John Lilburne, quoting the Bible
Political
firebrand who began his career as a martyr for Puritan doctrine, became
a
champion of the Levellers and political democracy, and ended his days
as a
Quaker and pacifist.
http://www.british-civil-wars.co.uk/biog/lilburne.htm
“...If
the World was emptied of
all but John Lilburne, Lilburne would quarrel with John, and John with
Lilburne...” http://www.british-civil-wars.co.uk/biog/lilburne.htm
John Lilburne, c.1615-1657: John Lilburne was born in Sunderland,
the third son of a minor country gentleman. After attending schools in
Bishop
Auckland and Newcastle-upon-Tyne, he
was
apprenticed to Thomas Hewson, a London
clothier and Puritan. He remained with Hewson from around 1630 to 1636.
During
his apprenticeship, Lilburne immersed himself in the Bible, Foxe's Book
of
Martyrs and the writings of the Puritan divines. In 1636, he was
introduced
to the Puritan physician John Bastwick, an active pamphleteer against
episcopacy
who, with William Prynne and Henry Burton, was persecuted by Archbishop
Laud in
a famous case in 1637. From:
British
Civil Wars, Commonwealth and Protectorate 1638-60
http://www.british-civil-wars.co.uk/biog/lilburne.htm
John
Lilburne: The First English Libertarian: He
became known to his contemporaries
as "Freeborn John." He described himself as "a lover of his
country and sufferer for the common liberty." His biographer Pauline
Gregg
concluded: He could be called the first English Radical — a
great-hearted
Liberal — a militant Christian — even if the spirit of his teaching
were taken
fully into account, the first English democrat. But it is better to
leave him
without a label, enshrined in the words he spoke for his party: "And
posterity we doubt not shall reap the benefit of our endeavours, what
ever
shall become of us." His courageous
campaigns for liberty resulted in him spending much of his life in
prisons.
These included Fleet prison in London, Oxford Castle,
the notorious Newgate prison also in London,
the Tower of London, Mount
Orgueil Castle in Jersey, and Dover Castle. When
Lilburne was brought before the court of
Star Chamber, he refused to take the oath. "It is this trial that has
been
cited by constitutional jurists and scholars in the United States of America
as being
the historical foundation of the Fifth Amendment to the United States
Constitution. It is also cited within the 1966 majority opinion of Miranda
v Arizona
by the U.S. Supreme Court." The
late United States Supreme Court Judge Hugo Black, who often cited the
works of
John Lilburne in his opinions, wrote in an article for Encyclopaedia
Britannica that he believed John Lilburne's constitutional work of
1649
was the basis for the basic rights contained in the U.S. Constitution. By: Peter Richards at http://mises.org/story/2861
The
Levellers: The Levellers
were a group of political activists in the 17th century, who campaigned
for
radical change, by writing and distributing pamphlets, petitions and
manifestos; and by arranging meetings in taverns to spread their ideas.
Among
their leading writers and pamphleteers, besides John Lilburne, were
Richard
Overton, William Walwyn, Thomas Prince, and John Wildman.
Probably the most famous document compiled by
the Levellers is one entitled An
Agreement of the People. http://www.constitution.org/lev/eng_lev_07.htm The demands listed included regular
elections, religious freedom, equality before the law, an end to
conscription
for war service, equal electoral districts according to population, and
universal manhood suffrage. By: Peter Richards at http://mises.org/story/2861
Selected
Works of the Levellers: The
Levellers were a group of English
reformers mainly active during the period from 1645 through 1649, who
originated many of the ideas that eventually became provisions of the
U.S.
Constitution, especially the Bill of Rights. Inspired by the Petition
of
Right of 1628, and led by John Lilburne, beginning as a lieutenant
of
Oliver Cromwell, they initially supported the Protectorate, but then
turned
against it when Cromwell failed to make the reforms they demanded. The
response
was the prosecution of most of its leaders, who were either imprisoned
or
executed. Their proposals continued, however, to inspire political
philosophers
and future generations of reformers. They appear to have influenced
their
contemporary, Thomas Hobbes, and later writers such as James Harrington
and
John Locke. Their proposals were revived during the Revolution of 1688
to
produce the English Bill of Rights in 1689, which led to the Whig party
in Britain that
supported many of the reforms for Britain sought
by the Americans during the War of Independence. During the period of
their
greatest activity, the Levellers produced a number of political
documents,
which have been gathered and published by various editors. We present
several
of those collections here, which have some overlap in their contents. http://www.constitution.org/lev/levellers.htm
“Agreement
of the Free people of England”: This
manifesto for constitutional reform in Britain paved the way for
many of
the civil liberties we cherish today: universal vote, the right to
silence in
the dock, equal parliamentary constituencies, everyone being equal
under the
law, the right not to be conscripted into the army, and many others.
