Page:Biographia britannica v. 5 (IA biographiabritan05adam).djvu/86

On the 20th of that month he was fetched again before the Committee, when Serjeant Maynard being in the chair, he had a fair and full hearing upon that point^{[sidenote 1]}; but the Committee declining to hear him upon ſome other things relating to the Houſe of Commons^{[sidenote 2]}, he ſent a paper upon thoſe matters incloſed in a letter to Mr Maynard on the 28th^{[sidenote 3]}, wherein he promiſed, for the ſatisfaction of his enemies, to leave the kingdom if he had his demands paid by an order of the Houſe, threatening otherwiſe to raiſe his friends among the people in his defence^{[footnote 1]}. On the 9th of November an order paſſed the Houſe that he ſhould have liberty every day to go without his keeper to attend the Committee appointed about his buſineſs, and to return every night to the Tower^{[sidenote 4]}. And he enjoyed the benefit of it ſome time, but an information of ſeditious practices being made againſt him in January to the Houſe of Lords, he was taken into cuſtody again, and brought before the Houſe of Commons on the 19th of that month. When in his defence, he delivered a charge of high-treaſon againſt Cromwell and Ireton; upon which he was remitted to the Tower, and ordered to be tried by the law of the land, for ſeditious and ſcandalous practices againſt the ſtate^{[footnote 2]}. Conceiving himſelf to be eſpecially in-titled

Sidenotes

1. (s s) Our author tells us, this new hearing upon the point of law was the pure effect of his challenge. Additional Plea to Maynard, p. 17. and Ruſhworth informs us, that he had been before them on the 18th, and ſoon after gave in his ſpeech in writing, declaring the Lords proceedings againſt him illegal, of which he gave many precedents, which he undertook to prove. His expreſſions were in law very high. Vol. VIII. p. 844.
2. (t t) He concludes his plea with a declaration, that, having done with every thing in point of law againſt the Lords, ’till they reply, he had ſomething to ſay in reference to the Commons; but being ſpent, deſires to be heard October 26, according to their own appointment.
3. (u u) This he printed afterwards with the title of An additional Plea, &c. to Serjeant Maynard, 1647, 4to.
4. (w w) Ruſhworth, in the laſt cited vol. p. 868.

Footnotes

 

But I poſitively deny that the Houſe of Lords, by the known and declared law of England, have any original juriſdiction over any Commoner whatſoever, either for life, limb, liberty, or eſtate, which is the only and alone thing in controverſy betwixt them and me. And this poſition I will in a public aſſembly, or before both Houſes, in law debate with any forty Lawyers in England, that are practitioners of the law; and I will be content the Lords ſhall chuſe them every man: and if after I have ſaid for myſelf what I can, that any three of theſe forty Lawyers ſworne to deliver their judgments according to the known law of England give it under their hands againſt me, I will give over my preſent conteſt with the Lords, and ſurrender myſelf up to the puniſhment and ſentence of the preſent Lords and Commons.
Provided at this debate I have ſix or ten of my friends preſent to take in writing all that paſſeth thereupon.
Witneſſe my hand and ſeale, in the preſence of divers witneſſes in the Tower of London, this 2d of October, 1647^{[citation 1]}.’
1. [M M] He promiſed to leave the kingdom, &c.] The inſults he had offered with his tongue and pen to Cromwell, giving great diſtaſte to ſome of his near friends, who ſaid, they would not only undo himſelf, but all that had any relation to him, and preſſed him to do ſomething that was reaſonable and moderate to get his liberty; one of them aſſuring him, that he knew if he would do ſo and ſo^{[citation 2]}, he might have it. Hereupon our author conſidering that if he was ſet at liberty, he could not live in England to follow any employment, excepting oaths and tythes were aboliſhed. ‘For (ſays he) either I muſt follow my trade, a clothier, which here I cannot do without taking oaths, which I cannot take; or elſe I muſt live in the country, and there I neither can nor would pay tythes; in which regard, if I were at liberty, I muſt of neceſſity go beyond ſeas. I did therefore propoſe, that upon that condition if the Houſe of Commons will paſs their judgment upon my proteſt againſt the Lords, and evacuate their ſentence, and immediately help me to the 2000l. the Lords adjudged me, and get me but in ready money one half of my arrears for the whole, being 6 or 7000l. audited before a Committee of their own Houſe, I would immediately lay out my money in cloths, or other commodities; and if I can paſs with them, I will forthwith leave the kingdome, to which I will promiſe, without licence, I will not return for the ſpace of twelve months for the reſt of the money; and ſo I ſhall leave this Parliament ts the management of their own affairs among themſelves. Witneſs my hand and ſeal this 6th of October, 1647.

