Discovery of Free-State Tyranny
The source for this document is https://quod.lib.umich.edu/e/eebo/A91227.0001.001
Project Note
This is licensed under Creative Commons CC BY-NC-ND. This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.
The source of this document is the Early English Books Online (EEBO-TCP) website. Those books were transcribed in a character for character manner and can be very cumbersome to read since there was no standard spelling during that time. Many spelling variations such as "unlesse", "vnlesse", and "vnles" regularly appear.
This project was conceived to clean up those books as much as possible and make them more accessible to the interested reader, leading to the creation of a massive list of variant spellings and their corrections. This was used to clean up the text, but is of course only as complete as the list itself. Because of the nature of the original transcription, some words have missing characters or places where the original language (e.g., Greek) was not transcribed. This effort does not change that. Be aware that the original transcription can also be faulty and in some cases entire sentences may be missing.
Although this is no substitute for a properly compared, proofed, and scholarly edition, I believe that the result is a document which is far more accessible, particularly for searching for terms using standard spelling. The document has been cleaned and presented in what I hope is a pleasing and useful format for the vast majority of Christian brothers and sisters who just want access to read these spiritually nourishing works.
However, a word of warning: The Puritans were a very diverse group of people and their age was characterized with godliness, but also much upheaval, disputation and strife. They disagreed on many doctrines and some of these works contain less orthodox or Scriptural views than others. The reader is strongly advised to read with discernment, particularly if it is unknown whether author is trustworthy.
This project took a huge amount of time and skill to bring to fruition. I would particularly like to thank David Jonescue for the initial list of Puritans he found on EEBO and the concept behind this project as well as the continuous, unceasing efforts toward seeing this complete. Without his labor, this would not be available. Alex Sarrouf was invaluable in providing the initial list of over 7,000 spelling variations he had identified and corrected, as well as continuing to review more than 16,000 additions to that list for any typos.
Logan West
(with David Jonescue and Alex Sarrouf)
www.puritansearch.org
A New Discovery OF FREE-STATE TYRANNY: Containing, Four Letters, together with a Subsequent Remonstrance of several grievances and Demand of Common Right, by WILLIAM PRYNNE Esquire; Written and sent by him to Mr. John Bradshaw and his Associates AT WHITE-HALL (styling themselves, The Council of State) after their two Years and three Months close Imprisonment of him, under Soldiers, in the remote Castles of DUNSTER and TAUNTON (in Somersetshire) and PENDENNIS in Cornwall; before, yea without any Legal Accusation, Examination, Inditement, Trial, Conviction, or Objection of any particular crime against him; or since declared to him; notwithstanding his many former and late Demands made to them, to know his Offence and ACCUSERS.
Published by the Author, for his own Vindication; the Peoples common Liberty and Information; and his Imprisoners just Conviction of their Tyranny, Cruelty, Iniquity, towards him, under their misnamed FREE-STATE.
Jer. 37. 18.
What have I offended against thee, or against thy Servants, or against this People, that ye have put me in prison?
Acts 25. 27.
For it seemeth unto me unseasonable, to send a Prisoner, and not with all to signify the Crimes laid against him.
Acts 28. 17.
Men and brethren, though I have committed nothing against the People, or Customs of our Fathers; yet was I delivered Prisoner from Jerusalem into the hand of the Romans.
Qu. Curtius. Hist. l. 6.
Verba Innocenti reper •• e facile est, modum verborum misero tenere difficile.
London Printed for the Author, and are to be sold by Edward Thomas in Green Arbour, 1655.
To the Reader.
K Inde Reader, The memorable Speech of Philotus (imprisoned for a pretended Conspiracy against Alexander the great, upon bare surmises without any particular Accuser or Hearing) Quanquam Uincti homines non supervacua solum, sed etiam invisa defensio est, quae Judicem non docere videtur, sed ARGUERE; tamen utcun{que} licet dicere, Memet ipsa non deseram, nec committam, UT DAMNATUS ETIAM MEA SENTENTIA VIDEAM. Equidem cujus criminis reus sum non video. Inter conjuratos nemo me nominat. Non cognita vero causa, liberari ab absent non possum, quia à praesente damnatus sum. May be a sufficient apology, both for the penning and publishing of these Letters, and of this Remonstrance. The Occasions, Motives, necessitating me to compile them, during my late causeless close imprisonment in Dunster Castle, and Pendennys Castle in Cornwall, are at large therein expressed. These Letters were all sent and delivered into Mr. Bradshawes own hands, by my dear since deceased Brother, Dr. Bastwicke, with several other Letters to diverse of his Associates at Whitehall (which I intend to publish in due season) to neither of which I could ever receive the least Answer. As for the Remonstrance, subjoined to them, I having with much difficulty (in respect of the restraints and Spies then upon me) con mitted it to paper, it pleased God to give me an opportunity, to convey it safe to London, to a special Friends hands, with a Letter, desiring him to transcribe, then to present it in my Name, to those to whom it was directed; and after that to print if for my vindication, the public Liberty, Satisfaction of the Nation, if he saw just cause: upon his receipt thereof it was transcribed; but he being over-timorous, and the times very perilous, for ought I can learn, he neither presented, nor gave me the least accompt of it whiles he lived; which made me suspect, it had miscarried before it came unto his hands, tomy great disappointment, having no perfect Copy thereof to publish upon just occasion. In November last, having some business to London, I occasionly met with divers of late Whithall casheired Grandees (in greatest power at the time of these my late Commitments and restraints here complained of) who all positively disclaimed that they were privy or consenting to my imprisonments or restraints, which they confessed, to be most unjust. Whereupon I writ a Letter to Mr. Bradshaw, (whose hand alone was to the Warrants) demanding from him, an Account, both of the particular cause and Grounds thereof, with just reparations and damages for the same; who by two several Letters to, and a subsequent Conference with me, professed; that he did neither know, nor remember the special cause or information given to him and his Associates at Whitehall, for which I was thus committed, and so strictly restrained by them: and that, if upon perusal of his own Papers, or the Books at Whitehall, he could find any particulars relating thereunto, he would speedily inform me thereof; which having not since done in above 3 months space, nor during my near 3. year Imprisonment, though oft solicited by these & other my Letters and friends thereto; I thereupon made diligent-Inquiry, after my Letters and this Remonstrance formerly directed to him and his Whitehall Associates; which my deceased Freind, to whom I sent them, by God's good Providence secured in another Friends Custody; who very lately presented me both with the Orignals and Transcripts thereof, beyond my expectation, which divine Providence hath encouraged me to publish them to the world; both for the Uindication of my own Inocency, (against their new Free State groundless Tyranny) under which I so long suffered, as if I had been a Transcendent Malefactor) the Uindication of our highly violated Laws, Liberties; the fuller conviction of my Imprisoners, of their unchristian, unrighteous, causeless deportment towards me, (after all my former Suffrings) against their own Uotes, Judgments, Consciences, all Laws of God, and the Land; and the manifestation of God's extraordinary Mercy in preserving, supporting me under all their Oppressions and delivering me-out of them about 5. Moneths after this Remonstrance, without the least Petition, Submission to, or acknowledgement of their illegal, usurped, and soon after scornfully cashiered Tyrannicall Power; or entering into any Bonds at all, not to act anything for the future against their present Government and Commonwealth, or to their prejudice; which they endeavored to force me to by Duresse, and I peremptorily refused; assuring them, upon the receipt of their first Order for my Release upon my entering into such a Bond; That I would rather die a Prisoner, then live a Bondman; and sooner resolve to rot in Prison, then go out of it, by entering into such Bonds, to the enslaving of myself and the whole English Nation, by making such an ill President of Slavery, after all my Writings, Suffrings for Laws, and Public Liberty and near 3. years close Imprisonment in 3. several Garrisons without any hearing or cause yet expressed: Whereupon they sent me at last an absolute Release without any Bond or condition at all.
Whether the Jesuits (whose usual practice it is, to close imprison, persecute, bannish, vex and destroy if possible, all such who discover, or oppose their secret treasonable plots, practices,) had any hand in my last close restraints, I cannot certainly resolve, seeing my Imprisoners themselves have protested to me, they know not by whose, or upon what information I was Imprisoned. But this some of my Restrainers have confessed to me, and my friends; That they believe the chief reason of my long close Restraints was, to hinder me from writing anything against their late proceedings, and public Alterations, Laws, Liberties; which I formerly averred in my Speech in Parliament and Memento, (when they were first put them in execution) to be originally contrived and secretly fomented by the Jesuits to destroy our King, Kingdom, and Religion. That Speech of the Parliament of Paris to King Henry the fourth of France Anno. 1603. (when he resolved to restore the banished Jesuits against his Parliaments arrest and advise) being then my constant asseveration, Faxit Deus, ut sim falsus vates: sed prospicio animo tandem HOC REGNVM OPERA JESUITARUM IN CINERES ABITURUM; and that I verily feared, and believed the vissible Instruments most active in those dismal Proceedings, Changes, Subversions then intended, and since effected, were but the Jesuits deluded, seduced Instruments in reality. And that which may now at last convince them thereof beyond contradiction is not only the irrefragable evidences lately published in my Epistle to A Seasonable, Legal, an Historical, Uindication of the good old Fundamental Liberties, Rights, Laws, Governments of England; compared with the excellent Proclamations of Queen Elizabeth and King James against Jesuits; but likewise that memorable Piece presented to the states and Nobility of Poland, assembled in Parliament 1607. to prevent the Seditious practices & tumults of the Jesuits in that Realm: intitutled; Consilium derecuperonda, & in posteram stabilienda Pa • a Regni Poloniae, per IESVITARVM ELECTIONEM. Which clearly demonstrated; That the Jesuits Society was purposely instituted by the Pope and Spaniard, to advance their intended universal Monarchies; and to be their principle Spies, Intelligencers, Instruments for this purpose: the general of the Jesuits being always a Spaniard by birth, or Allegiance, and keeping his constant residence at Rome: and their Order a most dangerous sharp active sword, whose blade secretly (heathed in the bowels of all other Realms, States, but the bilt thereof always held in the Popes and Spaniards hands, who wield it at their pleasure. That the Jesuits instill this Treasonable Principle into their Scholars and Auditors,
Adds another, In Officinam Jesuiticam.
I now refer it to the consciences of all my late Imprisoners, and all other Subvertors▪ Underminers, New-Modellers, of our ancient Fundamental Laws, Liberties, Parliaments, Governments, Kings, and hereditary Regal Succession, (contrary to their former Oaths, Protestations, Covenants, Declarations, Remonstrances, Professions, Principles, Resolves, Commissions, Trusts, Advices, Votes of the Majority of both Houses of Parliament, and our three Kingdoms) sadly to consider, without passion or partiality: whether all our late intestine bloody wars, with their strange unparalleled Proceedings, and Changes of this Nature, (which I opposed to my power) proceeded not originally from the Jesuits projection, suggestion, and solicitation, to ruin our Protestant Kings, Kingdoms, Laws, Liberties, Churches, Parliaments, and whether they were not the very Jesuits real (though deluded▪ circumvented) Instruments, in promoting, accomplishing them with all earnestness, violence, zeal fury, against the votes of the secluded majority of both Houses and of our three Protestant Nations, to the Jesuits and Papist great content, the grief of most Zealous Protestants; the intolerable Scandal, Infamy, Dishonor of the most Zealous professors of the Protestant Religion; and the exiting of many late and present bloody persecutions against them, by Popish Princes in Bohemia, Austria, Styria, Savoy, and other parts; as a generation of Seditious, Factious, Antimonarchicall, turbulent, perfidious, disloyal, treacherous spirits, and dangerous Regicides, as they now repute them, and publish us, be in printed books; and hereupon let them now resolve their own consciences and the world, with what color of Christianity, Law, Justice, they could so illegally, maliciously, despitefully close imprison, restrain my person, seise all my Papers, Records, &c. only to debar me from detecting, opposing these their Jesuitical Journey▪workers with my pen; and endeavoring to translate the Odium of these their true original Architects, the Jesuits, who are so impudent and malicious: Ut etiam sua suorum{que} FACINORA AC PARRICIDIA EV ANGELICIS TRANSCRIBERE NON VERANTUR as (Ludovicus Lucius proves by several instances; to render the Doctrine and Persons of the Protestants odious and detestable to the whole world. And whose principal scope and design is by several stratagems, to engage all Protestant Princes, Kingdoms, States, Churches in unchristian divisions, tumults, wars between themselves and against each other; Ut continuis se vonficient et atterent viribus, ut COMMUNI MOX SUPER VENTVRO HOSTI RESISTERE NEQUEANT. Sub nomine et praetextu Religions Catholicae, ▪praesidio{que} & authoritate Papae & Hispaniarum Regis, ubi{que} locorum sese insinuare; OMNIA DE NOVO PRO ARBITRIO SUO INSTITUERE, ET AD JESUITICUM FUSORIUM CONFORMARE; omnes Evangelicos, igne, ferro, veneno, pulvere tormentario BELLIS & alijs Machinationibus opprimere, & viriliter extirpare: Sic{que} SEIPSOS DOMINOS AC MAGISTROS TOTIUS MUNDI EFFICERE: as those who please may read at large in Johannes Cambilhonus, De abstrusioribus Jesuitarum artibus & studijs; in Hasenmullerus, Hospinian, & Ludovicus Lucius their Historia Jesuitica: Speculum Jesuiticum, Watson's Quodlibets, with others, our New Statizers may do well most seriously to peruse and study, the better to countermine the Jesuits pernicious plots against us for the future: which have wrought such strange confusions, wars, alterations, various Revolutions in Church and State amongst us in few years last past, as all former ages can▪ not parallel.
If any of my imprisoners or others demand; why I did not during all the time of my close Restraints, sue out an Habeas Corpus to procure my Liberty in a Legal way, or why upon my Enlargement I brought not an action of false Imprisonment against my Committers, or their under-Goalers, to recover Dammages for my illegal Restrains; or a Writt of Restitution to re-invest me in my Recordership of Bath, of which I was injuriously dispossessed without cause or hearing, by a Whitehall Letter, and another time-serving Member introduced, during my restraint?
I Answer 1. That the want of a true Legal Power, Jurisdiction and Court of Justice, from whom to demand, sue and before whom to prosecute these Legal Writts, disabled me to pursue them. And to demand them from, or prosecute them under those illegal Usurped, New self-created Powers and Jurisdictions (of the Jesuits projection) which illegally committed, and ejected me from my Recordership; had been a real acknowledgment of, and submission to them on record as Lawfull; against my Science, Conscience, Judgment, Oaths, Protestation, Vow, League, Covenant, our known Laws, Statutes and Parliamentary Declarations, which I durst not in conscience or prudence violate to save my life, much less to procure my Liberty, Dammages, or Recordership. 2. Had I once moved for any of these Writts; I must either have taken their monstrous illegal Engagement, diametrically contrary to the Oaths of Supremacy, Allegiance, of a Recorder, the Protestation, Vow, League, Covenant, (all which I had several times taken upon sundry occasions, and from which none could absolve me) and to at least thirty other Oaths prescribed, established by our Laws; and so have been guilty of manifold detestable perjuries, to the wounding of my conscience, reputation, and damnation of my Soul. Or else they would have presently pleaded in bar of these Writts; I had not taken their Engagement, and so by color of their void, unrighteous, barbarous Knack of January 2. 1649. (which their Tresylians strictly executed, to their eternal infamy) they would have made me totally incapable of the benefit of those Writts, and that common Law, Right, Justice, which belonged to me both by Birthright and purchase; and by the express words of Magna Charta. c. 29. ought to be denied or delayed to no English Freeman. Which consideration induced me to sit still, till a fitter opportunity. 3. My close restraints in remotest Prisons; the general temporizing Cowardice of those of the Long Robe to move for, or grant such writs as these: The fearfulness of all under Officers to execute them, if granted: And the improbability of any real Justice or Right to be done unto me on them, seeing those then and since chief Justices were either really, or virtually parties to the warrants for my restraints and Injuries complained of, being then Mr Bradshaws Associates at Whitehal; have hitherto persuaded me rather to wait with patience for Enlargment; Reparations & Restitution in a Christian, Just, Honorable, public way in God's due season; then either preprosterously or posterously to sue for them in such a course, wherein I can take no comfort for the present, nor expect any just Reparations if pursued; and which others have experimentally found, A Remedy as bad or worse then their Disease, and a new expensive fruitless vexation, instead of a Just and Honorable, Reparation, of their Sufferings and Dammages sustained for the public: which will be fully recompensed hereafter in Heaven, though never repaired, rewarded by Ingrate or unrighteous men on earth.
If my Imprisoners or their Creatures, shall except against the Title hereto prefixed, viz. A New Discovery of Free State Tiranny; or any phrases in my Letters or remonstrance; as overharsh, I doubt not but the remonstrance of my Several pressures therein comprised, will be a sufficient Apology for them. And that speech of holy Job under his heavy affliction. Therefore I will not refrain my mouth, I will speak in the anguish of my Spirit, I will complain in the bitterness of my Soul; will be if not a Justification, yet at least an equit able excuse or extenuation of the earnestness or bitterness of any expressions throughout in these Epistles or Remonstrance, which I intitled as aforesaid, because in most things parallel with, my New Discovery of the Prelates Tyranny; compiled, published soon after my enlargement from my long Imprisonments and close restraints under them & the Old Council Table at Whitehall whom my last Imprisoners (there succeeding them) not only imitated, but in some particulars far exceed in Tyranny and Injustice towards me. And seeing I never yet received from any of my former or these late injurious Imprisoners, the least voted or voluntary Recompence, for all my Losses, Dammages, Expences, Suffrings under them, to the endangering of my Life, health and great impairing of my Estate; I hope they will give Loosers leave to write, and allow me Liberty in some sort to Right and Recompence my self in this their Default, to publish the groundlesnes of my Imprisonment to the world, as I did to themselves in private, to repair my Innocency and Reputation blasted in many men's Opinions, through an implicit faith of some concealed guilt and High Crimes in me, for which I was so long, so strictly restrained by them in remotest Castles, (injuriously thrust out of my power Recordership of hath) though I recover no other Recompence from them (as I may do in due season) for my extraordinary Dammages thereby sustained in my person, Calling, estate. upon these accounts, I submit both them and the grounds of their publication to thy Censure, recommending them to God's blessing for the whole English Nations future benefit and infranchisement, and to deter other Grandees from the like Extravagancies towards me or others in future ages. If thou or the public reap any good thereby, let God receive the Glory, the Author only a share in thy constant fervent prayers; That as he hath formerly (like blessed Paul) been in Labors more abundant, in Prisons more frequent, then others; So he may for the future more abound in spiritual graces, Christian Fortitude, heavenly mindedness, inward consolations, public Services for God, Religion and his Country, then others; notwithstanding all forepast discouragements and ingrate requitals from men on earth, towards him, who expects his reward from God alone in Heaven.
William Prynne.
Mr. Prynne's first Letter to Mr. John Bradshaw, touching his unjust apprehension, and close restraint in Dunster Castle, by his illegal White-hall Warrant.
Hab. 1. 2, 3, 4.
O Lord, how long shall I cry, and thou wilt not hear? even cry out unto thee of violence, and thou wilt not save?
Why doest thou show me iniquity, and cause me to behold grievance? for spoiling and violence are before me: and there are that raise up strife and contention.
Therefore the Law is slacked, and judgment doth never go forth: for the wicked doth compass about the Righteous: therefore wrong judgment proceedeth.
To his Quondam kind Friend Mr. John Bradshaw, Serjeant at Law, at White-Hall, present these.
SIR,
YOur former intimate familiarity with, and pretended cordial affections towards me, before mounted up to your present Greatness, have emboldened, & my instant nnexpected new sufferings, necessitated me to complain, That on the 30 of June last, being the Lord's day, about XI of the clock at Night, a party of Horse under the command of Captain • enkins and Major Robinson, beset my House at Swainswick, in the County of Somerset (where I lived a retired Country life) and endeavored to break open the doors thereof, whiles I and my servants were sleeping quietly in our beds; who upon their entry into it, seised my Person, searched my Study, Chambers, Rooms, with all Trunks, and Boxes therein, for Papers, Books, records, taking away such as they thought meet; and then marching with me through the City of Bristol in triumph, with Trumpets sounding, as their Prisoner, in the head of two Troops, and after that conveying me through the Country with Draggooners, brought me prisoner to Dunster Castle. And all this by the Colour of your White-Hall warrant, dated the 25 of June, directed to Major Robinson Governor of Dunster Castle, thus signed with your hand: JOHN BRADSHAW PRESIDENT. Which Warrant further enjoins him, not to suffer me to have conference with any but in his sight and hearing; nor to send, or receive, of any, Letters, but such as he shall peruse: and is accordingly executed, amounting to the strictest close Impriso • ent. These Proceedings seem to me (who am conscious of no guilt) very strange, Illegall, rigorous, yea destructive, not only to mine own, but to all the Peoples Liberties, and all our good Laws, for their preservation; which you and others in present Power, have of late years, more then once, solemnlie covenanted, and made large Declarations, and Protestations inviolably to preserve, especially in these days of England's freedom from Tyranny, as some term, if not proclaim them.
Strange in respect of yourself, the only visible author, of them; mine ancient Acquaintance, who formerly made so many large Professions of real Friendship, towards me; and one of mine own Robe (much contemning the Kings Starchamber Lord's and Prelates illegal Warrants and Proceedings in this kind against me) from whom I expected no such unjust exorbitant Warrant or Military violeuce as this; yet Stranger, in regard of myself the Sufferer, who having been such an Eminent Martyr, both in body and Estate, suffering near 8 years Imprisoments, close restraints, exile, 3 Pillories, Stigmatizing, a •• uble loss • of ears: & excessive Fines, for the defense of our re • igion, Laws, Public Wealth, & Liberty of the Nation, without receiving one penny recompense for all my losses, and snffrings, though promised, voted, many Thousands; and one of the most devoted faithful Servants, to the old Republic & late Parliament of England, in whose service I have spent my Estate, and studies, ever since my enlargement, without enjoying the least Preferment, which I was never ambitious of, or one farthing Salary or reward, (when others less meritorious, have been bountifully rewarded with great Sums, Offices, Pensions,) expected no such ungrateful Requital, as a new excessive tedious close Imprisoment from my professed Friends, before the least notice of any complaint against me, or summons to appear, or answer it. Which (all circumstances considered) is a far greater Extremity of injustice, than I ever yet suffered from my most Capitall Enemies, who both in the High Commission and Star chamber, did only summon me by a messenger, but never Attach me, or begin with Execution, as you do; first citing me to appear, before them, and then heard, before they committed me, or searched my Study and Papers: and that by their Legal sworn Officers, not armed Soldiers; in the open day time, not at midnight; on the week day, not the Lord's day, and never made made me a close Prisoner, at first, but only after hearing and sentence. And indeed this cannot but seem strange to me and all men else, that I should be the first man now mewed up afresh, in all the County for a new Malignant, and dangerons Person, who was one of the first appeared in it for the Parliament; when as others long in actual arms against it, now walk at large; and one who took and subscribed the Kings Oath, against the Parliament, renouncing and declaring them Traitors and Rebels, with others, whose base unworthy cowardice lost and betrayed the whole County to the Enemy, (whom they durst never face or encounter) are now employed, as great Commanders, in our new raising Militia: who (as I have good grounds to suspect) are the original Contrivers of this my injurious Restraint; out of mere malice, or envy to show that they are now men of trust, and power, sufficient to Tyrannize over me as well as others, who never did them the least injury, but only reprehended them for their Injustice and Opressions, of which the whole County complained. The sat • sfaction of whose malicious desires, in this illegal way, will purchase you ten thousand times more dishonor, and do you more disservice, by discontenting thousands of your Friends, and giving your Enemies just occasion of rejoicing, than ever their valor or Military Service is like to do you good, either in the County or Kingdom; and render you as detestable to the People, as ever my former sufferings and Imprisoments did the Bishops or Star-chamber, the greatest occasion of their downfalls,
Illegal, injurious, yea, Destructive to the Peoples Libertys, and also settled Laws, for their Defense, in divers respects; in which I must crave Liberty, a little to expatiate, for fear my present silence or flender glances thereat, should prejudice my own and the whole Nations Liberties, deeply concerned in this new President of▪Injustice on myself, so great a stickler against all Arbitrary and Tyrannicall Proceedings of this nature, and one of the greatest Sufferers under them.
Not to dispute at present the Lawfulnesse of your present Power; which many justly question. The utmost (I conceive) you do, or can pretend to, is only the Power of the ancient privy Council or Council Table, under our Kings; not in its utmost latitude, and exorbitances, but as regulatedby the late Act, against the Star-chamber. Which Council Table (to my best remembrance) never issued any Warant so illegal as this, in all particulars, against myself or others, nor executed it by be mere Military Officers, on the Lord's own day, as your Soldiers did this; to proclaim to all the world, how little they esteem or observe • your new misnamed Act, against travelling or arresting any on the Lord's day; the penalty whereof none dare to levy on Soldiers; I shall only here briefly argue and evince the Illegality of your Warrant, à Capite ad Calcem; as well as my present restrained condition, and want of Books, and Time, will permit me; that you and others may see, what ground you have to retract and to be ashamed of it, as I hope you will upon the reading hereof.
