is your new Free-State Whitehall transcendent Iustice worthy to be registred for your Honour to all Posterity towards this Remonstrant instead of recompencing his former voted Dammages Losses Services for the publick to his extraordinary Prejudice and Oppression the exceeding grief of his kinred friends and most religious truly publique spirited men to the great rejoycing of his Iesuitical and Prelatical Malignant Enemies and no great honour to your Iustice or Government And that only as most conjecture in imitation of the Prelates heretofore of purpose to disable and â—inder him from writing or publishing any thing more in Defence or vindication of our endangered invaded Religion Government Laws Liberties Franchises Properties Freeholds Lives against the manifold new encrochments on them and subversions of them under pretext of their support or making any frâ—sh discoveries of the Jesuites Papists and their confederates various plots and practises now very rife and visible to undermine them and engage our own and all other Protestant Kingdomes States Churches in destru ctiveunreconcilable Wars and differences agreeth either to their mutuall and the Protestants Religions ruine or to countermine these their designes as he hath done formerly to his power Or else as others conceive to force him by tedious uncomfortable imprisonments and extreame penury to turn a practicall Apostate and perjured abjurer of all his former Orthodox loyall Principles Writings Books Oaths Covenants Protestations concerning King Kingdome Lawes Liberties Properties Taxes Parliaments Government Lords hereditary just right to sit vote judge in our Parliaments as Peers and thereby to verifie all the Prelates malicious Aspersions upon all Puritans in generall and himself in particular in their two late Star-chamber Bils and Speeches there exhibited against him and render him really guilty of beheaded Canterburies Treasons in an higher degree then he after his injoyned printing and publication of his Charge Tryall and Condemnation for them by the Commons House speciall Order to his eternall infamy here and damnation hereafter neither of which through the assistance of heaven no Prisons Tortures Powers on earth shall ever compell or perswade him to do or in case of his resolved Non-compliance herein under seigned Machivilian pretexts of his wilfull obstinacy and contempt of your new-created authority whose legality it must be no lesse then High Treason for him to dispute in law or conscience being now as absolutely to be submitted to by all men as the Popes it self in Rome by an implicit faith and blinde obedience even to break his heart with grief if possible by depriving him of the comfort of his Friends Kindred Books Calling all free converse with men by Letters or conference all publick Trusts and private usefull imployments to passe away his solitary houres laying him quite aside like a broken uselesse vessell restraining him under strictest Gards as the most dangerous enemy instrument to his Countries weal after all his reall losses studies sufferings for its benefit whose truest welfare he hath ever cordially studied to his private prejudice whiles others under pretext thereof have wholly sought their own particular emoluments to its irreparable dammage if Vox Populi be truth and by such ingratefull usage ill requitals of all his former merits by his very late pretended friends to hasten his passage from these strong earthly purgatives to a better world Or else if this plot prevail not through Gods supporting power as hither it hath not to starve or kill him outright in forain incommodious prisons for want of legall matter or proof to take away his head after your Whitehall Predecessors double cropping off his ears as some of his friends conceive You having of late refused as he is informed to receive any more Petitions in his behalfe from his own Sister or any others or to release or remove him from his ill winter prison or to pay his publick debt allow him diet or do him any common right or justice which though due Ex officio mero from all Kings Powers Governments Magistrates whatsoever by the Lawes of God Nature Nations and Oaths to their meanest subjects and particularly by our own Kings Judges Justices and great Officers usuall Oathes the great Charters and other Statutes resolutions to every English freeman upon their respective demands of or motions for it yea upon bare information from others without any suit or motion by for or from the oppressed injured parties in such cases as his is without any formall Petition to them for it as the Formes of most legall Writs sued forth of course and most Plaints and Declarations manifest every reall demand of right by word or writing being in truth a reall Petition for it and every Petition of Right but a more bashfull demand thereof as all Dictionaries in the words Peto Petitio the usuall Law phrases Petere Debitum Petere Judicium c. the ordinary motions of the Councell or Parties in all our Courts of Justice for Law or Right without written or verball Petitions for them and the Scripture it self resolve yet such is your unparalleld injustice toward him that unlesse he will present a submissive Petition to you after the new mode wherewith he is unacquainted subscribed with his own hand you will neither release nor right him in any kind Which as it seems very strange unto him he desiring not meer grace or mercy from you but only common known right and Justice against undeniable oppressions by your selves and instruments so all his former Letters and his friends addresses to you being reall legall though not formall Petitions for right and justice yet denied him and formall Petitions even for right it self by the resolution of our Law-books the Records of our ancient Parliaments and late Petition of Right Petitions of this nature being originally due to our English Kings alone as their unseparable regall prerogative not to any Subjects whatsoever nor yet to the very House of Lords Commons or any other Courts of Justice Councell Judges Justices Great Officers or Grandees whatsoever being no King but Subjects which anciently were but the inferiour peoples hands or Masters of Requests to receive and present their formall Petitions to our Kings both in and out of Parliament and had no other Bils of Parliaments but meer Petitions of Right or Grace to the King whose Royall answer to them by way of concession made them Acts Lawes and his disassent meer Nullities as our old Parliament Records and the late Petition of Right 3. Caroli resolve Which transcendent Prerogative of our Kings alone by Law of meer Right incommunicable to any other Subjects he hopes you will not now arrogate to your selves by enforcing him through duresse to a formall submissive Petition to you as his Soveraignes before you will enlarge or do him common right or justice having both abolished and publickly engaged your selves and also others to your power against
