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the Law is, the Judges did meete, and they ought to meete[1] to consider of it, that nothing should be done against you, or any man else, contrary to the Law; but yet for my part, my dwelling in out of London, I heard not of it so soone as you speak of, but after I came to Town, I confesse I heard of it, and have been present about some debates about it.
L. Col. Lilb. Onely this I say, if by your prerogative you will destroy me as Nebuchadnezer did endeavour to destroy Daniel by his prerogative, I am as willing to dye, as he was to be throwne into the Lyons Denne, and if you will not allow me Councel to consult with, what Plea to make for my life, I have no more to say, Sir, it is but a vaine thing to spend any more words.
L. Keble. These are but words, and flourishes Sir, that you are so willing and ready to die as you declare you are; but if you be, it is the better for you: And also it is well you have not to do with Judges, that would be austeare upon you, for you to terme us to be men that come hither to destroy you as Nebuchadnezzar went about to doe Daniel, you may judge of what is within you, but of us, what is within us, you cannot judge; you shall have justice here in the face of the Countrey, and of all that heare us, these shall be Judges of our proceedings towards you: take heed, Mr. Lilburn, this language is but the sparks of that venemous heat that is within you, and they may burst out to prove you guilty before us, and in our presence, of that you are charge with, without any further proofe or proceedings; for you may doe it you may do it where you stand; and therefore be advised, and take heed what you say.
L. Col. Lilb. Sir, I have cast up my Account, and I know what it can cost me, I blesse God I have learned to dye, having alwayes carried my life in my hand, ready to lay it down for above this 12. yeares together, having lived in the favour and bosome of God, and I blesse his name, I can as freely dye as live.
L. Keble. You shall not now lay it down, if you do not destroy nor cast away the Common-wealth; but if you go about to destroy the Common-wealth, theCom-
- ↑ But Cooke in his Chapter of petty Treason, in 3. part. instit. fo. 29. expres⟨l⟩y saith, and to the end, that the Tryall may be the more indifferent, seeing the safety of the Prisoner, consi⟨st⟩eth in the indifferency of the Court, the Judges ought not to deliver their opinions before hand of any criminall case that may come before them judicially, and he there cites Humphery Stratfords Case, that arch Traytor, in which Husley chief Justice, besought H. 7. not to demand of them their opinions before hand, and in 4. part. institutes, Chapt. High Court Parliament, fo. 37. he fully shewes the evill of asking Judges Opinions before hand.
