The Conviction and Arraignment of
Britannicus and
Lilburne.
WITH An Answer to a Pampulet entituled, The
Parliament of Ladies.
THe well-affected party in and about the city of London, finding by too common experience, that the fames of divers upright and honest men were daily bespattered, and the faithfulnesse of divers reall Patriots weekly calumniated by divers envious depravers, and presumptuous over-weening Libellers; to take away so great a reproach, and for the future to impede the inevitable rents and distractions that would happen, occasioned by these mens lying reports, petitioned His Majesty, that a body of learned men might be admitted to assemble together in a Court of Judicatory, there to summon before them, the chief broachers of vaine and altogether unsufferable leasings; and that having examined them on strict interrogatories, they might according to their deserts, receive censure, and suffer condigne punishment.
His Majesty cheerfully assenting, these men were chosen as Members of the Court: Philoparthen a Poet, Sozimus a Lawyer Soranzo a Philosopher, and Philo as Antiquary, with divers others.
The Members being assembled, they had some debate about choosing their Judge; some pitched upon Bathillus, but it was objected, that his fancie was wholly [Page 2] taken up in compiling the third part of his Night-Search, and that it was likely, if his expression were to be measured with his muse, he would bestow many houres in talke, and yet utter but few words; and therefore he was utterly uncapable of the place. Then they thought of electing Mantuan, but it was soone waved, on consideration that he might be imployed in finishing his Pastoralls of Britannia; and his Muse having hitherto but sung of Pan, and of imaginarie Groves, he could not be acquainted with a refined dialect.
At last they concluded, that the golden-mouth'd Linus, who had so sufficiently manifested his Oratory in his excellent Madagascar, and his Albovine, was the fittest man on earth to be their Judge; and therefore they ordered that Catzius, who had so profoundly shadowed himselfe in Emblems, should be dispatched with Letters into France, imploring Her Majesty of Great Britaine to part with her Poet one Moneth, the time limited for the sitting of that Court.
Her Majesty was graciously pleased to dismisse her beloved Bard, who was as welcome to the Members of this imaginary Court, as ever Apollo to the Heliconian Damsells: he being invested on the Bench, they ordained Catullus to be Clerk of the Assize, John Taylor to be Doore-keeper, and Martin Parker to be Subfizer, and carry out the offall.
All things being conveniently disposed of, meet for the effecting of those affaires, ready to be taken into consideration; the Court sate, and first fell into debate, what penalty ought to be inflicted on those that should derogate from the honour, or cast aspersions on the names of any either noble or vertuous: then Sozimus after a silence commanded, began to say;
Sozimus his Speech.
IN this last and worst of ages, time being growne sickly and humerous, it is not sufficient, that we have each man sharpened a sword to slay his brother, and have tired our selves with destroying eveay man his friend; but now wee set on foot a worser fiercer warre, a warre of the pen; every man that hath but sufficient ability to spell his owne name right, and to subscribe to an acquittance, summons his wits, and hee will needs bee invective against some one, and divulge his folly in print. Divers wholsome Lawes have been enacted by our Predecessors to remedy this evill, and to curbe the boldnesse of Libellers: See the Lawes of King Alfred, Chap. 28. where it is said, that the Authour and spreader of false rumours among the people, had his tongue cut out, if hee redeemed it not with the price of his head: And againe by the Statutes at Westminster, first made 3 Edw. 1. c. 33. 2 Rich. 2. c. 5. 12, &c. and Eliz. Chap. 7. which Statutes yet remaine in their full force and vertue, it is enacted and strictly defended, upon grievous pain; that from henceforth none shall be so hardy as to contrive, speak, or set forth any false newes, lies, or tales of Prelates, Earls, Dukes, Barons, or great men of the Realme, whereby debates, discords, or slanders may arise, betweene the King & his people, and the Lords, Nobles & Commons, [Page 4] to the ruine and quick destruction of the Realme, if remedic were not provided: and he that shall offend therein shall be kept in prison untill he brought him forth in Court that first did speak and report the same; and if he cannot bring him forth, then he shall be grievously punished, according to the nature of the offence, &c. by which it appeareth, how hainously our Ancestors, the States of this Land in former time, were offended with Slanderers and Libellers; and what an infallible president we have before our eyes, to prosecute with all vigour against the Revilers and Calumniators of our dayes. Let us therefore with all convenient speed summon before us the persons of those the most notoriously known, to be active in this kinde, and proceed against them impartially, handling them so severely, that the after-times may wonder at the severity of our justice.