excitato impulsa est Anglia Scotia quae Regna cum antea externorum hostium impetum depulerunt Nunc domesticis dissidijs debiltata et ad interitum jam inclinata sunt Id verò totum acceptum referrendum est istis sanctissimis patribus Gabaonitis Jesuiticis Which he ushers in with this precedent Observation concerning their carriage in America to subject it to the Spanish vassallage Eisdem artibus et hoc Religionis Nomine illas Provincias Hispanico Regi potentissimo subjicerunt à quo illi emissi Ut exploratores eo consilia omnia retulerunt Ut primum domestica dissidia excitarent deinde Hispanicos exercius in regna convulsa dissidiis domesticis debilitata adducerent Quod assecuti sunt omnia caedibus sanguine ita replent ut non solum Consilij Capiendi sed etiam Ne respirandi quidem spacium relinquant illis a quibus amanter humaniter fuerant excepti All which particulars being likewise more largly justified demonstrated in that elegant Solid Oration of the Parliament of Paris to King Henry 4. Anno. 1603. against the Jesuites restitution contrary to the former Parliamentary Arrest for their perpetual banishment out of France which they therein predicted would prove fatall to him as it did in truth by their manifold attempts against not only against the French Kings lives Crownes but also against the Lawes and Liberties both of the Realme and Church of France thus poetically expressed in an Epigram presented to King Henry the fourth the same year upon the same occasion by a true French Philopater Cui nam hominum ignotum est ' Jesuita nocte dieque ' Nil meditari aliud quam qua ratione modove ' Prisca statuta queant patriasque evertere Lege Inque locum ' antiquis totum in contraria nobis ' Jura dare sanctos privata ad commoda Ritus Flectere nulli unquam quod post mutare licebit ' Antique deflet proh libertatis honorem ' Auria libertas sic sic calcabere Sione ' Illa tibi fraenum injiciet Jesuitica pestis Vltima Fex hominum Satanaeque Excrementum Quo nil terra tulit pejus necfaedius unquam Mortem norant animare Et Tumultos Suscitare Hi submittant Proditores Hi subornant Percussores Excitant Seditiones Nutriunt Rebelliones Modo jubeat Romanus Vel sic postulat Hispanus Servit his Cor Sermo Manus Adds another In Officinam Jesuiticam I now referre it to the consciences of all my late Imprisoners and all other Subvertors Underminers New-Modellers of our ancient Fundamentall Lawes Liberties Parliaments Governments Kings and hereditary Regall Succession contrary to their former Oathes Protestations Covenants Declarations Remonstrances Professions Principles Resolves Commissions Trusts Advices Votes of the Majority of both Houses of Parliament and our three Kingdomes sadly to consider without passion or partiallity whether all our late intestine bloudy warres with their strange unparalleld Proceedings and Changes of this Nature which I opposed to my power proceeded not originally from the Jesuites projection suggestion and solicitation to ruine our Protestant Kings Kingdomes Lawes Liberties Churches Parliaments and whether they were not the very Jesuites reall though deluded circumvented Instruments in promoting accomplishing them with all earnestnesse violence zeal fury against the votes of the secluded majority of both Houses and of our three Protestant Nations to the Jesuites and Papist great content the grief of most Zealous Protestants the intollerable Scandall Infamy Dishonour of the most Zealous professors of the Protestant Religion and the exiting of many late and present bloudy persecutions against them by Popish Princes in Bohemia Austria Styria Savoy and other parts as a generation of Seditious Factious Antimonarchicall turbulent perfidious disloyall treacherous spirits and dangerous Regicides as they now repute them and publish us be in printed bookes and hereupon let them now resolve their own consciences and the world with what colour of Christianity Law Justice they could so illegally maliciously despitefully close imprison restrain my person seise all my Papers Records c. only to debar me from detecting opposing these their Jesuiticall Journey workers with my pen and indeavouring to translate the Odium of these their true originall Architects the Jesuites who are so impudent and malicious Vt etiam sua suorumque FACINORA AC PARRICIDIA EV ANGELICIS TRANSCRIBERE NON VERANTVR as Ludovicus Lucius proves by severall instances to render the Doctrine and Persons of the Protestants odious and detestable to the whole world And whose principall scope and designe is by severall stratagems to engage all Protestant Princes Kingdomes States Churches in unchristian divisions tumults warres between themselves and against each other Vt continuis se vonficient et atterent viribus ut COMMUNI MOX SUPER VENTVRO HOSTI RESISTERE NEQUEANT Sub nomine et praetextu Religionis Catholicae praesidioque authoritate Papae Hispaniarum Regis ubique locorum sese insinuare OMNIA DE NOVO PRO ARBITRIO SUO INSTITUERE ET AD JESUITICUM FUSORIUM CONFORMARE omnes Evangelicos igne ferro veneno pulvere tormentario BELLIS alijs Machinationibus opprimere viriliter extirpare Sicque SEIPSOS DOMINOS AC MAGISTROS TOTIUS MUNDI EFFICERE as those who please may read at large in Johannis Cambilhonus De abstrusioribus Jesuitarum artibus studijs in Hasenmullerus Hospinian Ludovicus Lucius their Historia Jesuitica Speculum Jesuiticum Watsons Quodlibets with others our New Statizers may do well most seriously to peruse and study the better to countermine the Jesuites pernicious plots against us for the future which have wrought such strange confusions warres alterations various Revolutions in Church and State amongst us in few years last past as all former ages can not parallel If any of my imprisoners or others demand why I did not during all the time of my close Restraints sue out an Habeas Corpus to procure my Liberty in a Legall way or why upon my Enlargement I brought not an action of false Imprisonment against my Committers or their under-Goalers to recover Dammages for my illegall Restrains or a Writt of Restitution to re-invest me in my Recordership of Bath of which I was injuriously dispossessed without cause or hearing by a Whitehall Letter and another time-serving Member introduced during my restraint I Answere 1. That the want of a true Legal Power Jurisdiction and Court of Justice from whom to demand sue and before whom to prosecute these Legal Writts disabled me to pursue them And to demand them from or prosecute them under those illegall Usurped New self-created Powers and Jurisdictions of the Jesuites projection which illegally committed and ejected me from my Recordership had been a reall acknowledgment of and submission to them on record as Lawfull against my Science Conscience Judgement Oathes Protestation Vow League Covenant our known Lawes Statutes and Parliamentary Declarations which I durst not in conscience or prudence violate to
hath a being since the Kings beheading the Lords suppression and most Commonâ—â—eclusion as you hold it hath an high infringâ—â—nt of the Priviledges of Pâ—rliament of which whosoever are or shall be guilty they are by several Orders votes aâ—d Ordinances of Parliamâ—â—t declared to be Enâ—mies both to thâ— Parliament and Coâ—mon wealâ—h of England â—nd to be apprâ—â—ended and procâ—â—ded against as such In all which respects your present Warrant and the execution of it being so diametrically contrary to the known Laws and Statutes of the Realm the votes and Declarations of both Houses of the Parliament in mine own and others cases and the late Declarations of Febr. the 11. and March 17. 