necessity as your Lordships would be dealt with your selves were you which God forbid in his present condition and as you would have Christ himselfe to proceede with you at the great day of judgement when you shall all appeare before his Tribunall to give accoumpt of all your proceedings in this and all other causes Or if this be overmuch then onely to grant him such common favor and justice in this honorable Christian Court as Christ himselfe found before Pilate and Paul before Faelix Festus and Agrippa meere heathen Iudges or as every Traitor or Felon though never so vile or guilty usually claimes and enjoyes of common right in other his Majesties Courts of Justice to wit free liberty to answer for himselfe when his counsell either will not cannot or at least wise dare not doe it with the use of Pen Inke and Paper untill friday next to draw up an answer under his own hand according to the truth and weightinesse of his cause since he cannot procure his counsells and not to prejudge him as guilty before his answer or defence first heard or witnesses produced A request so just and reasonable as he humbly conceiveth that his adversaries themselves whether innocent or guilty cannot in point of honour justice and conscience in regard of their places and professions but willingly condescend unto much more then this honorable Court especially in this waighty cause not to be precipitated which highly concernes his Majesties royall prerogative the state and safety of Religion and the weale of the whole Realme as he hopeth to make good in his answer and by his crosse Bill exhibited to this honorable Court against some great Prelates and their confederates under his owne and codefendants Bastwicks and Burtons hands for want of counsell who refuse to appeare in this case of God and the King against the Prelates dreaded much more then both which bill being for the Petitioners and his said Codefendants necessary defence and justification who are ready to make it good at their uttermost perill and tending onely to the maintenance of his Majesties Crowne and dignity our established Religion and the subjects liberties against the said Prelates late dangerous encrochments Innovations practises and oppressions he now humbly prayeth may be admitted it being as he humbly apprehendeth a cause of infinite consequence and a thing of common right which ought not to bee denyed to or against any subject in an ordinary way of Justice And your Petitioner upon the concession of his petition shall ever pray for your Lordships c. THis petition being reade in open Court the 12. of May the Court commanded Master Holt one of Master Prynnes counsel forth with to repaire to him to the Tower to take instructions for his answer and in the afternoone the Lieutenant of the Tower was sent for by the Prelates instigation and checked by the Lords for suffering Master Prynne to dictate such a petition and one Gardiner a Clerke belonging to the Tower who writ it from his mouth by the Lieutenants license was for this capitall offence by a warrant from the Arch-Bishop and others the same evening apprehended by a Pursevant and kept prisoner by him some 14 dayes and not released till he had put in bond to appeare before the Lords when ever he should be called after which he was hunted after by the Archbishops pursevants out of the high Commission Who upon the reading of this petition and Doctor Bastwicks made a motion in Court of purpose to prejudge the cause before it came to hearing tending highly to affront his Majesties prerogative and thereupon procured this forejudging order wherein his insolent motion is recited In Camera Stellata coram Concilio ibidem duodecimo die Maii Anno decimo tertio Caroli Regis THis day severall petitions being read in open Court presented on the behalfe of Iohn Bastwicke Doctor in Physicke and William Prynne Gent. defendants at the suite of his Majesties Attorney Generall The most reverend Father in God the Lord Archbishop of Canterbury his * Grace Informed the Court that in some of the Libellous Books and Pamphlets lately published his Grace and others the reverend Bishops of the Realme are said to have * usurped upon his Majesties prerogative Royall and to have proceeded in the High Commission and other Ecclesiasticall Courts contrary to the Lawes and Statutes of the Realme about which he prayed the Iudges might be attended and they prayed and required by this Court to certifie their opinions therein upon consideration whereof the Court hath ordered that the two Lords cheife Iustices now present in Court the Lord cheife Baron and the rest of the Iudges and Barons shall be attended by his Majesties learned * Councell touching the Particulars hereafter ensuing viz. Whether proces may not issue out of the Ecclesiasticall Court in the names of the Bishops Whether a patent under the great Seale be necessary for the keeping of Ecclesiasticall Courts and inabling of citations suspensions and excommunications and other censures of the Church and whether the Citations ought to be in the Kings name and under his Seale of armes and the like for Institutions and Inductions to benefices and corrections of Ecclesiasticall offences Whether Bishops Arch-deacons and other Ecclesiasticall persons may or ought to keepe any Visitation at any time unlesse they have expresse Commission or Patent under the great Seale of England to doe it and that as his Majesties visitors onely and in his name and right alone Jo. Arthur Dep. THese three questions highly concerning his Majesties prerogative debated and determined by the defendants against the prelates for the King were the maine scandals and libels complained of in this new Information and the bookes thereto annexed to prejudge which before the hearing without the defendants privity never summoned to be heard what they could say in these particulars agaīnst the prelates encrochments in defence of the Kings right and of themselves was nothing else but the extremity of injustice and a forestalling of the cause by a previous judgement of the Judges then at Canterburies becke before it was heard Upon this Order all the Judges before the hearing returned this Certificate for the prelates whom then to disobay or contradict in any thing had beene fatall if not capitall whereupon this following order was made which will abundantly evidence the Archbishops insolency treachery and injustice in the carriage of this cause and the unpatternd compliency both of the Judges and Court of Star-Chamber to his ambitious unreasonable and unjust desires In Camera Stellata coram Concilio ibidem quarto die Junii Anno decimo tertio Caroli Regis THis day was read in Court the Certificate of the two Lord chiefe Justices the Lord chiefe Baron and other the Iustices of the Court of Kings Bench and Common Pleas and Barons of the Exchequer made according to an Order of reference to them granted the 12 of May last past
