John Lilburne - On Trial For High Treason

On Trial For High Treason

When Hugh Peters 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 not against the person of the King.

There had been rumours after the Broadway meeting of January 1648, that Levellers were conspiring with Royalists to overthrow the new republic. During the Oxford mutiny this was confirmed when Parliament acquired a letter from a Royalist prisoner in the Tower of London to Lord Cottington, and 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, using a court similar to that which had tried Charles I. Like the trial of the King sentence would be passed by appointed commissioners, (forty for Lilburn's trial), but unlike the King (who had no peers) a jury of 12 would decide on Lilburn's guilt or innocence. The trial took place in the London Guildhall. It started on 24 of 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 an hour before the proceedings could be formally closed.

Lilburn was not released immediately and was held for a further two weeks before pressure from the populaces and some friends in Parliament finally secured his release. Although some members of parliament were irked at Lilburne's release, Parliament had succeed in suppressing open Levellers dissent. The Levellers gave up all attempts to rouse the country and army to open rebellion, and started to conspire ineffectually in secret.