1648. of those now acting I shall of meer Right not any grace or favour demand and expect from your self and your Assâ—ciates of the long Robe my quondam speciall Friends who know all the premises to be Law and this Warrant most illegall a present revocation and condemnation â—hereof as such and my present absolute inlargement without any condition restriction caution or engagement whatsoever which I resolved never to enter into being liable only to punishment when and if I do amisse and am legally convicted of it that so I may follow my Country affairs this harvest time without any such future interruption and vexation And withall to send me the names of my Accusers and their particular Accusation if there be any such that so I may recâ—ive reparations from them or you for this most injurious restraint to my great trouble cost and prejudice which I am confident you neither will nor can in Iustice or honor deny me But if this will not be granted as this my unjust restraint may then prove as prejudiciall to you as my former Imprisonments did to the Canterbury the Prâ—lates and Star-chamber and will cry as lowd to heaven against you as they did against them till God himself delivered me by some other means I shall then request this Justice only at your hands First that you would take care that my soul be not starved for want of spirituall food or free accesse unto it when there are any sermons in the Town where there is yet no setled Minister but a Lecture at some times and days A Libertâ— enjoyed during my former Imprisonments 2. That you will allow and take care for my dyet during my close restraint if you will needs keep me up a close Prisoner my estate being exhausted by my former suffrings the losse of my calling publick Taxes Free quarter and scarce able to support my family at home now left like sheep without a shepheard 3. That if you will not be so just and charitable that at least you will cause the 800 l. due unto me as contractor for which I never received oâ—e farthing though it cost and lost me double the value and I should never have demanded it but upon this extraordinary occasion of expence with all the free quarter certified to be due unto me for the last year under 〈◊〉 Commissioners hands and yet not satisfied to be forthwith paid to help sustain me during this my present extremity which I hope you will not delay or deny I shall till then remain Yours illegally restrained close Prisoner WILL. PRYNNE Dunster-Castle July 5. 1650. Mr. Prynnes second Letter to Mr. Bradshaw SIR I Informed you by my Letter the 5 of this instant Iuly of the forcible breaking and searching of my house and Study at Swainswick seising and carrying away my Person and Papers about Midnight on the Lords Day by a Party of Horse and my close imprisonment ever since in Dunster Castle by pretext of a Warrant signed with your hand the illegality whereof and of its execution I therein undeniably demonstrated by Acts Votes Resolutions of Parliament in my very case and proved them more exorbitant then the worst first proceedings of the Prelates High Commission Council Table or Star-chamber against me under the late King whom you your self condemned to have his head severed from his shoulders for a Tyrant demanding thereupon of meer right my present Enlargement from this unjust imprisonment with reparations for the same To which as yet receiving no answer after above a fortnights restraint contrary to expectation and Magna Charta it self Nulli negabimus nulli differemus justitiam aut rectum and hearing that by a like illegal Warrant under your hand made to Souldiers not sworn Officers they have broken open my Study seised all my writings Trunkes at Lincolns Inn carryed them to White-Hall contrary to the Law of the Land and Liberty and property of the Subject I am thereupon necessitated for the Defence of mine own and the Nations Liberties for which I have so deeply suffered in Defence whereof we have of late years spent so many Millions of Treasure and Tuns of Gallant English blood to make this solemn Protestation to you and all the world That these Warrants and Proceedings of yours against me are altogether illegal tyrannical and exorbitant contrary to Magna Charta the Petition of Right the Resolutions of the 3 last Parliaments the votes of both Houses in my very Case and the Cases of my Brother Dr. Bastwick and Mr. Burton the Law of the Land the Subjects Liberties and Property and many Declarations of the last Parliament published to the World To begin with the breaking up of my House Study seising of my writings and Papers Records and imprisoning my Person before any hearing examining or legal accusation against me by colour of your illegal Warrant the revived Exorbitances of the High Commission and old Council Table under which the Freemen of England formerly groaned and most sadly complained I shall desire you and the whole Kingdom by way of supplement to my former Letter to take notice 1. First That in the cases of my Brother Dr. Bastwick and Mr. Burton whose Houses Studies were broken open searched and their Writings Books Persons seised by colour of a Warrant from the High Commis old Council-Table the whole House of Commons upon the report of their Cases passed these two Votes Feb. 24. 1640. Resolved upon the Question That the Precept made by the Arch-Bishop of Canterbury and other high Commissioners for causes Ecclesiastical within the Realm of England for apprehending the body of Doctor Bastwick and for searching for and seising of his Books and the making and issuing thereof and likewise the Messengers Act in searching Dr. Bastwicks House and Study and searching and taking away his Books and Papers by that Precept ARE AGAINST LAW AND THE LIBERTY OF THE SUBJECT And March 12. 1640. Resolved upon the Question That the breaking open of Mr. Burtons House and arresting his person before any cause depending against him in the Star-Chamber and his close imprisonment thereupon are against the Law and Liberty of the Subject That Iohn Wragge hath offended in searching and faising thâ— Books and Papers of Mr. Henry Burton
by colour of the general Warrant Dormant from the High Commission and that that Warrant IS AGAINST THE LAW AND LIBERTY OF THE SUBJECT and that Sâ—rjeant Dendy and Alderman Abel have offended in breaking open the House of Mr. Burton and ought to make reparations to Mr. Burton for the damages he sustained by breaking open his house And that Iohn Wragge ought to make reparations to Mr. Burton for the damages hâ— Justained by breaking open his Study and seising his Books and Papers 2ly That after this the whole House of Commons in their Remonstrance of the State of the Kingdom the 15 December 1641. reciting many grievances therein complained of now acted over in a far higher degree than ever they were under the beheaded King sadly remonstrated That great numbers of his Majesties Subjects for refusing unlawful Charges Taxes New Oaths and Judicatures erected against Law have been committed tâ— long and hard imprisonments and others have had their houses broken up their goods seisâ—d and some have been restrained for their lawfull callings And that the very next day after the Parliament ended the fifth of May 1640. Some Members of both Houses had their Studies and Cabinets yea their Pockets searched which they declare to be contrary to the Law and the Subjects Liberty 3ly That in the Case of Members and such a one I still am if the Parliament or House of Commons be yet in being as you do and must affirm the whole House of Commons 3 Jan. 1641. published and printed this Order It is this day ordered upon the Question by the Commons House of Parliament That if any persons whatsoever shall come to the Lodgings of any Member of this House and there do offer to seal the Truncks Doors or Papers of any Members of this House which is lesse than to break open search and take them quite away by armed Souldiers as in my case or to foise upon their Persons That then such Members shall require the aid of the Constable to keep such persons in safe custody till this House do give further Order And this House doth further declare That if any Person whatsoever shall offer to arrest or detain the person of any Member of this House without first acquainting this House therewith and receiving further Order from this House That it is lawfull for such Member or any Person to assist him and to stand upon his or their guard of Defence and to make resistance according to the Protestation taken to defâ—nd the Privileges of Parliament 4ly That afterwards the Commons House in their Declaration of the same January in case of the 5 impeached Members published