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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A97098 The fountain of slaunder discovered. By William Walwyn, merchant. With some passages concerning his present imprisonment in the Tower of London. Published for satisfaction of friends and enemies. Walwyn, William, 1600-1681. 1649 (1649) Wing W682; Thomason E557_4; ESTC R204437 31,569 29

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said to this effect that the Parliament had reposed a great trust in them for finding out the Authors of that Book and that the Councel were carefull to give a good accompt of their trust in order whereunto I had been called in and what I had said they had considered but they had now ordered him to ask me a question which was this Whether or no I had any hand in the making or compiling of this Book holding the Book in his hand To which after a little while I answered to this effect That I could not but very much wonder to be asked such a question howsoever that it was very much against my judgment and conscience to answer to questions of that nature which concern'd my self that if I should answer to it I should not only betray my own liberty but the liberties of all English-men which I could not do with a good conscience And that I could not but exceedingly grieve at the dealing I had found that day that being one who had been alwaies so faithfull to the Parliament and so well known to most of the Gentlemen there present that neverthelesse I should be sent for with a party of horse and foot to the affrighting of my family and ruine of my credit and that I could not be satisfied but that it was very hard measure to be used thus upon suspicion only professing that if they did hold me under restraint from following my businesse and occasions it might be my undoing which I intreated might be considered Then the President said I was to answer the question and that they did not ask it as in way of triall so as to proceed in judgment thereupon but to report it to the House To which I said that I had answered it so as I could with a good conscience and could make no other answer so I was put forth a back way as Mr Lilburn had been and where he was After this they cal'd in Mr Overton and after him Mr Prince using the very same expressions and question to all alike and so we were all four together and after a long expectance we found we were committed Prisoners to the Tower of London for suspicion of high treason where now we are to the great rejoycing of all that hate us whose longing desires are so far satisfied And to make good that face of danger which by sending so many horse and soot was put upon it a strong Guard hath ever since been continued at Darby house when the Councel sits And now again fresh aspersions and reproaches are let loose against us and by all means I that never was beyond the Seas nor ever saw the Sea must be a Jesuite and am reported to be now discovered to be born in Spain That because I am an enemy to s● ●●tition therfore they give out I intend to destroy all Religion and which I never heard 〈◊〉 now that I desire to have all the 〈◊〉 in England burnt that I value Heathen Authors above the Scriptures 〈◊〉 〈◊〉 know me can testifie how though I esteem many other good Book 〈◊〉 well yet I ever prefer'd the Scriptures and I have alwaies maintain●●● that Reason and Philosophy could never have discovered peace and reconciliation by Christ alone no● do teach men to love their enemies doctrines which I prize more then the whole world It seems I am used so ill that except by aspersions I be ●●●de the vilest man in the world it will be thought I cannot deserve it And though I were yet living under a civil Government as I hope I ever shall do and not under a Military I cannot discern how such dealing could be justified For admit any one should have a mind to accuse me o● treason the party accusing ought to go to some Justice of the Peace dwelling in the County or hundred and to inform the ●act which if the Justice find to be against the expresse law and a crime of treason and that the accuser make oath of his knowledge of the fact then the Justice may lawfully give out a Warrant to be served by some Constable or the like civil Officer to bring the party accused before him or some other Justice wherein the party accused is at liberty to go to what Justice of Peace he pleaseth and as the matter appeareth when the parties are face to face before a Justice with a competent number of friends about him to speak in his behalf as they see cause his house being to be kept open for that time then the Justice is to proceed as Laws directeth as he will answer the contrary at his perill being responsible to the party and to the Law in case of any extra-judiciall proceeding and the Warrant of attachment and commitment ought to expresse the cause of commitment in legall and expresse tearms as to the very fact and crime and to refer to the next Goal delivery and not at pleasure Whereas I was fetcht out of my bed by souldiers in an hostile manner by a Warrant expressing no fact that was a crime by any law made formerly but by a Vote of the House past the very day the Warrant was dated Nor was I carried to a Justice of the Peace much lesse to such a one as I would have made choyce of where my Accuser if any was to appear openly face to face to make oath of fact against me if any were but before a Councel of State where I saw no Accuser face to face nor oath taken nor my friends allowed to be present nor dores open but upon a bare affirmation that the Councel was informed that I had a hand in compiling a Book the title nor matter whereof was not mentioned in any law extant whereas treason by any law is neither in words nor intents but in deeds and actions expresly written totidem verbis in the law And after being req●●red to answer to a question against my self in a matter avouched by Vote of Parliament to be no lesse then Treason was committed Prisoner not to a common County prison nor for the time referred to the next Goal delivery by the ordinary Courts of Justice my birthright but to the Tower of London during pleasure preferred to be tryed by the upper Bench whereas treason is triable only in the County where the fact is pretended to be committed All which I have laboured with all the understanding I have or can procure to make appear to be just and reasonable but cannot as ye● find any satisfaction therin being clear in my judgment that a Parliament may not make the people lesse free then they found them but ought at least to make good their liberties contained in Magna Charta the Petition of Right and other the good Laws of the Land which are the best evidences of our Freedoms Besides I consider the consequence of our Sufferings for in like manner any man or woman in England is liable to be fetcht from the farthest parts of the Land
