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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-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
who professed himself a Lawyer or ware a Gown upon his back durst affirme 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 Lords the ancientest honorablest chiefest of branch our English Parliaments Wherein the judiciall 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 endevouring to settle the Peace of the Kingdome after eight years bloudy wars and to subvert all future reall English Parliaments contrary to their trusts and duties the very expresse 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 reall Parliament and they actuall Members of it contrary to the Desires Petitions of those who intrusted them yea contrary to the principles of the Protestant Religion the Priviledges Rights of Parliaments the fundamentall Lawes of the Land which they professed covenanted ingaged 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 over-awing guards and force of the Army demanding of him in an earnest manner by what Parliamentary or Legall Records Histories law-Law-books resolutions of our Judges or Courts of Justice he could prove that unparliamentary Juncto to be a lawfull 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 replyed he must needs confesse that all Records Histories and Law books were clear against him that they were no legall Parliament but yet yet in this case of extremity wherein we then were It was lawfull for the minor part of the Commons Houses to seclude the King and house of Lords with the major part of their fellow-commoners when they would have endangered the ship of the Common-wealth to preserve it from drowning as I my self granted in one of my Books that the Mariners might secure the master of the Sip and thrust him from the sterne in case he would wilfully split it against a Rock or Quick-sands to preserve the ship and themselves from perishing to which I rejoyned that the similitude suited not with the case in question For the secluded majority of the Commons and Lords house according to their trusts duties at the earnest desires of the generality of our three Kingdomes endevoured to preserve and secure the ship of the Common-wealths of England Scotland and Ireland and bring it into a safe harbour by a happy close with the late King upon far more honourable 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 laboured to their power to prevent those bloudy intestine wars between our Protestant Realms and Allies and that prodigall expences 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 in stead of saving have quite wracked the ship both of our true ancient Parliaments and Republicks and of their new infant Common wealth too and left us in a more desperate distracted unsetled condition then they then found us which he con●essed to be true Therefore he could no wayes justifie this their violence much lesse infer from thence that they were an undoubted true English Parliam●nt for by like reason he might make the Army or Generall Councell 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 joyned with us in our really endevoured and neer accomplished settlement upon the Kings confessions which now they despair of more then ever to enjoy under any New Government To the second I replyed 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 Souldiers to break open ransack our houses studies seize our writings records deny us liberty of Gods O●dinances or free commerce with others by conference or Letters which the whole Parliament and themselves so lately condemned sentenced and publickly voted declared against as repugnant to the great Charter Lawes Liberties properties of the Nation in my own and others cases and made new acts against And if any such exorbitant tyrannicall 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 subjoyned That the many desperate plots and conspiracies against the true reall Common-wealth of England were on his and his associates part who subverted our old Fundamentall 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 Lords and Commons who detested opposed all their apparent late plots a●d conspiracies against them and that now by Gods retaliating Justice they poor infant Commonwealth founded in Treachery Perjury Violence Injustice Bloud 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 Logick and worse Law and Policy because there were many plots and conspiracies against their new infant Republick by others Ergo he and his Whitehal associates might close-imprison me after all my sufferings and services for the publick and all else they pleased in remotest Castles without cause or hearing though guilty of no reall crime plot or conspiracy which strange exorbitancy in my judgment was our principal cause of their new Commonwealths and Whitehall Councels suddenunexpected downfals However I being a Member of Parliament
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●els 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 Martyrdomes and unmercenary eminent Services for Religion Laws Liberties and his Country instead of receiving the least voted satisfaction for them as that by colour 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 publike Officers of Justice as by our Laws they ought to be but to unknown unusual unsworn obscure ignorant Souldiers unable to judge of scandalous or seditious Writings Letters Papers Books Records and never raised nor paid by the Nation for such unlawfull empIoyments subverting all the foresaid Laws and Subjects common Liberties for whose real f Defence they were first waged by the Parliament as violently to force and ransack Mens 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 Iune during his absence thence by a party of Souldiers 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 Lords 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 carryed 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 your selves by their Gardians own hands or read any Books but what they first perused and approved who were there his