to all the Kingdoms further declared and ordered That whereas the Chambers Studies and Truncks of Mr. Denzil Hollis Sir Arthur Haslerigge Mr. John Pym Mr. John Hampden and Mr. William Strode Esquires Members of the House of Commons upon Monday the third of this instant January by colour of his Majesties Warrant have been sealed up not broken up searched and carryed away as mine are which is far more by Sir William Killigrew and Sir William Flemen and others which is NOT ONLY AGAINST THE PRIVILEGES OF PARLIAMENT BUT THE COMMON LIBERTY OF EVERY SUBJECT Whereupon we are uecessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arthur Haslerigge Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only he is guilty of the breach of the Liberty of the Subject and of the Privilege of Parliament and a publike Enemy to the Common wealth And that the arresting of the said Members or any of them or any other Member of Parliament by any Warrant whatsoever therefore by yours now without a Legal proceeding against them and without consent of that House whereof such Person is a Member IS AGAINST THE LIBERTY OF THE SUBJECT AND A BREACH OF THE PRIVILEGE OF PARLIAMENT And the Person that shall arrest any of these Persons or any other Member of the Parliament is declared a publike Enemy of the Commonwealth And we doe further Declare That the Privileges of Parliament and the Liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless his Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under his Majesties own hand to apprehend the said Members Whereupon those who sealed up these Members Studies and Truncks were committed Prisoners and threatned to be put by their places as some of them then were From all which Votes Resolutions Declarations to omit many others of this Nature I must conclude and protest that if the breaking up searching for seising and bare sealing up of the Doors Studies Trunks Papers of Subjects and Members of the Commons House or apprehending their Persons by Warrants from the High Commission old Councel Table and King himself by Pursevants and Clerks of the Council Table who were sworn Legal Officers be such an high violation of the Law of the Land the Liberty of the Subject the Privileges of Parliament and render such as are guilty thereof declared Enemies to the Commonwealth Then your breaking up searching my House Studies Trunks and seising of my Writings Papers Person by armed unknown obscure Souldiers who are no Legal Officers after all these Votes and Declarations must much more be against the Law and Liberty of the Subject the Privileges of Parliament and render you them and all who were active in it notorious Enemies to the Commonwealth of England unlesse you give me speedy Satisfaction and Reparations for the Injury and retract those violent Proceedings with shame and indignation which I Demand and expect of Right without further delay Next I must acquaint you that I and my Servant too have now been kept up close Prisoners and restrained from all Gods publike Ordinances above this fortnight by colour of your illegal Warrant whereas the whole House of Commons in their Remonstrance of the State of the Kingdom 15 Decemb. 1641. reputed and Declared this as the Compleating of cruelty under the late King That some Members deteined close Prisoners after the Dissolution of the Parliament 4 Caroli were deprived of the necessary means of spiritual Consolation in not suffering them to go abroad to enjoy Gods Ordinances in Gods house Which soul-murthering cruelty I now suffer by your unjust restraint and my Servant likewise I beseech you sadly to consider not only the great Scandal but impiety and danger of such restraints from publike Ordinances The Scripture defines the Devil himself to be the Original Author of such Imprisonments Restraints of Gods
Common Liberty of every Subject which they might resist with force but those to be publike Enemies to the State who attempted them Whereunto his Gardians replyed They were commanded by you to do it and therefore must obey without dispute against thesâ— Declarations Adding that they must and would kill hang or cut his throat though never acâ—used nor condemned of any offence if enjoyned by you so to doe so well were they versed in the Jesuites Doctrine and Practise of blind Obedience and Assassination too upon all occasions Of all which particulars though he earnestly complained to all and sundry of you by divers Letters yet he received not the least redresse But was to Mr. Lutterils and the Countries great charge and oppressing kept there still cloÌ„se Prisoner in Mr. Lutterils domestick Castle Lodgings with 20 Souldiers purposely to guard him sundry Months after the Castle walls and out-Houses there demolished before any notice or without the least â—atisfaction given to the owner thereof Mr. Lutteril damnified above 4000l thereby to recompense his former 6000l losses by the Kings party for his fidelity to the Parliament whom he served gratis as a Collonel and the Garrison thence removed by your speciaâ— Order which in Law reversed your Warrant for his Imprisonment there and set him free After which on the 12 Iune 1651. by a Warrant from Colonel Desbrow without any from you to increase his expences and vexation he was translated to Taunton Castle notwithstanding his Protest against it as being then set at Liberty in point of Law by Dunster Castles dismantling and that Garrisons dissolution to which only he was confined and no Prisoner to this Collonel nor subject to his Military Power by any Law he knew whither being brought close Prisoner he was for want of Bedding which the Governour could neither borrow nor hire in the Town so much did they detest his causelesse close imprisonment there mued up close Prisoner in an Inn over against the Castle even when some Collonels formerly in armes for the King were there set free with two Souldiers to guard him who had so much good manners as not to permit Captain Georges though then a Collonel of the County Militia Horse to see or speak with him in their presence unlesse he would first seek out his Governour at the Castle and gain his license two others of them having the like rudenesse at Dunster Castle as to quarrel with and affront two Devonshire Gentlemen of quality there visiting Mrs. Lutterel their Kinswoman only because one of them passing by your Prisoner as he was walking moved his hat and said God blesse you Sir without the Governours previouâ— licence and the other recited only a consolatory Latin verse to him out of Virgil whereupon they saucily told him he ought to speake no word or language but what they understood should answer it to you if he did And whereas he desired the Governour at Taunton being very near the Church to permit him to goe to the publick Ordinances there he having no Order to restrain him from them or so much as to imprison him there from you he peremptorily refused it whereupon he demanded leave to send a Note to Taunton Church to desire the Prayers of that Congregation from which he was debarred to this effect Mr. William Prynne having for 12 Moneths space last past been totally deprived of and debarred from Gods publike Ordinances which he enjoyed in his former close restraints and from free converse with men without any particular cause yet declared to him for this his strict restraint desires the publike and private prayers of this Congregation whereto he is now denyed accesse for restitution to Gods Ordinances and his just Christian and Civil Liberty after full ten yeans imprisonments and sufferings for Defence of our Religion and the Laws and Liberties of this Kingdome and Nation which Note he inclosed in a Letter to his Governour proving it to be a chief part of Christian Liberty and a Gospel Duty for him to desire and them to make their publick private Prayers to God for him in such a condition By Acts 10. 