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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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my self with many of the sincerest Eminentest members of the Commons House whom they then most honored for their Piety Ability Fidelity to the publique Interest impeach condemne behead their Lawfull Protestant King disinherit his Posterity Sec●ude th● greatest part of their fellow Commoners vote downe the whole house of Lords create 50. or 60. of themselves A Parliament of England without King Lords or their secluded Associates Arraignes execute the King Nobles Peers Knights and other English Freemen in a New misintituled High Court of Justice created by themselves alone without any Lawfull Triall by their Peers alter the ancient Hereditary Monarchicall Government of our three Kingdomes into a pretended Free State Common Wealth and other New-modles erect New formes of Parliaments s●als Coynes Writs Courts Legall Procedings create New Treasons diametrically contrary to old ones Suppresse the Presbyterian Government and party for which they were then so Zealous cut off the head of a Presbyterian Eminent Minister of their owne party imprison sequester divers other godly Ministers whom they then most countenanced preferred Suspent all Penall Lawes against Heretickes S●hismatickes Blasphemers Priests Jesuites Sell all the ancient Church Revenues formerly devoted by their Ancesters and voted by themselves for the better maintenance of the Ministry and propagation of the gospel With the ancient Crowne Revenues which should defray the Ordinary expences of the government Repeal the Oathes of Supremacy and Allegiance which themselves had taken as Members together with the Solemne Protestation Vow League Covenant made and prescribed by themselves under strict penalties and set up a New Engagement point blank against them by which they were all abjured under such disabilities forf●itures paines as they inflicted on such who out of conscience and detestation of Perjury could not submit thereto impose strange illegall oppressing uncessant oft-condemned Excises Imposts Tonnage Poundage Monthly Contributions Shipmony Arrayes Militiaes and publique Charges on the whole Nation without grant or consent in any free or Lawfull English Parliament as no former times can parallel and themselves so frequently voted declared and passed particular Acts and Judgements against at the beginning of the Parliament together with forcible Presses of Souldiers Mariners Seamen from time to time against sundry New Acts and Declarations to which themselves were parties and that only to keep up a constant standing Army in the three Kingdomes to enforce these Illegall Taxes from them and keep them under perpetuall Bondage to their arbitrary new illegall selfe created Powers That they should hostily invade their nearest dearest Protestant Christian brethren of Scotland with an Army against the Act of Oblivion Solemne League Covenant and all their late Obligations to them for their Brotherly assistance assault beseige pillage all their Cities Castles strong Holds and burne some of them with ●●re slay many thousands of their bravest Soldiers who assisted them and ●heir stoutest young men with the sword yea hack wound maime thousands more of them in a barbarous manner with a rage reaching up to heaven slay some persecute imprison others of their eminentest Protestant Ministers Nobles Gentry in remotest Castles sell many of them for Bondslaves to remote Plantations forrage Wast de●troy much of their Country with fire and sword kill many of them with famine keep all their whole Nation like Bondslaves under constant Garrisons and Tributes subvert their old Civill and Ecclesiasticall Laws Parliaments Government imposing New upon them by the sword and be so far from repenting or being greived humbled for these unchristian Cruelties towards them upon no other knowne accompt but their Loyalty to their lawfull King and conscientious adhering to their former Government Lawfull Oathes Covenants that though some of them appointed General day of humiliation throughout the land by an Ordinance of the 15. Febr. 1642. For the cruel and crying Sin of bloud shed especially of the Protestants in Queen Maries time and before amounting but to some hundreds yet they should after prescribe days of publikethanksgiving for the bloudy slaughters of many thousands of their godly Protestant Brethren victories over them hang up all their Captivated Ensignes in triumph in Westminster Hall for a perpetual testimony of this their unprotestant unbrotherly carriage towards them contrary to the Practise of all godly people in former ages and many Gosple Precepts That after this they should picke a quarrell with our old Protestant Friends and Confederates of the united Provinces by putting New restraints upon their Trading beyond all former presidents seising their Ships Merchandize as consiscate and then ingage them in a most bloudy warre and fights against them by Sea to the destruction of many thousand Merchants Mariners and their Families the impoverishing of both Nations the great decay obstruction of Trade and grand advantage rejoycing of our Spanish and other Popish Enemies That they should pull down the Kings Armes by speciall Order out of all Churches Courts and other publique places yet set up the bloudy Crosse as the only Coat of England for the future as it hath since been and is still like to be in its place though they formerly pulled downe demolished all Crosses in such places by special Orders as Superstitious and still permit the Kings Armes and Images too upon his coyn where they yet passe currant That whereas Christ himself in his Gospel commands all Christians not only to make Prayers Supplications and Intercessions for all men in general and for KINGS and their very enemies in particular but also not to hate but love their Enemies to do good to them that hate them and pray for those who dispitefully use and persecute them That they may be the Children of their father which is in heaven For he maketh his Sun to rise upon the evill and the good and sendeth raine both on the just and the unjust Backing it with this reason For if you love them that love you what reward have you do not even the Publicans the same Be you therefore perfect as your heavenly Father is perfect Therefore if thine Enemy hunger feed him if he thurst give him drink Be not overcome with evill but overcome evill with goodnesse In pursuance of which Precepts our King William the I. though now branded for an inhumane tyrant by many was so christianly Charitable Noble Heroicke toward Edgar Athelirig after he gained the Crowne of England from the perjured usurper Harold by the sword that although he was right heire and his only Competitor to the Crowne of England twice set up in Armes against him by the English Nobility and King of Scots to force him from the Thron yet after all his Forces broken when he was quite deserted by his friends upon his addresses to him in Normandy he courteously received him into his favour entertained him for sundry yeares together even in his owne Court Allowed him an Honourable pension of one pound of Silver every day besides a large Donation After which
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-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
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