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A91227 A new discovery of free-state tyranny: containing, four letters, together with a subsequent remonstrance of several grievances and demand of common right, by William Prynne Esquire; written and sent by him to Mr. John Bradshaw and his associates at White-Hall (stiling themselves, the Councel of State) after their two years and three months close imprisonment of him, under soldiers, in the remote castles of Dunster and Taunton (in Somersetshire) and Pendennis in Cornwall; before, yea without any legal accusation, examination, inditement, triall, conviction, or objection of any particular crime against him; or since declared to him; notwithstanding his many former and late demands made to them, to know his offence and accusers. Published by the author, for his own vindication; the peoples common liberty and information; and his imprisoners just conviction of their tyranny, cruelty, iniquity, towards him, under their misnamed free-state. Prynne, William, 1600-1669. 1655 (1655) Wing P4016; Thomason E488_2; ESTC R203337 111,299 152

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my self with many of the sincerest Eminentest members of the Commons House whom they then most honored for their Piety Ability Fidelity to the publique Interest impeach condemne behead their Lawfull Protestant King disinherit his Posterity Sec●ude th● greatest part of their fellow Commoners vote downe the whole house of Lords create 50. or 60. of themselves A Parliament of England without King Lords or their secluded Associates Arraignes execute the King Nobles Peers Knights and other English Freemen in a New misintituled High Court of Justice created by themselves alone without any Lawfull Triall by their Peers alter the ancient Hereditary Monarchicall Government of our three Kingdomes into a pretended Free State Common Wealth and other New-modles erect New formes of Parliaments s●als Coynes Writs Courts Legall Procedings create New Treasons diametrically contrary to old ones Suppresse the Presbyterian Government and party for which they were then so Zealous cut off the head of a Presbyterian Eminent Minister of their owne party imprison sequester divers other godly Ministers whom they then most countenanced preferred Suspent all Penall Lawes against Heretickes S●hismatickes Blasphemers Priests Jesuites Sell all the ancient Church Revenues formerly devoted by their Ancesters and voted by themselves for the better maintenance of the Ministry and propagation of the gospel With the ancient Crowne Revenues which should defray the Ordinary expences of the government Repeal the Oathes of Supremacy and Allegiance which themselves had taken as Members together with the Solemne Protestation Vow League Covenant made and prescribed by themselves under strict penalties and set up a New Engagement point blank against them by which they were all abjured under such disabilities forf●itures paines as they inflicted on such who out of conscience and detestation of Perjury could not submit thereto impose strange illegall oppressing uncessant oft-condemned Excises Imposts Tonnage Poundage Monthly Contributions Shipmony Arrayes Militiaes and publique Charges on the whole Nation without grant or consent in any free or Lawfull English Parliament as no former times can parallel and themselves so frequently voted declared and passed particular Acts and Judgements against at the beginning of the Parliament together with forcible Presses of Souldiers Mariners Seamen from time to time against sundry New Acts and Declarations to which themselves were parties and that only to keep up a constant standing Army in the three Kingdomes to enforce these Illegall Taxes from them and keep them under perpetuall Bondage to their arbitrary new illegall selfe created Powers That they should hostily invade their nearest dearest Protestant Christian brethren of Scotland with an Army against the Act of Oblivion Solemne League Covenant and all their late Obligations to them for their Brotherly assistance assault beseige pillage all their Cities Castles strong Holds and burne some of them with ●●re slay many thousands of their bravest Soldiers who assisted them and ●heir stoutest young men with the sword yea hack wound maime thousands more of them in a barbarous manner with a rage reaching up to heaven slay some persecute imprison others of their eminentest Protestant Ministers Nobles Gentry in remotest Castles sell many of them for Bondslaves to remote Plantations forrage Wast de●troy much of their Country with fire and sword kill many of them with famine keep all their whole Nation like Bondslaves under constant Garrisons and Tributes subvert their old Civill