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A05581 A briefe relation of certaine speciall and most materiall passages, and speeches in the Starre-Chamber occasioned and delivered the 14th. day of Iune, 1637. At the censure of those three famous and worthy gentlemen, Dr. Bastwicke, Mr. Burton, and Mr. Prynne. Even so as it hath beene truely and faithfully gathered from their owne mouthes, by one present at the said censure. Bastwick, John, 1593-1654.; England and Wales. Court of Star Chamber. 1638 (1638) STC 1570; ESTC S101052 21,742 33

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most shamefully abused by a slaunder layd upon him which was That it should be reported That Gods judgement fell upon him for so eagerly prosecuting that innocent person M. Prynne which judgement was this That he laughing at M. Prynne while hee was suffering upon the Pillory was strooke with an issue of blood in his privy part which by all the art of man could never bee stopped unto the day of his death which was soone after But the truth of this my Lords saith he you shall finde to be as probable as the rest for we have here three or foure Gentlemen of good credit and ranke to testify upon oath that hee had that issue long before and thereupon made a shew as if he would call for them in before the Lords to witnesse the truth thereof with these particular words Make roome for the Gentlemen to come in there but no one witnesse was seene to appeare Which was pretty delusion and worth all your observations that read it and so concluded as the rest that this Booke also deserved a heavy and deepe Censure Mr. Harbert Lastly followes M. Harbert whose descant was upon Dr. Bastwickes Letanie picking out one or two passages therein and so drawing thence his conclusion that jointly with the rest it deserved a heavy Censure The Kings Counsell having all spoken what they could the Lord Keeper said to the Prisoners at the Barre Lord Keeper You heare Gentlemen wherewith you are charged and now least you should say you cannot have libertie to speake for your selves the Court gives you leave to speake what you can with these conditions First That you speake within the bounds of modesty Secondly That your speeches bee not Libellous They all three answered Prisoners They hoped so to order their speech as to be free from any immodest or libellous speaking Lord Keeper Then speake a Gods name and shew cause why the Court should not proceed in Censure as taking the cause pro confesso against you M. Pryn. My Honourable good Lords such a day of the moneth there came a Subpoena from your Honours to enter my appearance in this Court which being entred tooke forth a copy of the Information which being taken I was to draw my Answere which I endeavoured to doe but being shut up close prisoner I was deserted of all meanes by which I should have done it for I was no sooner served with the Subpoena but I was shortly after shut up close prisoner with suspention of Pen Inke and Paper which close imprisonment did eat up such a deale of my time that I was hindred the bringing in of my Answer You did assigne me Counsell 't is true but they neglected to come to me and I could not come to them being under lock and key Then upon motion in Court yee gaue me liberty to goe to them but then presently after that motion I know not for what cause nor upon whose commaund I was shut up againe and then I could not compell my Counsell to come to me my time was short and I had neither Pen nor Incke nor Servant to do any thing for me for my Servant was then also kept close prisoner under a Pursevants hands This was to put impossibilities upon mee Then upon a second motion for Pen Inke which was graunted me I drew up some Instructions in a fortnight time sent 40. sheetes to my Councell suddainly after I drew up 40. sheetes more and sent to them My Lord I did nothing but by the advise of my Counsell by whom I was ruled in the drawing up of all my answer and payd him twice for drawing it and some of my Counsell would have set their hands to it Here is my Answer I tender it upon my oath which your Lordships cannot deny with the Iustice of the Court. Lord Keeper Wee can give you a President that this Court hath proceeded undertaken a cause pro confesso for not putting in an Answeare in six dayes you have had a great deale of favour shewed in affording you longer time therefore the Court is free from all calumny or aspersion for rejecting your Answer not signed with the Counsels hands M. Pryn. But one word or two my Lords I desire your Honours to heare me I put a case in Law that is often pleaded before your Lordships One man is bound to bring in two witnesses if both or one of them faile that hee cannot bring thē in doth the Law my Lords make it the mans act You assigned me two Counsellors one of them failed I cannot compell him Here now he is before you let him speake if I have not used all my endeavours to have had him signed it which my other Coūsell would haue done if this would haue set his hand to it with him and to have put in