This
particular version was smuggled out of the Tower of London,
where Lilburne and the others were being held captive. All Leveller
soldiers,
and they were the majority in many regiments, carried this agreement
proudly
tucked into their hat-band. http://www.constitution.org/eng/agreepeo.htm
British
History Online: This searchable
database provides full text access to the proceedings and
documents of the House of Lords and Commons during the time of John
Lilburne’s
trials. Search : John
Lilburne
Journal of the House of Lords: Volumes
4 – 10, 1629-1649
http://www.british-history.ac.uk/subject.aspx?subject=6&gid=44
Journal of the House of Commons: Volumes
1 – 12, 1547-1699
http://www.british-history.ac.uk/subject.aspx?subject=6&gid=43
Star-Chamber
February, 1637: “Information
was preferred in Star-Chamber by the King's Attorney-General, against
John
Lilburne and John Warton, for the unlawful Printing and Publishing of
Libellous
and Seditious Books, Entituled News from Ipswich, &c. they were
brought up
to the Office, and there refused to take an Oath to answer
Interrogatories, saying
it was the Oath ex Officio, and that no free-born English man ought to
take it,
not being bound by the Law to accuse himself, (whence ever after he was
called
Free-born John ) his offence was aggravated, in that he printed these
Libellous
and Seditious Books, contrary to a Decree in Star-Chamber, prohibiting
printing
without License: which Decree was made this Year in the Month of July,
and was
to this effect.”
From: 'Historical
Collections: 1637 (3 of
5)', Historical Collections of Private Passages of State: Volume 2:
1629-38
(1721), pp. 461-481.
http://www.british-history.ac.uk/report.aspx?compid=74904&strquery=john
lilburne
Star Chamber
‘Condigne Punishment’ of John Lilburne – 1637:
“Ordered
ye 18th Touching Lilburne Prison[e]r in the Fleete: Where as John
Lilburne
Prison[e]r in the Fleet by Sentence in Starr Chamber did this day
suffer
condigne Punishment for his sev[er]all offences, by whipping at a cart
and
standing in the pillory and as their Lo[rdshi]pps were this day
informed,
during the time that his Body was under the said execution, audatiously
and
wickedly not only utter sundry scandalous and seditious speeches, but
likewise
scattered sundry Copies of seditious Bookes amongst the people that
beheld the
said execut[i]on for w[hi]ch very thing amongst other offences of like
nature
hee had beene censured in the said co[u]rt by the foresaid Sentence It
was
thereupon ordered by their Lo[rdshi]pps That the said Lilburne should
bee Layed
alone w[i]th Irons on his hands and Leggs in the wardes of the Fleete,
where
the basest and meanest sorte of Prison[e]rs are used to bee putt, And
that the
Warden of the Fleete take especiall care to hinder resort of any
p[er]son
whatsoever unto him, and p[ar]ticularly that hee bee not supplyed
w[i]th any
hand, And that hee take especiall notice of all L[ette]res Writings and
Books
brought unto him, and seaze and deliver the same unto their
Lo[rdshi]pps, And
take notice from time to time, who they bee that resort to the said
Prison to
vissitt the said Lilburne or to speake w[i]th him, and informe the
Board. And
it was lastly ordered, that hereafter all p[er]sons that shalbee
p[ro]duced to
receave Corporall punishm[en]t according to Sentence of that Court or
by order
of the Board, shall have their Garment[e]s searched before they bee
brought
forth, and neither writing nor other Thing suffered to bee about them,
and
their hands likewise to bee bound during the time they are under
punishm[en]t,
whereof (together w[i]th the other p[re]mises) the said Warden of the
Fleete,
is hereby required to take notice and to have especiall care, that this
their
Lo[rdshi]pps order bee accordingly observed.” http://www.nationalarchives.gov.uk/pathways/citizenship/rise_parliament/transcripts/star_chamber.htm
http://www.nationalarchives.gov.uk/pathways/citizenship/rise_parliament/docs/star_chamber.htm
Lilburn's
Judgement by the House of Lords 1646:. "It is to be
remembered, that, the Tenth
Day of July, in the Two and Twentieth Year of the Reign of our
Sovereign Lord
King Charles, Sir Nathaniell Finch Knight, His Majesty's Serjeant at
Law, did
deliver in, before the Lords assembled in Parliament at Westm'r,
certain
Articles against Lieutenant Colonel John Lilburne, for High Crimes and