danger to be whipt and beaten in case they meddle in things without leave and licence from their Masters and since our Government now inclines to a Common-wealth 't were good all imperiousnesse were laid aside and all friendlinesse hereafter used towards the meanest of the people especially if Government make any dissention at all And truly I wish there had been no such imperious courses taken in apprehending of me nor that I had been carried before the Councell of State nor that the Declaration had been so suddenly and with such solemnity proclaimed upon our commitment there b●ing no harsh expression therein but what through the accustomed transpo●● on of me●s spirits towards thes● that suffer but is applied to us so that we are lookt upon as guilty already of no lesse then Mu●●●y Sedition and Treason of raising a new War or hindering the relief of Ireland and continuance of Free-quarter insomuch as though now we shall be allowed a legall triall in the ordinary Courts of Justice as certainly the times will afford us that or farewell all our rights and liberty so often protested and declared to be kept inviolable and within these two years so largely promised to be restored and preserved yet what Judge will not be terri●ied and preposest by such a charge ●aid upon us by so high an Authority and attached by Soldiers and sent Prisoners to the Tower nay what Judge will not be prejudiced against us If they should be persons relating to the Army we are represented as Mutineers if to the present actings in Government to such we are represented as seditious and destructive if such as are sensible of the losse of Trade who can be more distrustfull to them then those that are said to raise a new Warre if any of them should be of those who are engaged in the affairs of Ireland to these we are represented as hinderers of the relief of Ireland and what punishment shall seeme too great for us from such as have been tired and wasted with Free-quarter who are pointed out to be the continuers thereof if any Jury-men should be of that sort of men who stile themselves of the seaven Churches of God what equity are we like to finde from them who have already engaged against us by their Phar●sai●●ll Petition for though they name us not yet all their discourses point us out as the princiapall persons therein complained of an ill requitall for our saithfull adherence unto them in the worst of times and by whose endeavours under God they attained to that freedome they now enjoy and can Churches prove unthankfull nay watch a time when men are in prison to be so unthankfull as to oppose their enlargement what to wound a man halfe dead by wounds a Priest or Levite would have been ashamed of such unworthinesse what Christians that should be full of love even to their enemies to forget all humanity and to be so dispightfull to frinds alas alas for Churches that have such Pastors for their leaders nay for Churches of God to owne such kind of un-Christian dealing Churches of God so their Petition denominates them if the tree should be judged by his fruit I know what I could say but I am very loath to grive the spirits of any wel-meaning people and know there are whole societies of those that call themselves Churches that abhor to be thought guilty of such unworthinesse Mr Lamb a pastor at the Spittle offering upon a free debate to prove the presenters of the Petition guilty of injustice arrogance flattery and cruelty ye many members of these seven Churches that have protested against it and many more that co●d●●● them for this their doing to whom I wish so much happinesse as they will seriously consider how apt in things of this civil nature these their Pastors have been to be mistaken as they were when they misled them not very long since to Petition for a Personall Treaty which I would never thus have mentioned but that they persist for by-ends offices or the like it may be to obstruct all publick-good proceedings and to maligne those who without respect of persons or opinions endeavour a common good to all men And truly to be thus fore-laied and as it were prejudg'd by Votes and Declarations and Proclamations of Parliament under such hideous notions of sedition and Treason apprehended in so formidable a way and imprisoned in an extraordinary place no Bayle being to be allowed and after all these to be renounced and disclaimed by the open mouthes of the Pastors and some members of seven Churches assuming the title of the Churches of God are actions that may in one respect or other worke a prejudicate opinion of us in any jury that at this day may or can be found So as I cannot but exceedingly prefer the ordinary way of proceedings as of right is due to every English-man in Criminall cases by Justices of the Peace which brings a man to a Triall in an ordinary way without those affrightments and prejudgings which serve only to distract the understanding and bias Justice and to the hazarding of mens lives in an unreasonable manner which is a consideration not unworthy the laying to heart of every pa●aicul●r person in this Nation for what is done to us now may be done to every person at any time at pleasure Neverthelesse neither I nor my partners in suffering are any whit doubtfull of a full and clear Vindication upon a legall triall for in my observation of trials I have generally found Juries and Jury-men to be full of conscience care and circumspection and tendernesse in cases of life and death and I have read very remarkable passages in our Histories amongst which the Case and Triall of Thro●kmorton in Queen Maries time is most remarkeable the consciences of the Jury being proof against the opinion of the Judges the ●he●orick of the Coun●●il who were great and Learned nay against the threats of the Court which then was absolute in power and tyranny and quit the Gentleman like true-hearted wel-resolved English-men that valued their consciences above their lives and I cannot think but these times will afford as much good conscience as that time of grosse ignorance and superstition did and the liberty of exception against so many persons returned for Jury-men is so mighty a guard against partaking that I cannot doubt the issue Besides since in Col. Martin's Case a worthy Member of Parliament it is cl●ar that Parliaments have been mistaken in such censures as appears by hi●●es●auration and razing all matters concerning his Sentence out of the House Book And since the Parliament revoked their Declaration against the Souldiers P●titioning in the beginning of the year 1647. as having been mistaken therein since they have so often imprisoned Mr Lilburn my fellow Prisoner and some others and have after found themselves mistaken yea since some of these Gentlemen who now approve of the way of an Agreement of the People as the only way