hand IOHN BRADSHAW PRESIDENT Which Warrant further enjoyns him not to suffer me to have conference with any but in his sight and hearing nor to send or receive of any Letters but such as he shall peruse and is accordingly executed amounting to the strictest close Imprisoâ—ent These Proceedings seem to me who am conscious of no guilt very strange Illegall rigorous yea destructive not only to mine own but to all the Peoples Liberties and all our good Laws for their preservation which you and others in present Power have of late years more then once solemnlie covenanted and made large Declarations and Protestations inviolably to preserve especiallie in these daies of Englands freedome from Tyranny as some term if not proclaim them Strange in respect of your self the only visible author of them mine ancient Acquaintance who formerly made so many large Professions of reall Friendship towards me and one of mine own Robe much contemning the Kings Star-chamber Lords and Prelates illegall Warrants and Proceedings in this kind against me from whom I expected no such unjust exorbitant Warrant or Military violeuce as this yet Stranger in regard of my self the Sufferer who having been such an Eminent Martyr both in body and Estate suffering near 8 years Imprisoments close restraints exile 3 Pillories Stigmatizing a â—â—uble lossâ— of ears excessive Fines for the defence of our reâ—igion Laws Publick Wealth Liberty of the Nation without receiving one penny recompence for all my losses and snffrings though promised voted many Thousands and one of the most devoted faithfull Servants to the old Republick late Parliament of England in whose service I have spent my Estate and studies ever since my enlargement without enjoying the least Preferment which I was never ambitious of or one farthing Salary or reward when others lesse meritorious have been bountifully rewarded with great Sums Offices Pensions expected no such ungratefull Requital as a new excessive tedious close Imprisoment from my professed Friends before the least notice of any complaint against me or summons to appear or answer it Which all circumstances considered is a farr greater Extremity of injustice than I ever yet suffered from my most Capitall Enemies who both in the High Commission and Star chamber did only summon me by a messenger but never Attach me or begin with Execution as you doe first citing me to appear before them and then heard before they committed me or searched my Study and Papers and that by their Legall sworn Officers not armed Souldiers in the open day time not at midnight on the week day not the Lords day and never made made me a close Prisoner at first but onely after hearing and sentence And indeed this cannot but seem strange to me and all men else that I should be the first man now mewed up afresh in all the County for a new Malignant and dangerons Person who was one of the first appeared in it for the Parliament when as others long in actuall arms against it now walk at large and one who took and subscribed the Kings Oath against the Parliament renouncing and declaring them Traytors and Rebels with others whose base unworthy cowardice lost and betrayed the whole County to the Enemie whom they durst never face or encounter are now imployed as great Commanders in our new raising Militia who as I have good grounds to suspect are the originall Contrivers of this my injurious Restraint out of meer mallice or envy to shew that they are now men of trust and power sufficient to Tyrannize over me as well as others who never did them the least injury but only reprehended them for their Injustice and Opressions of which the whole County complained The satâ—sfaction of whose malicious desires in this illegall way will purchase you ten thousand times more dishonor and doe you more disservice by discontenting thousands of your Friends and giving your Enemies just occasion of rejoycing than ever their valour or Military Service is like to do you good either in the County or Kingdome and render you as detestable to the People as ever my former suffrings and Imprisoments did the Bishops or Star-chamber the greatest occasion of their downfalls Illegal injurious yea Destructive to the Peoples Libertys and also setled Laws for their Defence in divers respects in which I must crave Liberty a little to expatiate for fear my present silence or flender glances thereat should prejudice my own and the whole Nations Liberties deeply concerned in this new President of Injustice on my self so great a stickler against all Arbitrary and Tyrannicall Proceedings of this nature and one of the greatest Sufferers under them Not to dispute at present the Lawfulnesse of your present Power which many justly question The utmost I conceive you do or can pretend to is only the Power of the ancient privy Council or Council Table under our Kings not in its utmost latitude and exorbitances but as regulatedby the late Act against the Star-chamber Which Councill Table to my best remembrance never issued any Warant so illegall as this in all particulars against my self or others nor executed it by be meer Military Officers on the Lords own day as your Souldiers did this to proclaim to all the world how little they esteem or observâ— your new misnamed Act against travelling or arresting any on the Lords day the penalty whereof none dare to levy on Souldiers I shall only here briefly argue and evince the Illegality of your Warrant à Capite ad Calcem as well as my present restrained condition and want of Books and Time will permit me that you and others may see what ground you have to retract and to be ashamed of it as I hope you will upon the reading hereof First I conceive it wholy illegall in respect of the Persons to whom it is directed and by whom it is to be and was accordingly Executed which are not legall civill Officers of Justice as Sherriffs Iustices of Peace Maiors Headboroughs under Sheriffs Bayliffs Constables Serjeants sworn Messengers and the like the only lawfull Officers to serve and execute all legall Writs Processe Warrants whatsoever by the Common Statute-Laws and Customs of this Realm who are and ought to be known Refients in the County where they may be always found taking an Oath duly to execute their respective Offices according to Law and Persons of Estate able to render Dammages to the Presons they attach in case their Warrants be illegall or not legally pursued in the execution But meer Souldiers of fortune Strangers having no constant residence nor visible estates in the County to render me or others Dammages in an Action of Trespasse or false Imprisonment should we sue them and no legall Officers known or allowed by out Laws to execute Processes or Warrants from any civill Power no not in times of Warr especially where there is no necessity nor precedent resistance as in my case much lesse in times of Peace as now wherein
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 Jnsticâ— 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 pioâ—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 aâ— the most high most gloriâ—us â—mnipoteâ—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 frâ—e accesse aâ— open ear a speedy audience ready answer to all the just prayers requests of the very meanâ—st of his Creatures Servants here on earth especially in the times of their Dâ—stresse and hath registred this comfortable Precept backed with a Prâ—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 heâ—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 â—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 hâ—r coâ—â—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 fiâ—st mind you that Kiâ—g Philip of Macedon giving this ansâ—er to a pâ—â—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 siâ—ce my imprisonment in Dunster Castle you have found leasure enough to grant out an Oâ—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 nâ—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 prâ—cesse or Inditement upon mâ—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 Tâ—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 publiâ—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
