stood five hours wasting his spirits already; and now to stand to answer a five hours' charge, was a burden too heavy for a horse; and he hoped they did not design to hang him because he was tired, and had not strength left to pronounce his defence.
Lord Keble.—The books are but three, which can be no great charge to your memory, neither do we expect the jury should remember the particulars; what you have to do is to acquit yourself first of publishing and owning these books, and then of the matter contained in them; and until this is cleared, we cannot allow you any council.
Lilburne still insisted, that to have council allowed him was his right by law, and no greater privilege than was given Major Rolfe, &c. and said, if he had council, he questioned not (by that means) clearly to acquit himself of the treason alleged against him.
Lord Keble.—Mr. Lilburne, you have often urged this, and have been as often answered; and I shall add, you have in this court so many grave judges, as never man in your condition had.
Lieutenant-Colonel Lilburne,—I am neither daunted at the number of my judges, their glittering robes, the majesty of their presence, or their austere deportment towards me.
Lord Keble.—You are tried thus publicly that all persons may observe the fair play allowed you, and unless you take the matter alleged as proof, you must make your defence to clear the fact, before you shall or can be assigned council.
Lieutenant-Colonel Lilburne.—I hope (as the length of my trial has exhausted my strength) you will not put me to a present answer; I desire a week's time; or (if not so) till to-morrow morning only.
Lord Keble.—No, you must do it presently.
Lieutenant-Colonel Lilburne. Then permit me to recollect myself, and peruse my notes in a private room for an hour, and to refresh my spirits. [Which being refused he added with a mighty voice. Well, if you are resolved to have my blood, right or wrong, I appeal to the Lord God Omnipotent, and a mighty judge between you and me, to require and requit that blood on you and your posterity to the third and fourth generation; [presently after which a scaffold fell, but he continued perusing his papers.] If you will not allow me liberty to withdraw, and ease nature, I desire I may do it in the court.
Then a pot was fetched him, and he had some little time given him to look over his papers in court.
Lord Keble.—Take away his chair; tne court cannot wait his motions; speak what you have to say.
Lieutenant-Colonel Lilburne.—I desire to be satisfied whether (a by law allowed) after I have pleaded to matter of fact, you will permit me to speak in my behalf to the jury, on whose integrity my life depends; and who are judges of the law as well as fact, and you only pronouncers of their will.
Lord Keble.—My Lord Coke says the juries are judges of fact, but it is the court's opinion they are not judges of law.
law,ieutenant Colonel Lilburne.—You, who call yourselves judges of L are only Norman Intruders, cyphers to pronounce their sentence who are judges of law as well as fact.
Judge Jermin.—Was ever such damnable, blasphemous heresy, to call the judges cyphers, the judges have ever been judges of law,
