Discover of the Prelates Tyranny

To the Courteous Reader.

K Inde Reader, I here present thee with a late tragical History, or new Discovery of the Prelates tyranny, in their unjust Prosecutions, and bloody Persecutions of three eminent persons of the three most noble Professions in the Kingdom, Divinity, Law, Physic; all suffering together on the Pillory (much honored by them, and they by it) & losing all their Ears at once, to make themselves hear better, and the Prelates worse. Such a spectacle both to men, and Angels, no age ever saw before; and posterity is never like to behold hereafter. To hear of Lord Bishops metamorphosed into ravenous Wolves, is no Noveltie; they have been thus in every age, and will be so, whiles they have continuance: But to see them mounted to such an Altitude Altitude of Authority, and Tyranny, as to crucify Divinity, Law, Physic on the Pillorie together, and to make Judges, Peers, and Courts of Justice, if not Soveraignitie it self, the executioners of their Malice, cruelty, and private revenge, by such extravagant and untroden courses as were unknown to our Ancestors, is such a prodigious Innovation, as neither Africa nor England ever beheld the like; and never had been brought forth into the World, had not a venomous Archprelate proved a Father to engender, a Mother to foster, a Midwife to produce and bring it to its birth.

But alas poor silly Politician! whiles he sought these innocents ruin by those unwarrantable practices, he laid but the foundation of his own overthrow; in the snare that he laid for them, is his own foot taken, into the pit that he digged for them, he is fallen himself; his snares are broken, they are escaped, and he now lies entangled in them; he is cast down and fallen, but they are risen & stand upright; his mischief now returns on his own head, and his violent dealing comes down upon his own pate; evil now hunts this man of violence to overthrow him, and the mischief of his own lips doth cover him. As he hath done, so God hath requited him. Whiles he made hast to shed their blood, he did butlie in wait for his own; And he that did violence to the blood of these persons, now fleeth to the pit, (as God hath threatened) let no man stay him; but let all stand admiring God's Justice upon him, and his admirable providence, and mercy in preserving, delivering, and acquitting them from his unjust censures, and that in the highest Court of Justice, without one negative voice. The manifestation of this remarkable Justice, Mercy and Providence of our great God, ( glorious in holiness, fearful in praises, working wonders; not only of old, but at this present, even in all our Eyes, doing great things for these Patients, for the whole Land, whereof we rejoice ) was the chief end of publishing this Discovery, whereby to daunt all graceless Persecutors, and cheare the souls of all sincere professors. If thou reap Benefit or Comfort from it, let God enjoy thy praises, the Compiler hereof thy prayers.

A New Discovery of the Prelates tyranny, in their late prosecutions of Doctor Bastwick, Mr. Burton, and Master Prynne.

