The Trial of john lilburn and john wharton, for Printing and Publishing Seditious Books. in the Star-Chamber:

JurisdictionEngland & Wales
Judgment Date01 January 1637
Docket Number148
Date01 January 1637
CourtState Trial Proceedings
148
148. The Trial of JOHN Li LAW RN and JOHN WIIA RTON, for Printing and Publishing Seditious Books. In the Star-Chamber : 13 ClIATILES I. A. D. 1637. [Written by John Liiburn.] BEFORE the Lord Archbishop of Canterbury ; the Lord-Keeper, lord Coventry ; the Lord-Treasurer, bishop of London; the lord Privy-Seal, earn of Manchester; the Earl-Marshal, earl of Arundel; the earl of Salisbury ; the earl of Dorset ; lord Cottington; lord Newburgh; Lord Chief-Justice Bramston; sir Henry Vane; Mr. Secretary Cooke; Mr. Secretary Windebank ; Judge Jones, and others. Upon Tuesday the 11th or 12th Dec. 1637, I was treacherously and Judasly betrayed (by one that I supposed to he eny friend) into the hands of the pursuivant, with four of his assistants, as I was walking in Soperlane with one John Chillonme, servant to old Mr. John Wharton, in Bow-lane, a hot-presser. And about twelve of the clock the next day, I was committed to the Gate-house, by sir John Lamb, the prelate of Canterburys chancellor, with others, without any examination at all, for sending of factious and scandalous Books out of Holland into England. And having not been at the foresaid prison above three days, I was removed, by a warrant from the Lords of the Council, to the Fleet, Where I now remain. And after my being there some time, I drew a Petition to the Lords of the Council for tnv liberty; and their Answer to it was, that 1317] STATE TRIALS, 13 CitAnts I. 1637. for publishing Seditious Books. [131S: should be examined before sir John Banks, the Chillington, do you know stich a one ? Yes. kings Attorney : The copy of which Examination thus follows. Upon Tuesday the 14th Jan. 1637, I was had to sir John Banks the Attorney-Generals chamber, (How Lord Chief-Just ice of the Court of Pleas) and was referred to be examined by Mr. Cockshey his chief clerk ; and at our first coining together, he did kindly intreat me, and made me sit down by him, and put on my hat, and began with me after this manner; Mr. Lilbuin, what is your Christian name ? I said John. Did you live in London before. you went into Holland? Yes, that I did.---Where? Near London-stone. With whom there? With Mr. Thomas Iffewson. What trade is he? A dealer in cloth, I told him, How long did you serve him? About five years. How came you to part ? Aller this manner: I perceiving my master had an intention to leave off his trade, I often moved him that I might have my liberty, to provide for myself, and at the last he condescended unto it : and so I went into the country, to have the consent of my friends ; and after that went into Holland. Where were you there? At Rotterdam. And from thence you went to Amsterdam? Yes, I was at Amsterdam. What books did you see in Holland ? Great store of hooks, for in every booksellers shop as I came in, there were great store of books.--I know that, but I ask you, if you did see Dr. Bastwicks Answer to my masters information, and a Book called his Litany ? Yes, I saw them there; and if you please to go thither, you may buy an hundred of them at the booksellers, if you have a mind to them. Have you seen the " Unbishoping of Timothy and Titus," the " Looking-glass," and a " Breviate of the Bishops late Proceedings"? Yes, I have, and those also you may have there, if you please to send for them. Who printed all those books? Into not know. Who was at the charges of printing them ? Of that I am igno rant, But did you not send over some of these hooks? I sent not any of them over. Do yon know one Hargust there? Yes, I did see such a man Where did you see him ? I met with him one dayaccidentally at Amsterdam. How oft did you see him there? Twice upon one day. But did not he send over books? If he did, it is nothing to me, Mr his doings are unknown to me. But lie wrote a letter, by your directions, did he not? What he writ over I know no more than you, But did you see him no where else there? Yes, I saw him at Rotterdam. What conference had you with hint? Very little: but why do you ask me all these questions ? these are beside the matter of lily imprisonment; I pray come to the thing for which I am accused, and imprisoned. No, these are not beside the business, but do belong to the thing for which you are imprisoned. But do you know of any that sent over any books? What other men did, loth not belong to the to know or search into; sufficient it is for me to look well to my own occasions.- Well, here is the Examination of one Edmund How long have you been acquainted with him ? A little before 1 went away, but how long, I do not certainly know. Do you know one John Wharton? No. Do you not? he is a hotpresser. I know him, but I do not well remember his other name. How long have you been acquainted with him, and how came you acquainted ? I cannot well tell you. How Ping do you think ? I do not know. What speeches had you with Chillington since you came to town ? I am not bound to tell you : but sir (as I said before) why do you ask me all these questions ? these are nothing pertinent to my imprisonment, for I am not imprisoned for knowing and talking with such and such men, but Mr sending over Books; and therefore I am not willing to answer you to any more of these questions, because I see you go about by this Examination to ensnare me: for seeing the things