Page:Trial of john lilburne (IA trial john lilburne).djvu/55

This page has been proofread, but needs to be validated.

(41)

L. Col. Lilb. For my part, Sir, I must look upon my selfe as a lost and dead man, if I have not counsell to help my ignorance to pitch upon those things that tend to my preservation: and therefore if you willl not assigne me Counsell to advise and consult with, I am resolved to goe no further, though I die for it, and my innocent blood be upon your heads.

Justice Jermin. You have alledged part of the Law of England for your own advantage; but every one that says so, does not prove it to be so: you have sayd you will be tried by the Lawes of England, and yet against the Lawes of England you have utterly refused, in that you would not hold up your hand, which I doe not know any English that ever refused so to doe, but your selfe: you have been told by the Court what the Law of England is, and yet you will not be satisfied. We are upon our Oathes, and therefore will discharge our consciences, and that in, or more eminent manner than my brother Heath did, although we doe not deny your liberty to speak for your self. But now you who would have Counsell assigned before any matter of Law doth appeare upon the proofe of the fact, which we cannot doe: for it were to doe injustice, and to doe against the Law, which the Court cannot justifie.

L. Col. Lilb. Sir, under favour, whether or no I have transgrest the Law, I will not judge; but I am sure the Law in the equity and intention of it, would have all trials to be equall, and not prejudicial. My prosecutors have had time enough to consult with counsell of all sorts and kinds to destroy me, yea & with your selves, and I have not had any time at all, not knowing in the least what you would charge upon me, and therefore could provide no defence for that which I knew not what it would be: And if by the law of England I cannot have counsell, then upon your own grant, which is, That the Lawes of God are the Lawes of England, I desire to have the priviledge of the law of God; which you your selfe said is the law of England; and I am sure the law of God is, that you should doe as you would be done to: now it cannot be according to the law of God, for my adversaries to have the helps of all manner of councels, by snares, tricks and provocations to take away my life, and for me to be denied the benefit to consult with any to preserve my innocent life against potent Malice.

L. Keble. You say well, the law of God is the law of England, and you have heard no law else but what is consonant to the law of Reason, which is the best law of God, and here is none else urged against you.

Another Judge. The Lawes of God, and the Lawes of Reason, and the Lawes of the Land, are all joyned in the Lawes that you shall bee tryed by.

Iustice