Page:Trial of john lilburne (IA trial john lilburne).djvu/48

 and here to dye upon the principles of an Englishman: If you will not be so just as the Cavalliers were, with whom you and the Parliament set us togther by the eares to fight with, pretendedly for their injustice, let God and all righteous men judge betwixt you and me.

Judg Nichols. If you will not be led by the proceedings of law, it will be worse for you, and you are to know this is not Oxford.

L. Col. Lilb. Sir, by what better rules of the Law can I be led by, then those that I have before my eyes: I am sure at Oxford, as my right by Law, I was, before any fact was proved, proffered Counsell by my Judges, which were my Lord Heath, & Mr. Gardiner. Now Sir Thomas Gardiner, who is now in London, if you please I will produce him to this Barre, to justifie it upon his Oath, that the Lord Chiefe Justice Heath in his presence proffered me Counsell upon my Arraignment for Treason there, as my right by the priviledges of the lawes of England, before the fact came to be proved; yea, and also gave mee liberty to assign the errours of my indictment. He is now in London, and I will produce him here at this Barre (if you please) to justifie what I say, if you will give me time, and enable me with ability to summon him in.

Judg Nicolls. Mr. Lilburn, whether Mr. Gardiner will justifie it or no, it is nothing to us, for we are not to walke by Oxford presidents, but by the rules of the law, and the law will afford you no Counsell, but in points of law arising upon proofe of the fact.

''L. Col,Col. [sic] Lilb. Vnder favour thus: I conceive the presidents at Oxford, so far as they are righteous, are fit for your imitation, and whether it be a ghteous thing for you, when I am tryed for Treason before you, to bee more cruell towards me, who have fought for you, then the Cavalliers at Oxford'', in the like case were, against whom I fought: and I must tell you, I further conceive it the most unequall and unjust thing in the world, for me to have to doe, upon the tryall of my life, with all the Judges of the Land (who are all engaged men) that have had above 6. months time to beat their brains together, with the assistance of divers of my Adversaries, who are Parliament-Men, that were the creators of their power, and for one of them to be my prosecutor: And in this so extraordinary case, for me to be denyed to consult with Councel, I tell you Sir it is most unjust, and the most