unlesse they might have liberty of accesse to counsell to advise and assist them in their answers it being the Prelates ayme to deprive them of this liberty Of which the Lords being informed made this ensuing order wherein though they granted them accesse to Councell yet they denyed them the liberty of conferring together at Counsell though joynt defendants who might have joyntly answered contrary to the rules of Law and all former presidents One Coppy of which order sent indifferently to their three distinct prisons I shall here annex At White-Hall the 15. of March 1636. Present Lo. Archbishop of Cant. Lo. Keeper Lo Treasur Lo. Privy-Seale Lo. High Chamberlaine Ea. Marshall Lo. Chamberlaine Ea. of Northumberland Ea. of Dorset Ea. of Salisbury Ea. of Holland Lo. Cottington Lo. Nuburgh Mr. Tresur Mr. Comptroller Mr. V. Chamberlaine Mr. Sec. Cooke M. Sec. Windebanke VVHereas information was this day given to the Boord by Master Atturney Generall that he had prefeâ—red a Bill of Complaint in the Star-Chamber against Henry Burton Clerke and others and that the sayd Master Burton doth refuse to make answer to the said complaint unlesse he may have liberty to goe abroad to prepare and advise with his Counsell though his Counsell had leave to have accesse and to confer with him in the Prison Yet to take away all allegations or pretence for excuse herein their Lordships have thought fit and ordered that the said Master Burton shall have liberty to goe abroad with his Keeper to speake and confer with his councell when he desireth the same and that his sayd Keeper is to have speciall care that the sayd Master Burton doe not make use of the liberty to confer with other persons and that he be permitted to goe to no other place but to his sayd Councell And that the sayd Master Burton shall immediately appeare to the sayd Bill and make answer within ten dayes after And thereupon the Boord will give such further Order as shall be fit Ex. Will Becher THe Prisoners upon this order having liberty to goe abroad with their Keepers first repaired to the Lord Keeper and petitioned for counsell to be assigned them which granted they repaired to their counsell at Lincolnes and Grayes Inne where meeting together and conferring a short speech in the presence of their keepers with their counsell notice thereof was immediately given to the Archbishop whereupon their Keepers were sharply checked and charged not to permit them to meete or speake together any more which was strictly observed Master Prynne fearing that they should not be permitted to make a full answer to the Information drawes up a Crosse-Bill against the Archbishop and others wherein he charged them with usurping upon his Majesties prerogaetive royall with Innovations in Religion Licensing of popish and Arminian bookes and other particulars which Bil being ingrossed and signed with all their three hands Master Prynne tendred to the then Lord Keeper with a petition praying that it might be accepted under their owne hands since it concerned his Majesty and Religion so much and counsell durst not signe it for feare of the prelates alleadging in the petition that if the charges of the Bill were true as they were ready to make good with their lives then their Lordships as they hoped would thinke meete they should be examined and the prelates put to answer and punished for them If false that then the Bishops to cleare their suspected Innocency to the World would be willing to answer it since their declining its answer would imply a guiltinesse in them The Lord keeper receiving this Petition and crosse-Bill upon reading the contents thereof refused to admit it delivering it to the Kings Atturney and as I am informed the Archbishop demanded the opinion of the Judges Whether these three complainants might not be punished as * libellers for exhibiting this Crosse-Bill against him and other Prelates who all but one resolved that they could not because the Bill was tendred in a legall way and might not in point of law be refused the Kings Courts of Iustice being open indifferently to all his Subjects to sue or be sued However this Bill was suppressed by the Prelates power and Master Prynne within a weeke after his appearance to the Information by the Archbishops procurement had his Chamber in the Tower searched by Master Nicholas one of the Clerkes of the Counsell and a * pursevant of the Bishops sent to over-looke him part of his instructions for his answer they sâ—ised and carried them away to the Archbishop his servant who should sollicite his businesse was attached by a messenger and kept close prisoner in his house above ten weekes till after the hearing without baile or mainprise which was utterly refused the liberty of Pen Inke and Paper to draw up his answer and instruct his counsell was then also inhibited himselfe shut up close prisoner and all his friends debarred from him by a verball order only By which strange proceedings he was utterly disabled to put in his answer which hee earnestly desired and was denied accesse to his councell contrary to the Lords former order This done on the 28 of April Master Pryn and his Co-defendants by an order of the Court were injoyned to put in their answers to the Information by Munday next came sennight by the advice of their counsell and under their hands or else the matters of the Information should be taken against them pro confesso He having no liberty then to goe to his councell and they for feare of the Prelates being unwilling to repaire to him or to medle in the cause thereupon petitioned the Court that having beene a Barrester at law hee might have liberty to put in his answer to this Information under his owne hand annexing sundry reasons to the petition why his owne answer in this case ought to be received without the hands of his counsell This petition together with an Affidavit of the particulars therein alleged was presented and read in open Court the fifth of May 13. Caroli of which this is a true Coppy Master Prynnes first Petition to the Lords the 5. of May 13. Caroli To The right Honorable the Lords of his Majesties High Court of Star-Chamber The humble Petition of William Pryn close prisoner in the Tower of London Humbly sheweth THat whereas the petitioner on munday last received from Master Goad an order of this Honorable Court Dated the 28. of April 1637. Whereby he is enjoyned to put in his answer to the Information against him by munday next under his councells hands or else the matters therein contained shall be taken against him Pro confesso That the petitioner in regard he hath beene debarred all accesse to his councell a weekes space and more deprived of the use of his Servant who should sollicite his businesse for him being detained close prisoner in a Messengers hands debarred all accâ—sse of friends the use of Pen and Inke and disabled both in
