Except. 1.

The said Indictment is grounded only upon an Act, in­eituled, An Act for the execution of a judgement given in Parliament against Lieutenant Collonel John Lilburn; And it doth not appear, either by the Title of the said Act re­cited in the Indictment, or by any thing contained in the said Act, that either the said Act it self, is an Act of the Parliament of the Commonwealth of England, or of the Parliament sitting at Westminster; or that the said sup­posed Judgement, for the execution whereof, the said Act is supposed to provide, was given in the Parliament of the Commonwealth of England or in the Parliament sitting at Westminster. Nor yet when the said Parliament did commence or end; or whether the same was held by proro­gation or otherwise. And it is evident in Law, that no Law could at that time be made, but by the Parliament of the Commonwealth of England; for by the Law then in be­ing, the power of making Laws was only in those persons which were known and distinguished by that Title of The [Page 4] Parliament of the Commonwealth of England; and in that name only Addresses were made to them, both by the Peo­ple of England, and by all Forreign States and Princes, and all Addresses refused that wanted that Title. Now for ought that appears in the said Act, whereupon the said In­dictment is grounded, it may be as well an Act of a Parlia­ment in France, or Scotland, or Naples, as an Act of the Parliament of the Commonwealth of England; so that it doth not appear, that the said Indictment is grounded up­on any Law of England; or that John Lilburne Prisoner at the Bar, is Indicted for any fact that is a Crime by any Law of England, and then the same is void in Law.

Except. 2.

The said Indictment is grounded upon a pretended Act, intituled, An Act for the Execution of a Judgement given in Parliament against Lieutenant Colonel John Lilburne; and so relates only to some Judgement supposed to be given in Parliament against the said Lieutenant Collonel John Lilburn; and if no such Judgement were given, the Act were void, and the Judgement also. Now it doth not appear, that any Judgement for any Crime whatsoever, was given in Parliament against the said Lieut. Col. John Lilburn. 1. Before any Judgement can be given in Law against any English man for any Crime, there must be ei­ther an Indictment, Presentment, or some Information or Accusation against him; to that Court that judgeth him, for some crime supposed to be committed by him. 2. The party accused must either apear before that Court or be outlawed for not appearing. 3. If the party apears he must either con­fess the crimes or misdemeanors, wherof he is accused or els plead to the Indictment, presentment or information, or accusation against him, and come to tryal therupon. And as some of these ought in Law to precede a judgment against any English man, so also some of these afore-mentioned proceedings in order to a lawful jugment ought to be en­tred upon such Record, wherein any such judgment is en­tred, & unless it doth appear upon the Record wherein any [Page 5] judgment is entred against any Englishman for any crime, that som such proceedings as abovesaid have been made be fore the judgment passed against him, the judgment is to be­holden for erroneous and void, and ought so to be reputed: now it doth not appear either by the said pretended Act as it is recited in the Indictment, nor by any Record of the supposed judgment produced, nor any otherwise: that there was any Indictment, presentment, or information to the Parliament of the Commonwealth of England against the said Lieut. Col. John Lilborn, or if there were it doth not appear that he ever appeared to the same, nor that he was ever out-lawed for not appearing, neither doth any plea­ding by the said Lieut. Col. John Lilburn to any such In­dictment or information appear, not any tryal of him for the same; and therefore if any such pretended judgment be entred, as the said supposed Act, and the Indictment of John Lilburn prisoner at the Bar thereupon doth relate un­to, the same is erroneous and void in Law; and by conse­quence the said Indictment is void.

Except. 3.