T HE now Arch-bishop of Canterbury, with some other Prelates of the Arminian combination, maligning Master Prynne, & Master Burton, for some books they had written against the Arminians and D. Cozens his private Devotions; about 12. years since, getting the rains of Ecclesiastical authority into their own commands, prosecuted them several times and terms in the High Commission, for those their profitable, and innoxious books: whence being delivered by prohibitions, granted them out of the Kings temporal Courts at Westminster; these Prelates grew more enraged against them, watching every opportunity, and laying hold on any occasion to work their ruin. Master Prynne not long after, about Christide 1632, published a book against common Interludes, entitled, Histrio-Mastix, licensed for the press by one Master Buckner, house-hold Chaplin to the then Arch-bishop of Canterbury, Abbot; and published with his approbation, after serious perusal thereof, both in the written, and printed copy. It came to pass, that some six weeks after the publication of this book, the Queens Majesty acted a part in A pastoral at Somerset-house; and there being some passages in this book against Women-actors, among the ancient Romans, Grecians, and Spaniards, quoted out of Fathers and foreign authors; and this reference to them in the Table of the book, Women-actors notorious whores, relating to those Women-actors only whom these authors thus branded; Canterbury & the prelates by their instruments, the next day after this pastoral acted, carrying Master Prynne's book to his Majesty, shown him some of those passages, especially that in the Table, and misinformed his Highness • and the Queen, that Master Prynne had purposely written this book against the Queen, & her pastoral; whereas it was licensed, and most of those passages printed near two years before; and the whole book finished at the press at least three months, and published six weeks before the personating of this pastoral: But this misinformation only exasperating the King and Queen against Master Prynne for the present, and not taking effect to work his restraint, their Majesty's being truly informed by others, that this book was written▪ and printed long before this pastoral was thought of; the now Archbishop thereupon caused Doctor Heylin (whom Master Prynne had refuted in that book by the by▪ in a point concerning Saint George. ) to collect such passages out of the book, and digest them into several heads, as might draw Master Prynne into Question for supposed scandals therein of the King, Queen, State and Government of the Realm▪ Hereupon the Doctor draws up such Collections, digested into seven heads, with his own malicious Inferences upon them, not warranted by Master Prynne's Text, and delivers them in writing to Secretary Co • ke, and the Arch-bishop. The prelate thus furnished by his minion, takes M ^r . Pryns book, and these collections, and repaireth with them, on the second Lord's-Daymorning in Candlemas Tearme 1632, to Lincolns Inn, to Master Noy then Kings Attorney general; and keeping him on that sacred day both from the Chapel and Sacrament, (which he then purposed to receive) shown him the said book and collections of some passages out of it, which he said, his council informed him to be dangerous: & charged him on that duty he owed to his Master, the King, to prosecute Master Prynne for the same. Master Noy before this, had twice read over the said book very seriously, and protested, that he saw nothing in it that was scandalous or censurable in Star-Chamber, or any other Court of Judicature; and had thereupon commanded one of the books (which Master Prynne delivered him) to be put into Lincolns Inn library for the use of the house; in so much that he was so discontented at this command of the Arch-prelate, that he wished he had been twenty miles out of town that morning. But being commanded he must obey; and within few days after, Master Prynne, by this prelates instigation, was sent for before the Lord's to the inner Star-Chamber, and by them sent prisoner, with 4. of the Kings Guard to the Tower of London, on Feb. the first 1632, with this warrant, to which this prelates hand among others, was subscribed.

BY force of this general warrant, against Law, wherein no cause of co •• itment is specified, Master Prynne was kept pri •••• r in the Tower, without bail or maineprise, notwithstanding his oft petitions for release absolute, or upon bail, till Master Noy, (sending for the said Heylins collections,) exhibited an Information against him in the Star-Chamber for his said licensed book the 21 of Inn following, and prosecuted it so, that not permitting Master Prynne to be bayled, not yet so much as to repair to his Counsel, with his keeper; on the 17 of Feb. 1633. he procured this heavy sentence against him in that Court: That Master Prynne should be committed to prison during life, pay a fine of 5000 pounds to the King, be expelled Lincolns Inn▪ disbarred▪ and disabled ever to exercise the profession of a Barrister; degraded by the University of Oxford, of his degree there take •• ; and that done • e set in the Pillory at Westminster, with a paper on his head declaring the nature of his effence, and have one of his Ears there cut off, and at another time be set in the pillory in Cheap-side, with a paper as aforesaid; and there have his other Eare cut off; and that a fire shall be made before the said pillory, and the hang-man being there ready for that purpose, shall publicly in disgraceful manner, cast all the said books which could be produced, (to gather up which, Messengers with special warrants, were sent to bookesellers into divers Counties) into the fire to be burnt, as unfit to be seen by any hereafter; no particular passages of the said book, on which their unparallelled sentence was grounded, being so much as mentioned in the Information, replication, or decree as by Law they should, and doubtless would have been, had they been really effensive, demeriting such a Censure. But the innocence of these misconstrued and perverted passages (being for the most part the words of other approved authors,) was the cause of their concealment and not recording: and though many of the Lord's never dreamed of any execution of this hard judgment, and the Queen (whom it most concerned) earnestly interceded to his Majesty to remit its execution; yet such was the prelates power and malice, that on the seventh, and tenth of May following, (even in cold blood) it was fully executed with great rigor. Whiles Master Prynne's wounds were yet fresh and bleeding, within three days after his execution, this Arch-prelate of Canterbury, to add more weight to his affliction, against all Law and equity, when there was no suite pending against Master Prynne in the High Commission, & his fine in Star-chamber un • streated, granted this warrant out of the High Commission for the seisure of the books of his study, (conveyed to his Tailors house in Holborne ) of which his spies had given him Intelligence.