The Court allowed of Sozimus his Speech, and ordered Catullus the Clerk of the Court the next day should exhibit a Bill, including the names of the remarkable offenders in that kinde, with the nature and quality of their crimes, and so for that day adjourned their Court.
Next day the Court met againe, and the Judge received three Bills from the Clerks against Lilburne, and the other against an Author then unknowne, the Writer of a Pamphlet entituled, The Parliament of Ladies; the Court commanded them to be read, and the Clerk began to read these ensuing Articles of high Treason drawn up against Britannicus.
[Page 5] Articles of high Treason charged on the exorbitant Reviler Britannicus.
1. That hee the said Britannicus contrary to his Oath of Allegeance, had proclaimed the King to have forfeited his power, and that none ought to yeeld him subjection.
2. That hee the said Britannicus vilified his Soveraignes wife, mentioning her name in an unseemly and unruly Dialect.
3. That he the said Britannicus had taken away the good names of many eminent and worthy persons, and upon all occasions reviled, abused and contemned many right honourable Personages of His Majesties Privy Counsell.
4. That for many moneths he was a constant Shimei, a Rabshekah, and an Aretine, and in some respects was as great an Incendiary as the most perverse and evill Counsellour about His Majesty.
After the Clerk proceeded, and began to read the Articles drawne up against the obstinate and refractory Col. Iohn Lilburne.
1 That he the said Iohn Lilburne advanced to a Commander from being a Servitor, had not dealt so punctually, nor mannaged his actions so faithfully, as was requisite for the attaining of those immunities, for which he went forth, as otherwise he might have done.
2 That he the said Lievt. Col. Lilburne, according to his demerits, justly shut up in prison, ceased not continually to divulge Pamphlets and Papers, of very dangerous and evill consequence, and tending to steale away the hearts of the people from their Rulers, and to make the high Court of Parliament as odible in their eyes, [Page 6] as ever was the High Commission or Star-Chamber.
3 That the said Col. Lilburne had revolted from his principles, and of a seeming helper, was become a furious demolisher, and that he had showne himself a perfect temporizer.
4. That he the said Col. Lilburne had assayed to eradicate, even the very fundamentall Lawes of the Land, to root out Monarchy, and set up Anarchic, as in his Free-mans Freedome vindicated, pag. 11. where he desperately inveigheth against all power and authority what soever, both divine and humane, and therefore in so doing his fact was treasonable.
5. That he the said Colonell Lilburne, in a book intituled, A Remonstrance of the free-borne people of England, maintaineth a doctrine never before heard of, which overturneth all Law, and breaketh in pieces the sword of Justice, and openeth a gap to all licentiousnesse, exorbitancie, and prophanenesse, saying, that the body of the People may do that of themselves, which their Deputies, Trustees, Representators, chosen ones doe for them, onely for greater conveniency they depute them, and they may go no further in any thing, nor sit no longer, nor dispose of any thing, but according to their commission and power received from the represented, and that the State universall, the body of the common People, is the earthly Soveraigne Lord, King, and Creator of the King, Parliament, all Officers, Ministers of Justice, underived Mejesty, and Kingship inherently resides in the State universall, the common People, &c.
6. That the said Col. Lilburne hath most traiterously and vilely spoken against the Kings Majesty, in his late printed book called Regall Tyranny discovered, as in [Page 7] Page 14. We may see, he saith, The office of a King is not in the least of Gods institution, neither is it to be given to any upon earth. And p. 56, 57. he saith of the King in these words, Charles Stuart hath committed Treason against the Kingdome of England, &c. and that he is guilty of all the innocent blood shed in England, Scotland, and Ireland, since the Wars, which is the blood of thousands, for which if all the sons of men should be so base and wicked as not to doe their duty in executing justice upon him, which legally may and ought to be done, by those especially who have power and authority in their hands, yet undoubtedly the righteous God will, and I am confident in an exemplary manner in despight of all his wicked protectors and defenders.
