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A95165 A true relation of all the remarkable passages, and illegall proceedings of some sathanicall or Doeg-like accusers of their brethren, against William Larner, a free-man of England, and one of the merchant-tailers company of London, for selling eight printed sheets of paper (all of one matter,) intituled, Londons last warning; as also against John Larner, and Jane Hales his servants. ... 1646 (1646) Wing T2899; Thomason E335_7; ESTC R200778 10,857 17

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Proceedings And in case any thing through ignorance might escape tending to the Infringing of his own or the Subjects Liberty be might have leave to recall it II. That as he was a Commoner or Free-man of England bee desired the Liberty of a Free-man not to answer to Interrogatories whereby to insuare himself or others III. That if it might please the Honourable Parliament to grant him the Liberty of the Common-Law hee would not doubt in a short time to prove some of his Accusers Thieves and Robbers not onely in the time of the Bishops but in time of this present Parliament Commit Whereat one of the Committee said Have you any thing more to say Larner Not till I heare of what I am accused Then the Accusers were called in and one of the Committee taking up the Book entitled Londons last warning said Commit Doe you know this Book Lar. I have seen it Commit How many did you sell of them Lar. Eight sheets and 14. they took in my House Commit How many did you buy Lar. Twenty five Commit What became of the other three Lar. I know not Commit Of whom did you buy them Lar. I desire the Liberty of a Free-man not to incrap my self or others Then they writ Hee denies to Answer to Interrogatories So they began againe and went over all as before and when it come to the Question Who did you buy them of One of the Committee standing up said Mr. Larner take heed and speak truth and spake as if you had taken an Oath though we tender none to you if you look at us as Magistrates And now Mr. Larner speak as if you were a Preaching Another upon hearing of his Name said Larner I promise you hee hath learned his Lesson very well Then Hunscott charged severall things upon him but being put to prove them he could not nor any thing else which was a transgression of any Law This being the second time of his being at Westminster but the first and last of his being heard though he was commanded and waited six severall times at that High-Committee Doore Thus Courteous Reader this our Worthy Friend and Fellow-Commoner of England being turned over to the House of Peers I shall first present thee with the Copy of Three Petitions one from his Wife to the House of Commons and two from himself to the house of Lords with two Letters from him to Parliament-men before I present thee with the particular Passages concerning this businesse in the House of Peeres but first I shall insert the Copy of the Two Warrants for his and his two servants Commitments his Commitment being foure dayes after hee was Prisoner in Maiden-lane two dayes whereof hee was kept Close-Prisoner by the Stationers sole command as appeares by the date of this following Warrant 28. Martij 1646. At the Committee of the House of Commons for Examinations IT is this day Ordered that William Larner be continued in the Custody of the Marshall of London in the New-Prison in Mayden-land as he was before till further Order from the House of Commons or this Committee To the Marshall of the City of London Keeper of the New-Prison Die Jovis 16. Aprill 1646. IT is this Day Ordered by the Lords Assembled in Parliament that John Larner and Jane Hale shall stand committed to the Prison of the Fleet for refusing to take Oath to testify their Knowledge as witnesses in a cause depending in this House untill the pleasure of this House be further signified and this to be a sufficient warrant in that behalf Jo. Brown Cler. Parliament To the Gentle-man Usher attending this House to be delivered to the Warden of the Fleet or his deputy To the Right Honourable the Knights Citizens and Purgesses in PARLIAMENT Assembled The humble Petition of Ellen Larner wife of William Larner Sheweth THat Your Petititioners Husband to the ulmost of his Power hath endeavoured to advance the service of the Parliament having therein lost two Servants and been himself Sutler to the Regiment of the Right Honourable the Lord Roberts in which Regiment is due to your Petitioner the Sum of 46. Pounds 6. Shillings 6. Pence as by evident proof bee is able to make appear And during his absence since his returne home the Wardens and Beadle of the Company of Stationers did sundry times search ransack and break open your Petitioners Trunks and injuriously carry away her goods contrary to Law and any Warrant which they could produce And since his return home hee hath been by the malice and instigation of the said Wardens and Beadle committed to close Prison and is yet in custody and your Petitioner being with childe seeing the violent apprehension of her husband fell into a dangerous sinknesse to her great charge and dammage by all which agreevances Your Petitioners estate is totally consumed and her Husband greatly indebted and is utterly unable to defray the charge of imprisonment supply the extream wants of his Family which is 6. Persons or relieve his aged Father and Mother who are past labour and were lately Plundered in Gloster-shire or satisfie his Creditors Wherefore Your Petitioner most humbly prayeth this Honourable Assembly to be pleased to Order that her Husband may be suffered under sufficient Bayle to follow his Calling thereby to prevent the apparent ruine of himself and his whole Family And he will be ready to Answer to any thing wherewith hee shall be justly charged when hee shall be commanded before this Honorable Assembly And your Petitioner