John Lilburne
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John Lilburne (c. 161429 August 1657), also known as Freeborn John, was an
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
political Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
Leveller The Levellers were a political movement active during the Wars of the Three Kingdoms who were committed to popular sovereignty, extended suffrage, equality before the law and religious tolerance. The hallmark of Leveller thought was its popul ...
before, during and after the
English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of re ...
s 1642–1650. He coined the term "'' freeborn rights''", defining them as
rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
with which every human being is born, as opposed to rights bestowed by government or human law. In his early life he was a
Puritan The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Catholic Church, Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become m ...
, though towards the end of his life he became a
Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...
. His works have been cited in opinions by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.


Early life

John Lilburne was the son of Richard Lilburne, heir to "a modest manorial holding" at Thickley Punchardon near
Bishop Auckland Bishop Auckland () is a market town and civil parish at the confluence of the River Wear and the River Gaunless in County Durham, northern England. It is northwest of Darlington and southwest of Durham. Much of the town's early history surro ...
,
County Durham County Durham ( ), officially simply Durham,UK General Acts 1997 c. 23Lieutenancies Act 1997 Schedule 1(3). From legislation.gov.uk, retrieved 6 April 2022. is a ceremonial county in North East England.North East Assembly â€About North East E ...
, and his wife Margaret (d. 1619), daughter of Thomas Hixon. He was probably born in
Sunderland Sunderland () is a port city in Tyne and Wear, England. It is the City of Sunderland's administrative centre and in the Historic counties of England, historic county of County of Durham, Durham. The city is from Newcastle-upon-Tyne and is on t ...
, but the exact date of his birth is unknown; there is some dispute as to whether he was born in 1613, 1614, or 1615. His father, Richard Lilburne, was the last man in England to insist that he should be allowed to settle a legal dispute with a
trial by combat Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the ...
until Abraham Thornton did so in 1818. John's elder brother
Robert Lilburne Robert Lilburne (1613–1665) was an English Parliamentarian soldier, the older brother of John Lilburne, the well known Leveller. Unlike his brother, who severed his relationship with Oliver Cromwell, Robert Lilburne remained in the army. He i ...
also later became active in the Parliamentary cause but seems not to have shared John's Leveller beliefs. By his own account Lilburne received the first ten years of his education in
Newcastle Newcastle usually refers to: *Newcastle upon Tyne, a city and metropolitan borough in Tyne and Wear, England *Newcastle-under-Lyme, a town in Staffordshire, England *Newcastle, New South Wales, a metropolitan area in Australia, named after Newcastle ...
, almost certainly at the Royal Free Grammar School.Alan Myers
John Lilburne (c. 1614–1657)www.myersnorth.co.uk
Retrieved 2008-12-10
He also had some schooling in
Bishop Auckland Bishop Auckland () is a market town and civil parish at the confluence of the River Wear and the River Gaunless in County Durham, northern England. It is northwest of Darlington and southwest of Durham. Much of the town's early history surro ...
. In the 1630s, he was apprenticed to
John Hewson John Robert Hewson AM (born 28 October 1946) is an Australian former politician who served as leader of the Liberal Party from 1990 to 1994. He led the Liberal-National Coalition to defeat at the 1993 Australian federal election. Hewson was ...
, who introduced him to the Puritan physician
John Bastwick John Bastwick (1593–1654) was an English Puritan physician and controversial writer. Early life He was born at Writtle, Essex. He entered Emmanuel College, Cambridge, on 19 May 1614, but remained there only a very short time, and left the unive ...
, an active pamphleteer against
Episcopacy A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
who was prosecuted by Archbishop
William Laud William Laud (; 7 October 1573 – 10 January 1645) was a bishop in the Church of England. Appointed Archbishop of Canterbury by Charles I in 1633, Laud was a key advocate of Charles I's religious reforms, he was arrested by Parliament in 1640 ...
. Lilburne's connection with Bastwick, whose "Litany" he had a hand in printing, obliged him to flee to the Netherlands.


"Freeborn John"