First, I conceive it wholly illegal in respect of the Persons to whom it is directed, and by whom it is to be, and was accordingly Executed; which are not, legal civil Officers of Justice, (as Sherriffs, Justices of Peace, Mayors, Headboroughs, under Sheriffs, Bailiffs, Constables, Serjeants, sworn Messengers and the like), the only lawful Officers to serve, and execute all legal Writs, Processe, Warrants whatsoever, by the Common Statute-Laws and Customs of this Realm; who are and ought to be known Refients in the County, where they may be always found; taking an Oath, duly to execute their respective Offices according to Law; and Persons of Estate, able to render▪ Dammages to the Presons they attach, in case their Warrants be illegal or not legally pursued in the execution. But mere Soldiers of fortune, Strangers, having no constant residence, nor visible estates in the County, to render me or others Dammages, in an Action of Trespass or false Imprisonment, should we sue them; and no legal Officers▪ known or allowed by out Laws to execute Processes or Warrants, from any civil Power▪ no not in times of Warr (especially where there is no necessity, nor precedent resistance, as in my case,) much less in times of Peace, as now, wherein the S • eriffs and Justices only are to su • press all force, and sumults, if there be any need, by the Posse Comitatus; in which cases Soldiers are only to assist them, as auxil ari • s▪ not as sole, as princible Officers, or Executioners, as in and by your Warrants they are now usually made, against Law, and the practices of all former ages. Which late illegal Vsage of employing Soldiers, in this kind, to arest men's Persons, break up and search their Houses (reputed High Treason, and a levying of Warr against the King and his People, in Straffords case the very last Parliament) as it hath already occasioned many Barbarous Murders, dangerous Burglares, and Roberies in sundry places, and in the very heart of of London itself by Soldiers and others, pretending Warrants from your New Council of State, or others in present power, to apprehend Delinquents, or search for Arms, Papers &c. so it is like to produce many more sad Tragedies and outrages of this kind, to the endangering of all men's Persons, lives, estates, thus prostituted to the violence, rapine, of every Rogue, Thief, Villain, who shall but counterfeit himself a Soldier, and pretend your Warrant for search of any man's house, study, or apprehension of any man's Person he hath a design to rob or murder▪ Which common mischief can be no otherwise prevented, but by directing all warrants, only to known Officers, according to Law & • public Declaration, to all the Kingdom, that no Soldiers or others under Pain of death, shall dare presume to execute or counterfeit any such Warrants for the future; it being no part of their calling or employment, and a great oppression, and terror to the People, contrary to the express clause of the Commissions of the Peace, and of Oyer and Terminer, against such who ride armed in companies, to the Terrror of the Kings people, who cannot easily distinguish who are Soldiers really employed, and who are Counterfeits; and have sometimes been affrighted, not only to sickness and great distempers of spirit, but even to death itself, by the sudden violent Attachments, and searches of Soldiers; of whose rudeness and incivility in their executions, others have much complained, though those who seised me, were as respective towards me, as your warrant would permit, transgressing only in the unseasonableness of the time, and illegalities you enjoined them.
2. Your warrant is directly contrary to Law, and the Subjects Liberty, in that it commits me Prisoner, yea close Prisoner, • efore & without the least Accusation, conviction of any particular Crime, any hearing, • xamining • what I can say for myself; and so a mere forejudging of me, & going to • xecution before the fact examined▪ contrary to all forms of Legal proceedings in all criminal causes whatsoever; where the accused Persons for any Trespass, Felony, or Treason, are first sent for, & examined in the presence of their Accusers, before they be committed. Contrary to the very proceedings of the most exorbitant High Commisioners, who at first only summoned, not attached me for my Perpetuity, & after that, for my Cozens cozening Devotions, to appear & answer the same before them. Contrary to the proceeding of the Lord's atthe Council Table itself, for my Histriomast ix (suggested to be Seditious and Scandalous, in the Superlative degree, to the King, Queen, Court, Council, Kingdom, Government,) who yet thereupon only summoned me by a single sworn Messenger, to appear in the Inner Star-chamber, before them, to answer such things as should be there objected against me for that Book, but never once seized or Committed my Person, until after they had examined and heard me concerning i • , such was their Justice, and moderation towards me in their first Processe, whereas you now commit me close Prisoner at a great distance, before, yea without any Summons, hearing or examination I know not for what pretended writings: So much do you now out-strip them in violence & injustice; Whereas if you had ought against me, you might have summoned me to appear before you, whiles I was in London the last Term, in commons, or since that residing openly, constantly at my country House, without absenting myself, or being ever yet a fugitive, and examined me, as they did, before you thus rashly committed me hand over head, in such a notorious way of violence, in the face of all the County and Kingdom; who cannot but conclude, you are more Tyrannically exorbitant herein, than ever the King or Prelates were against me, and have hereby, most notoriously infringed Magna Charta. c. 29. the Statutes of 25. E. 1. c. 1. 2. 28. E. 1. c. 1. 5. E. 3. c. 4. 37. and 42. E. 3. With other Acts, collected by (Rastall in his Abridgment, tittle accusation) the Petition of Right, the Resolation of the three last Parliaments, and all our Law-books▪ which directly enact, adjudge, and declare, That no Freeman ought to be attached or imprisoned upon any Accusation, or suggestion made to the King, or his Council (much less then unto you) unless it be by Inditement, impeachment, of his good and lawful Neighbors, or by Processe made by a writ original at the common Law: And if anything be d • ne against the same, it shall be reversed and holden for none. Which Laws you have sworn, professed, covenanted to observe, and are bound to do it, as a Lawyer, much more as a Christian; it being the very Law of the Pagan Romans, Acts. 25. 16. and of the very Jews themselves, John. 7. 44, &c. whose Officer • refuse to apprehend our saviors Person, upon the High Priests warrant, because never man spake as he did; and their Law judged not any man (to be apprehended, much less imprisoned) before it heard him, and knew what he doth. Wherefore, you cannot but recall • and condemn this Warrant, and its execution, as most repugnant to these Statutes, and the very Law of Nature, of Nations, and God's own Proceedings with the worst of men.
3. Every Warrant of Attachment (Sr. Edward Cook proves at large in his 2 Institutes On Magna Charta. c. 29.) ought to be, to summon, or bring the parties to be examined, before they be committed: and every Mittimus after examination, ought to express the cause justly, and time for which they are to be imprisoned, as during pleasure, or till further order, or till they shall put in bayl, or be delivered by Law; as likewise, the manner how they shall be tried, for what they are accused: and not be absolute, as a Judgment or sentence after hearing: But your Warrant is, a mere Judgment before hearing or examination, without any such causes; committing me close Prisoner without any limitation of time, (and so for ought I know, during life) or ever intending to bring me to any legal examination or Trial. Therefore altogether illegal in this respect.
4. The Statutes of 5. E. 3 c▪ 8. 23. H. 8. c. 2, and 5. H. 4. cap. 10. enact; That the Prisons to which evil doors shall be committed for their evil offenses, shall be in the most eminent & populous Towns of the County, where the Assizes or Sessions are usu • lly kept, and where is most resort and repair of People, that they may be the oftener visited, the better relieved by their Friends and others; and THAT NONE SHALL BE IMPRISONED IN PRIVATE CASES. And the Book of 21. E. 4. 71, Brook Imprisonment 80, is express; That no Court can imprison any, but in their proper prisons belonging to them; and that the Fleet is the proper Prison to the Star-chamber and Palace▪ whither they ought to commit them: else men, through malice and Power, might be sent to obscure Castles, and remote Prisons, and there starved or destroyed for want of necessaries, or purposely murdered out of malice or design be private Persons; which they cannot so easily be in in common Goals, where are store of Company; and the common Goalers themselves (sworn and bound by Law, to treat their Prisoners well,) may be indicted and punished for abusing them. Upon which Statutes and grounds, the whole House of Common, resolved it thrice upon the Question, & afterwards the whole House of Lord's thrice voted, and adjudged, my imprisonment in Carnarvan and Mount Orgu • il Castles, Dr. Bastwicks in Lanceston and Syllye Castles, and Mr. Burtons in Lancaster and Gernsey Castles, both by sentence of Star-chamber & the old Council tables warrants, to be contrary to the Law and Liberty of the Subject. Your warrant therefore for my imprisonment in Dunster Castle, (never yet a Prison) under the Custody of Soldiers only, not of a Lawfull Gaoler (especially being no Prisoner of war, nor ever in arms) is diametrically contrary to these Statutes, Votes, Resolutions, the Law of the Land, and Subjects Liberties. And so much the rather, because, though there be good Air, and prospect, in the Castle, yet there are no Provisions at all within it for the body or soul; No meat to be had dressed, but at great distance from the Castle; which is very chargeable and inconvenient to a close Prisoner: and no preaching Minister settled either in Castle or Town, to comfort, or feed the soul, or to which by your Warrant I may resort; and it is above 50 miles distant from my house, where I have no Friend, nor accquaintance near to visit, or supply my wants: And so parallel to my close imprisonment in Carnarvan and Mount-Orgueil Castles, yea worse in one respect, • hey being after a kind of public hearing and sentence, in a Court of Justice, and this only by a priv • te warrant, before any hearing, examination, or accusation that I hear of, by those who have been my friends, and for ought I yet know, have no legal power to commit me in any case, as that Court had in some cases, though not in such a manner or to such Prisons as then, or now.
5. Your warrant is defective and illegal in the very grounds of my commitment, which are merely gener • ll and uncertain: viz. For his seditious writings and practices against the common-wealth, without particularizing what these writings or practices are; or when or where published, committed, or by whom or in what manner sugg • stead, or proved before you; or, against what Common-wealth, or f • rm of Common-wealth in particular; whether of England, Scotland, Ireland, or of any particular County, Corporation or Society, within them, which are real Common-wealths within themselves. Which general uncertain charge and slander against me, so great an advocate for the true inter • st and Republic of England, as all my writings evidence▪ imports just nothing, but either malici • us suggestions, groundless suspicions, or feigned pretences against me, to deprive me of my Liberty; and were long since voted and adjudged in the Parliaments, of 3, 4, and 16. Caroli, in the cases of Sr. John Eliot and others, committed prisoners to the Tower, Fleet, and Gate-house, by the Lord's of the Council, by the Kings special command, for stirring up sedition and s • ditions Practices against the state (the very same your warrant suggests against me) to be too general and ill • gal, and no grounds at all for a commitment; no more then schismatious inveteratus, resolved to be too general a cause of a clerk • refusal by the ordinary in Cooks Reports.
6. Your Warrant chargeth the Governor, to imprison me in the Castle, and not to suffer m • to have conferenc • with any, but in his presence and bearing; nor to send or receive any Letters, but such as he shall peruse. A clause of the highest restraint and oppression I ever yet suffered, or met with; For if the Governor voluntarily, or necessarily absent himself, I must neither speak with, nor write to any man, upon what urgent occasion soever, nor receive any Letter of whatso ever importance; be shut up a close Prisoner night and day, always guarded when I take the air in the Castle (as now I am) and not repair to any Church or meeting, to hear, fast, pray, receive the Sacrament, nor send my own Servant out of my Chamber, or the Castle, (as now I cannot) for any necessaries, for fear of infringing this strict formidable Warrant, which puts me into the self same condition I was in at Carnarvan and Mount Orgueil Castles, and will prove as fatal to my own, and all Freemens liberties of England (if not recalled and exploded with highest indignation) as those my R • straints and close Imprisonments were (with my Brother Bastwicks and Burtons too) by the Votes and Judgment of both Houses, whereof I think meet to give you this full account. When I was first committed to the Tower by the Lord's of the Council for my Histriomastix, (suggested to be seditious and scandalous in the highest degree) the words of the Lord's Warrant to the Lieutenant were, to require him to keep me safe Prisoner in the Tower, without giving free access unto me, until he should receive farther Order: yet this warrant, though all my friends had present free access to, and conference with me in public and private, without any restraint or perusal of Letters to or from me (not expressing any particular cause for my commitment) was by the unanimous Vote of the whole House of Commons 20 Aprilis 1631. in these words, resolved to be illegal; Resolved upon the question, That the imprisonment of Mr. Prynne (in the Tower) by a warrant under the hand of Thomas Lord Coventry, and others (therein named) IS UNJUST and ILLEGAL: And that they ought to give Mr. Prynne satisfaction for his damages sustained by that Imprisonment. And in my Brother Burtons case • committed close Prisoner to the Fleet by the Lord's, for preaching and publishing a seditious Sermon and Book (as they termed it) entitled (For God and the King:) the House of Commons the 12 of March 1640. passed this Vote, Resolved upon the Q • estion, That the Warrant from the Council Boord, d ted at White-hall Febr. 2. 1636. for the committing of Mr. Burton close Prisoner, and the commitment thereupon▪ IS ILLEGAL, AND CONTRARY TO THE LIBERTY OF THE SUBJECT: And that he ought to have reparations for his damages sustained by this Imprisonment. And whereas we both, with Dr. Bastwick, for pretended sedit • ous Books and Practices; were, after a kind of he • ing in S • archamber, sentenced, and ordered To be kept close Prisoners in 3 remote Castle; and after that, by Order and Warrant of the old Council Table, removed into 3 Castles in the Ifles of Jersy, Gerxsey and Silly; and there, for preventing the danger of spreading our (pretended) schismatical and seditious opinions, ordered, to be kept close Prisoners, and none to be permitted to have free conference with, or access unto us, but only such faithful and discreet persons as should be appointed to attend us; and that no Letters or Writings should be permitted to be brought to us, or sent from us to any person or persons; and if there should be any such brought or sent, that the same should be opened by the Governors, or their Deputies; and if they contained anything material or considerable, that the same should be sent to one of his Majesty's principle Secretaries: (the substance of your present Warrant, which seems but the Copy of it in this particular,) the whole House of Commons three several times, upon the question resolved; and the Lord's upon our three distinct hearings, thrice adjudged, Those Sentences, Orders, Warrants, and restra • nts therein cont • ined, TO BE AGAINST THE LAW AND LIBERTY OF THE SVBIECT, the Great Charter of England, and other fore-cited Statutes; and that we ought to receive Dammages for the same, from those who had a vote or hand therein. Which illegal Sentences, Warrants of Restraint, and Exile (as you and your associates well know) were the principal occasion of Suppressing both the High Commission, Starchamber, and Council Tables exce • ses, by two special Acts of Parliament, and one principle charge against beheaded Canterbury. Wherefore, I cannot but stand amazed, to find you not only imitating, but in some sort exceeding them in this your Warrant, being privy to these Votes, and of Counsel to some of us, declaiming as bitterly against such illegal restraints, and the Authors of them, as any; which yet now you practice with an high hand, against all these Votes, in my very case; which will fall heavy on you.
I beseech you therefore sadly to consider, what all my Friends, yea your best Friends, and Enemies too, will think, report of you for the present, and register to posterity; and what our whole 3 Kingdoms and Forein Nations will judge of you and your Associates for this your warrant and close restraint of me thereby: Will they not report, publish to all the world, that you are more cruel, tyrannical, extravagant, unjust, than the beheaded King, (condemned by your own Sentence for a Tyrant) or than Canterbury, Strafford, the High Commission, Starchamber, or old Council Table; and that your little singer is now grown heavier than their whole loins, not only to your Enemies but Friends? Yea, that you deal worse with me, than the most bloody Tyrant Nero did with Paul, when Prisoner under him at Rome (though charged for a pestilent fellow, & stirrer up of Sedition among the Jews throughout the World;) who yet had there free liberty, without the least restraint, publicly and privately to confer with, send for, yea preach to whom he pleased, and to receive all persons (and Letters too) that came unto him, no man forbidding him: Acts 28. 14. to the end. Nay, worse than men by Law can deal with their Trespassers or ill-Tenants Beasts; which ought to be kept in • n overt open Pound, where the Owners, and all others may freely visit, feed, relieve, replevy them at their pleasures without restraint; and not shut up in a close room, where none may see or feed them, but by the oversight and leave of others: as the Statute of 1 & 2 Phil. & Mary, c. 12. 5 H. 7. 9. with other Law-books resolve. Nay worse▪ than the late Parliament dealt with Strafford, or Canterbury, when impeached of High Treasons of the greatest magnitude, against the King and Kingdom, by all the Commons of England; who had no such restraints of Conference, or Letters on them, as you now lay upon me, but absolute freedom of both, and full liberty of the Tower, till Strafford endeavored an escape from thence. And will you deal more rigorously with me, than the Parliament did with these Arch-Traitors? Let not such an oppression, an exorbitancy as this, be ever heard of in Askelon, or published of you in Gath, lest all your and my Enemies should rejoice thereat.
If you pretend necessity of State, or the public Peace and safety, for these Illegal Proce • dings; it is but the very same Plea the Prelates pretended for my close Imprisonment, and banishment heretofore; the King, for the Loans, Excise, Shipmoney; and the Army for my last restraint, violence to both Houses, and their secured secluded Members: A plea which soon resolve • into, Scelera sceleribus tuenda, and necessitates men at last, to commit one violence, sin, & wickedness, after another, till they perish in their villainies, and sink down quick into Hell, and is at this day the greatest Argument, Instrument, the Devil hath, to precipitate men (formerly moderate, merciful, just, religious) into most • xorbitant, scandalous, violent unrighteous Actions, Designs, and to induce them to proceed impenitently from one extremity to another, which they formerly most severely censured, sentenced in others; yet now approve and justify in themselves, when they find their own interest concerned, or their carnal f • ars or jealousies of others really Innocent, suggesting any thoughts of some close designs against their ways of violence and public desolation, instead of sincere repentance, confession and reformation, of what their own consciences inform them secretly to be evil and unjust. Wherefore I desire you in this case, to beware of this most dangerous snar • of the Devil, and that maxim now in many men's mouths▪ unworthy men or Christians: Over shoo • s, over Boots: We are engaged, and therefore can neither with honor, safety, nor prudence, recede from what we have done amiss: When as all our honor, safety, prudence, and eternal salvation too, consists only, in our retreating, actual repentance, and satisfaction to the parties injur • d, in suh c ases, by our unrighteous dealings a • d oppressions, because we have only present power in our hands, to oppress and injure them.
6. Your warrant orders them, to search all my Chambers' studies and places in my house for Papers, Writings, Records, and before any accusation or conviction; the highest strain of Regal, Prelatical, high-Commission, and council-Table Tyranny, r • solved by the two late Parliaments and whole house of C • mmons, to be an high intrenchment upon the Subje • ts Liberties, and property, contrary to Magna Chart • , the Petition of Right, the Judgment in S • may • s case; much censured by Sir Edward Cook in his 4th. Institutes, in the Chapter of Justices of the Peace: and in the cases of Mr. Cre • , Mr. Pym, and other members o • Parliament • and such a one I yet am, if the former Parliament hath a being since the Kings beheading, the Lord's suppression▪ and most Common • • eclusion, as you hold it hath) an high infring •• nt of the Privileges of P • rliament, of which whosoever are, or shall be guilty, they are by several Orders, votes, a • d Ordinances of Parliam •• t, declared, to be En • mies both to th • Parliament, and Co • mon▪weal • h▪ of England, • nd to be appr •• ended and proc •• ded against as such.
In all which respects your present Warrant, and the execution of it, being so diametrically contrary to the known Laws and Statutes of the Realm, the votes and Declarations of both Houses of the Parliament, in mine own and others cases, and the late Declarations of Febr. the 11. and March 17. 1648. of those now acting; I shall of mere Right, not any grace or favor, demand and expect from yourself, and your Ass • ciates of the long Robe (my quondam special Friends) who know all the premises to be Law and this Warrant most illegal, a present revocation and condemnation • hereof as such, and my present absolute enlargement, without any condition, restriction, caution or engagement whatsoever; which I resolved never to enter into (being liable only to punishment when, and if I do amiss, and am legally convicted of it,) that so I may follow my Country affairs this harvest time, without any such future interruption and vexation. And withal to send me the names of my Accusers, and their particular Accusation, (if there be any such) that so I may rec • ive reparations from them or you, for this most injurious▪restraint, to my great trouble, cost and prejudice; which I am confident you neither will nor can in Justice or honor deny me. But if this will not be granted; as this my unjust restraint, may then prove as prejudicial to you, as my former Imprisonments did to the Canterbury, the Pr • lates, and Star-chamber, and will cry as loud to heaven, against you as they did against them; till God himself delivered me by some other means; I shall then request this Justice only at your hands.
First, that you would take care that my soul be not starved, for want of spiritual food, or free access unto it, when there are any sermons in the Town: where there is yet no settled Minister, but a Lecture at sometimes and days. A Libert • enjoyed during my former Imprisonments.
2. That you will allow, and take care for my diet, during my close restraint, if you will needs keep me up a close Prisoner▪ my estate being exhausted by my former sufferings, the loss of my calling, public Taxes, Free quarter, and scarce able to support my family at home; now left like sheep without a shepherd.
3. That if you will not be so just and charitable▪ that at least you will cause the 800 l. due unto me as contractor (for which I never received o • e farthing, though it cost and lost me double the value, and I should never have demanded it, but upon this extraordinary occasion of expense) with all the free quarter, certified to be due unto me for the last year, under 〈◊〉 Commissioners hands, and yet not satisfied, to be forthwith paid; to help sustain me, during this my present extremity, (which I hope you will not delay, or deny) I shall till then remain,
Yours illegally restrained
close Prisoner,
WILL. PRYNNE.
Dunster-Castle July 5. 1650.
Mr. Prynne's second Letter to Mr. Bradshaw.
SIR,
I Informed you by my Letter the 5 of this instant July, of the forcible breaking and searching of my house and Study at Swainswick, seising and carrying away my Person and Papers about Midnight, on the Lord's Day, by a Party of Horse, and my close imprisonment ever since in Dunster Castle, by pretext of a Warrant signed with your hand; the illegality whereof, and of its execution, I therein undeniably demonstrated, by Acts, Votes, Resolutions of Parliament in my very case, and proved them more exorbitant, then the worst first proceedings of the Prelates, High Commission, Council Table, or Star-chamber against me, under the late King, whom you yourself condemned to have his head severed from his shoulders for a Tyrant, demanding thereupon of mere right my present Enlargement from this unjust imprisonment, with reparations for the same. To which as yet receiving no answer, after above a fortnights restraint, contrary to expectation, and Magna Charta itself: Nulli negabimus, nulli differemus justitiam aut rectum: and hearing, that by a like illegal Warrant under your hand, made to Soldiers, not sworn Officers, they have broken open my Study, seised all my writings & Trunkes at Lincolns Inn, & carried them to White-Hall, contrary to the Law of the Land, and Liberty and property of the Subject; I am thereupon necessitated for the Defense of mine own, and the Nations Liberties, (for which I have so deeply suffered, in Defense whereof, we have of late years spent so many Millions of Treasure, and Tuns of Gallant English blood) to make this solemn Protestation to you, and all the world, That these Warrants and Proceedings of yours against me, are altogether illegal, tyrannical and exorbitant, contrary to Magna Charta, the Petition of Right, the Resolutions of the 3 last Parliaments, the votes of both Houses in my very Case, and the Cases of my Brother Dr. Bastwick and Mr. Burton, the Law of the Land, the Subjects Liberties and Property, and many Declarations of the last Parliament, published to the World.
To begin with the breaking up of my House, Study, seising of my writings and Papers, Records, and imprisoning my Person, before any hearing, examining, or legal accusation against me, by color of your illegal Warrant (the revived Exorbitances of the High Commission, and old Council Table, under which the Freemen of England formerly groaned, and most sadly complained) I shall desire you and the whole Kingdom (by way of supplement to my former Letter) to take notice,
1. First, That in the cases of my Brother Dr. Bastwick, and Mr. Burton, (whose Houses, & Studies were broken open, searched, and their Writings, Books, Persons seised, by color of a Warrant from the High Commis. & old Council-Table) the whole House of Commons, upon the report of their Cases, passed these two Votes Feb. 24. 1640. Resolved upon the Question; That the Precept made by the Arch-Bishop of Canterbury, and other high Commissioners for causes Ecclesiastical within the Realm of England, for apprehending the body of Doctor Bastwick; and for searching for, and seising of his Books; and the making and issuing thereof, and likewise the Messengers Act in searching Dr. Bastwicks House and Study, and searching and taking away his Books and Papers, by that Precept, ARE AGAINST▪ LAW, AND THE LIBERTY OF THE SUBJECT. And March 12. 1640. Resolved upon the Question; That the breaking open of Mr. Burtons House, and arresting his person, before any cause depending against him in the Star-Chamber; and his close imprisonment thereupon, are against the Law and Liberty of the Subject. That John Wragge hath offended in searching and faising th • Books and Papers of Mr. Henry Burton, by color of the general Warrant Dormant from the High Commission; and that that Warrant IS AGAINST THE LAW, AND LIBERTY OF THE SUBJECT: and that S • rjeant Dendy, and Alderman Abel have offended, in breaking open the House of Mr. Burton, and ought to make reparations to Mr. Burton for the damages he sustained by breaking open his house. And that John Wragge ought to make reparations to Mr. Burton for the damages h • Justained by breaking open his Study, and seising his Books and Papers.
