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utly maintained the doctrine that the jury had a right to judge of the law as well as of the fact. It was in vain that the court pronounced this opinion "the most damnable heresy ever broached in the land," and that the government employed all its influence to win or intimidate the jurors; after a trial of three days, Lilburne, obtained a verdict of acquittal.[1] Whether after his liberation[a] any secret compromise took place is uncertain. He subscribed the engagement, and, though he openly explained it in a sense conformable to his own principles, yet the parliament made to him out of the forfeited lands of the deans and chapters the grant[b] of a valuable estate, as a compensation for the cruel treatment which he had formerly suffered from the court of the Star-Chamber.[2] Their bounty, however, wrought no change in his character. He was still the indomitable denouncer of oppression wherever he found it, and before the end of the next year he drew upon himself the vengeance of the men in power, by the distribution[c] of a pamphlet which charged Sir Arthur Hazlerig and the commissioners at Haberdashers'-hall with injustice and tyranny. This by the house was voted a breach of privilege, and the offender was condemned[d] in a fine of seven thousand pounds with banishment for life. Probably the court of Star-chamber never pronounced a judgment in which the punishment was more disproportionate to the offence. But his former enemies sought [Footnote 1: Journals, 1649, Sept 11, Oct. 30. Whitelock, 424, 425. State Trials, ii. 151.] [Footnote 2: Whitelock, 436. Journ. 1650, July 16, 30.] [Sidenote a: A.D. 1649. Dec. 29.] [Sidenote b: A.D. 1650. July 30.] [Sidenote c: A.D. 1651. Dec. 22.] [Sidenote d: A.D. 1652. Jan. 15.] not justice on the culprit, but security to themselves. They seized the opportunity of freeing the government from the presence of a man whom they had so long feared; and, as he refused to kneel at the bar while judgment was pronounced, they embodied the vote in an act of parliament. To save his life, Lilburne submitted; but his residence on the continent was short: the reader will soon meet with him again in England.[1] The Levellers had boldly avowed their object; the royalists worked in the dark and by stealth; yet the council by its vigilance and promptitude proved a match for the open hostility of the one and the secret machinations of the other. A doubt may, indeed, be raised of the policy of
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