On his return from Holland, Lilburne was arrested (11 December 1637) for printing and circulating unlicensed books, particularly
William Prynne William Prynne (1600 – 24 October 1669), an English lawyer, voluble author, polemicist and political figure, was a prominent Puritan opponent of church policy under William Laud, Archbishop of Canterbury (1633–1645). His views were presbyter ...
's ''News from Ipswich'', that were not licensed by the
Stationers' Company The Worshipful Company of Stationers and Newspaper Makers (until 1937 the Worshipful Company of Stationers), usually known as the Stationers' Company, is one of the livery companies of the City of London. The Stationers' Company was formed in ...
. At that time all printing presses and publications were required to be licensed, and publishers were liable to the
Court of High Commission The Court of High Commission was the supreme ecclesiastical court in England. Some of its powers was to take action against conspiracies, plays, tales, contempts, false rumors, books. It was instituted by the Crown in 1559 to enforce the Act of U ...
.americanvision.org: "Understanding judicial tyranny: groundwork for going forward"
americanvision.org. 21 July 2015.
Upon his arrest on information from a Stationers' Company informant, Lilburne was brought before the
Court of Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
. Instead of being charged with an offence, he was asked how he pleaded. In his examinations he refused to take the oath known as the ''ex officio'' oath (on the grounds that he was not bound to incriminate himself), and thus called into question the court's usual procedure. As he persisted in his contumacy, he was sentenced on 13 February 1638 to be fined £500, whipped,
pilloried The pillory is a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse. The pillory is related to the stoc ...
, and imprisoned till he obeyed. On 18 April 1638, Lilburne was flogged with a three-thonged whip on his bare back, as he was dragged by his hands tied to the rear of an ox cart from Fleet Prison to the
pillory The pillory is a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse. The pillory is related to the stocks ...
at
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
. He was then forced to stoop in the pillory, where he still managed to campaign against his
censors Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
while distributing more unlicensed literature to the crowds. He was then gagged. Finally he was taken back to the court and again imprisoned. During his imprisonment in Fleet he was cruelly treated. While in prison, however, he managed to write and to get printed in 1638 an account of his own punishment styled ''The Work of the Beast'', and in 1639 an apology entitled ''Come out of her, my people'' for separation from the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
. Upon his release, Lilburne married Elizabeth Dewell (a London merchant's daughter) in September 1641. Lilburne's agitation continued: the same year he led a group of armed citizens against a group of Royalist officers, who retreated. That was the first in a long series of trials that lasted throughout his life for what John Lilburne called his " freeborn rights", including the right to hear the accusation, the right to face one's accusers, and the right to avoid self-incrimination. As a result of these trials a growing number of supporters began to call him "Freeborn John" and even struck a medal in his honour to that effect. It is this trial that has been cited by constitutional jurists and scholars in the United States of America as being one of the historical foundations of the
Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
. It is also cited within the 1966 majority opinion of ''
Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...
'' by the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.


