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at the common Law, per pares, which is that which your self have desired, a Tryall by lawfull men according to the Liberties of the Lawes of England, After your Answer to your first question, that is to say, whether you be guilty or not guiltie of the things whereof you are accused, no Counsell in the world can follow till the Fact be proved, and matter of Law doe arise thereupon. So that the first thing that must be done, the matter of Fact, must be proved against you, and then if it shall appear thereupon to the Court, that matter of Law doth arise, and you doe expect Counsell, we must and will performe it, the Court are of your Counsell so farre as to fact. And then in that case, that Law arise thereupon, you may and ought to have other Counsell assigned, and doe not you doubt but the Court will be as carefull of you, as you can be of your selfe, and allow you more favour, it may be, then your friends doe expect.
L. Col. Lilb. Vnder your favour, and by your good liking; I was once Arraigned at Oxford for my life, upon the matter of Treason, for leavying war in Oxfordshire against the King, as their Indictment then said, and my Arraignment was by vertue of a Commission of Oyer and Terminer, that was (and in Law I am sure of it) as legall and as just as yours is, and my Lord Chiefe-Justice Heath, the chief Commissioner or President who was in the eye of the Law, as legall a Judge as any of you, and yet he—
Lo. Keble. Mr. Lilburne, we doe remember it.
L. Col. Lilb. I beseech you give me leave to speake for my selfe, and to goe on, for my life lies upon it.
Lo. Keble. Heare me one word, and you shall have two.
This that you did speake but even now, doe not you thinke that we have such bad memories, as that we have alreadie forgot it, your life is by Law as deare as our lives, and our soules are at stake if we doe you any wrong.
L. Col. Lilb. I wish you may be sensible of that Sir.
Judge Jarman. Mr. Lilburne you need not to say so, our soules are upon it, and we are to stand or fall by Justice and righteousnesse as well as your selfe is.
L. Col. Lilb. I say my Lord Heath, and the Court at Oxford, profered me Counsell before any one witnesse was produc’d to my face, or any matter of fact came to the proofe, yea, and gave me Liberty to make my exceptions to the insufficiencie of the Indictment, which was very short in comparison of yours; I crave the same priviledge from you (the nations pretended friends) that I found at Oxford, amongst its declared pretended enemies, against whom in severall battells I had fought; And I hope you that pretend to be the preservatorsof