Misdemeanors done and committed by him, together with certain Books and
Papers
thereunto annexed; which Articles, and the said Books and Papers
thereunto
annexed, are filed among the Records of Parliament; the Tenor of which
Articles
followeth, in these Words:
"It
was then and there, (that is to say,) the said Tenth Day of July, by
their
Lordships Ordered, That the said John Lilbourne be brought to the Bar
of this
House the 11th Day of the said July, to answer the said Articles, that
thereupon
their Lordships might proceed therein according as to Justice should
appertain;
at which Day, scilicet, the 11th Day of July, Anno Domini 1646, the
said John
Lilburne, according to the said Order, was brought before the Peers
then
assembled and sitting in Parliament, to answer the said Articles; and
the said
John Lilburne being thereupon required, by the said Peers in
Parliament, to
kneel at the Bar of the said House, as is used in such Cases, and to
hear his
said Charge read, to the End that he might be enabled to make Defence
thereunto, the said John Lilburne, in Contempt and Scorn of the said
High
Court, did not only refuse to kneel at the said Bar, but did also, in a
contemptuous Manner, then and there, at the open Bar of the said House,
openly and
contemptuously refuse to hear the said Articles read, and used divers
contemptuous Words, in high Derogation of the Justice, Dignity, and
Power of
the said Court; and the said Charge being nevertheless then and there
read, the
said John Lilburne was then and there, by the said Lords assembled in
Parliament, demanded what Answer or Defence he would make thereunto;
the said
John Lilburne, persisting in his obstinate and contemptuous Behaviour,
did
peremptorily and absolutely refuse to make any Defence or Answer to the
said
Articles; and did then and there, in high Contempt of the said Court,
and of
the Peers there assembled, at the open Bar of the said House of Peers,
affirm,
"That they were Usurpers and unrighteous Judges, and that he would not
answer the said Articles;" and used divers other insolent and
contemptuous
Speeches against their Lordships and that High Court: Whereupon the
Lords
assembled in Parliament, taking into their serious Consideration the
said
contemptuous Carriage and Words of the said John Lilburne, to the great
Affront
and Contempt of this High and Honourable Court, and the Justice,
Authority, and
Dignity thereof; it is therefore, this present 11th Day of July,
Ordered and
Adjudged, by the Lords assembled in Parliament, That the said John
Lilburne be
fined, and the said John Lilburne by the Lords assembled in Parliament,
for his
said Contempt, is fined, to the King's Majesty, in the Sum of Two
Thousand
Pounds: And it is further Ordered and Adjudged, by the said Lords
assembled in
Parliament, That the said John Lilburne, for his said Contempts, be and
stand
committed to The Tower of London, during the Pleasure of this House:
And
further the said Lords assembled in Parliament, taking into
Consideration the
said contemptuous Refusal of the said John Lilburne to make any Defence
or
Answer to the said Articles, did Declare, That the said John Lilburne
ought not
thereby to escape the Justice of this House; but the said Articles, and
the
Offences thereby charged to have been committed by the said John
Lilburne,
ought thereupon to be taken as confessed: Therefore the Lords assembled
in
Parliament, taking the Premises into Consideration, and for that it
appears by
the said Articles that the said John Lilburne hath not only maliciously
published several scandalous and libelous Passages of a very high
Nature
against the Peers of this Parliament therein particularly named, and
against
the Peerage of this Realm in general, but contrived, and contemptuously
published, and openly at the Bar of the House delivered, certain
scandalous
Papers, to the high Contempt and Scandal of the Dignity, Power, and
Authority
of this House: All which Offences, by the peremptory Refusal of the
said John
Lilburne to answer or make any Defence to the said Articles, stand
confessed by
the said Lilburne as they are in the said Articles charged:
"It
is, therefore, the said Day and Year last abovementioned, further
Ordered and
Adjudged, by the Lords assembled in Parliament, upon the whole Matter
in the
said Articles contained,
"1. That
the said John Lilburne be sined to the King's Majesty in the Sum of Two
Thousand Pounds.
