lieutenant Colonel john Lilburn. At the Session's House in the Old-Baily, on Friday and Saturday, being the 19 and 20 of this instant August.  
FRiday the 19 of August, Lievt. Col. john Lilburn appeared again at the Sessions in the Old-Bayly, where my Lord Mayor, Mr. Recorder, and the rest of the Bench being set, and Proclamation made, a Memher of the Court began to speak, saying.  
Mr. Lilburn, we are now met again about this business which hath been so long and tedious, and intending that this shall be the last day, desire to hear what you will say to the indictment, Guilty or not Guilty.  Lilburn. 
May it please your Lordship and this Honourable Bench I have advised with my Council, and have formerly brought in my Exceptions.  
1 Showing the unlawfulness of that Act of Parliament.  
2 That Mr. Primate named in the Act was the principal and yet was not prosecuted.  
3 That the Act runs Lievt. Col. john Lilburn, the indictment runs john Lilburn Gent.  
My Lord, I have ever been an honourer of the Law ever since I knew what Law was, and I have spent a great deal of pains and study in the Law to find out every tittle thereof, and I find the ancient Laws of this Land to be very just and merciful, and if I were sure to be tried by the equity and legality of the Law, I cared not whether I had an hour to live or not, and if I could have but one argument of Law for my life, I would willingly submit, but I cannot find one Line of Law concerning me in all this Act and Indictment.  Mr. Recorder. 
Mr. Lilburn here is no man desires to take away your Life without the just grounds of Law, etc. There hath been a great deal of time spent Mr. Lilburn in this business, and if we had not been tender of your life, we should not have spent so much time about it, therefore Mr. Lilburn this being the day that we have set apart for this business, we desire you to plead to the indictment, Guilty or not guilty.  Lilburn. 
Mr. Recorder, I was never convicted of any crime, and therefore I think by the Law I am not to answer to this indictment, I was never any Felon, or ever committed any felony, I have never rob any one, or ravished any woman, etc.  Mr. Recorder. 
That is not the thing you are tried for Mr. Lilburn, but you are to answer to the Act of Parliament.  Lilburn. 
May it please you my Lord, and this honourable Bench I have brought in my Exceptions concerning the Act, and pleaded them before you,  
The Court replied, These are the same you brought in before, you plead this only to delay time.  Lilburn. 
My Lord, I beseech you let them be perused and entered upon record, my Lord I have read over the copy of those pieces of paper which was produced against me, and these are the objections which I put in against them.  Mr. Recorder. 
Mr. Lilburn if you will not plead to the indictment we must proceed according to Law.  Lilburn. 
I beseech you my Lord let me hear the indictment read.  
Then the indictment was read.  Lilburn. 
My Lord this indictment hath not every particular of the Act, but some part is left out, etc. whereas that which is to try a man for his life ought to have every particular clause of the Act upon which the party is to be tried, if you proceed to matter of life.  Mr. Recorder. 
Mr. Lilburn will you be tried by a Jury or not, if not, we must proceed otherwise.  Lilburn. 
Mr. Recorder, I have not much more to say, for I have done what I can in defence of my life by Law, and I shall desire this honourable Bench to give me liberty till to morrow either in the forenoon or afternoon (which this honourable Bench pleaseth, that I may solace myself with my God and deliver up my spirit unto him and my life into the hands of the Jury, and they that shall take away my life without Law, my blood will be required at their hands.  
My Lord and this honourable Bench, I beseech you my Lord, if it may not be granted that I may have Oyer of the judgement, that I may have Oyer of the Act, my Lord and Gent. all you have lives and far greater estates than I have to lose, I pray God it may never be your own cases.  
Then Proclamation was made that the Jury should appear again to morrow about ten of the clock to go upon the trial of Mr. Lilburn, etc.  
Saturday about twelve of the clock the Court far again, and when Mr. Lilburn first came to the B●r, be briefly insisted upon divers things which he had in part urged the day before, showing that there was no reason rendered in the Act why Lievt. Col. John Lilburn should be hanged, saying that the Law was grounded upon reason, and where there was no reason there was no Law, etc.  
After this a Jury was impanelled to pass upon him, he excepting not against above one or two of all that were called.  
Then Mr. Lilburn began and made a Speech and Oration for several hours, and therefore you must not expect to have every particular inserted within the narrow compass of one sheet, yet in regard the trial hath been so remarkable that every one thirsteth to know what was said, and what was afterwards the result of all; I shall in this place communicate unto you the sum of what Mr. Lilburn now said,  
The substance of Lievt. Col. John lilburn's Speech and Oration to the honourable Bench, and the jury, on Saturday the 20 of August, 1653.  
My Lord,  
THe Act is Lieut. Col. john Lilburn, and the indictment is john Lilburn Gent. and if that I that stand now at the Bar be the same person intended in the Act, then should the indictment agree with the very words of the Act, otherwise it is a good Exception in the eye of the Law, for if a man be indicted or sued by the title of a Knight only, and he is a Knight and Baronet, it hath been allowed for a good exception. Again my Lord by the Law, a man cannot be adjudged, etc. but he ought to be first summoned in and convicted of the crime, but I committed not any crime neither was summoned in or convented before the Parliament that made this Act against Lievt. Col. john Lilburn; and the very same day that this Act passed in the house, I was at Dover, and was never judicially served with the said act (as I ought to have been) neither in England, Holland, or Flanders; therefore I went not out of England because of the Act, but as a freeborn English man, that might lawfully travel to any place about his occasions. In the 19 chap. of Magna Charta ●t is said that no man shall be arrested, imprisoned, etc. but the call shall be showed, and 16 E. 3. sets the bounds of the Law, & whatsoever is otherwise ought not to be accounted law. My Lord Magna Charta hath been confirmed by all the Parliaments of England ever since, and when the breach of privilege was made upon the 5 Members, the Parliament declared it to be against Magna Charta, and the Petition of Right, and if it were but 6 of the clock in the morning, I could till 10 of the clock at night hold it forth by Law that the Act, the Indictment, and all against me is insufficient. That Statute of E. 3. saith, that the whole matter of crime ought to be inquired after, now where is my crime? what hath John Lilburn done that he should be hanged? therefore you Gent. of the Jury, take heed how you take away the life of John Lilburn because it was Resolved or Enacted so; you know that Herod Resolved that all the male children should be destroyed, but the good Midwives Resolved to preserve them, and God blessed the Midwives, I say God blessed the good Midwives for it; I hope you worthy Gent. will be as the good Midwives to me, & though it was Resolved that I should die, yet you will Resolve that I shall live, and God will prosper you therefore; you are the men which at this time have my life in your hands, if you say John Lilburn shall die, I must die, if you say John Lilburn shall live, I shall live, O take heed that you have not the blood of John Lilburn to answer for when you shall appear (and crave for mercy yourselves) before the great Tribunal, lest then it shall be said, you shown no mercy to John Lilburn, and what mercy do you now think to find for yourselves, etc. I pray God that his holy spirit may go along with you and guide you Amen, Amen.  
After this the Counsel for the Commonwealth spoke very full to show (as it had been proved) that the Act was formally engrossed in Parchment, and made by a lawful power.  
Then the Jury went together, and although it were very late, brought in their verdict upon the indictment, Not guilty of any Crime worthy of death.  
Mr. Lilburn then pleaded for his present enlargement, but in regard he was apprehended at first by warrant from above, he cannot be discharged but by the same authority.  
FINIS.