Chronicles of Newgate, Vol. 1: From the twelfth to the eighteenth centuryGriffiths, Arthur
History
Chronicles of Newgate, Vol. 1: From the twelfth to the eighteenth century
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
please, and may have their wills, for your petitioner humbly conceiveth
that he is made a prisoner to their wills, not to the law, except their
wills may be a law." On this account he appealed to the Commons "as
the most sovereign Court of Judicature in the land," claiming from
them, "repossession of his just liberty and freedom, or else that
he may undergo the penalty prescribed by the law if he be found a
transgressor." Whether Overton was supported by the Commons against the
Lords does not appear, but within three years the Lower House abolished
the House of Peers.
[Illustration: _Sessions House, Clerkenwell Green, London_]
Here is yet another petition from a better known inmate of Newgate, the
obstinately independent Colonel Lilburne, commonly called "Freeborn
John." Lilburne was always at loggerheads with the government of
the city. In 1637, when following the trade of a bookseller, he was
convicted by the Star Chamber for publishing seditious libels, and
sentenced to the pillory, imprisonment, and a fine of £5,000. In 1645
he fell foul of the Parliament, and wrote a new treatise, calling
in question their power. Lilburne was eventually banished by the Rump
Parliament; but in 1653 he returned to England and threw himself upon
the tender mercies of the Protector. Cromwell would do nothing, and
left him to the law. Lilburne was then arrested, and committed to
Newgate. At the next sessions he was arraigned, but refused to plead
unless furnished with a copy of his indictment. He managed to put off
his trial by various expedients till the next sessions, when he was
acquitted by the jury. In Thurloe's State Papers it is stated that
"John Lilburne was five times at his trial at the Sessions House, where
he most courageously defended himself from the recorder's violent
assaults with his old buckler, the Magna Charta, so that they have
let him alone." "Freeborn John" was so popular with malcontents of
all shades of opinion, that the authorities, from Oliver Cromwell
downward, were really afraid of him. Oliver professed to be enraged
against him, and anxious for his punishment, yet he privately paid him
a pension equal to the pay of a lieutenant-colonel, and, as Thurloe
says, "thought the fellow so considerable, that during the time of his
trial he kept three regiments continually under arms at St. James'."
The jury which acquitted Lilburne were summoned to answer for their
conduct before the Council of State. Yet there is little doubt that
the court was overawed by the mob. For Thurloe says there were six or
seven hundred men at the trial, with swords, pistols, bills, daggers,
and other instruments, that, in case they had not cleared him, they
would have employed in his defence. The joy and acclamation were so
great after he was acquitted that the shout was heard an English mile.
Public-domain text, read in full here on John Shaqi.
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