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A91227 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 (stiling themselves, the Councel 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, triall, 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. Prynne, William, 1600-1669. 1655 (1655) Wing P4016; Thomason E488_2; ESTC R203337 111,299 152

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is your new Free-State Whitehall transcendent Iustice worthy to be registred for your Honour to all Posterity towards this Remonstrant instead of recompencing his former voted Dammages Losses Services for the publick to his extraordinary Prejudice and Oppression the exceeding grief of his kinred friends and most religious truly publique spirited men to the great rejoycing of his Iesuitical and Prelatical Malignant Enemies and no great honour to your Iustice 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 Defence 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 Jesuites Papists and their confederates various plots and practises now very rife and visible to undermine them and engage our own and all other Protestant Kingdomes States Churches in destru ctiveunreconcilable Wars and differences agreeth either to their mutuall and the Protestants Religions ruine or to countermine these their designes as he hath done formerly to his power Or else as others conceive to force him by tedious uncomfortable imprisonments and extreame penury to turn a practicall Apostate and perjured abjurer of all his former Orthodox loyall Principles Writings Books Oaths Covenants Protestations concerning King Kingdome Lawes Liberties Properties Taxes Parliaments Government Lords hereditary just right to sit vote judge in our Parliaments as Peers and thereby to verifie all the Prelates malicious Aspersions upon all Puritans in generall and himself in particular in their two late Star-chamber Bils and Speeches there exhibited against him and render him really guilty of beheaded Canterburies Treasons in an higher degree then he after his injoyned printing and publication of his Charge Tryall and Condemnation for them by the Commons House speciall Order to his eternall infamy here and damnation hereafter neither of which through the assistance of heaven no Prisons Tortures Powers on earth shall ever compell or perswade him to do or in case of his resolved Non-compliance herein under seigned Machivilian pretexts of his wilfull obstinacy and contempt of your new-created authority whose legality it must be no lesse 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 it self in Rome by an implicit faith and blinde 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 publick Trusts and private usefull imployments to passe away his solitary houres laying him quite aside like a broken uselesse vessell restraining him under strictest Gards as the most dangerous enemy instrument to his Countries weal after all his reall 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 dammage if Vox Populi be truth and by such ingratefull 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 Gods supporting power as hither it hath not to starve or kill him outright in forain incommodious prisons for want of legall 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 any more Petitions in his behalfe from his own Sister or any others or to release or remove him from his ill winter prison or to pay his publick 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 Lawes of God Nature Nations and Oaths to their meanest subjects and particularly by our own Kings Judges Justices and great Officers usuall Oathes 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 formall Petition to them for it as the Formes of most legall Writs sued forth of course and most Plaints and Declarations manifest every reall demand of right by word or writing being in truth a reall Petition for it and every Petition of Right but a more bashfull demand thereof as all Dictionaries in the words Peto Petitio the usuall Law phrases Petere Debitum Petere Judicium c. the ordinary motions of the Councell or Parties in all our Courts of Justice for Law or Right without written or verball Petitions for them and the Scripture it self resolve yet such is your unparalleld injustice toward him that unlesse 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 meer grace or mercy from you but only common known right and Justice against undeniable oppressions by your selves and instruments so all his former Letters and his friends addresses to you being reall legall though not formall Petitions for right and justice yet denied him and formall Petitions even for right it self 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 unseparable regall prerogative not to any Subjects whatsoever nor yet to the very House of Lords Commons or any other Courts of Justice Councell Judges Justices