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LILBURNE.

2945

June, and having therein aſperſed the proceedings in law as unjuſt and tyrannical, and alſo caſt ſome reflections upon the Earl of Mancheſter^{[footnote 1]}, he was called on the 10th before the Houſe of Lords, where that Nobleman being Speaker, and examining him upon interrogatories touching the writing of the juſt mentioned book, he not only refuſed to anſwer, but proteſted againſt their juriſdiction over him in the preſent caſe, whereupon he was committed to Newgate, Whence, upon the 16th, he ſent an appeal to the Houſe of Commons, which being received there^{[sidenote 1]}, he perſevered in ſhewing the utmoſt contempt of the upper Houſe^{[footnote 2]}; for which, having been firſt committed cloſe priſoner in Newgate on the 23d, he was ſent thence to the Tower as a more ſecure cuſtody; on the 10th of July, a remonſtrance ſigned by many thouſand perſons having been preſented to the Houſe of Commons in his favour^{[footnote 3]}. In the Tower he was denied the uſe of pen,ink,

Footnotes

a ſoldier’s pure reſolution in a new and unwonted manner^{[citation 1]}.’

↑ [X] Having caſt ſome reflections upon the Earl of Mancheſter.] The offenſive words are introduced in that part of this pamphlet, where our author relates he ſeveral applications which had been made to bring Colonel King to his trial, before the Earl of Mancheſter his General and a Council of War, and particularly thoſe made to Cromwell, to uſe his intereſt with my Lord for that purpoſe: and, obſerving that they could not all prevail, he proceeds thus: ‘The reaſon of which I am not able to render, unleſſe it were that his [Cromwell’s] two chaplains, Lee and Garter, prevailed with the Earles two chaplains, Mr Aſh and Good, to caſt a Scotch-clergy miſt over their Lord’s eyes, that he ſhould not be able to ſee any deformitie in Colonel King: but this I dare confidently ſay, if there we had had faire play, and juſtice impartially, King had as ſurely died as ever malefactor in England did.’ In his petition alſo to the Houſe of Commons, annexed to this epiſtle, praying that the Colonel might be brought to his trial before them, having occaſionally mentioned the Earl of Mancheſter, he put this marginal note thereto, who was ſince impeached of treaſon by L. G. C. [Lieutenant-General Cromwell] for being falſe to his truſt, and had undoubtedly loſt his head therefore, if L. G. C. had followed it as he ſhould^{[citation 2]}. What was the conſequence of the Earl’s reſentment, and the ſurprizing confidence of our author thereupon, will fall under the next remark. At preſent, the particular deſign of this memoir leads us to view the paſſages here quoted in another light; not as they relate to the quarrel between the Earl and Lilburne, but with regard to the connexion betwen him and Cromwell. In theſe paſſages we ſee a reſentment plainly expreſſed of the latter’s behaviour, in forbearing to puſh the proſecution of Mancheſter. His accuſation of that general had been preſented to the Houſe of Commons, in November 1644, ſoon after the action at Dennington-caſtle in Berkſhre^{[citation 3]}. Upon which a Committee was appointed to examine into the Earl’s conduct, before whom Lilburne had ſwore heartily, in ſupport of the charge againſt him, incited thereto as well by his own quarrel with the Earl, on the ſcore of Colonel King, as by Cromwell’s particular inſtigation^{[citation 4]}. But after new modelling of the army, wherein Mancheſter was laid aſide, the Lieutenant-general, his proſecutor, having obtained his ends^{[citation 5]}, reſolved to give himſelf no farther trouble about the proſecution: however, conſidering Lilburne’s temper, it was neceſſary to hide that ſecret purpoſe from him, which was done ſo effectually, that no ſhadow of any ſuſpicion he had thereof ever appeared before this epiſtle to Judge Reeves. On the contrary, the abovemention’d encomiums in England’s Birth-right^{[citation 6]}, are beſtowed upon Cromwell, purely in the view of his good will to that proſecution, and in a full perſuaſion of his earneſt deſire to puſh it to a final iſſue: inſomuch, that the author makes it one of his charges againſt the Parliament, that Cromwell was ſent by them, contrary to his own inclination, firſt, to the ſiege of Taunton, and then to Windſor and elſewhere, with a particular deſign to keep him out of the way, and thereby hinder him from purſuing the upright purpoſes of his heart, either to lay Mancheſter flat upon his back, or fall himſelf in the conflict. So warmly was Lilburne at this time attached to his then unſuſpected friend: but being left by this friend in the ſuds, as he expreſſes it upon the affair of his arreſt by Colonel King abovementioned, he began to look more narrowly into his conduct; and thence were kindled thoſe ſparks of jealouſy which ſhewed themſelves firſt in the epiſtle to Judge Reeves. But we ſhall find him hereafter conſtantly ſpeaking of Cromwell as his enemy, and treating him with the genuine virulence of his pen; except in an inſtance or two, when that arch diſſembler found it neceſſary for compleating his own ends to ſhew this wayward ſpirit ſome favour; which was alſo as often repaid with ſuitable acknowledgements on his part.
