“KIDD. May it please your Lordships, I desire you to permit me to have counsel. “RECORDER (_Sir Salathial Lovel_). What would you have counsel for? “KIDD. My lord. I have some matter of law, relating to the indictment, and I desire I may have counsel to plead to it.” (He had evidently been coached up on this point that morning or the night before by his legal advisers.) “Dr. OXENDEN. What matter of law can you have? “CLERK OF ARRAIGNS. How does he know what he is charged with? I have not told him. “RECORDER. You must let the Court know what these matters of law are, before you can have counsel assigned you. “KIDD. I know what I mean. I desire to put off my trial as long as I can, till I can get my evidence ready. “Dr. OXENDEN. It cannot be matter of law to put off your trial. “KIDD. I beg your Lordships’ patience till I can procure my papers. I had a couple of French passes, which I must make use of in order to my justification. “RECORDER. That is not matter of law. “KIDD. I sent for them, but I could not have them. “Dr. OXENDEN. Where were they then? “KIDD. I brought them to my Lord Bellamont in New England. “RECORDER. Mr. Kidd, the Court sees no reason to put off your trial--you must plead. “KIDD. If your Lordship will permit those papers to be read they will justify me. “RECORDER. Mr. Kidd, you must plead. “KIDD. I cannot plead till I have those papers I have insisted upon. “Mr. LEMMON (_one of his counsel_). He ought to have his papers delivered to him, because they are very material for his defence. He has endeavoured to have them, but could not get them. “Mr. CONIERS (_one of the counsel for the prosecution_). You are not to appear for any one until he pleads, and that the Court assigns you for his counsel. “RECORDER. They would only put off the trial. “Mr. CONIERS. He must plead to the indictment. “KIDD. It is a hard case, when all these things shall be kept from me, and I shall be called on to plead. “CLERK OF ARRAIGNS. Make silence. “KIDD. My papers were all seized, and I cannot make my defence without them. I desire my trial to be put off until I can have them. “RECORDER. If he will not plead, there must be judgment. “KIDD. My lord, I insist upon my French passes. Pray let me have them. “RECORDER. Mr. Kidd, I must tell you, if you will not plead, you must have judgment against you, as standing mute. “KIDD. If your Lordships permit those passes to be read, they will justify me. If I plead, I shall be accessory to my own death, till I have persons to plead for me. “RECORDER. You are accessory to your own death, if you do not plead. “KIDD. My lord, would you have me to plead, and not have my vindication by me?”