Page:Trial of john lilburne (IA trial john lilburne).djvu/35

 this very place, and that by special Commission of Oyer and Terminer; who was accused for being one of the chiefest Confederates with Wyat in his Kentish Rebellion; which Wyat marched with an Army against the Queen to London, for which actual War or Rebellion, Throgmorton was in this place arraigned as a Traytor, and enjoyed as much, if not more favor then I have now enjoyed, although his then Judges and Prosecuter were bent to take away his life, right or wrong; and therefore Sir, by your favor, it is no extraordinary favour that you have afforded me, it is but onely my right, by law, Justice, and common Equity: But Sir, I shall be short, and put my business to a plain issue, which is this.

I have here at the Bar given in many strong Arguments against the validity and legality of a special Commission of Oyer and Terminer, and supposing that to be such an one by vertue of which you sit, and intend to try me for my life; and therefore I have humbly desired (as in reason, and I think in law I may justly do) to hear your Commission read; But you have positively denyed me that, and therefore I desire all my Friends, and all the people that hear me this day, to bear witness and take notice, that you contrary to Reason and common Equity, denyed me to let me hear read your Commission by Vertue of which you go about to take away my life; which I cannot chuse but desire them to take notice, I declare to be very hard measure.

But Sir, to save my self from your fore-lay’d snares, and desired advantage against me, I will come a little closer to the business: You demand I should hold up my hand at the Bar, and I know not what it meanes, neither what in law it signifies; Its true, I have read the most part of the lawes that are in English, which I take to be the Foundation of all our English legal Priviledges, and in them I cannot find any thing that doth cleerly declare unto me the full signification or meaning of a mans holding up his hand at the Bar; Therefore if you please but to explain what the