poor man's life. And all this Mr. Justice Nichols knows is very true, and that I have told you nothing about it but what is just."1

"Lord Keble. Mr. Lilburne, you at this time have here such a Court, which never any of your condition ever had in England, so many grave judges of the law.

"Lilburne. Truly I had rather have had an ordinary one; sir, I mean a legal and ordinary assize or sessions.

"Lord Keble. But this you have, and this is to take off, or prevent that which you would do now, if there had been one judge, and no more; and if you had not had this great presence of the Court, you would have been malapert, and have out-talked them; but you cannot do so here.

"Lilburne. Truly, sir, I am not daunted at the multitude of my judges, neither at the glittering of your scarlet robes, nor the majesty of your presence, and harsh austere deportment towards me; I bless my good God for it, who gives me courage and boldness."2

The Court then called on the prisoner to make his defence.

"Lilburne. I have been a great while yesterday pleading my right by law for counsel, and now I have stood many hours to hear your proofs to the indictment. I hope you will not be so cruel to put me to a present answer, when my bodily strength is spent.

"Lord Keble. Dispute no more, we must go on.

"Lilburne. I desire but a week's time to return you an answer to your large indictment; and if not so long, then give me leave but till to-morrow morning to consider of my answer. I am upon my life.

"Lord Keble. No, you must dispatch it now.

1 State Trials, pp. 1375, 1376.

2 State Trials, vol. iv. p. 1377.

Q

"Lilburne.

Then give me leave but to withdraw into any private room for an hour to recollect my thoughts, peruse my notes, and refresh my spirits."

Here Judge Jermin whispered the President of the Court, Keble, in the ear; and presently Judge Jermin said "It is against the law to allow you any more time; the jury stand here charged, the evidence is given, you must immediately go on, or yield that for truth which hath been proved against you.

"Lilburne. Well, then, if it must be so, that you will have my blood, right or wrong; and if I shall not have one hour's time to refresh me, after my strength is spent, and to consider that which hath been alleged against me, then I appeal" ["which" says the contemporary report, "he uttered with a mighty voice"]" to the righteous God of heaven and earth against you, where I am sure I shall be heard and find access; and the Lord God Omnipotent, and a mighty Judge betwixt you and me, require and requite my blood upon the heads of you and your posterity, to the third and fourth generation !"

Immediately after the uttering of these words the scaffold on the left hand fell down, which occasioned a great noise and some confusion, by reason of the people's tumbling down. Silence being made, the prisoner was busy at his papers and books, having been invited by Sheriff Pack to come out of the bar, for fear he should have fallen with the rest, and so the sheriff might have lost his prisoner.

"Lord Keble.

How came the prisoner there? "Lilburne. I went not thither of my own accord, but by Mr. Sheriff's invitation; and if I am in a place where I ought not to be, blame Mr. Sheriff, and

not me.

"Lilburne. Sir, if you will be so cruel as not to give me leave to withdraw to ease and refresh my body, I pray you let me do it in the Court. Officer, I entreat you

Here there was a short pause till the prisoner had obtained what he asked for.

"Lord Keble.

Proceed, Mr. Lilburne."

But the prisoner pressed for a little respite, which was granted him with much ado, as also a chair to sit down upon. But within a very little space the Lord President Keble said

"The Court cannot stay for you, proceed on to answer. "Lilburne. Good sir, would you have me to answer to impossibilities ? Will you not give me breath? If you thirst after my blood, and nothing else will satisfy you, take it presently without any more to-do.

"Lord Keble. The Court can stay no longer; take away his chair, for I cannot see the bar, and plead what you have to say, for it grows very late.

"Lilburne. Well, seeing I must do it, the will of God be done!"

But his brother Col. Robert Lilburne being next to him was heard to press him to pause a little more. "No, brother," said he, "my work is done; I will warrant you, by the help of God, I will knock the nail upon the head." And so he went into the bar, and set the chair before him, and laid his law books open upon it in the order in which he intended to use them. He then before commencing his defence entered into a contest with the Court for the establishment of the position that by the law of England the jury are not only judges of fact but of law also, in the course of which he said "You that call yourselves judges of the law are no more but Norman intruders; and indeed

and in truth, if the jury please, are no more but cyphers to pronounce their verdict.'

'Judge Jermin. Was there ever such a damnable blasphemous heresy as this is, to call the judges of the law cyphers?

"Lilburne. Sir, I entreat you give me leave to read the words of the law, then; for to the jury I apply, as my judges, both in the law and fact.

"Lord Keble. We will not deny a tittle of the law.

"Judge Jermin. Let all the hearers know, the jury ought to take notice of it, that the judges that are sworn, that are twelve in number, they have ever been the judges of the law, from the first time that ever we can read or hear that the law was truly expressed in England; and the jury are only judges, whether such a thing were done or no; they are only judges of matter of fact. "Lilburne. I deny it; here's your own prove you; and therefore let me but read it. case where a man is upon the trial of his life, not suffer him to read the law to the jury, for his own defence; I am sure you have caused to be read at large those laws that make against me.

law to dis

It is a hard that you will

"Lord Keble. But I shall pronounce to clear the righteousness of that law, whatsoever others will pretend against it that know it not.

"Lilburne. Sir, under favour, I shall not trouble myself with anything, but what is pertinent to my present purpose. Here is the first part of Coke's Institutes; it is owned by all the lawyers that I know, or ever heard of in England for good law.

"Lord Keble. If you can convince us, that matter of law does concern the jury, you say something.

1 State Trials, vol. iv. p. 1379.

"Lilburne. Sir, I have been shuffled too much out of my liberties already, give me leave to read but the law to the jury."

And here it is to be noted, as a confirmation of a remark I have made in a previous note how often in the course of this trial Lilburne showed a more accurate knowledge of the law than either the Court or the law officers, that the almost only advantage they obtained over him was on this occasion when, by a slip of the tongue very natural to a man who had not been bred a lawyer, he said "Coke's Commentaries upon Plowden" instead of "Coke's Commentaries upon Littleton." Upon this the President interrupted him.

"Lord Keble.

Have we dealt so fairly with you all this while? Pray be confident, those that are quotations there, are not for your purpose; but I thought how good a lawyer you were to set Coke's Commentaries upon Plowden, when there is no such book or commentary.

your matter of fact, which is clear; but for this, let it fall down, and spare yourself, and trouble yourself no more with Coke; he has no commentary upon Plowden." Here Lilburne pressed to speak.

"Judge Jermin. Hold, sir.

"Lilburne. What, will you not allow me liberty to read your law? O unrighteous and bloody judges!

Judge Jermin. By the fancy of your own mind, you would puzzle the jury; we know the book a little better than you do: there is no such book as Coke's Commentary upon Plowden.

"Lord Keble. Sir, you shall not read it.

"Judge Jermin. You cannot be suffered to read the law; you have broached an erroneous opinion, that the jury are the judges of the law, which is enough to destroy