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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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excitato impulsa est Anglia Scotia quae Regna cum antea externorum hostium impetum depulerunt Nunc domesticis dissidijs debiltata et ad interitum jam inclinata sunt Id verò totum acceptum referrendum est istis sanctissimis patribus Gabaonitis Jesuiticis Which he ushers in with this precedent Observation concerning their carriage in America to subject it to the Spanish vassallage Eisdem artibus et hoc Religionis Nomine illas Provincias Hispanico Regi potentissimo subjicerunt à quo illi emissi Ut exploratores eo consilia omnia retulerunt Ut primum domestica dissidia excitarent deinde Hispanicos exercius in regna convulsa dissidiis domesticis debilitata adducerent Quod assecuti sunt omnia caedibus sanguine ita replent ut non solum Consilij Capiendi sed etiam Ne respirandi quidem spacium relinquant illis a quibus amanter humaniter fuerant excepti All which particulars being likewise more largly justified demonstrated in that elegant Solid Oration of the Parliament of Paris to King Henry 4. Anno. 1603. against the Jesuites restitution contrary to the former Parliamentary Arrest for their perpetual banishment out of France which they therein predicted would prove fatall to him as it did in truth by their manifold attempts against not only against the French Kings lives Crownes but also against the Lawes and Liberties both of the Realme and Church of France thus poetically expressed in an Epigram presented to King Henry the fourth the same year upon the same occasion by a true French Philopater Cui nam hominum ignotum est ' Jesuita nocte dieque ' Nil meditari aliud quam qua ratione modove ' Prisca statuta queant patriasque evertere Lege Inque locum ' antiquis totum in contraria nobis ' Jura dare sanctos privata ad commoda Ritus Flectere nulli unquam quod post mutare licebit ' Antique deflet proh libertatis honorem ' Auria libertas sic sic calcabere Sione ' Illa tibi fraenum injiciet Jesuitica pestis Vltima Fex hominum Satanaeque Excrementum Quo nil terra tulit pejus necfaedius unquam Mortem norant animare Et Tumultos Suscitare Hi submittant Proditores Hi subornant Percussores Excitant Seditiones Nutriunt Rebelliones Modo jubeat Romanus Vel sic postulat Hispanus Servit his Cor Sermo Manus Adds another In Officinam Jesuiticam I now referre it to the consciences of all my late Imprisoners and all other Subvertors Underminers New-Modellers of our ancient Fundamentall Lawes Liberties Parliaments Governments Kings and hereditary Regall Succession contrary to their former Oathes Protestations Covenants Declarations Remonstrances Professions Principles Resolves Commissions Trusts Advices Votes of the Majority of both Houses of Parliament and our three Kingdomes sadly to consider without passion or partiallity whether all our late intestine bloudy warres with their strange unparalleld Proceedings and Changes of this Nature which I opposed to my power proceeded not originally from the Jesuites projection suggestion and solicitation to ruine our Protestant Kings Kingdomes Lawes Liberties Churches Parliaments and whether they were not the very Jesuites reall though deluded circumvented Instruments in promoting accomplishing them with all earnestnesse violence zeal fury against the votes of the secluded majority of both Houses and of our three Protestant Nations to the Jesuites and Papist great content the grief of most Zealous Protestants the intollerable Scandall Infamy Dishonour of the most Zealous professors of the Protestant Religion and the exiting of many late and present bloudy persecutions against them by Popish Princes in Bohemia Austria Styria Savoy and other parts as a generation of Seditious Factious Antimonarchicall turbulent perfidious disloyall treacherous spirits and dangerous Regicides as they now repute them and publish us be in printed bookes and hereupon let them now resolve their own consciences and the world with what colour of Christianity Law Justice they could so illegally maliciously despitefully close imprison restrain my person seise all my Papers Records c. only to debar me from detecting opposing these their Jesuiticall Journey workers with my pen and indeavouring to translate the Odium of these their true originall Architects the Jesuites who are so impudent and malicious Vt etiam sua suorumque FACINORA AC PARRICIDIA EV ANGELICIS TRANSCRIBERE NON VERANTVR as Ludovicus Lucius proves by severall instances to render the Doctrine and Persons of the Protestants odious and detestable to the whole world And whose principall scope and designe is by severall stratagems to engage all Protestant Princes Kingdomes States Churches in unchristian divisions tumults warres between themselves and against each other Vt continuis se vonficient et atterent viribus ut COMMUNI MOX SUPER VENTVRO HOSTI RESISTERE NEQUEANT Sub nomine et praetextu Religionis Catholicae praesidioque authoritate Papae Hispaniarum Regis ubique locorum sese insinuare OMNIA DE NOVO PRO ARBITRIO SUO INSTITUERE ET AD JESUITICUM FUSORIUM CONFORMARE omnes Evangelicos igne ferro veneno pulvere tormentario BELLIS alijs Machinationibus opprimere viriliter extirpare Sicque SEIPSOS DOMINOS AC MAGISTROS TOTIUS MUNDI EFFICERE as those who please may read at large in Johannis