English Civil War

In the
First English Civil War The First English Civil War took place in England and Wales from 1642 to 1646, and forms part of the 1639 to 1653 Wars of the Three Kingdoms. They include the Bishops' Wars, the Irish Confederate Wars, the Second English Civil War, the Anglo ...
he enlisted as a captain in Lord Brooke's regiment of foot in the Parliamentary army commanded by the
Earl of Essex Earl of Essex is a title in the Peerage of England which was first created in the 12th century by King Stephen of England. The title has been recreated eight times from its original inception, beginning with a new first Earl upon each new cre ...
and fought at the
Battle of Edgehill The Battle of Edgehill (or Edge Hill) was a pitched battle of the First English Civil War. It was fought near Edge Hill and Kineton in southern Warwickshire on Sunday, 23 October 1642. All attempts at constitutional compromise between K ...
. He was a member of the Parliament's garrison at
Brentford Brentford is a suburban town in West London, England and part of the London Borough of Hounslow. It lies at the confluence of the River Brent and the Thames, west of Charing Cross. Its economy has diverse company headquarters buildings whi ...
against
Prince Rupert Prince Rupert of the Rhine, Duke of Cumberland, (17 December 1619 (O.S.) / 27 December (N.S.) – 29 November 1682 (O.S.)) was an English army officer, admiral, scientist and colonial governor. He first came to prominence as a Royalist cavalr ...
during the Battle of Brentford that took place on 12 November 1642 as the Royalists advanced on London and, after trying to escape by jumping in the Thames, was taken as a prisoner to
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. The Royalists planned to try Lilburne, as the first prominent
Roundhead Roundheads were the supporters of the Parliament of England during the English Civil War (1642–1651). Also known as Parliamentarians, they fought against King Charles I of England and his supporters, known as the Cavaliers or Royalists, who ...
captured in the war, for high treason. But when Parliament threatened to execute Royalist prisoners in reprisal (see the
Declaration of Lex Talionis Early in the First English Civil War the Long Parliament threatened to retaliate in kind if the Royalists tried and executed John Lilburne and two other Parliamentary offices for treason. Lilburne later described this as the declaration of Lex Tal ...
), Lilburne was exchanged for a Royalist officer. He then joined the
Eastern Association The Eastern Association of counties was an administrative organisation set up by Parliament in the early years of the First English Civil War. Its main function was to finance and support an army which became a mainstay of the Parliamentarian mi ...
under the command of the
Earl of Manchester Duke of Manchester is a title in the Peerage of Great Britain, and the current senior title of the House of Montagu. It was created in 1719 for the politician Charles Montagu, 4th Earl of Manchester. Manchester Parish in Jamaica was named afte ...
as a volunteer at the siege of Lincoln, and on 7 October 1643 he was commissioned as a major in Colonel King's regiment of foot. On 16 May 1644 he was transferred to Manchester's own dragoons with the rank of lieutenant-colonel. He became friends with
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English politician and military officer who is widely regarded as one of the most important statesmen in English history. He came to prominence during the 1639 to 1651 Wars of the Three Ki ...
, who was second in command, supporting him in his disputes with Manchester. He fought with distinction at the
Battle of Marston Moor The Battle of Marston Moor was fought on 2 July 1644, during the Wars of the Three Kingdoms of 1639 – 1653. The combined forces of the English Parliamentarians under Lord Fairfax and the Earl of Manchester and the Scottish Covenanters und ...
in 1644. Shortly afterwards he asked permission to attack the Royalist stronghold at
Tickhill Castle Tickhill Castle was a castle in Tickhill, on the Nottingham/Yorkshire West Riding border, England and a prominent stronghold during the reign of King John. Early history The gatehouse range, seen from the bailey The castle started as an 11th-c ...
, because he had heard it was willing to surrender. Manchester refused, dismissing him as a madman. Taking that as a yes, he went and took the castle without a shot being fired. In April 1645, Lilburne resigned from the army, because he refused to sign the Presbyterian
Solemn League and Covenant The Solemn League and Covenant was an agreement between the Scottish Covenanters and the leaders of the English Parliamentarians in 1643 during the First English Civil War, a theatre of conflict in the Wars of the Three Kingdoms. On 17 August 1 ...
, on the grounds that the covenant deprived those who might swear it of freedom of religion, namely members of the parliamentary army. Lilburne argued that he had been fighting for this Liberty among others. This was practically a treaty between
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
for the preservation of the reformed religion in Scotland, the reformation of religion in England and Ireland "according to the word of God and the example of the best reformed churches", and the "extirpation of
popery The words Popery (adjective Popish) and Papism (adjective Papist, also used to refer to an individual) are mainly historical pejorative words in the English language for Roman Catholicism, once frequently used by Protestants and Eastern Orthodox ...
nd
prelacy A prelate () is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which means 'carry before', 'be set above or over' or 'pref ...
". The Scots, he maintained, were free to believe as they saw fit but not to bind anyone to the same faith if they did not share it. The historian C.H. Firth opined that Lilburne had gained a great reputation for courage and seems to have been a good officer, but his military career was unlucky. He spent about six months in prison at Oxford, was plundered of all he had at Rupert's relief of Newark (22 March 1644), was shot through the arm at the taking of Walton Hall, near Wakefield (3 June 1644), and received very little pay. His arrears when he left the service amounted to £880. He also succeeded in quarrelling, first with Colonel King and then with the Earl of Manchester, both of whom he regarded as lukewarm, incapable, and treacherous. He did his best to get King cashiered, and was one of the authors of the charge of high treason against him, which was presented to the House of Commons by some of the committee of Lincoln in August 1644. The dispute with Manchester was due to Lilburne's summoning and capturing Tickhill Castle against Manchester's orders, and Lilburne was one of Cromwell's witnesses in his charge against Manchester.


Quarrels with William Prynne

Besides the feuds he had with officers in the army, Lilburne soon engaged in a quarrel with
William Prynne William Prynne (1600 – 24 October 1669), an English lawyer, voluble author, polemicist and political figure, was a prominent Puritan opponent of church policy under William Laud, Archbishop of Canterbury (1633–1645). His views were presbyter ...
. On 7 January 1645 he addressed a letter to Prynne, attacking the intolerance of the
Presbyterians Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their nam ...
, and claiming freedom of conscience and freedom of speech for the independents, Prynne, bitterly incensed, procured a vote of the Commons summoning Lilburne before the committee for examinations (17 January 1645). When he appeared (17 May 1645) the committee discharged him with a caution. A second time (18 June 1645) Prynne caused Lilburne to be brought before the same committee, on a charge of publishing unlicensed pamphlets, but he was again dismissed unpunished. Prynne vented his malice in a couple of pamphlets: ''A Fresh Discovery of prodigious Wandering: Stars and Firebrands'', and ''The Liar Confounded'', to which Lilburne replied in ''Innocency and Truth Justified'' (1645). Dr.
John Bastwick John Bastwick (1593–1654) was an English Puritan physician and controversial writer. Early life He was born at Writtle, Essex. He entered Emmanuel College, Cambridge, on 19 May 1614, but remained there only a very short time, and left the unive ...
took a minor part in the same controversy.