Books and that upon the said defendants Bastwick and Prynnes * contemptuous refusall to answer the said Information severall Orders have beene made to take them Pro confesso It was humbly prayd and accordingly thought fit and ordered by this Court that the said cause as against them shall be heard the first cause the first sitting of the next Terme when the Information shall be read and the matters thereof be taken against them Pro confesso VVhere you see that the sole charge against them and the ground of their censures was a supposed contemptuous refusall to answer when as the Offence and contempt was on the contrary side in refusing to accept of their answers tendred and ordering Counsell not to signe their answers In the meane time Master Burtons answer signed by Master Holt after it had laine in Court neere three weeks upon Master Atturnies suggestion to the Court the 19 of May that it was scandalous was referred to the consideration of the two chiefe Justices Bramston and Finch who calling Master Holt privately unto a Chamber before them Judge Finch ratled and reviled him exceedingly for putting in such an answer which he said was the most pernicious that ever came into the Court telling him that hee deserved to have his Gowne pull'd over his eares for drawing it To whom he replied that he had beene an ancient practiser in the Star-Chamber and had drawne it according to his best understanding and wit that all of it was onely a confession or explanation of the charge in the Bill and a recitall of Acts of Parliament and how this could be scandalous or impertinent it went beyond his capacity to conceive And so without more words these Judges resolved the answer scandalous and ordered all the substance of it tending to Master Burtons justification and defence to be expounded as will appeare by this their certificate The certificate of Sr. Iohn Bramston Knight chiefe Justice of his Majesties Court of Kings Bench and Sir Iohn Finch Lord chiefe Justice of his Majestes Court of common-Plees in the cause wherein his Majesties Attorney generall is plaintiffe and Henry Burton Clerke and others defendants ACcording to the direction of an Order of this Honorable court Dated the Ninteenth day of this instant May we have considered of the Impertinent and scandalous matter in the said Defendants Henry Burtons answer And are of opinion that * all the said answer is Scandalous or impertinent and fit to be expounded except these words in the beginning thereof viz. The said defendant by protestation not confessing or acknowledging any matter or thing alleaged against him in or by the said Information to be true and saving ever to himselfe all advantage of Exception to all every the uncertainties and imperfections therof And these words in the end of the said answer viz. This defendant to all and every such supposed unlawfull Combination Confederacies Disloyalties Seditious scandalous and factious Libells or other unlawfull offences examinable or censurable in this Honorable Court wherewith he is charged in or by the said Information answereth and sayth That he is not guilty thereof or of any part thereof in any such manner and forme as is supposed thereby All and every which matters of answer this defendant doth averre and is ready to prove as this Honorable Court shall award And humbly prayeth that all and every such errors as shall be adjudged by this Honorable Court to have beene by any ignorance of his in the common-Lawes or Statutes of this Realme or by any frailty or infirmity of his contrary to the loyalty of his Heart and integrity and sincerity of his intention and profession may by his Majesties gracious Interpretation thereof and by this Honorable Courts favorable advice or mediation to his Majestie therein be remitted and pardoned and himselfe dismissed by the same Court All which neverthelesse we humbly submit to the grave judgement of this Honorable Court 22 May 13. Car. Regis Jo. Arthur Dep. VPon this strange Certificate of the Judges Master Burtons answer was miserably mangled the whole body and substance of it being quite rased and nought but the head and feet left upon record whereby he was made to deny that to be done by him which he confessed and justified upon oath in his answer as it stood before this rasure of it VVhereupon the examiner comming to Master Burton to the Fleet where he was close prisoner to examine him upon Interrogatories grounded on his answer he hearing of this expungement refused to be examined unlesse his answer might be admitted as it was put in or he permitted to put in a new answer he disclaiming this answer to be his since altered in all the materiall points tending to his justification and defence and turned from a speciall to a generall not-guilty necessarily involving him in the danger of periury Of which the Court being informed by Mr. Attorney made this ensuing Order to take the Bill pro confesso against him only for not answering Interrogatories a thing never heard of before in that Court when there was an answer admitted In Camera Stellata coram Concilio Ibidem secundo die Iulii Anno decimo tertio Caroli Regis UPon information this day to this Honorable Court by his Majesties Attorney Generall that Henry Burton Clarke defendant at his suite being served with Proces stood forth Proces of contempt and would not be drawne to answer untill severall orders were made that the matters of the Information should be taken against them as Pro confesso Unlesse hee did answer the said information by the times limitted by the said Order and at length he did put in an answer stuffed with impertinent scandalous matters which upon a reference to the two Lords chiefe Justices is since expunged and Interrogatories are exhibited into Court for examination of the said defendant and the examiner as appeares by his certificate now read hath beene with him to take his examination but he refused to be examined so that an attachment is awarded against him and delivered to the Warden of the Fleete in whose custody he remaines A close prisâ—er It was humbly prayed that the matter of the said Information Interrogatories may be taken against him Pro confesso Upon consideration whereof the Court hath ordered that the examiner doe goe againe unto him and if hee shall not thereupon by this day senight answer the said Interrogatories they shall be taken against him Pro confesso as is desired Jo. Arthur Dep. AFter this Order the examiner repaired againe to Master Burton who upon his former grounds because hee had no answer in Court of his owne or his counsels but onely of the Judges making which he disclaimed for his and because his answer to the Interrogatories would contradict the generall answer of Not-guilty which the Judges had now made out of his speciall Not-guilty refused to be examined and so though his answer were in Court as the
