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L. Coll. Lilb. Not in hugger-mugger, privately or whisperingly.
Judg Thorp. I tell you Sir, the Attourney Generall may talke with any in the Court by law, as he did with me.
L. Col. Lilb. I tell you Sir it is unjust, and not warrantable by Law, for him to talk with the Court, or any of the Judges thereof in my absence, or in hugger-mugger, or by private whisperings.
Lord Keble. No (Sir) it is no hugger-mugger for him to doe as he did: spare your words, and burst not out into passion, for thereby you will declare your selfe to be within the compasse of your Indictment without any further proof; looke to it, that you behave your selfe according to the bounds of reason and law, and heare me, for we must cause the Jurie to be returned.
L. Col. Lilb. Sir, under favour I crave but one word more, heare mee out; I know very well, and I read in your own law books such a prerogative, as that in cases of Treason no Counsell shall plead against the King, hath been sometime chal⟨le⟩nged to be the Kings Right by Law; but let me tell you, it was an usurpt prerogative of the late King, with all other arbitrary Prerogatives and unjust usurpations upon the peoples rights and freedoms, which has been pretended to be taken away with him: And Sir, can it be just to allow me Counsell to help me to plead for my estate, the lesser, and to deny me the help of Counsell to enable me to plead for my life, the greater. Nay, Sir can it be just in you Judges, to take up 7 years time in ending some suits of law for a little Money or Land, and deny me a few dayes ⟨t⟩o consider what to plead for my life? Sir, all these pretences of yours, were but all the prerogatives of the Kings will, to destroy the poore ignorant and harmlesse people by, which undoubtedly died with him, or else only the name or title is gone with him, but not the power or hurtfull tyrannie or prerogative in the least. Therefore, seeing all such pretended and hurtfull prerogatives are pretended to be taken away with the King, by those that took away his life, I earnestly desire I may be assigned Counsell to consult with, knowing now especially no pretence why I should be denied that benefit and priviledge of the law, of just and equitable law of England, h⟨a⟩ving put my selfe upon a Triall according to the priviledges thereof: And it was declared to me at Oxford, upon the Triall of my life there, after I was taken prisoner, fighti⟨n⟩g against the King and his partie, even almost to handi gripes, and to the sword point and to the butt end of our Musquets, being in person one of that little number that for many hours together at Brainford fought with the Kings whole Armie, whers in the manner, without any Articles or composition I was taken a prisoner, and immed⟨i⟩a⟨t⟩ly thereupon arraigned at Oxford, wherenot-