Cambilhonus De abstrusioribus Jesuitarum artibus studijs in Hasenmullerus Hospinian Ludovicus Lucius their Historia Jesuitica Speculum Jesuiticum Watsons Quodlibets with others our New Statizers may do well most seriously to peruse and study the better to countermine the Jesuites pernicious plots against us for the future which have wrought such strange confusions warres alterations various Revolutions in Church and State amongst us in few years last past as all former ages can not parallel If any of my imprisoners or others demand why I did not during all the time of my close Restraints sue out an Habeas Corpus to procure my Liberty in a Legall way or why upon my Enlargement I brought not an action of false Imprisonment against my Committers or their under-Goalers to recover Dammages for my illegall Restrains or a Writt of Restitution to re-invest me in my Recordership of Bath of which I was injuriously dispossessed without cause or hearing by a Whitehall Letter and another time-serving Member introduced during my restraint I Answere 1. That the want of a true Legal Power Jurisdiction and Court of Justice from whom to demand sue and before whom to prosecute these Legal Writts disabled me to pursue them And to demand them from or prosecute them under those illegall Usurped New self-created Powers and Jurisdictions of the Jesuites projection which illegally committed and ejected me from my Recordership had been a reall acknowledgment of and submission to them on record as Lawfull against my Science Conscience Judgement Oathes Protestation Vow League Covenant our known Lawes Statutes and Parliamentary Declarations which I durst not in conscience or prudence violate to
unto you this Large Remonstrance of his severall successive Grievances illegall restraints close imprisonments pressures under you and your Officers the only legall reall petition you can in justice expect from him whereby he doth after his full two years and three months forementiond illegal close imprisonments and Pressures under you before any legall Indictment Tryall or Crime objected against him once more joyntly and severally demand from you and every of you of meer common right and Justice without any further deniall or delay his absolute freedome and enlargement from all his present restraints with full undelayed reparations for all his dammages losses expences sustained thereby and by all other his remonstrated injuries from the authors and instruments of them according to all the forecited Lawes Statutes Oathes Protestations Vowes Covenants Declarations Remonstrances and your bounden duty by Gods own sacred Edicts And that he having already wasted above ten whole years of his short expired life in ten severall prisons only for his free unmercenary defence of publick Liberty Lawes and Religion out of pure conscience zeal duty he may be no longer enforced without guilt or Tryall upon any carnall State policies or old exploded Whitehall pretences of necessity danger or publick safety the damned Pleas for his former illegall close imprisonments sufferings exile and his present likewise to consume the short remainder of his declining dayes like a lighted candle under a bushell or a dead man out of minde in obscure Prisons at farthest distance from his friends where he can neither enjoy their sweet society nor serve his God his Countrey or private family with that freedome and improvement of his Talents for their best advantage as he doth desire nor any longer detained prisoner under the custody of such Martiall Gardians who are for the most part professed enemies both to our Lawes Lawyers Ministers Ministry Gods publick Ordinances Sacraments Churches Chappels Glebes Tithes and whatever else the piety or bounty of former times hath devoted to the maintenance of Gods worship Religion or Learning and therein to our Religion and Learning it self under a pretence of transcendent sanctity and a new monstrous kind of zeal to reforme Religion propogate the Gospell and support true Preachers of it by the readiest unrighteous sacrilegious irreligious wayes that the Jesuites or worst enemies of the Gospell could invent eternally to extirpate it and all true Ministers of it now as violently and publickly impiously pursued by them and some other Army Officers contrary to the pious practises and sacred presidents of all godly martiall Kings Generals Colonels Captains of thousands hundreds and Armies recorded by God himself in the old and new Testament who were so enamoured ravished and eaten up with the love zeal beduty of Gods House Temple Tabernacle Sanctuary publick ordinances Worship Priests Ministers so carefull to frequent maintain advance encourage them that they chearfully and bountifully contributed not only the Tithes First-fruites and oblations of all their estates but the very tenths of all their spoiles with all the Pretious stones Jewels Ear rings Rings Chaines Bracelets Tablets vessels of gold and silver Treasures Brasse and Iron taken in the Wa●s to the building adorning repairing of magnificent Tabernables Temples Houses Synagogues Churches devoted to Gods publick service and maintaining of Gods publick worship Ministers Priests Levites and other Officers attending thereupon in these publick Edifices to which they joyfully constantly and zealously resorted without separation from them as Gen. 14. 20. Exod. 35. 20 30. Ch. 38. 