shall ever pray c. Which Petition the Petitioner humbly offered first to Sir Isaac Pennington a Commissioner for the City of London to the Parliament and next to Sir Matthew Baynton to be presented to the House of Commons but they absolutely refused to meddle with it at all To the Right honourable the House of PEERES The humble Petition of VVilliam Larner Sheweth THAT Your Petitioner hath been in Actuall Service for the Parliament and shall be ever ready to approve himself in all his Actions to be such as he doubts not but to cleere himself of the Accusations laid to his Charge if he may have the benefit of the Law which is his Birth-right That your Petitioner is not bound by Law to Answer Interrogatories against himself nor others till he hath the same to consider of and then your Petitioner is at liberty to put in his Answer in writing neither can Your Petitioner by law be proceeded against being a Free Commoner but by the Try all of his fellow Commons in Actions criminall according to Magna Charta Therefore Your Petitioner humbly prayeth that he may have the benfit of the law and that he may not be compelled to answer to Interrogatories till a legall Charge be given against him at law and then according to law he may be permitted to make a legall Defence And Your Petitioner shall ever Paray c. WILLIAM LARNER But the Petitioner not hearing of any Issue concerning his enlargement
of your own Priviledges so give us leave to stand for our Liberties and let it be your care to see the same preserved I have been in the space of 12 dayes committed to two severall Prisons kept Close Prisoner and for certaine dayes none permitted to spake to me or come at me and worser used then they doe Thieves Murderers or Traytors and yet my charge no other then for felling Eight Printed sheets of Paper Intituled The last Warning to London which I bought in my shop as the manner of our trade is to buy Books of all sorts This bearer can informe you of the truth of my bad usage how my wife hath all this while been sick in pangs like a travailing woman being frighted with Hunscott and those that have seven severall times searched my House who took away from me much of my goods Sir I have heard a good report of you and of your readinesse in furthering honest mens causes I desire nothing from you but the benefit of the good Lawes made against Oppression Oppressours that you will not suffer me to be ruined by these Old Informers and Quandam servants to the late Bishop of Canterbury and if by your mediation to the House of Commons I may obtaine so much favour as to have Common Justice which is every Free mans Birth-right to make my legall Defence and liberty given I doubt not but to cleer my self and prove that some of those my Accusers not onely to be Thieves and Robbers of other men but such as are and have been unworthy Promoters and Informers under the Bishops by which trade they live and subsist and if by legall conviction I be found guilty I shall not refuse to submit unto such exemplary punishment as by the law may be inflicted upon me but in case I suffer unjustly through your neglect and you shall refuse to give me your Assistance for the freeing me from the malice of these base Informers If I cannot yet some of my friends will make it knowne to the World where the fault is how Justice is denyed us besides how I was actually a long time in the Parliaments Service adventuring my self for them in this Warre and how 461. 6s 6d is due to me as the Right Honourable the Lord Roberts and many of his Officers of his Regiment can informe you and till you pay the Principall whether these cruell doings and Imprisonment must serve for Interrest I referre it to your own self to consoder of and how much if you suffer these things it will dishonour you besides alienate the affections of the People from you which that it may not be is the desire of him who is From the Goal of New-prison in Mayden-lane London the 3. of Aprill 1646. Yours to doe you any service as a Free Man WILLIAM LARNER This Letter was also delivered but no Answer returned Now to proceed to the businesse before the Lords The 8. Time of his being hurried to Westminster which was the second day of his going to the house of Lords Ap. 3. 1646. he being brought thither with two others to wit Mr. Giles Calvert and Mr. Overtons man Henry Crispe and standing at the Barre the Earle of Manchester saith Manchest Which is Larner Larner I am the man Manchester taking up the book in his hand said Manch Mr. Larner here is a Book intituled Londons last Warning which you are look'd upon to he both Author Printer and Publisher Laying that downe he took up a Paper in writing saying You are to answer to whatsoever this Court shall demand of you Lar. I desire this Honourable House to admit of one word that is Whether I be brought hither to be tryed by Rule of law or not Manchest Wee are not to Answer to your requests but you are to answer to all this House shall demand of you looking in the paper in his hand said Will you answer or not Lar. I humbly conceive it is provided in the Law that no Answer is to be made otherwise but by way of Bill or Answer in writing And I humbly conceive further that every Commoner in England in criminall Cases is to be tryed by the House of Commons as Magna Charta saith and therefore I shall humbly beseech this Honourable Court wholy to leave this Case unto them they having begun the tryall thereof already Whereat they were caused to withdraw but presently after both the Accusers and accused were all called in face to face Miller one of his Accusers thus delared against him Miller I went by the Lord Majors command to see if I could find out the Authour Printer or Publisher and comming to Cornhill at a shop found 8. or 10. sheets thereof where he was informed that Larner was the seller of them so hee and his fellowes naming Hunscott going thither