good cause in which they had originally embarked. By the latter Lilburne was revered as an apostle and a martyr; they read with avidity the publications which repeatedly issued from his cell; and they condemned as persecutors and tyrants the men who had immured him and his companions in the Tower. Preparations had been made[a] to bring them to trial as the authors of the late mutiny; but, on more mature deliberation, the project was abandoned, and an act was passed making it treason to assert that the government was tyrannical, usurped, or unlawful. No enactments, however, could check the hostility of Lilburne; and a new pamphlet from his pen,[c] in vindication of "The Legal Fundamental Liberties of the People," put to the test the resolution of his opponents. They shrunk from the struggle; it was judged more prudent to forgive, or more dignified to despise, his efforts; and, on his petition for leave to visit his sick family, he obtained his discharge.[1]
But this lenity made no impression on his mind. In the course of six weeks he published[d] two more offensive tracts, and distributed them among the soldiery. A new mutiny broke out at Oxford; its speedy suppression emboldened the council; the demagogue was reconducted[e] to his cell in the Tower; and Keble, with forty other commissioners, was appointed[f] to try him for his last offence on the recent statute of treasons. It may, perhaps, be deemed a weakness in Lilburne that he now offered[g] on certain conditions to transport himself to America; but he redeemed his character, as soon as he was placed at the bar. He repelled with scorn the charges of the
[Footnote 1: Journals, 1649, April 11, May 12, July 18. Council Book May 2.
Whitelock, 414.]
[Sidenote a: A.D. 1649. April 11.]
[Sidenote b: A.D. 1649. May 12.]
[Sidenote c: A.D. 1649. June 8.]
[Sidenote d: A.D. 1649. July 18.]
[Sidenote e: A.D. 1649. Sept. 6.]
[Sidenote f: A.D. 1649. Sept. 14.]
[Sidenote g: A.D. 1649. Oct. 24.]
prosecutors and the taunts of the court, electrified the audience by frequent appeals to Magna Charta and the liberties of Englishmen, and stoutly maintained the doctrine that the jury had a right to judge of the law as well as of the fact. It was in vain that the court pronounced this opinion "the most damnable heresy ever broached in the land," and that the government employed all its influence to win or intimidate the jurors; after a trial of three days, Lilburne, obtained a verdict of acquittal.[1]
Whether after his liberation[a] any secret compromise took place is uncertain. He subscribed the engagement, and, though he openly explained it in a sense conformable to his own principles, yet the parliament made to him out of the forfeited lands of the deans and chapters the grant of a valuable estate, as a compensation for the cruel treatment which he had formerly suffered from the court of the Star-Chamber.[2] Their bounty, however, wrought no change in his character. He was still the indomitable denouncer of oppression wherever he found it, and before the end of the next year he drew upon himself the vengeance of the men in power, by the distribution[c] of a pamphlet which charged Sir Arthur Hazlerig and the commissioners at Haberdashers'-hall with injustice and tyranny. This by the house was voted a breach of privilege, and the offender was condemned[d] in a fine of seven thousand pounds with banishment for life. Probably the court of Star-chamber never pronounced a judgment in which the punishment was more disproportionate to the offence. But his former enemies sought
[Footnote 1: Journals, 1649, Sept 11, Oct. 30. Whitelock, 424, 425. State
Trials, ii. 151.]
[Footnote 2: Whitelock, 436. Journ. 1650, July 16, 30.]
[Sidenote a: A.D. 1649. Dec. 29.]
[Sidenote b: A.D. 1650. July 30.]
[Sidenote c: A.D. 1651. Dec. 22.]
[Sidenote d: A.D. 1652. Jan. 15.]
not justice on the culprit, but security to themselves. They seized the opportunity of freeing the government from the presence of a man whom they had so long feared; and, as he refused to kneel at the bar while judgment was pronounced, they embodied the vote in an act of parliament. To save his life, Lilburne submitted; but his residence on the continent was short: the reader will soon meet with him again in England.[1]