Page:Trial of john lilburne (IA trial john lilburne).djvu/43

 L. C. Lilb. Truly I never read it Sir, in the lawes of England, what it is to plead in this nature.

Lord Keble. You say you will be tried by the lawes of the Land, then it is by the Countrey, and so you may plead and doe your selfe no harme; for by the Countrey is meant a Jurie of your equalls?

L. Col. Lilb. Sir, I am doubtfull of my ignorance in the Lawes, yet I will returne you an answer, you making good your already engaged promises, that you will take no advantage against me, if through my ignorance, and your importunitie, I plead in any forme, that in strictnesse of acceptation may deprive me of any reall benefit the law will afford me.

Judg Thorp. Mr. Lilburn, you will be tried by the law, and by the rules thereof, when you say so, you doe reallie declare it to be by your countrie, so that the true signification of being tried by the law, is the same thing in substance with being tried by the rules of the law.

L. Col. Lilb. Then I hope my answer is cleare and fair, Sir.

Judg Jermin. The formalitie is shortly this, to be tried by God and your countrie, no more is meant by it but thus, by God, as God is everie where present, yea, in all Courts of Justice, and sits and knkows all things that are acted, said, and done; the other part of it by your countrie, that is, by yur countrie or neighbourhood; the Countrie is called Patria, because your neighbour and your equals wh you are willing to put your self upon the triall of; by force of that word, the Countrie, a Jurie of the neighborhood for triall of you are summoned, now doe what you will.

L. Col. Lilb. Sir, under your favour thus, then in the negative, I say God is not locally or corporally here present to try me, or passe upon me; but affirmative I returne this answer, that I desire to be tryed in the presence of that God, that by his omnipotent power is present every where, and beholds all the actions that are done upon the earth, and sees and knows whether any of your hearts be possessed with a premeditated malice against me, and whether any of you come with so much forethought of malice against me, as that in your hearts you intend to do the utmost you can, right or wrong to destroy me, and before this alseeing God I desire to be tryed, and by my Countrey, that is to say, by a jury of my qualls, according to the good old lawes of the Land.

Justice Thorp. You have spoken very well.

Lord Keble. ''You have done like an English-man so far as you have gone, and I doe assure that in any formalities (as you expresse, or call them) there shall be no advantage against you, if you mistake in them. Now what you have the next to thinke upon, is your Jurie of your countri-men, or''