found them lying in Larners Window before him as he stood at worke to which Hunscott agreed and added that it was proved at the Committee for Examinations by the Letter-founder that Larner was hee that bought the Letter which printed the Book How true this is all honest people may judge from the Founders owne words given in upon Oath which shall be inserted in their proper place But the Founder and the other Bookseller in Cornhill being not there they proceeded no further that day He being commanded the second time before the Lords his Accusers with their Witnesses were called also in the Witnesses which they presented were 3. Viz. Mr. Nicholls a Letter Fownder Woodnet a Book-seller and Conly a Pursevant These three were all sworn to speak the truth and nothing but the truth what they knew in this businesse concerning Mr. Larner Then VVoodnett was first asked about the Bookes how many he bought Who answered shall it please you my Lords I bought of Mr. Larner 8. or 10. Sheets I know not whether he is here that sould them and they that took them who can tell as well as I. Then Mr. Nicholl's was asked Whether Larner had any hand in buying the Letter of him or who did buy it he Answered Mr. Nicholls No hee never bought nor fetch'd any Letter from mee indeed Larner was proffered for Surety but I returned him because of his Poverty Lords Who then was bound Nicholls One Smith Lords From whom did you receive the money Nichol. Of the said Smith Then Smith was called in and sworn which done it was demanded of him Of whom he received the money Who answered Of Mr. Larner Then was demanded of Conly what he could say to the businesse Conly Shall it please you my Lords I am a Messenger to the Committee of of Examinations who sent me with Mr. Hunscott to search Smiths house and when we brought him along wee asked him of whom he received the money and he said of Larner and Mr. Hunscott bade me bear witnesse Lords And is this all you can say Conly Yes so they were all commanded to withdraw and after a little space Mr. Larner was called in alone Manchest Mr. Larner you see what course we have taken and you heare what is laid to your charge and proved by Witnesses under Oath Now it remaines that you should speak to cleer your self Larner My Lords shall it please your Honours as I humbly conceive if it be a Transgression of a law for being bound and for paying money for a Commodity then he that sold the Commodity hath also transgressed a Law Manchest Have you any thing else to say Lar. My Lords as for the Bookes I have done nothing but what is the manner and custome of all our Trade to buy all manner of Bookes being carried about to be sold at shops by Men Women Children and those being brought to my house I did not much minde them being busy about my other employment to wit binding of Bookes and to this day and houre I doe seriously declare to you I doe not know any one sentence in it except the Title for I never read six lines of it Manchest Of whom did you buy them Lar. May it please your Lordships as I said before so I desire againe that you may spare me in that thing for under favour I conceive that a man is not bound by any law or Reason To accuse himself or others and this was put to him 3. times but their Lordships must rest satisfyed for the man is more faithfully resolved and disposed for the preservation and vindication of the just lawes and liberties of this Nation then any wise to destory or annull them Lords What servants have you Lar. I have a Brother liveth with me which hath been 3. yeers in the Service by the same token he hath 16 or 17 l. due for the said Service and besides him I have an antient Maide neer 60. yeers of age Then he was committed to his Keeper and going away he was called back to know his servants names at which Passage hee was somewhat troubled and said 10 the two Clarks What is it not sufficient to keep me 18. or 20. dayes in Prison and make me waite 10. or 11. times but you must molest my family also To which one of them made this answer Wee have not used you so bad yet but Wee will use you worse before we have done with you Then upon Thursday Aprill 17. he with his 2. Servants was brought to the Lords Barre but his servants being commanded to be sworne they plead ignorance in an Oath Then the E. of Manchester told them They must swear to answer to such Questions as that Court should demand the which they refusing were both committed to the common Goal of the Fleet where they remain still in durance And upon the last of Aprill 1646. Hunscot and 4. of his Partners came in the night-time and searched Mr. Larners chamber and Pocketts in the Prison as other birds of their feather did that other worthy Prisoner Mr. Musgrave two moneths agoe in the Fleet who also suffereth for the Freedom of the Nation There is a little book called Every Mans Case newly divulged in the behalf of Mr. Larner and is printed with another Letter thereunto annexed FINIS
neither any kind of Answer of one or other after many dayes patience and attendance did send this second Petition To the Right Honourable the House of LORDS Assembled in PARLIAMENT The humble Petition of William Larner Citizen and Stationer in London now Prisoner in Maiden-Lane Humbly Sheweth THat Your Petitioner out of his good affection to the State left his Wife Family and Calling and voluntarily went in the service of the Parliament against the common Enemy where he continued a long time untill he was visited with sicknesse and thereby necessitated to come home and being much impoverished and wasted in his estate having lost two of his Servants likewise in this war and having received little or no pay there being in arrear and due unto him 461. 68. 