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A70870 A new discovery of the prelates tyranny in their late prosecutions of Mr. William Pryn, an eminent Lawyer, Dr. Iohn Bastwick, a learned physitian and Mr. Henry Burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and Star Chamber their petitions, speeches, cariages at the hearing and execution of their last sentences Prynne, William, 1600-1669.; Bastwick, John, 1593-1654.; Burton, Henry, 1578-1648.; England and Wales. Parliament. House of Commons. 1641 (1641) Wing P4018; ESTC R13582 25,214 51

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this pastorall But this misinformation onely exasperating the King and Queene against Master Prynne for the present and not taking effect to worke his restraint their Majesties being truly informed by others that this booke was written and printed long before this pastorall was thought of the now Archbishop thereupon caused Doctor Heylin whom Master Prynne had refuted in * that booke by the by in a point concerning Saint George to collect such passages out of the booke and digest them into severall heads as might draw Master Prynne into Question for supposed scandals therein of the King Queene State and Government of the Realme Hereupon the Doctor drawes up such Collections digested into seven heads with his owne malicious Inferences upon them not warranted by Master Prynnes Text and delivers them in writing to Secretary Co●ke and the Arch-bishop The prelate thus furnished by his minion takes Mr. Pryns booke and these collections and repaireth with them on the second Lords-Daymorning in Candlemas Tearme 1632 to Lincolns Inne to Master Noy then Kings Attourney generall and keeping him on that sacred day both from the Chappell and Sacrament which he then purposed to receive shewed him the said book and collections of some passages out of it which he said his councell informed him to be dangerous charged him on that duty he owed to his Master the King to prosecute Master Prynne for the same Master Noy before this had twice read over the said booke very seriously and protested that he saw nothing in it that was scandalous or censurable in Star-Chamber or any other Court of Iudicature and had thereupon commanded one of the books which Master Prynne delivered him to be put into Lincolns Inne library for the use of the house in so much that he was so discontented at this command of the Arch-prelate that he wished he had beene twenty miles out of towne that morning But being commanded hee must obey and within few dayes after Master Prynne by this prelates instigation was sent for before the Lords to the inner Star-Chamber and by them sent prisoner with 4. of the Kings Guard to the Tower of London on Feb. the first 1632 with this warrant to which this prelates hand among others was subscribed AFter our hearty commendations whereas there is cause to restraine William Prynne Esquire and to commit him to your custody these are therefore to will and require you to receive into your charge the person of the said William Prynne and to keepe him safe prisoner in the Tower without giving free accesse to him untill you shall receive further Order for which this shall be your warrant From the Star-Chamber the first of Feb. 1632. Thomas Coventry Archbishop of Yorke H. Manchestour Dorset Faukland Guil. Lond. now Canter Edward Nuburgh Iohn Cooke Tho. Germine Francis Windebanke To our loving friend Sir William Balfore Knight Lieutenant of his Majesties Tower of London BY force of this generall warrant against Law wherein no cause of co●●itment is specified Master Prynne was kept pri●●●●r in the Tower without bayle or maineprise notwithstanding his oft petitions for release absolute or upon bayle till Master Noy sending for the said Heylins collections exhibited an Information against him in the Star-Chamber for his said licensed booke the 21 of Inne following and prosecuted it so that not permitting Master Prynne to be bayled not yet so much as to repaire to his Counsell with his keeper on the 17 of Feb. 1633. he procured this heavy sentence against him in that Court That Master Prynne should be committed to prison during life pay a fine of 5000 pounds to the King be expelled Lincolns Inne disbarred and disabled ever to exercise the profession of a Barrester degraded by the University of Oxford of his degree there tak●● and that done ●e set in the Pillory at Westminster with a paper on his head declaring the nature of his offence and have one of his Eares there cut off and at another time be set in the pillory in Cheap-side with a paper as aforesaid and there have his other Eare cut off and that a fire shall be made before the said pillory and the hang-man being there ready for that purpose shall publikely in disgracefull manner cast all the said bookes which could be produced to gather up which Messengers with speciall warrants were sent to bookesellers into divers Counties into the fire to be burnt as unfit to be seene by any hereafter no particular passages of the said booke on which their unparallelled sentence was grounded being so much as mentioned in the Information replication or decree as by Law they should and doubtlesse would have beene had they beene really effensive demeriting such a Censure But the innocency of these misconstrued and perverted