Page:Trial of john lilburne (IA trial john lilburne).djvu/54

 Lord Keble. Spare your selfe, when your time comes you shall speak.

Mr. Sprat. He asked leave for me first: And Sir it is easie to prove the whole indictment to be matter of law.

Judg Jerman. ''What impudent fellow is that, that dare be so bold as to speak in the Court without being called. Mr. Lilburn, by your own words you say you were told at Oxford, that by law you were to have counsell: that is as true, that the Court is of counsel for the prisoner arraigned at the Bar, & so we ought, & shall permit you other counsell, if matter of law upon the proof of the fact do arise; but for any other counsell to be assigned you before that appear, is not by law warranted, we shal tread the rules of justice: and we shall doe wrong to the whole common-wealth, if we should allow you counsell before matter of law doth arise from the proof of the fact, and to allow counsel in any other case, the Court commits injustice.''

Lord Keble. And this Mr. Lilburn I will promise you, that when there comes matter in law, let be a Lawyer or your selfe, he shall speake in your behalfe, but before he cannot.

L. C. Lil. Sir, the whole indictment under favour is matter of law, & the great question that will arise (admit the fact should be true, and admit it should be granted) is, whether the words be Treson in law, yea, or no, & also it is matter of law in the indictment, whether the matter in the indictment be rightly alldged, as to matter, time and place. And it is matter of law in the indictment where there divers several pretended treasons committed in divers and severall Counties, put into one and the same indictment, be legall yes, or no.

Lord Keble. Vpon proof of the matter of fact, you shall hear & know whether matter of law will arise, and till the words be proved, wee cannot say whether that be the law that you suppose.

L. Keble. M. Lilb. you have bin arraigned before us for high Treason, & we bid you forbear those tearms of yours, long agoe, speak that you doe rationally, and you shall have fair and christian answers and replies, as ever any man had at a Bar, & goe on, you shall have it still, if you will be fair and rationall, & not break out into extravagancies and bitternesse of spirit.