2ly. That after this, the whole House of Commons in their Remonstrance of the State of the Kingdom, the 15 December, 1641. reciting many grievances therein complained of (now acted over in a far higher degree than ever they were under the beheaded King) sadly remonstrated, That great numbers of his Majesty's Subjects for refusing unlawful Charges, Taxes, New Oaths and Judicatures erected against Law, have been committed t • long and hard imprisonments, and others have had their houses broken up, their goods seis • d, and some have been restrained for their lawful callings. And that the very next day after the Parliament ended, the fifth of May, 1640. Some Members of both Houses, had their Studies and Cabinets, yea their Pockets searched; which they declare to be contrary to the Law, and the Subjects Liberty.
3ly. That in the Case of Members (and such a one I still am, if the Parliament or House of Commons be yet in being, as you do and must affirm) the whole House of Commons 3 Jan. 1641. published and printed this Order, It is this day ordered upon the Question by the Commons House of Parliament, That if any persons whatsoever shall come to the Lodgings of any Member of this House, and there do offer to seal the Truncks, Doors or Papers of any Members of this House (which is less than to break open, search, and take them quite away by armed Soldiers, as in my case) or to foise upon their Persons; That then such Members shall require the aid of the Constable, to keep such persons in safe custody till this House do give further Order. And this House doth further declare; That if any Person whatsoever shall offer to arrest or detain the person of any Member of this House, without first acquainting this House therewith, and receiving further Order from this House, That it is lawful for such Member, or any Person, to assist him, and to stand upon his or their guard of Defense, and to make resistance, according to the Protestation taken, to def • nd the Privileges of Parliament.
4ly. That afterwards the Commons House in their Declaration of the same January (in case of the 5 impeached Members) published to all the Kingdoms, further declared and ordered, That whereas the Chambers, Studies and Truncks of Mr. Denzil Hollis, Sir Arthur Haslerigge, Mr. John Pym, Mr. John Hampden, and Mr. William Strode, Esquires, Members of the House of Commons, upon Monday the third of this instant January, by color of his Majesty's Warrant, have been sealed up (not broken up, searched, and carried away as mine are, which is far more) by Sir William Killigrew, and Sir William Flemen, and others, which is, NOT ONLY AGAINST THE PRIVILEGES OF PARLIAMENT, BUT THE COMMON LIBERTY OF EVERY SUBJECT▪ Whereupon we are uecessitated according to our duty, to declare, And we do hereby declare, that if any person shall arrest Mr. Hollis, Sir Arthur Haslerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, or any of them, or any other Member of Parliament, by pretence or color of any Warrant issuing out from the King only, he is guilty of the breach of the Liberty of the Subject, and of the Privilege of Parliament, and a public Enemy to the Common wealth. And that the arresting of the said Members, or any of them, or any other Member of Parliament, by any Warrant whatsoever (therefore by yours now) without a Legal proceeding against them, and without consent of that House, whereof such Person is a Member, IS AGAINST THE LIBERTY OF THE SUBJECT, AND A BREACH OF THE PRIVILEGE OF PARLIAMENT; And the Person that shall arrest any of these Persons, or any other Member of the Parliament, is declared a public Enemy of the Commonwealth. And we do further Declare, That the Privileges of Parliament, and the Liberties of the Subject so violated and broken, cannot be fully and sufficiently vindicated, unless his Majesty will be graciously pleased, to discover the names of those persons, who advised his Majesty to issue out Warrants for the sealing of the Chambers and Studies of the said Members, to send a Serjeant at Arms to the House of Commons to demand their said Members, to issue out several Warrants under his Majesty's own hand to apprehend the said Members; Whereupon those who sealed up these Members Studies and Truncks were committed Prisoners, and threatened to be put by their places; as some of them then were.
From all which Votes, Resolutions, Declarations (to omit many others of this Nature) I must conclude and protest; that if the breaking up, searching for, seising, and bare sealing up of the Doors, Studies, Trunks, Papers of Subjects, and Members of the Commons House, or apprehending their Persons by Warrants from the High Commission, old Council Table and King himself, by Pursevants and Clerks of the Council Table (who were sworn Legal Officers) be such an high violation of the Law of the Land, the Liberty of the Subject, the Privileges of Parliament, and render such as are guilty thereof declared Enemies to the Commonwealth: Then your breaking up, searching my House, Studies, Trunks, and seising of my Writings, Papers, Person, by armed, unknown, obscure Soldiers, who are no Legal Officers▪ after all these Votes and Declarations, must much more be against the Law, and Liberty of the Subject, the Privileges of Parliament, and render you, them, and all who were active in it, notorious Enemies to the Commonwealth of England, unless you give me speedy Satisfaction and Reparations for the Injury, and retract those violent Proceedings with shame and indignation; which I Demand and expect of Right, without further delay.
Next, I must acquaint you, that I and my Servant too, have now been kept up close Prisoners, and restrained from all God's public Ordinances, above this fortnight, by color of your illegal Warrant; whereas the whole House of Commons, in their Remonstrance of the State of the Kingdom, 15 Decemb. 1641. reputed and Declared this, as the Compleating of cruelty, under the late King, That some Members detained close Prisoners, after the Dissolution of the Parliament 4 Caroli, were deprived of the necessary means of spiritual Consolation, in not suffering them to go abroad to enjoy God's Ordinances in God's house. Which soul-murthering cruelty I now suffer by your unjust restraint, and my Servant likewise.
I beseech you sadly to consider, not only the great Scandal, but impiety and danger of such restraints from public Ordinances. The Scripture defines the Devil himself to be the Original Author of such Imprisonments, Restraints of God's Saints and Servants, Rev. 2, 16. And further assures us, That Christ at the last Judgment, will say to those who did but only not feed, cloth, and visit the least of his Saints, when they were in Prison; Depart from me ye cursed, into everlasting fire prepared for the • evil and his Angels: What an heavy Doom then will he pass against those, who (against all Rules of Law and Justice,) cast them into Prison, and will there neither feed, cloth, nor visit, but starv • their bodies and souls too, as much as in them lieth, by depriving them of God's Ordinances, and all means of livelihood, as you do me, after all my former great losses, and long-continued sufferings. I cannot as yet be so uncharitable, as to believe you design the ruin of my soul, body, and wasted Estate; but if you de facto do it, by this injurious restraint, your sin is as great, as if you did design it.
If you think to justify or excuse these Irregularities and unjust violent Proceedings against me, by pretext of Necessity and public Danger, the only thing in Justification 〈1 page duplicate〉 〈1 page duplicate〉 I yet hear alleged by your Instruments; As this will be no Plea at all before Christ's Tribunal in the great day of Judgment; who prohibits all kind of violonce, injustice, oppression, injury upon any Pretence whatsoever, and will severely punish it; their Damnation being most just who do evil upon this unrighteous ground, that good may come of it: So it will not hold water before man's Tribunal, being resolved, declared, by the Judgment of both Houses, and an Act of Parliament in cases of Ship-money, Excise, Loans, to be no cause nor Justification of a Distress, much less of an Imprisonment. And it being a Necessity and Danger of your own making, not mine, the Rule of Law is, That noman shall take advantage of his own wrong to the prejudice of another. The late Beheaded King in his Answer to the Petition of both Houses, 26 Martii, 1 642. is so ingenious, as to confess, That the violating of Laws by his Ministers, and the mischief that then grew by Arbitrary Power, was made plausible to Us, by the suggestion of Necessity and Imminent danger; and thereupon he gave both Houses this caution: And take you heed, you fall not into the same Error, upon the same suggestions; which in his Answer to the Remonstrance of the Lord's and Commons of the 9th of May, 1642. he thus seconds, And therefore we had good cause to bestow that Admonition (for we assure you it was an Admonition of our own) upon both Houses of Parliament, to take heed of inclining, under the specious shows of Necessity and Danger, to the exercise of such an arbitrary Power they before complained of; The Admonition will do no harm, and we shall be glad to see it followed. And therefore for you, or those now acting, after these two serious Admonitions, to pretend Necessity and Imminent Danger, for these, with other Arbitrary courses, Proceedings, condemned in and by the King himself, and the whole Parliament, must be the hight of Oppression, Injustice, and will render you more detestable to the Nation and World, than ever they did the King, or his Evil Counselors.
To trouble you no further at present; I shall only inform you. That the Commons in their Remenstrance of the State of the Kingdom, Decemb. 15. 1641. Yea, both Lord's and Common • in their Declaration of 4 August, 1642. among other Designs, Practices of the Malignant Party and Counselors about the King, complained of this, as one of the most dangerous;
Sir, I was never yet a flatterer of any Person or p • rsons, how great soever in arbitrary and illegal w • ys, and my present extremities will be a sufficient Apology for this my boldness and plain▪dealing with you, as well as others heretofore in like cases, wherein the whole N • tions Liberties are concerned as much as mine own; wherefore I do once more, upon the premised Votes and Gro • nds of right, demand my present • nlargement, the restitution of my seised Papers, Writings, Records, Books, Tr ••• ks from you and your Associates, with reparations for these injurious proceedings against me from yourselves, 〈◊〉 the Origin • l Authors, and Principal Actors in them. And so exp • cting your undelayed Answer to my former and present Demands (who amidst your manifold employments, may spare as much time to do me right as wrong) that so I may know how to steer my course; I must, and shall till then remain
Your unjustly close restrained Captive, WILL. PRYNNE,
For his quodam kind Friend Mr. Serjeant John Bradshaw at Whitehall, these.
Dunster Castle, 16 July. An. Dom. 1650.
The third Letter to Mr. Bradshaw.
SIR,
I And my Servant attending on me, have for above 6 weeks space, against all Rules of Law, Justice, and the Votes of both Houses in my very Case, been already kept close Prisoners in Dunster Castle, debarred all free converse with others, by Discourse or Letter, and access to God's public Ordinances, by your illegal Warrant; and although I have sent 5 several Letters to yourself, and others of your Colleagues, declaring the illegallity, the extremity of these your Proceedings, and demanding nothing but Jnstic • from you, which not only one Christian, but Turk, Infidel, might justly challenge and expect from another; yet, I can neither receive answer, nor satisfaction from you in the least measure; when as I never sought to the late King himself in my former troubles, for anything I desired, but he ever gave me some positive answer or other, at the first, without one quarter of that solicitation which you have had, who professed yourself, my cordial Friend; Yea whiles I was close Prisoner in Mount Orgueil Castle, he was so pio • s, as upon the very first motion of the Governor (without any Petition from me) to grant me free access to all God's public Ordinances, Sermons, and the Sacrament, which I cannot yet obtain from you (pretending far more Piety and Liberty) after so many Letters; who are now so far from returning me any answer, that my Brother Bastwick (my Solicitor) I know not by whose direction, informed me, he can obtain no admittance to your presence, being put off, or denied entrance by your Attendants. A strange carriage of any Mortal towards his fellow Creature, but stranger in any Christian towards his Christiun Brother, and Professed Friend; when a • the most high, most glory • us, • mnipote • t, incomprehensible God, who dwelleth in the highest (a) Heavens, and in that light that no man can approach nnto; though King of Kings, Lord of Lord's, and a great King over over all the Earth, doth▪ so far humble▪ himself▪ (to teach the highest Mortals the like humility, and charity to their lowest afflicted Brethren) as, always to give fr • e access, a • open ear, a speedy audience, & ready answer to all the just prayers, & requests of the very mean • st of his Creatures, Servants here on earth (especially in the times of their D • stress) and hath registered this comfortable Precept, backed with a Pr • mise, not only of audience, but Deliverance, for every faithful Christians encouragement▪ Psal. 50. 15. Call upon me in the time of trouble, I will deliver thee, and thou shalt glorify me, The accomplishment whereof hath experimentally been made good unto them, upon all occasions, and is thus recorded to Posteriry by the Palmist in his own and others Cases. Psal. 34. 4, 5, 6. I sought the Lord, and he he • rd me, and delivered me from all my fears. They looked to him, and were lightened, and their faces were not ashamed. This poor man cried, and the Lord heard him, and delivered him out of all his troubles. Whose celestial example you are so far from imitating, notwithstanding this Evangelical-Precept, Luke. 6. 35, 36. Be ye therefore merciful, as your heavenly Father is merciful; for he is kind unto the unthankful and evil; (then much more to the good) that as yet I cannot find you so righteous, as that Dilatory Judge, which feared not God, nor regarded man, who although for a while he refused to avenge the importunate Widow of her Adversary, • et afterward said within himself; Though I fear not God, nor regard man, yet because this Widow troubleth me, I will avenge her, lest by h • r co •• inual coming she weary me. And therefore you may justly fear what follows in the next ensuing verses. And shall not God avenge his own Elect, which cry day and night unto him, though he bear long with them? I tell you, that he will avenge them speedily, of all those that injure, or refuse to do them right, according to that memorable Scripture, Prov. 21. 7. The robbery of the wicked shall destroy them, because they refuse to do judgment. If you still pretend, want of leisure to do me right▪ I shall fi • st mind you, that Ki • g Philip of Macedon, giving this ans • er to a p •• r Petitioner, who demanded Justice at his hands, that he had no leisure to do her right; received this bold reply from her, Noli itaque Regnare; Be you then King and President no longer over us, but let those reign who will find leisure to to do us justice; Whereupon he immediately did right, not only to this suitor, but divers others. It shall be my reply to your Dilatory excuse, and I wish it may produce the like effects in you as it did in Philip. Next I find, that si • ce my imprisonment in Dunster Castle, you have found leisure enough to grant out an O • der for the slighting of it, and removing the Garrison thence to Taunton Castle, and therefore I conceive you might at the same time, have found leisure enough, had you not wanted will, for my release from thence, who now am like to be tossed up and down by you, like a Tennis-Ball, from one Castle, and illegal Prison to another, to my greater trouble and expense, as I was by the late Tyrannizing Prelates malice, contrary to Law, and the Subjects Liberty, as both Houses voted in my very Case, which will be a further addition to my oppression, and your Injustice render you altogether as injurious, if not as malicious towards me, as beheaded Canterbury, & add very little reputation to your new Regency over us. And is this the only fruits of your pretended friendship and justice? the only guerdon, recompense of all my former Labors, Losses, Sufferings, for the Commonwealth, and Liberty of the Nation, even in the worst of times? is this the only Native English Freedom▪ I and other Patriots of our Country must n • w enjoy, expect, after so many years sufferings, wars, prayers, tears, fasts, (both public and private) so profuse an expense of our Treasure▪ Blood, and exhausted Estates, to regain, maintain our hereditary Liberties against all invasions, to be now at last, without, before any legal pr • cesse, or Inditement, upon m • er general surmises, fears▪ suspicions, thus violently pulled out of our houses, banished our habitations, divorced from our families, deprived of our Callings, disseised of our Offices, T • usts, Freeholds, attainted in new kind of Premunires, put out of protection of those very Laws to which we were born undoubted heirs; sequestered from all free converse with our Friends, Country-men, by conference or writing; debarred access to all God's publi • e Ordinances, for the instruction or consolation of our Souls; plundered of our Papers, Writings, Records, Horses, Arms, at the arbitrary Discretion of every Sowldier or New Militia-man, carried through the Country in triumph, like Turkish Galleyslaves, consined, banished, imprisoned, tossed up and down from one illegal Prison to another, from one illegal Judicatory to another, and ruined by uncessant new Taxes, Excises, Payments, without and against all rules of Law and Justice, contrary to so many solemn Protestations, Declarations, Remonstrances, Leagues, Covenants, ratified, subscribed in God's sacred presence, with hands lifted up to Heaven; And that by a few of our mere fellow-Subjects, who have not the least shadow of any lawful jurisdiction over us from God or Man, much less of any such absolute, arbitrary, Tyrannical Domination over our Persons, Estates, Liberties, Lives, as they now daily exercise: which the beheaded King, yea the most oppressive of his Royal Predecessors, never exercised, nor pretended to, but absolutely disclaimed and protested against, as both illegal and tyrannical? And must we still be constrained to pay heavy monthly Contributions, Excises, only to maintain Soldiers, to support such an oppressing Self-created Authority, power over us, and execute all their iregal Warrants, to break up, search, command our Houses, ransack our Studies, writings, seise, in prison our persons, plunder our goods, disseise us of our Freeholds, take away our lives, and make us more absolute Vassals to our new Supremacy, than the most Slavish Turks are to their Grand Seignior? Did ever the free people of England (voted by the Army and those at Westminster the only Supreme Authority of the Nation next under God▪ and the only fountain of all lawful Authority) ever transferr such an exorbitant Jurisdiction as this, over themselves, or me, to those at White-hall, or any other, who style themselves, their Representatives, or authorize them to do the least Action contrary to Magna Charta, the Statutes of 25. E. 3. c. 4▪ 42. E. 3. c. 3. the Petition of Right, the Statutes of 25. E. 1. c. 5, 6. 28. E. 1. c. 1. 34. E. 1. De Tallagio non concedendo. 1, 2, 3, 4. 14 E▪ 3. Stat. 2. c. 1. 1. R. 3. c. 2. 35▪ E. 1. De Asp • rtatis Religiosorum, and other Acts, but lately made and assented to by the late be-headed King, An. 1640? And if not, as is most certain, then how can, or dare you, thus illegally ab • se, imprison, close imprison m • , and sundry others, as you have done; and to levy illegal Contributions, and Taxes, on me since my chargable imprisonme • t, not granted, nor imposed by the Common Consent of the Earls, Barons, Great men, and Commons of the Realm in full Parliament, by Act of Parliament, only to maintain Soldiers to apprehend▪ secur • , impriso • myself, and th' other free-men of England, and Lord it • ver us, by color of your unlawful warrants, contrary to the express Letter of all these Acts and Resolutions of our two last Parliaments?
Yet this is not all the Oppression I now groan under; but as if the former had not been sufficient, some Malitia (rather then Militia) Gentlemen of our County, (the original Contrivers of my present Commitment, if I be not mis-informea) in the prosecution of their further malice towards me, on Tuesday night last, sent a Warrant by the Constable to my house (I know not by what new pretended Authority) to send in an horse and man, (such as they should approve of) completely furnished, to their worships, at Wells (17. miles from my house) the very next morning, without fail: To whom my Sister returned this answer; that I was a close Prisoner, fifty miles off: that I had neither • orse, nor Arms to send, and it was impossible to provide any at so short warning, neither would my estate bear such an heavy new Charge (being not chargable with an horse, by their late instructions) He replieth, that no excuse would serve, but and horse and man must be sent, under I know not what heavy penal • y • ; & none beingsent upon these Grounds, I daily expect to hear of their utmost Ex • remitys against this my pretended Default, being encouraged thereto by my present restraint: The illegallity and dangerousness of which new Arbitrary Authority in these Commissioners of the Militia, arraigning, Assessing men with Arms & imprisoning, fining men at their arbitrary Discretion, without any legal trial being largely argued, vored, resolved, 〈…〉 to the Kingdom, by the Declaration of the Lord's & Commons concerning the Distractions of the Kingdom, 1▪ 2. July 1642. By the Petition of both Houses, 20. July 1642. By his Majesty's Declaration to all his Subjects, Aug. 12. 1642. and by the Lord's and Commons 2. Declaration, against the Commission of Array, 12. Ian: 1642. I shall not dispute it here, but refer you thereunto. And for their present practice, in dis-arming many well affected Gentlemen and Yeomen of best rank and Quality, puiting their arms into Mercinaries hands, and not trusting them with their own or the Kingdoms Defense; as it is against all Presidents in former ages, cited either by the late King or Parliament, concerning the Array or Militia; so it was thus publicly declared against by the Lord's and Commons in Parliament, in case of the King and his party, in their Printed Declaration of 18. August 1642. A third observation is this; That Arms were taken from the honest Gentlemen, Yeomen, and Townsmen; and put into the hands of such desperate Persons as cannot live but by rapin • and spoil. A fourth, That not withstanding all the Vows and Protestations to Govern according to Law, which have been dispersed throughout the Kingdom, to blind and deceive the People. THE MOST MISCHEIVOUS PRINCIPLFS OF TYRANNY ARE PRACTISED THAT EVER WERE INVENTED; that is, TO DISARM THE MIDDLE SORT OF PEOPLE who are the body of the Kingdom • , AND TO MAINTAIN SOULDIERS BY FORCED CONTRIBVTION TO CREATE A PROVINTIALL GOVERMENT IN THE NORTH (but now throughout the Kingdom) CLEARLY AGAINST THE COMMON LAW, AND THE JUDGEMENT GIVEN THIS PARLIAMENT, for taking away the Court at York. That the Contrivers and Instruments of • h • se mischiefs, for th • ir better strengthening in these Designs, are about to join themselves in Association with other Counties; That Directions are given that such as shall oppose and • ot join with them, shall be violently plundered and pillaged ▪of their horses and Ar •• es, at least, if not of their goods and estates.) Upon all which considerations, and unjust Oppressions, now imposed on, or threatened to me be reason of my present restraint, I do once more, of mere common right, Demand my unconditioned present Enlargement, that • o my imprisonment may not survive my now Demolishing new Prison, where there are near 300. Pioners at work to level, not only the Castle Walls▪ but •••• lling house itself, to the very ground, by pretext of your fresh warrant; though the best Seat in the County; yea the ancient habitation of an Eminent Gentleman, and his Ancestors, who have been always cordial to, & sustained many thousand pounds loss for the Parliament; who yet, without any Notice, or 3 days warning, must have his house pu • led down over his head, before, yea without any view, hearing, or recompense; himself, his Wife and Family▪ turned out into the Streets (having no other habitation for the present,) & instead of receiving recompense for his former Six thousand pound losses or more, be rewarded with near ten thousand pound new Dammages, for his fidelity toward you; to the great rejoicing and triumph of all the Malignants in the County, who laugh in their sleeves, to see how gratefully and bountifully you reward your best deserving friends, for all their losses and Services for the public, with greater Injuries, Dammages, Affronts, Oppressions and restrai • is, than ever they received from the worst, and cruelest of their Enemies. Which is the present condition o • Mr. George Lutterell; the owner of my Demolishing Prison of Dunster Castle; and of
Your much oppressed close Impriprisoned Vassall, WILL. PRYNNE.
From my Demolishing Prison in Dunster Castle.
The fourth Letter to Mr. Bradshaw, and his Assocîates.