supreme Governours being two late beardlesse 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 Souldiers who for the most part seldom resorted to any Ordinances in publike reviled our Ministers Sacraments some of them openly asserting by word and writing the mortality of mens soules as being nought else but flesh and dying with their bodies with other erroneous Arminian and Iesuitical Te●e●ts who most unchristianly debarred him and his Servant from all Gods publike Ordinances notwithstanding many fruitlesse complaints unto you for redresse 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 meerly 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 accesse 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 Lords 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 justifie these Antecedent injurious Proceedings and himself for the same end was there sent for to be examined ex Officio by Collonel Pyne his greatest causelesse 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 Iohn Pyne his Examiner Besides his Servant there attending him was sollicited by some of your Agents not only to desert his Service but also to betray his Secrets and him Souldiers 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 Gardians 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
hath a being since the Kings beheading the Lords suppression and most Common●●eclusion as you hold it hath an high infring●●nt of the Priviledges 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 meer Right not any grace or favour demand and expect from your self and your Ass●ciates of the long Robe my quondam speciall Friends who know all the premises to be Law and this Warrant most illegall a present revocation and condemnation ●hereof as such and my present absolute inlargement 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 amisse 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 withall 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 Iustice or honor deny me But if this will not be granted as this my unjust restraint may then prove as prejudiciall to you as my former Imprisonments did to the Canterbury the Pr●lates and Star-chamber and will cry as lowd 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 spirituall food or free accesse unto it when there are any sermons in the Town where there is yet no setled Minister but a Lecture at some times and days A Libert● enjoyed during my former Imprisonments 2. That you will allow and take care for my dyet during my close restraint if you will needs keep me up a close Prisoner my estate being exhausted by my former suffrings the losse of my calling publick Taxes Free quarter and scarce able to support my family at home now left like sheep without a shepheard 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 expence 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. Prynnes second Letter to Mr. Bradshaw SIR I Informed you by my Letter the 5 of this instant Iuly 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 Lords 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 your self condemned to have his head severed from his shoulders for a Tyrant demanding thereupon of meer 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 it self Nulli negabimus nulli differemus justitiam aut rectum and hearing that by a like illegal Warrant under your hand made to Souldiers not sworn Officers they have broken open my Study seised all my writings Trunkes at Lincolns Inn carryed them to White-Hall contrary to the Law of the Land and Liberty and property of the Subject I am thereupon necessitated for the Defence of mine own and the Nations Liberties for which I have so deeply suffered in Defence 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 colour 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 colour 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 Iohn Wragge hath offended in searching and faising th● Books and Papers of Mr. Henry Burton
by colour 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 Iohn 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 Majesties 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 lawfull 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 lesse than to break open search and take them quite away by armed Souldiers 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 lawfull for such Member or any Person to assist him and to stand upon his or their guard of Defence 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 colour of his Majesties Warrant have been sealed up not broken up searched and carryed 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 doe 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 colour 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 publike 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 publike Enemy of the Commonwealth And we doe 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 Majesties own hand to apprehend the said Members Whereupon those who sealed up these Members Studies and Truncks were committed Prisoners and threatned 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 Councel 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 Souldiers 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 unlesse 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 Gods publike Ordinances above this fortnight by colour 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 deteined 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 Gods Ordinances in Gods 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 publike Ordinances The Scripture defines the Devil himself to be the Original Author of such Imprisonments Restraints of Gods
