Page:Trial of john lilburne (IA trial john lilburne).djvu/65

 Grand Jury, Major Rolfes Councell being by in open Court, to hear all the Evidence that was given against Major Rolfe, who in his Indictment was Indicted for two matters of fact, the first was that he had declared that in such a moneth, and at such a place, he had an intent to Pistoll the late King; which by the letter of the Law of the 25 Edw: 3. chap: 2. was Treason: then there was another Charge, that such a day he had so said or declared to Poison Him, in the presence of such a one, and they were both put into one Indictment; whereupon Mr Maynard, being assigned by the L: Chief Barron Wilde, that now is, to be of Councel for Rolfe in the same Case (but with abundance of more advantage to him, that I am now in) Mr Maynard was then of Councel to the prisoner, and had liberty to hear what the witnesses swore against him, and to make his best advantage of it, and that in open Court, before the Indictment was found by the Grand inquest; and although there were two expresse witnsses againt him, yet but one of them swore to one thing, and another to another; Mr Maynard being one that knew the Law better then Major Rolfe did himslf, he applied the two Statutes of Edward the sixth, viz. the 1 Edw: 6. chap: 12. and 5. and 6. of Edw: 6. chap: 11. to Rolfes Case, which Statutes doe expresly declare. That no man ought to be convicted of Treason, but by two sufficient witnesses upon plaine and clear evidnce to each fact of Treason, which evidance, as Sir Edward Cook saies in third part of his Institutes, ought to be as clear as the Sun at noonday, and not upon one single witnesse, and upon conjecturall presumptions, or inferences, or straines of wit: Now Sir I am an English-man as well as Major Rolfe, and I have been an Officer in the Parliament Army as well as he, and there fought for them as heartily as ever he did in his life, and he was accused for the highest of English Treasons; and therefore I humbly crave that in regard there are many particular errours in the Indictment, as to matter, time & place: that therefore in reference to the illegality of the Indictment according to this President, by one of your own fellow Judges, that you would according to my birth-right, declared in Major Rolfes Case, assigned me Councell as he had, to help my ignorance, that so I may not be destroyed by surprisall, and illegall, and unjust prerogatives.

L. Keable. You see with what a great deal of favour, in stead of a few words, we have heard you many, this is a priviledge; but this that you say upon it, it may be it was done, but that we doe, shall be according to that, you Rh