1 10. Numb 31. 28 54. 2 Sam. 8. 10 11 12. 1 Chron. 21. throughout Ch. 26. 26 27 28. a memorable text Ch. 29. 1 10. 2 Chron. 15. 11. Luk. 7. 1 5 6. Heb. 7. 4 6. Psal 5. 7. 21. 6. 26. 8. 27. 4. 36. 8. 42. 4. 52. 8. 55. 14. 65. 4. 66. 13. 69. 9. 84. throughout 42. 1 2. 116. 13. 102. 1 9. 134. 1. 135. 1. Isa 2. 2 3. Mich. 4. 1 2. Joh. 2. 16 17 18 20. Luk. 2. 27 37. Ch. 20. 1. Ch. 24. 53. Act. 2. 46. Ch. 3. 1 8. Ch. 5. 20 21. Rev. 7. 15. resolve To the shame of those his irreligious Gardians of a different judgment and practise who debarred him from all resort to Gods publick Ordinances and Ministers in the Parish Churches of the Garisons wherein he hath been restrained dedicated to Gods worship and still detain him close Prisoner as aforesaid by colour of this your void illegall Warrants bare Transcript without date thus subscribed by them as a true Copy SIR WE have been informed that Taunton is an unfit place for the imprisonment of Mr. Prynne where he now is we therefore desire you to give order for the removall of the said Mr. Prynne to Pendennis Castle and that HE BE THERE KEPT UPON THE SAME WARRANT UPON WHICH HE HATH BEEN PRISONER AT DUNSTER CASTLE AND NOW AT TAUNTON till further Order And that whiles he is there in restraint he may have liberty to go to the publick Odinances of Gods worship if he shall desire the same Signed in the Name and by Order of the Councell of State by authority of Parliament John Bradshaw President This is a true Copy John Disbrowe This is a true Copy of the aforesaid Copy Charles Shrubsoll This Copy only or your Originall Warrant as the science and conscience of every Lawyer amongst you and his who signed it must informe you is meerl● void illegall and no justification for these his foremen●ioned Restraints or Imprisonment in Pendennis Castle before any tribunall of God or Man for these following Reasons 1. Because contrary to all former Councell Table Warrants of this nature All old Councell Table Orders Warrants for his and others imprisonments were fig●ed and subscribed not only by the President alone but by all the Lords and Councell consenting to them then present as by Law they ought that so they might know all those that Imprisoned them and whether enough to make a Councell and whether to bring their actions against all or any of them if wrongfully imprisoned as you may read in A new Discovery of the Prelates Tyranny pag. 9 10 15 16 18 69 85 86 90 to 97. 2. Because this single signing of Warrants by one of you alone against ●ll Law and former Presidents disenabling the Prisoner to know who they were who committed and translated him from prison to prison except the first and sole subscriber John Bradshaw the rest it seems being ashamed to subscribe or own it or the former Warrants for his restraints being so unjust and defective in Law And the subscriber alone being no Councell and having no power solely to act any thing but only joyntly with such a number of Associates who cannot translate their power or trust to him but must execute it themselves This Warrant and the former so signed must needs be void in Law and unwarrantable or
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
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
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
Votes of both Houses in my very Case been already kept close Prisoners in Dunster Castle debarred all free converse with others by Discourse or Letter and accesse to Gods publike Ordinances by your illegal Warrant and although I have sent 5 several Letters to your self and others of your Colleagues declaring the illegallity the extremity of these your Proceedings and demanding nothing but Jnstic● from you which not only one Christian but Turk Infidel might justly challenge and expect from an other yet I can neither receive answer nor satisfaction from you in the least measure when as I never sought to the late King himself in my former troubles for any thing I desired but he ever gave me some positive answer or other at the first without one quarter of that sollicitation which you have had who professed your self my cordial Friend Yea whiles I was close Prisoner in Mount Orgueil Castle he was so pio●s as upon the very first motion of the Governour without any Petition from me to grant me free accesse to all Gods publike Ordinances Sermons and the Sacrament which I cannot yet obtain from you pretending far more Piety and Liberty after so many Letters who are now so far from returning me any answer that my Brother Bastwick my Sollicitor I know not by whose direction informed me he can obtain no admittance to your presence being put off or denyed entrance by your Attendants A strange carriage of any Mortal towards his fellow Creature but stranger in any Christian towards his Christiun Brother and Professed Friend when a● the most high most glori●us ●mnipote●t incomprehensible God who dwelleth in the highest a Heavens and in that light that no man can approach nnto though King of Kings Lord of Lords and a great King over over all the Earth doth so far humble himself to teach the highest Mortals the like humility and charity to their lowest afflicted Brethren as always to give fr●e accesse a● open ear a speedy audience ready answer to all the just prayers requests of the very mean●st of his Creatures Servants here on earth especially in the times of their D●stresse and hath registred this comfortable Precept backed with a Pr●mise not only of audience but Deliverance for every faithfull Christians encouragement Psal 50. 