Great Officers or Grandees whatsoever being no King but Subjects which anciently were but the inferiour peoples hands or Masters of Requests to receive and present their formall Petitions to our Kings both in and out of Parliament and had no other Bils of Parliaments but meer Petitions of Right or Grace to the King whose Royall answer to them by way of concession made them Acts Lawes and his disassent meer 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 meer Right incommunicable to any other Subjects he hopes you will not now arrogate to your selves by enforcing him through duresse to a formall submissive Petition to you as his Soveraignes before you will enlarge or do him common right or justice having both abolished and publickly engaged your selves and also others to your power against
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 setling 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 Souldiers under Military Discipline contrary to all these Laws and Franchises of the Land when and where no Legal Iury nor Court of Iustice will or can condemn them adju●ged wilfull murder here●ofore and so resolved in P●rliament as Sir Edward Cook informes 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. Iohn 19. 7. 16. 18. compared with Acts 2. 23. c. 3. 14 15. c. 7. 52. yea a more transcendent publickly avowed Act of absolute Arbitrary Power and Tyranny than ever the late King or any of his Predecessers were guilty off which endangers every mans life and chopps off every mans 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 Gods just judgements the Heathen Poet ●vi● observing N●c ●nim Lex justio● ulla Quam necis artifices Arte perire sua Whereof we have a memorable Scripture President in that Tyrant Adonibezek Judg. 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 endeavouring to procure an Act of Parliament to take away some other m●ns lives without any Lawful Inditement Tryal by their Peers contrary to the forementioned Laws by the meer Legislative power of the Parliament was the first and only man that suffered and l●st his head wi●hout any Legall Tryal by a bare Act of Parliament 31. H. 8. c. 3. which kind of illegal taking away mens lives being next degree very near of kindred to a private Assasination or Publick Massacre of those we fear or ●ate and in one respect worse than either of them because disguised with a pretended shew of Justice is for ever to be abominated and exploded by all Pretenders to Piety and Publick Freedome and not to be tolerated in any free Monarchy or Republick upon any pretence of necessity or Publick safety whatsoever and so much the rather because the blood of such so murthered 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 Gods accoutnt and sha●● never inherit eternal Life unlesse they seriously repent and abandon all such Barbarons Cruelty and new Butcheries of men which every Heroick Christian and true English Spirit cannot but with highest indignation p●otest against out of zeal to Gods 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 contrarie before Christs Tribunal at the last upon the seasonable information and admonition of him who hath suffered so much for his Countries Freedome and would rather dye ten thousand de aths than see it after so much expence of Treasure blood in defence of the for ecited Laws and publick Freedome 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 Iustice true only in the Proverbs sence Summum jus summa Injuria 2. If you have no particular Charge or Crime for which by Law you can thus restrain me that you will then immediatly 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 Iustice 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 Iustification and Defence 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 honourable reward and gratefull requital than such a violent publique search of my house studies seisure of my Truncks Papers by Souldiers 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 immediatly 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 any thing but upon this extraordinary occasion of expence 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 Souldiers to help support me in Prison and defray those Debts which your present oppression the losse of my Calling thereby and your illegal heavy Taxes have contracted in stead of receiving any recompense for my former illegal sufferings damages and manifold
