Page:Trial of john lilburne (IA trial john lilburne).djvu/44

 of your equalls, and I promise you we will take care of that, that they shall be good and lawfull men of England?

L. Col. Lilb. I thank you Sir, but under your favour thus, your indictment is extream long, and of aboundance of particulars, it is impossible that my memory, or of any one mans in England, can contain it, or carry it in our heads, and therefore that I may make my defence so as becomes a rationall English man: I earnestly entreat you that now you wil be pleased to give me a copy of my indictment, or so much of it, as you expect a plea from me upon, or an answer unto, and Counsell assigned me, and time to debae with my Counsell, and subpœna’s for witnesses.

Lord Keble. For councell you need none, Mr. Lilburn, for that not guilty which you have pleaded, is that which lies in your own breast, which rests in your owne counsell, and you know how it is, and can best plead that your self, Councell lies in matter of law, not of fact.

L. Col. Lilb. Vnder favour I desire Councell, for matter of law, and not for matter of fact: My indictment I believe in law, is all matter of law, and I have something to say to it in law.

Lord Keble. If matter of law doe arise upon the proofe of the fact, you shall know it, and then shall have Councell assigned to you.

L. Col. Lilb. I my selfe have before this been upon some trialls, and never before this was denyed Councell, no nor so much as ever disputed whether I should have it or no. I also was at a great part of the Earl of Straffords tryall, who was supposed a most notorious Traytor, and yet if my observation and memory doe not exceedingly faile mee, he had Councell assigned him at his first desire, and they were continually with him, not only at the Bar when he was there, but also had continuall and free accesse to him in prison.

Besides Sir, I being accused of Treason in such an extraordinary manner, and being but an ordinary man my selfe; no eminent experienced Lawyer, dare well meddle with my businesse, no nor so much as bestow a visit upon me; but he runs a hazard of being undone: and truly my estate is in an extraordinary manner taken from me, so that I have not money to send messengers up and downe privately to their chambers, and therefore that I may be freely and allowedly able, without danger of ruine to any man that shall advise me, I shall humbly crave as my right by law, and I am sure by common equity and justice, that I may have Councell and Soliciters also assigned me.

Lord Keble. Mr. Lilburn, speake rationally for your selfe, when there comes a matter of law, that you are able to say, this is for matter of law,