15. Call upon me in the time of trouble I will deliver thee and thou shalt glorifie me The accomplishment whereof hath experimentally been made good unto them upon all occasions and is thus recorded to Posteriry by the Palmist in his own and others Cases Psal 34. 4 5 6. I sought the Lord and he he●rd me and delivered me from all my fears They looked to him and were lightned and their faces were not ashamed This poor man cryed and the Lord heard him and delivered him out of all his troubles Whose celestial example you are so far from imitating notwithstanding this Evangelical-Precept Luke 6. 35 36. Be ye therefore merciful as your heavenly Father is mercifull for he is kind unto the unthankfull and evil then much more to the good that as yet I cannot find you so righteous as that Dilatory Judge which feared not God nor regarded man who although for a while he refused to avenge the importunate Widdow of her Adversary ●et afterward said within himself Though I fear not God nor regard man yet because this Widdow troubleth me I will avenge her lest by h●r co●●inual coming she weary me And therefore you may justly fear what follows in the next ensuing verses And shall not God avenge his own Elect which cry day and night unto him though he bear long with them I tell you that he will avenge them speedily of all those that injure or refuse to doe them right according to that memorable Scripture Prov. 21. 7. The robbery of the wicked shall destroy them because they refuse to doe judgement If you still pretend want of leisure to do me right I shall fi●st mind you that Ki●g Philip of Macedon giving this ans●er to a p●●r Petitioner who demanded Iustice at his hands that he had no leisure to do her right received this bold reply from her Noli itaque Regnare Be you then King and President no longer over us but let those reign who will find leisure to to doe us justice Whereupon he immediatly did right not only to this suter but divers others It shall be my reply to your Dilatory excuse and I wish it may produce the like effects in you as it did in Philip. Next I find that si●ce my imprisonment in Dunster Castle you have found leasure enough to grant out an O●der for the slighting of it and removing the Garrison thence to Taunton Castle and therefore I conceive you might at the same time have found leasure enough had you not wanted will for my release from thence who now am like to be tossed up and down by you like a Tennis-Ball from one Castle and illegal Prison to another to my greater trouble and expence as I was by the late Tyrannizing Prelates malice contrary to Law and the Subjects Liberty as both Houses voted in my very Case which will be a further addition to my oppression and your Injustice render you altogether as injurious if not as malitious towards me as beheaded Canterbury add very little reputation to your new Regency over us And is this the only fruites of your pretended friendship and justice the only guerdon recompense of all my former Labours Losses Sufferings for the Commonwealth and Liberty of the Nation even in the worst of times is this the only Native English Freedom I and other Patriots of our Country must n●w enjoy expect after so many years sufferings wars prayers tears fasts both publike and private so profuse an expence of our Treasure Blood and exhausted Estates to regain maintain our hereditary Liberties against all invasions to be now at last without before any legal pr●cesse or Inditement upon m●er general surmises fears suspitions thus violently pulled out of our houses banished our habitations divorced from our families deprived of our Callings disseised of our Offices T●usts Freeholds attainted in new kind of Premunires put out of protection of those very Laws to which we were born undoubted heirs sequestred from all free converse with our Friends Country-men by conference or writing debarred accesse to all Gods publi●e Ordinances for the instruction or consolation of our Souls plundred of our Papers Writings Records Horses Armes at the arbitrary Discretion of every Sowldier or New Militia-man carryed through the Country in triumph like Turkish Galley-slaves consined banished imprisoned tossed up and down from one illegal Prison to another from one illegal Judicatory to another and ruined by uncessant new Taxes Excises Payments without and against all rules of Law and Justice contrary to so many solemn Protestations Declarations Remonstrances Leagues Covenants ratified subscribed in Gods sacred presence with hands lifted up to