hand IOHN BRADSHAW PRESIDENT Which Warrant further enjoyns 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 especiallie in these daies of Englands freedome from Tyranny as some term if not proclaim them Strange in respect of your self the only visible author of them mine ancient Acquaintance who formerly made so many large Professions of reall Friendship towards me and one of mine own Robe much contemning the Kings Star-chamber Lords and Prelates illegall 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 my self 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 defence of our re●igion Laws Publick Wealth Liberty of the Nation without receiving one penny recompence for all my losses and snffrings though promised voted many Thousands and one of the most devoted faithfull Servants to the old Republick 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 lesse meritorious have been bountifully rewarded with great Sums Offices Pensions expected no such ungratefull 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 farr 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 doe first citing me to appear before them and then heard before they committed me or searched my Study and Papers and that by their Legall sworn Officers not armed Souldiers in the open day time not at midnight on the week day not the Lords day and never made made me a close Prisoner at first but onely 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 actuall arms against it now walk at large and one who took and subscribed the Kings Oath against the Parliament renouncing and declaring them Traytors and Rebels with others whose base unworthy cowardice lost and betrayed the whole County to the Enemie whom they durst never face or encounter are now imployed as great Commanders in our new raising Militia who as I have good grounds to suspect are the originall Contrivers of this my injurious Restraint out of meer mallice or envy to shew 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 illegall way will purchase you ten thousand times more dishonor and doe you more disservice by discontenting thousands of your Friends and giving your Enemies just occasion of rejoycing than ever their valour or Military Service is like to do you good either in the County or Kingdome and render you as detestable to the People as ever my former suffrings and Imprisoments did the Bishops or Star-chamber the greatest occasion of their downfalls Illegal injurious yea Destructive to the Peoples Libertys and also setled Laws for their Defence 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 my self 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 Councill Table to my best remembrance never issued any Warant so illegall as this in all particulars against my self or others nor executed it by be meer Military Officers on the Lords own day as your Souldiers did this to proclaim to all the world how little they esteem or observ● your new misnamed Act against travelling or arresting any on the Lords day the penalty whereof none dare to levy on Souldiers 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 wholy illegall in respect of the Persons to whom it is directed and by whom it is to be and was accordingly Executed which are not legall civill Officers of Justice as Sherriffs Iustices of Peace Maiors Headboroughs under Sheriffs Bayliffs Constables Serjeants sworn Messengers and the like the only lawfull Officers to serve and execute all legall 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 illegall or not legally pursued in the execution But meer Souldiers of fortune Strangers having no constant residence nor visible estates in the County to render me or others Dammages in an Action of Trespasse or false Imprisonment should we sue them and no legall Officers known or allowed by out Laws to execute Processes or Warrants from any civill Power no not in times of Warr especially where there is no necessity nor precedent resistance as in my case much lesse in times of Peace as now wherein
attainder * Witnesse M. Lemot aad others near the ●xchange and Sir Edward Hales in White-Fryers * See Daltons Cromptons Justice of Peace Poulton and others 2 and 3. Phil. and Mac 10. 11. H. 7. c. 7. * Deut. 13. 12 13 14 15. Iosh 22. 12. to 34. * Gen. 11. 5 6 7. c. 18 21 22. * As the Duke of Gloucester was at Calis and Hunny the Martyr was in Lollards Tower * See Rastals Abridgement Gaol and Gaolers * A New Discovery of the Prelates Tyranny p. 137. 138. c. 165. to 179. * Joan Ang Wondenhagen Polit. Synopt l. 2. c. 1. sect 10 where the various acceptionsof the word Common-wealth are sp●cified * Sperots case 7. Report f. 57 58. * A new discovery of the Prelates Tyranny p. 9. 142. * Ibidem p. 15 16. 139. 140. * Ibid●m p. 85 86 87 137. 138. 141. 142. * And so declared by the whole House of Commons in their Remonstrance of the State of the Kingdom 15 D●cemb 1641. Exact Coll. p. 6. 8. 11 12 confessed by the King himself in his Declaration of Aug. 12. 1642. Exact Collect. P 518. * Acts 24. 6. * See A New Discovery of the Prelates Tyranny p. 170 to 181. where this point is fully debated † 2 Sam. 1. 20. * See Mr. St. Johns Spe●ch concerning it at the Judges Impeachment And the Kings Answer to the Petition of both Houses Exact Coll. p. 127. 518. 586. 879. 