and Ecclesiasticall Laws Parliaments Government imposing New upon them by the sword and be so far from repenting or being greived humbled for these unchristian Cruelties towards them upon no other knowne accompt but their Loyalty to their lawfull King and conscientious adhering to their former Government Lawfull Oathes Covenants that though some of them appointed General day of humiliation throughout the land by an Ordinance of the 15. Febr. 1642. For the cruel and crying Sin of bloud shed especially of the Protestants in Queen Maries time and before amounting but to some hundreds yet they should after prescribe days of publikethanksgiving for the bloudy slaughters of many thousands of their godly Protestant Brethren victories over them hang up all their Captivated Ensignes in triumph in Westminster Hall for a perpetual testimony of this their unprotestant unbrotherly carriage towards them contrary to the Practise of all godly people in former ages and many Gosple Precepts That after this they should picke a quarrell with our old Protestant Friends and Confederates of the united Provinces by putting New restraints upon their Trading beyond all former presidents seising their Ships Merchandize as consiscate and then ingage them in a most bloudy warre and fights against them by Sea to the destruction of many thousand Merchants Mariners and their Families the impoverishing of both Nations the great decay obstruction of Trade and grand advantage rejoycing of our Spanish and other Popish Enemies That they should pull down the Kings Armes by speciall Order out of all Churches Courts and other publique places yet set up the bloudy Crosse as the only Coat of England for the future as it hath since been and is still like to be in its place though they formerly pulled downe demolished all Crosses in such places by special Orders as Superstitious and still permit the Kings Armes and Images too upon his coyn where they yet passe currant That whereas Christ himself in his Gospel commands all Christians not only to make Prayers Supplications and Intercessions for all men in general and for KINGS and their very enemies in particular but also not to hate but love their Enemies to do good to them that hate them and pray for those who dispitefully use and persecute them That they may be the Children of their father which is in heaven For he maketh his Sun to rise upon the evill and the good and sendeth raine both on the just and the unjust Backing it with this reason For if you love them that love you what reward have you do not even the Publicans the same Be you therefore perfect as your heavenly Father is perfect Therefore if thine Enemy hunger feed him if he thurst give him drink Be not overcome with evill but overcome evill with goodnesse In pursuance of which Precepts our King William the I. though now branded for an inhumane tyrant by many was so christianly Charitable Noble Heroicke toward Edgar Athelirig after he gained the Crowne of England from the perjured usurper Harold by the sword that although he was right heire and his only Competitor to the Crowne of England twice set up in Armes against him by the English Nobility and King of Scots to force him from the Thron yet after all his Forces broken when he was quite deserted by his friends upon his addresses to him in Normandy he courteously received him into his favour entertained him for sundry yeares together even in his owne Court Allowed him an Honourable pension of one pound of Silver every day besides a large Donation After which
sustained by this Imprisonment And whereas we both with Dr. Bastwick for pretended sedit●ous Books and Practices were after a kind of hea●ing in S●archamber sentenced and ordered To be kept close Prisoners in 3 remote Castle and after that by Order and Warrant of the old Council Table removed into 3 Castles in the Ifles of Jersy Gerxsey and Silly and there for preventing the danger of spreading our pretended schismatical and seditious opinions ordered to be kept close Prisoners and none to be permitted to have free conference with or accesse unto us but only such faithful and discreet persons as should be appointed to attend us and that no Letters or Writings should be permitted to be brought to us or sent from us to any person or persons and if there should be any such brought or sent that the same should be opened by the Governors or their Deputies and if they contained any thing material or considerable that the same should be sent to one of his Majesties principle Secretaries the substance of your present Warrant which seems but the Copy of it in this particular the whole House of Commons three several times upon the question resolved and the Lords upon our three distinct