↑ [Y] Perſevered in ſhewing the utmoſt contempt of the upper Houſe.] The author’s account of this whole affair is worth peruſing, as follows: ‘Judge Reeves (ſays he) being wounded within at the downright truth of my formentioned Epiſtle or Plea, that laſheth the baſe and abominable corruptions of him and the reſt of his brother judges; and finding ſomething in it that brands Mancheſter for an unjuſt man in his late generalſhip, who then was Speaker of the Houſe of Peers, away to him trudgeth the Judge in all poſt-haſte with my book, to get him by his power to be revenged of me, which he was eaſily provoked and perſuaded to; and accordingly the 10th of June, 1646, he gets an order to paſs the Lords Houſe, to ſummon me up to their bar, to anſwer to ſuch things as I ſtood charged before their Lordſhips with, concerning the writing the aforeſaid Letter or Plea; and when I came to their bar, they dealt with me like a Spaniſh Inquiſition, in examining me againſt myſelf, which forced me then at the bar to deliver in my plea in law, to prove that by the Laws of England they had no juriſdiction over Commoners to try them either for life, limb, liberty, or eſtate^{[citation 7]}, which plea and proteſtation (continues he) made them mad, and for which they ſent me to Newgate; from whence upon the 16th of June, I ſent my appeal for juſtice to the Houſe of Commons againſt them, which made the Lords madder; whereupon they, upon the 22d of June, 1646, iſſued out an order to bring me to their bar again, where, in contempt of their juriſdiction, I refuſed to kneel; for which they committed me to the keeper of Newgate, to be kept cloſe priſoner without pen, ink, or paper, the acceſſe of my wife, or any other friend, which was with rigour ſufficiently exerciſed upon me ’till the 10th of July, 1646; which day they iſſued out another order to bring me again to the bar, at which, when I came, in the height of contempt of their juriſdiction, I marched in amongſt them with my hat on, and not only refuſed to kneel at their bar, but alſo with my fingers ſtopt both my ears when they went about to read my pretended charge; for all which they fined me 4000 l. to the King, and further ſentenced me to be a priſoner ſeven years, or during their pleaſure, in the Tower of London; to be for ever diſfranchiſed of being capable to bear any office or place in military or civil government, in Church or Commonwealth^{[citation 8]}.’
↑ [Z] A remonſtrance in his favour.] Before this Remonſtrance, which threatens to break into the priſon and releaſe our priſoner by force, there is prefixed a print of our author’s head, with his face behind a croſs-barred prifon window included in an oval frame, with this inſcription thereon, Johannes Lilburne ætat. ſuæ 23, 1641. Over the frame are theſe words, The liberty of a free-born Engliſhman conferred on him by the Houſe of Lords, 1646: to which, on the right hand, is added an eſcutcheon, bearing the arms of his family, three water-budgets, with a half-moon for diſtinction of the ſecond ſon. Under the frame are the following no contemptible lines:
Gaze not upon this ſhadow that is vain,
But rather raiſe thy thoughts a higher ſtrain;
To God I mean, who ſet this young man free,
And in like ſtraight, can eke deliver thee;

Sidenotes

↑ (i i) Letter to the Council of Agitators, p. 7.

Citations

↑ (59) P. 19. This epiſtle is dated from his houſe in Half-moon alley in Petty-France, near Biſhopſgate, London, June 6, 1646.
↑ (60) Idem, p. 9 and 20.
↑ (61) Ruſhworth, Vol. II. part iii. p. 732 to 736.
↑ (62) Legal and Fundamental Liberties, p. 26. where he tells us, Cromwell firſt ſollicited his wife at London to ſend for him for this purpoſe, from the leaguer at Crowland, and afterwards by a meſſage delivered to him by his brother-in-law Deſborough, near Sir Will. Ruſſel’s in Cambridgeſhire.
↑ (63) Our author obſerves, that Oliver only impeached the Earl for this end, to get him out of his command, that ſo he might get in a friend of his own that he could rule, and it may be in time himſelf. Ibid. Ruſhworth alſo, where laſt cited, takes notice, that theſe miſcarriages in the army, and conteſts between the commauders, gave occaſion for the new modelling of the Parliament’s forces.
↑ (64) In remark [S].
↑ * This plea and proteſtation he printed in his piece intitled, The Freeman’s Freedom vindicated, p. 3. edit. 1646, not long after this impriſonment.
↑ † Legal and Fundamental Liberties, p. 25, 26.