"2.
And, That he stand and be imprisoned in The Tower of London, by the
Space of
Seven Years next ensuing.
"3.
And further, That he, the said John Lilburne, from henceforth stand and
be
uncapable to bear any Office or Place, in Military or in Civil
Government, in
Church or Commonwealth, during his Life."
From: 'House of Lords Journal
Volume 8: 17 September 1646',
Journal of the House of Lords: volume 8: 1645-1647 (1802), pp. 493-494.
http://www.british-history.ac.uk/report.aspx?compid=34103&strquery=john
lilburne
Lilburne on
Trial for High Treason: On
the October 24, Lieutenant Colonel John Lilburne was charged under the
Treason
Acts of May 14 and July 17, 1649 — acts passed no doubt with the
express
purpose of charging Lilburne with high treason. The trial began early
on the
morning of October 25, after the members of the Extraordinary
Commission of
Oyer and Terminer, consisting of 40 dignitaries led by the lord mayor,
took
their places in the Guildhall in London
to preside over the case. The courtroom was packed with Lilburne's
friends and
supporters. Lilburne contested point after point and when the
prosecution read
out extracts from Lilburne's pamphlets, the public often applauded.
After the
indictment was read out, Lilburne requested more time to prepare his
defense
and gather witnesses. He was granted an afternoon's respite only. The
court
reconvened at 7 AM the following morning. After a long day of listening
to
Lilburne being subjected to intense questioning, the jury finally
retired at 5
PM. Within an hour they reached their verdict: not guilty of all
charges.
Cheers rang out in the courtroom and celebrations continued all
evening. Church
bells tolled throughout London,
bonfires were lit and feasting was enjoyed by John's many supporters. A
special
medal was struck to commemorate the occasion, with John's portrait on
one side
and the names of the members of the jury on the other. John Lilburne
was
returned to the Tower, his release being delayed until November 8, when
his
fellow prisoners Walwyn, Overton, and Prince were also discharged. The
Levellers held a great feast at the King's Head Tavern in Fish Street
to celebrate the occasion. http://mises.org/story/2861#part27
5
Howell's State Trials 411-412, (1649) Statement of
John Lilburne: ‘For
certainly it cannot be denied, but if he be really an offender, he is
such by
the breach of some law, made and published before the fact, and ought
by due
process of law, and verdict of 12 men, to be thereof convict, and found
guilty
of such crime; unto which the law also hath prescribed such a
punishment
agreeable to that our fundamental liberty; which enjoineth that no
freeman of
England should be adjudged of life, limb, liberty, or estate, but by
Juries; a
freedom which parliaments in all ages contended to preserve from
violation; as
the birthright and chief inheritance of the people, as may appear most
remarkably in the Petition of Right, which you have stiled that most
excellent
law.‘And therefore we trust upon second thoughts, being the parliament
of
England, you will be so far from bereaving us, who have never forfeited
our
right, of this our native right, and way of Trials by Juries, (for what
is done
unto any one, may be done unto every one), that you will preserve them
entire
to us, and to posterity, from the encroachments of any that would
innovate upon
them * * *.‘And it is believed, that * * * had (the cause) at any time
either
at first or last been admitted to a trial at law, and had passed any
way by
verdict of twelve sworn men: all the trouble and inconveniences arising
thereupon and been prevented: the way of determination by major votes
of
committees, being neither so certain nor so satisfactory in any case as
by way
of Juries, the benefit of challenges and exceptions, and unanimous
consent,
being all essential privileges in the latter; whereas committees are
tied to no
such rules, but are at liberty to be present or absent at pleasure.
Besides,
Juries being birthright, and the other but new and temporary, men do
not, nor,
as we humbly conceive, ever will acquiesce in the one as in the other;
from
whence it is not altogether so much to be wondered at, if upon
dissatisfactions, there have been such frequent printing of men's
cases, and
dealings of Committees, as there have been; and such harsh and
inordinate heats
and expressions between parties interested, such sudden and importunate
appeals
to your authority, being indeed all alike out of the true English road,
and
leading into nothing but trouble and perlexity, breeding hatred and
enmities
between worthy families, affronts and disgust between persons of the
same
public affection and interest, and to the rejoicing of none but public
adversaries. All which, and many more inconveniences, can only be
avoided, by
referring all such cases to the usual Trials and final determinations
of law.’
