LILBURNE.
2937
Lilburne [John], the coryphæus of the Levellers, was deſcended of an ancient family[footnote 1], and born in 1618[sidenote 1] at Thickney Puncharden in the county of Durham. He gave early proofs of an excellent memory, a ready apprehenſion, and a ſtrong imagination; and being a younger ſon[sidenote 2], and also of a very forward temper, was carried by his father without any grammar learning[sidenote 3] to London, and put apprentice at twelve years of age to Mr Thomas Hewſon an eminent wholeſale clothier near London-Stone[sidenote 4]. In this ſervice he had not been a long while, before, young as he was, he complained to the City-Chamberlain of his maſter’s ill uſage; and having carried this point to his ſatiſfaction[sidenote 5], he afterwards ſpared not to indulge his genius freely. He was naturally of a high-mettled daring ſpirit, and having been trained up among the Puritans[footnote 2], he ſpent ſeveral days a week in reading ſuch of their books as were proper to inflame his zeal againſt the eſtabliſhed Hierarchy[footnote 3]. The event was anſwerable to his endeavours, hebecame
Footnotes
- ↑ [A] Deſcended of an ancient family] When our author’s cauſe was pleaded at the bar of the Houſe of Lords in 1640, among other aggravations of the cruelty of the ſentence paſſed upon him by the judges of the Star-chamber in 1637, it was urged by the managers in his behalf, that he was deſcended from an ancient family in the north[citation 1], a town in Northumberland ſtill bearing the name of Lilburne or rather Leiſle-bourne, by reaſon of the water called the Bourne, that was about it; and that the arms belonging to the family, are three water budgets, which is an ancient bearing of arms[citation 2]. His father Richard Lilburne, beſides the eſtate at Thickley Puncharden abovementioned, was poſſeſſed of lands to a conſiderable value in the county of Durham. In 1638 he was engaged in a ſuit at law, for an eſtate of above 200 pounds a year in that county, wherein iſſue was joined for a trial by battle; which, as it ſeems to be the laſt inſtance of that ancient cuſtom, and happened to fall in our author’s family, may deſerve a place in theſe memoirs. This remarkable cauſe, after ſome former hearings, came on the 6th of Auguſt 1638 before judge Berkley at Durham, between Ralph Claxton demandant, and Richard Lilburne tenant. The demandant appeared at 10 o’clock in the forenoon by his attorney, and brought in his champion George Cheney in array, who caſt his gantlet into the court with five ſmall pence in it. Then the tenant appeared by his attorney, and brought in his champion William Peverel in array, who did the like. After ſome examination of the proceedings in the cauſe, the parties and their champions were adjourned ’till three in the afternoon of the ſame day; when appearing as before with ſand bags and battons, ſome diſcourſe was held of it by the judge, who alſo examined the champions, and having ordered them into the cuſtody of two bailiffs of the court, adjourned them ’till 8 the next morning; at which time appearing again, they were adjourned ’till three after dinner, and upon their appearing accordingly, were adjourned ’till 8 the following morning, when the champions put in their pledges (as at the court held on the 7th of July preceding) to appear in the court of pleas to be held on the 15th of September next. In the interim, on the 15th of Auguſt, his Majeſty in council being made acquainted, that there had been ſeveral days appointed for determining by battle the queſtion of right which had long been depended between Claxton and Lilburne, for certain lands in the county of Durham, and that by the late appointment the ſame was to be tried by the ſaid parties champions, December the 22d next, deſired that the judges of that circuit, upon conference with their brethren, ſhould be prayed and required to take the ſame caſe into due and ſerious conſideration, and, if they could, to find any juſt way by law how the ſaid combat might be put off, and the cauſe put into another way of trial; for his Majeſty, out of his pious care of his ſubjects, would have it ſo, rather than to admit of a battle: but otherwiſe, ſince Lilburne had obtained a judgment upon a demurrer againſt Claxton, and alſo coſts from the board for his vexation; and ſince that, Claxton had brought a new action, upon which Lilburne had waged battle; his Majeſty would not deny the trial of laws, if it could not be legally prevented. After this, both parties bringing their champions into the court at Durham, having their ſand bags and battons, and ſo rendered themſelves in that fighting poſture, when the court upon reading the record, found and error in it by miſtake of the clerk (which ſome thought wilfully done) whereupon the court would not let them join battle at that time[citation 3]. Thus did the court order to avoid battle by deferring the matter, tho’ the champions were ever preſent in court at all meetings to join battle. In further purſuance of his Majeſty’s earneſt deſire, there was a conſultation of all the judges upon the following point. In a trial by battle upon a writ of right, the tenant waged battle which was accepted, and at the day to be performed. Berkley the juſtice there examined the champions of both parties, whether they were not hired for money? and they confeſſed they were, which confeſſion he cauſed to be recorded, and gave farther day to by adviſed; and by the King’s direction all the judges were required to deliver their opinion, whether this was cause sufficient to de-arraign the battle by theſe champions; and by Bramſton, chief Juſtice; Davenport, chief Baron; Denham, Hutton, Jones, Cook, and other juſtices, it was ſubſcribed, that this exception, coming after the battle waged, and champions allowed, and ſureties given to perform it, ought not to be received[citation 4]. Notwithſtanding this opinion, means being ſtill found to defer the trial from year to year, Richard Lilburne preſented a petition to the Houſe of Commons, which was read July 24th, 1641, ſetting forth how often he had joined iſſue for trial by battle for lands in value of above 200 pounds per annum, and had brought down his champion; but that they were from time to time put off from a trial by combat by the judges, who ſtill found ſome error in the record, ſo that the trial could not proceed. Upon which, it was ordered afterwards by the Houſe, that a bill be brought in to take away trial by battle[citation 5].