long since Counsell My Lord there was so long time spent ere I could doe any thing after I was assigned his Councell that it was impossible his Answere could bee drawne up in so short a time as was allotted for after long expectation seeing he came not to me I went to him where I found him shut up close prisoner so that I could not have accesse to him Whereupon I motioned to the Lieftenant of the Tower to have free libertie of speech with him concerning his aunswear which being graunted mee I found him very willing desirous to have it drawne up whereupon I did moove in the Court for Pen and Paper which was graunted the which hee no sooner had gotten but hee set himselfe to draw up Instructions and in a short time sent me 40 sheetes and soone after I received 40 more but I found the Answer so long of such a nature that I durst not set my hand to it for feare of giving your Honours distast M. Pryn. My Lords I did nothing but according to the direction of my Counsell only I spake mine owne words my answear was drawne up by his consent it was his owne act and hee did approove of it and if he will be so base à Coward to doe that in private which he dares not acknowledge in publick I will not such a sin lye on my conscience let it rest with him Here is my Answer which though it be not signed with their hāds yet here I tender it upon my oath which you cannot in Iustice deny L. Keeper But Mr. Prynne the Court desires no such long Answer Are you guilty or not guilty M. Pryn. My good Lord I am to Answer in a defensive way Is here any one that can witnes any thing against me Let him come in The Law of God standeth thus that a man is not to be condemned but under the mouth of two or three witnesses Here is no witnesse comes in against me my Lord neither is there in all the Information one clause that doth particularly fall on me but onely in generall there is no Booke laid to my charge And shall I be condemned for a
Queen Maries daeys but a moneths imprisonment In Queen Elizabeths three moneths and not so great a fine if they libelled not against King or Queen Formerly the greatest fine vvas but tvvo hundred pounds though against King or Queen Novv five thousand pounds though but against the Prelates that but supposedly vvhich cannot be prooved Formerly but the moneths imprisonment Novv perpetuall imprisonment Then upon paying the fine no corporall punishment vvas to be inflicted But novv infamous punishment vvith the losse of blood and all other circumstances that may aggravate it See novv vvhat times vve are fallen into vvhen that Libelling if it vvere so against Prelates onely shall fall higer then if it touched Kings and Princes That vvhich I have to speake of next is this The Prelates finde themselves exceedingly agrieved and vexed against vvhat vve have vvritten concerning the usurpation of their calling vvhere indeed vve declare their calling not to be Iure divino I make no doubt but there are some Intelligencers or Abbertors vvithin the hearing vvhom I vvould have vvell knovv and take notice of vvhat I novv say I here in this place make this offer to them That if I may be admitted a faire dispute on faire termes for my cause that I vvill maintaine and doe here make the challenge against all the Prelates in the Kings Dominions and against all the Prelates in Christendome let them take in the Pope and all to help them that their calling is not Iure Divino I will speake it againe I make the challenge against all the Prelates in the Kings Dominions and all Christendome to maintaine that their calling is not Iure Divino If I make it not good let mee bee hanged up at the Hall-Gate Where upon the people gave a great shout The next thing that I am to speake of is this The Prelates find themselves exceedingly agrieved and vext against vvhat I have vvritten in point of Lavv concerning their Writs and Proces That the sending forth of Writs and Proces in their ovvne name is against all Lavv and Iustice and doth entrench on his Majesties Prerogative Royall and the Subjects Liberties And here novv I make a second challenge against al the Lavvyers in the Kingdom in way of fayre Dispute That I vvill maintaine the Prelates sending forth of Writs and Proces in their ovvne names to be against all Lavv and Iustice and entrencheth on his Majesties prerogative Royall and subjects Liberty Lest it should bee forgotten I speake it again I here challenge all the vvhole Society of the Lavv upon a fayre dispute to maintaine that the sending forth of Writs and Proces in the Prelates ovvne names to be against all Lavv and Iustice and entrencheth on the Kings Prerogative Royall the Subjects Liberty If I bee not able to make it good let mee bee put to the tormentingest death they can devise Wee praise the Lord vvee feare none but God and the King Had vvee respected our Liberties vvee had not stood here at this time it vvas for the generall good and Liberties of you all that vve have now thus farre engaged our ovvn Liberties in his cause For did you know how deeply they have entrenched on your Liberties