7. That the said Col. Lilburne now arrived at the height of impudence, layeth the cause of the Parliament against the King in the one scale, and the cause of the oppressed people of England, enslaved by them, in the other scale, and censureth, that the Commons of England are now more burthened by them, then ere they divulged they were by the King, and have the same and greater reasons to fight against them, who have entred themselves into a conspiracie, and are become a company of lawlesse, unlimited, & unbounded men, setters up of the highest Tyrannie that can be set up in the world, who have no rule to walke by, but their owne corrupted and bloody wills, and are a company of devouring Lions, ravening Wolves, and crafty Foxes, as pag. 7. of his last Book, intituled, Oathes unwarrantable.
8. That he the said Col. Lilburne, to the disgrace of Christianity, and all inlightned men, who know that they are forbidden to raile on those that are in authority, no, although their Government were vitious and tyrannicall, according to the example of Saint Paul, who excused himselfe, when he had but in a slight manner something taunted Ananias, hath avouched he will maintaine the Parliament to be degenerated into the most notorious pack of tyrants, that ever in the world were assembled together since Adams Creation, minding visibly nothing in the world but pleasure, oppression, cheating and cozening the whole Kingdome of its treasure and revenues, trades, lives, bloods, liberties, and properties, for which he censureth them, to deserve nothing but to be pulled out by the eares, and throwne out to the dunghill, and be trodden under foot by all men, &c. as in his Book aforesaid, pag. 38.
[Page 8] 9. That he the said Col. Lilburne hath endeavoured to perswade the people, the Parliament of England are no longer a Parliament, and in his Book afore-mentioned, pag. ibid. have forfeited their essence, and absolutely nullified the end of their sitting, and are from a company of faithfull Shepherds, become a company of devouring Lions, and rauenous Wolves; and because they are so, he adjudgeth them to be worried to death with mastiffe-dogs, (which alas, cannot but be too weak to encounter them) and that by them they should be worried and pulled in pieces.
The Court taking into consideration the substance and import of the several Articles, Ordered the principal Heads of them to be drawn up, and a Messenger to be dispatched, with plenary power, to bring the bodies of the three Libellers before-mentioned, to answer each of their offences at their Bar, the next ensuing day, and so for that day adjourned.
The next day the Court being sate, Britanicus and Lilburne were at hand to shew themselves, but the Author of The Parliament of Ladies could not be found, although diligent search was made for him; The Messenger related to the Judge, and the Judge to the Bench, that they had brought the two Incendiaries, Britanicus and Lilburne, who were ready to attend at their Bar, and that they had more to doe to bring Lilburne, then to find Britanicus; for the one alledged, that it was a breach of Magna Charta, for any free-man of England, to render an account of his actions, or to suffer punishment for any crime, were it never so hainous, and therefore they were inforced to ravish his person, and bring him perforce before them. That they found Britanicus in his bed, in to deep a studie, that at their approach he scarcely credited his eyes; that they guessed by the papers which they then had seized on, that he was deeply projecting how to find a clew, which might guide him out of that labyrinth in which he had involved himselfe; and that his papers imported, that he had a purpose, so he could slip his owne neck out of the coller, to leave others therein, though they were strangled, to lay his guilt on them that had hired him to ra [...]le, and proclaime himselfe a transcedent Rebel, a reviler of his Soveraigne for money.
[Page 9] The Judge then commanded Britanicus to be brought to the Bar, and caused the Clerk of their Court to read his Charge, upon which Philo thus inferred:
Behold the man before you, who hath made the Natives of great Britaine a mockery, and a word of reproach to all Nations, who hath dared to flie in the face of his Maker, to contemn, accuse and vilify his Soveraigne with such invective taunts, and reproachfull termes, that not all the Histories in the world report of one in any age so desperately inclin'd, and impudently incorrigible; he hath hitherto escaped the hand of justice, and hath nourished himself (no doubt) with vain hopes, that he should never render an account for his insolencies; but now the time is arrived, that he must suffer for his sinnes, and be made an example of justice to posterity.
