Page:Trial of john lilburne (IA trial john lilburne).djvu/45

 ''arising from matter of fact, that hath been proved or endeavoured to be proved, when you come beyond that, you shall have it as willingly as you can desire, and withall, this that you say concerning your Memory, which you say is not able to carry away, or containe the particulars of this Inditement. The Inditement so much as will charge your memory will be very short, for it is the publishing of those books charged upon you in the Inditement, that will be the matter which will stick, and that matter will be very short, which we must prove against you, which is only matter of fact, and not of Law, And therefore for fact of Treason you can be allowed no Counsell, but must plead it your selfe.''

L. Col. Lilb. Sir, under favour, you expect from me impossibilities, for seeing I have been seven moneths in prison for nothing, and could not in the least know perfectly what would be laid to my charge, nor after what manner I should be proceeded against (considering all proceedings against me hithertoward) have been so absolutely arbitrary, that it was impossible for me in Law exactly to come provided) and therefore seeing I am now here, and you pretend to proceed with me according to the due course of Law, and seeing the forme of the proceedings in this manner with me is not expresly and exactly declared in print in English, which tongue only I can read and understand, and seeing by the Law which is in English, which I have read, and clearly understand, that there are a great many snares, and a great many niceties in the practick, that are formall proceedings of the Law, and seeing I know not certainly, whether if I proceed to matter of proofe, before in Law I make my exceptions against your Inditement, as to matter, time, and place, I be not in Law deprived of that benefit, which I principally aime at for the preservation of my life, therefore I beseech and most earnestly entreat you, to assigne me Counsell to consult with, before I be too farre insnared, and if you will not doe it, and give me some reasonable time to prepare my plea and defence, then order me to be knock’d in the head immediately in the place where I stand without any further tryall, for I must needs be destroyed if you deny me all the meanes of my preservation.

Judge Jermine. Mr. Lilburne, It were reasonable to give you satisfaction, if you would receive it, you say you were present at my Lord of Straffords Triall, and you say he had Counsell assigned him, not only to stand by him at the Barre, but to repair to prison to instruct and advise, but that was not a Tryall in such a way as this is: It was a Triall by way of Impeachment before the Peers assembled in Parliament, and his Attainder was made up into an Act of Parliament, but that is not a Triall