in point of Popery If you knew but into what times you are cast it would make you looke about you and if you did but see what changes and revolutions of persons causes and actions have beene made by one man you would more narrowly looke into your priviledges and see how farre your Liberty did lawfully extend and so maintaine it This is the second time that I have beene brought to this place who hath beene the Author of it I thinke you all well know For the first time if I could have had leave given me I could easily have cleered my selfe of that vvhich was then laid to my charge As also I could have done now if I might have been permitted to speake That booke for vvhich I suffered formerly especially for some particular vvords therin vvritten vvhich I quoted out of Gods vvord and ancient Fathers for vvhich notvvithstanding they passed Censure on me that same booke vvas tvvice licensed by publicke Authority and the same vvords I then suffered for they are againe made use of and applied in the same sence by Heylin in his booke lately printed and dedicated to the King and no exceptions taken against them but are very vvell taken Dr. Bastwicke Aye said D. Bastvvicke and there is another Booke of his licensed vvherein he rayles against us three at his pleasure and against the Martyrs that suffered in Queen Maries dayes calling them Schismaticall Hereticks and there is another Booke of Pocklingtons licensed they bee as full of lyes as dog bee full of fleas but vvere the presses as open to us as they are to them vvee vvould pay them and their great Master that upholds them and charge them vvith notorious Blasphemy M. Pryn. Said Mr. Prynne You all at this present see there be no degrees of men exempted from suffering Here is a Reverend Divine for the soule a Phisition for the Body and a Lawyer for the Estate I had thought they vvould have let alone their ovvne Society and not have meddled vvith any of them And the next for ought I knovv may bee a Bishop You see they spare none of vvhat society or calling soever none are exemted that crosse their ovvne ends Gentlemen looke to your selves If all the Martyrs that suffered in Queen Maries dayes are accounted and called Schismaticall hereticks and Factious Fellowes What shall vve looke for Yet so they are called in a Booke lately come forth under Authority And such Factious Fellovves are vvee for discovering a Plot of Popery Alas poore England vvhat vvill become of thee if thou looke not the sooner into thine ovvne Priviledges and maintainest not thine ovvne lavvfull Liberty Christian people I beseech you all stand firme and bee zealous for the cause of God and his true Religion to the shedding of your dearest blood othervvise you vvill bring your selves and all your posterities into perpetuall bondage and slavery Novv the Executioner being come to seare him and cut of his eares M. Prynne spake these vvords to him Come friend Come burne mee cu● mee I feare not I have learn'd to feare the fire of hell and not what man can doe unto mee Come seare mee seare mee I shall beare in my body the markes of the Lord Iesus Which the bloody Executioner performed vvith Extraordinary Cruelty Heating his Iron tvvice to Burne One Cheeke And cut one of his eares so close that hee cut off a piece of his Cheeke At vvhich exquisit torture Hee never mooved vvith his body or so much as changed his Countenance but still lookt up as vvell as he could tovvards Heaven vvith a smiling countenance even to the astonishment of all the beholders And uttering assoone as the Executioner had done this Heavenly sentence The more I am beaten downe the more am I lift up
decreed that D. Bastvvicke should loose his eares O my Noble Lords is this righteous judgement I may say as the Apostle once said What whipp a Roman I have beene a Souldier able to lead an Army into the field to fight valiantly for the honour of their Prince Now I am a Physitian able to cure Nobles Kings Princes and Emperors And to curtolize a Romans eares like a Curre O my honourable Lords is it not too base an act for so noble an assembly and for so righteous and honourable a cause The cause my Lords is great it concernes the glory of God the honour of our King whose Prerogative we labour to maintaine and to set up in a high manner in which your Honours Liberties are engag'd And doth not such a cause deserve your Lordships consideration before you proceed to Censure Your Honours may be pleased to consider that in the last cause heard and censured in this Court between St. Iames Bagge the Lord Moone wherein your Lordships tooke a great deale of paines with a great deale of patience to heare the Bills on both sides with all the Answers Depositions largely laid open before you which cause when you had fully heard some of your Honours now sitting in Court said You could not in conscience proceed to Censure till you had taken some time to recollect your selves If in a cause of that nature you could spend so much time and afterwards recollect your selves before you would passe Censure How much more should it