Gentlemen,
THese are to mind you, that after all my heavy sufferings of three Pillories, a double loss of my ears, stigmat • zing on both Cheeks, two Fines of 5000 l. apiece, expulsion out of the University of Oxford and Lincolns Inn, degradation in both, the seisure of my Papers, Books, Estate, near 9 years loss of my Calling, above 8 years imprisonment in the Tower of London, Fleet, Carnarvan, and Mount Orgueil Castle in Jersey, through the Tyranny of the late Prelates, Starchamber and Council Table, only for my public Defense of the Protestant Religion, Laws, and Liberties of the Kingdom, against Popery and Tyranny, in the worst of times, when few durst openly stand up on their behalf, to my Damage of ten thousand pounds at least; After above 8 years, faithful, painful services, since my enlargement, in maintenance of the Kingdoms, Parliaments just Rights, Privileges, Liberties, against all opposers; and other public employments for the Common good, with the almost total neglect and loss of my Practice, and expense of many hundred pounds out of my purse; After 3 Months costly, most injurious imprisonment by the Army, for discharging my duty, and speaking my Conscience in the Commons House, whereof I was then a Member (and am so still, if that House be yet in being, as you affirm, and so not subject to your New Whit • hal Jurisdiction▪ contrary to Law and the Privileges of Parliament; After sundry other Affronts, Injuries, Pressures, for my sincerity, fidelity to my Native Country (for all or any of which unjust sufferings, losses, meritorions services, by which our Religion, Republic, Parliament, Nation, received many great advantages, I never yet received one farthing recompense, nor the least advantage or preferment, of which I was never ambitious,) I have (to augment my former damages, oppressions, instead of repairing them) received this great accumulation to them, by color of your illegal Warrants under Mr. Bra • sbaws hand (who lately professed yourselves my Friends, and lamented my former injurious sufferings, though senseless of my present) before & without the least notice, summons, examination, or legal accusation; even a forcible infringement, search, rifling of my Studies, Trunks, Writings, Papers in Lincolns Inn, & house at Swainswick, by a company of armed Soldiers▪ who • e • sed sundry of my Writings, Papers, Bo • ks, 〈◊〉 Records, against Law, and sent them Whitehall; together with a violent Attachment of my own Person, (though no Fugitive, nor person in Arms) not by any known, sworn, lawful Officers, but a strong Party of unknown Troops, in my own house and Bedchamber, about eleven of the clock at night, on the Lord's day, the 30 of June last; who carried me through the County in triumph, as their Prisoner to Dunster Castle, (no ordinary Prison but a private Garrison) 50 miles distant from my habitation, where I have been kept close Prisoner (with my Servant who attends me) by more than four Quaternions of Soldiers (as Peter was under persecuting Herod) above 3 months space, though the walls thereof be demolished of late by your Order, to my • xtraordinary expen • e▪ and great damage, through my absence from my Family all the Harvest; during all which time neither I nor my Servant have been permitted the least access to God's public Ordinances, on Lord's-days, or Lecture days; nor to stir out of the Castle (where are no provisions at all to be had for anything I want) nor to speak with any Person, but in the Governors presence, or hearing; nor to receive or write any Letters upon any occasion, but what he must first peruse. And although I have written at the least Seven Lett • rs to Mr. Bradshaw, and others of you (my late i • timate f • iends, • omol ining of this unparalleled Injustic • and Tyranny, answering all Pretences of necessity and public Danger, to justify or excuse it, and manifesting it to be contrary to MAGNA CHARTA c. 29. 25 E. 1. c. 12. 28 E. 3. c. 1. 5▪ E. 3. c 9. 25 E. 3. c. 4. • 8 E. • . c. 3 37. E. 3▪ c. 18. 38 E. 3 c. 9. 42 E. 3. c. 3. 17. R. 2. c 6. 2 H. 4. Rot. Parl. n. 60. the Petition of Right & other Statutes, the very Common Law of England. the Liberty of the Subject, the Law s of God and Nature, the Resolutions and printed Declarations of the 3 last Parliamen • s, the expressed Votes of the Commons, & Judgment of the Lord's House, in my own particular Case and my Fellow Sufferers; yea a Greater Cruelty and Tyin some respects, than ever the late King, Star-Chamber, or be headed Canterbury •• flicted on me, who at first only summoned me by a Messenger, to appear before them, but never attached me by armed Officers or Soldiers; accused me of a particular bock upon which they examine • d heard, before they restrained me, and never committed me close Prisoner at first, nor laid any such restraints, upon me or my servant, as you do now for above 4 years space; permitting me free access to God's public Ordinances; free conference in public and Private, with whom, and Liberty to write to, and receive Letters from whom, I pleased, without any over-hearing or Jutervising; and to send my Servant abroad, upon all occasions (A Liberty which the Laws of England allow to all Traitors and Fellons whatsoever, and which beheaded Strafford, and Cant • rbury enjoyed, though impeached of the Highest Treasons by the whole Commons House, and yet deuyed unto me, by you, such Great Pretenders to Public Liberty, both of Person and Conscience, though hitherto accused, impeached of no Crime) yet notwithstanding, I can hitherto receive no relief, nor satisfactory answer to my just Demands from any of you; Whereupon I have been necessitated to address this brief precedent Narrative of your harsh proceedings against me, to you all in general, to leave you without excuse, and thereupon, as a Free▪born English man (who, as you well know, hath written, suffered more than any, or all of you, for the public Liberty of the Nation, without the least reward (upon which account I may Justly challenge, as great an Interest in the Laws and Liberty of the Nation, as any man this day breathing;) I shall make bold (being thus enforced by you thereunto) to make some Proposals unto you (who have Declared an unaccountable Power, or Officer in any State, to be A MONSTER both in Nature and Politicks;) for the public and your own particular good, and my better relief, which I beseech you sadly to consider, because I fear, you now meet with more * Sycophants than Faithful Friends and Monitors to inform you of your extravagances.
First, whether these exorbitant Proceedings against me, contrary to all the forementioned Laws, Statutes, Declarations, Parliamentary Votes and Resolutions of both Houses in my very Case, be an inviolable maintaning, upholding, preserving of the fundamental Laws of the Land, Liberty and property of the people, according to the Solemn Protestation, Vow, Covenant, you have made, subscribed, in the presence of the everliving God, with a real intention to perform the same, as you shall answer the contrary, at the great day of Judgment, or of your own former late printed Declarations, published to this Kingdom, Nation and the whole world? And by what authority derived to you from God, or men you can justify or excuse this extreme violation of all these Laws and Premises, contrary to the very Letter of your Protestations, Covenants, and public Declarations, in this second year of England's pretended Redemption from Tyranny and Slavery, which never felt, nor complained so much of both of them, as now under you.
2ly. How you, who profess yourselves such Eminent Saints, yea Patrons of public Liberty and Piety and justify the casting, detaining of Saints in Prison, which is the proper work of the Devil, and his Instruments. R 〈…〉 Isaiah 14. 17. Acts 5. 18. c. 12. 3, 4, 5. Mat. 14. 〈…〉 17 18, 21. but the opening of Prison doors, the loosing, releasing Prisoners, the proper office, work of God, Jesus Christ, and all good Angels, Psal. 146. 7. Isaiah, 61. ▪1. Acts 5. 18, 19. c. 12. 5. to 20. • he debarring me and my Servant above three months space, from all God's public Ordinances, on Lord's days, and week days, and denial of me so much freedom, Liberty, under your New Gaolers and Free-State Government in Christian England, as St. Paul (though accused for a Pestilent Fellow, and a stirrer up of sedit ion amongst the Jews throughout the world) enjoyed under the Pagan, bloody persecuting Tyrant Nero in Heathen Rome itself, Acts 28. 15. to the end: Yea, as all public Traitors, Malefactors whatsoever, by the Laws of the Kingdom 〈◊〉 enjoy, and all late restrained Cavaliers in Arms have enjoyed? And how you will at last escape that heavy Doom denounced against such, as do but only, not visit Christ's imprisoned Members; or such as trouble and oppress, without imprisoning them, recorded Mat. 25. 41. to the end, 2 Thes. 1. 4. to 10. if you thus close imprison, starve, undo me, without any just or real cause, only because you have present power in your hands, and the longest sword; against which practice and ground of present power, there is an heavy woe and judgment particularly denounced, Mich. 2. 1, 2, 3, &c. Which I desire you will seriously read and consider.
3ly. Whether it will not be esteemed an argument of extraordinary Cowardice, Guiltinesse in you, who have all the Militia and power of the Kingdom, both by Land & Sea, in your hands, and such great successes, as you publish; to stand in fear of such a mean, unarmed, despicable Person as myself; and thereupon only to mue me up close Prisoner, as you do, in a remote private Castle, against all Rules of Justice, Law, and Christianity?
4ly. Whether▪if you pursue, equal, exceed the Injustice, oppressions, Tyranny & greatest Exorbitances of beheaded Canterbury, Strafford, the suppressed Star-Chamber, Council Table, or late King (condemned, executed by you so freshly, for a Tyrant, must you not in all justice, reason expect, and in gods due time undergo the self same, or far worse Tragical, fatal ends, as they have done, with eternal Damnation to boot, notwithstanding your present power, Greatness, not half so well settled, bottomed, backed by Law, or otherwise, as theirs was, when they sare and acted in State, where you do now? For which I entreat you, advisedly to peruse, with sincere hearts. Rom. 2. 1, 2, 3, 5, 6, 8, 9, 21, 22, 23, 24. Ezech. 18. 12, 13, 24. and Isaiah 14. 4. to 24.
These Proposals premised, I have only as ma ny Demands to make unto you; to which I desire your undelay • d answer, not out of any favor, but mere right and Justice.
First, that if you have an • • riminal or Capital Charge against me, by any known Laws or Statutes of this Realm (as I am sure you have none) you will then bring me to a speedy, Just and Legal Trial for it, upon an Inditement or Presentm • nt of the good and Lawful People of the Neighbourhood, where my pretended Offence was c • mmitted, before a Law • ull Tribunal and Legal Judges; (if there be any such now in being:) and that I may be tried by the Lawfull Judgment of my Peers, according to the good old Laws of the Land; and have all just exceptions and challenges allowed me; and not to be murdered, destroyed as some lately have been, by Tyrannical and Arbitrary Courts▪ Marshal, or mi • -named▪ New Courts of high Justice, set up in direct opposition subversion and destruction, of the very Common Law of England, (the Highest Liberty of the Subjects, the very safety, preservation of their Lives, their c • ief • st Bulworks against all Arbitrary Powers, which are all now prostituted to the Lawless wills of others) & the express Statutes of Magna Charta, c. 14. 29. 25 E. 1. c. 1, 2, 3. 28 E. 1. c. 1. 1 E. 3. c. 19. 2 E. 3. c. 1. 4 E. 3. c. 1. 5 E. 3. c. 1. 9. 10▪ E. 3. c. 1. 14. E. 3. c. 1. 15 E. 3. c. 1, 2, 3. 20 E. 3. c. 1. 3. 28 E. 3. c. 2▪ 4. 28 E 3. c. 1. 31 E. 3. c. 1. 37 E. 3. c. 1. 18. 38 E. • 3. c▪ 1. 9. 42 E. 3. c. 1. 3. 45 E. 3. c. 1. 50 E. 3. c. 2. 1 R. 2. c. 1 2 R▪ 2. c. 1. 3 R. 2. c. 1. 5. R. 2. c. 1. 5. 6▪ R. 2. c. 1. 7▪ R. 2. c. 2▪ 3. 8 R. 2. c. 1. 9 R. 2. c. 1. 12 R. 2. c. 1 13 R. 2. c. 2. 5. 14 R. 2. c. 1. 12. 1 H. 4. c. 1. 10. 2▪ H. 4. c. 1. 11. 19. and Rot. Parl. n. 60. 4 H. 4. c. 1. 7 H. 4. c. 1. 9▪ H. 4 c. 1. 13 H. 4. c. 1. 2 H. 5. c. 6. 8, 9. 2 H. 5. Stat. 2. c. 3. 3 H. 5. c. 1. 7. 4 H. 5. c. 1. 7 H. 5. c. 1. 2 H. 6. c. 1. 6 H. 6. c. 1. 8 H. 6. c. 10. 29. 9 H. 6. c. 3. 10 H. 6. c. • 0. 14 H▪ 6. c. 1. 15 H. • . c. 5. 18 H. 6. c. 12. 20 H. 6. c. 9. 31▪ H. 6. c. 1. 33 H. 6. c. 2. 1 R. 3. c. 3, 4. 11 H. 7. c. 1. 11 H. 7. c. 21. 4 H. 8. c. 2. 6 H. 8. c. 6. 22 H. 8. c. 2. 14. 23 H. 8. c. 3. 13. 25 H. 8. c. 6. 22. 26 H. 8. c. 5. 6. 13. 27 H. 8. c. 4. 24. 26. 28 H. 8. c. 1. 7. 15. 32 H. 8. c. 4. 33 H. 8. c. 12. 20. 23▪ 24. 35 H. 8. c. 26. 35 H. 8. c. 1. 2. 37 H. 8. c. 5. 6. 8. 1 E▪ 6. c. 1. 10. 12. 2 and 3 E. 6. cap. 1. 2. • 4. • & 6 E6. c. 4. 9. 〈◊〉 11. 14. 1 Mar. c. 3. 6. 1 & 2 Phil. & Mar. c. 10. 4 & 5 Phil. & Mar. c. 3. 4. 1 E. c. 1. 2. 5 Eliz. c. 1. 4▪ 10. 11. 15. 21 Eliz. c. 3. 4. 13 El. • . 1. 2. 14 Eliz. c. 1. 2▪ 3▪ 18. Eliz. c. 1. 2 • Eliz. c. 1. 2. 27 Eliz. c. 1. 2. 29 Eliz. c. 1. 35 Eliz. c▪ 1 • . 39 El. c. 15. 43 El. c. 13. 1 • ac. c. 28. 11. 12. 27. 31. 3 Jac. c. 2. 4. 5. 13. 4 Jac. c. 1. 7 Jac. c. 1. 6 10. 13. 21 Jac. c. 4. with sundry other Acts, and the very Letter of the Petition of Right (so highly magnified fo • the most excellent▪ most just, free and equal of any other Laws in the World, by those now sitting at Westminster, in their Declaration of March 17. 1648. for settling the present Government in way of a Free State, wherein they solemnly engage inviolably to maintain them; and yet now trample them all under feet by these illegal arbitrary • udicatories, so much declaimed against heretofore) of purpose to destroy all sorts, degrees of Subjects, and Freemen of England,) Though no Soldiers under Military Discipline, contrary to all these Laws and Franchises of the Land; when and where, no Legal Jury, nor Court of Justice; will or can condemn them; adju • ged willful murder here • ofore, and so resolved▪ in P • rliament, as Sir Edward Cook informs us in his 3. Institutes (printed by Order of the House of Commons,) and so esteemed by G • d himself, though coloured by a • re • ext of Law, Psal. 94. 20; 21. 1▪ Kings 21▪ • • o 2▪5. John 19. 7. 16. 18. compared with Acts 2. 23. c. 3. 14, 15. c. 7. 52. yea a more transcendent publicly avowed Act of absolute Arbitrary Power; and Tyranny, than ever the late King or any of his Predecessers were guilty off, which endangers every man's life, and chopps off every man's head, in taking off any ones, yea▪ such, as in conclusion, may prove a new Perillus his Bull, to torture, destroy the first • uve • tors by God's just judgments; the Heathen Poet • vi • observing,
Whereof we have a memorable Scripture President in that Tyrant, Adonibezek, Judge. 1. 6, 7. and in the shedders of the blood of Saints, Rev. 16. 5, 6. seconded with four formidable Comminations both in the old & New Testament, G • n. 9. 6. Ezech. 35. 5, 6. Obad. 10. 15. &c. Jam. 2. 13. Rom. 2. 1, 2, 3. and with a most observable example in Thomas▪ Lord Cromwell, recorded by Hall, and Sir Edward Cook, in his 4 Institutes p. 37, 38. who in the height of his greatness & power, endeavoring to procure an Act of Parliament, to take away some other m • ns lives, without any Lawful Inditement Trial & by their Peers, contrary to the forementioned Laws, by the mere Legislative power of the Parliament, was the first and only man that suffered and l • st his head, wi • hout any Legal Trial, by a bare Act of Parliament. 31. H. 8. c. 3. which kind of illegal taking away men's lives, being next degree, & very near of kindred to a private Assasination, or Public Massacre of those we fear or • ate; and in one respect worse than either of them, because disguised with a pretended show of Justice, is forever to be abominated and exploded by all Pretenders to Piety and Public Freedom, and not ▪to be tolerated in any free Monarchy or Republic upon any pretence of necessity or Public safety whatsoever: and so much the rather, because the blood of such so murdered and destroyed, will cry loud to God for exemplary Vengeance, as Naboth • did, 1. Kings. 21. 10. to 25. And if he that only hateth his Brother, be a Murderer and hath not • ternall life abiding in him. 1 John▪ 3. 15. Then certainly those who thus not only hate, but illegally destroy and execute their Christian English Brethren, yea s • ay their B • ethren in Covenant, by thousands, with a rage reaching up to Heaven, 2. Chron. 28. 9. 13. must much more be bloody Murderers in God's accoutnt, and sha •• never inherit eternal Life, unless they seriously repent and abandon all such Barbarons Cruelty, and new Butcheries of men, which every Heroic Christian and true English Spirit cannot but with highest indignation p • otest against, out of zeal to God's Honor, his Native Countrys, hereditary Liberties, his own and posterities safety, which I desire you to • ay close unto your spirits, as you will answer the contrary before Christ's Tribunal at the last, upon the seasonable information and admonition of him, who hath suffered so much for his Countries Freedom, and would rather die ten thousand de aths than see it (after so much expense of Treasure. blood in defense, of the for ecited Laws, and public Freedom) enthralled to such a strange new Butchery and Tyranny, as this (and that in Westminster Hall it • elf in the highest Court of Law and Justice in former times) under the monstrous contradictory Title of High or Highest Justice; true only in the Proverbs sense,
2. If you have no particular Charge or Crime, for which by Law you can thus restrain me; that you will then immediately enlarge me, without any limitations or conditions whatsoever; and render me full Dammages for my false Imprisonments past; and not thus mo • est and oppres • e me for the future, against all Rules of Justice and Piety.
3. That you will presently restore all my seised Trunks, Books, Records, Papers, Writings, being most of them my own peculiar; the rest the only Justification and Defense I have • , if ever I should be hereafter questioned for any Treatises I have published concerning the late King, Canterbury or others (out of my s • ised Originals or Transcripts) for the Common good; which certainly deserve a far more honorable reward, and grateful requital, than such a violent public search of my house, studies, seisure of my Truncks, Papers, by Soldiers, and so long strict, chargeable a close imprisonment of my Person, as I have sustained.
4ly. That, if you will still close imprison me against Law & Conscience, you will then either defray the charges of my imprisonment, or else cause the Treasurers of Bishops Lands immediately to pay me the 800 pounds salary due unto me as a Contractor (for which I never yet received one cue, and should never have desired anything, but upon this extraordinary occasion of expense) and the Committee for your Army, to pay me all such moneys, as are or shall be certified to be due unto me for free quartering of your Soldiers, to help support me in Prison, and defray those Debts, which your present oppression, the loss of my Calling thereby, and your illegal heavy Taxes have contracted, instead of receiving any recompense for my former illegal sufferings, damages, and manifold faithful Services for the public, according to former public Engagements and Votes.
And so expecting your undeferred positive answer to all these just demands, I shall till then remain,
Your over-oppressed close Prisoner and Captive, WILL. PRYNNE,
To Mr. John Bradshaw Serjeant at Law, and the rest of his Assessors at Whitehall, present these.
Dunster Castle, Octob. 30. 1650.
TO Mr. JOHN BRADSHAW, AND HIS ASSOCIATES AT WHITEHALL, (Stiling themselves the The Council of State) his Imprisoners.
The Remonstrance of several Grievances, and Demands of Common Right by William Prynne Esq their 2 years and 3 months Close Prisoner under Soldiers, in the remote Castles of Dunster, Taunton, and Pendennys in Cornwall, before any Legal Accusation, Examination, Indictment, Trial, Conviction, or Objection of any particular Crime after above 8 years former Imprisonments, and unrecompensed great sufferings, Losses for the Public and Religion under their White-hall Predecessors, and all his Faithful, Unmercenary Services for the Public Laws, Rights, Privileges of the English Nation
THat although he be a Freeman of England, both by Birthright, and Dear-bought Purchase, having formerlysustained above 8 years imprisonments, and more heavy Sufferings in his Person, Calling, Estate, than any of this Nation; merely for writing in Defense of the • ust Laws, Liberties, Franchises of the Land, and true Protestant Religion, in the worst of former times, against the Invaders thereof, and spent the greatest part of his life and estate in painful studies, S • rvices, Sufferings, Duresses for the Public (without the least Recompence, Reward, or Self advantage) our of a sincere Public Spirit, unbiassed with private ends. And hath in all his Relations, as a Lawyer, Magistrate, Committee-man, Member of Parliament, of this Kingdom, and a Christian, diligently endeavored to keep a good Conscience always in all things void of offense toward • God and Men; never to his knowledge perpetrating any Crime, deserving Bonds or close Restraint, by any known Law of this Land, nor acting or writing anything, but what his own deliberate Judgment, Science, Conscience, clearly resolved him, to be agreeable to, and warranted by the sacred Oracles of God, the Principles of our Reformed Religion, the Fundamental, Common Statute-Laws, Franchiscs of England, the Resolutions, Judgments, Declarations of our ancient and late best Parliaments, and B • oks Printed by their Authority; and those solemn, serious Oaths, Protestations, Covenants, imposed on, and oft taken by him, by Parliamentary Authority (which still lie as immnutable, inviolable, divine obligations on his Soul, till otherwise convinced of his total and final Absolution from them, by the brutish Arguments of the longest Sword, and long, illegal, close imprisonments under Sword-men) in pursuance of his bounden duty to God, his Lawfull Superior Powers, and beloved Native Country, whose truest, greatest, weal, Peace, Settlement, he hath ever studied, advanced to his utmost power, by all Christian, honorable, just and righteous means, though encountered therein with many Discouragements, and ingrate requitals from most sorts of men.