for which I am imprisoned cannot be proved against me, you will get other matter out of my examination : and therefore if you will not ask me about the thing laid to my charge, I shall answer no more : but if you will ask of that, I shall then answer you, and do answer that for the thing for which I am imprisoned, which is for sending over books, I am clear, for I sent none; and of any other matter that you have to accuse tine of; I know it is warrantable by the law of God, and I think by the law of the land, that I may stand upon my just defence, and not answer to your interrogatories; and that my accusers ought to be brought face to face, to justify what they accuse me of. And tins is all the answer that for the present I am willing to make : and if you ask me of any more things, I shall answer you with silence. At this he was exceeding angry, and said, there would be a course taken with me to make me answer. I told him, I did not regard what course they would take with me ; only this I desire you to take notice of, that 1 do not refuse to answer out of any contempt, but only because I am ignorant of what belongs to an Examination, (for this is the first time that ever I was examined ;) and therefore 1 ant unwilling to answer to any impertinent ques- tions, for fear that with my answer I may do myselfhurt. This is not the way to get liberty : I had thought you would have answered punctually, that so you might have been dispatched as shortly as might be. I have answered punctually to the thing for which I am imprisoned and more I am not bound t: ahswe r, and for my liberty I must wait Gods time. You had better answer, for I have two Examinations wherein you are accused. Of what am I accused ? Chillington bath accused you for printing ten or twelve thousand of books in Holland, and that they stand you in about 801. and that you had a chamber at Mr. John Foots at Delft, where he thinks the books were kept, and that you would have printed the " Unmasking of ithe Mystery of Iniquity," if you could have got true copy of it. I do not believe that Chilling, ton said any such things ;-linid if he did, I knew I"3191] STATE TRIALS, 13 CSABLES I. 1 637.---Trial of Lillern, and Wharton, [132o. and am sure, that they are all of them lies. You receiyeti money of Sir. Wharton. since you came to row did you not ? What if I did ?---It was for books? I do not say so. For what sort of books was it ? 1 do nat say it was for any, and I have already answered you all that Mr the present 1 have to answer; and if that will give you content, well and goo.d; if not, do what you plcase. If you aid not answer no more (here I told him, if I had thought he would have insisted upon such impertinent questions, 1 would not have given hint SO many enswer$) we have power to send you to the place from whence you came. You may do your pleasure, said 1. So he called in anger for my keeper, and gave him a strict charge to look well to me. I said, they should not fear my running away. And so I was sent clown to sir John Banks himself. And after he had read over what his man had writ, he called me and said, I i.eiceive you are nowilling to confess the truth. Labarn. No, sir, I have spoken the, truth. Sir .1ohit Banks. This is your Examination is it not ? What your man Meth writ, 1 do not know. -,Come near, and see that I read it right. Sir, I do not own it for my Examination, for your man bath writ what it pleased him, and bath not writ my answer; for my answer was to him, and so it is to you, that for die thing for alai; I am imprisoned (which is far sending over Books) I am clear, for did not send any, and for any other matter that is laid to my charge, I know it, is warrantable by the law of God, and I think by the law of the land, ffir me to stand upon my just defence, and that my accusers ought to be brought face to face, to justify what they accuse me of : and this is all that I have to say for the present. You must set your hand to this your Examination. I beseech you, sir, parilon me, I will set my hand to nothing but w hat I have now said.--So he took the pen and writ, The examined is " unwilling to an,) er ;0 any thing but that for which he is imprh:otied. -Now you .will set your hand to it; I ant not willing, in regard I do not own that which your man Midi writ ; but if it please you to lend me the pen, I Will write my answer, and set my hand to it. So he gave me the pen, and I begun to write thus: Answer of me, John tilburn, is, and here be took the pen from me, and said he could not stay, that was sufficient. Then-one of my keepers asked him if they might have me back again ? And he said yea; for he had no order for my inlargement. And...

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3 cases
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    ...and barbarous sentences of the court of Star Chamber was gradually being aroused. It came to a head in the case of John Lilburn, (1637) 3 St. Tr. 1315, which brought about its abolition and the firm recognition of the principle that the accused should not be put on oath and that no evidence......
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    ...imposed, by the court of Star Chamber, in the exercise of criminal jurisdiction. This came to a head in the case of John Liburn ( 3) State Trials 1315), which brought about the abolition of the Star Chamber and the firm recognition of the principle that the accused should not be put on oath......

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