Editing John Lilburne (section)

==Return, trial and imprisonment==
The news of the expulsion of the Rump in April 1653 excited Lilburne'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.<ref>{{harvnb|Firth|1893|p=249}} cites ''A Defensive Deceleration of Lieutenant-colonel John Lilburne'', 22 June 1653; ''[[Mercurius Politicus (1650)|Mercurius Politicus]]'', pp. 2515, 2525, 2529; ''Cal. State Papers'', Dom. 1652–3, pp. 410, 415, 436.</ref> 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 he might put it before counsel, and be instructed as to the objections he might take against it".<ref>{{harvnb|Firth|1893|p=249}} cites Stephen, ''History of the Criminal Law'', i. 367; ''State Trials'', v. 407–460, reprints Lilburne's own account of the trial, and his legal pleas; see also Godwin, iii. 554.</ref> 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:
{{blockquote|
And what, shall then honest John Lilburne die?<br />
Three-score thousand will know the reason why.<ref>{{harvnb|Howell|Cobbett|1816|loc=[https://books.google.com/books?id=XwkyAAAAIAAJ&pg=PT21 p. 408]}}. {{harvnb|Sharp|2004}} cites Woolrych, Commonwealth, 255.</ref>}}

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.<ref>{{harvnb|Firth|1893|p=249}} cites ''Commons' Journals'', vii. 285, 294; ''Thurloe Papers'', i. 367,429, 435, 441; Clarendon, ''Rebellion'', xiv. 52; ''Cal. Clarendon Papers'', ii. 237, 246.</ref> Such was his popularity that two medals were struck in celebration of his acquittal.<ref name=Richards>{{cite web|last=Richards|first=Peter|title=John Lilburne (1615–1657): English Libertarian|url=http://www.libertarian.co.uk/lapubs/libhe/libhe025.htm|work=Libertarian Heritage No. 25|access-date=3 May 2012|archive-date=5 May 2021|archive-url=https://web.archive.org/web/20210505094308/http://www.libertarian.co.uk/lapubs/libhe/libhe025.htm|url-status=dead}}</ref> 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 of London|Lieutenant of the Tower]] was instructed by parliament to refuse obedience to any writ of [[habeas corpus]].<ref>{{harvnb|Firth|1893|p=249}} cites ''Commons' Journals'', vii. 306, 309, 358; ''Cal. State Papers'', Dom. 1653–4, pp. 98–102; ''A Hue and Cry after the Fundamental Laws and Liberties of England''). Consequently Lilburne's attempt to obtain such a writ failed (''Clavis Aperiendum Carceris, by P. V.'', 1654.</ref> On 16 March 1654, the Council ordered that he should be removed to [[Mont Orgueil Castle]], Jersey.<ref>Firth writing in 1893 like many Victorian historians, though that Lilburne was subsequently transferred to [[Elizabeth Castle]]. However this was based on "Thurloe State Papers, III, pp. 512, 629. The index of this volume mistakenly refers to Lilburne as being confined in Elizabeth Castle. The text of the letter from Colonel Gibbon, printed there, gives the place of imprisonment as Mount Neyville Castle (probably a misreading of Mount Orgeuil). The letter is dated 4th June, but since its contents refer to '29th June last', and since the letter which follows very quickly upon it is dated 7th July, it seems probable that 4th June should read 4th July." {{harv|Gibb|1947|loc=p. 327. footnote 2}}</ref> Colonel Robert Gibbon, the governor, complained that he gave more trouble than ten cavaliers.{{sfn|Firth|1893|p=249}}

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.<ref>{{harvnb|Firth|1893|p=249}} cites ''Cal. State Papers'', Dom. 1654, pp. 33, 46; ''Thurloe Papers'', iii. 512, 629.</ref> Lilburne's health suffered from his confinement, and in 1654 his death was reported and described.<ref>{{harvnb|Firth|1893|p=249}} cites ''The Last Will and Testament of Lieutenant-colonel John Lilburne''</ref> His wife and father petitioned for his release, and in October 1655 he was brought back to England and lodged in [[Dover Castle]].<ref>{{harvnb|Firth|1893|p=249}} cites ''Cal. State Papers'', Dom. 1655, pp. 263, 556.</ref>