Britanicus having heard his charge read, with Philos speech, most lively characterizing him, was licenced to answer for himself, who no lesse bold of speech, then impudent in writing said,
My worthy and learned Judges, it doth not the least affright me to render an account to you, whom I know to have drank deep of the Pierian fount, & to be conversant with the Muses, knowing my Annals compriz'd in poetick prose, have been indeed but dissolved verse: And that I bare away the palm from the whole crowd of Pamphleters; the Diurnal, the Weekly account, Rusticus, Hybernicus, Civicus, and the London post, they were but silly empty Chroniclers, I Lord predominant, sententious, as well as narrative. O Chaucer and thy Genius, help on my tale: I confesse I was bold and invective; he that undertakes to encounter Majesty, must not be shaken with Pannick fear; I esteem it my chief glory, that I shall be the sole wonder of the next Age, and be stiled THE PRINCE OF LIBELLERS: His Majesty hath ample cause to applaud my veine, for if he consider rightly, my lines not so Eclipsed his glory as they advanced his cause, so that forraign Nations, were it for my sake onely, will tearm his war just.
Soranzo answered,
‘You see the fellow's bold confidence; to be impudent in an errour is unsufferable; mix your votes, and Doom the Libeller according to his merits.’
[Page 8] The Court then commanded him to withdraw and resolve upon the question, that forasmuch as Britanicus persisted in his errour, and confirmed the same with pride, his own mouth had judged him, and therefore they gave Sentence, that he should be drawn on an hurdle from Newgate to Tyburne, by a Lyon and an Asse, with a paper on his brest, bearing this inscription, THE BLASPHEMER OF GOD AND HIS ANOINTED. And being arrived at the triple tree, to be fastned by the neck with an iron coller, and so hanging between Heaven and earth, as unworthy of both, a soft fire kindled beneath him, to scorch and puffe up his skin, and one in the shape of a furie to prick his imposthumated flesh, with a sharp bodkin, till the expired, that he might despaire, and be sensible of the paines of hell he was to suffer eternally.
He being dismissed, and signed with the Character of death, Lilburne was brought to the bar, who being commanded to kneel, refused to do it, having had formerly denyed to yeeld homage to an higher Judicature: therefore to them he would not bend the knee, on which occasion of his unwarrantable obstinacy Philoparthen answered,
WORTHY SIRS,
You see the perversnesse of this man, now Englands chief and prime Incendiary, who hath hitherto occasioned a prolix multitude of sorrowes, to scourge our Nation: one who hath made it his chief imployment to revile and caluminate, this is the man that hath railed against the Government of the Church of England, terming it Antichristian, and Diabolicall, this is the man that hath sold the Englishmans Birth-right for a mess of pottage, when he wrote Englands Birth-right, pretending to Vindicate their Rights, whose very breath is contagious, and whose papers, sent from so unsetled a person, have fired the brests of the Commons of this. Kingdome with an Epidemick heat, whose insolencies should I relate, the naration thereof would be sufficient to pervert your senses, and to shake in sunder the supporters of this square roof; he hath a long time been mew'd up, and hath triumph'd hoping that his own faction in despight of justice, would guerdon him, and render him guiltless: the fates have suffered him to persist, till he hath filled up [Page 9] his measure of sinne, brim-full, and running over, and now have given up, to suffer condigne punishment.
Sozimus answered, Although his actions merit not, that he should have admittance to reply, but to be seized on by the rough hand of justice, yet it will not be an errour, if we suffer him to speak for himself, and hear from his own mouth.
Lilburne nothing daunted, custome having imboldned him, not to be affrighted at the stern looks of his Judges, began to say as followeth.
God the absolute Soveraigne Lord of all, having created one man, even Adam, invested him with Power and Authority to regulate, command, & subject all beasts of the field, creeping things, and fishes, &c. But he made not the least mention that any should esteem another man to be Inferiour to himself, or that his successive posterity should be distinguished by verball Titles, and Lordly Commands, neither hath any power, neither can they execute any, but meerly by institution or Donation: and it is unnaturall, irrationall, sinful, wicked, and unjust, for any man, or men whatsoever, to part with so much of their power, as shall enable any of their equals to question, doom, and inflict punishment upon them; and it is also unnaturall, unjust, sinfull, wicked, and devilish, for any man whatsoever, Spirituall, Temporall, Clergy-man or Lay-man, to appropriate and assume to himself, Power, Authority, and Jurisdiction, to rule govern or reign over any sort of men in the world; and whosoever doth it, whether Cleargy-man or Lay-man, endeavours to appropriate & assume to himself the office and Soveraignty of God, which was the sinne of the devils, therefore I appeal from you, as not being Idonci, & competentes Judices, and I stand at the Judgement feat of God, unto whom onely I ought to render an account.