That although by the express provisions of the Common Law, the Great Charter of England, ch. 29. (confirmed in about 40 several Parliaments) the Statutes of 25 E. 1▪ c. 2. 28 E. 1. c. 1, 2. 1 E. 3. c. 5. 5 E. 3. c. 8, 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 35 E. 3. rot. Parl. n. 20. 37 E. 3. c. 18. 42 E. 3. c. 1, 2▪ 3▪ & rot. Parl. n. 42. 2 H. 4. rot. Parl. n. 10. 4 H. 4. c. 13. 5 H. 4. c. 10. 23 H. 8. c. 2. The Petition of Right, 3. Caroli. The Act for In pressing Soldiers 17. Caroli, with sundry other Statutes; the printed Decl • rations, Remonstrances, Judgments, Votes of all our late Parliaments, and the known Rules of Common Justice, no English Freeman may or ought to be arrested, imprisoned, exiled, outlawed, or deprived of his Liberty, Freehold, Writings, Papers, Members, Life, Franchises, without due Processe of Law, Indictment or Presentment by his Lawfull Peers, executed by known, Lawfull responsible sworn Officers of Justice; after a Legal Accusation, Examination, or Conviction of • ome partic • lar Offence; nor enforced to go out of his own Country, against his will, or imprisoned in any private or foreign Castles, but only in Common usual Prisons, under sworn Gaeolers, without debarring free Access of Friends and Letters to or from him, or searching his House, Study, Truncks, Pock • ts for Writings, Letters, Books, to pick out matter of Accusation against him, or examining himself, or others▪ Ex officio, to that end, in an extrajudicial manner, before any Legal Charge exhibited; Nor yet translated from one unusual Prison to another, without hearing, or bringing him to any just, lawful Tribunal, the next General Assizes or S • ssions held within the Country, wherein he is imprisoned, or releasing him the next Goal delivery, if not then indicted and Legally prosecuted for what he is imprisoned. That albeit his former professed, oppressing Enemies, the old Council Table, Star Chamber, High Commission, Lord's and Prelates (condemned, suppressed, and some of them executed by most of your concurrent suffrages, as the greatest Tyrants, the last Parliament, for their extravagant, unjust Censures, and some exorbitant Proceedings against him and others) were even then so candid and honorable towards him, at first (though accused of pretended scandalous, seditious Passages in his Histriomastix against the King, Queen, Court, State, Government, Prelates) as not violently to attach by Troopers in the night, and close imprison him in remote unusual Castles, without hearing, but only summoned him by a single n • armed, known, sworn Messenger, to appear before them the next day, and upon his appearance charged him for writing a particular pretended offensive Book, then produced and heard him concerning it, before they committed him; and after sent him Prisoner at large to their usual Prison, the Tower of London, under an honorable Guardian, near his then residence, and friends, who with all others had free access to▪ and conference with him, both in public and private, without restraint, or any Evesdroppers, appointed to over-hear their discourses with h • m, and supervise all Letters, Writings, Papers to and from him; which Liberty he there enjoyed, even after his first severe Sentence, till the second Bill against him. And when after they caused his Study and Chamber to be searched, employed only Mr. Noy, then the Kings Attorney, and two Clerks of the Council (Responsible Persons of eminency, learning, judge meant, able to judge of Books, and writings fit for leisure, not rude illiterate Soldiers) in that service; who never finally ransaked his Pockets, nor seised any Notes, writings, Letters, Books, not relating to his Charge; which they speedily prosecuted in a usual Court of Justice, continuing him, even after their first Sentence, a Prisoner at large in the Tower. After which they exhibited a second Bill against him, Dr. Bastwick, and Mr. Burton in Star-chamber, concerning particular Books thereto annexed, and heard them (in a sat) at the Barre, before, they sentenced them to be kept close Prisoners in remote Castles, and upon their removals thither, gave them convenient notice, to provide necessaries, provided Horses, Coaches at the Kings own cost, to carry them Prisoners thither, and afterwards provisions and Ships to transport them to Jernsy, Garnsey, and Silly Castles, promising to allow them competent diet, during their close restraints (which the other two ordinarily received, and he but for 3 weeks only in the Tower) never placing armed C • nti • else day and night at their doors, dogging them at the heels, when ever they stirred out thence, but to suck in Prisonair, or exonerate Nature, during their closest Restraints; yet notwithstanding, such is his strange late unhappiness • , after all his pristine Martyrdoms, and unmercenary eminent Services for Religion, Laws, Liberties, and his Country, instead of receiving the least voted satisfaction for them; as that by color of several illegal warrants from you (though for the most part his late professed Christian Friends and Servants too in verbal complements, as he was really some of yours, and the publikes upon all occasions to his power) issued under Mr. B • andshaws hands, not to Legal▪ known, sworn, responsible, public Officers of Justice (as by our Laws they ought to be) but to unknown, unusual, unsworn, obscure, ignorant Soldiers (unable to judge of scandalous or seditious Writings, Letters, Papers, Books, Records, and never raised nor paid by the Nation for such unlawful empIoyments, subverting all the foresaid Laws, and Subjects common Liberties▪ for whose real (f) Defense they were first waged by the Parliament, as violently to force and ransack Men's Houses, Studies, Papers, arrest, imprison their Persons in private Castles, now turned into Common Gaols, and they into Gaolers) his Chamber, Study, Truncks at Lincolns June▪ during his absence thence, by a party of Soldiers (to him yet unknown) before the least Summon • , accusation, examination, or objection of any special Crime against him, on the 26 of June 1650. were forcibly searched, ransacked, and all his Writings, Papers, Records, Letters, Truncks (as he was informed) carried away by them thence (without giving any Inventory of them) to White- • all, with some printed Books. A • ter which, on the 30 of that Month, being the Lord's day, a strong party of Hors • , near Midnight, beset and forced his House at Swainswick in Somersetshire (though he then openly resided, being never a Fugitive, nor afraid to look any mortal or Tribunal in the Face all his life) seised his Person in his Bed▪Chamber, searched all his House, Study, Truncks, with his Sisters and Servants Chests, & Boxes for Writings, Papers, Letters, Records, Books, taking away what they pleased▪ and then bringing him Prisoner to their quarters▪ carried him out of the way, through the whole City of Bristol, as their Prisoner, in the head of two Troops in triumph, with Trumpets sounding, like a transcendent Malefactor; After which they delivered him over to Dragooners, who conveyed him clos • Prisoner to Dunster Castle; (a Garrison 50 miles from his house) w • ere he and his Servant attending him (though he could get no provisions dressed in it) were by your pretended Orders, detained close Prisoners, under armed Guards, denied liberty to speak with any of their friends, or others, about any occasion, but in the presence and hearing of captious Evesdroppers, observing every word they spake, or to receive or send any Letters (though to yourselves, by their Guardians own hands) or read any Books, but what they first perused and approved, who were there his supreme Governors, being two late beardless Apprentices, the one to a Baker, the other to a Cutl • r in London, understanding neither Latin nor Law; nor able to write true English, yet one of them a constant Chaplain to his Soldiers (who for the most part seldom resorted to any Ordinances in public, reviled our Ministers, Sacraments; some of them openly asserting, by word and writing, the mortality of men's souls, as being naught else but flesh, and dying with their bodies, with other erroneous Arminian and Jesuitical Te • e • ts) who most unchristianly debarred him and his Servant from all God's public Ordinances, notwithstanding many fruitless complaints unto you for redress of this Soul-murthering cruelty▪ And so over-officious were they, as (without and beyond your Orders) to keep a constant Court of Guard at his Chamber door, to his great disturbance, and others there, to search, and six days imprison one of his Servants, who brought him necessaries from his own only Sister, merely, for offering to her by his command, a Copy of your Order for his imprisonment, and of▪a Letter to you for his enlargement, (formerly perused, allowed, and sent to you by them) for her satisfaction; denying her afterwards (when she had taken a long winter journey thither, only to visit him) the least access unto him for an whole night and day; and at last, upon her resolution to depart without sight of him, admitting her to visit him, upon this precedent promise and condition, not to stay with him above one quarter of an hour, though in their Supervising, over-hearing presence; albeit she was formerly admitted to him, without delay, scruple, Evesdropper, and to continue with him many times, for sundry hours together, whiles he was close imprisoned in the Tower, by the Star-chamber Lord's and Prelates. After which, (upon their mis▪informations) his Laundresse Mrs. Carre in London, Mr. George Gear his Sisters Husband were both examined, and committed Prisoners, and Mr. George Luttrel and his wife in Dunste • Castle strictly examined, upon special Articles by your Order, of purpose to sift out, post factum, some matter of accusation against him, to justify these Antecedent injurious Proceedings; and himself for the same end, was there sent for to be examined ex Officio by Colonel▪Pyne (his greatest causeless Enemy and Prosecutor) concerning things done, and Pamphlets printed in London, after his close Imprisonment at Dunster, which he never heard of, nor saw before; to which revived Prelatical, High-Commission Proceedings (condemned in all ages, as unrighteous, tyrannical, and so lately damned in full Parliament as such) he refused to submit, for the Reasons mentioned in his Protestation, drawn up, and then promised to be sent unto you by John Pyne his Examiner. Besides, his Servant there attending him, was solicited by some of your Agents, not only to desert his Service, but also to betray his Secrets and him, Soldiers there set, not only to listen at his Door, Windows, but to creep behind the hangings▪in his Chamber, (whereof they kept the Key) whiles he and his Servant were at their private Prayers, to pick matter from them to accuse him▪ And not only his Prison Chamber, Bed, Bedding, Cloaths, Hangings, but even his very Pockets were there forcibly searched by his armed Guardians, by pretext of your Order, and the Copies of his Letters, in answer to theirs, with his very Collections out of, and Tables to the Books he there read, violently taken away without Restitution, notwithstanding his Resistance, Protestation, and reading of sundry Declarations of Parliament there against it; declaring such searches, not only against Law, and the Common Liberty of every Subject, which they might resist with force, but those to be public Enemies to the State, who attempted them: Whereunto his Guardians replied, They were commanded by you to do it; and therefore must obey without dispute against thes • Declarations: Adding, that they must and would kill, hang, or cut his throat (though never ac • used, nor condemned of any offense) if enjoined by you so to do, so well were they versed in the Jesuits Doctrine, and Practice of blind Obedience, and Assassination too, upon all occasions; Of all which particulars, though he earnestly complained to all and sundry of you, by divers Letters, yet he received not the least redress: But was (to Mr. Lutterils and the Countries great charge and oppressing) kept▪there still clōse Prisoner in Mr. Lutterils domestic Castle Lodgings, with 20 Soldiers purposely to guard him sundry Months after the Castle walls and out-Houses there demolished (before any notice, or without the least • atisfaction, given to the owner thereof▪ Mr. Lutteril, damnified above 4000l. thereby to recompense his former 6000l. losses by the Kings party, for his fidelity to the Parliament, whom he served gratis as a Colonel) and the Garrison thence removed by your specia • Order; which in Law▪reversed your Warrant for his Imprisonment there, and set him free.
After which on the 12 June 1651. by a Warrant from Colonel Desbrow, without any from you, to increase his expenses and vexation, he was translated to Taunton Castle (notwithstanding his Protest against it, as being then set at Liberty in point of Law, by Dunster Castles dismantling, and that Garrisons dissolution, to which only he was confined, and no Prisoner to this Colonel, nor subject to his Military Power, by any Law he knew) whither being brought close Prisoner, he was for want of Bedding (which the Governor could neither borrow nor hire in the Town, so much did they detest his causeless close imprisonment there) mued up close Prisoner in an Inn over against the Castle (even when some Collonels formerly in arms for the King were there set free) with two Soldiers to guard him, who had so much good manners, as not to permit Captain Georges (though then a Colonel of the County Militia Horse) to see or speak with him in their presence, unless he would first seek out his Governor at the Castle, and gain his license; two others of them having the like rudeness at Dunster Castle, as to quarrel with and affront two Devonshire Gentlemen of quality (there visiting Mrs. Lutterel their Kinswoman▪ only because one of them passing by your Prisoner, as he was walking, moved his hat, and said, God bless you Sir, without the Governors previou • license; and the other recited only a consolatory Latin verse to him out of Virgil, whereupon they saucily told him; he ought to speak no word or language but what they understood, & should answer it to you if he did. And whereas he desired the Governor at Taunton, being very near the Church, to permit him to go to the public Ordinances there, he having no Order to restrain him from them, or so much as to imprison him there from you; he peremptorily refused it, whereupon he demanded leave to send a Note to Taunton Church, to desire the Prayers of that Congregation from which he was debarred, to this effect; Mr. William Prynne having for 12 Moneths space last past, been totally deprived of, and debarred from God's public Ordinances (which he enjoyed in his former close restraints) and from free converse with men, without any particular cause yet declared to him for this his strict restraint, desires the public and private prayers of this Congregation (whereto he is now denied access▪) for restitution to God's Ordinances, and his just Christian and Civil Liberty, after full ten yeans imprisonments and sufferings, for Defense of our Religion, and the Laws and Liberties of this Kingdom and Nation, which Note he enclosed in a Letter to his Governor, proving it to be a chief part of Christian Liberty, and a Gospel Duty, for him to desire, and them to make their public, private Prayers to God for him in such a condition, By Acts 10. 5. 12. Rom. 15. 31, 32. 2 Cor. 1. 9, 10, 11. 2 Thes. 3. 1, 2. 2 Tim. 1. 2, 3. Adding, that all the world, and his own Conscience, would cry shame on, and condemn him, if he should now deny him the benefit thereof. Upon which his Governor was so surprised, that to prevent the infamy of stopping this Note, or reading it publicly in the Church if sent; he ordered his Lieutenant to accompany his Prisoner to the Congregation, with his two other Guardians.
About two weeks following, upon a bare Information, That Taunton was an unfit place for his restraint (because he had some acquaintance, and good accommodations for Soul and Body there, and was nearer his friends than before) though not unfit for Collonels of that County, formerly in Arms against the Parliament, there lodged in Inns and private houses, walking about the streets at pleasure, with one single Soldier only to guard them) he was about the 27 of June 1651. by your fresh warrant, upon few hours warning (before he could procure a horse for his Servant, or necessaries for so long and costly a journey) (notwithstanding his special open Protestation against his transcendent vexation, and reading the late unanimous Votes of all the Commons (and most of yourselves) in Parliament against it (in his own and his former fellow sufferers Cases) to his Condnctors) mounted against his will upon a Troopers Horse, without his Servant, clothes or Linnen, by a party of Captain Warringtons Troop, and by them carried close Prisoner that night to Crediton in Devonshire, and from thence by other fresh Parties of other Devonshire and Cornish Troops (who were all generally very civil to him, some of them having formerly conducted him voluntarily towards London in his return thither from his pristine close restraints in ferein Castles, and lamenting they were now forced against their wills, to conduct him to a new close Prison, without an cause or crime at all expressed in their Warrant;) He was on the 2 of July 1651. brought close Prisoner to Pendennis Castle, near the extremest parts of Cornwall (50 miles further than the Star-chamber Lord's, by their last severest sentence sent Dr. Bastwicke and him, whether his very trespassing Beasts could not be driven by Law) being above one hundred and fifty miles from his house, near two hundred and fifty miles from his Library, and usual Residence at Lincolns Inn, out of all common roads; where his kindred, friends, at such a vast distance can neither conveniently visit, send to, hear from, nor supply him with necessaries, where he can have no accommodation of Books to read, nor of Physic, Physicians, or other conveniences in case of sickness, nor lodging fit for a Gentleman, being for three Months space imprisoned in a narrow Chamber, newly made for him (for want of other Lodgings) just over and besides the Soldiers main guard▪ from which it was severed only with a few thin borders) where, by reason of the guards continual noise, walking, talking, releasing, drumming, and the like, he could enjoy no rest nor sleep, day or night; to the great impairing of his health, eye-sight, and interruption, not only of his Studies, but Meditations and private Devotions.
After which (upon the enlargement of the Cornish Gentlemen, formerly in Arms against the Parliament, there secured) he was removed to the best Chamber the Marshalsee there afforded, being but mean, low, small, and by reason of the natural situation of the place (upon the Top of an Hill next the Sea, near surrounding it, without any tree or other shelter) is so exposed to winds, storms, tempests, driving the rain through the Windows, Tiles, Chimney, and Fire oft times out of the hearth; and so subject to smoke, that the last tempestuous winter, his Chamber was sundry times near over-flown with water, and he forced to set therein many whole, wet, cold days and weeks together, without fire, and sometimes to extinguish it when kindled, lest the smoke should su • focate him▪ or put out his eyes, (it being so moist withal, that it presently moulds and rots, Cloaths, Books, Shooes, Vnguents, and other things; and so dark in Winter, and cloudy weather, that he can hardly see to read therein at Midday) By reason whereof his health hath not only been impeached, but his very life endangered, he having no place to walk within doors, and there being no walking without doors in wet and windy seasons, here very frequent.
And whereas some of the Cornish Gentlemen here secured by your order for▪being Colo • else and Officers in the late Kings Army against the Parliament, had so much liberty from Captain Charles Shrubsoll (Deputy Governor of the Castle here under Sir Hardresse Waller) as in those pretended dangerous times of the feared Scottish Invasion, to repair home to their Friends and Houses only upon their Pa • olls, to walk abroad out of the Castle, both about their occasions, and for their recreations, to visit their fellow Pris • ners in Arms at St Maurs Castle (who likewise oft repaired to visit them here) and to consult together, and write Letters concerning their enlargements, without any restraint; which liberty▪ I no ways envy or dislike; yet such was his strange severity towards your Prisoner (though a constant Servant, Friend, Adherent to, and Member of the Parliament) as not only to place special Sentinels at his door day and night) who followed him with their Matches lighted, Musqusts at his heels, when ever he stirred out but to ease Nature, or walk before his Chamber door, in the view of other Sentinels and Soldiers, though he had the Marshal and his Servant besides to guard him) notwithstanding his Protests against it (being no Prisoner of War) as a new Military Oppression, Innovation beyond your Orders, and contrary to Law, exposing him to the custody of as many new Gaolers, every day, as there were fresh Sentinels, never imposed on him in the Tower or other Garrisons, whiles close imprisoned in them by the Prelates, (which yet he still continued) but likewise to debar him from repairing to the Parish Church to God's public Ordinances and Sacraments, though there be no Chapel nor Minister in Orders in the Castle, but only private meetings in the Store-house, where a Chaplain never in orders, and sometimes Soldiers pray and speak (as they phrase it) upon some Scripture Text, without reading or singing any Psalm or Chapter, or using any Sacraments, (And although this Captain and most of his Officers, seldom or never resort to these, nor yet to any other Meetings, from which they withdraw themselves, as being either above or against all Ordinances) yet he would by no means permit this Remonstrant to resort to God's public Ordinances at the Parish Church, contrary to the express word and meaning of your Warrant for his removal hither (occasioned by his forecited Note to his Governor at Taunton) to permit him Liberty to repair to the public Ordinances of God's worship, if he shall desire it, which restraint he continued to his great spiritual prejudice, oppression, and discomfort, notwithstanding his often desires and expostulations too (till Captain Cozens upon the receipt of your late explanation in August last) permitted him this Liberty. And not content herewith, this Shrubsoll peremptorily denied him Liberty to send any Letters to yourselves, or other his Friends in London, to demand his Freedom, or procure his enlargement, or to complain to yourselves of these his unparalleled Injuries, even after his perusal of the Laws, unless he would likewise first give him Copies of them under his hand, and also trust him with their conveyance, when and by whom he pleased; which restraint of Letters (beyond and against your Orders) this Captain obstinately continuing above 8 months space, notwithstanding his Remonstrants, several expostulations with him, and protests against it, as most injurious, unreas • nable and tyrannical, never formerly imposed on himself, or other Prisoners, by any Guardians of late, nor yet anciently on the Prophet Jeremiah himself, when imprisoned under impious K. Zedechia, as a Traitor to him and his Kingdom, wh • writ and sent abroad his Prophecies against the • in his very Prison, and n • w writ and disp • sed them abroad again, with many additions, when bu • nt by the King, without such restraint • ; nor yet on St. Paul by the bloodiest Pagan Tyrant Nero in heathen Rome itself, when sent Prisoner thither, and publicly accused by all the Elders and High Priests, for a Pestilent fellow, and mover of sedivion throughout the world, &c. who writ most of his sacred Epistles to whole Churches, and particular persons in, and sent them by his own friends and sp •• ial Messengers from his prison in Rome, without his ke • p • rs supervisal, or demand of their Copies, trusting him alone to send them at his pleasure; No • yet by the cruel Pagan Emperor Domitian the Persecutor on St. John, when confined by him to the Isle of Patmos, from whence he writ, if not his 3 Canonical Epistles, and Gospel▪too, yet his Apocalypse and 7 Epistles to the 7 Churches of Asia, and sent them by his own Messengers, without any perusal or restraint by his Heathen Guardians, (a tyrannical project▪ which would have suppressed a great part of the sacred Scripture, if then in use, as now of late) nor yet imposed by the last Parliament on Strafford, Canterbury, or any others, when impeached, condemned for High Treason, nor on the vilest felo • s in our Common Gaols, nor the very Gally-slaves in Turkey, whoever usually freely write and send Letters thence to their friends, to ransom and enlarge them thence; Upon which considerations, he told him, He would rather die in prison▪ than submit to this his worse than Turkish Vassalage: Thereupon after so long a fruitless Patience, this Remonstrant was necessitated for his relief herein, without this Tyrants privity to use means to convey a Letter to Sir James Harrington (one of your society) formerly, twice perused, and stopped by this Captain, Guardian, upon the terms forementioned, to demand his Liberty, or removal hence from u • der the power of such an Oppressing Guardian, who not only sta • d his perused Letters, and detained him, from God's Ordinances against your Orders; but denied him leave so much as once to go with the Marshall into the Castle fields to gather herbs, which▪ others • new not, to make▪ Salves and Medicaments for lame Impoten • Soldiers of the Garr • son, and other poor People, out of mere Charity, and debarred sundry lame diseased People of this County (where is neither skillful Physician nor Surgeon near, that could or would help them) and amongst others, two poor Eisher-men kept near 5 years Gally-slaves in Turkey, lately returned thence with dangerous Vlcers in their Eys, the least access unto him even with a guard, to dress or direct them how to cure their Maladies, to their great grief, only because (as he afterwards pretended) they had not taken the Engagement, though never in actual Arms. A more then Turkish Bar • arisme, not only against the express Precepts, Presidents of the Gospel, the Rules of common Charity, Humanity, but the very Laws of God, of Natnre, of Nations, and War itself; Which oblige all men to feed, dress, cure, and suffer to be fed, dressed, cured the very pierced wounds of Strangers, of t • eir Professed Enemies taken in open battle in the field, and make them liable to severe Punishments if they neglect or refuse it (for which Sir. John Owen was of late criminally questioned for his life:) much more then was he obliged to permit poor English Christian▪ Neighbors, and late Turkey Captives, wounds, and Vlcers (never in Arms) to be dressed by a charitable Prisoner; seeing the very Pagan Roman Centurion, who carried St. Paul Prisoner to Rome, gave him both free Liberty and encouragement in his voyage thither, to to cure Publius Father, and all others diseased Peopl • in the Isle of Melita, who freely resorted to him, and afterwards in Rome itself, without restraining them or him from so charitable a work, and the very Samaritan commended in the Gospel by Christ himself, who went about doing good, healing all diseases of the ungrateful people in all places; and healed Malchus his Ear, who came out to take him, whiles a Prisoner under the High Pr • ests Officers and Soldiers, (for our Christian imitation • n like cases) did so far compassionate the man wounded and left half dead • y Thieves in the high way (though a mere Stranger to him of author Nation,) as to go to him, bind his wou • ds, pouring oil & wine into them, set him, on his own beast, bring him to his Inn, take care of him, and pay for his expenses and cure, whose example is thus backed with Christ's own Gospel-Precept to everyone of his followers and others, Go, and DO THOU LIKEWISE. Luke 10. 29. to 38. Which Presidents and Scriptures though urged to this Barbarian, could not prevail on his stony heart for his admission to him for their cure; nor yet for Engagers themselves without special Officers and Soldiers, beside the Marshall appointed to supervise his dressing of and directions to them; as if this his very Charity and Compassion to p •• r distressed People, he never knew nor saw before, might prove Treasonable and destructive to your free Estates. Sir James Harrington receiving this Letter, & information, and moving you on this Remonstrants behalf, acquainted his Friend who delivered it; you all declared, that he had free Liberty of the Castle granted him, and of Letters to and from him, without restraint, who writing him word of the delivery of his Letter to Sir James, and this his Answer thereunto, this Governor upon perusal of the Letter (first brought to him) instead of taking off these his former injurious Restraints, like an inhuman Procrustes, reinforsed them all with greater severity, and withal commanded the Marshall forth with under Pain of forfeiting his place, to lock your Remonstrant up close Prisoner in his Chamber, (which was never done before,) besides a Sentinel always placed at his Door, to keep all Officers, Soldiers of the Castle, as well as others, from him; and not to permit him to stir out of his Chamber with a Sentinel but in his company, or speak with any but in his presence; Which being accordingly executed with all rigor, the Remonstrant thereupon first by Letters, and afterwards by discourse before Officers, expostulated with him concerning this New Oppression, as not only against your former Warrants, which • ad not the words▪ close Imprisonment, much less in his Chamber, in them, as the Order for his close Imprisonment under the old • ouncel Table Lord's had) but as an high contempt of your authority, and new Declaration • ignifi • d by Sir James, desiring him, either presently to right him therein himself, or to give him leave to compl • in thereof to you by writing; Whereunto he replied, He would not take off these new nor the former restraints, but if he would complain thereof to you, and state the matter of fact truly • y writing, he would not only f • eely send, but assist it too: Which he doing accordingly, and directing it to Sir James to communicate to you, on his be • alf, sent the draught thereof to him by the Marsh • l, to peruse and rectify, if m • staken in anything; a • d then to send it away according to his prom • s; who after persual thereof, peremptorily refu • ed, either to send, correct, except against, or restore it; stopping his other Letters to Sir James (though twice alterd to his mind) complaining of this miscarriage, & entreating him, to certify under his hand, whether he used any such words or Declaration to his friend or no, as aforementioned; he having in a bravado, to palliate this his Tyranny, laid 5l. to 12 d. with the Prisoner (who delivered him 12d. in the presence of his Officers, which he was to make 5 l. in money, if such words were used) • hat Sir Ja. never spake such words to his F • i nd as were contained in his Letter, promising to give him leave to write to Sir James and his friend to that end; and yet staying his Letters to both, when written, and denying either to alter them, or write himself to that purpose, or restore the 12 d. received, or to draw up the differences himself, and present them to you; continuing him thus above 6 weeks Prisoner under lock and key, in his close littl • Chamber, to the great impairing of his health, (so as his appetite and digestion was quite lost for several weeks, insomuch that he could not eat or • igest the Leg or Wing of a Chicken, nor any meat else but a little broth) and leaving him (so remote from his friends) in this sad condition, destitute of all means of complaint or relief herein, till Captain Cozens Deputy Governor in his absence (using him more civilly like a Gentleman) since Shrubsols occasions drew him hence to London, enlarged him from this close restraint, to enjoy the freedom of the Castle, the purity of God's public Ordinances, and sending of Letters, when first approved by himself, such a Ward and School boy is he, yet to this very hour, under your Free-State, even after the Court of Wards quite voted down.