save my life much lesse to procure my Liberty Dammages or Recordership 2. Had I once moved for any of these Writts I must either have taken their monstrous illegall Engagement diametrically contrary to the Oathes of Supremacy Allegiance of a Recorder the Protestation Vow League Covenant all which I had severall times taken upon sundry occasions and from which none could absolve me and to at least thirty other Oathes prescribed established by our Lawes and so have been guilty of manifold detestable perjuries to the wounding of my conscience reputation and damnation of my Soul Or else they would have presently pleaded in barre of these Writts I had not taken their Engagement and so by colour of their void unrighteous barbarous Knack of January 2. 1649. which their Tresylians strictly executed to their eternall infamy they would have made me totally incapable of the benefit of those Writts and that common Law Right Justice which belonged to me both by Birthright and purchase and by the expresse words of Magna Charta c. 29. ought to be denyed or delayed to no English Freeman Which consideration induced me to sit still till a fitter opportunity 3. My close restraints in remotest Prisons the generall temporizing Cowardice of those of the Long Robe to move for or grant such writs as these The fearfulnesse of all under Officers to execute them if granted And the improbability of any reall Justice or Right to be done unto me on them seeing those then and since chief Justices were either really or virtually parties to the warrants for my restraints and Injuries complained of being then Mr Bradshaws Associates at Whitehal have hitherto perswaded me rather to wait with patience for Enlargment Reparations Restitution in a Christian Just Honorable publique way in Gods due season then either preprosterously or posterously to sue for them in such a course wherein I can take no comfort for the present nor expect any just Reparations if pursued and which others have experimentally found A Remedy as badde or worse then their Disease and a new expensive fruitlesse vexation instead of a Just and Honorable Reparation of their Sufferings and Dammages sustained for the publique which will be fully recompenced hereafter in Heaven though never repaired rewarded by Ingrate or unrighteous men on earth If my Imprisoners or their Creatures shall except against the Title hereto prefixed viz. A New Discovery of Free State Tiranny or any phrases in my Letters or remonstrance as overharsh I doubt not but the remonstrance of my Several pressures therein comprised wil be a sufficient Apology for them And that speech of holy Job under his heavy affliction Therefore I will not refrain my mouth I will speak in the anguish of my Spirit I will complain in the bitternesse of my Soul wil be if not a Iustification yet at least an equit able excuse or extenuation of the earnestnesse or bitternesse of any expressions throughout in these Epistles or Remonstrance which I intitled as aforesaid because in most things parallel with my New Discovery of the Prelates Tyranny compiled published soone after my enlargement from my long Imprisonments and close restraints under them the Old Councel Table at Whitehall whom my last Imprisoners there succeeding them not only imitated but in some particulars farre exceed in Tyranny and Injustice towards me And seeing I never yet received from any of my former or these late injurious Imprisoners the least voted or voluntary Recompence for all my Losses Dammages Expences Suffrings under them to the endangering of my Life health and great impairing of my Estate I hope they will give Loosers leave to write and allow me Liberty in some sort to Right and Recompence my selfe in this their Default to publish the groundlesnes of my Imprisonment to the world as I did to themselves in private to repair my Innocency and Reputation blasted in many mens Opinions through an implicit faith of some concealed guilt and High Crimes in me for which I was so long so strictly restrained by them in remotest Castles injuriously thrust out of my power Recordership of hath though I recover no other Recompence from them as I may doe in due season for my extraordinary Dammages thereby sustained in my person Calling estate upon these accompts I submit both them and the grounds of their publication to thy Censure recommending them to Gods blessing for the whole English Nations future benefit and infranchisement and to deterre other Grandees from the like Extravagancies towards me or others in future ages If thou or the publique reap any good thereby let God receive the Glory the Author only a share in thy constant fervent prayers That as he hath formerly like blessed Paul been in Labours more aboundant in Prisons more frequent then others So he may for the future more abound in spirituall graces Christian Fortitude heavenly mindednesse inward consolations publique Services for God Religion and his Country then others notwithstanding all forepast discouragements and ingrate requitals from men on earth towards him who expects his reward from God alone in Heaven March 16. 1654. William Prynne Mr. Prynnes first Letter to Mr. John Bradshaw touching his unjust apprehension and close restraint in Dunster Castle by his illegal White-hall Warrant Hab. 1. 2 3 4. O Lord how long shall I cry and thou wilt not hear even cry out unto thee of violence and thou wilt not save Why doest thou shew me iniquity and cause me to behold grievance for spoiling and violence are before me and there are that raise up strife and contention Therefore the Law is slacked and judgement doth never go forth for the wicked doth compasse about the Righteous therefore wrong judgement proceedeth To his Quondam kind Friend Mr. Iohn Bradshaw Serjeant at Law at White-Hall present these SIR YOur former intimate familiarity with and pretended cordial affections towards me before mounted up to your present Greatnesse have emboldned my instant nnexpected new suffrings necessitated me to complain That on the 30 of Iune last being the Lords day about XI of the clock at Night a party of Horse under the command of Captain â—enkins and Major Robinson beset my House at Swainswick in the County of Somerset where I lived a retired Country life and endeavoured to break open the doors thereof whiles I and my servants were sleeping quietly in our beds who upon their entry into it seised my Person searched my Study Chambers Rooms with all Trunks and Boxes therein for Papers Books records taking away such as they thought meet and then marching with me through the Citie of Bristol in triumph with Trumpets sounding as their Prisoner in the head of two Troops and after that conveying me through the Country with Draggooners brought me prisoner to Dunster Castle And all this by the Colour of your White-Hall warrant dated the 25 of Iune directed to Major Robinson Governour of Dunster Castle thus signed with your