bountifully you reward your best deserving friends for all their losses and Services for the publick 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 losse 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 losse 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 publike Defence 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 faithfull painfull services since my enlargement in maintenance of the Kingdoms Parliaments just Rights Privileges Liberties against all opposers and other publike employments for the Common good with the almost total neglect and losse of my Practice and expence 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 Republick 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 in stead of repairing them received this great accumulation to them by colour of your illegal Warrants under Mr. Bra●sbaws hand who lately professed your selves my Friends and lamented my former injurious sufferings though senceless 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 Souldiers 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 Armes not by any known sworn lawfull Officers but a strong Party of unknown Troops in my own house and Bedchamber about eleven of the clock at night on the Lords day the 30 of June last who carryed 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 Souldiers as Peter was under persecuting Herod above 3 moneths 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 accesse to Gods publike Ordinances on Lords-days or Lecture dayes nor to stir out of the Castle where are no provisions at all to be had for any thing I want nor to speak with any Person but in the Governours 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 unparalleld Injustic● and Tyranny answering all Pretences of necessity and publick Danger to justifie 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 Iudgement of the Lords 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 Souldiers accused me of a particular bock upon which they examin●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 accesse to Gods publick Ordinances free conference in publick 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 Traytors 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 Publick 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 addresse 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 publick 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 inforced 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 publike 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 Faithfull Friends
faithfull Services for the publique according to former publique 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. Iohn Bradshaw Serjeant at Law and the rest of his Assessors at Whitehall present these Dunster Castle Octob. 30. 1650. TO Mr. IOHN BRADSHAW AND HIS ASSOCIATES AT WHITEHALL Stiling themselves the The Councel of State his Imprisoners The Remonstrance of several Grievances and Demands of Common Right by William Prynne Esq their 2 years and 3 moneths Close Prisoner under Souldiers in the remote Castles of Dunster Taunton and Pendennys in Cornwall before any Legal Accusation Examination Indictment Tryal Conviction or Objection of any particular Crime after above 8 years former Imprisonments and unrecompensed great sufferings Losses for the Publike and Religion under their White-hall Predecessors and all his Faithfull Unmercenary Services for the Publike Laws Rights Privileges of the English Nation Shewing 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 meerly for writing in Defence 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 Publike without the least Recompence Reward or Self advantage our of a sincere Publike 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 endeavoured to keep a good Conscience always in all things void of offence 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 any thing but what his own deliberate Judgement 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 Judgements 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 lye 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 Superiour Powers and beloved Native Country whose truest greatest weal Peace Settlement he hath ever studied advanced to his utmost power by all Christian honourable just and righteous means though incountred therein with many Discouragements and ingrate requitals from most sorts of men That although by the expresse 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 Souldiers 17. Caroli with sundry other Statutes the printed Decl●rations Remonstrances Iudgements Votes of all our late Parliaments and the known Rules of Common Iustice 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 goe out of his own Country against his will or imprisoned in any private or forein Castles but only in Common usual Prisons under sworn Gaeolers without debarring free Accesse 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 lawfull 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 Councel Table Star Chamber High Commission Lords 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 honourable 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 honourable Gardian near his then residence and friends who with all others had free accesse to and conference with him both in publike 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 imployed only Mr. Noy then the Kings Attorney and two Clerks of the Councel Responsible Persons of eminency learning judge ment able to judge of Books and writings fit for leisure not rude illiterate Souldiers 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 Iustice 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