And whereas all Collonels and Gentlemen heretofore in actual Arms against the Parliament here, or elsewhere, secured (in their proper Counties only, not in foreign) in the late times of danger, were a full year since enlarged from their far more favorable restraints than his, by your general Order, and many Thieves, Felons, legally deserving death, both pardoned and set free, without any Petitions to you from them; and not only diverse Popish Recusants in A • mes, but some Popish Pr • ests and Jesuits, imprisoned before your Government, absolutely released under it, yea exempted from the very Oaths of Supremacy and Allegiance (specially provided, prescribed by the wisdom of many pious Parliaments, for the detection and prevention of their manifold treasonable practices against our Realms, Princes, Parliaments, Government, Laws, Liberties and Religion) from some if not all old penal Laws, formerly made, and those 5 new excellent Bills and Oaths of Abjuration▪ for their better, speedier discovery, a • d suppression, so earnestly pressed by our late zealous Parliaments, and consented too by the late King (so much taxed by you for indulgence towards them) in the last Treaty without scruple, yet since quite buried with • im in oblivion, and some of them (unwittingly, as is conceived) entertained as Troopers, Soldiers in pay in your very Guards, for want of such strict inquiries after them, and such means to prevent their coming over, and to detect them as formerly; and not one of them (for oug • t he can hear) close imprisoned (if imprisoned at all) in remote Castles, under such Guards, Sentinels, Restraints, as his forementioned; though in near one hundred printed Declarations of Parliament▪ remonstrated to the World, to be the Original Contrivers, the chief Incendiaries, Fomentors, Promoters of the first late Wars between Scotland and England, and the late King and Parliament, of purpose thereby to subvert the Protestant Religion both at home and ab • oad, destroy that last, and all future Parliaments, our Laws, Liberties, and former settled Government, and introduce Popery, Anarchy, Slavery and Military Tyr • • y in their pl • c • s: Whereupon they are grown so audacious, as not only secretly to infuse their Jesuitical Tenants, Pract • ces, Poli • icks of most dangerous consequence (expr • ssed in sundry former Acts of P • rliament purposely enacted to prevent them) into the Soldiery a • d Pe • ple▪ now much infected with them, but likewise by their instruments, to translate, print and vend publicly, throughout the Nation (without Inhibition or Punishment) their Jesuitical Books even in folio; professedly ass • rting, both th • Popes Sup • emacy, pra • ing to Saints and Angels, Purgatory, Mass, Transubstantiation, and all other points of grossest Popery for undoubted Truths necessary to Salvation, and also positively maintaining our true Protestant Religion to be gross Heresy, and our late famous Queen Elizabeth, with all true professors thereof, to be damnable Heretics: Witness the Jesuit Edmond Causin his Holy Court, printed in several folio Tomes in London itself (translated into English by Papists, Jesui • es, and dedicated to the two greatest Female Papists▪ Queen Mary, and the Duchess of Buckingham) sold publicly under your Noses, and elsewhere, with the very Jesuits badge S. I. (S • cietatis Iesis) in Capitals, in the Title Page; and this bold subscription, Printed at London by William Bently, Anno 1650. (since his close imprisonment by you) and are to be sold by John Williams in Paul's Churchyard; where all these Popish Tenants are largely maintained, to the great Scandal and Offence of all true Protestants, as you may read at leisure▪ Tom. 1. p. 30 to 38▪ 63, 64, 68, 74, 75▪ Tom. 2. p. 168. Tom. 3. p. 425 to 430. 461, 462. Tom. 5. p. 173, 174. 304 to 319 The Angel of Peace to all Christian Princes, p. 10, 11, and elsewhere; to omit all other Iesui • ical, Arminian, Popish Erroneous Books against our Religion, now publicly written, printed, vended (by thousands) under you with impunity, though so lately charged, pressed by the whole House of Commons against Canterbury as an Article of High Treason, for which amongst others he lost his head, by Judgment of Parliament, and your own concurrent Votes and Approbations. Yet he who out of pure love, zeal to his God, true Religion, Country, Parliaments, hath constantly stuck unto, and written most of any man in times of greatest need and danger, in defense of the just Power, Rights, Privileges of our true English Parliaments and Nation against all Opponents; against all late introduced Arminian, Popish, Jesuitical Errors, Doctrines, Ceremonies, Innovations, Books, and made the first, the fullest discoveries of and Oppositions in print of any man (with no little pains▪ cost, loss, danger) against their manifold dangerous Books, Practices, Plots, Conspiracies to undermine our Religion, Parliaments, Laws, Liberties, Government, and involve all Protestant Kingdoms, States, Churches, in bloody intestine wars, to their own mutual destruction, but these Jesuits insultation, exul • ation, and that by approbation, authority of Parliament, and most of your applauses; And hath particularly informed some of you by Letters, since his restraints, of admired indulgences towards Priests, • esuites; of one particular noted Jesuit (who for a fortnights space together disputed with a friend of his at St. Omers, with 5 other Jesuits more, about August 1649, since listed a Trooper) in your Guards, and of this late printed Jesuits folio Book, without any reformation or suppression of either, upon his complaints thereof; during this their licentious Liberty and Freedom (to their grand Rejoicing Advantage, and the great Grief, Offence, of most really affected to our Religion, or the public weal) without any cause, hearing, or release, must be shut up and continued close Prisoner by you, year after year, and sent from one remote Castle to another▪ remoter and worser than it, and there kept under strictest Guards, Sentinels Restraints, and most injurious Duresses, as aforesaid, without any hopes of release; notwithstanding his manifold Letters and Addresses to you jointly and severally (in such a way as becomes him, though not by unworthy complyances in submission to the self-created new Powers and Titles) complaining of these fore-remonstrated Proceedings, Searches, Imprisonments, Translations and Restraints in foreign Counties, Castles, under Soldiers, without any precedent Indictment, Trial and Crime yet specified, and undeniably manifesting them to you, to be co • trary to all Laws of God, Nature, Nations, the Common L • w and Great Charter of England, and other forecited known Statute • , Judgment • , Declarations, Resolutions, R • monstrances, of all our late Parliaments, the express Votes and Resolves of both Houses of Parliament, in his own late particular case and others; the indubitable Birthright, Franchises of eve y English Freeman; of very dangerous President, Conseq • ence to Posterity, and in sundry respects far more exorbitantly unrighteous than his former Grievances and Imprisonments under the worst of your discarded, condemned, decapitated Predecessors at Whitehall; as your own Judgments, Consciences, upon perus • l hereof, cannot but acknowledge, before all Tribunals of God and Man.
And although he hath hereupon earnestly pressed you jointly and severally from time to time, both by Letters and Friends, for his own and the worlds satisfaction, to specify the true cause of these your rigorous, anomolous Proceedings, and wrongful long Restraints (inconsistent with your manifold printed Protests, for advancing every m • ns public Liberty, and abandoning all Approaches towards abolished pristine Tyranny) And if it be only for difference in Judgment and Conscience from you, concerning our late public Charges and Affairs (the dangerous bloody Consequences whereof since experimentally verified, he truly predicted in his printed Speech in Parliament, and other writings, not then credited by you) as he and others conjecture; that then he, and those of his opinion, being the far greatest part of the late undoubted Parliament and English Nation, and having by all Laws of God and Men, as just, as true, as real, full, large (if not larger) an interest in the Republic, as those in greatest present power, and all others of a different Perswasion, being all equally English Freemen and Peers herein, with you and them may not be prejudged, convinced, without a free Legal public hearing, by mere Tyrannical violent Iron Arguments and Prisons alone, as hitherto we have been, but that you would like rational men pious Christians, A • sertors of Liberty of Conscience and Common Freedom, admit him, for his own and their conviction and satisfaction (it mistaken or erroneous in our Judgments or Consciences) to debate these our D • fferences of highest public Concernment, in a free public manner, by word or writing, in point of Divinity, Law, Reason, and true Sta • e-Policy, with all or any of the ablest Divines, Lawyers, Scholars, Statesmen of a different Judgment from him, or else quietly to enjoy and follow the D ctates of his own resolved Conscience and Judgment therein, without molestation, in this age, when not only Liberty but Licentiousness of Conscience, in the chiefest Principles of Religion, and most other thin gs, are so much practiced and patronised: Or, if it be any real transcendent Crime against any known Law of the Land, deserving such severities before hearing or trial, or a Capital punishment after them (whereof he believeth himself really innocent in the impartial verdict of your own Consciences) that then you would of Common Right and Justice, according to Magna Charta, and other forecited Laws, without further delay or denial, bring him to a lawful fair public Trial, by his Lawful Peers and Legal Judges, in some usual Court of Iustic • , before all the world, where he might openly make his full defense against your Charge; and thereupon be either justly condemn ed, if guilty; or immediately enlarged, repaired for all his forementioned injurious Sufferings, Imprisonments, and his Dammages thereby sustained, if found Guiltlesse; or else absolutely released (as well as imprisoned by you) without trial, and repaired by his yet unknown clandestine malicious Accusers, if you have no such real actual Crime to charge against him; Or, if neither of these might be granted under your Free-State, never yet denied any English Freeman under the greatest former Regal Tyranny; that then you would either permit him Free Liberty to transport himself into some strange foreign Climate, if unworthy to breath freely in his own Native Country, after all his unrecompensed faithful eminent Services, Losses, Sufferings for it, where he hopes to find better usage, and more Freedom, Justice, amidst mere Strangers and Foraigners, than he had yet enjoyed under professed Popish Prelatical Enemies heretofore, or pretended late Christian real Friends in power since; Or otherwise, if you are resolved to wear out the short Remainder of his expiring Life in remote obscure Prisons with • ut trial or hearing, of purpose to hinder him from doing the Church of God or his Native Country any further service in this world, when others are acting so much mischief and treason against them both; that then, according to Justice and ancient Practice under our Kings, you would afford him a Competent Allowance of Diet, in some more convenient usual Prison than this, where he might have all fitting Accommodations in health and sickness: Or otherwise forthwith pay him the 800l. public Debt long due unto him as a Contractor (for which he never yet received one farthing, though he thereby lost and expended many pounds, besides his pains) or order him some of his voted Dammages to be paid him by his former unrighteous Censurers sitting amongst you, to help defray his Debts, and extraordinary Prison expenses, having exhausted his private estate for the public, and to defray his extraordinary Prison expenses, and lost the Practice of his very Calling, to support him, by your strict Duresses; And albeit his only Sister (out of her natural affection to him, without his privity) hath thrice humbly Petitioned you (as he hath heard) and others of his Friends oft earnestly solicited and petitioned you on his behalf to the like effect; yet hitherto (such is his unhappiness, or rather your hard-heartedness, as some esteem it) that he and they could never hitherto receive the least satisfactory Answer, to all or any of these his just Demands, being still continued a close Prisoner by you, in sundry respects, in this remote incommodious Castle; yea that which adds exceedingly to the Transcendency of your In ustice, Oppression, and Tyranny towards him, is this; That instead of enlarging, relieving, or answering his Sisters late Petitions to you in his behalf, you have very lately (as he is credibly informed) voted him out of his poor Recordership of the City of Bath, to which he was about 5 years since (without his privity or solicitation, freely elected by the unanimous Vote of the whole City) and by two several Letters under all the Aldermens and Mayors hands importuned to accept it, er • he would embrace it; And that on no other ground or cause, but only because you have so long imprisoned him against all Law, without any cause yet expressed, before the least hearing or complaint, against the express Letter of Magna Cha ta and other fundamental Laws; and that upon the motive of one of your Whitehall Members (his pretended great Friend and Servant) then in the Chair; who by his Letter in your Names writ to the City to elect a new Recorder in his place, being disabled to execute it by your imprisonment of him; and withal particularly recommending his own Son in-Law James Ash (a Westminster Memb • r) to the Office; which being seconded by his own Fathers solicitation (another sitting Member, his near Neighbor) thereupon he was without any justice, hearing, or other cause or trial, contrary to the Great Charter, Petition of Right, and all Rules of Justice, outed of his Recordship, his 4 years salary of x ls. per annum then in arrear detained from him (and never since paid him by the City) and this other Member intruded into his Place; su • h is your new Free-State Whitehall transcendent Justice (worthy to be registered for your Honor to all Posterity) towards this Remonstrant (instead of recompensing his former voted Dammages, Losses, Services for the public) to his extraordinary Prejudice and Oppression, the exceeding grief of his kindred, friends, and most religious truly public spirited men; to the great rejoicing of his Jesuitical and Prelatical Malignant Enemies, and no great honor to your Justice or Government; And that only (as most conjecture) in imitation of the Prelates heretofore, of purpose to disable and • inder him from writing or publishing any thing more in Defense or vindication of our endangered, invaded Religion, Government, Laws, Liberties, Franchises, Properties, Freeholds, Lives, against the manifold new encrochments on them, and subversions of them under pretext of their support: or making any fr • sh discoveries of the Jesuits, Papists and their confederates, various plots and practices (now very rife and visible) to undermine them; and engage our own and all other Protestant Kingdoms, States, Churches in destru ctiveunreconcilable Wars and differences, agreeth either to their mutual and the Protestants Religions ruin; or to countermine these their designs, (as he hath done formerly to his power) Or else (as others conceive) to force him by tedious uncomfortable imprisonments, and extreme penury to turn a practical Apostate and perjured abjurer of all his former Orthodox loyal Principles, Writings, Books, Oaths, Covenants, Protestations concerning King, Kingdom, Laws, Liberties, Properties, Taxes, Parliaments, Government, Lord's hereditary just right to sit, vote, judge in our Parliaments as Peers, and thereby to verify all the Prelates malicious Aspersions upon all Puritans in general, and himself in particular, in their two late Starchamber Bills and Speeches there exhibited against him, and render him really guilty of beheaded Canterburies Treasons in an higher degree then he, (after his enjoined printing and publication of his Charge, Trial and Condemnation for them, by the Commons House special Order) to his eternal infamy here, and damnation hereafter; neither of which, through the assistance of heaven, no Prisons, Tortures, Powers on earth, shall ever compel or persuade him to do; or in case of his resolved Non-compliance herein, under seigned Machivilian pretexts of his willful obstinacy, and contempt of your new-created authority (whose legality it must be no less then High Treason, for him to dispute in law or conscience, being now as absolutely to be submitted to by all men as the Popes itself in Rome, by an implicit faith, and blind obedience) even to break his heart with grief, if possible, by depriving him of the comfort of his Friends, Kindred, Books, Calling, all free converse with men by Letters or conference, all public Trusts, and private useful employments, to pass▪ away his solitary hours, laying him quite aside, like a▪ broken useless vessel, restraining him under strictest Guards, as the most dangerous enemy, instrument to his Countries weal, after all his real losses, studies, sufferings, for its benefit; whose truest welfare he hath ever cordially studied to his private prejudice, (whiles others under pretext thereof, have wholly sought their own particular emoluments, to its irreparable damage, if Vox Populi be truth) and by such ungrateful usage, ill requitals of all his former merits, by his very late pretended friends, to hasten his passage from these strong earthly purgatives to a better world. Or else if this plot prevail not, through God's supporting power, as hither it hath not; to starve or kill him outright in foreign incommodious prisons, for want of legal matter or proof, to take away his head, after your Whitehall Predecessors double cropping off his ears, as some of his friends conceive: You having of late refused (as he is informed) to receive anymore Petitions in his behalf, from his own Sister or any others, or to release or remove him from his ill winter prison; or to pay his public debt, allow him diet, or do him any common right, or justice; (which though due Ex officio mero from all Kings, Powers, Governments, Magistrates whatsoever; by the Laws of God, Nature, Nations, and Oaths to their meanest subjects; and particularly by our own Kings, Judges, Justices, and great Officers▪ usual Oaths; the great Charters and other Statutes resolutions, to every English freeman) upon their respective demands of, or motions for it, (yea upon bare information from others without any suit or motion by, for, or from the oppressed, injured parties, (in such cases as his is) without any formal Petition to them for it, as the Forms of most legal Writs (sued forth of course) and most Plaints and Declarations manifest; every real demand of right by word or writing being in truth, a real Petition for it (and every Petition of Right but a more bashful demand thereof) as all Dictionaries in the words, Peto, Petitio; the usual Law phrases Petere Debitum, Petere Judicium, &c. the ordinary motions of the Council or Parties in all our Courts of Justice, for Law or Right, without written or verbal Petitions for them; and the Scripture itself resolve) yet such is your unparalleled injustice toward him that unless he will present a submissive Petition to you, after the new mode (wherewith he is unacquainted) subscribed with his own hand, you will neither release nor right him in any kind. Which, as it seems very strange unto him, he desiring not mere grace or mercy from you, but only common known right and Justice against undeniable oppressions by yourselves and instruments; so all his former Letters and his friends addresses to you, being real, legal, though not formal Petitions for right and justice (yet denied him) and formal Petitions even for right itself by the resolution of our Law-books, the Records of our ancient Parliaments, and late Petition of Right; Petitions of this nature being originally due to our English Kings alone, as their inseparable regal prerogative; not to any Subjects whatsoever, nor yet to the very House of Lord's, Commons, or any other Courts of Justice, Council, Judges, Justices, Great Officers or Grandees whatsoever, being no King but Subjects; which anciently were but the inferior people's hands, or Masters of Requests to receive and present their formal Petitions to our Kings both in and out of Parliament; and had no other Bills of Parliaments, but mere Petitions of Right or Grace to the King, whose Royal answer to them (by way of concession) made them Acts, Laws, and his disassent mere Nullities, as our old Parliament Records, and the late Petition of Right 3. Caroli, resolve. Which transcendent Prerogative of our Kings alone, by Law (of mere Right, incommunicable to any other Subjects) he hopes you will not now arrogate to yourselves, by enforcing him through duresse to a formal submissive Petition to you as his Sovereigns, before you will enlarge, or do him common right or justice, having both abolished, and publicly engaged yourselves, and also others to your power against Kings and Kingship, as Tyrannicall, and overmajesticall; and with them (as he conceives) both exploded and engaged against this their sublime Prerogative of suing only by Petition even for common right; and that you will not still detain him close Prisoner upon this account alone, for not suing to you by Petition, for what is due to him, ex officio mero, as his birthright without any suit at all, by all Laws of God and the Land, before any new Law or Statute made justly intitling you to this old regal preeminence. The rather, because the Heathen Magistrates of Philippi, when upon the people's bare accusation of Paul and Silas, as Disturbers of their City, and teachers of customs contrary to their Government, had taken and cast them into Prison, and commanded the Jailor to keep them safely, without any legal Indictment or trial, but for one single night, were so just and reasonable, as the very next morning (without their Petitioning for liberty) to send their Sergeants voluntarily to the prison to release and tell them, that they might depart their City in peace: And when as Paul (like a true magnanimous Christian, careful to preserve his own liberty, yea and all the Romans too invaded by this injurious proceeding) thereupon replied thus to their Sergeants; They have beaten us openly, being Romans and UNCONDEMNED, and CAST US INTO PRISON; and now do they thrust us out privately? (without reparation of this our indignity and shameful usage) Nay verily, but let them come themselves and fetch us out (with honor and confession of their injustice, as they have cast us in with shame) Whereupon the Sergeants relating his words to these Magistrates they feared, when they heard they were Romans; and instead of expecting a Petition from them, by reason of their high Magistratical authority, they came presently to the Prison, AND BESOUGHT (or petitioned THEM (to pardon and pass by this great injustice) AND BROUGHT THEM OUT OF PRISON, AND DESIRED (not imperiously commanded) them to depart out of the City. And hereupon they went out of the Prison, and entered into the house of Lydia, visited and comforted the Brethren there, and then departed, Act. 16. 12, to the end. And should not you then who profess yourselves Saints of the highest form, after your injurious searches, apprehensions and other indignities offered to an English Freeman, Parliament-man, an eminent Servant too, and Martyr for the public, a Christian, a Patron of Religion, a Bencher of an Inn of Court (as honorable in each respect as any ancient Roman, and as much privileged by our Laws) and that not for one night only, but two whole years and three months close imprisonment of him, even under stricter Guards then they, in three several Garrisons, now incite and engage you voluntarily to send your Officers hither, then enforce him to send to you, to set him free; and because you have so much oppressed him, being better then a mere Roman, and so long cast him into Prison unheard and uncondemned, that you should not now privily release, nor extort an unworthy Petition from him before you set him free; but out of a conscientious consideration of your apparent injuries and injustice to him, and a true Christian fear of a strict account for it both to God and Man, if unrepented or unrepaired by you, imitate these Heathen Philippian Magistrates (whose president is recorded in the very Gospel for this end) and now at last come yourselves in person, and instead of expecting his petition to you (who have done him so much injury, and more invaded the whole— English Nations, Privileges, Liberties in his unrighteous sufferings under you, then the Philippians did the Romans or St. Paul under them) beseech and petition him to pardon and not to persecute these your illegal extravagances, upon your unfeigned sorrow for, and public acknowledgement and reparation of them, and then to bring him out of his present Prison, with as much public joy and honor into London, as he was formerly brought in thither by some of yourselves, and thousands more from his long close imprisonment by your Lordly Whitehall Predecessors, to all honest men's rejoicing, and the whole discontented Nations satisfaction, as well now as then, and Reparation of all violations of their common Rights and Liberties by the dangerous president of his late restraints, your yet unrevoked, uncancelled illegal warrants, deserving as heavy a Parliamentary censure of condemnation, as any of your Predecessors illegal Warrants and Sentences against him, unanimously condemned, and forever vacated, as repugnant to the forecited Laws, Statutes, and destructive to the Subjects common Liberty by the Votes of all the Commons House, and concurrent judgment of the House of Lord's.
Upon serious consideration whereof, as he cannot in prudence or conscience, submit to any such extorted Petition to you, as you by plain duresse (against Law and Justice) would enforce from him, to the betraying of his own and the whole Nations Franchises and Birthrights, by so ill a president, so being injuriously deprived of all other legal means of Relief, by Habeas Corpus, or other writ or action of Law, of which common inherent Birthright of all English freemen, he and all conscientious non-engagers, (after all their late Losses, Sufferings, Writings, Fightings, expenses of their ▪Estates, Treasures, Blood, Fasts, Prayers, and still continued incessant heavy contributions for the pretended just preservation and defense thereof, by a new invented MONSTROUS PREMUNIRE (transcending, in his judgment▪ all unrighteous Acts, Edicts, Encroachments of regal Tyranny and injustice upon the people's Rights and Franchises by behead • d King Charles, or any other of our English Kings) are most wrongfully disinherited, and of the benefit, protection of all our Laws in all Courts of justice, at one blow by you and others in power; against the express Letter of Magna Charta; the Petition of Right (assented to and ratified even by decapitated King Charles himself) the usual Oaths of all our Kings, Judges, Justices, Chancellers and great Officers heretofore, the late solemn Protestation, Vow, Covenant; all printed Declarations and Ordinances (concerning the Army or Monies) the last Parliament, your own Remonstrance for altering our Kingly Government into a Free State, March 17. 1648. and sundry other your publications since; and that without any hearing, Trial, Crime, Conviction or just forfeiture thereof upon Record; as if he and they were now mere alien enemies in their Native Country; new villains in gross, or regardant only to you their fellow subjects in present power, even in your new-erected Free State, though never such to or under their cashiered Kings. Whereupon he is now necessitated, for regaining, preserving his own, and all other Freeborn Englishmens just rights and Liberties (transcendently violated by these his illegalrestraints, who hath written, suffered most of any man for their maintenance, which otherwise might and would be made a leading president to oppress all or any others in the self same kind) by way of final address, to present unto you, this Large Remonstrance of his several successive Grievances, illegal restraints, close imprisonments, pressures under you and your Officers; (the only legal, real petition you can in justice expect from him) whereby he doth (after his full two years and three months forementiond illegal close imprisonments and Pressures under you, before any legal Indictment, Trial or Crime objected against him) once more jointly and severally demand from you and every of you of mere common right and Justice, without any further denial or delay, his absolute freedom and enlargement from all his present restraints, with full undelayed reparations for all his damages, losses, expenses sustained thereby, and by all other his remonstrated injuries from the authors and instruments of them, according to all the forecited Laws, Statutes, Oaths, Protestations, Vowes, Covenants, Declarations, Remonstrances, and your bounden duty by God's own sacred Edicts: And that he having already wasted above ten whole years of his short expired life in ten several prisons, only for his free unmercenary defense of public Liberty, Laws and Religion, out of pure conscience, zeal, duty, he may be no longer enforced without guilt or Trial (upon any carnal State policies, or old exploded Whitehall pretences of necessity, danger or public safety (the damned Pleas for his former illegal close imprisonments, sufferings, exile, and his present likewise) to consume the short remainder of his declining days, (like a lighted candle under a bushel, or a dead man out of mind, in obscure Prisons, at farthest distance from his friends, where he can neither enjoy their sweet society, nor serve his God, his Country or private family with that freedom and improvement of his Talents for their best advantage, as he doth desire; nor any longer detained prisoner under the custody of such Martial Guardians, who are for the most part professed enemies both to our Laws, Lawyers, Ministers, Ministry, God's public Ordinances, Sacraments, Churches, Chapels, Glebes, Tithes, and whatever else the piety or bounty of former times hath devoted to the maintenance of God's worship, Religion or Learning; and therein to our Religion and Learning itself, under a pretence of transcendent sanctity, and a new monstrous kind of zeal, to reform Religion, propogate the Gospel, and support true Preachers of it, by the readiest unrighteous, sacrilegious, irreligious ways that the Jesuits or worst enemies of the Gospel could invent, eternally to extirpate it and all true Ministers of it, now as violently and publicly, impiously pursued by them and some other Army Officers; contrary to the pious practices and sacred presidents, of all godly martial Kings, Generals, Colonels, Captains of thousands, hundreds, and Armies, recorded by God himself in the old and new Testament; who were so enamored, ravished and eaten up with the love, zeal, beduty of God's House, Temple, Tabernacle, Sanctuary, public ordinances, Worship, Priests, Ministers, so careful to frequent, maintain, advance, encourage them, that they cheerfully and bountifully contributed, not only the Tithes, Firstfruites, and oblations of all their estates; but the very tenths of all their spoils, with all the Pretious stones, Jewels, Ear rings, Rings, Chaines, Bracelets, Tablets, vessels of gold and silver, Treasures, Brasse and Iron taken in the Wa • s, to the building, adorning, repairing of magnificent Tabernables, Temples, Houses, Synagogues, Churches devoted to God's public service, and maintaining of God's public worship, Ministers, Priests, Levites and other Officers attending thereupon in these public Edifices, to which they joyfully, constantly and zealously resorted, without separation from them: as Gen. 14. 20. Exod. 35. 20,—30. Ch. 38. 1,—10. Numb. 31. 28▪—54. 2 Sam. 8. 10, 11, 12. 1 Chron. 21. throughout. Ch. 26. 26, 27, 28. (a memorable text) Ch. 29. 1,—10. 2 Chron. 15. 11. Luk. 7. 1, 5, 6. Heb. 7. 4, 6. Psal. 5. 7. & 21. 6. & 26. 8. & 27. 4. & 36. 8. & 42. 4. & 52. 8. & 55. 14. & 65. 4. & 66. 13. & 69. 9. & 84. throughout. & 42. 1, 2. & 116. 13. & 102. 1, 9. & 134. 1. & 135. 1. Isa. 2. 2, 3. Mich. 4. 1, 2. Joh. 2. 16, 17, 18, 20. Luk. 2. 27, 37. Ch. 20. 1. Ch. 24. 53. Act. 2. 46. Ch. 3. 1, 8. Ch. 5. 20, 21. Rev. 7. 15. resolve. To the shame of those his irreligious Guardians of a different judgment and practice, who debarred him from all resort to God's public Ordinances and Ministers in the Parish Churches of the Garrisons wherein he hath been restrained, dedicated to God's worship; and still detain him close Prisoner (as aforesaid) by color of this your void illegal Warrants bare Transcript, without date, thus subscribed by them as a true Copy.