the Sâ—eriffs and Justices only are to suâ—presse all force and sumults if there be any need by the Posse Comitatus in which cases Souldiers are only to assist them as auxil ariâ—s not as sole as princible Officers or Executioners as in and by your Warrants they are now usually made against Law and the practices of all former ages Which late illegall Vsage of imploying Souldiers in this kind to arest mens Persons break up and search their Houses reputed High Treason and a levying of Warr against the King and his People in Straffords case the very last Parliament as it hath allready occasioned many Barbarous Murders dangerous Burglares and Roberies in sundry places and in the very heart of of London it self by Souldiers and others pretending Warrants from your New Council of State or others in present power to apprehend Delinquents or search for Armes Papers c. so it is like to produce many more sad Tragedies and outrages of this kind to the endangering of all mens Persons lives estates thus prostituted to the violence rapine of every Rogue Thief Villain who shall but counterfeit himself a Souldier and pretend your Warrant for search of any mans house study or apprehension of any mans Person he hath a design to rob or murther Which common mischief can be no otherwise prevented but by directing all warrants only to known Officers according to Law â— publick Declaration to all the Kingdom that no Souldiers or others under Pain of death shall dare presume to execute or counterfeit any such Warrants for the future it being no part of their calling or imployment and a great oppression and terror to the People contrary to the expresse clause of the Commissions of the Peace and of Oyer and Terminer against such who ride armed in companies to the Terrror of the Kings people who cannot easily distinguish who are Souldiers really imployed and who are Counterfeits and have sometimes been affrighted not only to sicknesse and great distempers of spirit but even to death it self by the sudden violent Attachments and searches of Souldiers of whose rudeness and incivility in their executions others have much complained though those who seised me were as respective towards me as your warrant would permit transgressing only in the unseasonablenesse of the time and illegalities you injoyned them 2. Your warrant is directly contrary to Law and the Subjects Liberty in that it commits me Prisoner yea close Prisoner â—efore without the least Accusation conviction of any particular Crime any hearing â—xaminingâ— what I can say for my self and so a meer forejudging of me going to â—xecution before the fact examined contrary to all forms of Legal proceedings in all criminal causes whatsoever where the accused Persons for any Trespasse Felony or Treason are first sent for examined in the presence of their Accusers before they be committed Contrary to the very proceedings of the most exorbitant High Commisioners who at first only summoned not attached me for my Perpetuity after that for my Cosens cozening Devotions to appear answer the same before them Contrary to the proceeding of the Lords atthe Councill Table it self for my Histriomast ix suggested to be Seditious and Scandalous in the Superlative degree to the King Queen Court Councill Kingdome Government who yet thereupon only summoned me by a single sworn Messenger to appear in the Inner Star-chamber before them to answer such things as should be there objected against me for that Book but never once seized or Committed my Person untill after they had examined and heard me concerning iâ— such was their Iustice and moderation towards me in their first Processe whereas you now commit me close Prisoner at a great distance before yea without any Summons hearing or examination I know not for what pretended writings So much do you now out-strip them in violence injustice Whereas if you had ought against me you might have summoned me to appear before you whiles I was in London the last Term in commons or since that residing openly constantly at my country House without absenting my self or being ever yet a fugitive and examined me as they did before you thus rashly committed me hand over head in such a notorious way of violence in the face of all the County and Kingdome who cannot but conclude you are more Tyrannically exorbitant herein than ever the King or Prelates were against me and have hereby most notoriously infringed Magna Charta c. 29. the Statutes of 25. E. 1. c. 1. 2. 28. E. 1. c. 1. 5. E. 3. c. 4. 37. and 42. E. 3. With other Acts collected by Rastall in his Abridgment tittle accusation the Petition of Right the Resolation of the three last Parliaments and all our Law-books which directly enact adjudge and declare That no Freeman ought to be attached or imprisoned upon any Accusation or suggestion made to the King or his Councell much less then unto you unlesse it be by Inditement impeachment of his good and lawfull Neighbours or by Processe made by a writ originall at the common Law And if any thing be dâ—ne against the same it shall be reversed and holden for none Which Laws you have sworn professed covenanted to observe and are bound to do it as a Lawyer much more as a Christian it being the very Law of the Pagan Romans Acts. 25. 16. and of the very Jews themselves Iohn 7. 44 c. whose Officerâ— refuse to apprehend our saviours Person upon the High Priests warrant because never man spake as he did and their Law judged not any man to be apprehended much lesse imprisoned before it heard him and knew what he doth Wherefore you cannot but recalâ— and condemn this Warrant and its execution as most repugnant to these Statutes and the very Law of Nature of Nations and Gods own Proceedings with the worst of men 3. Every Warrant of Attachment Sr. Edward Cook proves at large in his 2 Institutes On Magna Charta c. 29. ought to be to summon or bring the parties to be examined before they be committed and every Mittimus after examination ought to expresse the cause justly and time for which they are to be imprisoned as during pleasure or till further order or till they shall put in bayl or be delivered by Law as likewise the manner how they shall be tryed for what they are accused and not be absolute as a Iudgement or sentence after hearing But your Warrant is a meer Iudgement before hearing or examination without any such causes committing me close Prisoner without any limitation of time and so for ought I know during life or ever intending to bring me to any legall examination or Tryall Therefore altogether illegall in this respect 4. The Statutes of 5. E. 3 c 8. 23. H. 8. c. 2 and 5. H. 4. cap. 10. enact That the Prisons to which evill doors shall be committed for their evil offences shall be in the most eminent
populous Towns of the County where the Assises or Sessions are usuâ—lly kept and where is most resort and repair of People that they may be the oftner visited the better relieved by their Friends and others and THAT NONE SHALL BE IMPRISONED IN PRIVATE CASES And the Book of 21. E. 4. 71 Brook Imprisonment 80 is express That no Court can imprison any but in their proper prisons belonging to them and that the Fleet is the proper Prison to the Star-chamber and Palace whither they ought to commit them else men through malice and Power might be sent to obscure Castles and remote Prisons and there starved or destroyed for want of necessaries or purposely murthered out of malice or design be private Persons which they cannot so easily be in in common Goals where are store of Company and the common Goalers themselves sworn and bound by Law to treat their Prisoners well may be indited and punished for abusing them Vpon which Statutes and grounds the whole House of Common resolved it thrice upon the Question afterwards the whole House of Lords thrice voted and adjudged my imprisonment in Carnarvan and Mount Orguâ—il Castles Dr. Bastwicks in Lanceston and Syllye Castles and Mr. Burtons in Lancaster and Gernsey Castles both by sentence of Star-chamber the old Council tables warrants to be contrary to the Law and Liberty of the Subject Your warrant therefore for my imprisonment in Dunster Castle never yet a Prison under the Custody of Souldiers only not of a Lawfull Gaoler especially being no Prisoner of war nor ever in arms is diametrically contrary to these Statutes Votes Resolutions the Law of the Land and Subjects Liberties And so much the rather because