moove your Honours to take some time in a cause wherein the glory of God the Prerogative of his Majestie your Honours dignity and the Subjects Liberty is so largely ingaged My good Lords it may fall out to be any of your Lordships cases to stand as Delinquents at this Barre as we now doe It is not unknowne to your Honours the next cause that is to succeed ours is touching a person that sometimes hath beene in greatest power in this Court And if the mutations and revolutions of persons and times be such then I doe most humbly beseech your Honours to looke on us as it may befall your selves But if all this will not prevaile with your Honours to peruse my Bookes and heare my Answer read which here I tender upon the word and oath of a Souldier a Gentleman a Scholler and a Physitian I will cloath them as I said before in Roman Buffe and disperse them throughout the Christian world that future generations may see the innocency of this cause and your Honours unjust proceedings in it all which I will doe though it cost me my life L. Keeper Mr. D. I thought you would be angrie Dr. Bast No my Lord you are mis-taken I am not angrie nor passionate all that I doe presse is that you would be pleased to peruse my Answer D. Keeper Well hold your peace Mr. Burton what say you Mr. Burton My goods Lords your Honours it should seeme doe determine to Censure us and take our cause pro confesso although we have laboured to give your Honours satisfaction in all things My Lords what you have to say against my Booke I confesse I did write it yet did I not any thing out of intent of Commotion or Sedition I delivered nothing but what my Text led me too being chosen to suite with the day namely the fifth of November the word were these c. L. Keeper M. Burton I pray stand not naming Texts of Scripture now we doe not send for you to preach but to answer to those things that are objected against you M. Burt. My Lord I have drawne up my Answer to my great paines and charges which Answer was signed with my Counsels hands and received into the Court according to the rule and Order thereof And I did not thinke to have beene called this day to a Censure but have had a legall proceeding by way of Bill and Answer L. Keeper Your Answer was impertinent M. Burt. My Answer after it was entred into the Court was referred to the Judges but by what meanes I doe not know whither it be impertinent and what cause your Lordships had to cast it out I knovv not But after it was approved of and received it was cast out as an impertinent Answer L. Finch The Iudges did you a good turne to make it impertinent for it was as Libellous as your Booke so that your Answer deserved a Censure alone L. Keeper What say you Mr. Button are you guilty or not M. Burton My Lord I desire you not onely to peruse my Booke here and there but every passage of it L. Keeper Mr. Burton time is short are you guilty or not guilty What say you to that which was read Doth it become a Minister to deliver himselfe in such a rayling and scandalous way M. Burton In my judgement and as I can proove it it was neither rayling not scandalous I conceive that a Minister hath a larger liberty then alwayes to goe in a milde straine being the Pastor of my people whom I had in charge and was to instruct I supposed it was my duety to informe them of those innovations that are crept into the Church as likewise of the danger and ill consequence of them As for my answer yee blotted out what yee would and then the rest which made best for your owne ends you would have to stand And now for your owne turnes and renounce the rest were to desert my cause which before I will doe or desert my conscience I will rather desert my body and deliver it up to your Lordships to doe with it what you will L. Keeper This is a ●lace where you should crave mercy and favour Mr. Burton and not stand upon such termes as you doe M. Burt. There wherein I have offended through humane frailty I crave of God Man pardon And I pray God that in your Sentence you may so Censure us that you may not sinne against the Lord. Thus the prisoners desiring to speake a little more for themselves were commaunded to silence And so the Lord proceeded to Censure The Lord Cottingtons Censure I Condemne these three men to loose their eares in the Pallaceyard at Westminster To be fined five thousands pounds a man to his Majestie And to perpetuall prisonment in three remote places of the Kingdome namely the Castles of Carnaruan Cornwall and Lancaster The Lord Finch added to this Censure MR. Prynne to be stigmatized in the Cheekes with two Letters S L for a Seditious Libeller To which all the Lord agreed And so the Lord Keeper concluded the Censure THE Execution of the Lords Censure in Starre-Chamber upon D. Bastwijcke M. Prynne and M. Burton in the Pallace-yard at Westminster the 30th day of Iune last 1637. at the spectation whereof the number of people was so great the place being very large that it caused admiration in all that beheld them who came with tender affections to behold those three renowned Souldiers and