John Lilburne - Return, Trial and Imprisonment

Return, Trial and Imprisonment

The news of the expulsion of the Rump in April 1653 excited Lilbume's hopes of returning to England. Counting on Cromwell's placid disposition, he boldly applied to him for a pass to return to England, and, when it was not granted, came over without one on 14 June. The government at once arrested him, and lodged him in Newgate, whence he continued to importune Cromwell for his protection, and to promise to live quietly if he might stay in England. His trial began at the Old Bailey on 13 July, and concluded with his acquittal on 20 August. As usual Lilburne contested every step with the greatest pertinacity. "He performed the great feat which no one else ever achieved, of extorting from the court a copy of his indictment, in order that be might put it before counsel, and be instructed as to the objections he might take against it". Throughout the trial popular sympathy was on his side. Petitions on his behalf were presented to parliament, so strongly worded that the petitioners were committed to prison. Crowds flocked to see him tried; threats of a rescue were freely uttered; and tickets were circulated with the legend:

And what, shall then honest John Lilburne die?

The government filled London with troops, but in spite of their officers, the soldiers shouted and sounded their trumpets when they heard that Lilburne was acquitted. Such was his popularity that two medals were struck in celebration of his acquittal. The government, however, declined to leave Lilburne at large. The jurymen were summoned before the Council of State, and the Council of State was ordered to secure Lilburne. On 28 August he was transferred from Newgate Prison to the Tower of London, and the Lieutenant of the Tower was instructed by parliament to refuse obedience to any writ of Habeas Corpus. On 16 March 1654, the Council ordered that he should be removed to Mount Orgueil Castle, Jersey. Colonel Robert Gibbon, the governor, complained that he gave more trouble than ten cavaliers.

The Protector offered Lilburne his liberty if he declined to act against the government, but he answered that he would own no way for his liberty but the way of the law. Lilburne's health suffered from his confinement, and in 1654 his death was reported and described. His wife and father petitioned for his release, and in October 1655 he was brought back to England and lodged in Dover Castle.