tho there be good Ayr and prospect in the Castle yet there are no Provisions at all within it for the body or soul No meat to be had dressed but at great distance from the Castle which is very chargeable and inconvenient to a close Prisoner and no preaching Minister setled either in Castle or Town to comfort or feed the soul or to which by your Warrant I may resort and it is above 50 miles distant from my house where I have no Friend nor accquaintance near to visit or supply my wants And so parallel to my close imprisonment in Carnarvan and Mount-Orgueil Castles yea worse in one respect â—hey being after a kind of publick hearing and sentence in a Court of Iustice and this onely by a privâ—te warrant before any hearing examination or accusation that I hear of by those who have been my friends and for ought I yet know have no legal power to commit me in any case as that Court had in some cases though not in such a manner or to such Prisons as then or now 5. Your warrant is defective and illegal in the very grounds of my commitment which are meerly generâ—ll and uncertain viz. For his seditious writings and practices against the common-wealth without particularizing what these writings or practices are or when or where published committed or by whom or in what manner suggâ—sted or proved before you or against what Common-wealth or fâ—rm of Common-wealth in particular whether of England Scotland Ireland or of any particular County Corporation or Society within them which are reall Common-wealths within themselves Which generall uncertain charge and slander against me so great an advocate for the true interâ—st and Republick of England as all my writings evidence imports just nothing but either maliciâ—us suggestions groundless suspicions or feigned pretences against me to deprive me of my Liberty and were long since voted and adjudged in the Parliaments of 3 4 and 16. Caroli in the cases of Sr. John Eliot and others committed prisoners to the Tower Fleet and Gate-house by the Lords of the Councill by the Kings speciall command for stirring up sedition and sâ—ditions Practices against the state the very same your warrant suggests against me to be too generall and illâ—gal and no grounds at all for a commitment no more then schismatious inveteratus resolved to be too generall a cause of a clerkâ— refusall by the ordinary in Cooks Reports 6. Your Warrant chargeth the Governour to imprison me in the Castle and not to suffer mâ— to have conferencâ— with any but in his presence and bearing nor to send or receive any Letters but such as he shall peruse A clause of the highest restraint and oppression I ever yet suffered or met with For if the Governour voluntarily or necessarily absent himself I must neither speak with nor write to any man upon what urgent occasion soever nor receive any Letter of whatso ever importance be shut up a close Prisoner night and day alwayes guarded when I take the air in the Castle as now I am and not repair to any Church or meeting to hear fast pray receive the Sacrament nor send my own Servant out of my Chamber or the Castle as now I cannot for any necessaries for fear of infringing this strict formidable Warrant which puts me into the self same condition I was in at Carnarvan and Mount Orgueil Castles and will prove as fatal to my own and all Freemens liberties of England if not recalled and exploded with highest indignation as those my Râ—straints and close Imprisonments were with my Brother Bastwicks and Burtons too by the Votes and Judgement of both Houses whereof I think meet to give you this full account When I was first committed to the Tower by the Lords of the Council for my Histriomastix suggested to be seditious and scandalous in the highest degree the words of the Lords Warrant to the Lieutenant were to require him to keep me safe Prisoner in the Tower without giving free accesse unto me until he should receive farther Order yet this warrant though all my friends had present free accesse to and conference with me in publick and private without any restraint or perusal of Letters to or from me not expressing any particular cause for my commitment was by the unanimous Vote of the whole House of Commons 20 Aprilis 1631. in these words resolved to be illegal Resolved upon the question That the imprisonment of Mr. Prynne in the Tower by a warrant under the hand of Thomas Lord Coventry and others therein named IS UNJUST and ILLEGAL And that they ought to give Mr. Prynne satisfaction for his damages sustained by that Imprisonment And in my Brother Burtons case â— committed close Prisoner to the Fleet by the Lords for preaching and publishing a seditious Sermon and Book as they termed it intituled For God and the King the House of Commons the 12 of March 1640. passed this Vote Resolved upon the Qâ—estion That the Warrant from the Council Boord d ted at White-hall Febr. 2. 1636. for the committing of Mr. Burton close Prisoner and the commitment thereupon IS ILLEGAL AND CONTRARY TO THE LIBERTY OF THE SUBJECT And that he ought to have reparations for his dammages
sustained by this Imprisonment And whereas we both with Dr. Bastwick for pretended seditâ—ous Books and Practices were after a kind of heaâ—ing in Sâ—archamber sentenced and ordered To be kept close Prisoners in 3 remote Castle and after that by Order and Warrant of the old Council Table removed into 3 Castles in the Ifles of Jersy Gerxsey and Silly and there for preventing the danger of spreading our pretended schismatical and seditious opinions ordered to be kept close Prisoners and none to be permitted to have free conference with or accesse unto us but only such faithful and discreet persons as should be appointed to attend us and that no Letters or Writings should be permitted to be brought to us or sent from us to any person or persons and if there should be any such brought or sent that the same should be opened by the Governors or their Deputies and if they contained any thing material or considerable that the same should be sent to one of his Majesties principle Secretaries the substance of your present Warrant which seems but the Copy of it in this particular the whole House of Commons three several times upon the question resolved and the Lords upon our three distinct hearings thrice adjudged Those Sentences Orders Warrants and restraâ—nts therein contâ—ined TO BE AGAINST THE LAW AND LIBERTY OF THE SVBIECT the Great Charter of England and other fore-cited Statutes and that we ought to receive Dammages for the same from those who had a vote or hand therein Which illegal Sentences Warrants of Restraint and Exile as you and your associates well know were the principal occasion of Suppressing both the High Commission Starchamber and Council Tables exceâ—ses by two special Acts of Parliament and one principle charge against beheaded Canterbury Wherefore I cannot but stand amazed to find you not only imitating but in some sort exceeding them in this your Warrant being privy to these Votes and of Counsel to some of us declaiming as bitterly against such illegal restraints and the Authors of them as any which yet now you practice with an high hand against all these Votes in my very case which will fall heavy on you I beseech you therefore sadly to consider what all my Friends yea your best Friends and Enemies too will think report of you for the present and register to posterity and what our whole 3 Kingdoms and Forein Nations will judge of you and your Associates for this your warrant and close restraint of me thereby Will they not report publish to all the world that you are more cruel tyrannical extravagant unjust than the beheaded King condemned by your own Sentence for a Tyrant or than Canterbury Strafford the High Commission Star-chamber or old Council Table and that your little singer is now grown heavier than their whole loyns not only to your Enemies but Friends Yea that you deal worse with me than the most bloudy Tyrant Nero did with Paul when Prisoner under him at Rome though charged for a pestilent fellow stirrer up of Sedition among the Jews throughout the World who yet had there free liberty without the least restraint publikely and privately to confer with send for yea preach to whom he pleased and to receive all persons and Letters too that came unto him no man forbidding him Acts 28. 