Agitation

John Lilburne then began in earnest his campaign of agitation for
freeborn "Freeborn" is a term associated with political agitator John Lilburne (1614–1657), a member of the Levellers, a 17th-century English political party. As a word, "freeborn" means born free, rather than in slavery or bondage or vassalage. Lilbur ...
rights, the rights that all Englishmen are born with, which are different from privileges bestowed by a monarch or a government. He also advocated extended
suffrage Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
,
equality before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic ru ...
, and
religious tolerance Religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, mistaken, or harmful". ...
. His enemies branded him as a
Leveller The Levellers were a political movement active during the Wars of the Three Kingdoms who were committed to popular sovereignty, extended suffrage, equality before the law and religious tolerance. The hallmark of Leveller thought was its popul ...
but Lilburne responded that he was a "Leveller so-called". To him it was a pejorative label which he did not like. He called his supporters "Agitators". It was feared that "Levellers" wanted to level property rights, but Lilburne wanted to level human basic rights which he called ''" freeborn rights"''. At the same time that John Lilburne began his campaign, another group led by
Gerrard Winstanley Gerrard Winstanley (19 October 1609 â€“ 10 September 1676) was an English Protestant religious reformer, political philosopher, and activist during the period of the Commonwealth of England. Winstanley was the leader and one of the founde ...
styling themselves ''True Levellers'' (that became known as
Diggers The Diggers were a group of religious and political dissidents in England, associated with agrarian socialism. Gerrard Winstanley and William Everard, amongst many others, were known as True Levellers in 1649, in reference to their split from ...
), advocated equality in property as well as political rights.


Putney Debates

Lilburne was imprisoned from July to October 1645 for denouncing
Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
who lived in comfort while the common soldiers fought and died for the
Parliamentary A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...
cause. It was while he was incarcerated that he wrote his
tract Tract may refer to: Geography and real estate * Housing tract, an area of land that is subdivided into smaller individual lots * Land lot or tract, a section of land * Census tract, a geographic region defined for the purpose of taking a census ...
, ''England's Birthright Justified''. In July 1646, he was imprisoned in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is separa ...
for denouncing his former commander the Earl of Manchester as a
traitor Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
and
Royalist A royalist supports a particular monarch as head of state for a particular kingdom, or of a particular dynastic claim. In the abstract, this position is royalism. It is distinct from monarchism, which advocates a monarchical system of governme ...
sympathiser. It was the campaign to free him from prison which spawned the political party called the
Levellers The Levellers were a political movement active during the Wars of the Three Kingdoms who were committed to popular sovereignty, extended suffrage, equality before the law and religious tolerance. The hallmark of Leveller thought was its populis ...
. Lilburne called them "''Levellers so-called''" because he viewed himself as an agitator for freeborn rights. The Levellers had a strong following in the
New Model Army The New Model Army was a standing army formed in 1645 by the Parliamentarians during the First English Civil War, then disbanded after the Stuart Restoration in 1660. It differed from other armies employed in the 1639 to 1653 Wars of the Th ...
with whom his work was influential. When the army held the
Putney Debates The Putney Debates, which took place from 28 October to 8 November 1647, were a series of discussions over the political settlement that should follow Parliament's victory over Charles I in the First English Civil War. The main participants were ...
between 28 October and 11 November 1647, the debate centred upon a pamphlet influenced by the writings of John Lilburne called '' An Agreement of the People for a firm and present peace upon grounds of common right''.The Agreement of the People
as presented to the Council of the Army October 1647


Written constitution

Lilburne was instrumental in the writing of two more editions of this famous document. The second, '' An Agreement of the People of England, and the places therewith incorporated, for a secure and present peace, upon grounds of common right, freedom and safety'', was presented to
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
on 11 September 1648 after amassing signatories including about a third of all Londoners. Following the defeat of the Royalists and the abolition of the monarchy and
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
, England became a
commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
in 1649 with the
regicide Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
of
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
. It was while he was in the Tower of London that John Lilburne,
William Walwyn William Walwyn (''bap.'' 1600–1681) was an English pamphleteer, a Leveller and a medical practitioner. Life Walwyn was a silkman in London who took the parliamentary side in the English Civil War. He advocated religious toleration and emerged a ...
, Thomas Prince and Richard Overton wrote the third edition of '' An Agreement of the Free People of England. Tendered as a Peace-Offering to this distressed Nation''. They hoped that this document would be signed like a referendum so that it would become a written constitution for the Commonwealth of England. The late United States Supreme Court Justice
Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A ...
, who often cited the works of John Lilburne in his opinions, wrote in an article for ''
Encyclopædia Britannica The (Latin for "British Encyclopædia") is a general knowledge English-language encyclopaedia. It is published by Encyclopædia Britannica, Inc.; the company has existed since the 18th century, although it has changed ownership various time ...
'' that he believed John Lilburne's constitutional work of 1649 was the basis for the basic rights contained in the
US Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
and
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
.