hearings thrice adjudged Those Sentences Orders Warrants and restra●nts therein cont●ined TO BE AGAINST THE LAW AND LIBERTY OF THE SVBIECT the Great Charter of England and other fore-cited Statutes and that we ought to receive Dammages for the same from those who had a vote or hand therein Which illegal Sentences Warrants of Restraint and Exile as you and your associates well know were the principal occasion of Suppressing both the High Commission Starchamber and Council Tables exce●ses by two special Acts of Parliament and one principle charge against beheaded Canterbury Wherefore I cannot but stand amazed to find you not only imitating but in some sort exceeding them in this your Warrant being privy to these Votes and of Counsel to some of us declaiming as bitterly against such illegal restraints and the Authors of them as any which yet now you practice with an high hand against all these Votes in my very case which will fall heavy on you I beseech you therefore sadly to consider what all my Friends yea your best Friends and Enemies too will think report of you for the present and register to posterity and what our whole 3 Kingdoms and Forein Nations will judge of you and your Associates for this your warrant and close restraint of me thereby Will they not report publish to all the world that you are more cruel tyrannical extravagant unjust than the beheaded King condemned by your own Sentence for a Tyrant or than Canterbury Strafford the High Commission Star-chamber or old Council Table and that your little singer is now grown heavier than their whole loyns not only to your Enemies but Friends Yea that you deal worse with me than the most bloudy Tyrant Nero did with Paul when Prisoner under him at Rome though charged for a pestilent fellow stirrer up of Sedition among the Jews throughout the World who yet had there free liberty without the least restraint publikely and privately to confer with send for yea preach to whom he pleased and to receive all persons and Letters too that came unto him no man forbidding him Acts 28. 14. to the end Nay worse than men by Law can deal with their Trespassers or ill-Tenants Beasts which ought to be kept in ●n overt open Pound where the Owners and all others may freely visit feed relieve replevy them at their pleasures without restraint and not shut up in a close room where none may see or feed them but by the oversight and leave of others as the Statute of 1 2 Phil. Mary c. 12. 5 H. 7. 9. with other Law-books resolve Nay worse than the late Parliament dealt with Strafford or Canterbury when impeached of High Treasons of the greatest magnitude against the King and Kingdom by all the Commons of England who had no such restraints of Conference or Letters on them as you now lay upon me but absolute freedom of both and full liberty of the Tower till Strafford endeavoured an escape from thence And will you deal more rigorously with me than the Parliament did with these Arch-Traytors Let not such an oppression an exorbitancy as this be ever heard of in Askelon or published of you in Gath lest all your and my Enemies should rejoyce thereat If you pretend necessity of State or the publike Peace and safety for these Illegal Proce●dings it is but the very same Plea the Prelates pretended for my close Imprisonment and banishment heretofore the King for the Loans Excise Shipmoney and the Army for my last restraint violence to both Houses and their secured secluded Members A plea which soon resolve● into Scelera sceleribus tuenda and necessitates men at last to commit one violence sin wickednesse after another till they perish in their villanies and sink down quick into Hell and is at this day the greatest Argument Instrument the Devil hath to precipitate men formerly moderate mercifull just religious into most ●xorbitant scandalous violent unrighteous Actions Designs and to induce them to proceed impenitently from one extremity to another which they formerly most severely censured sentenced in others yet now approve and justifie in themselves when they find their own interest concerned or their carnal f●ars or jealousies of others really Innocent suggesting any thoughts of some close designs against their wayes of violence and publike desolation instead of sincere repentance confession and reformation of what their own consciences inform them secretly to be evill and unjust Wherefore I desire you in this case to beware of this most dangerous snar● of the Devill and that maxim now in many mens mouths unworthy men or Christians Over shoo●s over Boots We are engaged and therefore can neither with honor safety nor prudence recede from what we have done amisse When as all our honor safety prudence and eternall salvation too consists only