14. to the end Nay worse than men by Law can deal with their Trespassers or ill-Tenants Beasts which ought to be kept in â—n overt open Pound where the Owners and all others may freely visit feed relieve replevy them at their pleasures without restraint and not shut up in a close room where none may see or feed them but by the oversight and leave of others as the Statute of 1 2 Phil. Mary c. 12. 5 H. 7. 9. with other Law-books resolve Nay worse than the late Parliament dealt with Strafford or Canterbury when impeached of High Treasons of the greatest magnitude against the King and Kingdom by all the Commons of England who had no such restraints of Conference or Letters on them as you now lay upon me but absolute freedom of both and full liberty of the Tower till Strafford endeavoured an escape from thence And will you deal more rigorously with me than the Parliament did with these Arch-Traytors Let not such an oppression an exorbitancy as this be ever heard of in Askelon or published of you in Gath lest all your and my Enemies should rejoyce thereat If you pretend necessity of State or the publike Peace and safety for these Illegal Proceâ—dings it is but the very same Plea the Prelates pretended for my close Imprisonment and banishment heretofore the King for the Loans Excise Shipmoney and the Army for my last restraint violence to both Houses and their secured secluded Members A plea which soon resolveâ— into Scelera sceleribus tuenda and necessitates men at last to commit one violence sin wickednesse after another till they perish in their villanies and sink down quick into Hell and is at this day the greatest Argument Instrument the Devil hath to precipitate men formerly moderate mercifull just religious into most â—xorbitant scandalous violent unrighteous Actions Designs and to induce them to proceed impenitently from one extremity to another which they formerly most severely censured sentenced in others yet now approve and justifie in themselves when they find their own interest concerned or their carnal fâ—ars or jealousies of others really Innocent suggesting any thoughts of some close designs against their wayes of violence and publike desolation instead of sincere repentance confession and reformation of what their own consciences inform them secretly to be evill and unjust Wherefore I desire you in this case to beware of this most dangerous snarâ— of the Devill and that maxim now in many mens mouths unworthy men or Christians Over shooâ—s over Boots We are engaged and therefore can neither with honor safety nor prudence recede from what we have done amisse When as all our honor safety prudence and eternall salvation too consists only in our retreating actuall repentance and satisfaction to the parties injurâ—d in suh c ases by our unrighteous dealings aâ—d oppressions because we have onely present power in our hands to oppresse and injure them 6. Your warrant orders them to search all my Chambers ' studies and places in my house for Papers Writings Records and before any accusation or conviction the highest strain of Regall Prelaticall high-Commission and councill-Table Tyranny râ—solved by the two late Parliaments and whole house of Câ—mmons to be an high intrenchment upon the Subjeâ—ts Liberties and property contrary to Magna Chartâ— the Petition of Right the Judgment in Sâ—maiâ—s case much censured by Sir Edward Cook in his 4th Institutes in the Chapter of Justices of the Peace and in the cases of Mr. Creâ— Mr. Pym and other members oâ— Parliament â— and such a one I yet am if the former Parliament
else all John Bradshawes companions though absent or dissenting to its guilt though issued in their Name and by their Order without their parties or consents 3. Because it contains no crime nor just cause at all for which he was formerly kept Prisoner at Dunster Castle or Taunton or since Imprisoned in Pendennis as it ought to do by the expresse provision of the Petition of Right and all ancient Statutes therein recited the Votes and Resolutions of Parliament in the large debates of that Petition with all other Parliaments since the Resolves of both Houses and most of your selves in his owne and Mr. Burtons late cases the judgements of all our Judges Law-books and Sir Edward Cokes Institutes on Magna Charta Ch. 29. Printed by the Commons House speciall Order and the Statute of 42 E. 3. c. 12. declaring all such generall Warrants against these Statutes and Magna Charta to be void and nul in Law to all intents 4. Because it is grounded upon no precedent legall Examination Conviction of or Processe or Indictment against him as by these Statutes Laws Law-books Resolves it ought to be 5. Because it enjoynes or rather desires him to be kept Prisoner in Pendennis Câ—stle not upon it or any lawfull Warrant specially directed unto the Governour thereof but upon the same Warrant upon which he hath been Prisoner at Dunster Castle anâ— then was at Taunton when this was issued Which Warrant for his first imprisonment at Dunster being likewise generall and void in Law because it containeth no particular offence at all for which he was there imprisoned and if good in Law yet directed personally to Major Robinson alone then Governour of Dunster Castle and none other not to Colonel Disbrow or Captain Shrubsoll or any Governour of Taunton or Pendennis Castle and restraining him and his imprisonment only to Dunster Castle not to Taunton or Pendennis Castle above 120 miles distant from the former and situated in another Countrey And your first Warrant being in Law quite nulled expired by your demolishing Dunster Castle and removing the Governour Major Robinson and the whole Garison who there kept and to whom only you committed him totally and finally thence and he being no Prisoner at all at Taunton upon that or any other Warrant from you it is both impossible absurd unwarrantable illegall and beyond all extravagant Presidents of former times to keep him up close Prisoner so long in Pendennis Castle upon the same void nulled expired illegall warrant only directed to others upon which he hath been Prisoner at Dunster Castle to which it only confined him but never really to Taunton and it must needs be a great Solecisme in Law and Clerk-ship at least if not in State policie and Statesmen toâ— issue out such a Warrant and imprison any intelligent Lawyer or English freeman in three remote Castles under severall Governours by colour of one meer void illegall Warrant to imprison him only in and under one of them a thing never heard of in the world before 6. Because it ordered him to be removed against his will perforce out of his one Native County and sent to and kept Prisoner in a remote Castle in a forain County in the extreamest Western part of the Island not properly belonging to the restraining jurisdiction of any Legall Court Councell or Power by any known Law where he can neither-be legally tryed nor proceeded against for any reall or pretended crime only acted in other Countries nor this for which he is thus restrained contrary to expresse Statutes of 5. E. 3. c 8. 28. H. 8. c. 2. 5. H. 4. c. 10. 1. E. 1. c. 5. 4. H. 4. c. 13. 23. H 8. c. 9. 1. 2. Phil. Mar. c. 12. 