But that you may see I have a quiet conscience, I again and again offered to choose two of the House of Commons, and let my adversaries choose two more, and refer the difference to them; but instead of that, I had my pockets and chamber searched, to find accusations against me; they took my estate of almost 3000l. from me, without any legal process; but I will not name by whose power it was done, at this time especially, because I will avoid provocations as much as I can; but the man is notoriously known who said I was a traitor, and he would secure it from me; and yet for all this, a legal allowance to keep me alive was denied me; for I had never a penny, but was absolutely refused that right which the king always allowed to members committed, who afforded four or five pounds a-week for each of them, notwithstanding they had great estates; and Colonel Long confessed he spent the king 1500l. for his part, in provisions. Then many of my old acquaintance have been set to reproach me, and endeavour to take away my life, who have confessed they were instigated by parliament men so to do. I appeal to your consciences, and to all the good people present, if this burthen be not too insupportable to a poor man, that is but dust and ashes.
And therefore, though I ought to be tried in Surry, where the pretended crime was committed, as I am brought before you by a piece of parchment, that neither I nor the lieutenant of the Tower could read,—not as an Englishman, who ought to see and read the authority; and truly, this piece of illegible parchment cannot satisfy my understanding of the legality of my convention. But as I was not able to dispute it, here I am.
And therefore, being brought in this extraordinary manner to this extraordinary place, I desire to hear your extraordinary commission read; for those who now exercise the supreme power at Westminster, have on the 9th of February and the 17th of March last, positively declared and called God to witness, that they will maintain the petition of right; and I would consider the consonancy of your commission to that, and other good old laws of England, and shall then return an answer like a rational and ingenuous man.
To this Mr. Prideaux, Attorney-General, answered,
That the prisoner could not complain the court wanted patience; the liberty of speech he desired, he had fully enjoyed, though it were not pertinent to the matter; that this was not a special commission of Oyer and Terminer, but general, according to the accustomed form, as had been used these five hundred years; that it had been openly read before Mr. Lilburne came, and he hoped my lord would declare it to be according to law, in the ordinary way; that Mr. Lilburne's presentment was found by the grand inquest, who were men of ability, and understood law as well as fact, and averred the commission was free from all exceptions; and that for his crimes being committed in Surry, he said Lilburne best knew what he had been guilty of there, but he was yet ignorant what he was here to be tried for, and desired he might put himself upon his trial.
Colonel Lilburne observed,
That Mr. Attorney, as member of the House, was one of the creators of these judges, and therefore not fit to prosecute him.