On trial for high treason

When
Hugh Peters Hugh Peter (or Peters) (baptized 29 June 1598 – 16 October 1660) was an English preacher, political advisor and soldier who supported the Parliamentary cause during the English Civil War, and became highly influential. He employed a flamboyant ...
visited John Lilburne in the Tower on 25 May 1649, Lilburne told him that he would rather have had seven years under the late king's rule than one under the present regime, and that in his opinion if the current regime remained as tyrannical as it was, then people would be prepared to fight for "Prince Charles". Three months later in ''Outcry of the Apprentices to the Soldiers'' Lilburne stated that apprentices and soldiers fought to maintain the fundamental constitution of the Commonwealth and rights of the people in their Parliaments by regulating
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
not against the person of the King. There had been rumours after the
Broadway meeting An unauthorised meeting was held at Broadway in Worcestershire in January 1648, by about 80 officers from four or five Parliamentary regiments.Another primary source "Rushworth's Collections Part IV Vol.2 (Vol. 7page 1012" contradicts the first r ...
of January 1648, that Levellers were conspiring with Royalists to overthrow the new republic. During the
Oxford mutiny Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the Un ...
this was confirmed when Parliament acquired a letter from a Royalist prisoner in the Tower of London to
Lord Cottington Francis Cottington, 1st Baron Cottington (c. 15791652) was the English lord treasurer and ambassador and leader of the pro-Spanish, pro-Roman Catholic faction in the court of Charles I. Early life He was the fourth son of Philip Cottington of G ...
, an advisor in exile with Charles II in France, which suggested that the Royalists should finance the Levellers, as a method by which Charles could be restored to the throne. Armed with this evidence parliament published a long declaration against the Levellers and passed a motion to try Lilburne for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, using a court similar to that which had tried Charles I. As in the trial of the King, sentence would be passed by appointed commissioners (forty for Lilburne's trial), but unlike in the case of the King (who had no peers) a jury of 12 would decide Lilburne's guilt or innocence. The trial took place in the
London Guildhall Guildhall is a municipal building in the Moorgate area of the City of London, England. It is off Gresham and Basinghall streets, in the wards of Bassishaw and Cheap. The building has been used as a town hall for several hundred years, and i ...
. It started on 24 October 1649, and lasted two days. When the jury found him not guilty, the public shouted their approval so loudly and for so long that it was another half hour before the proceedings could be formally closed. Lilburne was not released immediately and was held for a further two weeks before pressure from the populace and some friends in Parliament finally secured his release. Although some members of parliament were irked at Lilburne's release, Parliament had succeeded in suppressing open Leveller dissent. The Levellers gave up all attempts to rouse the country and army to open rebellion, and started to conspire ineffectually in secret.


1649–1651

So far as politics was concerned, Lilburne for the next two years remained quiet. He was elected on 21 December 1649 a common councilman for the city of London, but on the 26th his election was declared void by Parliament, although he had taken the required oath to be faithful to the commonwealth. No disposition, however, was shown to prosecute him. On 22 December 1648 he had obtained an ordinance granting him £3,000, in compensation for his sufferings from the
Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
, the money being made payable from the forfeited estates of various Royalists in the county of Durham. As this source had proved insufficient, Lilburne, by the aid of
Marten A marten is a weasel-like mammal in the genus ''Martes'' within the subfamily Guloninae, in the family Mustelidae. They have bushy tails and large paws with partially retractile claws. The fur varies from yellowish to dark brown, depending on t ...
and Cromwell, obtained another ordinance (30 July 1650), charging the remainder of the sum on confiscated chapter-lands, and thus became owner of some of the lands of the Durham chapter. Ever since 1644, when he found himself prevented by the monopoly of the merchant adventurers from entering the cloth trade, Lilburne had advocated the release of trade from the restrictions of chartered companies and monopolists. He now took up the case of the soap-makers, and wrote petitions for them demanding the abolition of the excise on soap, and apparently became a soap manufacturer himself. The tenants of the manor of Epworth held themselves wronged by enclosures which had taken place under the schemes for draining Hatfield Chase and the
Isle of Axholme The Isle of Axholme is a geographical area in England: a part of North Lincolnshire that adjoins South Yorkshire. It is located between the towns of Scunthorpe and Gainsborough, both of which are in the traditional West Riding of Lindsey, and D ...
. Lilburne took up their cause, assisted by his friend,
John Wildman John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second E ...
, and headed a riot (19 October 1650), by means of which the commoners sought to obtain possession of the disputed lands. His zeal was not entirely disinterested, as he was to have two thousand acres for himself and Wildman if the claimants succeeded. John Morris, ''alias'' Poyntz, complained of being swindled out of some properties by potent enemies, with the assistance of John Browne, late clerk to the House of Lords. Lilburne, who had exerted himself on behalf of Morris as far back as 1648, now actively took up his cause again. Much more serious in its consequences was Lilburne's adoption of the quarrel of his uncle, George Lilburne, with Sir
Arthur Hesilrige Sir Arthur Haselrig, 2nd Baronet (1601 – 7 January 1661) was a leader of the Parliamentary opposition to Charles I and one of the Five Members whose attempted arrest sparked the 1642–1646 First English Civil War. He held various military an ...
. In 1649, Lilburne had published a violent attack on Hesilrige, whom he accused of obstructing the payment of the money granted him by the parliamentary ordinance of 28 December 1648. George Lilburne's quarrel with Hesilrige was caused by a dispute about the possession of certain collieries in Durham—also originally the property of Royalist delinquents— from which he had been ejected by Hesilrige in 1649. In 1651 the committee for compounding delinquents' estates had confirmed Hesilrige's decision. John Lilburne intervened with a violent attack on Hesilrige and the committee, terming them "unjust and unworthy men, fit to be spewed out of all human society, and deserving worse than to be hanged". He next joined with Josiah Primat—the person from whom George Lilburne asserted that he had bought the collieries—and presented to parliament, on 23 December 1651, a petition repeating; and specifying the charges against Hesilrige. Parliament thereupon appointed a committee of fifty members to examine witnesses and documents; who reported on 16 Jan. 1652, that the petition was "false, malicious, and scandalous". Lilburne was sentenced to pay a fine of £3,000 to the state, damages of £2,000 to Hesilrige, and £500 apiece to four members of the
Committee for Compounding with Delinquents In 1643, near the start of the English Civil War, Parliament set up two committees the Sequestration Committee which confiscated the estates of the Royalists who fought against Parliament, and the Committee for Compounding with Delinquents which a ...
. In addition John Lilburne was sentenced to be banished for life, and an Act of Parliament for that purpose was passed on 30 January 1652.