BY virtue of this warrant one cartlode of Master Prynne's books were there seised, and carried away by Cross; of which Master Prynne complaining, the Archbishop in the open Court in Star-Chamber denied the granting of this warrant, though yet extant under his hand, and promised present restitution of the books; and yet gave under hand order for detaining them till they were extended, and sold for Master Prynne's fine in Star-Chamber; such saith and truth is there in Prelates words and actions. Master Prynne remained sundry years a prisoner in the Tower by force of the former censure: during his imprisonment 〈◊〉 , the prelates brought Doctor Bastwicke into their High Commission Inquisition, for his Elenchus papismi, and Flagellum Episcoporum Latialium: and there▪ without any just ground or cause at all, passed a heavy and unjust censure upon him; by virtue whereof he remained close prisoner two years in the Gate-house, the limbus pat •• m of our ghostly fathers; where he writ a latin book sti • ed, Apologeticus ad praesules: Anglicanos, dedicated to the Lord's of Council, declaring the injustice of the proceedings and censure against him in the High Commission, which was printed, and a letany in English. Not long after Master Burton upon the fifth of November, 1636. preached two Sermons in his own parish-Church in Friday-street in London upon Prov. 24. 21. 22. My son fear thou the Lord, and the King, and meddle not with those that are given to change, &c. wherein he laid open the Innovations in doctrine, worship and ceremonies, which had lately crept into our Church, and wished the people to beware of them, The Archbishop hearing of it, causeth Articles to be drawn up against him in the High Commission, and summoned him to answer them, out of term, before Doctor Ducke, at Cheswick; where he appearing, instead of answering, appealed to the King, which appeal was formally entered by the Register: yet notwithstanding, within 15. days after, they summoned him to appear before a private Commission at Doctors Commons, by direction from the Arch-bishop, and there suspended him, both from his office and benefice, and granted out attachments to apprehend him: he hereupon keeps his house, prints his Sermons, with an Apology, to justify his appeal; which he dedicated to the King, with Epistles to the Lord's of the Counsel, to whom his wife presenting some of those printed Sermons, by his direction, was committed by the Lord's for her pains. The High Commission pursevants not daring to break open Master Burtons doors to apprehend him, the Archbishop, and Bishop of London made a warrant to one Dendy a serjeant at arms, to apprehend him, of which this is a true Copy.

BY force of this illegal warrant (expressing no cause of Master Burtons apprehension as by law it ought) serjeant Dendy came to Master Burtons house in Friday-street, the same evening between ten and eleven of the Clock at night, accompanied with Alderman Abel▪ then Sh •• iffe of London, and diverse armed Officers and Pursevants, and be ••• ting his house, violently broke open his doors with Iron Crowes, and attached him in his house, he making no resistance: and the High Commission Pursevants entering in along with him, by warrant from the High Commission under Canterburies hand and others searched his study, and took away such books, and papers with them as they pleased, and Master Burton that night was lodged where the preachers at Paul's-Cross were entertained, and there kept prisoner till the next day, when instead of being brought before the Lord's as this warrant required, he was by another warrant, without any cause expressed, committed close prisoner to the 〈◊〉 , the Copy whereof (to which Canterbury's 〈…〉 ) here followeth.