21. E. 4. f. 71. Brook Imprisonment 80. Protestation 18. the late Votes and Resolutions of Parliament as well of the Commons as Lords in his own and fellow-sufferers cases sent first close Prisoners by the Star-chambers sentence and after by the old Councell Tables orders to such forain Castles Prisons against these acts and the subjects Liberty for which ill president now pursued and exceeded by you both Houses and most of your selves voted the Starchamber Lords and your Whitehall Predâ—cessors to be Delinquents and to render Damages to them though done by and after a Bill and Sentence when as ye now do it before any Sentence or Impeachment at all much lesse any hearing or sentence against him 7. Because this Warrant is directed only to Colonel Disbrow not commanding but only desiring him to give order for his removeall from Taunton to Pendenn is Castle and that he be there kept upon the same Warrant upon which he hath been Prisoner at Dunster and then at Taunton Which Colonel being no known sworn Officer of Law or Justice in the Counties of Somerset or Cornwall but only a Military Commander and he being no Prisoner of Warre or Souldier subject by any Law of England to his Military power nor yet his Prisoner there or since that time and this Letter of yours rather then Warrant making his inherent power and Order alone the only authority both for his remove and restraint at Pendennis without any speciall or legall derivation of any such power from yourselves who in truth have no more lawfull power for it then he who had none at all Therefore it can in no Court of Law or Justice be any legall Warrant for a Colonel or any other to remove him hither or detain him Prisoner here upon it or the former Warrant 8. Because the sole ground for his remove from Taunton within his native County to this forain County and Prison is only a bare information to you without hearing of him to disprove it That Taunton is an unfit place for his Imprisonment which as it is no crime nor ground at all in it self for his imprisonment elsewhere so it is a strong Argument of the injustice of his imprisonment at Taunton and of your warrant and of his translation to and imprisonment in Pendennis Castle in the remotest County it affording no such fitting accommodations in any kind for his soul or body in sicknesse or health whe reof it is wholly destitute as Taunton doth and being a meer private Castle only in a forain Shire not a Market Town where the Assizes and Sessions are usually held as Taunton is wherein alone all Prisons and Prisoners in all Counties ought to kept under known sworn Gaolers and Officers not in private Castles under Souldiers by the expresse Statutes of 5. E. 3. c. 8. 5. H. 7. c. 10. 23. H. 8. c. 2. and that for their better relief accommodation security and more frequent visits by their friends Therefore this must be a far juster ground for you to release or to translate him from Pendennis now then to send him thither at the first or detaining him still close Prisoner there 9. Because neither this nor the former Warrant is directed to the Governour or any other Officer
of Pendennis Castle to detain him Prisoner there as by Law it ought to be for the first warrant is directed by you only to Major Robinson the second only to Colonel Disbrow who are neither Military nor Civil Governours nor Officers in Pendennis and keep your originall Warrants for their own indemnity sending only a bare copy of them without time or date to the Governour of Peâ—dennis to whom neither of them are directed by you to detain him Prisoner by which can be no Plea nor Warrant in Law in any Court to justifie his imprisonment in this place by Captain Shrubsoll who yet without any other Warrant but this Copy alone of yours to Disbrow hath injuriously restrained oppressed and close imprisoned and kept him from Gods publick Ordinances as aforesaid beyond and against all Warrants by colour only of this his datelesse Copy forecited 10. Because this Warrant doth not so much as mention his known Christian name WILLIAM as by Law it ought but his Surname only nor so much as expresly command him to be kept Prisoner but barely kept at Pendennis Castle which he may be and yet not as a Prisoner or close Prisoner upon the same void illegall expired Warrant upon which he hath been Prisoner at Dunster Besides it neither commands or requires but only desires Colonel Disbrow that he may be removed and kept here not for any certain time or till delivered by Law or brought to his legall Tryall for that nothing in this warrant for which he stands here committed but meerly till further Order from you which may be till death or doomesday if you please and yet seem to resolve for all which causes as well as the former it is both void and illegall as Sir Edward Coke resolves in his Institutes on Magna Charta c. 29. ratified by the Commons own Order for its impression 11. Because it gives no expresse command nor precept either for his translation hither or restraint here nor concludes as all legall Warrants do And for your so doing this shall be your Warrant and hereof fail not at your perill but barely desires his removall by Disbrow and keeping here rather as a cuortesie then commanded duty concluding only And WE DESIRE YOU to certifie any other as well as you for us is not expressed if intended what you shall do herein in his removall thither not in his keeping there where he is no Officer nor Governour Therefore illegall and no Warrant at all 12. Because if this Copy be true as they both attest under their hands then this Warrant hath neither time when nor place where it was dated nor person to whom it was directed Therefore illegall null invalid Now how much it will redound to the Honour of your wisdome justice reputation of your Clerks and those Lawyers associated with you to advise you in points of Law to issue forth such a defâ—ctive null void illegall absurd impâ—ssible nugatory Warrant as this in all the 12. forecited regards and so long to restrain imprison close imprison him in this remote Castle upon a bare Copy thereof and still to detain him Prisoner thereupon notwithstanding all former addresses to you by himself or friends for his enlargement hence and what all rationall men in present in future ages will judge of your strange exorbitant proceedings of such nature or how you will clear justifie or excuse them before any future Parliament or new pretended but as most now think never really intended Representative of the Nation so often promised but still as long deferred as his liberty or any other impartiall Court of Justice on earth if ever there legally examined upon complaint or before Christs own inpartiall unavoidable Tribunâ—ll at last where you must shortly render a strict account thereof to this Righteous Judge of all the earth without any armed Gardians to secure you against his Justice in the presence of all his holy Angels and the whole world of Mankinde Where himself hath resolved beforehand in his very Gospell that he will passe this irrevocable sentence against all such who only refuse or neglect to resort unto visit feed cloth and relieve his imprisoned believing members for this their bare omission Go ye cursed into everlasting fire prepared for the Devill and his Angels FOR I WAS SICK AND IN PRISON AND YE VISITED ME NOT c. And will therefore certainly pronounce a severer doom against all such unrighteous Grandees who actually without cause crime tryall maliciously cast his formerly suffering members into Prisons and detain them close Prisoners under terrifying armed Gards and Sentinels in remote obscure Castles far from all friends or acquaintance of purpose to disable deter all others from visiting feeding clothing and relieving comforting them in their necessities or sicknesse therein and yet year after year most inhumanly refuse upon their Oaths frequent sad complaints and impoâ—tunities to release visite relieve or right them And what you will then be able to alledge for your selves to prevent any human censures here or