Part 32 (1/2)

[Footnote 1: Journals, 1649, April 18, Oct. 4; 1650, March 30; 1651, Sept.

2, Dec. 17; 1652, April 7.]

[Footnote 2: Journals, 1649, April 7, Aug. 1, Dec. 7; 1650, May 21, Nov.

26; 1651, April 15, Sept. 1, Dec. 19; 1652, Dec. 10; 1653, Nov. 24.]

good cause in which they had originally embarked. By the latter Lilburne was revered as an apostle and a martyr; they read with avidity the publications which repeatedly issued from his cell; and they condemned as persecutors and tyrants the men who had immured him and his companions in the Tower. Preparations had been made[a] to bring them to trial as the authors of the late mutiny; but, on more mature deliberation, the project was abandoned,[b] and an act was pa.s.sed making it treason to a.s.sert that the government was tyrannical, usurped, or unlawful. No enactments, however, could check the hostility of Lilburne; and a new pamphlet from his pen,[c] in vindication of ”The Legal Fundamental Liberties of the People,”

put to the test the resolution of his opponents. They shrunk from the struggle; it was judged more prudent to forgive, or more dignified to despise, his efforts; and, on his pet.i.tion for leave to visit his sick family, he obtained his discharge.[1]

But this lenity made no impression on his mind. In the course of six weeks he published[d] two more offensive tracts, and distributed them among the soldiery. A new mutiny broke out at Oxford; its speedy suppression emboldened the council; the demagogue was reconducted[e] to his cell in the Tower; and Keble, with forty other commissioners, was appointed[f] to try him for his last offence on the recent statute of treasons. It may, perhaps, be deemed a weakness in Lilburne that he now offered[g] on certain conditions to transport himself to America; but he redeemed his character, as soon as he was placed at the bar. He repelled with scorn the charges of the

[Footnote 1: Journals, 1649, April 11, May 12, July 18. Council Book May 2.

Whitelock, 414.]

[Sidenote a: A.D. 1649. April 11.]

[Sidenote b: A.D. 1649. May 12.]

[Sidenote c: A.D. 1649. June 8.]

[Sidenote d: A.D. 1649. July 18.]

[Sidenote e: A.D. 1649. Sept. 6.]

[Sidenote f: A.D. 1649. Sept. 14.]

[Sidenote g: A.D. 1649. Oct. 24.]

prosecutors and the taunts of the court, electrified the audience by frequent appeals to Magna Charta and the liberties of Englishmen, and stoutly maintained the doctrine that the jury had a right to judge of the law as well as of the fact. It was in vain that the court p.r.o.nounced this opinion ”the most d.a.m.nable heresy ever broached in the land,” and that the government employed all its influence to win or intimidate the jurors; after a trial of three days, Lilburne, obtained a verdict of acquittal.[1]

Whether after his liberation[a] any secret compromise took place is uncertain. He subscribed the engagement, and, though he openly explained it in a sense conformable to his own principles, yet the parliament made to him out of the forfeited lands of the deans and chapters the grant[b] of a valuable estate, as a compensation for the cruel treatment which he had formerly suffered from the court of the Star-Chamber.[2] Their bounty, however, wrought no change in his character. He was still the indomitable denouncer of oppression wherever he found it, and before the end of the next year he drew upon himself the vengeance of the men in power, by the distribution[c] of a pamphlet which charged Sir Arthur Hazlerig and the commissioners at Haberdashers'-hall with injustice and tyranny. This by the house was voted a breach of privilege, and the offender was condemned[d]

in a fine of seven thousand pounds with banishment for life. Probably the court of Star-chamber never p.r.o.nounced a judgment in which the punishment was more disproportionate to the offence. But his former enemies sought

[Footnote 1: Journals, 1649, Sept 11, Oct. 30. Whitelock, 424, 425. State Trials, ii. 151.]

[Footnote 2: Whitelock, 436. Journ. 1650, July 16, 30.]

[Sidenote a: A.D. 1649. Dec. 29.]

[Sidenote b: A.D. 1650. July 30.]

[Sidenote c: A.D. 1651. Dec. 22.]

[Sidenote d: A.D. 1652. Jan. 15.]

not justice on the culprit, but security to themselves. They seized the opportunity of freeing the government from the presence of a man whom they had so long feared; and, as he refused to kneel at the bar while judgment was p.r.o.nounced, they embodied the vote in an act of parliament. To save his life, Lilburne submitted; but his residence on the continent was short: the reader will soon meet with him again in England.[1]

The Levellers had boldly avowed their object; the royalists worked in the dark and by stealth; yet the council by its vigilance and prompt.i.tude proved a match for the open hostility of the one and the secret machinations of the other. A doubt may, indeed, be raised of the policy of the ”engagement,” a promise of fidelity to the commonwealth without king or house of lords. As long as it was confined to those who held office under the government, it remained a mere question of choice; but when it was exacted from all Englishmen above seventeen years of age, under the penalty of incapacity to maintain an action in any court of law, it became to numbers a matter of necessity, and served rather to irritate than to produce security.[2] A more efficient measure was the permanent establishment of a high court of justice to inquire into offences against the state, to which was added the organization of a system of espionage by Captain Bishop, under the direction of Scot, a member of the council. The friends of monarchy, encouraged by the clamour of the Levellers and the professions of the Scots, had begun to hold meetings,

[Footnote 1: Journals, 1651, Dec. 23; 1652, Jan. 15, 20, 30. Whitelock, 520. State Trials, v. 407-415.]

[Footnote 2: Leicester's Journal, 97-101.]

sometimes under the pretence of religious wors.h.i.+p, sometimes under that of country amus.e.m.e.nts: in a short time they divided the kingdom into districts called a.s.sociations, in each of which it was supposed that a certain number of armed men might be raised; and blank commissions with the royal signature were obtained, to be used in appointing colonels, captains, and lieutenants, for the command of these forces. Then followed an active correspondence both with Charles soon after his arrival in Scotland, and with the earl of Newcastle, the Lord Hopton, and a council of exiles; first at Utrecht, and afterwards at the Hague. By the plan ultimately adopted, it was proposed that Charles himself or Ma.s.sey, leaving a sufficient force to occupy the English army in Scotland, should, with a strong corps of Cavalry, cross[a] the borders between the kingdoms; that at the same time the royalists in the several a.s.sociations should rise in arms, and that the exiles in Holland, with five thousand English and German adventurers, should land in Kent, surprise Dover, and hasten to join their Presbyterian a.s.sociates, in the capital.[1] But, to arrange and insure the co-operation of all the parties concerned required the employment of numerous agents, of whom, if several were actuated by principle, many were of doubtful faith and desperate fortunes. Some of these betrayed their trust; some undertook to serve both parties, and deceived each; and it is a curious fact that, while the letters of the agents for the royalists often pa.s.sed through the hands of Bishop himself, his secret papers belonging to the council of state were copied and forwarded to the king.[2] This consequence however followed,

[Footnote 1: Milton's State Papers, 35, 37, 39, 47, 49, 50. Baillie, ii. 5, 8. Carte's Letters, i. 414.]

[Footnote 2: State Trials, v. 4. Milton's State Papers, 39, 47, 50, 57. One of these agents employed by both parties was a Mrs. Walters, alias Hamlin, on whose services Bishop placed great reliance. She was to introduce herself to Cromwell by p.r.o.nouncing the word ”prosperity.”--Ibid.]

[Sidenote a: A.D. 1650. December.]