Yea,

[8] [X] Having caſt ſome reflections upon the Earl of Mancheſter.] The offenſive words are introduced in that part of this pamphlet, where our author relates he ſeveral applications which had been made to bring Colonel King to his trial, before the Earl of Mancheſter his General and a Council of War, and particularly thoſe made to Cromwell, to uſe his intereſt with my Lord for that purpoſe: and, obſerving that they could not all prevail, he proceeds thus: ‘The reaſon of which I am not able to render, unleſſe it were that his [Cromwell’s] two chaplains, Lee and Garter, prevailed with the Earles two chaplains, Mr Aſh and Good, to caſt a Scotch-clergy miſt over their Lord’s eyes, that he ſhould not be able to ſee any deformitie in Colonel King: but this I dare confidently ſay, if there we had had faire play, and juſtice impartially, King had as ſurely died as ever malefactor in England did.’ In his petition alſo to the Houſe of Commons, annexed to this epiſtle, praying that the Colonel might be brought to his trial before them, having occaſionally mentioned the Earl of Mancheſter, he put this marginal note thereto, who was ſince impeached of treaſon by L. G. C. [Lieutenant-General Cromwell] for being falſe to his truſt, and had undoubtedly loſt his head therefore, if L. G. C. had followed it as he ſhould^{[citation 2]}. What was the conſequence of the Earl’s reſentment, and the ſurprizing confidence of our author thereupon, will fall under the next remark. At preſent, the particular deſign of this memoir leads us to view the paſſages here quoted in another light; not as they relate to the quarrel between the Earl and Lilburne, but with regard to the connexion betwen him and Cromwell. In theſe paſſages we ſee a reſentment plainly expreſſed of the latter’s behaviour, in forbearing to puſh the proſecution of Mancheſter. His accuſation of that general had been preſented to the Houſe of Commons, in November 1644, ſoon after the action at Dennington-caſtle in Berkſhre^{[citation 3]}. Upon which a Committee was appointed to examine into the Earl’s conduct, before whom Lilburne had ſwore heartily, in ſupport of the charge againſt him, incited thereto as well by his own quarrel with the Earl, on the ſcore of Colonel King, as by Cromwell’s particular inſtigation^{[citation 4]}. But after new modelling of the army, wherein Mancheſter was laid aſide, the Lieutenant-general, his proſecutor, having obtained his ends^{[citation 5]}, reſolved to give himſelf no farther trouble about the proſecution: however, conſidering Lilburne’s temper, it was neceſſary to hide that ſecret purpoſe from him, which was done ſo effectually, that no ſhadow of any ſuſpicion he had thereof ever appeared before this epiſtle to Judge Reeves. On the contrary, the abovemention’d encomiums in England’s Birth-right^{[citation 6]}, are beſtowed upon Cromwell, purely in the view of his good will to that proſecution, and in a full perſuaſion of his earneſt deſire to puſh it to a final iſſue: inſomuch, that the author makes it one of his charges againſt the Parliament, that Cromwell was ſent by them, contrary to his own inclination, firſt, to the ſiege of Taunton, and then to Windſor and elſewhere, with a particular deſign to keep him out of the way, and thereby hinder him from purſuing the upright purpoſes of his heart, either to lay Mancheſter flat upon his back, or fall himſelf in the conflict. So warmly was Lilburne at this time attached to his then unſuſpected friend: but being left by this friend in the ſuds, as he expreſſes it upon the affair of his arreſt by Colonel King abovementioned, he began to look more narrowly into his conduct; and thence were kindled thoſe ſparks of jealouſy which ſhewed themſelves firſt in the epiſtle to Judge Reeves. But we ſhall find him hereafter conſtantly ſpeaking of Cromwell as his enemy, and treating him with the genuine virulence of his pen; except in an inſtance or two, when that arch diſſembler found it neceſſary for compleating his own ends to ſhew this wayward ſpirit ſome favour; which was alſo as often repaid with ſuitable acknowledgements on his part.

