Page:Trial of john lilburne (IA trial john lilburne).djvu/52

 L. Col. Lil. Vpon my letters after the first day of my Tryall, that Declaration of lx talonis was made, as clealy appears by the words and date of it now in print, which the Reader may peruse in the 1. part of the Parliaments Declarations, p. 802, 803.

Judg Thorp. I wonder they did not proceed in the prosecution of the Indictment, and find you guilty of Treason, and so to execution.

L. C. Lil. Vnder your favour thus, I appeared at the Bar, I pleaded to my indictment not guilty, I made exceptions against my indictment, and my selfe and the other 2. Gentlemen arraigned with me had Counsell assigned us as our right by law: And the Judges most fairly & rationally further told us, Because we will not surprize you, wee will give you a weeks time to consider (with what Counsel you please in Oxford to choose to come unto you) what to plead for you lives, & whatsoever other priviledges you can claim by the liberties of the lw of England, you shall enjoy them to the umost: Vpon which promse I spoke in open Court to the Judg, shewing him the irons upon my hands, in w I was arraigned, and told him: My Lord, by the lawes of England, no prisoner for any crime soever, that behaves himselfe civilly and peaceably in his imprisonment, ought to be put in irons, or to any other pain or torment before he be legally convicted: and therefore I desire as my right by law, that my irons may be taken off, And I said further, My Lord, I am shut up a close prisoner in my chamber, denyed the use of pen, ink, and paper, which is contrary unto law, especially in the time of my Triall. Why sayes he, you shall be released from yonryour [sic] irons, from your close imprisonment, and have the use of pen, inke, and paper, and Capt Lilburn, I tell you, you shall enjoy whatsoever other priviledge you can challenge as your right by law; for the law of England is a law of mercy, and I hope we shall appear just Judges of it: and therefore you shall freely have either Lawyer, or whom you will in Oxford, to come unto you to help you and advise you. And says he, because you shall see that law and justice is of the Kings side against the Parliament, and because they shall have no cause to calumniate us at Westminster, and to say we are unrighteous and unjust Judges, that suprize you, and thereby goe about to murther you, the Court is freely willing to give you 1 weeks time to consider with your Counsel in the mean time what this day sev’night to plead for your life, in which time being freed of my irons, and of my close imprisonment, & eujoyingenjoying [sic] pen, ink, and paper at my pleasure, by speciall order from the other 2. Gent. I writ a letter to my wife, & in it enclosed another to your Speaker & another to yong Sir Henry Vane, then my familiar acquaintance, all which I sent in post hast away to my wife by the hands of Capt. Primros wife, which Cap.