5. 12. Rom. 15. 31 32. 2 Cor. 1. 9 10 11. 2 Thes 3. 1 2. 2 Tim. 1. 2 3. Adding that all the world and his own Conscience would cry shame on and condemn him if he should now deny him the benefit thereof Upon which his Governour was so surprized that to prevent the infamy of stopping this Note or reading it publikely in the Church if sent he ordered his Lieutenant to accompany his Prisoner to the Congregation with his two other Guardians About two weeks following upon a bare Information That Taunton was an unfit place for his restraint because he had some acquaintance and good accommodations for Soul and Body there and was nearer his friends than before though not unfit for Collonels of that County formerly in Armes against the Parliament there lodged in Innes and private houses walking about the streets at pleasure with one single Soldier only to guard them he was about the 27 of June 1651. by your fresh warrant upon few hours warning before he could procure a horse for his Servant or necessaries for so long and costly a journey notwithstanding his special open Protestation against his transcendent vexation and reading the late unanimous Votes of all the Commons and most of your selves in Parliament against it in his own aud his former fellow sufferers Cases to his Condnctors mounted against his will upon a Troopers Horse without his Servant cloaths or Linnen by a party of Captain Warringtons Troop and by them carryed close Prisoner that night to Crediton in Devonshire and from thence by other fresh Parties of other Devonshire and Cornish Troops who were all generally very civil to him some of them having formerly conducted him voluntarily towards London in his return thither from his pristine close restraints in ferein Castles and lamenting they were now forc'd against their wills to conduct him to a new close Prison without an cause or crime at all expressed in their Warrant He was on the 2 of Iuly 1651. brought close Prisoner to Pendennis Castle near the extremest parts of Cornwall 50 miles further than the Star-chamber Lords by their last severest sentence sent Dr. Bastwicke and him whether his very trespassing Beasts could not be driven by Law being above one hundred and fifty miles from his house near two hundred and fifty miles from his Library and usual Residence at Lincolns Inne out of all common roads where his kinred friends at such a vast distance can neither conveniently visit send to hear from nor supply him with necessaries where he can have no accommodation of Books to read nor of Physick Physicians or other conveniences in case of sicknesse nor lodging fit for a Gentleman being for three Months space imprisoned in a narrow Chamber newly made for him for want of other Lodgings just over and
the purity of Gods publick Ordinances and sending of Letters when first approved by himself such a Ward and School boy is he yet to this very hour under your Free-State even after the Court of Wards quite voted down And whereas all Collonels and Gentlemen heretofore in actual Arms against the Parliament here or elsewhere secured in their proper Counties only not in foraign in the late times of danger were a full year since enlarged from their far more favourable restraints than his by your general Order and many Theeves Felons legally deserving death both pardoned and set free without any Petitions to you from them and not only diverse Popish Recusants in Aâ—mes but some Popish Prâ—ests and Jesuites imprisoned before your Government absolutely released under it yea exempted from the very Oaths of Supremacy and Allegiance specially provided prescribed by the wisdom of many pious Parliaments for the detection and prevention of their manifold treasonable practices against our Realms Princes Parliaments Government Laws Liberties and Religion from some if not all old penal Laws formerly made and those 5 new excellent Bills and Oaths of Abjuration for their better speedier discovery aâ—d suppression so earnestly pressed by our late zealous Parliaments and consented too by the late King so much taxed by you for indulgence towards them in the last Treaty without scruple yet since quite buried with â—im in oblivion and some of them unwittingly as is conceived entertained as Troopers Souldiers in pay in your very Guards for want of such strict inquiries after them and such meanes to prevent their coming over and to detect them as formerly and not one of them for ougâ—t he can hear close imprisoned if imprisoned at all in remote Castles under such Guards Centinels Restraints as his forementioned though in near one hundred printed Declarations of Parliament remonstrated to the World to be the Original Contrivers the chief Incendiaries Fomentors Promoters of the first late Warres between Scotland and England and the late King and Parliament of purpose thereby to subvert the Protestant Religion both at home and abâ—oad destroy that last and all future Parliaments our Lawes Liberties and former setled Government and introduce Popery Anarchy Slavery and Military Tyrâ—â—y in their plâ—câ—s Whereupon they are grown so audacious as not only secretly to infuse their Jesuitical Tenents Practâ—ces Poliâ—icks of most dangerous consequence exprâ—ssed in sundry former Acts of Pâ—rliament purposely enacted to prevent them into the Souldiery aâ—d Peâ—ple now much infected with them but likewise by their instruments to translate print and vend publiquely throughout the Nation without Inhibition or Punishment their Jesuitical Books even in folio professedly assâ—rting both thâ— Popes Supâ—emacy praâ—ing to Saints and Angels Purgatory Masse Transubstantiation and all other points of grossest Popery for undoubted Truths necessary to Salvation and also positively maintaining our true Protestant Religion to be grosse Heresie and our late famous Queen Elizabeth with all true professors thereof to be damnable Hereticks Witnesse the Jesuite Edmond Causin his Holy Court printed in several folio Tomes in London it self translated into English by Papists Jesuiâ—es and dedicated to the two greatest Female Papists Queen Mary and the Dutchesse of Buckingham sold publikely under your Noses and elsewhere with the very Jesuites badge S. I. Sâ—cietatis Iesis in Capitals in the Title Page and this bold subscription Printed at London by William Bently Anno 1650. since his close imprisonment by you and are to be sold by Iohn Williams in Pauls Churchyard where all these Popish Tenents are largely maintained to the great Scandal and Offence of all true Protestants as you may read at leisure Tom. 1. p. 30 to 38 63 64 68 74 75 Tom. 2. p. 168. Tom. 3. p. 425 to 430. 461 462. Tom. 5. p. 173 174. 