SIR,
WE have been informed, that Taunton is an unfit place for the imprisonment of Mr. Prynne, where he now is; we therefore desire you to give order for the removal of the said Mr. Prynne to Pendennis Castle; and that HE BE THERE KEPT UPON THE SAME WARRANT UPON WHICH HE HATH BEEN PRISONER AT DUNSTER CASTLE AND NOW AT TAUNTON, till further Order. And that whiles he is there in restraint, he may have liberty to go to the public Odinances of God's worship, if he shall desire the same.
Signed in the Name and by Order of the Council of State, by authority of Parliament. John Bradshaw, President.
This is a true Copy,
John Disbrowe.
This is a true Copy of the aforesaid Copy,
Charles Shrubsoll.
This Copy only, or your Original Warrant, (as the science and conscience of every Lawyer amongst you, and his who signed it, must inform you) is meerl • void, illegal, and no justification for these his foremen • ioned Restraints or Imprisonment in Pendennis Castle, before any tribunal of God or Man, for these following Reasons.
1. Because contrary to all former Council Table Warrants of this nature. All old Council Table Orders, Warrants, for his and others imprisonments were fig • ed and subscribed, not only by the President alone, but by all the Lord's and Council consenting to them then present, as by Law they ought, that so they might know all those that Imprisoned them, and whether enough to make a Council, and whether to bring their actions against all or any of them if wrongfully imprisoned; as you may read in A new Discovery of the Prelates Tyranny, pag. 9, 10, 15, 16, 18, 69, 85, 86, 90, to 97.
2. Because this single signing of Warrants by one of you alone against • ll Law and former Presidents, disenabling the Prisoner to know who they were who committed and translated him from prison to prison, except the first and sole subscriber John Bradshaw, (the rest it seems being ashamed to subscribe or own it, or the former Warrants for his restraints, being so unjust and defective in Law) And the subscriber alone being no Council, and having no power solely to act anything, but only, jointly with such a number of Associates, who cannot translate their power or trust to him, but must execute it themselves; This Warrant (and the former so signed) must needs be void in Law and unwarrantable, or else all John Bradshawes companions, though absent or dissenting to its guilt, though issued in their Name and by their Order, without their parties or consents.
3. Because it contains no crime, nor just cause at all, for which he was formerly kept Prisoner at Dunster Castle or Taunton, or since Imprisoned in Pendennis; as it ought to do by the express provision of the Petition of Right, and all ancient Statutes therein recited; the Votes and Resolutions of Parliament in the large debates of that Petition, with all other Parliaments since; the Resolves of both Houses, and most of yourselves in his own and Mr. Burtons late cases; the judgments of all our Judges, Law-books, and Sir Edward Cokes Institutes on Magna Charta, Ch. 29. Printed by the Commons House special Order; and the Statute of 42 E. 3. c. 12. declaring all such general Warrants against these Statutes and Magna Charta, to be void and nul in Law to all intents.
4. Because it is grounded upon no precedent legal Examination, Conviction of, or Processe, or Indictment against him, as by these Statutes, Laws, Law-books, Resolves it ought to be.
5. Because it enjoins (or rather desires) him, to be kept Prisoner in Pendennis C • stle▪ not upon it, or any lawful Warrant specially directed unto the Governor thereof; but upon the same Warrant upon which he hath been Prisoner at Dunster Castle, an • then was at Taunton, when this was issued. Which Warrant for his first imprisonment at Dunster, being likewise general and void in Law, because it containeth no particular offense at all for which he was there imprisoned; and if good in Law, yet directed personally to Major Robinson alone, then Governor of Dunster Castle, and none other; not to Colonel Disbrow, or Captain Shrubsoll, or any Governor of Taunton or Pendennis Castle; and restraining him and his imprisonment only to Dunster Castle, not to Taunton or Pendennis Castle, above 120 miles distant from the former, and situated in another Country. And your first Warrant being in Law quite nulled, expired, by your demolishing Dunster Castle, and removing the Governor (Major Robinson) and the whole Garison (who there kept, and to whom only you committed him) totally and finally thence; and he being no Prisoner at all at Taunton, upon that or any other Warrant from you; it is both impossible, absurd, unwarrantable, illegal, and beyond all extravagant Presidents of former times, to keep him up close Prisoner so long in Pendennis Castle upon the same void, nulled, expired, illegal warrant only directed to others, upon which he hath been Prisoner at Dunster Castle, to which it only confined him, but never really to Taunton; and it must needs be a great Solecisme in Law and Clerk-ship at least, if not in State policy, and Statesmen, to • issue out such a Warrant, and imprison any intelligent Lawyer or English freeman in three remote Castles, under several Governors, by color of one mere void illegal Warrant, to imprison him only in and under one of them, a thing never heard of in the world before.
6. Because it ordered him to be removed against his will, perforce, out of his one Native County, and sent to, and kept Prisoner in a remote Castle, in a foreign County, in the extremist Western part of the Island, not properly belonging to the restraining jurisdiction of any Legal Court, Council or Power by any known Law; where he can neither-be legally tried, nor proceeded against for any real or pretended crime only acted in other Countries, nor this, for which he is thus restrained; contrary to express Statutes of 5. E. 3. c▪ 8. 28. H. 8. c. 2. 5. H. 4. c. 10. 1. E. 1. c. 5. 4. H. 4. c. 13. 23. H 8. c. 9. 1. 2. Phil. Mar. c. 12. 21. E. 4. f. 71. Brook Imprisonment, 80. Protestation, 18. the late Votes and Resolutions of Parliament, as well of the Commons as Lord's, in his own and fellow-sufferers cases, sent first close Prisoners by the Star-chambers sentence, and after by the old Council Tables orders, to such foreign Castles, Prisons, against these acts and the subjects Liberty; for which ill president (now pursued and exceeded by you) both Houses and most of yourselves voted the Starchamber Lord's, and your Whitehall Pred • cessors to be Delinquents, and to render — Damages to them, though done by and after a Bill and Sentence, when as ye now do it before any Sentence or Impeachment at all, much less any hearing or sentence against him.
7. Because this Warrant is directed only to Colonel Disbrow, not commanding▪ but only desiring him to give order for his removal from Taunton to Pendenn is Castle, and that he be there kept upon the same Warrant upon which he hath been Prisoner at Dunster and then at Taunton. Which Colonel being no known sworn Officer of Law or Justice in the Counties of Somerset or Cornwall; but only a Military Commander, and he being no Prisoner of War, or Soldier, subject by any Law of England to his Military power; nor yet his Prisoner there, or since that time; and this Letter of yours (rather then Warrant) making his inherent power and Order alone, the only authority both for his remove and restraint at Pendennis, without any special or legal derivation of any such power from yourselves, (who in truth have no more lawful power for it then he, who had none at all;) Therefore it can in no Court of Law or Justice, be any legal Warrant for a Colonel or any other, to remove him hither, or detain him Prisoner here, upon it, or the former Warrant.
8. Because the sole ground for his remove from Taunton, within his native County, to this foreign County and Prison, is only a bare information to you, without hearing of him to disprove it; That Taunton is an unfit place for his Imprisonment, which as it is no crime, nor ground at all in itself for his imprisonment elsewhere; so it is a strong Argument of the injustice of his imprisonment at Taunton, and of your warrant, and of his translation to and imprisonment in Pendennis Castle in the remotest County; it affording no such fitting accommodations in any kind for his soul or body in sickness or health (whe reof it is wholly destitute) as Taunton doth; and being a mere private Castle only in a foreign Shire, not a Market Town, where the Assizes and Sessions are usually held (as Taunton is;) wherein alone all Prisons and Prisoners in all Counties ought to kept, under known sworn Gaolers and Officers, (not in private Castles under Soldiers) by the express Statutes of 5. E. 3. c. 8. 5. H. 7. c. 10. 23. H. 8. c. 2. and that for their better relief, accommodation, security and more frequent visits by their friends. Therefore this must be a far juster ground for you to release or to translate him from Pendennis now, then to send him thither at the first, or detaining him still close Prisoner there.
9. Because neither this nor the former Warrant is directed to the Governor or any other Officer of Pendennis Castle, to detain him Prisoner there; as by Law it ought to be; for the first warrant is directed by you only to Major Robinson, the second only to Colonel Disbrow; who are neither Military nor Civil Governors nor Officers in Pendennis, and keep your original Warrants for their own indemnity, sending only a bare copy of them, (without time or date) to the Governor of Pe • dennis (to whom neither of them are directed by you) to detain him Prisoner by, which can be no Plea nor Warrant in Law in any Court to justify his imprisonment in this place by Captain Shrubsoll, who yet without any other Warrant but this Copy alone of yours to Disbrow, hath injuriously— restrained, oppressed and close imprisoned, and kept him from God's public Ordinances, as aforesaid, beyond and against all Warrants, by color only of this his datelesse Copy forecited.
10. Because this Warrant doth not so much as mention his known Christian name WILLIAM, as by Law it ought; but his Surname only; nor so much as expressly command him, to be kept Prisoner, but barely kept at Pendennis Castle (which he may be, and yet not as a Prisoner, or close Prisoner) upon the same (void, illegal, expired) Warrant, upon which he hath been Prisoner at Dunster: Besides it neither commands or requires, but only desires Colonel Disbrow, that he may be removed and kept here; not for any certain time, or till delivered by Law, or brought to his legal Trial for that (nothing in this warrant) for which he stands here committed; but merely, till further Order from you; (which may be till death or doomesday, if you please, and yet seem to resolve:) for all which causes (as well as the former) it is both void and illegal, as Sir Edward Coke resolves in his Institutes on Magna Charta, c. 29. ratified by the Commons own Order for its impression.
11. Because it gives no express command nor precept, either for his translation hither or restraint here▪ nor concludes as all legal Warrants do; And for your so doing this shall be your Warrant, and hereof fail not, at your peril; but barely desires his removal by Disbrow and keeping here, rather as a cuortesie then commanded duty; concluding only▪ And WE DESIRE YOU to certify (any other as well as you, for us is not expressed if intended) what you shall do herein, in his removal thither; not in his keeping there, where he is no Officer nor Governor. Therefore illegal and no Warrant at all.
12. Because if this Copy be true (as they both attest under their hands) then this Warrant hath neither time when, nor place where it was dated▪ nor person to whom it was directed. Therefore illegal, null, invalid.
Now how much it will redound to the Honor of your wisdom, justice, reputation of your Clerks and those Lawyers associated with you, to advise you in points of▪ Law, to issue forth such a def • ctive, null, void, illegal, absurd, imp • ssible, nugatory Warrant, as this in all the 12. forecited regards, and so long to restrain, imprison, close imprison him in this remote Castle upon a bare Copy thereof, and still to detain him Prisoner thereupon, notwithstanding all former addresses to you by himself or friends for his enlargement hence; and what all rational men in present, in future ages will judge of your strange exorbitant proceedings of such nature, or how you will clear, justify or excuse them before any future Parliament or new (pretended, but as most now think never really intended) Representative of the Nation (so often promised, but still as long deferred as his liberty) or any other impartial Court of Justice on earth, if ever there legally examined upon complaint; or before Christ's own inpartiall, unavoidable Tribun • ll at last, where you must shortly render a strict account thereof to this Righteous Judge of all the earth (without any armed Guardians to secure you against his Justice) in the presence of all his holy Angels, and the whole world of Mankind; Where himself hath resolved beforehand in his very Gospel, that he will pass this irrevocable sentence against all such who only refuse or neglect to resort unto, visit, feed, cloth and relieve his imprisoned believing members for this their bare omission: Go ye cursed into everlasting fire, prepared for the Devil and his Angels: FOR I WAS SICK AND IN PRISON AND YE VISITED ME NOT, &c. And will therefore certainly pronounce a severer doom against all such unrighteous Grandees who actually without cause, crime, trial, maliciously cast his formerly suffering members into Prisons and detain them close Prisoners, under terrifying armed Guards and Sentinels in remote obscure Castles, far from all friends or acquaintance, of purpose to disable, deter all others from visiting, feeding, clothing, and relieving, comforting them in their necessities, or sickness therein, and yet year after year most inhumanly refuse upon their Oaths, frequent sad complaints and impo • tunities, to release, visit, relieve, or right them. And what you will then be able to allege for yourselves to prevent any human censures here, or such a fatal sentence from Christ's own mouth hereafter for the premises, he most seriously refers to your own awaked consciences, and most serious contemplations, if now after this his Remonstrance and full information of your Warrants Illegality and Nullity, by which he hath been restrained, you shall willfully neglect or peremptorily refuse immediately to release and fully to repair him; who by color thereof hath been kept a clos • r Prisoner under you, before any charge or hearing, then formerly under your tyrannical condemned Predecessors at Whitehall, after two bills, hearings and their severest censures; and denied so much Prison freedom, as very Popish Priests and Jesuits formerly obtained, did and still enjoy (if you have any such now Prisoners) under your Regency even in their very strictest prisons when convicted, condemned even of the greatest highes • treasons both against King and Kingdom.
And seeing you have freshly exhorted, enjoined all sorts of person in the Nation to make public and private confessions to God of all their personal and national sins, which have provoked his wrath, kindled new wars with our very formerly confederated Brethren, and threaten many heavy judgments to the Nation if not cordially lamented, speedily and really reformed; and for this end have appointed a general solemn Fast and day of Humiliation on the 13. of October next, to divert God's incumbent imminent judgments, and procure peace.
And for as much as God himself, the God of Judgments, Vengeance, War, Mercy, Peace, hath frequently declared in his sacred Oracles, that Oppression, Inj • stice, Violen • e, Spoyle, Cruelty; depriving any of their just Liberties, Rights, Inheritances, Estates, by mere arbitrary Power, and the oppressing Sword, without just cause, Right, Title or Legal trial imposing heavy y • aches of bondage on the necks, and intolerable burdens on the backs, Estates of men by illegal Taxes or Exactions, (next to Apostasy, and most gross Idolatry) are the greatest Wrath-procuring, State▪subverting, Realm-destroying, War-ingendring, Land-desolating, Soul condemning sins of all others, which have utterly destroyed, subverted, extirpated and brought to naught, not only many potent Kings, Princes, Potentates, Nobles, Grandees of all sorts with their posterities, but even whole Kingdoms, States, Republics, beyond all human probability, as the Histories of all former ages, and recent Presidents of your immediate Whitehall Predecessors, experimentally confirm▪ whose injurious oppressive proceedings, Sentences against him, causeless long imprisonments of • this Remonstrant, were one principal occasion of their downfall, and of that very Star-chamber Court wherein they censured him. And because God hath likewise positively resolved Isa. 58. 6, 7, 8. That this is the chiefest, the only fast which he hath chosen, and appointed, to pacify his wrath, avert his judgments, cease all Wars, restore, establish Wealth, Peace, Setlement and prosperity (the proper effects, fruits of Righteousness and true Justice) to an afflicted Realm or Nation, to loose the bonds of wickedness (and such are all injurious, illegal Warrants, close Imprisonments, Restraints, and his fore-remonstrated in the highest degreen;) to undo the heavy burdens (and are not his, and the other long continued unwarrantable public Taxes, Excises, extraordinary Prison expenses, and grievou • unredressed pressures impos • d by you, such▪) to let the oppressed go free (and is not he such an one in the highest degree, as well now as hereto • ore, in his person, freedom, calling, estate, friends, and all earthly comforts▪ by your foreign close imprisonments so long continued on him, after all his ancient oppressions?) and that ye break every yoke (and are not his present restraints from all free private or public converse with any ranks of men by word or writing, by muing him up in for • in Prisons, under armed Guards, Sentinels, debarring him from all God's own Ordinances, all legal ways or writs for his enlargement, yokes, nay iron yokes to him? Your keeping o • him and the whole Nation so many years together▪ when the King and both Houses would and might have settled a most desired blessed Peace without further arms or blood-shed, under the over • wing, Parliament-subverting, Law-oppressing Sword, Power, Discipline of a disobedient Army, subverting those very ends, powers, persons, for whose preservation and defense they were professedly raised, waged, continuing them still in extraordinary pay, both Winter and Summer, with little or no diminution of their number, to the total consumption of all the Lands, Rents, Revenues of Archbishops, Bishops, Deans, Chapters, King, Queen, Prince, of many thousands of Delinquents, the undoing of some thousands of well affected persons, the general impoverishing of most men throughout the Nation, and threatening a speedy consumption of all yet remaining—if longer continued, and that rather to enslave then enfranchise us; to promote their own Officers and others private Wealth, Greatness, then our real, public weal, liberty, safety, or our Religion: The maintaining of many superfluous Garrisons, Castles, more to imprison, secure him, and the other causeless Prisoners in them, then defend the Nation by them; the usefullest of them, even at the entrance of our chiefest Harbours, being experimentally found to be mere Scare-crows, to fright cowardly inexperienced Seamen only; but unable with all their mounted Canons (discharged suddenly if there be occasion only one by one, at Rovers and great uncertain distance, and that but once or twice at most with round bals, by none of the skilfulest Gunners) unable to hit (unless by chance) much less to stop, hurt, spoil, strike any single Ship or Vessel passing in or out of the Harbors; when as old, late and present experience in our latest Sea fights prove that 10, 20, 30, 40, 50, 100▪ whole broad sides, and greater, better tyres of Ordinance then any in our Forts discharged together at one stout ship by skillfullest Gunners, at nearest distance, with better aim, with key or cross chain shot, will hardly split or sink it, (which no Fort, no Castle that we read of ever yet did) nor stay, take any resisting Vessel without grappling with and boarding her; which Forts cannot do: much less can they hinder the ingress, egress or regress of any considerable Squadron of Ships or a whole Navy; or impeach the landing of an Army by or under their very noses, or in places out of their Guns command, as ignorant people dream, as the forcible landings of your forces, though small, in the late reduced Islands of Silly, Jersie, the Barbadoes under their very Forts and Canons, without the loss of any one Ship or Vessel by their Canons and Blockhouses; and of the loss of very few Mariners or Land Soldiers (with the taking of Cadez and many fortified Towns in the Indies heretofore by Sir Francis Drake and others, without the loss of any one ship by Canon-shot) manifest beyond all contradiction; such Forts serving only in truth, to maintain many • asie Gunners and Montrosses at, 8, 10, 12 l. pay a week or more in many Forts, merely to shoot away vast proportions in a year of Powder and Bullet in mere complement and salutes of men of war and other Ships, who waste more Powder, Bullet in saluting, resaluting Ships, and in other idle frolicks upon Visitants and News of good successes, then their salaries amount to; and to maintain many thousands of lazy, idle Soldiers (whose labor would be far more profitable to the Nation then their service) at 5 s. 10 d. pay each week, and their Officers at double, treble, 4, 6, or 8. times as much more, only to burn Match to take Tobacco, stand Centinel, to walk or look about them some two or three hours, in three or four whole days space or more, which they call Duty; and exercise once in two or three months time for so many hours, to shoot away their powder; when as poor Labouring men of all sorts must work hard all the week long for lesser gain and wages, then these idlebees receive for this their lazy useless duty, and yet pay heavy weekly Taxes duly (under pain of plundering) to maintain these Lurdánes to so little purpose: Are not these think you yokes, nay heavy unsupportable Iron yokes, far heavier then those wooden ones (of a little Ship-money only once a year) under which we formerly groaned, till we brake them; fit now to be broken on your Fast-day, after so long a continuance of them by you on our Nations galled, wearied necks?) There is yet a second part of that Fast, which God now calls for from you; to deal your bread to the hungry (and are there not now many such amongst us by your unrighteous depriving them of their Liberties, Callings, Employments, Revenues, Husbands, Servants, Children, Estates, public Offices, and the benefit of our very Laws to regain their own, and detaining their public debts, as you do his) To satisfy the afflicted soul (and is not his soul such, by your remonstrated pressures, and thousands of souls more by other grievances?) To bring the poor that is cast out (as he is by you from his House, Liberty, Calling, Family, Kindred, Friends, all worldly comforts, public Trusts and Employments, into remotest Prisons without cause, against all Laws) into your houses; (who will not so much as once permit him, to return into his own house, and so long debarred him from God's own houses) If you see the naked, that you cloth him; (and you have almost made him naked by depriving him of his Calling, Friends, Employments, detaining his public oft-demanded debts, his extraordinary prisonexpences and late Militia charges, enforcing his friends to sell all his stock, superadded to all his other payments, reducing him to his very worst old Jersie Prison rags and clothes to cover his nakedness by these merciless undoing extremities) And that you hide not yourselves from your own flesh (as you do from him by not receiving some, breaking up others of his Letters of complaint without reading them, slighting all the rest, and answering none of them but by denials; refusing to hear, dispute, or speak with him face to face, for ought you can charge him with, as persons either ashamed, afraid, or unable to encounter or behold him, after so many indignities, or to make good your own cause, or proceedings against him, by Divinity, Law, Religion, or any sole hearing; and yet hide him from his own flesh too, by keeping him from his Friends, Kindred, and them from him by strict restraints in remotest Garrisons from them, of purpose to deprive him of their visits:) Give him leave then upon all these grounds, in the name and fear of God, as your former true Christian friend and present impartial monitor, without all carnal fear or sordid flattery, seriously to exhort, and faithfully to persuade all and every of you, not so much for his own interest, as your own truest good, salvation, and our whole Nations welfare, both before and on your Solemn Fast-day, to lay all his former Remonstrated pressures and long illegal close restraints, as close as may be to your souls, and both publicly and privately with deepest sorrow, shame and detestation to confess, acknowledge, bewail, abhor, renounce, redress, repair them by his present honorable enlargement, and other proportionable recompenses to him and the grieved Nation, as crying, Godprovoking sins, which if not then thus seriously acknowledged, repented, and rerlly redressed, may and will draw down as exemplary Justice and Vengeance on your heads, and present exorbitant Power, as his former sufferings of this natnre did upon beheaded Canterbury, with other you immediate Predecessors at Whitehall and their exorbitant authority, though then better settled, secured by our Laws and long Prescription, then you or your present slippery peace. And withal, before, or on that day at furthest, effectually, sincerely by real performances and actual ex • cutions, to keep and render unto God that practical forementioned Fast which he hath chosen, and expecteth at your hands, in all the respective branches thereof, both in relation to himself, and all other oppressed, afflicted, impoverished ones throughout our three Nations, now groaning, languishing and almost expiring under manifold bonds of wickedness, heavy burdens, oppressions, yokes, already hinted to you; without which all your prayers will be but mere howlings in his ears; all other feigned humiliations, a mere atheistical abuse of this most sacred Ordinance, to mere politick sinful ends, to which it is oft abused; nay a Fast for strife and debate, and to smite with the fist of wickedness, as God there resolves; by making it a general engine to raise, foment, encourage, countenance, justify new unchristian, inhumane, unrighteous, impolitick divisions, factions, Wars with and again our very fellow-Christians upon slight pretences, dissents and private differences, without just substantial grounds, warranted by Gospel principles, presidents, precepts; which instruct all Christian men and States too, to love like Brethren, to pass by and forgive their enemies injuries and offenses; to keep the unity of the Spirit in the bond of Peace; to live in peace, and follow peace with all men; to seek one another's welfare; to lay do • n their life's for their brethren; to study to be quiet; to live in all Peaceablenesse and honesty; to give no scandal nor offense, and do no wrong nor violence one to another; to beat their Swords into Plow-shares, their Speares into pruning hooks; not to lift up a sword one against another, or learn war anymore; to put up the sword into the sheath, because all those that take the sword, shall perish with the sword; Not to bite and devour one the other, lest they be consumed one by another; resolving, all Wars and Fightings amongst them, to come only from their lusts, that war in their Members; and all wisdom to raise, soment and manage them, not to descend from heaven above, but to be carnal, sinful, devilish.