and Monitors to inform you of your extravagances First whether these exorbitant Proceedings against me contrary to all the forementioned Laws Statutes Declarations Parliamentary Votes and Resolutions of both Houses in my very Case be an inviolable maintaning upholding preserving of the fundamental Laws of the Land Liberty and property of the people according to the Solemn Protestation Vow Covenant you have made subscribed in the presence of the everliving God with a real intention to perform the same as you shall answer the contrary at the great day of Iudgement or of your own former late printed Declarations published to this Kingdom Nation and the whole world And by what authority derived to you from God or men you can justifie or excuse this extream violation of all these Laws and Premises contrary to the very Letter of your Protestations Covenants and publike Declarations in this second year of Englands pretended Redemption from Tyranny and Slavery which never felt nor complained so much of both of them as now under you 2ly How you who professe your selves such Eminent Saints yea Patrons of publique Liberty and Piety and justifie the casting detaining of Saints in Prison which is the proper work of the Devil and his Instruments R 〈…〉 Isay 14. 17. Acts 5. 18. c. 12. 3 4 5. Mat. 14. 〈…〉 17 18 21. but the opening of Prison doors the loosing releasing Prisoners the proper office work of God Jesus Christ and all good Angels Psal 146. 7. Isay 61. 1. Acts 5. 18 19. c. 12. 5. to 20. ●he debarring me and my Servant above three moneths space from all Gods publike Ordinances on Lords days and week days and denyal of me so much freedom Liberty under your New Gaolers and Free-State Government in Christian England as St. Paul though accused for a Pestilent Fellow and a stirrer up of sedit ion amongst the Jews throughout the world enjoyed under the Pagan bloody persecuting Tyrant Nero in Heathen Rome it self Acts 28. 15. to the end Yea as all publike Traytors Malefactors whatsoever by the Laws of the Kingdom 〈◊〉 enjoy and all late restrained Cavalliers in Armes have enjoyed And how you will at last escape that heavy Doom denounced against such as do but only not visit Christs imprisoned Members or such as trouble and oppresse without imprisoning them recorded Mat. 25. 41. to the end 2 Thes 1. 4. to 10. if you thus close imprison starve undoe me without any just or real cause only because you have present power in your hands and the longest sword against which practice and ground of present power there is an heavy woe and judgement particularly denounced Mich. 2. 1 2 3 c. Which I desire you will seriously read and consider 3ly Whether it will not be esteemed an argument of extraordinary Cowardice Guiltinesse in you who have all the Militia and power of the Kingdom both by Land Sea in your hands and such great successes as you publish to stand in fear of such a mean unarmed despicable Person as my self and thereupon only to mue me up close Prisoner as you doe in a remote private Castle against all Rules of Iustice Law and Christianity 4ly Whether if you pursue equal exceed the Injustice oppressions Tyranny greatest Exorbitances of beheaded Canterbury Strafford the suppressed Star-Chamber Council Table or late King condemned executed by you so freshly for a Tyrant must you not in all justice reason expect and in gods due time undergo the self same or far worse Tragical fatal ends as they have done with eternal Damnation to boot notwithstanding your present power Greatnesse not half so well settled bottomed backed by Law or otherwise as theirs was when they sare and acted in State where you doe now For which I intreat you advisedly to peruse with sincere hearts Rom. 2. 1 2 3 5 6 8 9 21 22 23 24. Ezech. 18. 12 13 24. and Isay 14. 4. to 24. These Proposals premised I have only as ma ny Demands to make unto you to which I desire your undelay●d answer not out of any favour but meer right and Justice First that if you have an● ●riminal or Capital Charge against me by any known Laws or Statutes of this Realm as I am sure you have none you will then bring me to a speedy Just and Legall Tryall for it upon an Inditement or Presentm●nt of the good and Lawful People of the Neighbourhood where my pretended Offence was c●mmitted before a Law●ull Tribunal and Legal Iudges if there be any such now in being and that I may be tryed by the Lawfull Judgement of my Peers according to the good old Laws of the Land and have all just exceptions and challenges allowed me and not to be murdered destroyed as some lately have been by Tyrannical and Arbitrary Courts Marshal or mi●-named New Courts of high Iustice set up in direct opposition subversion and destruction of the very Common Law of England the Highest Liberty of the Subjects the very safety preservation of their Lives their c●ief●st Bulworks against all Arbitrary Powers which are all now prostituted to the Lawless wils of others the expresse Statutes of Magna Charta c. 14. 29. 25 E. 1. c. 1 2 3. 28 E. 1. c. 1. 1 E. 3. c. 19. 2 E. 3. c. 1. 4 E. 3. c. 1. 5 E. 3. c. 1. 9. 10 E. 3. c. 1. 14. E. 3. c. 1. 15 E. 3. c. 1 2 3. 20 E. 3. c. 1. 3. 28 E. 3. c. 2 4. 28 E 3. c. 1. 31 E. 3. c. 1. 37 E. 3. c. 1. 18. 38 E. ●3 c 1. 9. 42 E. 3. c. 1. 3. 45 E. 3. c. 1. 50 E. 3. c. 2. 1 R. 2. c. 1 2 R 2. c. 1. 3 R. 2. c. 1. 5. R. 2. c. 1. 5. 6 R. 2. c. 1. 7 R. 2. c. 2 3. 8 R. 2. c. 1. 9 R. 2. c. 1. 12 R. 2. c. 1 13 R. 2. c. 2. 5. 14 R. 2. c. 1. 12. 1 H. 4. c. 1. 10. 2 H. 4. c. 1. 11. 19. and Rot. Parl. n. 60. 4 H. 4. c. 1. 7 H. 4. c. 1. 9 H. 4 c. 1. 13 H. 4. c. 1. 2 H. 5. c. 6. 8 9. 2 H. 5. Stat. 2. c. 3. 3 H. 5. c. 1. 7. 4 H. 5. c. 1. 7 H. 5. c. 1. 2 H. 6. c. 1. 6 H. 6. c. 1. 8 H. 6. c. 10. 29. 9 H. 6. c. 3. 10 H. 6. c. ●0 14 H 6. c. 1. 15 H. ● c. 5. 18 H. 6. c. 12. 20 H. 6. c. 9. 31 H. 6. c. 1. 33 H. 6. c. 2. 1 R. 3. c. 3 4. 11 H. 7. c. 1. 11 H. 7. c. 21. 4 H. 8. c. 2. 6 H. 8. c. 6. 22 H. 8. c. 2. 14. 23 H. 8. c. 3. 13. 25 H. 8. c. 6. 22. 26 H. 8. c. 5. 6. 13. 27 H. 8. c. 4. 24. 26. 28 H. 8. c. 1. 7. 15. 32 H. 8. c. 4. 33 H. 8. c. 12. 20. 23 24. 35 H. 8. c. 26. 35 H. 8. c. 1. 2.
