John Rushworth

Brief biography

Background

Early life

Political involvement

Rushworth's papers

When Charles I was captured, Rushworth began to record details of events leading up to, during and following the trial and execution of the king. His views of Charles I as a king who had declared war on his own people, were later echoed in words by Thomas Jefferson and others when writing about the reign of George III in the Declaration of Independence. Rushworth added his signature to the death warrant that forced the execution of Charles I.

Legal authority

Death of Cromwell

Restoration of the monarchy

During the following years Rushworth lived through the Great Plague that hit London in 1665 and which lasted until the Great Fire of 1666 destroyed many of its rat invested buildings. These two events were recorded in the Diary (1660-1669) of his friend Samuel Pepys. For a time Rushworth retained his seat in Parliament. He was repeatedly elected from 1659 to 1681.

However, his past association with Cromwell and the execution of Charles I eventually drew his fortunes to a close. When Charles II began to regain the full power of the monarchy, he also began to strike out at everyone who had a hand in the execution of his father. John Rushworth and all others branded as regicides, was arrested and sent to the King's Bench Prison in Rule's Court, Southwark where he died aged 78 on May 12, 1690. His body was buried following a small funeral service in the churchyard of St George, Southwark.

Legacy

Excerpt from Rushworth's Historical Collections

1637, February 13: Information was preferred in Star Chamber by the King's Attorney General against John Lilburne and John Warton, for the unlawful Printing and Publishing of Libellous and Seditious Books, Entitled News from Ipswich, &c, they were brought up to the Office, and there refused to take an Oath to answer Interrogatories, saying it was the Oath ex Officio, and that no free-born Englishman ought to take it, not being bound by the Law to accuse him himself, (whence ever after he was called Free-Born John) his offence was aggravated in that he printed these Libellous and Seditious Books, contrary to a Decree in Star Chamber, prohibiting printing without Licenense; which Decree was made this Year in the Month of July, and was to this effect.

That none shall presume to Print any Book or Pamphlet whatsoever, unless the same be first Licensed with all the Titles, Epistles, and Prefaces therewin imprinted, by the Lord Archbishop of Canterbury, or the Bishop of Bishop of London for the time being, or by their appointment; and within the Limits of either University by the Chancellor or Vice-Chancellor thereof, upon pain that every Printer so offending shall for ever thereafter be disabled to exeercise the Art of Printing, and shall suffer such further punishment, as by this Court, or the High Commission, shall be though fitting; that before any Books imported from Foreign Parts shall be exposed to sale, a true Catalogue thereof shall be presented to the Archbishop of Canterbury, or the Bishop of London: And that no Officers of the Custom shall deliver any Foreign Books out of their Hands and Custody, before those Bishops shall have appointed one of their Chaplains, or some other Learned Man, with the Master and Wardens of the Company of Stationers, or one of them be present at the opening of Packs and Fardels, and to view the same.

And those that disobey this Injunction, are to be Censured in this or the High Commission Court, as the several Causes shall require. And if in his Search there happen to be found any schismatical or offensive Books, they shall be brought before aforesaid Bishops, or the High Commission Office, that the Offenders may be punished. That no Person whatsoever shall imprint in the parts beyond the Sea, or Import from thence, any English Books, or whereof the greater part is English, whether formerly Printed or not. And that no Books, whatsover shall be re-printed, although formerly Licensed, without a new License first obtained, upon pain of like Censure and Punishment. And that if, any Person whatsover that is not an allowed Printer shall presume to set up a Press for Printing, of work at any such Press, or Set and Compose Letters for the same, he shall be set in the Pillory, and whipt through the London.

The 13th of February the said Lilburne and Warton were brought to the Bar at the Court of Star-Chamber, and the Court proceeded to Sentence, which you have here in the very words as were entred (sic) in the Registers Book (sic) , written out by Mr. Arthur himself, the Deputy Register, who was an able and friendly Man in his Place. But before they proceeded to Sentence this ensuing Order was read.