MAster Burto • • ereupon was shut up sundry weeks close prisoner in the Fleet, so as neither his wife nor friends could have free access unto him. In the interim, between his Sermon preached and his imprisonment, two books, the one entitled, A Divine Tragedy, containing a Catalogue of God's late Judgments upon Sabbath-breakers, the other News from Ipswich, discovering some late Innovations in Religion brought in by the Prelates, and some extravagancies of Bishop Wren in his late Visitation, were published in print, without any Authors name annexed to them, wherewith the Prelates were much vexed and perplexed. And consulting with themselves which way to vent the extremity of their malice upon Doctor Bastwick, Master Burton, and Master Prynne, they at last resolved to exhibit an information against them into the Star-Chamber in Sir John Banks his Majesty's Atturnies name, with these two last named books, Doctor Bastwicks Apology and Litany, and Master Burtons Apology of his appeal, and two Sermons, thereto annexed, which was done accordingly. This information was exhibited into that Court the eleventh day of March 12. Caroli, in the Vacation time, against these three Gentlemen, and others, who were ordered to appear and put in their answers to it immediately. They, served with Sub-poenas returnable immediate, contrary to the usual proceedings of the Court, refused to appear (being all three prisoners, and two of them close prisoners, before,) unless they might have liberty of access to counsel, to advise and assist them in their answers, it being the Prelates aim to deprive them of this liberty; Of which the Lord's being informed, made this ensuing order; wherein, though they granted them access to Council, yet they denied them the liberty of conferring together at Counsel, though joint defendants (who might have jointly answered) contrary to the rules of Law, and all former presidents. One Copy of which order (sent indifferently to their three distinct prisons) I shall here annex.

THe Prisoners upon this order having liberty to go abroad with their Keepers, first repaired to the Lord Keeper, and petitioned for counsel to be assigned them: which granted, they repaired to their counsel at Lincolns and Grayes Inn, where meeting together, and conferring a short speech (in the presence of their keepers) with their counsel, notice thereof was immediately given to the Archbishop, whereupon their Keepers were sharply checked, and charged not to permit them to meet or speak together anymore, which was strictly observed.

Master Prynne, fearing that they should not be permitted to make a full answer to the Information, draws up a Cross-Bill against the Archbishop and others; wherein he charged them, with usurping upon his Majesty's prerogaetive royal, with Innovations in Religion, Licensing of popish and Arminian books, and other particulars: which Bil being engrossed and signed with all their three hands, Master Prynne tendered to the then Lord Keeper, with a petition, praying; that it might be accepted under their own hands, since it concerned his Majesty and Religion so much, and counsel durst not sign it for fear of the prelates; alleging, in the petition, that if the charges of the Bill were true (as they were ready to make good with their lives,) then their Lordships, as they hoped, would think meet they should be examined, and the prelates put to answer, and punished for them: If false; that then the Bishops to clear their suspected Innocency to the World, would be willing to answer it, since their declining its answer, would imply a guiltiness in them. The Lord keeper receiving this Petition and cross-Bill, upon reading the contents thereof, refused to admit it, delivering it to the Kings Attorney, and (as I am informed) the Archbishop demanded the opinion of the Judges; Whether these three complainants might not be punished as libellers for exhibiting this Cross-Bill against him▪ and other Prelates: who all but one, resolved; that they could not, because the Bill was tendered in a legal way, and might not in point of law be refused; the Kings Courts of Justice being open indifferently to all his Subjects, to sue or be sued. However this Bill was suppressed, by the Prelates power, and Master Prynne within a week after his appearance to the Information, by the Archbishops procurement, had his Chamber in the Tower searched by Master Nicholas, one of the Clerks of the Counsel, and a pursevant of the Bishops sent to overlook him; part of his instructions for his answer they s • ised, and carried them away to the Archbishop his servant who should solicit his business, was attached by a messenger and kept close prisoner in his house above ten weeks (till after the hearing) without baile or mainprise; which was utterly refused; the liberty of Pen, Inke and Paper, to draw up his answer and instruct his counsel was then also inhibited; himself shut up close prisoner, and all his friends debarred from him; by a verbal order only. By which strange proceedings he was utterly disabled to put in his answer, which he earnestly desired, and was denied access to his council contrary to the Lord's former order; This done, on the 28 of April Master Prynne, and his Co-defendants by an order of the Court, were enjoined to put in their answers to the Information by Monday next came sennight, by the advice of their counsel, and under their hands, or else the matters of the Information should be taken against them pro confesso. He (having no liberty then to go to his council, and they for fear of the Prelates being unwilling to repair to him, or to medle in the cause) thereupon petitioned the Court, that (having been a Barrister at law) he might have liberty to put in his answer to this Information under his own hand; annexing sundry reasons to the petition, why his own answer, in this case ought to be received without the hands of his counsel. This petition (together with an Affidavit of the particulars therein alleged) was presented and read in open Court the fifth of May 13. Caroli. of which this is a true Copy.