Exile in the Netherlands

Lilburne spent his exile in the Netherlands at Bruges and elsewhere, where he published a vindication of himself, and an attack on the government. In his hostility to the army leaders Lilburne had often contrasted the present governors unfavourably with Charles I. Now he frequented the society of cavaliers of note, such Lords Hopton, Colepeper, and
Percy The English surname Percy is of Norman origin, coming from Normandy to England, United Kingdom. It was from the House of Percy, Norman lords of Northumberland, derives from the village of Percy-en-Auge in Normandy. From there, it came into use ...
. If he were furnished with ten thousand pounds, he undertook to overthrow Cromwell, the Parliament, and the
Council of State A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
, within six months. "I know not," he was heard to say, "why I should not vye with Cromwell, since I had once as great a power as he had, and greater too, and am as good a gentleman". But with the exception of the
Duke of Buckingham Duke of Buckingham held with Duke of Chandos, referring to Buckingham, is a title that has been created several times in the peerages of England, Great Britain, and the United Kingdom. There have also been earls and marquesses of Buckingham. ...
, none of the royalists placed any confidence in him.


Return, trial and imprisonment

The news of the expulsion of the Rump in April 1653 excited Lilburne's hopes of returning to England. Counting on Cromwell's placid disposition, he boldly applied to him for a pass to return to England, and, when it was not granted, came over without one on 14 June. The government at once arrested him, and lodged him in Newgate, whence he continued to importune Cromwell for his protection, and to promise to live quietly if he might stay in England. His trial began at the Old Bailey on 13 July, and concluded with his acquittal on 20 August. As usual Lilburne contested every step with the greatest pertinacity. "He performed the great feat which no one else ever achieved, of extorting from the court a copy of his indictment, in order that he might put it before counsel, and be instructed as to the objections he might take against it". Throughout the trial popular sympathy was on his side. Petitions on his behalf were presented to parliament, so strongly worded that the petitioners were committed to prison. Crowds flocked to see him tried; threats of a rescue were freely uttered; and tickets were circulated with the legend: The government filled London with troops, but in spite of their officers, the soldiers shouted and sounded their trumpets when they heard that Lilburne was acquitted. Such was his popularity that two medals were struck in celebration of his acquittal. The government, however, declined to leave Lilburne at large. The jurymen were summoned before the Council of State, and the Council of State was ordered to secure Lilburne. On 28 August he was transferred from
Newgate Prison Newgate Prison was a prison at the corner of Newgate Street and Old Bailey Street just inside the City of London, England, originally at the site of Newgate, a gate in the Roman London Wall. Built in the 12th century and demolished in 1904, t ...
to the Tower of London, and the Lieutenant of the Tower was instructed by parliament to refuse obedience to any writ of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
. On 16 March 1654, the Council ordered that he should be removed to Mount Orgueil Castle, Jersey. Colonel Robert Gibbon, the governor, complained that he gave more trouble than ten cavaliers. The Protector offered Lilburne his liberty if he declined to act against the government, but he answered that he would own no way for his liberty but the way of the law. Lilburne's health suffered from his confinement, and in 1654 his death was reported and described. His wife and father petitioned for his release, and in October 1655 he was brought back to England and lodged in
Dover Castle Dover Castle is a medieval castle in Dover, Kent, England and is Grade I listed. It was founded in the 11th century and has been described as the "Key to England" due to its defensive significance throughout history. Some sources say it is the ...
.