John
Lilburne - Leveller
leader:
On
26 October 1649, amid tumultuous scenes at Westminster, a high-profile political
trial
ended in chaos. A jury had acquitted John Lilburne, the charismatic
leader of
the Levellers, of a charge of high treason against the recently formed English Republic. Within days a
commemorative
medal had been struck, bearing Lilburne's image and the names of the
jury. This
dramatic episode and the media frenzy with which it was surrounded
encapsulate
the romance of the Leveller movement and the potency of the threat
which
Lilburne was perceived to represent to the political establishment. Although he was acquitted in 1649, Lilburne
became a marked man. He was soon exiled to the Continent and then, upon
his illegal
return in 1653, was subjected to another set-piece trial and further
imprisonment. The Levellers, with Lilburne broken in body and spirit,
disintegrated as a political force, and Lilburne himself died a Quaker
in 1657.
However, Leveller ideas would resurface in different forms over the
ensuing
centuries; and 'Lilburnism', a dramatic new form of political activism,
never
disappeared. From the National Archives: http://www.nationalarchives.gov.uk/pathways/citizenship/rise_parliament/leveller.htm
Judgment
against
Lilburne, 1652: According to
former Order, Lieutenant Colonel John Lilburne was this Day
brought to the Bar in the Parliamenthouse, to receive the Judgment
given
against him by the Parliament: And, being at the Bar, he was commanded
to
kneel; but he obstinately denied to kneel at the Bar; and thereupon was
commanded to withdraw.
From: 'House of Commons Journal Volume 7: 20
January 1652', Journal of the House of Commons: volume 7: 1651-1660
(1802), pp.
74-75.
http://www.british-history.ac.uk/report.aspx?compid=23935&strquery=john
lilburne
An Intercepted Letter 1653: “The
last weeke John Lilbourne was five times at his triall at the
sessions-house,
where he most couragiously defended himselfe from Mr. Steele the
recorder his
violent assaults, with his old buckler, magna charta; soe that they
have let
him alone, although he be not yeat quitted. Cromwell thought this
fellow soe
considerable, that during the time of his triall he kept three
regiments
continually in armes about St. James. There were many tickets throwne
about
with these words;
And what, shall then honest John Lilbourn
die?
Threescore thousand will know the reason why.
Lilbourne
encountred Prideaux with soe many opprobrious termes, that he caused
him
absolutely to quit the field. Titus was one of Lilbourne's accusers,
and the
duke of Buckingham's name is much used therein. Sir, I had almost
forgot to
acquaint you, that that arch-villaine Bampfield hath bin lately with
Cromwell;
but as for the particulars of his business I shall deferr untill
another my
next, not having time to enquire it out throughly, especially since I
keepe my
chamber, being in some seare of the vertigo. I believe you have senn
the new
declarion of the representative, otherwise you should have receaved it
from, For
Mr. Edwards theise are. Sir, your ever faithfull and obedient servant,
Peter
Richardson.”
From: 'State Papers, 1653: July (4 of 5)', A
collection of the State Papers of John Thurloe, volume 1: 1638-1653
(1742), pp.
363-376.
http://www.british-history.ac.uk/report.aspx?compid=55265
Resolved,
by the Parliament,
Nov. 1653, That the
Lieutenant of the Tower of London be enjoined and required to detain
and keep
the Body of Lieutenant John Lilburne in safe Custody, in the Tower of
London, and
not to remove or carry him from thence, notwithstanding any Habeas
Corpus
granted, or to be granted, for that Purpose, by the Court of
Upper-Bench, or
any other Court, until the Parliament take further Order.
From: 'House of Commons Journal Volume 7: 26
November 1653', Journal of the House of Commons: volume 7: 1651-1660
(1802),
pp. 358.
http://www.british-history.ac.uk/report.aspx?compid=24321&strquery=john
lilburne
From The Dutch ambassadors at London
to the States General 1653.
High and mighty Lords... we do presume that the government
here hath had
some notice of some secret correspondence and designs for king Charles;
for
which several persons of quality are put into the tower. Lieutenant
col.