in our retreating actuall repentance and satisfaction to the parties injur●d in suh c ases by our unrighteous dealings a●d oppressions because we have onely present power in our hands to oppresse and injure them 6. Your warrant orders them to search all my Chambers ' studies and places in my house for Papers Writings Records and before any accusation or conviction the highest strain of Regall Prelaticall high-Commission and councill-Table Tyranny r●solved by the two late Parliaments and whole house of C●mmons to be an high intrenchment upon the Subje●ts Liberties and property contrary to Magna Chart● the Petition of Right the Judgment in S●mai●s case much censured by Sir Edward Cook in his 4th Institutes in the Chapter of Justices of the Peace and in the cases of Mr. Cre● Mr. Pym and other members o● Parliament ● and such a one I yet am if the former Parliament
populous Towns of the County where the Assises or Sessions are usu●lly kept and where is most resort and repair of People that they may be the oftner visited the better relieved by their Friends and others and THAT NONE SHALL BE IMPRISONED IN PRIVATE CASES And the Book of 21. E. 4. 71 Brook Imprisonment 80 is express That no Court can imprison any but in their proper prisons belonging to them and that the Fleet is the proper Prison to the Star-chamber and Palace whither they ought to commit them else men through malice and Power might be sent to obscure Castles and remote Prisons and there starved or destroyed for want of necessaries or purposely murthered out of malice or design be private Persons which they cannot so easily be in in common Goals where are store of Company and the common Goalers themselves sworn and bound by Law to treat their Prisoners well may be indited and punished for abusing them Vpon which Statutes and grounds the whole House of Common resolved it thrice upon the Question afterwards the whole House of Lords thrice voted and adjudged my imprisonment in Carnarvan and Mount Orgu●il Castles Dr. Bastwicks in Lanceston and Syllye Castles and Mr. Burtons in Lancaster and Gernsey Castles both by sentence of Star-chamber the old Council tables warrants to be contrary to the Law and Liberty of the Subject Your warrant therefore for my imprisonment in Dunster Castle never yet a Prison under the Custody of Souldiers only not of a Lawfull Gaoler especially being no Prisoner of war nor ever in arms is diametrically contrary to these Statutes Votes Resolutions the Law of the Land and Subjects Liberties And so much the rather because tho there be good Ayr and prospect in the Castle yet there are no Provisions at all within it for the body or soul No meat to be had dressed but at great distance from the Castle which is very chargeable and inconvenient to a close Prisoner and no preaching Minister setled either in Castle or Town to comfort or feed the soul or to which by your Warrant I may resort and it is above 50 miles distant from my house where I have no Friend nor accquaintance near to visit or supply my wants And so parallel to my close imprisonment in Carnarvan and Mount-Orgueil Castles yea worse in one respect ●hey being after a kind of publick hearing and sentence in a Court of Iustice and this onely by a priv●te warrant before any hearing examination or accusation that I hear of by those who have been my friends and for ought I yet know have no legal power to commit me in any case as that Court had in some cases though not in such a manner or to such Prisons as then or now 5. Your warrant is defective and illegal in the very grounds of my commitment which are meerly gener●ll and uncertain viz. For his seditious writings and practices against the common-wealth without particularizing what these writings or practices are or when or where published committed or by whom or in what manner sugg●sted or proved before you or against what Common-wealth or f●rm of Common-wealth in particular whether of England Scotland Ireland or of any particular County Corporation or Society within them which are reall Common-wealths within themselves Which generall uncertain charge and slander against me so great an advocate for the true inter●st and Republick of England as all my writings evidence imports just nothing but either malici●us suggestions groundless suspicions or feigned pretences against me to deprive me of my Liberty and were long since voted and adjudged in the Parliaments of 3 4 and 16. Caroli in the cases of Sr. John Eliot and others committed prisoners to the Tower Fleet and Gate-house by the Lords of the Councill by the Kings speciall command for stirring up sedition and s●ditions Practices against the state the very same your warrant suggests against me to be too generall and ill●gal