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Lord Keble. Spare your selfe, when your time comes you shall speak.
Mr. Sprat. He asked leave for me first: And Sir it is easie to prove the whole indictment to be matter of law.
Judg Jerman. What impudent fellow is that, that dare be so bold as to speak in the Court without being called. Mr. Lilburn, by your own words you say you were told at Oxford, that by law you were to have counsell: that is as true, that the Court is of counsel for the prisoner arraigned at the Bar, & so we ought, & shall permit you other counsell, if matter of law upon the proof of the fact do arise; but for any other counsell to be assigned you before that appear, is not by law warranted, we shal tread the rules of justice: and we shall doe wrong to the whole common-wealth, if we should allow you counsell before matter of law doth arise from the proof of the fact, and to allow counsel in any other case, the Court commits injustice.
Lord Keble. And this Mr. Lilburn I will promise you, that when there comes matter in law, let be a Lawyer or your selfe, he shall speake in your behalfe, but before he cannot.
L. C. Lil. Sir, the whole indictment under favour is matter of law, & the great question that will arise (admit the fact should be true, and admit it should be granted) is, whether the words be Tre⟨a⟩son in law, yea, or no, & also it is matter of law in the indictment, whether the matter in the indictment be rightly all⟨e⟩dged, as to matter, time and place. And it is matter of law in the indictment where there divers several pretended treasons committed in divers and severall Counties, put into one and the same indictment, be legall yes, or no.
Lord Keble. Vpon proof of the matter of fact, you shall hear & know whether matter of law will arise, and till the words be proved, wee cannot say whether that be the law that you suppose.
L. C. Lil. Truly Sir, you promised me a faire Tryall, & that you would not take advantages of my ignorance in the laws formalities; but the Lord deliver me, and all true hearted Englishmen from such unjust and unrighteous proceedings as I find at your hand, who goe about I now clearly see, by my ignorance in holdingi mee to a single & naked plea, which is purely as bad, if not worse then all the prerogatives: & for the worst & grossest of his prerogatives in a more rigorous manner then they were used in his life time, to be thus prest upon me at this day, after hee h⟨a⟩th lost his life for pretended tyranny and injustice, liberty and freedom in publick Declarations declared to the Kingdom, I say if there be justice and equity in this I have left my understanding, & the good Lord God of heaven deliver me from all such justiciaries.
L. Keble. M. Lilb. you have bin arraigned before us for high Treason, & we bid you forbear those tearms of yours, long agoe, speak that you doe rationally, and you shall have fair and christian answers and replies, as ever any man had at a Bar, & goe on, you shall have it still, if you will be fair and rationall, & not break out into extravagancies and bitternesse of spirit.
L. C. Lil.