304 to 319 The Angel of Peace to all Christian Princes p. 10 11 and elsewhere to omit all other Iesuiâ—ical Arminian Popish Erroneous Books against our Religion now publikely written printed vended by thousands under you with impunity though so lately charged pressed by the whole House of Commons against Canterbury as an Article of High Treason for which amongst others he lost his head by Iudgement of Parliament and your own concurrent Votes and Approbations Yet he who out of pure love zeal to his God true Religion Country Parliaments hath constantly stuck unto and written most of any man in times of greatest need and danger in defence of the just Power Rights Privileges of our true English Parliaments and Nation against all Opponents against all late introduced Arminian Popish Iesuitical Errours Doctrines Ceremonies Innovations Books and made the first the fullest discoveries of and Oppositions in print of any man with no little pains cost losse danger against their manifold dangerous Books Practices Plots Conspiracies to undermine our Religion Parliaments Laws Liberties Government and involve all Protestant Kingdoms States Churches in bloody intestine wars to their own mutual destruction but these Iesuites insultation exulâ—ation and that by approbation authority of Parliament and most of your applauses And hath particularly informed some of you by Letters since his restraints of admired indulgences towards Priests â—esuites of one particular noted Iesuite who for a fortnights space together disputed with a friend of his at St. Omers with 5 other Iesuites more about August 1649 since listed a Trooper in your Guards and of this late printed Iesuites folio Book without any reformation or suppression of either upon his complaints thereof during this their licentious Liberty and Freedom to their grand Rejoycing Advantage and the great Grief Offence of most really affected to our Religion or the publike weal without any cause hearing or release must be shut up and continued close Prisoner by you year after year and sent from one remote Castle to another remoter and worser than it and there kept under strictest Guards Centinels Restraints and most injurious Duresses as aforesaid without any hopes of release notwithstanding his manifold Letters and Addresses to you joyntly and severally in such a way as becomes him though not by unworthy complyances in submission to the self-created new Powers and Titles complaining of these fore-remonstrated Proceedings Searches Imprisonments Translations and Restraints in forraign Counties Castles under Souldiers without any precedent Indictment Tryal and Crime yet specified and undeniably manifesting them to you to be coâ—trary to all Laws of God Nature Nations the Common Lâ—w and Great Charter of England and other forecited known Statuteâ— Iudgementâ— Declarations Resolutions Râ—monstrances of all our late Parliaments the expresse Votes and Resolves of both Houses of Parliament in his own late particular case and others the indubitable Birthright Franchises of eve y English Freeman of very dangerous President Conseqâ—ence to Posterity and in sundry respects far more exorbitantly unrighteous than his former Grievances and Imprisonments under the worst of your discarded condemned decapitated
Kings and Kingship as Tyrannicall and overmajesticall and with them as he conceives both exploded and engaged against this their sublime Prerogative of suing only by Petition even for common right and that you will not still detain him close Prisoner upon this account alone for not suing to you by Petition for what is due to him ex officio mero as his birthright without any suit at all by all Laws of God and the Land before any new Law or Statute made justly intitling you to this old regall preheminence The rather because the Heathen Magistrates of Philippi when upon the peoples bare accusation of Paul and Silas as Disturbers of their City and teachers of customes contrary to their Government had taken and cast them into Prison and commanded the Jaylor to keep them safely without any legall Indictment or tryal but for one single night were so just and reasonable as the very next morning without their Petitioning for liberty to send their Sergeants voluntarily to the prison to release and tell them that they might depart their City in peace And when as Paul like a true magnanimous Christian carefull to preserve his own liberty yea and all the Romans too invaded by this injurious proceeding thereupon replyed thus to their Sergeants They have beaten us openly being Romans and UNCONDEMNED and CAST US INTO PRISON and now do they thrust us out privately without reparation of this our indignity and shamefull usage Nay verily but let them come themselves aud fetch us out with honour and confession of their injustice as they have cast us in with shame Whereupon the Sergeants relating his words to these Magistrates they feared when they heard they were Romans and in stead of expecting a Petition from them by reason of their high Magistraticall authority they came presently to the Prison AND BESOUGHT or petitioned THEM to pardon and passe by this great injustice AND BROUGHT THEM OUT OF PRISON AND DESIRED not imperiously commanded them to depart out of the City And hereupon they went out of the Prison and entred into the house of Lydia visited and comforted the Brethren there and then departed Act. 16. 12 to the end And should not you then who professe your selves Saints of the highest forme after your injurious searches apprehensions and other indignities offered to an English Freeman Parliament-man an eminent Servant too and Martyr for the publick a Christian a Patron of Religion a Bencher of an Inne of Court as honorable in each respect as any ancient Roman and as much priviledged by our Lawes and that not for one night onely but two whole years and three months close imprisonment of him even under stricter Gards then they in three severall Garisons now incite and engage you voluntarily to send your Officers hither then enforce him to send to you to set him free and because you have so much oppressed him being better then a meer Roman and so long cast him into Prison unheard and uncondemned that you should not now privily release nor extort an unworthy Petition from him before you set him free but out of a conscientious consideration of your apparent injuries and injustice to him and a true Christian fear of a strict account for it both to God and Man if unrepented or unrepaired by you imitate these Heathen Philippian Magistrates whose president is recorded in the very Gospell for this end and now at last come your selves in person and in stead of expecting his petition to you who have done him so much injury and more invaded the whole English Nations Priviledges Liberties in his unrighteous sufferings under you then the Philippians did the Romans or St. Paul under them beseech and petition him to pardon and not to persecute these your illegall extravagances upon your unfeigned sorrow for and publick acknowledgement and reparation of them and then to bring him out of his present Prison with as much publick joy and honour into London as he was formerly brought in thither by some of your selves and thousands more from his long close imprisonment by your Lordly Whitehall Predecessors to all honest mens rejoycing and the whole discontented Nations satisfaction as well now as then and Reparation of all violations of their common Rights and Liberties by the dangerous president of his late restraints your yet unrevoked uncancelled illegall warrants deserving as heavy a Parliamentary censure of condemnation as any of your Predecessors illegall Warrants and Sentences against him unanimously condemned and for ever vacated as repugnant to the forecited Lawes Statutes and destructive to the Subjects common Liberty by the Votes of all the Commons House and concurrent judgement of the House of Lords Upon serious consideration whereof as he cannot in prudence or conscience submit to any such extorted Petition to you as you by plain duresse against Law and Justice would enforce from him to the betraying of his own and the whole Nations Franchises and Birth-rights by so ill a president so being injuriously deprived of all other legall means of Relief by Habeas Corpus or other writ or action of Law of which common inherent Birthright of all English freemen he and all conscientious non-engagers after all their late Losses Sufferings Writings Fightings expences of their Estates Treasures Blood Fasts Prayers and still continued incessant heavy contributions for the pretended just preservation and defence thereof by a new invented MONSTROUS PREMUNIRE transcending in his judgement all unrighteous Acts Edicts Encroachments of regall Tyranny and injustice upon the peoples Rights and Franchises by beheadâ—d King Charles or any other of our English Kings are most wrongfully disinherited and of the benefit protection of all our Lawes in all Courts of justice at one blow by you and others in power against the expresse Letter of Magna Charta the Petition of Right assented to and ratified even by decapitated King Charles himself the usuall Oaths of all our Kings Judges Justices Chancellers and great Officers heretofore the late solemn Protestation Vow Covenant all printed Declarations and Ordinances concerning the Army or Monies the last Parliament your own Remonstrance for altering our Kingly Government into a Free State March 17. 