Upon the reading hereof in open Court, and of a like petition from Doctor Bastwick, to put in his answer under his own hand, since his counsel refused to sign it; the Court ordered the same day, that they should put in their answers by Monday next under counsels hand, or else be then taken Pro confesso; denying them liberty to answer under their own hands.

Hereupon Doctor Bastwick, when no counsel would sign his answer, tendered it at the Star-Chamber office, under his own hand, and there left it: and Master Burton having his answer drawn, engrossed and signed by his assigned counsel, Master Holt, who afterwards withdrew his hand, because his other counsel would not subscribe it, out of fear to displease the Prelates, tendered it to the Court, desiring it might be accepted, or Master Holt, ordered to new sign it; upon this the Court, the 10 ^th of May (being the next sitting) made this Order.

DOctor Bastwick upon this Order, the next Court-day petitions the Court, that his answer left in the Court might be accepted under his own hand, in default of council; and Mister Prynne, (much grieved that he could neither gain liberty nor possibility to answer the Information, for his just defense, formerly ordered to be taken pro confesso against him,) the same day petitioned the Court in this manner.

THis petition being read in open Court the 12. of May; the Court commanded Master Holt, one of Master Prynne's counsel forth with to repair to him to the Tower to take instructions for his answer; and in the afternoon the Lieutenant of the Tower, was sent for by the Prelates instigation, and checked by the Lord's for suffering Master Prynne to dictate such a petition, and one Gardener, (a Clerke belonging to the Tower, who writ it from his mouth by the Lieutenants license) was for this capital offense by a warrant from the Arch-Bishop, and others, the same evening apprehended by a Pursuivant, and kept prisoner by him some 14 days, and not released, till he had put in bond to appear before the Lord's when ever he should be called; after which he was hunted after by the Archbishops pursevants out of the high Commission: Who upon the reading of this petition, and Doctor Bastwicks, made a motion in Court of purpose to prejudge the cause before it came to hearing, tending highly to affront his Majesty's prerogative, and thereupon procured this forejudging order, wherein his insolent motion is recited.

THese three questions highly concerning his Majesty's prerogative, debated, and determined by the defendants against the prelates for the King, were the main scandals and libels complained of in this new Information, and the books thereto annexed; to prejudge which before the hearing, without the defendants privity (never summoned to be heard what they could say in these particulars, agaīnst the prelates encrochments, in defense of the Kings right and of themselves) was nothing else but the extremity of injustice, and a forestalling of the cause by a previous judgment of the Judges (then at Canterburies beck) before it was heard.

Upon this Order, all the Judges before the hearing returned this Certificate for the prelates, whom then to disobay or contradict in anything had been fatal, if not capital; whereupon this following order was made, which will abundantly evidence the Archbishops insolency, treachery and injustice in the carriage of this cause, and the unpatternd compliency both of the Judges, and Court of Star-Chamber to his ambitious, unreasonable, and unjust desires.

DOctor Heylin in his Brief and moderate • Aswer t • Master Burton (the matter whereof contradicts the Title) written by the Archbishop of Canterburies special command p. 102. avers, that it was positively delivered by my Lord's the Judges, with an unanimous consent, and so declared by my Lord's chief Justices in 〈…〉 last past (before this Certificate) that the Act of Repeal the first of Queen Mary, doth still stand in force, as unto the Statute of first Edward 6 • . 2. by you so much pressed, and that the Bishops might lawfully issue out process in their names, and under their own seals. Which if true, it is apparent that the Archbishop (from whom the Doctor had his information) had received all the Judges resolutions in this point, not only before the hearing of the cause, but even before his motion in Court, that the Judges might be attended to know their resolution in these points. Is not this pretty under-hand juggling, and square prelatical proceeding, deserving extraordinary Laud? But to return to the defendants, where I last left them.