37 H. 8. c. 5. 6. 8. 1 E 6. c. 1. 10. 12. 2 and 3 E. 6. cap. 1. 2. ●4 ● 6 E6 c. 4. 9. 〈◊〉 11. 14. 1 Mar. c. 3. 6. 1 2 Phil. Mar. c. 10. 4 5 Phil. Mar. c. 3. 4. 1 E. c. 1. 2. 5 Eliz. c. 1. 4 10. 11. 15. 21 Eliz. c. 3. 4. 13 El. ● 1. 2. 14 Eliz. c. 1. 2 3 18. Eliz. c. 1. 2● Eliz. c. 1. 2. 27 Eliz. c. 1. 2. 29 Eliz. c. 1. 35 Eliz. c 1● 39 El. c. 15. 43 El. c. 13. 1 ●ac c. 28. 11. 12. 27. 31. 3 Jac. c. 2. 4. 5. 13. 4 Jac. c. 1. 7 Jac. c. 1. 6 10. 13. 21 Jac. c. 4. with sundry other Acts and the very Letter of the Petition of Right so highly magnified fo● the most excellent most just free and equal of any other Laws in the World by those now sitting at Westminster in their Declaration of March 17. 1648. for setling the present Government in way of a Free State wherein they solemnly engage inviolably to maintain them and yet now trample them all under feet by these illegal arbitrary ●udicatories so much declaimed against heretofore of purpose to destroy all sorts degrees of Subjects and Freemen of England Though no Souldiers under Military Discipline contrary to all these Laws and Franchises of the Land when and where no Legal Iury nor Court of Iustice will or can condemn them adju●ged wilfull murder here●ofore and so resolved in P●rliament as Sir Edward Cook informes us in his 3. Institutes printed by Order of the House of Commons and so esteemed by G●d himself though coloured by a ●re●ext of Law Psal 94. 20 21. 1 Kings 21 ●●o 2 5. Iohn 19. 7. 16. 18. compared with Acts 2. 23. c. 3. 14 15. c. 7. 52. yea a more transcendent publickly avowed Act of absolute Arbitrary Power and Tyranny than ever the late King or any of his Predecessers were guilty off which endangers every mans life and chopps off every mans head in taking off any ones yea such as in conclusion may prove a new Perillus his Bull to torture destroy the first ●uve●tors by Gods just judgements the Heathen Poet ●vi● observing N●c ●nim Lex justio● ulla Quam necis artifices Arte perire sua Whereof we have a memorable Scripture President in that Tyrant Adonibezek Judg. 1. 6 7. and in the shedders of the blood of Saints Rev. 16. 5 6. seconded with four formidable Comminations both in the old new Testament G●n 9. 6. Ezech. 35. 5 6. Obad. 10. 15. c. Jam. 2. 13. Rom. 2. 1 2 3. and with a most observable example in Thomas Lord Cromwell recorded by Hall and Sir Edward Cook in his 4 Institutes p. 37 38. who in the height of his greatness power endeavouring to procure an Act of Parliament to take away some other m●ns lives without any Lawful Inditement Tryal by their Peers contrary to the forementioned Laws by the meer Legislative power of the Parliament was the first and only man that suffered and l●st his head wi●hout any Legall Tryal by a bare Act of Parliament 31. H. 8. c. 3. which kind of illegal taking away mens lives being next degree very near of kindred to a private Assasination or Publick Massacre of those we fear or ●ate and in one respect worse than either of them because disguised with a pretended shew of Justice is for ever to be abominated and exploded by all Pretenders to Piety and Publick Freedome and not to be tolerated in any free Monarchy or Republick upon any pretence of necessity or Publick safety whatsoever and so much the rather because the blood of such so murthered and destroyed will cry loud to God for exemplary Vengeance as Naboth● did 1. Kings 21. 10. to 25. And if he that only hateth his Brother be a Murderer and hath not ●ternall life abiding in him 1 John 3. 15. Then certainly those who thus not only hate but illegally destroy and execute their Christian English Brethren yea s●ay their B●ethren in Covenant by thousands with a rage reaching up to Heaven 2. Chron. 28. 9. 13. must much more be bloody Murderers in Gods accoutnt and sha●● never inherit eternal Life unlesse they seriously repent and abandon all such Barbarons Cruelty and new Butcheries of men which every Heroick Christian and true English Spirit cannot but with highest indignation p●otest against out of zeal to Gods Honor his Native Countrys hereditary Liberties his own and posterities safety which I desire you to ●ay close unto your spirits as you will answer the contrarie before Christs Tribunal at the last upon the seasonable information and admonition of him who hath suffered so much for his Countries Freedome and would rather dye ten thousand de aths than see it after so much expence of Treasure blood in defence of the for ecited Laws and publick Freedome enthralled to such a strange new Butchery and Tyranny as this and that in Westminster Hall it ●elf in the highest Court of Law and Justice in former times under the monstrous contradictory Title of High or Highest Iustice true only in the Proverbs sence Summum jus summa Injuria 2. If you have no particular Charge or Crime for which by Law you can thus restrain me that you will then immediatly enlarge me without any limitations or conditions whatsoever and render me full Dammages for my false Imprisonments past and not thus mo●est and oppres●e me for the future against all Rules of Iustice and Piety 3. That you will presently restore all my seised Trunks Books Records Papers Writings being most of them my own peculiar the rest the only Iustification and Defence I have● if ever I should be hereafter questioned for any Treatises I have published concerning the late King Canterbury or others out of my s●ised Originals or Transcripts for the Common good which certainly deserve a far more honourable reward and gratefull requital than such a violent publique search of my house studies seisure of my Truncks Papers by Souldiers and so long strict chargeable a close imprisonment of my Person as I have sustained 4ly That if you will still close imprison me against Law Conscience you will then either defray the charges of my imprisonment or else cause the Treasurers of Bishops Lands immediatly to pay me the 800 pounds salary due unto me as a Contractor for which I never yet received one cue and should never have desired any thing but upon this extraordinary occasion of expence and the Committee for your Army to pay me all such moneys as are or shall be certified to be due unto me for free quartering of your Souldiers to help support me in Prison and defray those Debts which your present oppression the losse of my Calling thereby and your illegal heavy Taxes have contracted in stead of receiving any recompense for my former illegal sufferings damages and manifold
