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and we, shall find to he according to the Laws of the Land, and our conscience, and the priviledge of the Subject: that that they did before the Grand Jury, and the witnesses, the witnesses are here sworn in Court in presence of the Grand Jury, so far we goe with them; that of M. Maynard and M. Justice Nicholls, being assigned Councell, for what cause it was then they best know, it is nothing that doth now concerne us, though the Treason was against those Laws that then were in being; we must come to proof, it may be be confest his fact; if you will doe so too it alters the case.
L. Col. Lilb. No Sir, he never confest it, for if he had, he had been found guilty; but he was saved meerly by the skill and honesty of his Councel M. Maynard, and his Indictment nuld an evaded, before ever the Grand Jury found it, and that upon this point of Law, because by the two Statutes of Edward 6. there ought to be two plain and clear witnesses, to every part of Treason; and though Rolfe, was accused by two witnesses, yet there was two facts, and but one witnesse to the proof of each of them.
L. Keable. When you come to tryall, if we see there be need of Counsel, the Court will be instead of Counsel to you; nay, the Court if they see any matter of Law for Counsel, though you doe not ask it, they will give you it; and therefore set your heart at rest, for if there be any thing rationall in Law that we can spie out, as well as your Counsel, we will help you in it.
L. Col. Lilb. Sweet Sir, I crave but one word more, I am upon my life, and if you deny me what the Law affords me, and that which hath been granted to be Law, by Cavalier Judges, yea, and by your fellow Judges, who are now in power at this day; the Lord deliver me from standing in need of you to be my Counsell⟨e⟩rs.
L. Keable. We are upon our lives too as well as you.
L. Col. Lilb. No, by your favour, not in so iminent a manner as I am.
L. Keable. We are upon our lives and our souls to all eternity.
L. Col. Lilb. Sir, I beseech you hear me one word.
L. Keable. I will hear no more.
M. Pridiaux, My Lord, I desire the Court would proceed, and not prolong time, seeing he has pleaded not guilty, and confessed something.
L. Coll. Lilb. No Sir, you doe me wrong, and abuse me, I never confessed any thing, nei⟨t⟩her did I plead not guilty; for my Plea was conditionall, grounded upon your promises, not to take any advantage of my ignorance in your formalities.
L. Keable, Go on, be silent M. Lilburn.
L.