Master Prynne, upon Master Holts resort to him by the Lord's command, upon his last petition, to his Chamber at the Tower where he was shut up close prisoner, gave him both a fee and instructions to draw up his answer by, with all possible speed: hereupon Master Helt draws an answer according to his own mind different from his instructions which he sent to Master Prynne to peruse; who disl • king the generality of it, desired him to confer with his other counsel, and to amend it in some particulars; whereupon Master Tomlins another of his counsel, and Master Holt after two meetings agreeing upon his answer, Master Holt gave order to his Clerks to engross it, and promised to sign it the next morning, that it might be put into the Court. Master Prynne informed hereof paid Master Holts Clerks for ingrossing it, and the next morning by his keeper sent another fee to Mr. Holt to sign it according to promise; who then refusing both the fee and the signing of the answer, and being taxed for it by Master Tomlins (who had signed the paper Copy) and demanded the reason by Master Prynne's keeper, why he refused to sign it contrary to promise; answered, that he had received express order not to sign it, and afterwards being taxed for it by master Prynne himself, who demanded the reason of this denial; he told him, that he durst not subscribe it for an 100 pounds though he had drawn it, for fear of being put from the Barre, he having received a command to the contrary. In the mean time Master Tomlins who was willing to sign it, departed into the Country upon his necessary occasions, so that his hand could not be gotten; Master Prynne thus deluded, acquaints the Lieutenant of the Tower with this false dealing, requesting him to inform the Lord Keeper of it; and to desire his Lordship in his behalf, either to enjoin Master Holt to sign his answer according to promise as he had done in Master Burtons case; or to accept of it without an hand; or of it, or another answer signed with his own hand, since he had done his utmost, and had no means to compel his counsel to subscribe his answer against their wills; The Lord Keeper upon this Information, answered, that he had no power to force counsel to sign an answer, and that it was not his use to do it, or to receive any answer without counsels hands.

Upon the return of which answer, Master Prynne replied; that if the Lord Keeper being chief Judge of the Court, the greatest officer in the Realm under the King, and a freeman, had no power to enforce his counsel to sign his answer according to duty, equity and promise; then certainly he, being a poor close prisoner had far less power to do it; and ought not to suffer for his default, which he could not remedy. Hereupon instead of accepting his answer, this order was made against him, and Doctor Bastwick to take them both pro confesso for their contempt in not answering, and to appoint a day for hearing the Cause.

Where you see, that the sole charge against them, and the ground of their censures was a supposed contemptuous refusal to answer, when as the Offence, and contempt was on the contrary side, in refusing to accept of their answers tendered, and ordering Counsel not to sign their answers.

In the mean time, Master Burtons answer signed by Master Holt, after it had lain in Court near three weeks, upon Master Atturnies suggestion to the Court, the 19 of May, that it was scandalous, was * referred to the consideration of the two chief Justices, Bramston and Finch: who calling Master Holt privately unto a Chamber, before them, Judge Finch ratled and reviled him exceedingly for putting in such an answer, which he said, was the most pernicious that ever came into the Court; telling him, that he deserved to have his Gowne pulled over his ears for drawing it. To whom he replied, that he had been an ancient practiser in the Star-Chamber, and had drawn it according to his best understanding and wit; that all of it was only a confession, or explanation of the charge in the Bill, and a recital of Acts of Parliament; and how this could be scandalous or impertinent, it went beyond his capacity to conceive. And so without more words, these Judges resolved the answer scandalous, and ordered all the substance of it tending to Master Burtons justification and defense, to be expounded; as will appear by this their certificate.

VPon this strange Certificate of the Judges Master Burtons answer was miserably mangled, the whole body and substance of it being quite rased, and naught but the head and feet left upon record; whereby he was made to deny that to be done by him, which he confessed and justified upon oath in his answer, as it stood before this rasure of it.