A NEW DISCOVERY OF THE PRELATES TYRANNY In their late prosecutions of Mr. William Pryn an eminent Lawyer Dr. Iohn Bastwick a learned Physitian and Mr. Henry Burton a reverent Divine Wherein the separate and joynt proceedings against them in the High-Commission and Star Chamber their Petitions Speeches Cariages at the hearing and Execution of their last sentence and the Orders Letters for and manner of their removes to and close imprisonments in the Castles of Lanceston Lancaster Carnarvan and Isles of Sylly Garnsey and Jersy The proceeddings against the Chestermen and others before the Lords and High Commissioners at Yorke for visiting Mr. Pryane The Bishop of Chesters order for Ministers to preach against M. Prynne and the Yorke Commissioners decree to deface and burne his pictures at Chester high-Crosse The House of Commons Order for and manner of their returnes from Exile their petitions to the Parliament the Votes of the Commons house upon the report of their Cases declaring the proceedings and censures against them illegall groundlesse and against the Subjects liberty with M. Prynnes Argument proving all the parts of his censures with the proceedings against him and his Chester friends at York to be against Law are truly related for the benefit of the present age and of posterity Seneca Medea Qui aliquid statuerit parte inaudita altera licet rectè statuerit haud aequus est Iudex PSAL 94 20 21 22 23. Shall the throne of iniquity have fellowship with thee which frameth mischiefe by a Law They gather themselves together against the soule of the Righteous and condemne the Innocent blood But the Lord is my defence and my God is the Rock of my Refuge And he shall bring upon them their owne Iniquity and shall cut them off in their owne wickednesse yea the Lord our God shall cut them off Printed at London for M. S. 1641. To the Courteous Reader KInde Reader I here present thee with a late tragicall History or new Discovery of the Prelates tyranny in their unjust Prosecutions and bloody Persecutions of three eminent persons of the three most noble Professions in the Kingdom Divinity Law Physick all suffering together on the Pillory much honoured by them and they by it losing all their Eares at once to make themselves heare better and the Prelates * worse Such a spectacle both to men and Angels no age ever saw before and posterity is never like to behold hereafter To heare of Lord Bishops metamorphosed into * ravenous Wolves is no Noveltie they have been thus in every age and will be so whiles they have continuance But to see them mounted to such an Altitude Altitude of Authoritie and Tyranny as to crucify Divinity Law Physick on the Pillorie together and to make Judges Peeres and Courts of Justice if not Soveraignitie it selfe the * executioners of their Malice cruelty and private revenge by such extravagant and untroden courses as were unknown to our Ancestors is such a prodigious Innovation as neither Affrica nor England ever beheld the like and never had beene brought forth into the World had not a venomous Archprelate proved a Father to engender a Mother to foster a Midwife to produce and bring it to its birth But alas poore silly Politician whiles he sought these innocents ruine by those unwarrantable practises he laid but the foundation of his own overthrow in the * snare that he layd for them is his own foote taken into the pit that he digged for them he is fallen himselfe his snares are broken they are escaped and he now lies intangled in them he is * cast down and fallen but they are risen stand upright his mischiefe now returnes on his owne head and his violent dealing comes downe upon his own pate evill now hunts this man of violence to overthrow him and the mischiefe of his owne lips doth cover him * As hee hath done so God hath requited him * Whiles he made hast to shed their blood he did butlie in waite for his own And he * that did violence to the blood of these persons now fleeth to the pit as God hath threatned let no man stay him but let all stand admiring Gods Iustice upon him and his admirable providence and mercie in preserving delivering and * acquitting them from his unjust censures and that in the highest Court of Iustice without one negative voyce The manifestation of this remarkable Iustice Mercy and Providence of our great God * glorious in holinesse fearefull in prayses working wonders not onely of old but at this present even in all our Eyes * doing great things for these Patients for the whole Land whereof we rejoyce was the chiefe end of publishing this Discovery whereby to daunt all gracelesse Persecutors and cheare the soules of all sincere professors If thou reape Benefit or Comfort from it let God enjoy thy prayses the Compiler hereof thy prayers Farewell and profit by what thou readest A New Discovery of the Prelates tyranny in their late prosecutions of Doctor Bastwick Mr. Burton and Master Prynne THE now Arch-bishop of Canterbury with some other Prelates of the Arminian combination maligning Master Prynne Master Burton for some bookes they had written against the Arminians and D. Cosens his private Devotions about 12. yeares since getting the raines of Ecclesiasticall authority into their owne commands prosecuted them severall times and tearmes in the High Commission for those their profitable and innoxious bookes whence being delivered by prohibitions granted them out of the Kings temporall Courts at Westminster these Prelates grew more * inraged against them watching every opportunity and laying hold on any occasion to worke their ruine Master Prynne not long after about Christide 1632 published a booke against common Enterludes intituled Histrio-Mastix licensed for the presse by one Master Buckner house-hould Chaplin to the then Arch-bishop of Canterbury Abbot and published with his approbation after serious perusall thereof both in the written and printed copy It came to passe that some six weekes after the publication of this booke the Queenes Majesty acted a part in A pastorall at Somerset-house and there being some passages in this booke against Women-actors among the ancient Romans Grecians and Spaniards quoted out of Fathers and forraigne authors and this reference to them in the Table of the booke Women-actors notorious whores relating to those Women-actors only whom these authors thus branded Canterbury the prelates by their instruments the next day after this pastorall acted carrying Master Prynnes booke to his Majesty * shewed him some of those passages especially that in the Table and misinformed his Highness◠and the Queene that Master Prynne had purposly written this booke against the Queene her pastorall whereas it was licensed and most of those passages printed neere two yeeres before and the whole booke finished at the presse at least three moneths and published six weekes before the personating of
respect of the quality of his cause the greatnesse of the persons whom it concernes the diversity of his councells opinions and the difficulty of procuring his councell to repaire to him to the Tower during the Terme to advise him he having no meanes to reward them according to their paines and for other reasons mentioned in his Affidavit is utterly disabled to performe the sayd Order to put in any answer without great prejudice both to himselfe and his cause which much concernes both the King his Crowne and dignity the Religion established and the liberties of the Subject infringed by the Prelates and their confederates He humbly therefore beseecheth your Lordships not to exact impossibilities at his hands but in this case of necessity according to many late presidents in this Honorable Court to grant him liberty to put in his answer by the sayd day under his owne hand he having beene a Barrester at law and not under his councells who refuse to doe it out of feare and cowardise being more fearfull of the Prelates then of God the King his Crowne and dignity and also for the causes hereunto annexed which he in all humility submits to your Lordships wisdomes and Iustice And the petitioner for the concession hereof shall ever pray for your Lordships c. The reasons why the petitioner Master Prynne humbly conceiveth that this honorable Court ought in point of law and Justice to admit his answer under his own hand without his councells which he cannot procure FIrst because there are many late presidents in this Court wherein divers defendants answers have been admitted without the hands of councell in cases where no councell would set their hands to them as Close and Doctor Laytons cases with many others and but one president only against it which being ancient singular upon a speciall reason in case of a Woman not of a man much lesse of a Lawyer and in a farre different case from this defendants ought not as he humbly conceaveth to overballance the presidents for him Secondly because upon an Ore-tenus and Interrogatories in this Court in many cases before his Majesty and the Lords at the councell-Table in Parliament and in the Kings-Bench upon Indictments and Informations especially for Felony or Treason the defendants are allowed freely to make their owne answers and defence without counsell if they please and in some cases are denied Counsell Thirdly because counsell who were not ab initio but came in long after causes both in this honorable Court and elsewhere are allowed and assigned not out of necessity but favour onely for the helpe and benefit of defendants not to be so strictly tied unto them but that they may have liberty to make answer without them in case where they and their councell differ in the substance of their answers or where councell advise them to their prejudice either out of feare ignorance or otherwise else it would lie in councells power both to prejudice and betray their causes and make them lyable to censure though innocent Fourthly because every answer in the eye of the law is the defendants only though signed by his councell for formes sake he onely is summoned to make answer he onely is to sweare it and he not his councell is to undergoe the hazard of it therefore he alone in point of law and Justice is onely bound of necessity to signe it not his Councell Fiftly because else there would be a fayler of Justice in many Cases through the want feare neglect ignorance diversity of opinion or treacher of councell for if one be peremptorily enjoyned to put in an answer by a day as this defendant now is and counsell neglect refuse delay or feare to doe it upon any occasion by the time which is this defendants Case he must without any default contempt or neglect in him suffer thereby as a delinquent though innocent without any legall conviction which were injury and injustice in the highest degree Sixtly because the very law of nature teacheth every Creature but man especially to defend preserve and make answer for himselfe either when the party accused cannot procure others to doe it or can doe it better then others will can or dare doe himselfe But in the present Case this defendant cannot procure his councell to make such an answer as his cause requireth which resting upon bookes matters of Divinity and on other points wherein his counsell have but little skill all which he must justify in his answer he is better able to make his answer and defence thereto then his counsell can will or dare to doe in case they were willing to undertake it which now they utterly deny and refuse onely out of feare and cowardize as aforesaid and therefore ought as he humbly conceiveth to be permitted to doe it both in point of Law and Justice Seventhly because God and Christ the supream Judges of the World and patternes of all Justice both here on Earth have and at the generall day of judgement when all men shall appeare before their dreadfull tribunalls wil allow every man to make his owne personall answer and defence without counsel or proxie much more then should every inferiour Judge and Terrene Court of Justice doe it if the party desire it and others will not dare not doe it Eightly because by the judiciall Law among the Iewes every man was to make his owne defence neither did their Law judge any man before it heard him and knew what hee did Iohn 7. 51. And by the civill Law even among the Pagan Romans it was not the manner to condemne any man before that hee who was accused had the accusers face to face and had Licence to answer for himselfe concerning the crime layd against him Acts 25. 16. If then the Lawes amongst Iewes and Pagans gave every defendant leave thus to make answer for himselfe and never condemned any as guilty for not answering by counsell as appeares by the cases of Naboth Susanna Christ and others though unjustly condemned yet not without a full hearing and witnesses first produced though false this defendant humbly conceiveth that by the Lawes and Justice of this Christian Common-Wealth and this honorable Court hee ought to have like liberty in this cause of so great consequence and that the Information against him ought not to be taken Pro confesso without hearing witnesses or defence in case he tender an answer under his owne hand onely without his counsells who refuse to advise or direct him else our Christian Lawes and Courts of Justice might seeme to be more unreasonable then the Iewes or Pagan Roman Lawes and tribunalls which God forbid any man should imagine Ninthly because S. Paul when he was slandered accused by Ananias the Iewes high-Priest with the Elders and Tertullus their Orator to be a pestilent fellow a mover of sedition among the Iewes throughout the World and a ring-leader amongst the Sect of the
Nazarens and that severall times both before Felix Festus and King Agrippa three heathen Governors and Magistrates had still free liberty granted him by them all both to answer and speake for himselfe to the full to justifie and cleare his innocency without any counsell assigned Act. 24 25 26. neither did nor could the Iewish high-Priest except against it This defendant therefore being now accused in this honorable Court of the like crimes by some English Prelates and high-Priests instigation hopes to enjoy the selfe same priviledge and freedome before so many honorable Lords and Christian Judges which Paul did before these Pagans And hee supposeth his said adversaries will not be against it unlesse they will be thought to feare and decline the defendants answer as guilty persons who dare not admit their actions to be scanned in so honorable a Court or men unwilling to have this defendant cleare his owne Innocency or else be deemed more unreasonable then Ananias himselfe especially in this defendants particular case who having beene a Barrester and counseller at the Law formerly admitted even in this honorable Court to put in answers under his owne hand in other mens cases cannot but hope and presume to obtaine the like Justice and favour from it now in his owne cause being thereto necessitated through his counsels feare and deserting of him for the premised reasons which he in all humility submits to this honorable Court Upon the reading hereof in open Court and of a like petition from Doctor Bastwick to put in his answer under his owne hand since his counsell refused to signe it the Court ordered the same day that they should put in their answers by munday next under counsels hand or else be then taken Pro confesso denying them liberty to answer under their owne hands Hereupon Doctor Bastwick when no counsell would signe his answer tendered it at the Star-Chamber office under his owne hand and there left it and Master Burton having his answer drawne engrossed and signed by his assigned counsell Master Holt who afterwards withdrew his hand because his other counsell would not subscribe it out of feare to displease the Prelates tendered it to the Court desiring it might be accepted or Master Holt ordered to new signe it upon this the Court the 10th of May being the next sitting made this Order In Camera Stellata coram Concilio ibidem decimo die Maii An. Decimo tertio Car. Reg. VVHereas by severall orders of this Court Iohn Bastwick Doctor in Physick and Henry Burton clerke defendants at the suite of his Majesties Attorney Generall plaintife were ordered to put in their answers under counsells hand by Munday last or in default the matters of the Information to be taken against him pro confesso forasmuch as the Court was now informed that the said Doctor Bastwick hath not yet answered nor will bee drawne to put in any answer under the hand of his Counsell but hath throwne into Master Goads Chamber the deputie Clarke of this Court five skins and a halfe of parchment close written with his owne hand subscribed therunto wherein as is alledged is contained much scandalous defamatory matter It is therefore ordered that all the matters of the said information wherewith the said Doctor Bastwick is charged in the same shal be taken against him Pro confesso And that his Majesties attorney Generall doe take into his custody and consideration the said severall skins of parchment subsigned as aforesaid for such farther order to be therein had and taken as to Iustice shall appertaine And for as much as the Court was now informed that the defendant Burton hath caused his answer to be drawne by counsell and ingrossed and would have put it in if his counsell who drew the same or any other of his counsell would have set their hands thereunto The Court therefore did forbeare to take him Pro confesso and hath ordered that his answer be received under the hand of Master Holt alone and that after his answer put in and interrogatories exhibited the examiner shall repaire unto him in person where he is to take his examination upon the said Interrogatories Jo. Arthur Dep. DOctor Bastwick upon this Order the next Court-day petitions the Court that his answer left in the Court might be accepted under his owne hand in default of councell and Mister Prynne much grieved that he could neither gaine liberty nor possibility to answer the Information for his just defence formerly ordered to be taken pro confesso against him the same day petitioned the Court in this manner To the right Honorable the temporall Lords of his Majesties high Court of Star-Chamber The humble petition of William Prynne prisoner in the Tower IN all humblenesse sheweth That the petitioner ever since his appearance to the Information exhibited against him hath beene denyed the liberty of Pen Jnke or Paper at his Chamber to draw up his answer or instructions for his counsell That his servant who should solicit his businesse coppy and engrosse his answer hath for a moneths space beene kept close prisoner from him in a Messengers hands by his chiefe adversaries practise and power contrary to Law and Justice of purpose to retard his answer and disable him in the prosecution of his cause That his friends have beene restrayned from him and himselfe ever since the day before the Terme prohibited all accesse to his counsell granted to his Codefendants who without any neglect or default in the petitioner for reasons best knowne to themselves refuse to repaire to him or to undertake any thing in his cause which they have all quite deserted By meanes whereof the Petitioner though ever desirous to answer and submit to the Orders of this Honorable Court neither hath nor possibly could put in his answer under his counsells hands according to the last orders which disabling him to draw up his owne answer and requiring meere impossibilities of him beyond his power to effect his counsells hands and wills being not at his command much lesse their consciences and judgements hee hopeth neither shall nor ought in point of Law or equity to be so farre obligatory and penall to him as to make him culpable of all the charges in the Information without any proofe on his Prosecutors part or default and contempt on his owne Since by such away of proceeding of very dangerous consequence and example scarce parallell'd in any age the most innocent person may be betrayed and condemned as nocent of any crimes whatsoever falsly charged against him without any neglect or guilt in him through the unfaythfullnesse wilfullnesse feare corruption or default of counsell and especially in the case of powerfull and malicious opposites He therefore in the midst of these his exigents and desertions of his counsell most humbly beseecheth your Lordships not to require impossibilities at his hands thus bound beyond his power to effect but so to deale with him in this case of extremity and
Judges altered it yet for not answering to Interrogatories framed on it as it stood before its expungement the Information was taken against him Pro confesso and this order made at a prirate seale out of Terme to bring the cause to hearing upon one dayes warning onely given to the Defendants when as by the course of the Court a Subpaena ad audiendum judicium should have beene served on them and 15 dayes warning at least given them before the day of hearing Apud Aedes Domini Custodis magni Sigilli Angliae de cimo tertio die Junii Anno decimo tertio Caroli Regis IT is this day ordered by the right Honorable the Lord Keeper that John Bastwick Doctor in Physick Henry Burton c. William Prynne Gentlemen defendants at the suite of his Majesties Atturney Generall shall have liberty with their keepers to attend their councell and to appeare at the Barre of this Court on wednesday the 14. of this instant moneth when the cause is appointed to be heard Jo. Arthur Dep. THese prisoners having this liberty granted them just the day before the hearing Master Prynne thereupon repaired with his answer formerly drawne up and engrossed by Master Holt to Master Tomlins another of his counsell newly returned out of the Country the evening before and having got him to signe this engrossed answer he goeth therewith to Master Holt desiring him likewise to subscribe it according to promise who refused to doe it now as hee had done before protesting that he durst not for an 100 peeces signe it because he had received an expresse command to the contrary Whereupon Master Prynne caries it signed with Master Tomlins hand to the Star-Chamber Office where hee tendred it to Master Goad together with another longer answer signed with his owne hand and an Affidavit that hee could not possibly procure his counsells hand to his answer before that time But Master Goad advising with his deputy refused to receave either the answers or Affidavit though earnestly pressed to it by Master Prynne who thereupon returned with his answers to the Tower and prepared himselfe for the hearing the next morning resolving that since he was thus fore judged and taken pro confesso upon a meere false pretence of a contempt in refusing to answer to speake nothing but what the Court should give him occasion when he appeared at the Barre Doctor Bastwick and Master Burton taking up the like resolution because they were certainly informed that whatever they spake their sentence was already determined and set downe in writing before the hearing came all being thus taken pro confesso as you have heard and seene by the former orders Thus I have given you a faithfull relation of the proceedings in this cause before the hearing out of the Orders and Records of the Star-Chamber the legality whereof you shall finde discussed in the close of this Treatise Now before I come to the day of hearing give me leave to acquaint you onely with one particular touching Master Holt hee being sharply checked and terrified for drawing and signing Master Burtons answer and charged not to signe Master Prinnes answer when hee had drawne it as you have heard before was much troubled at it and being in Court at the hearing the next day he offered two or three times to speake something in defence of Master Burtons cause which the then Lord Keeper perceiving beckoned and held up his finger to him to hold his peace whereupon hee kept silence And comming home to his house as soone as the sentence was passed his wife inquiring of him how the cause went he broke out into these speeches O wife I never saw a just cause so unjustly caried which I could have defended by Scripture against all the World I had a great desire to speake in the cause for my client but my Lord Keeper beckened and held up his finger to me to hold my peace And the poore Gentlemen have received the most unjust and hardest censure that ever I heard in that Court For my owne part I gave over my practise in other Courts and be tooke my selfe wholy to this Court to enjoy the liberty of my conscience thinking to finde nothing but Iustice and just proceedings there But now alas J finde things so carried there that for this dayes worke sake I desire never to come more to that Barre J desire of God that this may be the last cause that ever I may plead in that Court which hath partly miscarried through my default as I am affraid most will judge though I durst not doe otherwise beeing so checked and threatned This sayd he continued sad and soone after falling sicke for conceit only of the miscarriage of this cause as his wife friends beleeved hee died never going to the Star-Chamber after this sentence the proceedings and passages whereof I shall next relate * Qui malè facit malè audit * Acts 20. 28. 29. Matth 7. 15. * See Fox Actâ—â— Monuments vâ—l 1. p. â—26 Edâ—t ult. * Prov. 26 27. c. 28. 10. Psal. 7. 15 16. Psal. 9. 15 16. Psal. 124. 7. Psal. 140. 9. 10 11. * Psal. 20. 8. * Iudges 1. 7. * Pro. 1. 16. 18. * Prov. 28. 17 * Psal. 3. 7 5 6. * Exodus 15. 11. * Psal. 126 2 3 * This Archb. at the delivery of the rule for Master Prynnes prohibitioÌ„ was so extreamly enraged that he and some 3. or 4. Bishops more rose and went out of their Court then kept in the Consistory at Pauls in a Fury saying they would immediatly repaire to the King make a bolt or a shaft of it using many angry words and threatning to lay M. Prynne by the heels for delivering the Rule * Mr. H. I. that first presented shewed the booke to the King was a few moneths after committed prisoner to the Tower for begetting one of the actors of this pastorall with child soone after it was acted and making a reall commentary on M. Prynnes misapplyed text both the Actresse and he for this cause be comming M. Prynnes fellow prisoners in the Tower A strange providence and worthy observation * Pag. 671 to â—78 * What Law is there for you to false and dispose of the Books of mens studies against whom nosuites are péding before you Or with what face can you pretend Law when you doe directly against law * The 〈◊〉 and first 〈◊〉 in all the warrants * Which Act the Parliament hath resolved to bee against Law and that Serjeants at Armes 〈◊〉 breake open mens housâ—â— * Canterbury himselfe and Strâ—fford though accused and committed by the Parliament for high Treason had far more liberty and were not close imprisoned as they committed others God forbid he should have so much favour being in disfavour with the Prelates * Yea and have their lives taken away * This Pursevant was so officious that hee searched Mr. Prynnes foule close-stoole though Master Nicholas wished him to forbeare where he found nothing but a fitting Nosegay to recompence his industry 1. 2. 3. 4. 5. 6. 7. 8. 9. Master Prynnes second petition to the Lords * It should here be his injustice rather * The Parliament hath now resolved this for a truth however the Court of Star-Châ—mber or Judges determined contrary in favour of the prelateâ— * Why not by the defendants too to heare what they could say 1. 2. 3. * It is a strange age when his Majesties own sworne counsell must thus be of counsell with the prelates against the King contrary tâ— their oâ—â—h â—nd promote their â—ncroachments upon his prerâ—gâ—tive Roy â—ll * A strange president and motion I think no age can shâ—w the like * It is fit it should end as well as begin with him * It seemes then they are no one of the Kings Courts because they have neither his name nor Image * Note * Master Holt the ancientest practisar in the Court then living Master Bartons assigned counsell was very much over-seene if all his answer but this consisting of 40. sheets of paper at least was scandalous and impertinent