such a fatall sentence from Christs own mouth hereafter for the premises he most seriously refers to your own awaked consciences and most serious contemplations if now after this his Remonstrance and full information of your Warrants Illegality and Nullity by which he hath been restrained you shall wilfully neglect or peremptorily refuse immediately to release and fully to repair him who by colour thereof hath been kept a closâ—r Prisoner under you before any charge or hearing then formerly under your tyrannicall condemned Predecessors at Whitehall after two bils hearings and their severest censures and denyed so much Prison freedome as very Popish Priests and Jesuites formerly obtained did and still enjoy if you have any such now Prisoners under your Regency even in their very strictest prisons when convicted condemned even of the greatest highesâ— treasons both against King and Kingdome And seeing you have freshly exhorted enjoyned all sorts of person in the Nation to make publick and private confessions to God of all their personall and nationall sins which have provoked his wrath kindled new warres with our very formerly confederated Brethren and threaten many heavy judgements to the Nation if not cordially lamented speedily and really reformed and for this end have appointed a generall solemne Fast and day of Humiliation on the 13. of October next to divert Gods incumbent imminent judgements and procure peace And for as much as God himselfe the God of Judgements Vengeance Warre Mercy Peace hath frequently declared in his sacred Oracles that Oppression Injâ—stice Violenâ—e Spoyle Cruelty depriving any of their just Liberties Rights Inheritances Estates by meer arbitrary Power and the oppressing Sword without just cause Right Title or Legal tryall imposing heavy yâ—akes of bondage on the neckes and intolerable burthens on the backs Estates of men by illegall Taxes or Exactions next to Apostasie and most grosse Idolatry are the greatest Wrath-procuring State subverting Realm-destroying
Warre-ingendring Land-desolating Soul condemning sins of all others which have utterly destroyed subverted extirpated and brought to nought not only many potent Kings Princes Potentates Nobles Grandees of all sorts with their posterities but even whole Kingdomes States Republicks beyond all humane probability as the Histories of all former ages and recent Presidents of your immediate Whitehall Predecessors experimentally confirm whose injurious oppressive proceedings Sentences against him causelesse long imprisonments ofâ—this Remonstrant were one principall occasion of their downfall and of that very Star-chamber Court wherein they censured him And because God hath likewise positively resolved Isa 58. 6 7 8. That this is the chiefest the only fast which he hath chosen and appointed to pacifie his wrath avert his judgements cease all Warres restore establish Wealth Peace Setlement and prosperity the proper effects fruites of Righteousnesse and true Justice to an afflicted Realm or Nation to loose the bonds of wickednesse and such are all injurious illegall Warrants close Imprisonments Restraints and his fore-remonstrated in the highest degreen to undoe the heavy burdens and are not his and the other long continued unwarrantable publick Taxes Excises extraordinary Prison expences and grievouâ— unredressed pressures imposâ—d by you such to let the oppressed go free and is not he such an one in the highest degree as well now as heretoâ—ore in his person freedome calling estate friends and all earthly comforts by your forain close imprisonments so long continued on him after all his ancient oppressions and that ye break every yoak and are not his present restraints from all free private or publick converse with any rankes of men by word or writing by muing him up in forâ—in Prisons under armed Guards Centinels debarring him from all Gods own Ordinances all legall wayes or writs for his enlargement yoaks nay iron yoaks to him Your keeping oâ— him and the whole Nation so many years together when the King and both Houses would and might have setled a most desired blessed Peace without further armes or bloud-shed under the overâ—wing Parliament-subverting Law-oppressing Sword Power Discipline of a disobedient Army subverting those very ends powers persons for whose preservation and defence they were professedly raised waged continuing them still in extraordinary pay both Winter and Summer with little or no diminution of their number to the totall consumption of all the Lands Rents Revenues of Archbishops Bishops Deanes Chapters King Queen Prince of many thousands of Delinquents the undoing of some thousands of well affected persons the generall impoverishing of most men throughout the Nation and threatning a speedy consumption of all yet remaining if longer continued and that rather to enslave then enfranchise us to promote their own Officers and others private Wealth Greatnesse then our reall publick weal liberty safety or our Religion The maintaining of many superfluous Garisons Castles more to imprison secure him and the other causelesse Prisoners in them then defend the Nation by them the usefullest of them even at the entrance of our chiefest Harbours being experimentally found to be meer Scare-crowes to fright cowardly unexperienced Seamen only but unable with all their mounted Canons discharged suddenly if there be occasion only one by one at Rovers and great uncertain distance and that but once or twice at most with round bals by none of the skilfulest Gunners unable to hit unlesse by chance much lesse to stop hurt spoyle strike any single Ship or Vessell passing in or out of the Harbors when as old late and present experience in our latest Sea fights prove that 10 20 30 40 50 100 whole broad sides and greater better tyres of Ordinance then any in our Forts discharged together at one stout ship by skilfullest Gunners at nearest distance with better aime with key or crosse chain shot will hardly split or sink it which no Fort no Castle that we read of ever yet did nor stay take any resisting Vessell without grappling with and boarding her which Forts cannot do much lesse can they hinder the ingresse egresse or regresse of any considerable Squadron of Ships or a whole Navie or impeach the landing of an Army by or under their very noses or in places out of their Guns command as ignorant people dream as the forcible landings of your forces though small in the late reduced Islands of Silly Jersie the Barbadoes under their very Forts and Canons without the losse of any one Ship or Vessell by their Canons and Blockhouses and of the losse of very few Mariners or Land Souldiers with the taking of Cadez and many fortified Towns in the Indies heretofore by Sir Francis Drake and others without the losse of any one ship by Canon-shot manifest beyond all contradiction such Forts serving only in truth to maintain many â—asie Gunners and Montrosses at 8 10 12 l. pay a week or more in many Forts meerly to shoot away vast proportions in a year of Powder and Bullet in meer complement and salutes of men of war and other Ships who waste more Powder Bullet in saluting resaluting Ships and in other idle frolicks upon Visitants and Newes of good successes then their salaries amount to and to maintain many thousands of lasie idle Souldiers whose labour would be far more profitable to the Nation then their service at 5 s. 10 d. pay each week and their Officers at double treble 4 6 or 8. times as much more only to burn Match to take Tobacco stand Centinel to walke or look about them some two or three houres in three or four whole dayes space or more which they call Duty and exercise once in two or three months time for so many houres to shoot away their powder when as poor Labouring men of all sorts must work hard all the week long for lesser gain and wages then these idlebees receive for this their lasie uselesse duty and yet pay heavy weekly Taxes duly under pain of plundering to maintain these Lurdánes to so little purpose Are not these think you yoaks nay heavy unsupportable Iron yoaks far heavier then those wooden ones of a little Shipmony only once a year under which we formerly groaned till we brake them fit now to be broaken on your Fast-day after so long a continuance of them by you on our Nations galled wearied necks There is yet a second part of that Fast which God now cals for from you to deal your bread to the hungry and are there not now many such amongst us by your unrighteous depriving them of their Liberties Callings Imployments Revenues Husbands Servants Children Estates publick Offices and the benefit of our very Lawes to regain their own and detaining their publick debts as you do his To satisfie the afflicted soul and is not his soul such by your remonstrated pressures and thousands of souls more by other grievances To bring the poor that is cast out as he is by you from his House Liberty Calling Family Kindred Friends all
Saints and Servants Rev. 2 16. And further assures us That Christ at the last Judgement will say to those who did but only not feed cloth and visit the least of his Saints when they were in Prison Depart from me ye cursed into everlasting fire prepared for the â—evil and his Angels What an heavy Doom then will he passe against those who against all Rules of Law and Justice cast them into Prison and will there neither feed cloth nor visit but starvâ— their bodies and souls too as much as in them lyeth by depriving them of Gods Ordinances and all means of livelihood as you do me after all my former great losses and long-continued suffrings I cannot as yet be so uncharitable as to believe you design the ruine of my soul body and wasted Estate but if you de facto do it by this injurious restraint your sinne is as great as if you did design it If you think to justifie or excuse these Irregularities and unjust violent Proceedings against me by pretext of Necessity and publike Danger the only thing in Justification I yet hear alleged by your Instruments As this will be no Plea at all before Christs Tribunal in the great day of Judgment who prohibits all kind of violonce injustice oppression injury upon any Pretence what soever and will severely punish it their Damnation being most just who do evill upon this unrighteous ground that good may come of it So it will not hold water before mans Tribunal being resolved declared by the Judgement of both Houses and an Act of Parliament in cases of Shipmony Excise Loans to be no cause nor Justification of a Distresse much lesse of an Imprisonment And it being a Necessity and Danger of your own making not mine the Rule of Law is That noman shall take advantage of his own wrong to the prejudice of another The late Beheaded King in his Answer to the Petition of both Houses 26 Martii 1 642. is so ingenious as to confesse That the violating of Laws by his Ministers and the mischief that then grew by Arbitrary Power was made plausible to Us by the suggestion of Necessity and Imminent danger and thereupon he gave both Houses this caution And take you heed you fall not into the same Error upon the same suggestions which in his Answer to the Remonstrance of the Lords and Commons of the 9th of May 1642. he thus seconds And therefore we had good cause to bestow that Admonition for we assure you it was an Admonition of our own upon both Houses of Parliament to take heed of inclining under the specious shews of Necessity and Danger to the exercise of such an arbitrary Power they before complained of The Admonition will do no harm and we shall be glad to see it followed And therefore for you or those now acting after these two serious Admonitions to pretend Necessity and Imminent Danger for these with other Arbitrary courses Proceedings condemned in and by the King himself and the whole Parliament must be the hight of Oppression Injustice and will render you more detestable to the Nation and World than ever they did the King or his Evil Counsellors To trouble you no further at present I shall only inform you That the Commons in their Remenstrance of the State of the Kingdom Decemb. 15. 1641. Yea both Lords and Commonâ— in their Declaration of 4 August 1642. among other Designs Practices of the Malignant Party and Counsellors about the King complained of this as one of the most dangerous That they endeavoured to make those odious under the name of Puritans who sought to maintain the Religion Laws and Liberties of the Kingdom and such men were sure to be weeded out of the Commission of the Peace and out of all other imployments of Power and Authority in the Government of the Country Many Noble Personages were Counsellors in name but the Power and Authority remained in a â—ew of such as were most addicted to this Pâ—rty whose Resolutions and Determinationâ— were brought to the Table for countenance and execution and not for Debate and Deliberation and no man could offer to oppose them without disgrace and hazard to himself Nay those that did not wholly concurr and actually contribute to the furtherance of their Designs though otherwise Persons of never so great honour and abilities were so far from being imployed in any Place of Trust and Power that they were neglected discountenanced and upon all occasions injured and oppressed The Laws were no Defence or Protection to any Mans Right all was subject to Will and Power which imposed what payments they thought sit to drain the Subjects purses and to supply those Necessities which their ill Counsels had brought upon the King and gratifie such as were Instruments in promoting these illegal and oppressive Courses They who yielded and complyed were countenanced and advanced all others disgraced and kept under that so Mens minds made poor and base and their Liberties lost and gone they might be ready to let go their Religion and submit to the subversion and alteration of the Laws and Government which they designed And whether your Proceedings in the self-same kind against my self others who have suffered and stood so much for Religion Laws and publike Liberties in the worst of former times thus complained against and securing restraining us to boot in a more more violent way than the King and his evill Counsellors proceeded against us heretofore will not draw a greater guilt disreputation heavier judgement upon you and your Associates then they complained of did upon them if you persevere impenitently in such execrable Machiavilian carnal Practices I leave to your own Consciences to determine Sir I was never yet a flatterer of any Person or pâ—rsons how great soever in arbitrary and illegal wâ—ys and my present extremities will be a sufficient Apology for this my boldnesse and plain dealing with you as well as others heretofore in like cases wherein the whole Nâ—tions Liberties are concerned as much as mine own wherefore I do once more upon the premised Votes and Groâ—nds of right demand my present â—nlargement the restitution of my seised Papers Writings Records Books Trâ—â—â—ks from you and your Associates with reparations for these injurious proceedings against me from your selves 〈◊〉 the Originâ—l Authors and Principal Actors in them And so expâ—cting your undelayed Answer to my former and present Demands who amidst your manifold imployments may spare as much time to doe me right as wrong that so I may know how to steer my course I must and shall till then remain Your unjustly close restrained Captive WILL. PRYNNE For his quodam kind Friend Mr. Serjeant Iohn Bradshaw at Whitehall these Dunster Castle 16 July An. Dom. 1650. The third Letter to Mr. Bradshaw SIR I And my Servant attending on me have for above 6 weeks space against all Rules of Law Justice and the