row morning, which is an extraordinary favour, and the doors are wide open that all the world may know it.
Lieutenant-Colonel Lilburne.—I thank you for the favours already received. [Then he was remanded to the Tower, and the court adjourned.]
October 26.—The court being set, and the prisoner brought to the bar. [Mr. Lilburne's brother being in the bar by him, was ordered out; and only one (Mr. Sprat) allowed to hold his books and papers.]
Lieutenant-Colonel Lilburne.—Besides, what I yesterday alledged for council, I shall mention an unquestionable precedent: when Major Rolfe was indicted for high treason, in conspiring to poison and pistol the late king, the Lord Chief Baron Wilde assigned Mr. Nichols, now a judge amongst you, and Mr. Maynard, as his council, before ever the grand jury received testimony to find the bill. Now, Sir, I am an Englishman, as well as Mr. Rolfe; have been an officer in the parliament army as well as he, and fought for them as heartily as ever he did for his life: I desire, therefore, as there are many errors in the indictment, I may be assigned council, according to this precedent of one of your own fellow judges, and my birth-right.
Lord Keble.—What was then done nothing concerns us; perhaps he confessed the indictment; if you will do so too; it alters the case.
Lieutenant-Colonel Lilburne.—No, Sir, he was saved by the skill and honesty of council Maynard, who (there being two facts, and but one witness to the proof of each) quashed the indictment, as contrary to the Statute of Edward VI.
Lord Keble.—If law arise that you perceive not, the court will help you as well as your council.
Lieut.-Colonel Lilburne.—Sweet, Sir, if you deny me (being upon my life) what the law allows, the Lord deliver me from wanting such counsellors.
Mr. Prideaux.—My Lord, I desire the court would proceed, as he has pleaded and confessed something.
Lieutenant-Colonel Lilburne.—Sir, you abuse me, I have done neither; my plea was conditional; and you have broke your promise; so my innocent blood be upon you.
The jury called.
Lieutenant-Colonel Lilburne.—Sir, some of the grand jury did not find me guilty of treason, and think themselves wronged in what was said yesterday by some of the judges. Pray let them speak.
Lord Keble.—Be silent and hear the court, you cannot be heard.
Lieutenant-Colonel Lilburne.—Then, Sir, before all this people, I make my protest against your unjust and bloody proceedings.
Lord Keble.—When your legal time comes, you may talk till midnight.
Lieutenant-Colonel Lilburne.—It will be too late then.