[12] [Y] Perſevered in ſhewing the utmoſt contempt of the upper Houſe.] The author’s account of this whole affair is worth peruſing, as follows: ‘Judge Reeves (ſays he) being wounded within at the downright truth of my formentioned Epiſtle or Plea, that laſheth the baſe and abominable corruptions of him and the reſt of his brother judges; and finding ſomething in it that brands Mancheſter for an unjuſt man in his late generalſhip, who then was Speaker of the Houſe of Peers, away to him trudgeth the Judge in all poſt-haſte with my book, to get him by his power to be revenged of me, which he was eaſily provoked and perſuaded to; and accordingly the 10th of June, 1646, he gets an order to paſs the Lords Houſe, to ſummon me up to their bar, to anſwer to ſuch things as I ſtood charged before their Lordſhips with, concerning the writing the aforeſaid Letter or Plea; and when I came to their bar, they dealt with me like a Spaniſh Inquiſition, in examining me againſt myſelf, which forced me then at the bar to deliver in my plea in law, to prove that by the Laws of England they had no juriſdiction over Commoners to try them either for life, limb, liberty, or eſtate^{[citation 7]}, which plea and proteſtation (continues he) made them mad, and for which they ſent me to Newgate; from whence upon the 16th of June, I ſent my appeal for juſtice to the Houſe of Commons againſt them, which made the Lords madder; whereupon they, upon the 22d of June, 1646, iſſued out an order to bring me to their bar again, where, in contempt of their juriſdiction, I refuſed to kneel; for which they committed me to the keeper of Newgate, to be kept cloſe priſoner without pen, ink, or paper, the acceſſe of my wife, or any other friend, which was with rigour ſufficiently exerciſed upon me ’till the 10th of July, 1646; which day they iſſued out another order to bring me again to the bar, at which, when I came, in the height of contempt of their juriſdiction, I marched in amongſt them with my hat on, and not only refuſed to kneel at their bar, but alſo with my fingers ſtopt both my ears when they went about to read my pretended charge; for all which they fined me 4000 l. to the King, and further ſentenced me to be a priſoner ſeven years, or during their pleaſure, in the Tower of London; to be for ever diſfranchiſed of being capable to bear any office or place in military or civil government, in Church or Commonwealth^{[citation 8]}.’

[p80-13] [Z] A remonſtrance in his favour.] Before this Remonſtrance, which threatens to break into the priſon and releaſe our priſoner by force, there is prefixed a print of our author’s head, with his face behind a croſs-barred prifon window included in an oval frame, with this inſcription thereon, Johannes Lilburne ætat. ſuæ 23, 1641. Over the frame are theſe words, The liberty of a free-born Engliſhman conferred on him by the Houſe of Lords, 1646: to which, on the right hand, is added an eſcutcheon, bearing the arms of his family, three water-budgets, with a half-moon for diſtinction of the ſecond ſon. Under the frame are the following no contemptible lines:
Gaze not upon this ſhadow that is vain,
But rather raiſe thy thoughts a higher ſtrain;
To God I mean, who ſet this young man free,
And in like ſtraight, can eke deliver thee;

[9] (i i) Letter to the Council of Agitators, p. 7.

[1] (59) P. 19. This epiſtle is dated from his houſe in Half-moon alley in Petty-France, near Biſhopſgate, London, June 6, 1646.

[3] (60) Idem, p. 9 and 20.

[4] (61) Ruſhworth, Vol. II. part iii. p. 732 to 736.

[5] (62) Legal and Fundamental Liberties, p. 26. where he tells us, Cromwell firſt ſollicited his wife at London to ſend for him for this purpoſe, from the leaguer at Crowland, and afterwards by a meſſage delivered to him by his brother-in-law Deſborough, near Sir Will. Ruſſel’s in Cambridgeſhire.

[6] (63) Our author obſerves, that Oliver only impeached the Earl for this end, to get him out of his command, that ſo he might get in a friend of his own that he could rule, and it may be in time himſelf. Ibid. Ruſhworth alſo, where laſt cited, takes notice, that theſe miſcarriages in the army, and conteſts between the commauders, gave occaſion for the new modelling of the Parliament’s forces.

[7] (64) In remark [S].

[10] * This plea and proteſtation he printed in his piece intitled, The Freeman’s Freedom vindicated, p. 3. edit. 1646, not long after this impriſonment.

[11] † Legal and Fundamental Liberties, p. 25, 26.

[footnote 1]

[sidenote 1]

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[footnote 3]

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[citation 8]