1648. and sundry other your publications since and that without any hearing Tryall Crime Conviction or just forfeiture thereof upon Record as if he and they were now meer alien enemies in their Native Countrie new villains in grosse or regardant only to you their fellow subjects in present power even in your new-erected Free State though never such to or under their cashiered Kings Whereupon he is now necessitated for regaining preserving his own and all other Freeborn Englishmens just rights and Liberties transcendently violated by these his illegalrestraints who hath written suffered most of any man for their maintenance which otherwise might and would be made a leading president to oppresse all or any others in the self same kind by way of finall addresse to present
who professed himself a Lawyer or ware a Gown upon his back durst affirme That about 50 or 60 members only of the late Commons house confederating with the Army-officers to destroy condemn and behead the King the * head of the Parliament abolish the whole house of Lords the ancientest honorablest chiefest of branch our English Parliaments Wherein the judiciall power of Parliaments wholly or principally resided and secure seclude the majority or five parts of four of the whole Commons house only for voting according to their consciences and endevouring to settle the Peace of the Kingdome after eight years bloudy wars and to subvert all future reall English Parliaments contrary to their trusts and duties the very expresse words of the writs and retornes of those by whom they were made and elected members contrary to the direct tenor of the Oaths of Supremacy and Allegiance which they took and must take before they could sit or vote as Members contrary to the Solemn Protestation Vow League and Covenant which they all made and took after they were Members contrary to their manifold printed Declarations Remonstrances Ordinances Votes whiles there was a reall Parliament and they actuall Members of it contrary to the Desires Petitions of those who intrusted them yea contrary to the principles of the Protestant Religion the Priviledges Rights of Parliaments the fundamentall Lawes of the Land which they professed covenanted ingaged inviolably to maintain as they were Members should be a true and unquestionable Parliament of England of themselves alone without either King or House of Peers or the mainity of the secured and secluded Members especially after the Kings beheading which actually dissolved the Parliament and sitting still under the over-awing guards and force of the Army demanding of him in an earnest manner by what Parliamentary or Legall Records Histories Law-books resolutions of our Judges or Courts of Justice he could prove that unparliamentary Juncto to be a lawfull English Parliament when as his own science and conscience must attest that they all declare and resolve them to be no Parliament at all Whereunto he replyed he must needs confesse that all Records Histories and Law books were clear against him that they were no legall Parliament but yet yet in this case of extremity wherein we then were It was lawfull for the minor part of the Commons Houses to seclude the King and house of Lords with the major part of their fellow-commoners when they would have endangered the ship of the Common-wealth to preserve it from drowning as I my self granted in one of my Books that the Mariners might secure the master of the Sip and thrust him from the sterne in case he would wilfully split it against a Rock or Quick-sands to preserve the ship and themselves from perishing to which I rejoyned that the similitude suited not with the case in question For the secluded majority of the Commons and Lords house according to their trusts duties at the earnest desires of the generality of our three Kingdomes endevoured to preserve and secure the ship of the Common-wealths of England Scotland and Ireland and bring it into a safe harbour by a happy close with the late King upon far more honourable terms and propositions for the subjects benefit liberty weal security to which the King consented then ever we or our ancestors enjoyed or our posterities can hereafter hope for and laboured to their power to prevent those bloudy intestine wars between our Protestant Realms and Allies and that prodigall expences of many millions of treasure which this viâ—lence upon the King Peers and Commons house have since produced and is still likely to occasion by these few Members confederacy with the Army who in stead of saving have quite wracked the ship both of our true ancient Parliaments and Republicks and of their new infant Common wealth too and left us in a more desperate distracted unsetled condition then they then found us which he conâ—essed to be true Therefore he could no wayes justifie this their violence much lesse infer from thence that they were an undoubted true English Parliamâ—nt for by like reason he might make the Army or Generall Councell of Army Officers the chief authors and actors in this violence only to perpetuate their own armed power and our intestine wars for their own private ends as now all clearly see a true English Parliament as well as that Fag end of the house of Commons confederating with them who now too late repented of this their folly treachery and heartily wish they had joyned with us in our really endevoured and neer accomplished settlement upon the Kings confessions which now they despair of more then ever to enjoy under any New Government To the second I replyed that admit them to be a true English Parliament which I could not grant yet certainly they neither would nor could grant him or his Whitehall associates any such unlimited arbitrary instructions and Tyrannicall power to close-imprison me or others in remote Castles under Souldiers to break open ransack our houses studies seize our writings records deny us liberty of Gods Oâ—dinances or free commerce with others by conference or Letters which the whole Parliament and themselves so lately condemned sentenced and publickly voted declared against as repugnant to the great Charter Lawes Liberties properties of the Nation in my own and others cases and made new acts against And if any such exorbitant tyrannicall power had been granted them upon any pretence yet the Statutes of 25 E. 1. c 1 2. E. 3. c. 1. declare them to be null and void and himself knowing them to be such in law could neither in justice nor conscience pursue them to mine or others prejudice To the third I subjoyned That the many desperate plots and conspiracies against the true reall Common-wealth of England were on his and his associates part who subverted our old Fundamentall Laws Government Monarchy Parliaments and the free course of justice by arbitrary power force and Courts of highest injustice not on mine or the secured and secluded Lords and Commons who detested opposed all their apparent late plots aâ—d conspiracies against them and that now by Gods retaliating Justice they poor infant Commonwealth founded in Treachery Perjury Violence Injustice Bloud Tyranny was suddenly subverted destroyed by that very armed power which first erected and engaged to support it still But admit the allegation true yet this was very ill Logick and worse Law and Policy because there were many plots and conspiracies against their new infant Republick by others Ergo he and his Whitehal associates might close-imprison me after all my sufferings and services for the publick and all else they pleased in remotest Castles without cause or hearing though guilty of no reall crime plot or conspiracy which strange exorbitancy in my judgment was our principal cause of their new Commonwealths and Whitehall Councels suddenunexpected downfals However I being a Member of Parliament