858 882. * Whence the King in his Answer to the Declaration of the Lords and Commons of the 19 of May 1641. Exact Collection p. 252. thus adviseth bo●h Houses To take heed of inclining under the specious shew of Necessity Danger to the exercise of such an Arbitrary power they before complained of The advice saith he will do no harm and we shall be glad to see it followed * 2. Ch●on 28 6. to ●6 Ezech 18. 7. 12. 13. 16 17 18. Isay 58. 6 7 8. Obad 10 to 17. Mic. 2. 1 2 3. Lu. 19. 8. Acts. 16. 33 34. * An exact Collection p. 6. 11 12. 31. 37 38. 156. 500. A New Discoveoy of the Prelates Tyranny p. 15. 138. 140. in the cases of Dr. Bastwick and Mr. Burton * Ex●ct C●llection p. 6. 11 12. 35. 37 38. and 156 157 * The true custody and safeguard of all publick and private Interests The inheritance of every Subject and the sec●ty he can have both of his l●fe liberty or estate and the which being dis-esteemed or neglected under what specious shews soever a very great measure of infelicity if not of irreparable confusion must without doubt fall upon them as the King himself and both Houses declare Exact Collection p. 28 29. 267. 284. 491 492. 494. 503 694. * The deniall whereof is charged by the Commons as a great illegal Grievance and evill Exact Collection p. 6. * Magna Charta c. 29. a And thinkest thou this O man that judgest them which do such things and dost the same that thou shalt escape the judgement of God Rom. 2. 3. b A new D●svery of the Prelates Tyranny p. 15 16 120 121 128 132 137 140 225. c A new Discovery c. p. 137 138 139. Nota d See Exact Collection p. 558. 559. Witnesse Excise Tonnage and Poundage Monthly Contributions Quarte●ing of Souldiers new Oaths and Judicatures without and against Law ta●ing away mens Armes breaking open mens hous●s imprisoning and confini●g their Persons e Exact Collection p. 8. f Exact Collection p. 35. g Exact Col. p. 38 39 41. Nota. Nota h Exact Collection p. 77 78 156 157 458 483. i ●x●ct Coll. p. 6. k Matth. 25. 41. to 46. l Lev. 25. 14. Ez c. 18. 12 13 Psal 10. 14 18. 1 Cor. 6. 8 9. Col. 3. 25. Mich. 2. 1 2 3 m Rom. 3. 3. n Exact Collection p. 518 838 879 882 885 886. o Little on Chap. Remitter p Exact Collection p. 127. q Exact Collection p. 252. r Rom. 2. 3. 16. to 25. ſ Exact Colle ction p. 10 492. t And is not this the present case of most of the Nobility the late s●eluded secured Members and all conscientious Presbyterians throughout the Realm wh● dare not violate their former Oathes Covenants Protestations Declarations Remonstrances publ●shed to all the world of my self t And is not this the present case of most of the Nobility the late s●eluded secured Members and all conscientious Presbyterians throughout the Realm wh● dare not violate their former Oathes Covenants Protestations Declarations Remonstrances publ●shed to all the world of my self v Is not this your very practice now witness the Proceedings against the R●fusers of the Engagement who are thrust out of all publike Offices ●laces ●f trust deprived of their Callings Augmentations Sequestrations all present and futu●e Preferments and Degrees in the Church Universities Innes of Court c. yea deprived of the Law it self their Inheritance and Birth-right like Outlaws the hight of Tyranny and Injustice x For that which is my Case to day may be many or any others tomorrow b Psal 123. 8. Esay 57. 15. 1 Tim. 6. 16. b 1 Tim. 6. 15. Psal 47. 2 7. c Ephes 2. 10. c. 3. 12. d Ps 34. 15. e Psal f Luke 18. 2 3 4 5 6 7 8. g Plutar●●i Apothegmat● h A New discove●y of the Prelat●s Tyranny p. 142. Resolved upon the Q●estion that the War●ant dated 27 of August 13 Caroli made for the Transportation of Mr. P●ynne from Carnarvan Castle to the Isle of Jersey and his Imprisonment there other restraints therein mentio●ed are against the Law and Liberty of the Subj●ct and that he ought to be discharged of that imprisonment and to have reparations for his damages susteined thereby i Condemned by the Declaration and Judgement of both Houses Exact Collection p. 853 854 855 8 87. k Exact Coll●ction p. 242 28 29 267 500. l Hab. 17. m Jan. 4. 1648. n See my v●nd●cation of the Subj●cts L●●e●ty against ●llegall T●xes Exact Coll●ct●o● p. 882 883 884 885 886. o Exact Col●etion p. 380 442 462 485. 469. 478. 550 551 850 to 890. p Exact Collectio● ● 575. q And are not they sopractised now in the very self-sam● or a ●●rr more dangerous in this and others Particulars r By an expres●e warrant of the new rash inconsiderate Militia grounded on yours at White hall a Contrary to 2 and 3 Phil. and Mar. c. 10. ●nd the common ●aw Cook 2 Institu●es p. 51 52 53 54. b Acts 12. 3 4 5 6. c Exact Collection ● 8 11 12 13. 312 322 666 364 462 466 470 472 483 550 551 767 to 773 812 813. 845. 846 851 852 854 855 887. A Collection p. 424 425. 877 879. d a N●w Discov ry of the B shops Tyranny p. 139. to 179. e Declaration of th● 17 March 1648. Adulatio perperuum m●lum Regum Qu. Curtius ● hi●l l. 8. f Exact Collection p. 663. 666. A Collection