Lilburne was likewise put there; but since he is sent to the islands of
Man, Guernsey, or Sorlings, there to
evaporate his turbulent
humours; whereof he is full, as they say here. 'Tis believed, that the
twelve
sworn jury-men, who did clear and discharge him, will not escape
unpunished
either in bodies or estates. The fleet of this state, which is said to
be an
hundred sail strong, or thereabouts, are most of them at sea although
others do
assure us of the contrary. We were glad to receive your lordships
resolutions
concerning the poor prisoners here, and we shall govern ourselves
therein for
the best advantage of the state. My lords, Westminster, 12/2 Sept. 1653. your lordships humble servant.
From: 'State Papers, 1653: September (1 of
6)', A collection of the State Papers of John Thurloe, volume 1:
1638-1653
(1742), pp. 445-455.
http://www.british-history.ac.uk/report.aspx?compid=55272&strquery=john
lilburne
The Just Defense
of John
Lilburne 1653 : Written while on trial for his life. An
activist
for nearly twenty years, and advocate for radical legal reforms, John
Lilburne
was accused of treason and tried in a hugely important trial. (When the
jury
refused to convict, he was re-arrested and imprisoned on the Isle of
Jersey,
out of reach of habeas corpus protections – shades of Guantanamo after
9/11.) http://www.strecorsoc.org/docs/defence1.html
Fear
of Public Reaction to Lilburne’s Trial 1653: “The business of lieutenant col.
Lilburne
hath been for these three days continually upon hearing, and after a
pleading
of twelve or sixteen hours long, was the day before yesterday ended in
the
night, and pronounced to his advantage and discharge, without being
released
out of prison: notwithstanding it is thought, that they will not leave
him so,
but bring him before a high court of Justice, and there accuse him of
treason
and other crimes; yea it is very certain, that many of the parliament
are very
bitter against him, and irritated the more by his book written in
prison,
wherein he doth grosly exclaim against them and their government.
Out
of fear of insurrections and
commotions, three regiments of foote and one of horse were sent for to
town,
who marcht through the city on Saturday last; and here were some
libells
scattered up and down not long since, that if Lilburne doe suffer
death, there
are twenty thousand, that will die with him. What further will be done
with
him, shall be advised to your excellency by the next.”
From:
'State Papers, 1653: August (5 of 5)', A collection of the State Papers
of John
Thurloe, volume 1: 1638-1653 (1742), pp. 435-445.
http://www.british-history.ac.uk/report.aspx?compid=55271&strquery=john
lilburne
Lilburne
Cleared by Jury 1653:
My
lord.....L. co1. John Lilburn is
cleared by a jury. There were six or seven hundred men at his trial
with
swords, pistolls, bills, daggers, and other instruments, that in case
they had
not cleared him, they would have imployed in his defence. The joy and
acclamation was so great after he was cleared, that the shout was heard
an
English mile, as is said; but he is not yet released out of prison, and
it is
thought they will try him at a high court of Justice.
Westminster, 26
Aug./5 Sept. 1653.
From:
'State Papers, 1653: August (5 of 5)', A collection of the State Papers
of John
Thurloe, volume 1: 1638-1653 (1742), pp. 435-445.
http://www.british-history.ac.uk/report.aspx?compid=55271&strquery=john
lilburne
Retrial
Likely 1653: My lord; .....
The proceedings against Lilburne Saturday last after a pleading of
sixteen
hours were determined, and he declared not guilty of any crime worthy
of death.
Since the twelve jurymen have been called to account before the
council, to
give an account of their verdict; and in the mean time he remaineth a
prisoner.
It seems, they will charge him with further crimes of treason, and will
judge
him by a high court of justice. There are two or three others of
quality put
into the tower about some plot for the service of the king; and that
they
should have held correspondence with the said Lilburn. I could with I
could
find more matter to entertain your lordship. My lord, Westminster, 26
Aug/5 Sept. 1653.
From:
'State Papers, 1653: August (5 of 5)', A collection of the State Papers
of John
Thurloe, volume 1: 1638-1653 (1742), pp. 435-445.
http://www.british-history.ac.uk/report.aspx?compid=55271&strquery=john
lilburne
“The Resurrection” of John
Lilburne 1655, Now a Prisoner in Dover-Castle: Two
letters by John Lilburne (one to his wife, Elizabeth, quoting a scrap
of hers)
and biblical analysis, written from prison and published on his
instruction to
explain to his friends and supporters that he had become a Quaker.