the purity of Gods publick Ordinances and sending of Letters when first approved by himself such a Ward and School boy is he yet to this very hour under your Free-State even after the Court of Wards quite voted down And whereas all Collonels and Gentlemen heretofore in actual Arms against the Parliament here or elsewhere secured in their proper Counties only not in foraign in the late times of danger were a full year since enlarged from their far more favourable restraints than his by your general Order and many Theeves Felons legally deserving death both pardoned and set free without any Petitions to you from them and not only diverse Popish Recusants in A●mes but some Popish Pr●ests and Jesuites imprisoned before your Government absolutely released under it yea exempted from the very Oaths of Supremacy and Allegiance specially provided prescribed by the wisdom of many pious Parliaments for the detection and prevention of their manifold treasonable practices against our Realms Princes Parliaments Government Laws Liberties and Religion from some if not all old penal Laws formerly made and those 5 new excellent Bills and Oaths of Abjuration for their better speedier discovery a●d suppression so earnestly pressed by our late zealous Parliaments and consented too by the late King so much taxed by you for indulgence towards them in the last Treaty without scruple yet since quite buried with ●im in oblivion and some of them unwittingly as is conceived entertained as Troopers Souldiers in pay in your very Guards for want of such strict inquiries after them and such meanes to prevent their coming over and to detect them as formerly and not one of them for oug●t he can hear close imprisoned if imprisoned at all in remote Castles under such Guards Centinels Restraints as his forementioned though in near one hundred printed Declarations of Parliament remonstrated to the World to be the Original Contrivers the chief Incendiaries Fomentors Promoters of the first late Warres between Scotland and England and the late King and Parliament of purpose thereby to subvert the Protestant Religion both at home and ab●oad destroy that last and all future Parliaments our Lawes Liberties and former setled Government and introduce Popery Anarchy Slavery and Military Tyr●●y in their pl●c●s Whereupon they are grown so audacious as not only secretly to infuse their Jesuitical Tenents Pract●ces Poli●icks of most dangerous consequence expr●ssed in sundry former Acts of P●rliament purposely enacted to prevent them into the Souldiery a●d Pe●ple now much infected with them but likewise by their instruments to translate print and vend publiquely throughout the Nation without Inhibition or Punishment their Jesuitical Books even in folio professedly ass●rting both th● Popes Sup●emacy pra●ing to Saints and Angels Purgatory Masse Transubstantiation and all other points of grossest Popery for undoubted Truths necessary to Salvation and also positively maintaining our true Protestant Religion to be grosse Heresie and our late famous Queen Elizabeth with all true professors thereof to be damnable Hereticks Witnesse the Jesuite Edmond Causin his Holy Court printed in several folio Tomes in London it self translated into English by Papists Jesui●es and dedicated to the two greatest Female Papists Queen Mary and the Dutchesse of Buckingham sold publikely under your Noses and elsewhere with the very Jesuites badge S. I. S●cietatis Iesis in Capitals in the Title Page and this bold subscription Printed at London by William Bently Anno 1650. since his close imprisonment by you and are to be sold by Iohn Williams in Pauls Churchyard where all these Popish Tenents are largely maintained to the great Scandal and Offence of all true Protestants as you may read at leisure Tom. 1. p. 30 to 38 63 64 68 74 75 Tom. 2. p. 168. Tom. 3. p. 425 to 430. 461 462. Tom. 5. p. 173 174. 304 to 319 The Angel of Peace to all Christian Princes p. 10 11 and elsewhere to omit all other Iesui●ical Arminian Popish Erroneous Books against our Religion now publikely written printed vended by thousands under you with impunity though so lately charged pressed by the whole House of Commons against Canterbury as an Article of High Treason for which amongst others he lost his head by Iudgement of Parliament and your own concurrent Votes and Approbations Yet he who out of pure love zeal to his God true Religion Country Parliaments hath constantly stuck unto and written most of any man in times of greatest need and danger in defence of the just Power Rights Privileges of our true English Parliaments and Nation against all Opponents against all late introduced Arminian Popish Iesuitical Errours Doctrines Ceremonies Innovations Books and made the first the fullest discoveries of and Oppositions in print of any man with no little pains cost losse danger against their manifold dangerous Books Practices Plots Conspiracies to undermine our Religion Parliaments Laws Liberties Government and involve all Protestant Kingdoms States Churches in bloody intestine wars to their own mutual destruction but these Iesuites insultation exul●ation and that by approbation authority of Parliament and most of your applauses And hath particularly informed some of you by Letters since his restraints of admired indulgences towards Priests ●esuites of one particular noted Iesuite who for a fortnights space together disputed with a friend of his at St. Omers with 5 other Iesuites more about August 1649 since listed a Trooper in your Guards and of this late printed Iesuites folio Book without any reformation or suppression of either upon his complaints thereof during this their licentious Liberty and Freedom to their grand Rejoycing Advantage and the great Grief Offence of most really affected to our Religion or the publike weal without any cause hearing or release must be shut up and continued close Prisoner by you year after year and sent from one remote Castle to another remoter and worser than it and there kept under strictest Guards Centinels Restraints and most injurious Duresses as aforesaid without any hopes of release notwithstanding his manifold Letters and Addresses to you joyntly and severally in such a way as becomes him though not by unworthy complyances in submission to the self-created new Powers and Titles complaining of these fore-remonstrated Proceedings Searches Imprisonments Translations and Restraints in forraign Counties Castles under Souldiers without any precedent Indictment Tryal and Crime yet specified and undeniably manifesting them to you to be co●trary to all Laws of God Nature Nations the Common L●w and Great Charter of England and other forecited known Statute● Iudgement● Declarations Resolutions R●monstrances of all our late Parliaments the expresse Votes and Resolves of both Houses of Parliament in his own late particular case and others the indubitable Birthright Franchises of eve y English Freeman of very dangerous President Conseq●ence to Posterity and in sundry respects far more exorbitantly unrighteous than his former Grievances and Imprisonments under the worst of your discarded condemned decapitated