The said Indictment is erroneous and insufficient in Law for that it is onely grounded upon, and recites an Act, which Act is declared to be made for the execution of a judgment, passed in Parliament against Lieutenant Co­lonel John Lilburne the Fifteenth day of Ianuary 1651. when in truth there was no such judgment either in matter or form passed in Parliament on the said 15th day of Ianuary 1651, as is enacted by the said supposed Act to be executed against the said Lieutenant Colonel John Lilburn, and as is also recited in the said Indictment to be enacted by the said act, to be put in execution against him. First, there was no judgment, passed in Parliament upon the said Fifteenth day of January 1651. That the said Lieut. Col. John Liburn should depart out of England within 20 dayes, after the said 15th day of January 1651. as is mentioned in the said Indictment. Se­condly there was no judgment passed in Parlia­ment the said Fifteenth day of January 1651. that the said [Page 6] Lieut. Col. John Lilburn should depart out of England, Scot­land and Ireland or the Islands, Territories, or Dominions thereof, within any limited time whatsoever, or under any penalty whatsoever, as is mentioned in the said Indictment. 3: There never was any Judgment, passed in Parliament the said 15 day of Jan. 1651. That the said L. C. John Lilburne should be executed as a Felon without benefit of Clergy, in case the said Lieutenant Colonell John Lilburne should be found, or be remaining in Eng­land, Scotland, or Ireland, after the Expiration of Twenty dayes, or any other time whatsoever to be accompted from the said Fifteenth day of January, 1651. and if no such Judgment doth appear to have been passed against the said Lieutenant Colonell John Lilburne as is aforesaid, and as is recited by the said Indictment to be Enacted to be put in Exe­cution against him, then the originall ground of the said Indictment is nul and void: Which is a Judge­ment supposed to be passed in Parliament against the said Lieutenant Colonel John Lilburn in matter and form as aforesaid, upon the 15 day of January 1651. which is enacted by the said Act recited in the said Indictment to be put in execution; whereas no such Judgement ever passed; and therefore cannot be supposed or admitted by the Law to be enacted to be put in execution. And upon this ground the Prisoner at the Bar conceives the said Judgement to be insufficient in the Law.

Except. 4.

The said John Lilburn further excepts against the said Indictment as insufficient in the Law, in regard of the uncertainty of the same; the Law requiring all allegations against any man to be certain; for that [Page 7] the said Indictment doth recite and ground it self upon an Act made for the execution of a Iudgement passed in Parliament against Lieutenant Colonel John Lilburn. And then chargeth John Lilburn late of London Gentleman, to have been found in England; that is to say in London, contrary to the said Act; but averreth not that the said John Lil­burn now prisoner at the bar, Indicted by the name of John Lilburn late of London Gentleman is one and the same person with the said Lieutenant Colo­nel John Lilburn meant and intended by the said Act, by reason whereof, and for that there are se­veral persons known and distinguished by the name of Iohn Lilburn of London Gentleman; and for that the said Iohn Lilburn Prisoner at the Bar doth not acknowledge that he now is, or at the making of the said Act, or passing the said supposed Iudge­ment, was a Lieutenant Colonel, or that he could be notified and distinguished by that Title. He the said Iohn Lilburn Prisoner at the Bar cannot joyn a­ny certain issue with the Keepers of the Liberties of England upon the said Indictment: for the said Indictment not averring the said Iohn Lilburn now Prisoner at the Bar to be the same person, and not other or divers from that Iohn Lilburn intended and meant in the said Act, and distinguished from all o­thers of the same name, by the Title of a Lieutenant Colonel, if the Prisoner at the Bar should plead the generall issue of not guilty, he should confesse himself to be the same Iohn Lilburn intended by the said Act; else he is not concerned to plead to the said Indictment; and by consequence, if the Pri­soner at the Bar should plead not guilty to the said [Page 8] Indictment, the only issue to be tryed in point of Fact between the Keepers of the Liberties of Eng­land and the Prisoner, would be whether Iohn Lil­burn prisoner at the bar was found in England upon the 15 day of Iune 1653. and by consequence the Pri­soner at the Bar, though he be not the person intended by the said Act, might be ensnared and condemn'd as a Felon, only because his name is Iohn Lirburn; and if any other Iohn Lilburn should in like manner plead to the said Indictment, he should suffer because he is called Iohn Lilburn.

For all which errors and insufficiencies in the Law in the said Indictment, Act, and supposed judg­ment the said John Lilburn prisoner at the Bar, hum­bly prayeth, that the said Indictment may be qua­shed, and in case the honorable Court be not fully satisfied in the said errors and insufficiencies of the said Indictment: He prayeth that Councel learned in the Laws may be assigned him, and a competent time given for him to advise with them, and for them to prepare their arguments upon all the said matters of Law; and that the case being of very great difficulty, and much concernment to the liber­ty of all the people of England, and being a case with­out any president, and the shedding or sparing of innocent blood, depending upon a resolution thereof: He humbly prayeth, that the said difficult points of Law, arising upon the case may be argu­ed before the reverend Judges of the Law, as hath been accustomed in such cases that their opinions may be had thereupon.