In Camera Stellat coram Concilio ibidem 9,die Febr. Anno 13 Car Regis. Upon information this day to this Honourable Court, by Sir John Banks Knight, His Majesties (sic) Attorney-General, That John Lilburne and John Warton, who are now at the Bar of this Court, were the 24th of January last ordered to be examined upon Interrogatories touching their unlawful Printing, publishing and dispersing of Libellous and Seditious Books, contrary to the Decree of this Court, which verified by Affidavit; and being brought up to the Office to appear and be examined accordingly the said Lilburne refused tp appear and both of them denied to take an Oath, to make answer to Inerrogatories, as appears by Certificate of Mrt. Goad: It was humbly pray'd that their Appearance may be Recorded, they being now present in Court and that they may now have their Oaths tendered unto them; which if they refuse to take that then this Court will proceed to a Censure against them for their high Contempt therein, as hath been used in like Cases; which the Court held fit. And hath therefore ordered, That their Appearance shalll be Recorded, as is desired. And for that the said Delinquents do now again most contemptuously refuse to take their Oaths now tenred to them in open Court. Their Lordships have further oredered, That the said Lilburne and Warton shall be remanded to the Prison of the Fleet, there to remain close Prisoners until they conform themselves in obedience to take their Oaths, and be examined and that unless they do take their Oaths, and yield to be examined by Monday-night next, their Lordships will, on the last sitting of this Term, proceed to Censure against them for their contempts therein as desired. Hereupon the Court proceeded to Sentence.

... Whereas, upon Information to this Court ... did, with an unanimous consent, declare and adjudge the Said Lilburne amd Warton guilty of a very high contempt and offence of dangerous consequence and evil example, and worthy to undergo sharp, severe, and exemlary Censure, which might deter others from the like presumptuous boldness in refusing to take a legal Oath; without which many great and exorbitant offences, to the prejudice and danger of His Majesty, His Kingdoms, and Loving Subjects, might go away undiscovered, and unpunished. ... the Court hath further ordered and decreed, That the said John Lilburne shall be whipt (sic) through the Streets, from the Prison of the Fleet unto the Pillory, to be erected at such time, and in such place as this Court shall hold fit. ... And the following Year in Easter-Term, falling on the 18th of April, was this Sentence executed with the utmost gour on Lilburne, who was smartly whipt from the Fleet to Westminster. Whilst he was whipt at the Cart, and stood in the Pillory, he scattered sundry Copies of Pamphlets, (said to be seditious) and tossed them among the People, taking them out of his Pocket; whereupon the Court of Star-Chamber (then fitting being performed) immediately ordered Lilburne to be gagged during the residue of the time he was to stand in the Pillory, which was done accordingly; and when he could not speak, he stamped with his Feet, thereby intimating to the Beholders, he would still speak were his Mouth at liberty; and the Court of Star-Chamber that day made also this following Order.

... that the said Lilburne should be laid alone with Irons on his Hands and Legs in the Wards of the Fleet, where the basest and meanest sort of Prisoners are used to be put, and that the Warden of the Fleet, take special care to hinder the resort of any Person whatsoever unto him, and particularly that he be no supplied with any Hand, and that he take special notice of all Letters, Writings, and Books brought unto him, and seize and deliver the same unto their Lordships; And take notice from time to time who they be that resort to the said Prison to visit the said Lilburne, or to speak with him, and to inform the Board.

Rushworth's observations

Now as to his whipping, observe the distance, from the Fleet to Westminster is about a Mile, that he had 500 Blows (one swears a great many more) with a terrible Corded-whip with knots upon it. Among the Romans no Malefactor had above 40 Stripes, and with three Thongs; and St. Paul received but 39 Stripes, which was but 13 Blows. ... but if our Arithmetick be right, (not to sport with his pain) Lilburne had by this Numeration, three times Five Hundred Stripes in 500 Blows. ... So that to sum up his Sufferings, by Imprisonment he was made a dead Trunk; by whipping, a Rogue; by Pillory, a Cheat; and by Gagging, a Beast. They had better have hanged him outright ...'''

Legacy of this trial

In addition to his defiance of the communication laws of his day, Lilburne also established a precedent for the claim to sovereign individuality by his claim to being a "freeborn Englishman". This theme was carried forward into the birth of the United States of America and Hugo Black (and many others), have cited Lilburne's work as being the foundation for key provisions of the U.S. Bill of Rights. In 1966 the U.S. Supreme Court issued its Opinion in Miranda v. Arizona that the foundation of the right to remain silent (the Fifth Amendment) is founded upon the same case that is referenced by Rushworth. The Court incorporated Lilburne's own words from his 1637 Star Chamber trial as the foundation for its Opinion.

In 1985 during the attempted relauching of Wonderful Radio London this history of Lilburne as a "pirate printer and publisher" came to the attention of its promoters. Together with additional discoveries that Thomas Jefferson was not only related by genealogy to John Lilburne, but that the Jefferson family had adopted the Lilburne name and lived in homes that connected their family line to that of Lilburne, gave rise to the creation of the John Lilburne Research Institute. As previously noted, Jefferson bought copies of Rushworth's Historical Connections for his own library, and when the original Library of Congress was burned to the ground by the British, Jefferson sold his library (with the Rushworth publications) to the U.S. government to create a new Library of Congress.

Reference:

See also: