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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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the S●eriffs and Justices only are to su●presse all force and sumults if there be any need by the Posse Comitatus in which cases Souldiers are only to assist them as auxil ari●s not as sole as princible Officers or Executioners as in and by your Warrants they are now usually made against Law and the practices of all former ages Which late illegall Vsage of imploying Souldiers in this kind to arest mens Persons break up and search their Houses reputed High Treason and a levying of Warr against the King and his People in Straffords case the very last Parliament as it hath allready occasioned many Barbarous Murders dangerous Burglares and Roberies in sundry places and in the very heart of of London it self by Souldiers and others pretending Warrants from your New Council of State or others in present power to apprehend Delinquents or search for Armes Papers c. so it is like to produce many more sad Tragedies and outrages of this kind to the endangering of all mens Persons lives estates thus prostituted to the violence rapine of every Rogue Thief Villain who shall but counterfeit himself a Souldier and pretend your Warrant for search of any mans house study or apprehension of any mans Person he hath a design to rob or murther Which common mischief can be no otherwise prevented but by directing all warrants only to known Officers according to Law ● publick Declaration to all the Kingdom that no Souldiers or others under Pain of death shall dare presume to execute or counterfeit any such Warrants for the future it being no part of their calling or imployment and a great oppression and terror to the People contrary to the expresse clause of the Commissions of the Peace and of Oyer and Terminer against such who ride armed in companies to the Terrror of the Kings people who cannot easily distinguish who are Souldiers really imployed and who are Counterfeits and have sometimes been affrighted not only to sicknesse and great distempers of spirit but even to death it self by the sudden violent Attachments and searches of Souldiers of whose rudeness and incivility in their executions others have much complained though those who seised me were as respective towards me as your warrant would permit transgressing only in the unseasonablenesse of the time and illegalities you injoyned them 2. Your warrant is directly contrary to Law and the Subjects Liberty in that it commits me Prisoner yea close Prisoner ●efore without the least Accusation conviction of any particular Crime any hearing ●xamining● what I can say for my self and so a meer forejudging of me going to ●xecution before the fact examined contrary to all forms of Legal proceedings in all criminal causes whatsoever where the accused Persons for any Trespasse Felony or Treason are first sent for examined in the presence of their Accusers before they be committed Contrary to the very proceedings of the most exorbitant High Commisioners who at first only summoned not attached me for my Perpetuity after that for my Cosens cozening Devotions to appear answer the same before them Contrary to the proceeding of the Lords atthe Councill Table it self for my Histriomast ix suggested to be Seditious and Scandalous in the Superlative degree to the King Queen Court Councill Kingdome Government who yet thereupon only summoned me by a single sworn Messenger to appear in the Inner Star-chamber before them to answer such things as should be there objected against me for that Book but never once seized or Committed my Person untill after they had examined and heard me concerning i● such was their Iustice and moderation towards me in their first Processe whereas you now commit me close Prisoner at a great distance before yea without any Summons hearing or examination I know not for what pretended writings So much do you now out-strip them in violence injustice Whereas if you had ought against me you might have summoned me to appear before you whiles I was in London the last Term in commons or since that residing openly constantly at my country House without absenting my self or being ever yet a fugitive and examined me as they did before you thus rashly committed me hand over head in such a notorious way of violence in the face of all the County and Kingdome who cannot but conclude you are more Tyrannically exorbitant herein than ever the King or Prelates were against me and have hereby most notoriously infringed Magna Charta c. 29. the Statutes of 25. E. 1. c. 1. 2. 28. E. 1. c. 1. 5. E. 3. c. 4. 37. and 42. E. 3. With other Acts collected by Rastall in his Abridgment tittle accusation the Petition of Right the Resolation of the three last Parliaments and all our Law-books which directly enact adjudge and declare That no Freeman ought to be attached or imprisoned upon any Accusation or suggestion made to the King or his Councell much less then unto you unlesse it be by Inditement impeachment of his good and lawfull Neighbours or by Processe made by a writ originall at the common Law And if any thing be d●ne against the same it shall be reversed and holden for none Which Laws you have sworn professed covenanted to observe and are bound to do it as a Lawyer much more as a Christian it being the very Law of the Pagan Romans Acts. 25. 16. and of the very Jews themselves Iohn 7. 44 c. whose Officer● refuse to apprehend our saviours Person upon the High Priests warrant because never man spake as he did and their Law judged not any man to be apprehended much lesse imprisoned before it heard him and knew what he doth Wherefore you cannot but recal● and condemn this Warrant and its execution as most repugnant to these Statutes and the very Law of Nature of Nations and Gods own Proceedings with the worst of men 3. Every Warrant of Attachment Sr. Edward Cook proves at large in his 2 Institutes On Magna Charta c. 29. ought to be to summon or bring the parties to be examined before they be committed and every Mittimus after examination ought to expresse the cause justly and time for which they are to be imprisoned as during pleasure or till further order or till they shall put in bayl or be delivered by Law as likewise the manner how they shall be tryed for what they are accused and not be absolute as a Iudgement or sentence after hearing But your Warrant is a meer Iudgement before hearing or examination without any such causes committing me close Prisoner without any limitation of time and so for ought I know during life or ever intending to bring me to any legall examination or Tryall Therefore altogether illegall in this respect 4. The Statutes of 5. E. 3 c 8. 23. H. 8. c. 2 and 5. H. 4. cap. 10. enact That the Prisons to which evill doors shall be committed for their evil offences shall be in the most eminent
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