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 wholly2 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,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.
5Articles 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,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 in7 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.
89. 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.
9The 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,
8The 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 up9 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,
Then Lilburne being commanded to withdraw the Court, entred12 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 the13 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 wiſdoms14 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.