passages being for the most part the words of other approved authors was the cause of their concealement and not recording and though many of the Lords never dreamed of any execution of this hard judgement and the Queene whom it most concerned earnestly interceded to his Majesty to remit its execution yet such was the prelates power and malice that on the seventh and tenth of May following even in cold blood it was fully executed with great rigour Whiles Master Prynnes wounds were yet fresh and bleeding within three dayes after his execution this Arch-prelate of Canterbury to adde more waight to his affliction against all Law and equity when there was no suite pending against Master Prynne in the High Commission his fine in Star-chamber un●streated granted this warrant out of the High Commission for the seisure of the books of his study conveyed to his Taylors house in Holborne of which his spies had given him Intelligence VPon speciall consideration These are to will and require you in his Majesties name by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seale of England to us and others directed that forthwith upon the receite hereof you taking a Constable and such other assistance with you which you shall thinke meete enter into the house of Thomas Edwards dwelling in Holborne and therein and in every severall roome or place thereof or in any other house or place as well in places exempt as not exempt and that thereupon you doe make diligent search for all Pamphlets books and writings either in hampers or otherwise belonging to Master Prynne and all such so found to seize and apprehend and attach or cause to be seized apprehended and attached and that thereupon you detaine them under safe custody and bring a true Inventory of them forthwith before us or others our colleagues His Majesties Commissioners in that behalfe appointed that thereupon they may be disposed of according to the * Law and as shall be thought meete and agreeable to Iustice willing and requiring in his Majesties name by authority aforsaid al Iustices of peace Majors Sherifes Constables Bayliffes and all other his Majesties officers and loving subjects to be ayding
and assisting unto you in and about the execution hereof as they tender his Majesties service and will answer the contrary at their perill Given at London this thirteenth day of May 1634. Will. Canter Na. Brent Jo. Lambe Utro Gwynne Arth. Ducke Ro. Aylett Tho. Mottershed deputatus Geo. Paule mi. Regstrar Regij To Humphry Crosse one of the sworne messengers of his Majesties Chamber and also to William ●la●sted his deputy and to either of them BY vertue of this warrant one cartlode of Master Prynnes bookes were there seised and carried away by Crosse of which Master Prynne complaining the Archbishop in the open Court in Star-Chamber denyed the granting of this warrant though yet extant under his hand and promised present restitution of the bookes and yet gave under hand order for detaining them till they were extended and sold for Master Prynnes fine in Star-Chamber such saith and truth is there in Prelates words and actions Master Prynne remained sundry yeares a prisoner in the Tower by force of the former censure during his imprisonment 〈◊〉 the prelates brought Doctor Bastwicke into their High Commission Inquisition for his Elenchus papismi and Flagellum Episcoporum Latialium and there without any just ground or cause at all passed a heavy and unjust censure upon him by vertue whereof hee remained close prisoner two yeares in the Gate-house the limbus pat●●m of our ghostly fathers where he writ a latine booke sti●ed Apologeticus ad praesules Anglicanos dedicated to the Lords of Councell declaring the injustice of the proceedings and censure against him in the High Commission which was printed and a letany in English Not long after Master Burton upon the fifth of November 1636. preached two Sermons in his owne parish-Church in Friday-streete in London upon Prov. 24. 21. 22. My sonne feare thou the Lord and the King and meddle not with those that are given to change c. wherein hee laid open the Innovations in doctrine worship and ceremonies which had lately crept into our Church and wished the people to beware of them The Archbishop hearing of it causeth Articles to be drawne up against him in the High Commission and summoned him to answer them out of tearme before Doctor Ducke at Cheswick where he appearing instead of answering appealed to the King which appeale was formally entred by the Register yet notwithstanding within 15. dayes after they summoned him to appeare before a private Commission at Doctors Commons by direction from the Arch-bishop and there suspended him both from his office and benefice and granted out attachments to apprehend him he hereupon keepes his house prints his Sermons with an Apologie to justifie his appeale which hee dedicated to the King with Epistles to the Lords of the Counsell to whom his wife presenting some of those printed Sermons by his direction was committed by the Lords for her paines The High Commission pursevants not daring to breake open Master Burtons doores to apprehend him the Archbishop and Bishop of London made a warrant to one Dendy a serjeant at armes to apprehend him of which this is a true Coppy THese shall be to will and require you to make your immediate repaire