Common Liberty of every Subject which they might resist with force but those to be publike Enemies to the State who attempted them Whereunto his Gardians replyed 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 offence if enjoyned by you so to doe so well were they versed in the Jesuites Doctrine and Practise 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 redresse But was to Mr. Lutterils and the Countries great charge and oppressing kept there still clōse Prisoner in Mr. Lutterils domestick Castle Lodgings with 20 Souldiers 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 Collonel 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 Iune 1651. by a Warrant from Colonel Desbrow without any from you to increase his expences 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 Collonel nor subject to his Military Power by any Law he knew whither being brought close Prisoner he was for want of Bedding which the Governour could neither borrow nor hire in the Town so much did they detest his causelesse close imprisonment there mued up close Prisoner in an Inn over against the Castle even when some Collonels formerly in armes for the King were there set free with two Souldiers to guard him who had so much good manners as not to permit Captain Georges though then a Collonel of the County Militia Horse to see or speak with him in their presence unlesse he would first seek out his Governour at the Castle and gain his license two others of them having the like rudenesse 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 blesse you Sir without the Governours previou● licence and the other recited only a consolatory Latin verse to him out of Virgil whereupon they saucily told him he ought to speake no word or language but what they understood should answer it to you if he did And whereas he desired the Governour at Taunton being very near the Church to permit him to goe to the publick 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 Gods publike 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 publike and private prayers of this Congregation whereto he is now denyed accesse for restitution to Gods Ordinances and his just Christian and Civil Liberty after full ten yeans imprisonments and sufferings for Defence of our Religion and the Laws and Liberties of this Kingdome and Nation which Note he inclosed in a Letter to his Governour proving it to be a chief part of Christian Liberty and a Gospel Duty for him to desire and them to make their publick 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 Governour was so surprized that to prevent the infamy of stopping this Note or reading it publikely 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 Armes against the Parliament there lodged in Innes 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 your selves in Parliament against it in his own aud his former fellow sufferers Cases to his Condnctors mounted against his will upon a Troopers Horse without his Servant cloaths or Linnen by a party of Captain Warringtons Troop and by them carryed 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 forc'd 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 Iuly 1651. brought close Prisoner to Pendennis Castle near the extremest parts of Cornwall 50 miles further than the Star-chamber Lords 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 Inne out of all common roads where his kinred 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 Physick Physicians or other conveniences in case of sicknesse 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
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 expresse 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 your selves in his owne and Mr. Burtons late cases the judgements of all our Judges law-Law-books and Sir Edward Cokes Institutes on Magna Charta Ch. 29. Printed by the Commons House speciall Order and the Statute of 42 E. 3. c. 12. declaring all such generall 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 legall Examination Conviction of or Processe or Indictment against him as by these Statutes Laws Law-books Resolves it ought to be 5. Because it enjoynes or rather desires him to be kept Prisoner in Pendennis C●stle not upon it or any lawfull Warrant specially directed unto the Governour 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 generall and void in Law because it containeth no particular offence at all for which he was there imprisoned and if good in Law yet directed personally to Major Robinson alone then Governour of Dunster Castle and none other not to Colonel Disbrow or Captain Shrubsoll or any Governour 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 Countrey And your first Warrant being in Law quite nulled expired by your demolishing Dunster Castle and removing the Governour 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 illegall 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 illegall 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 policie and Statesmen to● issue out such a Warrant and imprison any intelligent Lawyer or English freeman in three remote Castles under severall Governours by colour of one meer void illegall 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 forain County in the extreamest Western part of the Island not properly belonging to the restraining jurisdiction of any Legall Court Councell or Power by any known Law where he can neither-be legally tryed nor proceeded against for any reall or pretended crime only acted in other Countries nor this for which he is thus restrained contrary to expresse 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 Lords in his own and fellow-sufferers cases sent first close Prisoners by the Star-chambers sentence and after by the old Councell Tables orders to such forain Castles Prisons against these acts and the subjects Liberty for which ill president now pursued and exceeded by you both Houses and most of your selves voted the Starchamber Lords 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 lesse 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 removeall 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 Warre or Souldier 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 speciall or legall derivation of any such power from yourselves who in truth have no more lawfull power for it then he who had none at all Therefore it can in no Court of Law or Justice be any legall 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 forain 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 it self 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 sicknesse or health whe reof it is wholly destitute as Taunton doth and being a meer private Castle only in a forain 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 Souldiers by the expresse 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 Governour or any other Officer