6d upon account by the Parliament That Your Petitioner for the maintenance of his Family and charge following his former calling of Book-selling One Hunscott a Beagle of the Stationers with his Partners under colour of searching for Scandalous books did enter seven severall times into your Petitioners house and both break in pieces and forcibly carried away much of Your Petitioners goods having never hitherto made any restitution or satisfaction therefore That the said Hunscott in further prosecution of his malice hath of late againe broken in into and searched your Petitioners House apprehended and carried him to the Poultry Counter causing him to be kept close Prisoner severall dayes not suffering any of his friends to come at him and afterwards from thence to Mayden-lane Prison where he hath continued 22. dayes And for his further vexation and charges hath been carried Eleven times to Westminster yet no breach of any law ever proved against him That Your Petitioners Wife was so frighted by the said Hunscott and his Confederates that shee lay deadly sick like a Woman in travaile most of the time of his imprisonment And by reason that your Petitioner is taken from his Calling both hee and shee with their Family are ready to perish except some speedy course be taken for his Deliverance that hee may use lawfull meanes for their subsistance Your Petitioners humble suite is therefore That Your Lordships will be pleased to take his former Petition into your serious consideratin and in your noble disposition no longer to expose your Petitioner his wife and family to ruine which they cannot avoide if your Petitioner may not have his liberty and be permitted to follow his Calling for the maintenance of himself wife and family and the rather for that Your Petitioner hath not transgressed any knowne Law of this Kingdome but onely have done that which others of this trade daily use to doe even to buy and sell books of all sorts which are not prohibited neither can his Adversaries nor any others prove that he or any for him have bought or sold any of those Bookes for which hee is now questioned since they were called in and prohibited And Your Petitioner shall pray c. WILLIAM LARNER The Copy of a Letter from William Larner to Sir Henry Hayman a Member of the House of COMMONS as followeth Worthy SIR AFter my humble service presented these are to certifie Your Worship concerning the condition of your poor supplicant being imprisoned for selling Eight sheets of printed Paper intituled the Last Warning to London twice have I been kept close Prisoner that none might speak with me seven times brought from the New-Prison to attend the Committee of Examinations and but once examined and have not the least breach of any knowne Law found against me Also my wife being much frighted at their rigerous and harsh courses hath for these 12 dayes been very * * And during that sicknesse shee miscarried sick and likely thereupon to have a miscarriage having no guide for my Family they depending on the Labour of my hands for their bread having been formerly in the Parliaments Service in which also I lost two servants and my Father and Mother having been lately plundered by the Cavaliers being left very poore and having much of their relief from me out of my labour there being due to me for my service 46l 6s 6d Moreover my Accusers have since this day Twelve-moneth searched my house broken in pieces and unjustly carried away much of my goods under pretence of Authority from the PARLIAMENT fix severall times And at this present 3. or 4. others being in question for the same things yet they are at libertie and I in prison to my utter ruine and undoing which I desire your Worship to take into your consideration And as Job saith to open your mouth for the dumbe and as in duty I shall ever remaine New-prison in Mayden-lane London the last of March 1646. Your humble servant to command WILLIAM LARNER This Letter was delivered but no Answer returned The Copy of a Letter from William Larner to Sir Henry Veine the Younger a Member of the House of Commons as followeth Right Worshipfull THough unknown to You by face yet as a Commoner of England I am bold to present unto you my present Suffering condition and how illegally and Injuricusly I have been dealt withall and proceeded against by my accusers and Persecutors You that are intrusted for the Commons of England and have sworn and engaged your selves to defend their just Liberties and Freedoms for which they have so freely and cheerfull undergone all hazards should now after the Common Enemy is almost brought under suffer us daily to be cast into Prison and robbod by these wicked Proomoters and Informers Hanscott and his Fellows who ever made it their trade as well under and by the Bishops before this Parliament as now under and by colour of Authority from the Committee of Examinations to rob and spoile honest mens houses under the name of Searchers is strange to me yet could I never heare of any whom they thus searched for Imprisoned and broken their houses were ever convicted or proceeded against in any legall way I was carried before the Lord Major of London who would have examined me against my self contrary to Law and so committed after was I carried before the Committee of Examinations who would have had me to answer Intergatcries against my self just High-Commission-like to the end when they have not wherewith to charge me to get something from my self to give colour to their doings seven severall times they have had me at Westminster and now they labour to get me turned over unto the House of Peeres thinking to effect and compasse their mischievous ends upon me there which they cannot doe well elsewhere In all crimminall Causes you know Commons are to be tryed by Commons as Peeres by Peeres so that if any should attempt to bring a Peer to tryall by Commons the Peers would not give way unto it And I hope the representative body of the Commons of this Kingdome will never give the Commons right and Birthright into the hands of the Peers but as you are tender