to any place where you shall understand of the present being of Henry Burton Clarks and having found him to take him into your custody and to bring him forthwith and in your company all delayes and excuses set a part before us to answer to such matters as shall be objected against him And you are further by vertue hereof to require and charge all Majors Sheriffes Iustices of peace Bayliffs Constables Headborughs and all other his Majesties Officers and loving Subjects to be ayding and assisting unto you in the full and due execution of this service whereof neither they nor you may fayle at your perill● And this shall be unto you and them a sufficient warrant Dated at Star-Chamber the first of Feb. 1636. * W. Cant. Guil. London Henry Vaine Tho. Coventrey Arundell and Surrey I. Coke To Edward Dendy Esquire one of his Majesties Serjeants at Armes BY force of this illegall warrant expressing no cause of Master Burtons apprehension as by law it ought serjeant Dendy came to Master Burtons house in Friday-streete the same evening betweene ten and eleven of the Clocke at night accompanied with Alderman Abel then Sh●●iffe of London and diverse armed Officers and Pursevants and be●●●ting his house * violently broke open his doores with Iron Crowes and attached him in his house he making no resistance and the High Commission Pursevants entring in along with him by warrant from the High Commission under Canterburies hand and others searched his study and tooke away such bookes and papers with them as they pleased and Master Burton that night was lodged where the preachers at Pauls-Crosse were entertained and there kept prisoner till the next day when insteed of being brought before the Lords as this warrant required hee was by another warrant without any cause expressed committed close prisoner to the 〈◊〉 the Coppy whereof to which Canterbury's 〈…〉 here followeth THese 〈…〉 will and require you to receive into you●●●●tody the person of Henry Burton Clerke sent herewith unto you and to keepe him * close prisoner in the Fleet not suffering any one to speake with him untill further Order whereof you may not faile at your perils and this shall be your warrant Dated at White-Hall the second of February 1636. W. Cant. Guil. London Arundell and Surry Pemb●ooke and Mountgomery T. Jermyn Io ●●oke Fra Windebanke To the Warden of t●● Fleet or his deputy MAster Burto●●ereupon was shut up sundry weekes close prisoner in the Fleet so as neither his wife nor friends could have free accesse unto him In the interim betweene his Sermon preached and his imprisonment two bookes the one intituled A Divine Tragedy containing a Catalogue of Gods late Iudgements upon Sabbath-breakers the other Newes from Ipswich discovering some late Innovations in Religion brought in by the Prelates and some extravagancies of Bishop Wren in his late Visitation were published in print without any Authors name annexed to them wherewith the Prelates were much vexed and perplexed And consulting with themselves which way to vent the extremity of their malice upon Doctor Bastwick Master Burton and Master Prynne they at last resolved to exhibite an information against them into the Star-Chamber in Sir Iohn Banks his Majesties Atturnies name with these two last named bookes Doctor Bastwicks Apology and Letany and Master Burtons Apology of his appeale and two Sermons thereto annexed which was done accordingly This information was exhibited into that Court the eleventh day of March 12. Caroli in the Vacation time against these three Gentlemen and others who were ordered to appeare and put in their answers to it immediately They served with Sub-poenas returnable immediatè contrary to the usuall proceedings of the Court refused to appeare being all three prisoners and two of them close prisoners before
unlesse they might have liberty of accesse to counsell to advise and assist them in their answers it being the Prelates ayme to deprive them of this liberty Of which the Lords being informed made this ensuing order wherein though they granted them accesse to Councell yet they denyed them the liberty of conferring together at Counsell though joynt defendants who might have joyntly answered contrary to the rules of Law and all former presidents One Coppy of which order sent indifferently to their three distinct prisons I shall here annex At White-Hall the 15. of March 1636. Present Lo. Archbishop of Cant. Lo. Keeper Lo Treasur Lo. Privy-Seale Lo. High Chamberlaine Ea. Marshall Lo. Chamberlaine Ea. of Northumberland Ea. of Dorset Ea. of Salisbury Ea. of Holland Lo. Cottington Lo. Nuburgh Mr. Tresur Mr. Comptroller Mr. V. Chamberlaine Mr. Sec. Cooke M. Sec. Windebanke VVHereas information was this day given to the Boord by Master Atturney Generall that he had prefe●red a Bill of Complaint in the Star-Chamber against Henry Burton Clerke and others and that the sayd Master Burton doth refuse to make answer to the said complaint unlesse he may have liberty to goe abroad to prepare and advise with his Counsell though his Counsell had leave to have accesse and to confer with him in the Prison Yet to take away all allegations or pretence for excuse herein their Lordships have thought fit and ordered that the said Master Burton shall have liberty to goe abroad with his Keeper to speake and confer with his councell