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Camden New Journal - By DAN CARRIER
Published: 17 January 2008

John Lilburne

‘Courts always ought to be free and open’

IN a bid to have all the trial heard in public, defence QC Geoffrey Robertson cited the words of John Lilburne, a 17th century radical, MP and author who penned tracts on the English Constitution.
Lilburne, nicknamed Freeborn John and a key figure in the Civil War, was brought before the Star Chamber in 1649 accused of libel.
Mr Robertson told the court: “The open justice principle [has been the] fundamental constitutional rule in this country since the Middle Ages. Even the Star Chamber heard all cases in public. So given was public hearing that John Lilburne stated the right at his libel trial in 1649: ‘The court must uphold the first fundamental liberty of an Englishman, that all courts of justice always ought to be free and open for all sorts of peaceable people to see, behold and hear, and have free access unto; and no man whatsoever ought to be tried in holes or corners, or in any place where the gates are shut and barred...”
The court hearing the libel case ruled that the gate must remain open “that all the world may know with what candour and justice the court does proceed against you”.

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