Quakerism and death

In 1656, he was allowed to leave Dover Castle during the daytime to visit his wife and children, who had settled in Dover. It was here that Lilburne met Luke Howard, a
Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...
whose serenity impressed him and began the process of his own conversion. Lilburne declared himself a convert to the tenets of the Quakers, and announced his conversion in a letter to his wife. General Fleetwood showed a copy of this letter to the Protector, who was at first inclined to regard it merely as a politic device to escape imprisonment. When Cromwell was convinced that Lilburne really intended to live peaceably, he released him on parole from prison, and seems to have continued till his death the pension of 40''s''. a week allowed him for his maintenance during his imprisonment. Later he was permitted to stay away from prison for several days at a time and took to visiting Quaker congregations in Kent. In the summer of 1657, while visiting his wife, who was expecting their tenth child, Lilburne died at Eltham 29 August 1657, and was buried at Moorfields, "in the new churchyard adjoining to Bedlam". On 21 January 1659 Elizabeth Lilburne petitioned
Richard Cromwell Richard Cromwell (4 October 162612 July 1712) was an English statesman who was the second and last Lord Protector of the Commonwealth of England, Scotland and Ireland and son of the first Lord Protector, Oliver Cromwell. On his father's death ...
for the discharge of the fine imposed on her husband by the act of 30 Jan. 1652, and her request was granted. Parliament on a similar petition recommended the repealing of the act, and the recommendation was carried by the restored Long Parliament on 15 August 1659.


Family

Lilburne married Elizabeth, daughter of Henry Dewell. During his imprisonment in 1649 he lost two sons, but a daughter and other children survived him.


Importance

Charles Harding Firth Sir Charles Harding Firth (16 March 1857 – 19 February 1936) was a British historian. He was one of the founders of the Historical Association in 1906. Career Born in Sheffield, Firth was educated at Clifton College and at Balliol College, O ...
, writing in the ''
Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'', considered Lilburne's political importance easy to explain: In a revolution where others argued about the respective rights of King and Parliament, he spoke always of the rights of the people. His dauntless courage and his powers of speech made him the idol of the people. With Coke's "Institutes" in his hand he was willing to tackle any tribunal. He was ready to assail any abuse at any cost to himself, but his passionate egotism made him a dangerous champion, and he continually sacrificed public causes to personal resentments. It would be unjust to deny that he had a real sympathy with sufferers from oppression or misfortune; even when he was himself an exile he could interest himself in the distresses of English prisoners of war, and exert the remains of his influence to get them relieved. In his controversies he was credulous, careless about the truth of his charges, and insatiably vindictive. He attacked in turn all constituted authorities—lords, commons, council of state, and council of officers—and quarrelsome though he was, it is fair to note that he never fell out with his closer comrades, Walwyn and Overton. A life of Lilburne published in 1657 supplies this epitaph:


Images

There are the following contemporary portraits of Lilburne: # an oval, by G. Glover, prefixed to 'The Christian Man's Trial.' 1641. # the same portrait republished in 1646, with prison bars across the face to represent Lilburne's imprisonment. # a full-length representing Lilburne' pleading at the bar with Coke's 'Institutes' in his hand; prefixed to 'The Trial of Lieut.-col. John Lilburne, by Theodorus Varax,' 1649.


Bibliography

A bibliographical list of Lilburne's pamphlets compiled by Edward Peacock is printed in ''
Notes and Queries ''Notes and Queries'', also styled ''Notes & Queries'', is a long-running quarterly scholarly journal that publishes short articles related to " English language and literature, lexicography, history, and scholarly antiquarianism".From the inne ...
'' for 1898. Most of them contain autobiographical matter.