upon a motion made in the Court wherein his Majesties Attorney Generall is plaintife against John Bastwick Doctor in Physick and others defendants In which respect the said Iudges have declaâ—ed their opinions in point of Law touching the severall matters to them referred by the aforesaid Order and the same being so read in Court his * Majesties Attorney Generall humbly prayed that the said Certificate may be * recorded in this Court and in all other the Courts at Westminster and in the high Commission and other Ecclesiasticall Courts for the satisfaction of all men that the proceeding in the High Commission and other Ecclesiasticall Courts are agreeaâ—le to the Law and Statutes of the Realme which the Court held reasonable and hath ordered it shall so be and that after the same is enrolled in this Court and other the Courts aforesaid the originall Certificate of the said Iudges shall be delivered to the most reverend Father in God * the Lord Archbishop of Canterbury his grace to be kept and preserved amongst the records of his Court Which Certificate followeth in these words May it please your Lordships ACcording to your Lordships Order made in his Majesties Court of Star-Chamber the twelfth of May last we have taken consideration of the particulars wherein our Opinions are required by the said Order and we have all agreed That Proces may issue out of the Ecclesiasticall Court in the name of the Bishops And that a Patent under the great Seale is not necessary for the keeping of the said Ecclesiasticall Court or the inabling of Citations Suspensions Excommunications or other censures of the Church And that it is not necessary that Summons Citations or other processes Ecclesiasticall in the said Court or Institutions or Inductions to benefices or Corrections of Ecclesiasticall offences in those Courts be in the * Kings name or with the Stile of the King or under the Kings Seale or that their seales of Office have in them the Kings Armes And that the Statute of primo Edwardi sexti Ch. 2. which enacted contrary is not now in force Wee are also of opinion that the Bishops Arch-Deacons and other Ecclesiasticall persons may keepe their Visitations as usually they have done without Commission under the great Seale of England so to doe Primo die Julii 1637. Jo. Bramston Jo Finch Hum. Davenport Wm. Jones Jo. Denham Richard Hutton George Crooke Thomas Trever George Vernon Robert Barkley Richard Weston Jo. Arthur Dep. DOctor Heylin in his Briefe and moderatâ— Aswer tâ— Master Burton the matter whereof contradicts the Title written by the Archbishop of Canterburies speciall command p. 102. avers that it was positively delivered by my Lords the Judges with an unanimous consent and so declared by my Lords chiefe Justices in 〈…〉 last past before this Certificate that the Act of Repeal the first of Queene Mary doth still stand in force as unto the Statute of first Edward 6 â— 2. by you so much pressed and that the Bishops might lawfully issue out proces in their names and under their owne seales Which if true it is apparant that the Archbishop from whom the Doctor had his information had received all the Judges resolutions in this point not onely before the hearing of the cause but even before his motion in Court that the Judges might be attended to know their resolution in these points Is not this prety under-hand juggling and square prelaticall proceeding deserving extraordinary Laud But to returne to the defendants where I last left them Master Prynne upon Master Holts resort to him by the Lords command upon his last petition to his Chamber at the Tower where he was shut up close prisoner gave him both a fee and instructions to draw up his answer by with all possible speed hereupon Master Helt drawes an answer according to his owne minde different from his instructions which he sent to Master Prynne to peruse who dislâ—king the generality of it desired him to conferre with his other counsell and to amend it in some particulars whereupon Master Tomlins another of his counsell and Master Holt after two meetings agreeing upon his answer Master Holt gave order to his Clerks to ingrosse it and promised to signe it the next morning that it might be put into the Court Master Prynne informed hereof payed Master Holts Clerks for ingrossing it and the next morning by his keeper sent another fee to Mr. Holt to signe it according to promise who then refusing both the fee and the signing of the answer and being taxed for it by Master Tomlins who had signed the paper Coppy and demanded the reason by Master Prynnes keeper why hee refused to signe it contrary to promise answered that he had received expresse order not to signe it and afterwards being taxed for it by master Prynne himselfe who demanded the reason of this deniall he told him that hee durst not subscribe it for an 100 pounds though he had drawne it for feare of being put from the Barre he having received a command to the contrary In the meane time Master Tomlins who was willing to signe it departed into the Countrey upon his necessary occasions so that his hand could not be gotten Master Prynne thus deluded acquaints the Lieutenant of the Tower with this false dealing requesting him to informe the Lord Keeper of it and to desire his Lordship in his behalfe either to enjoyne Master Holt to signe his answer according to promise as hee had done in Master Burtons case or to accept of it without an hand or of it or another answer signed with his owne hand since he had done his utmost and had no meanes to compell his counsell to subscribe his answer against their wills The Lord Keeper upon this Information answered that hee had no power to force counsell to signe an answer and that it was not his use to doe it or to receive any answer without counsells hands Upon the returne of which answer Master Prynne replied that if the Lord Keeper being cheife Iudge of the Court the greatest officer in the Realme under the King and a freeman had no power to enforce his counsell to signe his answer according to duty equity and promise then certainly he being a poore close prisoner had farre lesse power to doe it and ought not to suffer for his default which he could not remedy Hereupon insteed of accepting his answer this order was made against him and Doctor Bastwick to take them both pro confesso for their contempt in not answering and to appoint a day for hearing the Cause In Camera Stellata coram Concilio ibidem 19o die Maii An. Decimo tertio Car. Reg. VPon information this day to this honorable Court by Sir Iohn Bankes Knight his Majesties attorney generall that he hath exhibited an information into this Court against Iohn Bastwick Doctor of Physicke William Prynne Gentleman and others defendants for framing Printing and publishing severall libellous and seditious