Whereupon the examiner coming to Master Burton to the Fleet, where he was close prisoner, to examine him upon Interrogatories grounded on his answer, he hearing of this expungement, refused to be examined, unless his answer might be admitted as it was put in; or he permitted to put in a new answer; he disclaiming this answer to be his, since altered in all the material points tending to his justification and defense, and turned from a special, to a general not-guilty, necessarily involving him in the danger of perjury: Of which the Court being informed by M ^r . Attorney, made this ensuing Order, to take the Bill pro confesso against him, only for not answering Interrogatories; a thing never heard of before in that Court, when there was an answer admitted.

AFter this Order, the examiner repaired again to Master Burton, who upon his former grounds, (because he had no answer in Court of his own or his counsels, but only of the Judges making, which he disclaimed for his, and because his answer to the Interrogatories would contradict the general answer of Not-guilty, which the Judges had now made out of his special Not-guilty;) refused to be examined; and so though his answer were in Court as the Judges altered it, yet for not answering to Interrogatories framed on it as it stood before its expungement, the Information was taken against him Pro confesso, and this order made at a prirate seal out of Terme, to bring the cause to hearing upon one days warning only given to the Defendants, when as by the course of the Court, a Subpoena ad audiendum judicium should have been served on them, and 15 days warning at least given them before the day of hearing.

THese prisoners having this liberty granted them just the day before the hearing, Master Prynne thereupon repaired with his answer (formerly drawn up and engrossed by Master Holt ) to Master Tomlins another of his counsel, newly returned out of the Country the evening before; and having got him to sign this engrossed answer, he goeth therewith to Master Holt, desiring him likewise to subscribe it according to promise; who refused to do it now as he had done before, protesting, that he durst not for an 100 pieces sign it, because he had received an express command to the contrary. Whereupon Master Prynne caries it signed with Master Tomlins hand to the Star-Chamber Office, where he tendered it to Master Goad, together with another longer answer signed with his own hand, and an Affidavit, that he could not possibly procure his counsels hand to his answer before that time; But Master Goad advising with his deputy▪ refused to receive either the answers or Affidavit, though earnestly pressed to it by Master Prynne: who thereupon returned with his answers to the Tower; and prepared himself for the hearing the next morning, resolving, that since he was thus fore judged, and taken pro confesso, upon a mere false pretence of a contempt in refusing to answer, to speak nothing, but what the Court should give him occasion when he appeared at the Barre; Doctor Bastwick, and Master Burton taking up the like resolution; because they were certainly informed, that whatever they spake, their sentence was already determined, and set down in writing before the hearing came, all being thus taken pro confesso as you have heard and seen by the former orders.

Thus I have given you a faithful relation of the proceedings in this cause before the hearing, out of the Orders and Records of the Star-Chamber, the legality whereof you shall find discussed in the close of this Treatise; Now before I come to the day of hearing, give me leave to acquaint you only with one particular touching Master Holt, he being sharply checked and terrified for drawing and signing Master Burtons answer, and charged not to sign Master Prinnes answer when he had drawn it, as you have heard before, was much troubled at it; and being in Court at the hearing the next day, he offered two or three times to speak something in defense of Master Burtons cause; which the then Lord Keeper perceiving, beckoned and held up his finger to him to hold his peace, whereupon he kept silence. And coming home to his house, as soon as the sentence was passed, his wife inquiring of him how the cause went; he broke out into these speeches. O wife, I never saw a just cause, so unjustly carried, which I could have defended by Scripture against all the World. I had a great desire to speak in the cause for my client, but my Lord Keeper beckoned and held up his finger to me▪ to hold my peace: And the poor Gentlemen have received the most unjust, and hardest censure, that ever I heard in that Court. For my own part, I gave over my practice in other Courts, and be took myself wholly to this Court to enjoy the liberty of my conscience, thinking to find nothing but Justice, and just proceedings there: But now alas J find things so carried there, that for this days work sake, I desire never to come more to that Barre, J desire of God, that this may be the last cause that ever I may plead in that Court, which hath partly miscarried through my default (as I am afraid most will judge) though I durst not do otherwise, being so checked and threatened. This said, he continued sad, and soon after falling sick for conceit only of the miscarriage of this cause (as his wife & friends believed) he died; never going to the Star-Chamber after this sentence: the proceedings and passages whereof, I shall next relate.