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notwit⟨h⟩standing all this, it was declired to me by Judg Heath to be my right by the law of England to have Counsel assigned me to help me in point of law, & I had it granted: I confesse he is my best Authority that I have, and I am sure he was a Judg of the law, or else I had never pleaded to him, & he was upon his oath to doe justice and right, and he was an able and understanding Lawyer, and yet did allow me (an hostile enemie) counsell to help me as my right by law, before ever any proofe to matter of fact was produced, and I beg but the same legall priviledge from you, from whom I have more c⟨a⟩u⟨s⟩e to exp⟨e⟩ct it.
Lord Keble. Were you there indicted for Treason?
L. Col. Lilb. Yes, that I was, & for the highest of Treasons by the letter of the law, for actuall levying war against the King.
Judg Thorp. And y⟨e⟩t for all that you know it was no Treason & so did he too, for you know that you had committed no Treason at all in obeying the Parliaments command; for what you have done, was done by the Parliaments speciall authoritie and command, and you had your commission to justifie you in your hostile actions, and he knew it well enough your Act was no Treason, though he did offer you counsell, or else he durst not allow you counsell.
L. Col. Lilb. I had nothing to justifie me in that Act ⟨b⟩ut the equitable sense of the law, the letter of it being point blank against me, and on the Cavalliers side, by which if they had prevailed. they might have hang’d both you and me for levying War against the King, notwithstanding on Parliament Commissions: and this I know Sir, you know to be law in the letter or punctillioes of it.
Judg Thorp. It was no Treason in you, and he that assigned you counsell knew it was no Treason, and this arraignment of you was as illegall as his assigning you counsell.
L. Coll. Lilb. ⟨S⟩ir by your favour, he was a Judge of the law by legall Authori⟨t⟩y, being made by the King, in whom by law that power was invested, and he looked upon himself as a legall Judg, and so did I too, and as a legall Judg he arraigned me for doing that act, that by the expresse letter of the law was Treason, and as a legall and honest Judge according to his duty in law he allowed me Councell.
Judg J⟨e⟩rman. For that matter that you talke of, they knew it was no Treason, and therefore gave you more priviledges th⟨e⟩n was their right by law, very well knowing, that whatsoever was done to any of you that did fight for the laws, religion, and liberties of their Country, there might be the like done to others that were prisoners in the Parliaments power, and this was the truth of it, and you know it very well, and therefore it is nothing to us, nor in law his willingnesse.
L. Coll.