and no grounds at all for a commitment no more then schismatious inveteratus resolved to be too generall a cause of a clerk● refusall by the ordinary in Cooks Reports 6. Your Warrant chargeth the Governour to imprison me in the Castle and not to suffer m● to have conferenc● with any but in his presence and bearing nor to send or receive any Letters but such as he shall peruse A clause of the highest restraint and oppression I ever yet suffered or met with For if the Governour voluntarily or necessarily absent himself I must neither speak with nor write to any man upon what urgent occasion soever nor receive any Letter of whatso ever importance be shut up a close Prisoner night and day alwayes guarded when I take the air in the Castle as now I am and not repair to any Church or meeting to hear fast pray receive the Sacrament nor send my own Servant out of my Chamber or the Castle as now I cannot for any necessaries for fear of infringing this strict formidable Warrant which puts me into the self same condition I was in at Carnarvan and Mount Orgueil Castles and will prove as fatal to my own and all Freemens liberties of England if not recalled and exploded with highest indignation as those my R●straints and close Imprisonments were with my Brother Bastwicks and Burtons too by the Votes and Judgement of both Houses whereof I think meet to give you this full account When I was first committed to the Tower by the Lords of the Council for my Histriomastix suggested to be seditious and scandalous in the highest degree the words of the Lords Warrant to the Lieutenant were to require him to keep me safe Prisoner in the Tower without giving free accesse unto me until he should receive farther Order yet this warrant though all my friends had present free accesse to and conference with me in publick and private without any restraint or perusal of Letters to or from me not expressing any particular cause for my commitment was by the unanimous Vote of the whole House of Commons 20 Aprilis 1631. in these words resolved to be illegal Resolved upon the question That the imprisonment of Mr. Prynne in the Tower by a warrant under the hand of Thomas Lord Coventry and others therein named IS UNJUST and ILLEGAL And that they ought to give Mr. Prynne satisfaction for his damages sustained by that Imprisonment And in my Brother Burtons case ● committed close Prisoner to the Fleet by the Lords for preaching and publishing a seditious Sermon and Book as they termed it intituled For God and the King the House of Commons the 12 of March 1640. passed this Vote Resolved upon the Q●estion That the Warrant from the Council Boord d ted at White-hall Febr. 2. 1636. for the committing of Mr. Burton close Prisoner and the commitment thereupon IS ILLEGAL AND CONTRARY TO THE LIBERTY OF THE SUBJECT And that he ought to have reparations for his dammages
Heaven And that by a few of our meer fellow-Subjects who have not the least shadow of any lawfull jurisdiction over us from God or Man much lesse of any such absolute arbitrary Tyrannical Domination over our Persons Estates Liberties Lives as they now dayly exercise which the beheaded King yea the most oppressive of his Royal Predecessors never exercised nor pretended to but absolutely disclaimed and protested against as both illegal and tyrannical And must we still be constrained to pay heavy monthly Contributions Excises only to maintain Souldiers to support such an oppressing Self-created Authority power over us and execute all their iregal Warrants to break up search command our Houses ransack our Studies writings seise in prison our persons plunder our goods disseise us of our Freeholds take away our lives and make us more absolute Vassals to our new Supremacie than the most Slavish Turks are to their Grand Seignior Did ever the free people of England voted by the Army and those at Westminster the only Supreme Authority of the Nation next under God and the only fountain of all lawfull Authority ever transferr such an exorbitant Iurisdiction as this over themselves or me to those at White-hall or any other who stile themselves their Representatives or authorize them to do the least Action contrary to Magna Charta the Statutes of 25. E. 3. c. 4 42. E. 3. c. 3. the Petition of Right the Statutes of 25. E. 1. c. 5 6. 28. E. 1. c. 1. 34. E. 1. De Tallagio non concedendo 1 2 3 4. 14 E 3. Stat. 2. c. 1. 1. R. 3. c. 2. 