Lilburne
became a Friend during what was to be his final stay in prison,
declaring that
"by the spirit and power of life from God, that now aloud again speaks
within me ... I am at present become dead to my former busling actings
in the
world, and now stand ready... to hear and obey all things that the
lively voice
of God speaking in my soul require of me." http://www.strecorsoc.org/docs/resurrection1.html
Supreme
Court of the United States: References to John Lilburne:
Gannett Co. v. DePasquale: 443 U.S.
368 (1979). Sixth amendment right to a
public trial. “the first fundamental
liberty of an
Englishman” The Trial of John Lilburne” 4
How. St.
Tr. 1270. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=443&page=368
Jenkins v. McKeithen: 395 U.S. 411 (1969). Due
process right
to a public trial.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=395&page=411
Talley v. California:
362 U.S. 60 (1960) re: anonymous pamphlets and press licensing. “John Lilburne was whipped, pilloried and
fined for refusing to answer questions designed to get evidence to
convist him
or someone else for the secret distribution of books in England.” http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=362&page=60
Barenblatt v. United States:
360 U.S.
109 (1959) re: the House Un-American Activities Committee.
“The memory of one of these, John Lilburne –
banished and disgraced by a parliamentary committee on penalty of death
if he
returned to the country – was particularly vivid when our Constitution
was
written. His attack on trials by such
committees and his warning that ‘what is done unto any one may be done
unto
every one’ were part of thehistory of the times.” http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=360&page=109
In
re Oliver: 333 U.S. 257 (1948) “In 1649, a few years after the Long
Parliament abolished the Court of Star Chamber, an accused charged with
high
treason before a Special Commission of Oyer and Terminer claimed the
right to
public trial and apparently was given such a trial. Trial of John Lilburne,
4
How.St.Tr. 1270, 1274.
‘By immemorial usage, wherever the common law prevails, all trials are
in open
court, to which spectators are admitted.’ 2 Bishop, New Criminal
Procedure s
957 (2d Ed.1913).”
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=333&page=257
Other Readings:
H.N.
Brailsford, The Levellers and
the English Revolution, Spokesman, Nottingham,
1983.
Joseph
Frank, The Levellers; a history of the writings of three
seventeenth-century
social democrats: John Lilburne, Richard Overton and William Walwyn,
Russell & Russell,
New York, 1969.
Samuel
R. Gardiner, The History of
the Great Civil War: 1642–1649, Longmans, Green and Co., London, 1891.
Mildred
Ann Gibb, John Lilburne, the Leveller, a Christian
Democrat, L. Drummond, London,
1947.
Pauline
Gregg, Free-born John,
Phoenix Press, London,
2000.
Roderick
Moore, The Levellers: A
Chronology and Bibliography, Study Guide No.4, Libertarian Alliance, London.
A.L.
Morton (editor), Freedom in
Arms: A Selection of Leveller Writings, Lawrence
and Wishart, London, 1975.
Dianne
Purkiss, The English Civil
War: A People's History, Harper Perennial, London, 2007.
Nicholas
Reed, John Lilburne:
Campaigner for Democracy, Lilburne Press, Folkestone, 2004.
Andrew
Sharp ed., The English Levellers, Cambridge University
Press, Cambridge,
1988.
David
Starkey, Monarchy: From the
Middle Ages to Modernity, Harper Press, London, 2006.
A.S.P.
Woodhouse (editor), Puritanism
and Liberty, J. M. Dent and Sons Ltd, London, 1938.
Austin
Woolrych, Britain
in Revolution: 1625–1660, Oxford
University
Press, Oxford,
2002.
Signature
of John Lilburne: "John
Lilburne his booke" inscribed on a fragment
of printed waste bound as a fly-leaf in a volume of eleven
tracts. These concern the radical Leveller leader's imprisonment,
firstly
in Newgate, and then in the Tower of London,
in 1646 for
producing tracts attacking the House of Lords, one of which, The
freemans
freedome vindicated, appears in this collection.
St. Johns College, University of Cambridge. http://www.joh.cam.ac.uk/library/special_collections/early_books/pix/provenance/lilburne/lilburne.htm
|