And if your public Fast be now secretly designed to any such unchristian purposes as aforesaid, or not accompanied with that real Fast forespecified; it will be so far from allaying, that it will far more incense God's wrath; so far from procuring, obtaining public peace, that it will increase your Wars and enemies; so far from establishing your new republick, that it will suddenly and certainly subvert it, if not by others, yet by the very Army and arms of flesh you most depend on; so far from securing our sinful Nation (or Religion) from foreign enemies and plunders thereof, that it will expose them to their combined invasions on all hands, to their great molestation, devastation, if not final extirpation out of the long enjoyed Land of their Nativity (as the Britain's of old) for all your and their late increased, desolating, crying sins, which hath been, and yet is, the grounded fear, and is and shall be the daily fervent deprecation of your oppressed close Prisoner, necessitated by your defaults to this prolix Remonstrance of his Grievances, and final demand of Right, Liberty, Justice from you; which God himself will both hear and grant, if you now prove more deaf and dumb thereto, then the unrighteous Judge in the Gospel, after all former Solicitations, Letters, Suites, and this ultimate address unto you, by
Your two years and three months
causeless close Prisoner,
William Prynne.
From his ill, moist, close Prison-chamber in Pendennis Castle, 26. Septem. 1652.
After this Remonstrance sent, upon the motion of some of my friends, this Order and Warrant thereon was made at Whitehall, and sent to Pendennis Castle, for my release.
Tuesday first of February, 1652. At the Council of State at Whitehall.
THat Mr. William Prynne be discharged from his Imprisonment, he giving his Bond to the sum of one thousand pounds, That he will not for the future act anything to the prejudice of this Common-wealth, and the present Government thereof.
Exam. John Thurlo, Clerk of the Council.
SIR,
THe Council hath thought fit, that Mr. William Prynne now Prisoner with you in the Castle of Pendennis, shall be discharged from th restraint upon him, he giving his own Bond of one thousand pound, that he will not for the future, act anything to the prejudice of the Common-wealth, and the present Government thereof. The Council have thought fit, that the taking of his Bond, should be left to your care, and do therefore desire you, to see the same entered into by the said Mr. Prynne, according to usual form, and the condition above mentioned; which Bond when the said Mr. Prynne hath entered into accordingly, as is hereby directed, you are to return the Bond to the Council, and to set Mr. William Prynne at Liberty. Whitehall Feb. 2. 1652.
Signed in the name, and by Order of the Council of State appointed by authority of Parliament.
Exam. John Thurlo Clerk of the Council.
JOHN BRADSHAW, President.
To the Governor of Pendennis Castle, These.
Upon reading of this Order and Warrant, brought me by the Deputy Governor, I peremptorily resused to enter into any Bond at all upon any terms; the Illegality and Tyranny of which Bond and Condition, I at length expressed in a Letter to a Member of Whitehall that sent them; resolving rather to die a Prisoner then live a Bondman in my Native Country, where I was borne a Freeman: Whereupon they sent this absolute Order for my enlargement, without any Bond or limitation whatsoever, upon which I was thence released.
THese are to will and require you forthwith upon sight hereof, to discharge and fet at liberty the body of Mr. William Prynne from his Imprisonment, if he be under restraint with you for no other cause, then that is expressed by the Order of the Council for his Commitment, of which you are not to fail, and for which this shall be your Warrant. Given at the Council of State at Whitehall this 18. day of February, 1652.
Signed in the name, and by Order of the Council of State appointed by authority of Parliament.
Exam. Jo. Thurlo Cler. Council.
To the Governor or Commander of the Castle of Pendennis.
JOHN BRADSHAW, President.
Upon my repair to London in November last, I writ and sent this ensuing Letter to Mr. Bradshaw.
SIR,
Your
long oppressed,
yet still
unconquered Tyranno-mastix,
William Prynne.
From my Chamber at Lincolns Inn, Nov. 24. 1654.
To this Letter Mr. Bradshaw returning a long unsatisfactory answer in writing, dated the 1 of of December, I thereupon sent him this Reply thereto.
SIR,
Your
injured, oppressed quondam Friend,
and
Martyr
for the public,
William Prynne.
Lincolns Inn, 5. Decemb. 1654.
To this Letter I received a large impertinent answer, dated the 6. of December, giving no account of the cause or justice of my Restraints, but proffering me a meeting at Mr. Ellys his chamber in. Grayes Inn the Saturday following, about 8. of the clock in the morning, freely to debate the business in a friendly manner, without prejudice to either side: Where I meeting Mr. Bradshaw accordingly, he seriously protested to me, That he neither knew nor remembered the Informers names, nor any particular informations given in against me, whereupon I was thus imprisoned, restrained; but he would peruse all his own papers, and the Books at Whitehall with all possible speed; and if he could find any particulars relating to my commitment in them, he would give me a speedy account thereof. After which he said, That he had sundry things in the general to allege for himself in relation to the proceedings against me, which did quiet his conscience: the sum whereof (which he amplified with many words) was this alone.
1. That he and the Council at Whitehall (as he styled them) had their authority derived to them from a true and unquestionable Parliament of England.
2. That this Parliament gave them particular instructions to pursue, for the preservation of the Peace and safety of their new Common-wealth; which they accordingly pursued according to their judgments and consciences, without malice or partiality.
3. That there were many desperate plots and conspiracies set on foot against this poor infant Common-wealth by the enemies thereof, threatening utter ruin thereunto, had they not been carefully prevented, about and during the time of my commitment, which enforced them to extraordinary proceedings.
4. That though he knew not the particular grounds or cause of my restraints, yet he was persuaded, that it was done in order only to public safety, and not out of any malice, but rather out of a tender respect of the Council towards me; and that he did naught therein but only by the Councils command, which he was bound to obey.
To which I presently returned him this answer, That I much wondered with what face or confidence he could condemn the late King for a Tyrant, and yet soon after become more arbitrary, unrighteous, and Tyrannicall himself in his proceeding against me, (his late special friend) then ever the King or his Council were.
For first of all, they only summoned me in the day time to appear before them by a single sworn Messenger the next day, without any attachment of my person: But he at the very first attached me near midnight in my own house, by a party of horse, without any sworn legal Officer.
2. They summoned me to appear before them to answer such things as should be objected against me: but he attached and sent me as far off from him as possible, to remotest Castles, without bringing me ever before him; as being afraid or ashamed to see my face.
3. They when I appeared before them, objected a particular book to my charge, as scandalous and offensive and heard me concerning it before they committed me▪ But he at first objected no particular crime or Book against me, nor would he afterwards during my long restraints, signify any special cause of my close imprison • ent, though oft importuned by my Letters; which he would have done for his own reputation, and my own or the worlds satisfaction, had there been any. And now at last he protests, That be neither knows, nor remembers any particular informations given in against me for which I was so long committed; my papers, records, writings seized, and my very pockets, as well as my House, studies, and Prison-chamber ransacked; But he will seek if he can find out any particulars, which would have been found out long ere this, had there been any such, even since my first Letter to him in November last.
4. They committed me only a prisoner at large, as first to the Tower of▪ London, their usual Prison, near my friends and place of residence; without any restraints of Letters or conference with any. B • t he sent me to three remote Castles one after another, everyone worse then another, the last near 150 miles distant from my house and friends; and there kept me under the strictest restraints and armed gards; contrary to sundry express Statutes, and the Votes of both Houses of Parliament in my former case; debarring me for a long time the liberty of God's public Ordinances; which I enjoyed under them. In all which respects, after the Parliaments censures against the old Council-table, Prelates, Canterbury, and his own sentence against the King; he had manifested himself a worser Tyrant then they, and might therefore justly expect as heavy, or a far worse censure as any of them sustained, in case he repented not of, and gave not satisfaction for these transcendent injuries. As for the general grounds he alleged, to excuse or justify his exorbitant proceedings against me; I told him, they were frivolous, and would rather aggravate then mitigate his offense before any Legal Tribunal.
To the first of them I then immediately answered, that I much admired, how any man who professed himself a Lawyer, or ware a Gown upon his back, durst affirm, That about 50 or 60 members only of the late Commons house, confederating with the Army-officers to destroy, condemn and behead the King, the * head of the Parliament, abolish the whole house of Lord's, the ancientest, honorablest, chiefest of branch our English Parliaments. Wherein the judicial power of Parliaments wholly or principally resided; and secure seclude the majority or five parts of four of the whole Commons house (only, for voting according to their consciences and endeavoring to settle the Peace of the Kingdom, after eight years bloody wars,) and to subvert all future real English Parliaments, contrary to their trusts and duties, the very express words of the writs and retornes of those by whom they were made and elected members; contrary to the direct tenor of the Oaths of Supremacy and Allegiance, which they took and must take before they could sit or vote as Members; contrary to the Solemn Protestation, Vow, League and Covenant, which they all made and took after they were Members; contrary to their manifold printed Declarations, Remonstrances, Ordinances, Votes, whiles there was a real Parliament, and they actual Members of it; contrary to the Desires, Petitions of those who entrusted them; yea contrary to the principles of the Protestant Religion, the Privileges, Rights of Parliaments, the fundamental Laws of the Land, which they professed, covenanted, engaged inviolably to maintain, as they were Members; should be a true and unquestionable Parliament of England, of themselves alone, without either King or House of Peers, or the mainity of the secured and secluded Members; especially after the Kings beheading, which actually dissolved the Parliament, and sitting still under the overawing guards and force of the Army? demanding of him in an earnest manner, by what Parliamentary or Legal Records, Histories, Law-books, resolutions of our Judges or Courts of Justice, he could prove that unparliamentary Juncto, to be a lawful English Parliament, when as his own science and conscience must attest, that they all declare and resolve them to be no Parliament at all? Whereunto he replied, he must needs confess, that all Records, Histories and Law books were clear against him; that they were no legal Parliament; but yet yet in this case of extremity, wherein we then were, It was lawful for the minor part of the Commons Houses to seclude the King and house of Lord's, with the major part of their fellowcommoners, when they would have endangered the ship of the Common-wealth to preserve it from drowning; as I myself granted in one of my Books, that the Mariners might secure the master of the Sip, and thrust him from the stern, in case he would willfully split it against a Rock or Quicksands, to preserve the ship and themselves from perishing: to which I rejoined; that the similitude suited not with the case in question. For the secluded majority of the Commons and Lord's house, according to their trusts, duties, at the earnest desires of the generality of our three Kingdoms, endeavored to preserve and secure the ship of the Common-wealths of England, Scotland, and Ireland, and bring it into a safe harbor, by a happy close with the late King, upon far more honorable terms and propositions for the subjects benefit, liberty, weal, security, to which the King consented, then ever we or our ancestors enjoyed, or our posterities can hereafter hope for; and labored to their power, to prevent those bloody intestine wars between our Protestant Realms and Allies, and that prodigal expenses of many millions of treasure, which this vi • lence upon the King, Peers and Commons house, have since produced, and is still likely to occasion, by these few Members confederacy with the Army; who instead of saving have quite wracked the ship both of our true ancient Parliaments, and Republics, and of their new infant Common wealth too, and left us in a more desperate distracted unsettled condition, then they then found us (which he con • essed to be true). Therefore he could no ways justify this their violence, much less infer from thence, that they were an undoubted true English Parliam • nt, for by like reason he might make the Army, or General Council of Army Officers (the chief authors and actors in this violence only) to perpetuate their own armed power and our intestine wars for their own private ends (as now all clearly see) a true English Parliament▪ as well as that Fag end of the house of Commons confederating with them; who now too late repented of this their folly, treachery, and heartily wish, they had joined with us in our really endeavored, and near accomplished settlement upon the Kings confessions, which now they despair of more then ever, to enjoy under any New Government.
To the second I replied, that admit them to be a true English Parliament (which I could not grant) yet certainly they neither would nor could grant him or his Whitehall associates any such unlimited arbitrary instructions and Tyrannicall power, to close-imprison me or others in remote Castles under Soldiers, to break open, ransack our houses, studies, seize our writings, records; deny us liberty of God's O • dinances, or free commerce with others by conference or Letters, which the whole Parliament and themselves so lately condemned, sentenced and publicly voted, declared against, as repugnant to the great Charter, Laws, Liberties, properties of the Nation in my own and others cases, and made new acts against. And if any such exorbitant, tyrannical power had been granted them upon any pretence, yet the Statutes of 25 E. 1. c▪ 1, 2. E. 3. c. 1. declare them, to be null and void, and himself knowing them to be such in law, could neither in justice nor conscience pursue them to mine or others prejudice.
To the third I subjoined, That the many desperate plots and conspiracies against the true real Commonwealth of England, were on his and his associates part, who subverted our old Fundamental Laws, Government, Monarchy, Parliaments and the free course of justice, by arbitrary power, force, and Courts of highest injustice, not on mine, or the secured and secluded Lord's and Commons, who detested, opposed all their apparent late plots a • d conspiracies against them; and that now, by God's retaliating Justice, they poor infant Commonwealth (founded in Treachery, Perjury, Violence, Injustice, Blood, Tyranny) was suddenly subverted, destroyed, by that very armed power which first erected and engaged to support it still. But admit the allegation true; yet this was very ill Logic, and worse Law and Policy; because there were many plots and conspiracies against their new infant Republic by others; Ergo, he and his Whitehal associates might close-imprison me (after all my sufferings and services for the public) and all else they pleased, in remotest Castles, without cause or hearing, though guilty of no real crime, plot or conspiracy; which strange exorbitancy, in my judgment, was our principal cause of their new Commonwealths and Whitehall Councils suddenunexpected downfals: However, I being a Member of Parliament that had then a being; neither he nor his Whitehal associates, could thus imprison and secure me by any general instructions, without a special order of Parliament, without th • highest breach of Parliamentary Privileges; and if there were no real Parliament in being which gave them their usurped authority, (as in truth there was not) they were then but a company of private men, destitute of all legal authority and had no more lawful authority to restrain or imprison me upon any pretext, then I had to imprison him or them, since Par in parem non habet imperium; as he well knew, without some special law authorizing him.
To the fourth I related; that if he knew not the particular grounds of my Imprisonment, then he could not positively resolve, that it was in order to the public safety. That to injure and oppress me, who had written, acted, and suffered so much for the public safety heretofore, was the high way to occasion, hasten, not prevent their public damages, and must certainly favor of much private causeless malice of some men towards me, rather then of public safety, or their private respects towards me. That I was so conscious of my own innocence, that I neither feared nor declined, but oft desired a public legal Trial for anything he or his associates could object against me; which I could not attain; and to say now at last, that all they did was only out of tender respects and favor-towards me; was a very absurd and pitiful excuse; especially seeing he professed, he knew no ground nor reason for it. That Canterbury and the Prelates, might have made the same absurd allegation for my former close restraints as well as he, and that if himself should be so long close imprisoned in three remote Castles, under such armed guards, and unchristian restraints as I sustained under him, by me or any other his pretended friends, without any legal cause, hearing, trial; I doubted not, but he would interpret it, as an act of highest malice, Tyranny, and injustice, not as a special favor and tender respect towards him. That himself well knew, in the cases of many late Delinquents, illegal commands and commissions too from the King, Council, or any others, had been frequently resolved in Parliament, and elsewhere, to be no excuse, nor justification at all for those who obeyed or executed them; and therefore his pretended counsels, illegal commands to him, in relation to me, could neither extenuate nor justify his illegal warrants and restraints, in the least degree. That he was sorry to hear such poor excuses from a Lawyer; and that he should be so far overseen, as to expose himself alone to answer and satisfy all the illegal actions, and exorbitant Warrants he issued by their unjus • commands, b • th against me and others; which they now totally disclaimed, and so lest him in the lurch to bear both the odium and damage of them.
In brief, after near two hours discourse, being unable to reply to my premised answers; he promised, to make a dil • gent speedy search after the particulars that were suggested against me, and to give me an undelayed account thereof, if there were any at all extant; as I presumed there were none; Whereupon we departing, and I hearing not from him in five weeks space, I thereupon sent this ensuing Letter to him.
SIR,
Your Quondam close Prisoner, William Prynne.
Since which I never receiving the least account or answer from him, I take this long silence for a satisfactory evidence of my innocence and his injustice in committing and injuring me as aforesaid, without any particular cause at all, yet discovered or declared, after so long a respite; whereupon to right myself the best I may at present in point of reputation, (till a time of future reparation in some other kind shall offer itself) I thought it both just and necessary for me to publish all the premises to the world; supporting and solacing myself in the mean time with these old Christian Cordials, of which I have had frequent experience, Psal. 37. 5, 6, 37, 38, 39, 40. Commit thy way unto the Lord: trust also in him, and he shall bring it to pass. And he shall bring forth thy righteousness as the light, and thy judgment as the noonday. Mark the perfect man, and behold the upright, for the end of that man is peace. But the transgressors shall be destroyed together, the end of the wicked shall be cut off. But the salvation of the righteous is of the Lord, he is their streng • h in the time of trouble. And the Lord shall help them and deliver them: he shall deliver them from the wicked; and save them, because they trust in him. Mich. 7. 8, 9, 10. Rejoice not against me, O mine enemy: when I fall, I shall arise; when I sit in darkness, the Lord shall be a light unto me. He will plead my cause, and execute judgment for me: he will bring me forth to the light, I shall behold his Righteousness. Then he that is mine enemy shall see it, and shame shall cover him which said unto me, Where is the Lord thy God? mine eyes shall behold him, and now shall he be trodden down as the mire of the streets.
A Usefull Seasonable Corollary to and from the Premises.
W Hen I seriously contemplate with deepost grief of Heart and confusion of Spirit, how my late Imprisoners, with other of their Confederates (who made the greatest Profession of transcendent Piety, Justice, Uprightnes, Clemency, Humility, Self-denial; cordial affection, & transcendent Zeal to the Fundamental Laws, Liberties, Franchises, Privileges, Ease, Weal, Establishment of their Native Country; published so many large
First, of the infallible verity of these sacred Oracles Jer. 17. 9.
Secondly, of the sad, tragical, dangerous fruits of ambitious affectations of Sovereignty, greatness; which instigates men oft times, to violate all
Thirdly, of the extraodinary dangerous, sinful, poisonful leaven, usually attending grand powers, offices, Preferments, whcih frequently transform not only proud ambitions carnal persons, but even the most humble, mortified, meek, just, upright, pious, self-denying Saints, and greatest Patrons of Religion, ▪Laws, justice, public liberty, (without God's extraordinary restraining grace) into the very worst of tyrants, oppressors, Extortioners, especially when suddenly advanced by unlawful means or from an inferior condition to the highest pinnacle of sovereignty or Empire. This
Yea such a strange corrupting transforming venom usually is there in Sovereign powers and dignities, (which ought really to make men Like to God himself, whose
From this perilous corrupting, transforming leaven usually accompanying Empire and great Honors, the very Heathen Philosophers and others deduced these three Proverbs Honores mutant Mores: Magistratus virum indicat; vis nosse virum, committee imperium: And Huldricus Zwingli renders this reason of it. Adeo late vast • t hominum mentes rei gloriaeque • upid • , tametsi interim pulchre celet omnia, & non alia res est quae latentes cupiditates magis exulcerat, QUAM IMPERIUM: tunc enim occasionem se invenire arbitrantur, qua maxim grassari possunt. Caeterum ubi jam via patet, nemo retrahere potest ut vel moderate videantur concupivisse, &c. He instanceth in two examples to prove what strange alterations, Empire and power, operate in men's minds and manners. First in King Saul; next in Pythagoras the Philosopher: who although
From these and infinite other Presidents of men's strange Degeneracies & Transmutations by their high Honors, Powers, in all ages, we may well cry out with godly Zwingli
1. Not over severely to aggravate, censure the Exorbitances of our late or former Kings, or their Officers, Counselors, Courts; since other late Reformers who have most eagerly declaimed against, censured, condemned and totally suppressed them as the greatest Grievances and Tyrants, have far transcended them ever since in their very worst Exorbitances, and degenerated into more absolute Tyrants, Oppressors, Grievances in most kinds then they were heretofore, as their late Acts, Edicts, Actions and Speeches proclaim to all the world.
2. Not greedily or ambitiously to seek after Empire, Sovereignty, Power, Magistracy, great Offices, or Preferments ( being so full of perils, cares, fears) especially, by violent, fraudulent, corrupt, unlawful mean • , but rather modestly and carefully to decline them, for fear of being depraved, altered, and brought if not to temporal, yet to eternal ruin by them, as thousands have been.
Thirdly in case they be lawfully called, urged, and in a manner enforced against their wills, without their solicitation to any places of great Power, Trust, or Honor, to be very cautious how they undertake them, to examine their own abilities faithfully to discharge them, with the strength of their Christian graces to resist, conquer, those manifold temptations unto sin, and gross Corruptions, which usually att • nd them; and earnestly to seek to God by prayer for special direction in the acceptance or rejection of them.
Fourthly, If God and their own Consciences upon warrantable grounds incline them to embrace such Powers or preferments, then to make it their earnest prayer to God (as
Fif • hly, To engrave these sacred scriptures alway • in their hearts and memories: 2 Sam. 23. 3, 4.
Sixthly, To beware how they give the least way, to any unjust or unrighteons Project, Judgment, Commitment, Imposition, action, contrary to the known Laws of God or the Land, to the prejudice of any private Person, or the whole Nation, upon any pretended Necessity, Extremity, Conveniency, public advantage, or to satisfy the unjust desires, or commands of an • Powers or Persons whatsoever: least it prove an inlet, and leading president to far more, worse, greater Exorbitances, Injuries, Oppressions, Sins, and necessitate them at last to defend one wickedness or act of Injustice, by another, till they plung themselves over head and ears, beyond recovery in sin and damnation, to their temporal and eternal ruin. Principiis obsta: is the best resolution in such cases.
Seventhly, Diligently to examine by the rules of law conscience and right Reason, every Action, Project, Design proposed to, or imposed on them, by these three notable Interrogatories of Saint Bernard: Whether it be Lawfull? Decent? Expedient? And if upon due consideration, it fail in any of these three circumstances, then peremptorily to reject it, proceed no further in the execution; but rather willingly to quit their Offices, Honors, Powers, then their Justice, Honesty Consciences in such cases; according to our Savior's advice, Matt. 16. 26. and the Apostles resolution, Acts 4. 19, 20. and c. 5. 29.
Eighthly, To
If any in present or future Power, contemning these Christian Instructions, and all Laws of God and Man, shall think to support themselves in any Arbitrary, violent, illegal, oppressive ways to the general oppression of the people, by the power of armed Forces. Let them remember that of Psalm 33. 16. There is no King saved by the multitude of an Host: a mighty man is not delivered by much strength. And know that all the Hosts, Guards under Heaven can neither save nor secure any unrighteous violent Tyrants or, Oppressors from the Justice of that Omnipotent God, who hath decreed, Psal. 140. 11. Evil shall hunt the man of violence to his overthrow: that bloody, violent and deceitful men shall not live out half their days, be brought down by him into the pit of destruction. Psal. 55. 23. And that all those who take the Sword, shall perish by the sword. Mat. 26. 42. Which the Histories of all ages, places, Zach. 9. 1, 2, 3, 4, 5. Isaiah. • 4. 10. to 20. worthy their saddest perusal with the forecited president of William Lanchamp sufficiently confi • me; their very Armies, Guards themselves becoming many times their Executioners, as Seneca de Clementia l. 1. c. 25, 26. most elegantly records. Yea sometimes the most victorious Generals, Armys, when they prove treacherous too, and mutinous against their Sovereign Lord's and Masters, contrary to their Oaths, Trusts, become mutually treac • erous and destructive to each other in conclusion: Of which I shall give you only one memorable example. When Alexander the great, his Captains had after all his Conquests
Courteous Reader, I shall desire thee to excuse these many Errata's through the Authors absence by the Printers.
IN the Epistle to the Reader, p. r. l. 2. read Philotas, l. 6. r. hominus, l. 8. r. ipse, p. 2. l. 29. r. years, p. 4. l. 1. r. to our laws, l. 3. r. putting, l. 18 r. and, l. 26. r. posterum, pace, l. 27. ejectionem, l. 34. blade was secretly, p. 6. l. 27, 28. r. hisce tineis, p. 7, 19. r. quod cum assecuti, l. 36. Jesuitas, p. 9. l. 16. r. odium of them to these, p. 10. l. 3 r. whom our, p. 11. l. 29. r. preposterously or preproperously.
In the Letters p. 4. l. 24. r. all our, p. 8. l. 23. as Sir, l. 27. cause justly; the certain cause, p. 15. l. 17. r. and that before, p. 16. l. 11. r. I am resolved, l. 23. r. to Canterbury, p. 27. l 12. r. that Justice, p. 39. l. 15. r. to Whitehall, p. 36. l. 4. 12. r. 1, 2. l. 5. 18. Ed. 1. l. 12. Tyrany, p. 39. l. 33. c. 19. r. 1, p. 41. l. 21. r. and Trial.
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