Page:Celebrated Trials - Volume 2.djvu/115

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for High Treason.
93

Lord Keble.—You have done like an Englishman; and I promise you a jury of good and lawful men.

Lieutenant-Colonel Lilburne.—But the indictment is so very long, that neither I, nor any man, can carry it in our heads; therefore, that I may make a defence like an Englishman, I desire a copy of the indictment, council to advise with, and subpœna's for my witnesses.

Lord Keble.—If matter of law does arise, upon proof of the fact, you shall have council assigned.

Lieutenant-Colonel Lilburne.—My Lord Strafford was thought a notorious traitor, and he had council assigned besides, Sir—my estate being gone, I cannot send after them, so desire I may have council and solicitors too.

Lord Keble.—You cannot be allowed council for fact in treason, but must plead it yourself.

Lieutenant-Colonel Lilburne.—If I proceed farther I know not what benefit I may lose, therefore if you will not assign me council to advise with before I am ensnared, order me to be knocked on the head without further trial.

Judge Jermin.—My Lord Strafford was tried by impeachment, and his attainder by act of parliament; but till matter of law does arise, the court is of council for you.

Lieutenant-Colonel Lilburne.—Sir, my life is at stake; and (as I told you) it was allowed me at Oxford, and their commission was (I am sure in law) as legal, and just as yours; and my Lord Chief Justice Heath as legal a judge as any of you.

Lord Keble.—Your life is, by law, as dear as ours, and our souls are at stake if we do you any wrong.

Lieutenant-Colonel Lilburne.—I wish you take notice of that: but I desire the same privilege from you (the nation's pretended friends) I had at Oxford from its declared pretended enemies; for I hope you that pretended to be preservators of our liberties will not be more unrighteous than the declared destroyers of them.

Judge Jermin.—We cannot grant council to plead to the matter of fact contained in your books.

Lieutenant-Colonel Lilburne.—My supposed books, Sir: pray do not screw me into hazards and snares.

Lord Keble.—If they are not proved to be yours, you are in no danger.

Lieutenant-Colonel Lilburne.—If you, for whom I fought, wont be as just as the cavaliers against whom I fought, I am resolved here to stand and die upon the true principles of an Englishman.

Judge Nichols.—You had better follow the proceedings of law; for know this is not Oxford.

Lieutenaut-Colonel Lilburne.—I think any legal precedents ought to be imitated; and besides, I think it unjust to be tried by judges, who have been beating their brains above six months with my adversaries, who (being parliament men) are their creators; and if I had thought you would have tied me up contrary to your promise, I would have died in this very court before I would have pleaded a word to you; so murder me; take my blood if you please.