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granted unto me by Mr. Miles Corbet, and in the rest of that Committee, (when I was brought before them in the like case that now I am brought before you:) which priviledge I know to be my right by the Law of England, I shall, as it becomes an understanding Englishman, (who in his actions hates deeds of darknesse, holes or corners) goe on to a triall. But if I be denied this undoubted priviledge, I shall rather die here than proceed any further. And therefore foreseeing this before hand, and being willing to provide against all jealousies of my escape, the feare of which I supposed might be objected against me as a ground to deny me this my legal right; and therefore before hand I have given my engagement to the Lieutenant of the Tower, that I will be a faithfull and true prisoner to him.
And I hope the Gentlemen hath so much experience of my faithfulness to my word, that he doth not in the least question or scruple it; I am sure he hath often so declared to me that he doth not.
Nay, I have not onely ingaged to be a true prisoner in the Tower to him, but I have also solemnly ingaged to him, that I will come civilly and peaceably with him; and that I will go civilly and peaceably back with him again. And that if any tumult or up-roare shall arise in the croud, of which I lose him, and he me; or in case I should be any wayes by force & power rescued from him, I have also faithfully ingaged to him, that I will come again to him (by the assistance of God) as soon as ever I can get away from that force or rescue. And all this I intreated him to acquaint you with, that all jealousies and disputes might be avoided.
Iudge Keble. Mr. Lilburn, look behind you and see whether the Dore stands open or no.
L. Col. Lilb. Well then, Sir, I am satisfied as to that. But then in the next place, I have read the Petition of Right, I have read Magna Charta, and abundance of Lawes made in confirmation of it; and I have also read the Act that abolisheth the Star-chamber, which was made in the year 1641. which last recited Act expressly confirmes those sttatutes that were made in Edward the thirds time, which declares all Acts, Laws and Statutes that were made against Magna Charta, to be null and void in Law, and holden for error.
In the reading of which Lawes I doe not find a speciall Commission of Oyer and Terminer, to be Legall and warrantable. I beseech you Sir doe not mistake me; for I put a vast difference betwixt an ordinary and common Commission of Oyer and Terminer, for holding ordinary and common Assises and Sessions, and betwixt an extraordinary and special commission of Oyer and Terminer to try an individuall person or persons,for
