[17]
lished- to the Court, before M. Lilburn came to the Court, and the Court is satisfied with it, that it is in the ordinary way, and I hope the judgement you will give, will declare it to be according to the Law, in the ordinary way: And as for the Commission it self in the form of it, it is not a tittle varied from the ordinary accustomed form. But my Lord, the Petition of Right, Magna Charta, the Statutes, and all Declarations that have been spoken of, they are all confirmed in this, and all do confirm it, for in that ordinary tract that hath been practised in this Nation for five hundred years is M. Lilburn now to be tryed, and that by the old good Lawes of England, M. Lilburns Birth-right and every mans else; he has his Triall, the beginning of which hath been M. Lilburns presentment, which is already found by the Grand inquest, who are men of Integrity, men of ability, men of knowledge. My Lord, he is now to come to his Tryal, not in an extraordinary way, but by a Jury of good and legal men of the Neighbour-hood, by men that do know my Lord, and understand and what is fact, what is Law[1], and to do Justice indifferently between both.
And my Lord, I do know, and publish to all that now hear me, that the Commission for Triall of M. Lilburn this day, for those differences that are between the State and M. Lilburn is free in law from all those exceptions that he is pleased to put upon it, and is unquestionably Legal, and used for these many hundred yeares together. And as for M. Lilburns declaring the fact for which he was Originally imprisoned, for to be committed in Surry, his own Conscience best knows what they are; but M. Lilburn at most can but yet guesse at what we intend to Try him herefor or lay unto his charge.
But my Lord, if M. Lilburn will please to put himself upon his Trial, according to Law, my Lord I hope the Court, and all that hears and sees their proceedings will receive full satisfaction in the legality and fairness of their proceedings against him, and himself the benefit of justice and Law.
Lieut: Col. Lilburn. Sir, by your favour, in two words, I shall not be tedious; I now perceive who is my accuser and prosecuter, the Gentleman that is a very inequal one, for he is one of the Creators (being a Member of the House) of you that sit here this day to be my Judges, and therefore an overawing and unfit accuser or prosecutor.
- ↑ Mark that well, for Judge Jermane called it a damnable Doctrine, when Mr. Lilburn declared, the Jury were Judges of Law as well as of fact.