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
which you say brought me out of Prison when as your hand alone cast me into it Let Seneca the Philosopher resolve you what it is De beneficiis l. 6. c. 26. NEQVITIA EST ut extrahas mergere evertere ut suscites VT EMITTAS INCLVDERE Non est BENEFICIVM INJVRIAE FINIS Nec unquam id detraxisse MERITVM EST quod ipse qui detraxit intuberat Non vulneres me malo quam sanes Potes inire gratiam si quia vulneratus sum sanas non si vulneras ut sanandus sum c. That others joyned with you in the injury c. was but Canterburies old exploded plea and and rather aggravates then mitigates your offence by Gods own resolution Exod. 33. 2 7. Yet notwithstanding I am not so vindictive or implacable as to deal with you as you did with me to surprise you without the least notice to begin with execution without any precedent processe or parle as my former lines attest Neither shall I take advantage of the present season by way of revenge which others perchance would do but only end●vour to right my self in a just and Christian way for the damages sustained in my estate and person to prevent the like future injuries and to advance publick liberty so far that my illegall restraints under you may become no presidents to prejudice but benefit posterity And seeing I finde you inclined to a friendly conference when and where I shall appoint which would have done better before my commitment then now if you nominate any Chamber in any of the four Innes of Court where me may meet to morrow or Thursday morning about ten of the clock I shall God willing then and there expect such further satisfaction from you as is due in justice and conscience to Your injured oppressed quondam Friend and Martyr for the publick William Prynne Lincolnes Inne 5. Decemb 1654. To this Letter I received a large impertinent answer dated the 6. of December giving no account of the cause or justice of my Restraints but proffering me a meeting at Mr. Ellys his chamber in Grayes Inne the Saterday following about 8. of the clock in the morning freely to debate the businesse in a friendly manner without prejudice to either side Where I meeting Mr. Bradshaw accordingly he seriously protested to me That he neither knew nor remembred the Informers names nor any perticular informations given in against me whereupon I was thus imprisoned restrained but he would peruse all his own papers and the Books at Whitehall with all possible speed and if he could finde any particulars relating to my commitment in them he would give me a speedy account thereof After which he said That he had sundry things in the generall to alleadge for himself in relation to the proceedings against me which did quiet his conscience the sum whereof which he amplified with many words was this alone 1. That he and the Councell at Whitehall as he styled them had their authority derived to them from a true and unquestionable Parliament of England 2. That this Parliament gave them particular instructions to pursue for the preservation of the Peace and safety of their new Common-wealth which they accordingly pursued according to their judgments and consciences without malice or partiality 3. That there were many desperate plots and conspiracies set on foot against this poor infant Common-wealth by the enemies thereof threatning utter ruin thereunto had they not been carefully prevented about and during the time of my commitment which enforced them to extraordinary proceedings 4. That though he knew not the particular grounds or cause of my restraints yet he was perswaded that it was done in order only to publick safety and not out of any malice but rather out of a tender respect of the Councell towards me and that he did nought therein but only by the Councels command which he was bound to obey To which I presently returned him this answer That I much wondered with what face or confidence he could condemn the late King for a Tyrant and yet soon after become more arbitrary unrighteous and Tyrannicall himself in his proceeding against me his late speciall friend then ever the King or his Councell were For first of all they only sommoned me in the day time to appear before them by a single sworn Messenger the next day without any attachment of my person But he at the very first attached me neer midnight in my own house by a party of horse without any sworn legall Officer 2. They summoned me to appear before them to answer such things as should be objected against me but he attached and sent me as far off from him as possible to remotest Castles without bringing me ever before him as being afraid or ashamed to see my face 3. They when I appeared before them objected a particular book to my charge as scandalous and offensive and heard me concerning it before they committed me But he at first objected no particular crime or Book against me nor would he afterwards during my long restraints signifie any speciall cause of my close imprison●ent though oft importuned by my Letters which he would have done for his own reputation and my own or the worlds satisfaction had there been any And now at last he protests That be neither knows nor remembers any particular informations given in against me for which I was so long committed my papers records writings seized and my very pockets as well as my House studies and Prison-chamber ransacked But he will seek if he can find out any particulars which would have been found out long ere this had there been any such even since my first Letter to him in November last 4. They committed me only a prisoner at large as first to the Tower of London their usuall Prison neer my friends and place of residence without any restraints of Letters or conference with any B●t he sent me to three remote Castles one after another every one worse then another the last near 150 miles distant from my house and friends and there kept me under the strictest restraints and armed gards contrary to sundry expresse Statutes and the Votes of both Houses of Parliament in my former case debarring me for a long time the liberty of Gods publick Ordinances which I enjoyed under them In all which respects after the Parliaments censures against the old Councell-table Prelates Canterbury and his own sentence against the King he had manifested himself a worser Tyrant then they and might therefore justly expect as heavy or a far worse censure as any of them sustained in case he repented not of and gave not satisfaction for these transcendent injuries As for the generall grounds he alleadged to excuse or justifie his exorbitant proceedings against me I told him they were frivolous and would rather aggravate then mitigate his offence before any Legall Tribunall To the first of them I then immediately answered that I much admired how any man