when he desireth the same and that his sayd Keeper is to have speciall care that the sayd Master Burton doe not make use of the liberty to confer with other persons and that he be permitted to goe to no other place but to his sayd Councell And that the sayd Master Burton shall immediately appeare to the sayd Bill and make answer within ten dayes after And thereupon the Boord will give such further Order as shall be fit Ex. Will Becher THe Prisoners upon this order having liberty to goe abroad with their Keepers first repaired to the Lord Keeper and petitioned for counsell to be assigned them which granted they repaired to their counsell at Lincolnes and Grayes Inne where meeting together and conferring a short speech in the presence of their keepers with their counsell notice thereof was immediately given to the Archbishop whereupon their Keepers were sharply checked and charged not to permit them to meete or speake together any more which was strictly observed Master Prynne fearing that they should not be permitted to make a full answer to the Information drawes up a Crosse-Bill against the Archbishop and others wherein he charged them with usurping upon his Majesties prerogaetive royall with Innovations in Religion Licensing of popish and Arminian bookes and other particulars which Bil being ingrossed and signed with all their three hands Master Prynne tendred to the then Lord Keeper with a petition praying that it might be accepted under their owne hands since it concerned his Majesty and Religion so much and counsell durst not signe it for feare of the prelates alleadging in the petition that if the charges of the Bill were true as they were ready to make good with their lives then their Lordships as they hoped would thinke meete they should be examined and the prelates put to answer and punished for them If false that then the Bishops to cleare their suspected Innocency to the World would be willing to answer it since their declining its answer would imply a guiltinesse in them The Lord keeper receiving this Petition and crosse-Bill upon reading the contents thereof refused to admit it delivering it to the Kings Atturney and as I am informed the Archbishop demanded the opinion of the Judges Whether these three complainants might not be punished as * libellers for exhibiting this Crosse-Bill against him and other Prelates who all but one resolved that they could not because the Bill was tendred in a legall way and might not in point of law be refused the Kings Courts of Iustice being open indifferently to all his Subjects to sue or be sued However this Bill was suppressed by the Prelates power and Master Prynne within a weeke after his appearance to the Information by the Archbishops procurement had his Chamber in the Tower searched by Master Nicholas one of the Clerkes of the Counsell and a * pursevant of the Bishops sent to over-looke him part of his instructions for his answer they s●ised and carried them away to the Archbishop his servant who should sollicite his businesse was attached by a messenger and kept close prisoner in his house above ten weekes till after the hearing without baile or mainprise which was utterly refused the liberty of Pen Inke and Paper to draw up his answer and instruct his counsell was then also inhibited himselfe shut up close prisoner and all his friends debarred from him by a verball order only By which strange proceedings he was utterly disabled to put in his answer which hee earnestly desired and was denied accesse to his councell contrary to the Lords former order This done on the 28 of April Master Pryn and his Co-defendants by an order of the Court were injoyned to put in their answers to the Information by Munday next came sennight by the advice of their counsell and under their hands or else the matters of the Information should be taken against them pro confesso He having no liberty then to goe to his councell and they for feare of the Prelates being unwilling to repaire to him or to medle in the cause thereupon petitioned the Court that having beene a Barrester at law hee might have liberty to put in his answer to this Information under his owne hand annexing sundry reasons to the petition why his owne answer in this case ought to be received without the hands of his counsell This petition together with an Affidavit of the particulars therein alleged was presented and read in open Court the fifth of May 13. Caroli of which this is a true Coppy Master Prynnes first Petition to the Lords the 5. of May 13. Caroli To The right Honorable the Lords of his Majesties High Court of Star-Chamber The humble Petition of William Pryn close prisoner in the Tower of London Humbly sheweth THat whereas the petitioner on munday last received from Master Goad an order of this Honorable Court Dated the 28. of April 1637. Whereby he is enjoyned to put in his answer to the Information against him by munday next under his councells hands or else the matters therein contained shall be taken against him Pro confesso That the petitioner in regard he hath beene debarred all accesse to his councell a weekes space and more deprived of the use of his Servant who should sollicite his businesse for him being detained close prisoner in a Messengers hands debarred all acc●sse of friends the use of Pen and Inke and disabled both in