The Chronicles of Newgate, vol. 1/2Griffiths, Arthur
History
The Chronicles of Newgate, vol. 1/2
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
There are other cases of imprisonment more or less arbitrary in these
troubled times. Another petition may be quoted, that of Richard Overton,
“a prisoner in the most contemptible gaol of Newgate,” under an order of
the House of Lords. Overton tells us how he was brought before that
House “in a warlike manner, under pretence of a criminal fact, and
called upon to answer interrogations concerning himself which he
conceived to be illegal and contrary to the national rights, freedoms,
and properties of the free commoners of England, confirmed to them by
Magna Charta, the Petition of Right, and the Act for the Abolishment of
the Star Chamber.” Overton was therefore emboldened to refuse subjection
to the said House. He was adjudged guilty of contempt, and committed to
Newgate, where he was seemingly doomed to lie until their lordships’
pleasure shall be further signified, which “may be perpetual if they
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.
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 bookseller, he was convicted
by the Star Chamber for publishing seditious libels, and sentenced to
the pillory, imprisonment, and a fine of £5000. In 1645 he falls foul of
the Parliament, and writes a new treatise, calling in question their
power. For this, although he had already done good service to the
Parliamentary cause and had earned the grade of Lieutenant-Colonel in
the field, he is first questioned, then sent to Newgate. He dates from
thence, in 1646, a letter to Mr. Wollaston, the keeper of Newgate, or
his deputy. He states that he has seen a warrant commanding the keeper
to produce him before the House of Lords, but that the warrant expresses
no reason why he should “dance attendance before them,” nor does he know
any reason why he should, or any law that compels him thereto. The Lords
had already endeavoured illegally to try him, a commoner, before their
bar, for which, under hand and seal, he protested to their faces against
them as violent and illegal encroachers upon his rights and liberties,
and appealed to the proper tribunal, the Commons, for which appeal he
was arbitrarily committed to gaol. Lilburne goes on to say,--
Public-domain text, read in full here on John Shaqi.
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