Geoffrey Bindman pays tribute to a seditious scribbler and freedom fighter
The story told in the recent Channel 4 drama “The Devil’s Whore” takes place during the civil war in 17th century
Lilburne is only now coming to be recognised as a fundamentally important figure in our political and legal history. He was also a man of extraordinary personal courage and determination. Cromwell made him a colonel in his army, but he became disillusioned when Cromwell abandoned the democratic programme which Lilburne passionately advocated.
Just defence
In his early twenties Lilburne was brought before the Star Chamber accused of sending “factious and seditious libels out of
He was whipped and pilloried but his claims to the right of silence and to hear and challenge the evidence against him were a dramatic challenge to an oppressive judicial process. In 1641 he was vindicated by the House of Commons which resolved that the “sentence of the Star Chamber given against John Lilburne is illegal and against the liberty of the subject: and also bloody, cruel, barbarous, and tyrannical”. Later, however, he accused the commons of reviving the practices of the Star Chamber when he was arrested for publishing pamphlets advocating religious toleration and attacking suppression of dissent. Again he refused to answer incriminating questions, condemned the secrecy of the proceedings, and cited the authority of Magna Carta.
Democratic contribution
Lilburne’s contribution to our democracy and our law has never been properly credited. His role in establishing fairness in the judicial system is especially significant today when we are seeing the erosion of principles which for centuries were believed to be sacrosanct.
Though this successful challenge to the Star Chamber contributed to its abolition, some of its practices continued to be followed in the ordinary courts and in Parliament after the execution of Charles I. Lilburne’s rift with the increasingly authoritarian Cromwell led to further prosecutions. Cromwell attacked Lilburne’s “seditious scribbling” and said either Lilburne or himself would perish for it.
In 1649, Lilburne was tried at the Guildhall for high treason by a specially appointed commission which included no less than 14 judges. He demanded to see the indictment against him and to have access to legal advice, neither of which was at that time routinely allowed. He refused to plead without them. As before he refused to answer incriminating questions. By sheer force of argument he persuaded the court to give in to his demands.
His advice to the jury that they need not apply the law unless they approved of it was perhaps more questionable, but they declared him not guilty.
After recording the verdict the report of the trial continues: “‘No’ being pronounced with a loud voice, immediately the whole multitude of people in the hall, for joy of the prisoner’s acquittal, gave such a loud and unanimous shout as is believed was never heard in Guildhall, which lasted for about half an hour without intermission: which made the judges for fear turn pale and hang down their heads.”
Future generations
Lilburne’s popularity had reached its height at this point but the Levellers movement was in decline and Lilburne’s financial difficulties led him into further conflict which this time led to his banishment to
In 1961, Michael Foot MP asked the government whether in view of “recent historical evidence of the part played by the Levellers in the establishment of Parliamentary freedom and democracy in this country”, a suitable memorial to Lilburne could be erected in the