secret treasonable plots practises had any hand in my last close restraints I cannot certainly resolve seeing my Imprisoners themselves have protested to me they know not by whose or upon what information I was Imprisoned But this some of my Restrainers have confessed to me and my friends That they believe the chief reason of my long close Restraints was to hinder me from writing any thing against their late proceedings and publique Alterations Lawes Liberties which I formerly averred in my Speech in Parliament and Memento when they were first put them in execution to be originally contrived and secretly fomented by the Jesuites to destroy our King Kingdome and Religion That Speech of the Parliament of Paris to King Henry the fourth of France Anno 1603. when he resolved to restore the banished Jesuites against his Parliaments arrest and advise being then my constant asseveration Faxit Deus ut sim falsus vates sed prospicio animo tandem HOC REGNVM OPERA JESUITARUM IN CINERES ABITURUM and that I verily feared and believed the vissible Instruments most active in those dismall Proceedings Changes Subversions then intended and since effected were but the Jesuites deluded seduced Instruments in reality And that which may now at last convince them thereof beyond contradiction is not only the irrefragable evidences lately published in my Epistle to A Seasonable Legal an Historical Vindication of the good old Fundamentall Liberties Rights Lawes Governments of England compared with the excellent Proclamations of Queen Elizabeth and King James against Jesuites but likewise that memorable Piece presented to the states and Nobility of Poland assembled in Parliament 1607. to prevent the Seditious practises tumults of the Jesuites in that Realm intitutled Consilium derecuperonda in posteram stabilienda Paâ—a Regni Poloniae per IESVITARVM ELECTIONEM Which clearly demonstrated That the Jesuites Society was purposely instituted by the Pope and Spaniard to advance their intended universall Monarchies and to be their principle Spies Intelligencers Instruments for this purpose the generall of the Jesuites being alwayes a Spaniard by birth or Allegiance and keeping his constant residence at Rome and their Order a most dangerous sharpe active sword whose blade secretly heathed in the bowels of all other Realmes States but the bilt thereof alwayes held in the Popes and Spaniards hands who weild it at their pleasure That the Jesuites instill this Treasonable Principle into their Schollers and Auditors That all Christian Kings and Princes as well Papists as Protestants who shall by any meanes whatsoever fall under the Popes indignation or Sentence or in any sort hinder the Jesuites Projects or not obey them in all things ARE HERETICKS and TYRANTS that thereby their Subjects are actually absolved from all Oathes Obedience and future Subjection to them Whereupon not only the people in generall but any particular person MAY LAWFULLY KILL and DESTROY THEM not without punishmemt only but likewise with GREATEST APPLAVSE and MERIT even of a CANONIZATION FOR A SAINT By which Jesuiticall Decree THE LIFE and DEâ—TH OF ALL KINGS and ALL THE CIVIL MAGISTRATES OF EVROPE IS SUSPENDED ON THE IESVITES PLEASURE If they favour them they may live and prosper If not THEY MUST PERISH Which the Jesuites proclaiming of the State of Venice through all Italy for most PESTILENT HERETICKS ABOMINABLE TYRANTS only for making lawes to bridle their covetousnes and banishing them for their disobedience and Treachery to the State though professed Roman Catholickes Their fury against Henry the 3. of France in stabbing him to deathâ— though never accused of Heresy and continuing till his death in the Roman Communion only for this reason Quod Seeptrum Regium non ei tradere volebat quem sibi Hi Socij tanquam idoneum mâ—litiâ—num suarum administrum gallicae Regem destinaveránt branding him both for an HEREâ—ICKE TYRANT for this cause alone after his death in severall Bookes REGIS BRITANNIAE PERPETVA PERICVLA the perpetual dangers of the King of great Britain by the Jesuites and the feare of all others who finde this Order offended with them aboundantly testifie After which ensues this considerable Passage touching the Jesuites restlesse eâ—deavours to subvert all Christian States and the Fundamentall Lawes of all Kingdomes crosse to their Designes especially such as concernc the Succession of their Kings or the Peace and Liberty of their Kingdomes and People which I desire the Newmâ—dellers of our Lawes Government and Subverters of our liberties sadly to consider DIXI quanta vis sit Aculei Jesuitici contrareges statumque regium quoties hunc molitionibus suis obstare inte Higunt Hic autem vos notare velim EJVSDEM PESTIS non minorem efficaciam esse IN OPPUGNANDA EXPUGNANDA REPVBLICA ATTERENDIS LEGIBVS quoties nempe sentiunt se ab his in institu◠â suâ venatione impediri Et quod AD LEGES attinet Hae politicae tineae illas praecipue arrodere consueverunt et exedere quibus jus successionis in regno continetur libertasque et pax publica confirmatur Qualem in Galliis praecipue invererunt Legem illam Salicam matriculam et Fundamentum illius regni perquam stirpis regiae mascula proles exclusis femeles ad Regnum sola admittitur Cujus Legis vigore successio Regni post interfectum Henricum 3. ad Henricum 4. Regem tunc Navarrae devolvebatur Quod ipsum cum SECTA JESVITICA suam interitum interpretaretur Tantum efficere potuit ut Galli hoc reipublicae suae fundamentum ipsimet subruere conarentur ascitâ contra hanc legem Philippi 2. Hispaniarum Regis Filia quam ex Henrici 2. Galliarum Regis filia susceperat in Regni sui haeredem Operis totius promotoribus internuntiis Jesuitis Quod autem Gallis Lex Salica praestat hoc Polonis ad huc Regum Juramenta conferunt per quae hactenus Reipublicae Liberae electionis jus conservatur quam periculose vero Hoc etiam libertatis nostrae fulcimentum ab his cetineisarrosum sit egomet dicere nolo necpublicum dedecus ipsomet divulgabo Ejusdem virtutiâ— illustre specimen coram oculis nostris in vicina Hungaria Austria Styria Carinthia c. ediderunt eo nimirum successu Vt obtritis legibus quibus praedictarum nationum libertas nitebatur partemearum Penitus oppresserint partem ad Extremam desperationem adegirint Hoc quidem rumor publicus hactenus constanter affirmat in praedictis Provincijs alicubi Illustribus et antiquissimae nobilitatis familiis publicè diem dictum esse intra quem se aut coram Jesuitarum tribunali sistant aut relictis patriis sedibus alio migrent Which a Noble Polonian Knight in his Oration against the Jesuites seconded in that Parliament of Polonia who relating the bloudy warres and tumults raysed by these Gibeanites throughout the Christian world India hath this memorable Passage concerning England Scotland Eodem motuab istis Jesuiticis Gabaonitis
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
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