Fictional portrayal

Lilburne was portrayed by
Tom Goodman-Hill Tom Goodman-Hill is an English actor of film, television, theatre and radio. Early life Brought up near Newcastle upon Tyne, he qualified as a teacher before turning to acting. During his time in Newcastle, he regularly acted in amateur perform ...
in the 2008 television drama ''
The Devil's Whore ''The Devil's Whore'' (released as ''The Devil's Mistress'' in North America) is a four-part television series set during the English Civil War, produced by Company Pictures for Channel 4 in 2008. It is about the adventures of the fictional Ang ...
''. In this fictional work, Lilburne is shown to have died in prison while being visited by his wife, Elizabeth. He was also played by
Michael Pennington Michael Vivian Fyfe Pennington (born 7 June 1943) is a British actor, director and writer. Together with director Michael Bogdanov, he founded the English Shakespeare Company in 1986 and was its Joint Artistic Director until 1992. He has writt ...
in the 1981 television play ''A Last Visitor for Mr.
Hugh Peter Hugh Peter (or Peters) (baptized 29 June 1598 – 16 October 1660) was an English preacher, political advisor and soldier who supported the Parliamentary cause during the English Civil War, and became highly influential. He employed a flamboyant ...
'', and by
Gerald Kyd Gerald Kyd (born Gerasimos Avvakoumides in 1973 in Pretoria, South Africa) is a half-Greek, half-Scottish actor. Kyd starred as Sean Maddox in the BBC medical drama ''Casualty'' from 1998 until 2000. He later reprised the role for a few episo ...
in the 2012 premiere of the play ''
55 Days ''55 Days'' is an English history play by Howard Brenton, centred on the 1649 trial and execution of Charles I of England following the English Civil War. It premiered at the Hampstead Theatre from 18 October to 24 November 2012, in a production d ...
''. Lt-Colonel John Lilburne has a regiment in his honour in the Sealed Knot Society (which re-enacts historical battles). In 1997 the singer-songwriter Rev Hammer released a
concept album A concept album is an album whose tracks hold a larger purpose or meaning collectively than they do individually. This is typically achieved through a single central narrative or theme, which can be instrumental, compositional, or lyrical. Som ...
Called "Freeborn John" telling John Lilburne's story. The album featured musical and vocal contributions from
Maddy Prior Madelaine Edith Prior MBE (born 14 August 1947) is an English folk singer, best known as the lead vocalist of Steeleye Span. She was born in Blackpool and moved to St Albans in her teens. Her father, Allan Prior, was co-creator of the police dr ...
,
Rose Kemp A rose is either a woody perennial flowering plant of the genus ''Rosa'' (), in the family Rosaceae (), or the flower it bears. There are over three hundred species and tens of thousands of cultivars. They form a group of plants that can be e ...
,
Eddi Reader Sadenia "Eddi" Reader MBE (born 29 August 1959) is a Scottish singer-songwriter, known for her work as frontwoman of Fairground Attraction and for an enduring solo career. She is the recipient of three BRIT Awards. In 2003, she showcased the wo ...
, Rory McLeod, members of
The Levellers The Levellers were a political movement active during the Wars of the Three Kingdoms who were committed to popular sovereignty, extended suffrage, equality before the law and religious tolerance. The hallmark of Leveller thought was its popul ...
,and
Justin Sullivan Justin Edward Sullivan (born 8 April 1956) is an English singer, songwriter and musician. He is also the lead vocalist, guitarist and principal songwriter of English rock band New Model Army, which he formed in 1980 together with drummer Robert ...
alongside other members of
New Model Army The New Model Army was a standing army formed in 1645 by the Parliamentarians during the First English Civil War, then disbanded after the Stuart Restoration in 1660. It differed from other armies employed in the 1639 to 1653 Wars of the Th ...
.


John Lilburne Award

The
Citizens in Charge Foundation The Citizens in Charge Foundation (CCF) is a nonprofit organization, nonprofit, non-partisan organization that advocates in favor of direct democracy. It was founded by libertarian activist Paul Jacob who has served as its president since its foun ...
, honours a person or organization every month who stands up for initiative & referendum rights in the US.


References


Sources

* * * * * * * * Attribution * Endnotes: ** The earliest life of Liburne is ''The Self-Afflicter lively Described'', 8vo, 1657; ** The best is that contained in ''Biographia Britannica'', 1760, v. 2337–61. ** Other lives are contained in Wood's Athenæ Oxon. and Guizot's ''Portraits Politiques des Hommes des differents Partis'', 1651. ** Godwin, in his ''History of the Commonwealth'', 1824, traces Lilburne's career.


Further reading

*Braddick, Michael. ''The Common Freedom of the People: John Lilburne and the English Revolution'' (Oxford University Press, 2018). * * * * *


External links


Lt. Col. John Lilburne's Regiment of Foote
*Biography of John Lilburne, BCW Project
Biography of John Lilburne


At the Ex-Classics Web Site {{DEFAULTSORT:Lilburne, John 1614 births 1657 deaths Roundheads Levellers English Quakers Converts to Quakerism 17th-century English Puritans People educated at the Royal Grammar School, Newcastle upon Tyne Prisoners and detainees of Jersey People from Sunderland 17th-century English writers 17th-century English male writers English male writers