   J. Lilburne.’

   But inſtead of obtaining his liberty thereby, as he was confidently made believe he ſhould, they calumniated him as a man that neither cared for England, nor the liberties thereof, but merely and only fought for his money and his own ends; ‘whoſe juggling dealings with me (continues he) I ſhall more largely bring to notice, when I print my letter to ſubtle Mr Allen, the Agitator, which, by God’s affitance, ſhall ſpeedily follow; and then my Appeal next to that, wherein I will cry out aloud, murder! oppreſſion! and deſolation to the whole kingdom! and with ſtrong heart and voice call upon the Houſe of Commons to judge my appeal, which I judge is now hindered by the grandees of the army, who, I may ſay, are body and ſoul the Lords creatures, as great lovers of tyranny, oppreſſion, injuſtice, and diſſimulation as they. And ſo I reſt,

   John Lilburne,

   That neither loves baſeneſſe, nor fears greaneſſe^{[citation 3]}.’
2. [N N] Was afterwards remitted to the Tower, and ordered to be tried for ſeditious practices.] Some account of this affair is printed in Ruſhworth’s Collections^{[citation 4]}, which in ſubſtance is, that after a conference, January 18th, between the two Houſes, their Lordſhips acquainted the Houſe of Commons, that they had received information by one Mr Maſterman, Miniſter of Shoreditch, that being deſired by a friend of his to go to a private houſe to give his judgment on a petition to be preſented to the Houſe of Commons, he accordingly went, and found there Lieutenant-colonel John Lilburne, and many others, debating about the ſaid petition; and that Lilburne did then ſpeak many things tending much to the diſhonour of both Houſes of Parliament, and their proceedings, and expreſſed himſelf in ſuch language againſt both, that it was not fitting for a man of his coat to mention them; and that this was ſtiled a petition, and that many thouſand copies thereof ſhould be diſperſed through the kingdom to the diſhonour of the Parliament and their proceedings. That their Lordſhips had formerly committed Lilburne to the Tower of London, and having information of his going abroad, ſent to the Lieutenant of the Tower to know the reaſon he was not detained in cuſtody, according to the order of that Houſe; who anſwered, that there was lately an order of the Houſe of Commons directed to him, and requiring him to ſuffer the ſaid Lilburne to go abroad about his occaſions; and that ſince the ſaid order he could give no account of him. In concluſion, their Lordſhips deſired that no occaſion might be given to hinder the union and affection between both Houſes of Parliament, and that the Houſe would ſpeedily conſider of this buſineſs. The Houſe of Commons accordingly took this buſineſs into conſideration, and had much debate thereupon; and ordered, that their former order ſhould be repealed, and that Lieutenant-colonel John Lilburne be committed priſoner to the Tower, and that the Lieutenant of the Tower ſhould bring him to the bar of the Houſe of Commons tomorrow morning: and another order was made, that Mr Wildman ſhould be taken into the cuſtody of the Serjeant at Arms. January 19th, the Houſe reſuming the ſame affair, Lilburne was called in, and made a large, if not a tedious, anſwer to the information or charge againſt him, ſome whereof he confeſſed, and part denied. The proof of the information was likewiſe heard, and the examination of this buſineſs held ’till 6 at night, when the Houſe, coming to a reſolution upon it, ordered that Lilburne ſhould be committed priſoner to the Tower of London; and that he ſhould be tried by the law of the land for ſeditious and ſcandalous practices againſt the State; and that Wildman ſhould be committed to Newgate, and tried ac-

Citations

1. (90) Additional Plea, p. 8.
2. (91) What this was appears from his reſolution to leave the kingdom for ſome time at leaſt, ’till the public affairs were ſettled, i. e. ’till Cromwell had purged off the Agitators, and ſo ſecured to himſelf the whole army, and therein the ſupreme power. For that doubtleſs was the arch-rebel’s true meaning, from whom the propoſition evidently came.
3. (92) Additional Plea, in the concluſion.
4. (93) Vol. VIII. p. 968, 970, 971. See alſo Wood’s Athen. Oxon. Vol. II. col. 173.