Soranzo retorted,
‘Gentlemen, you see the man still retaineth the same Soul that he harboured, when he appealed from the sentence of the House of Lords assembled in Parliament, but now he may not escape with so mild a censure as onely to be amerced and confined, he is the onely disturber of mankind, that is now visible, Britanicus being taken away, proceed we according to his Crimes.’
Then Lilburne being commanded to withdraw the Court, entred [Page 12] into serious consultation to determine what punishment wa [...] most meet to inflict on so notorious a Libeller, and after some expence of time, gave the result thus.
That forasmuch as Lilburne had both abused Mars, and vilified Mercurie, the one by his temeritie, when fighting, the other by his debility, when writing; they ordered, that during his abode on earth, he should be confined to an high Turret, so to penetrate his mind with an hate of his ambition, that he should be girt with a wooden sword, sheathed in an earthen scabberd; his meat to be the carkasses of Ravens, because he had made such fatall musick, and was still croaking against his Superious; of windfuckers, because he took pleasure to beat the ayre: of Eagles because he hath wounded many with his tallons: and of Canarie birds, because he could fing songs pleasing, to contrary-minded parties: his drink they ordered, should be taken out of the river A flood that whosoever drinks of, his guts by degrees, congeal to stone. Ciconia, and spiced with the powder of Mandrakes, for that his voice was ominous, with some quantity of the juice of the herb called Hellebore, for that it might be possible in time, he might be purged of his madness: his bed they ordered should hang by Pullies betwixt the roof and the floor, and so fashioned by cunning workmen, that it might continually move, and falsie from one side to another, to put him in mind, that as by his poysonous Rethorick he had rockt others in the Cradle of security, and sent them in a sleep to hell, so himself was now sailing to the invisible land: Moreover they ordered, in derision of his Pamphlets, & to launce his imposthumated conceit of his own worth, that the pictures of Orpheus and Homer, of Austin and Ambrose, of Livie and Seneca, compassed about with Apollo, and the nine Muses, should be pourtrayed on the wall, their faces vailed, and darts in their hands, having this motto ingraven, in letters Capitall over their heades.
After Lilburns sentence was confirmed, and he given into the [Page 13] hands of those who were commanded to shut him up, and inflict upon him the unheard of punishment, the Court took into consideration the transcendant crime of the Author of that abusive Pamphlet, intituled the Parliament of Ladies, and commanded the Articles drawne up against him to be read, which were,
1. That he the said Author, though he had shadowed his spleen very covertly, and darted his thunderbolts unseene, bad very grosly and impiously abused the Parliament of England, in particular, divers honourable Lords, worthy Knights, vertuous Ladies, and well descended Gentlemen.
2. That he had cast aspersions on his Highnesse the Prince Elector, taxing him of libidinousnesse and incontinencie with divers Ladies.
3. That he had abused the Right Honourable the Lord Rich, the Lady Cockham, and the Lord Cambden.
4. That he had abused the reverend Doctor Sibballs, not sticking to aver, that he had lately beene in Cornelius Tubs , and that the Lady Kensington was much delighted with M. Saltmarsh his performances.
5. That he had grossely vilified the Lady Cobham, averring, though mysteriously, that she had three Children not by her Lord, but her Lemman.
6. That rowing one way, and looking another, he had revil'd, despis'd & jeer'd even the Parliament of England, questioning their Orders in dark speeches, censuring their Actions under feigned names, and deriding their persons by a wilfull mistake.
The Court taking into consideration, the substance and import of the severall Articles, Ordered, that in regard the said Author was not to be found; diligent search should be made for him, and that so soone as he shall be seized on by the rough hand of justice, he should be imprisoned in Newgate untill those Ladies whom he had taxed of incontinencie and other grosse crimes, should be assembled in some convenient place, where they shall think fit, and each Lady being seated round, that he the said Author, with his hands and feet bound, be thrown in the midst of them, and from them to receive his doom, according as the wisdoms [Page 14] domes of the said Ladies shall think fit, the honourable Lords, and worthy Ladies, needing not to suspect, but he the said Author shall undergoe the severest censure, and have his soule divorced by some unwonted torture.
These things thus prudently handled, and the Libellers according to justice doomed, the Members dispersed themselves, each to his owne abode, supposing that nature could not produce such another trinity of Libellers, as the Hue and Cry. Englands Birthright, and the Parliament of Ladies.