for the future act any thing to the prejudice of the Common-wealth and the present Government thereof The Councell have thought fit that the taking of his Bond should be left to your care and do therefore desire you to see the same entred into by the said Mr. Prynne according to usuall forme and the condition above mentioned which Bond when the said Mr. Prynne hath entred into accordingly as is hereby directed you are to return the Bond to the Councell and to set Mr. William Prynne at Liberty Whitehall Feb. 2. 1652. JOHN BRADSHAW President To the Governour of Pendennis Castle These Signed in the name and by Order of the Councell of State appointed by authority of Parliament Exam. John Thurlo Clerk of the Councell Upon reading of this Order and Warrant brought me by the Deputy Governour I peremptorily resused to enter into any Bond at all upon any termes 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 Councell for his Commitment of which you are not to fail and for which this shall be your Warrant Given at the Councell of State at Whitehall this 18. day of February 1652. To the Governour or Commander of the Castle of Pendennis JOHN BRADSHAW President Signed in the name and by Order of the Councell of State appointed by authority of Parliament Exam. Jo. Thurlo Cler. Concil Upon my repair to London in November last I writ and sent this ensuing Letter to Mr. Bradshaw SIR UNderstanding you are now returned to Westminster I thought meet to minde you that by sundry illegall Warrants under your hand during your cashiered Whitehall superlative power my study in Lincolnes Inne and house study at Swainswick were searched my Records Writings Papers taken away my person forcibly seized by and close Imprisoned in three severall remote Castles under Souldiers for two years and eight months space my Prison-chamber and very Pockets ransacked my notes tables to the Books I read in prison violently taken from me all persons prohibit●d to speak with me but in the presence and hearing of my Gardians all Letters to or from me inte●cepted pe●used the liberty of sending Letters to demand my freedome debarred accesse to Gods tublick Ordinances denyed me my Laundresse Brother in Law Servant with some others imprisoned and examined extrajudicially against me and that before without the least legall accusation hearing tryall or any particular crime or cause objected against or hitherto signified unto me contrary to all rules of Law Justice the great Charters of England the Pe●ition of Right and the Votes of both Houses of Parliament in my very case as you well know and I then informed you at large by severall Letters to the prejudice of my health decay of my estate and extraordinary dammage after all my former unrecompensed great losses and martyrdomes for our Religion Laws Liberties under the beheaded King Prelates and old exorbitant Councell table The true cause of whose Tyrannicall proceedings against me being yet unknown even to such of your late Whitehall associates as I have hitherto met with who are ashamed of these Barbarismes and remit me wholly to your self for the true reason of them of which they professe themselves ignorant I thereupon held it necessary and just now at last to demand from you by writing the true reall cause of these irregular restraints and proceedings against me together with full damages for the same in private before I demand them in such a publick manner if necessitated thereunto as may expose you to greater obloquy and infamy then ever beheaded Canterbury sustayned for his ●xorbitances against me For my own part I was never of a revengefull spirit yet I cannot be so stupid as to put up these transcendent iujuries and illegall oppressions I sustained under you because I underwent them not as a private person but as A MEMBER OF PARLIAMENT and that in and for the publick cause of the whole English Nation I then supported whereupon I must no● passe them by in silence without publick satisfaction even for the present and future benefit of the Nation and vindication of the liberties and p●iviledges of Parliament according to the Tenor o● the Covenant lest by my sil●nce they should prove dangerous presidents to prejudice posterity I b●ing then a Member of Parliament i● the former Parliament continued in being as you affirmed it did in your very Warrants for my restraints Wherefore seeing we are once more become fellow commoners again I do hereby in justice require and expect from you an undelay●d ●ccount both of the grounds of my forementioned illegall unchristian injuries and restraints with full reparations for the same as I did from Canterbury and my quondam Lordly Whitehall unjust censurers which I presume you will not disdain to render to him who through Gods mercy maugre all mens Tyranny still continues to be what you ever found him Your long oppressed yet still unconquered Tyranno-mastix William Prynne From my Chamber at Lincolnes Inne 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 UPon my return late last night to my Chamber I found your answer to my former lines under my door which by reason of company I had no time to peruse till now wherein as I finde not the least satisfaction touching the particular grounds of these illegall proceedings against me I informed you of justifiable as you well know by no Lawes of God or Man so your hand alone being to the Warrants prescribing and occasioning them contrary to the presidents in former times and all my commitments by the old Whitehall councell to which all my committers subscribed their hands or had their names superscribed by the Cle●k of the Councell as you may see in my New discovery of the Prelates Tyranny I could resort to none but your selfe both for satisfaction and reparation being wholly ignorant who else concurred with you therein For any pretended mercy shewed to me by you or others of your associates in my restraints under you I must yet account them such mercies only as Solomon defines them Prov. 12. 10. and you such friends alone as Job and David complain of Job 19. 13 14 19 to 24. 6. 14 15. Psal 41. 9. 55. 13 c. As for the surmised benefit you did me at last by your casting voice