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unrighteous thing in my apprehension that ever I heard of, or see in all my life. O Lord! was there ever such a pack of unjust and unrighteous Judges in the world? Sir, in plain English let me tell you, if I had thought you would have bound me up to a single plea, and not have given me in my plea the just latitude of law, equity & reason, but hold mee thus close to your single formalities contrary to your promises, I would rather have dyed in this very Court before I would have pleaded one word unto you, for now you goe about by my owne ignorance and folly to make my selfe guilty of taking away my own life; and therefore, unless you will permit mee Counsell, upon this lock, I am resolv’d to dye.
Lo. Keble. This is not the rationall way you said you would goe in.
L. Col Lilb. Sir, my life is before you, you may murther me, and take away my blood if you please.
Lo. Keble. I will not be out-voiced by you, our lives and our soules are upon it, therefore you shall have equity and Justice, yea, such as you desire your selfe; but you are now going to flie into extravagancies & heats, wch will manifest the rancour of the distemper’dnesse and invenom’dnesse of spirit which is within you: And besides, if we should enter into it, we might agravate your crimes by your own words at the Bar. Take heed of it, that you give not advantage against your selfe to your own ruine.
L. Col. Lilb. Sir, I am in no heats, I am but with earnestness pleading for my life, when you deny me all the just means of my preservation, which is my right and due by your own law.
Judg Thorp. Mr. Lilburn, I desire to correct a mistake of yours in the law: You were pleased to condemn it as unjust; for the Atturney Generals speaking with me, when your Indictment was a reading, you are to know, he is the prosecutor for the State here against you, and he must confer with us upon severall occasions, and we with him, and this is law.
L. Col. Lilb. Not upon the Bench (Sir) by your favour, unlesse it be openly, audibly, and avowedly, and not in any clandestine and whispering way: And by your favour, for all you are a Judge, this is law, or else Sir Edward Cooke in his[1] 3d. part Inst. Cap. high Treason or petty treason, hath published falshoods, and the Parliament have licenced them; for their stamp in a speciall manner, is to that booke.
Judg Thorp. Sir Edw. Cook is law, or any other prosecutor may sp⟨e⟩ak with us in open Court, to inform us about the businesse before us in open Court.
- ↑ Whose words there fol, 29. 30. are so plain & expresse to prove what Mr. Lilb. said to be good law, as nothing in the world can be plainer, see also to the same purpose in the 2d part Inst. fol. 49. 03. 104.