- ↑ [B] Trained up among the Puritans] Mr Wood tells us[citation 6] expreſsly, that his brother Robert was puritannically educated; and our author ſuggeſts, that his own maſter, Hewſon, was a ſectary, and that himſelf frequented the ſame meeting of thoſe people with his maſter[citation 7]. He obſerves alſo upon another occaſion, that both his father and uncle George Lilburne, were not only the firſt that ever he could hear of in the county of Durham, that oppoſed the King in the point of ſhip money, but likewiſe ſtood up againſt the Biſhop of of Durham, and the Dean and Chapter there, in the buſineſs of innovations: that afterwards adhering to the Parliament, they became Juſtices of the Peace, Committee-men, Surveyors of Biſhops lands, and Sequeſtrators of Delinquents eſtates[citation 8].
- ↑ [C] He read puritannical books] He tells us himſelf, that his maſter keeping only a warehouſe, he had ſpare time enough ſeveral days in the week, which he ſpent in reading the Bible, the Book of Martyrs, Luther’s, Calvin’s, Beza’s, Cartwright’s, Perkins’s Molin’s, Burton’s, and Rogers’s works, with a multitude of other ſuch like books which he had purchaſed[citation 9]. Lord Clarendon informs us, that our author confeſſed, that in the melancholy of his impriſonment, and by reading the Book of Martyrs, he raiſed in himſelf a marvellous inclination and appetite to ſuffer in the defence and for the vindication of any oppreſſed truth, and found himſelf very much confirmed in that ſpirit; and in that time diligently collected and read all thoſe libels and books, which had anciently as well as lately been written againſt the Church, from whence, with the venom he had likewiſe contracted, the impudence and bitterneſs of their ſtile, and by practice, brought himſelf to the faculty of writing like them[citation 10]. But tho’ it be allowed, that too rigorous a puniſhment is rather apt to harden than amend the ſufferer; yet whatever fallacious
Sidenotes
- ↑ (a) See below in remark [Z].
- ↑ (b) His father had three ſons, Robert, John, and Henry. See remark [I].
- ↑ (c) We find him frequently declaring he could not read Latin, particularly at his tryal in 1649, p. 22. printed that year in 4to. under the fictitious name of Theodorus Verax.
- ↑ (d) According to his own account, he ſerved his maſter faithfully ſix years, which muſt be expired before he went to Holland in 1636, or the beginning of 1637. Legal and Fundamental Liberties, &c. p. 21. edit. 1649, 4to. where he alſo obſerve⟨s⟩, that he was put apprentice well nigh 20 years ago, and that his maſter drove a large wholeſale trade. p. 20.
- ↑ (e) He tells us, that he ever after lived in peace with him, and that, in all the days of his calamity with the Biſhops, he had the trueſt and cordialeſt friend of him that ever ſervant had of a maſter, in the day of his trial. Ibid.
Citations
- ↑ * In a war between the Wardens of the Engliſh and Scotiſh marches, anno 1375, Sir John Gordon entered England, returned with a large booty, and Sir John Lilburne, whom he had defeated and taken. Smollet’s Hiſtory of England, Vol. II. p. 108. Lond. 1757, 4to.
- ↑ (1) Ruſhworth’s Hiſt. Collect. Vol. I. part ii. p. 469. edit. 1680, fol. where we ſee our author ſtiled John Lilburne, Gent. in the decrees of the Star-chamber. The manager’s name, not mentioned by Ruſhworth, was Cooke, as appears by the account of theſe proceedings publiſhed by our author ſoon after in fol. who was highly pleaſed with them, and often quotes them in his writings afterwards. See particularly Hue and Cry after Sir Arthur Haſlerig, p. 17.
- ↑ (2) Mr Ruſhworth obſerves, that this proved an omen of what the next year produced, by a greater appearance of a battle, when the King’s army was at the camp of Berwick, and the Scots on the other ſide of Tweed; yet both armies parted alſo without battle.
- ↑ (3) Id. Vol. II. part ii. p. 788, 789, 790.
- ↑ (4) Ibid. part iii. p. 356. edit. 1692.
- ↑ (5) Ath. Oxon. Vol. II. col. 174.
- ↑ (6) Legal and Fundamental Liberties, &c. p. 21.
- ↑ (7) A juſt Reproof to Haberdaſhers Hall, p. 2, 3, 4. and 17. and A Preparative to a Hue and Cry after Sir Arthur Haſlerig. p. 37.
- ↑ (8) Legal and Fundamental Liberties, &c. ubi ſupra.
- ↑ (9) Hiſtory of the Rebellion, Vol. III. part ii. p. 500, 501, in 8vo.
gloſſes