35 E. 1. De Asp●rtatis Religiosorum and other Acts but lately made and assented to by the late be-headed King An. 1640 And if not as is most certain then how can or dare you thus illegally ab●se imprison close imprison m● and sundry others as you have done and to levy illegall Contributions and Taxes on me since my chargable imprisonme●t not granted nor imposed by the Common Consent of the Earls Barons Great men and Commons of the Realm in full Parliament by Act of Parliament only to maintain Souldiers to apprehend secur● impriso● my self and th' other free-men of England and Lord it ●ver us by colour of your unlawfull warrants contrary to the expresse Letter of all these Acts and Resolutions of our two last Parliaments Yet this is not all the Oppression I now groan under but as if the former had not been sufficient some Malitia rather then Militia Gentlemen of our County the originall Contrivers of my present Commitment if I be not mis-informea in the prosecution of their further malice towards me on Tuesday night last sent a Warrant by the Constable to my house I know not by what new pretended Authority to send in an horse and man such as they should approve of compleatly furnished to their worships at Wells 17. miles from my house the very next morning without fail To whom my Sister returned this answer that I was a close Prisoner fifty miles off that I had neither ●orse nor Arms to send and it was impossible to provide any at so short warning neither would my estate bear such an heavy new Charge being not chargable with an horse by their late instructions He replyeth that no excuse would serve but and horse and man must be sent under I know not what heavy penal●y● none beingsent upon these Grounds I daily expect to hear of their utmost Ex●remitys against this my pretended Default being encouraged thereto by my present restraint The illegallity and dangerousnesse of which new Arbitrary Authority in these Commissioners of the Militia arraigning Assessing men with Arms imprisoning fining men at their arbitrary Discretion without any legal tryal being largely argued vored resolved 〈…〉 to the Kingdom by the Declaration of the Lords Commons concerning the Distractions of the Kingdome 1 2. Iuly 1642. By the Petition of both Houses 20. Iuly 1642. By his Majesties Declaration to all his Subjects Aug. 12. 1642. and by the Lords and Commons 2. Declaration against the Commission of Array 12. Ian 1642. I shall not dispute it here but referr you thereunto And for their present practice in dis-arming many well affected Gentlemen and Yeomen of best rank and Quality puiting their arms into Mercinaries hands and not trusting them with their own or the Kingdomes Defence as it is against all Presidents in former ages cited either by the late King or Parliament concerning the Array or Militia so it was thus publickly declared against by the Lords and Commons in Parliament in case of the King and his party in their Printed Declaration of 18. August 1642. A third observation is this That Arms were taken from the honest Gentlemen Yeomen and Townsmen and put into the hands of such desperate Persons as cannot live but by rapin● and spoyl A fourth That not withstanding all the Vows and Protestations to Govern according to Law which have been dispersed throughout the Kingdome to blind and deceive the People THE MOST MISCHEIVOUS PRINCIPLFS OF TYRANNY ARE PRACTISED THAT EVER WERE INVENTED that is TO DISARM THE MIDDLE SORT OF PEOPLE who are the body of the Kingdom● AND TO MAINTAIN SOULDIERS BY FORCED CONTRIBVTION TO CREATE A PROVINTIALL GOVERMENT IN THE NORTH but now throughout the Kingdom CLEARLY AGAINST THE COMMON LAW AND THE JUDGEMENT GIVEN THIS PARLIAMENT for taking away the Court at York That the Contrivers and Instruments of ●h●se mischiefs for th●ir better strengthning in these Designs are about to joyn themselves in Association with other Counties That Directions are given that such as shall oppose and ●ot joyn with them shall be violently plundred and pillaged of their horses and Ar●●es at least if not of their goods and estates Vpon all which considerations and unjust Oppressions now imposed on or threatned to me be reason of my present restraint I do once more of meer common right Demand my unconditioned present Enlargement that ●o my imprisonment may not survive my now Demolishing new Prison where there are neer 300. Pioners at work to level not only the Castle Walls but ●●●●lling house it self to the very ground by pretext of your fresh warrant though the best Seat in the County yea the antient habitation of an Eminent Gentleman and his Ancestors who have been always cordial to sustained many thousand pounds losse for the Parliament who yet without any Notice or 3 days warning must have his house pu●led down over his head before yea without any veiw hearing or recompence himself his Wife and Family turned out into the Streets having no other habitation for the present instead of receiving recompence for his former Six thousand pound losses or more be rewarded with neer ten thousand pound new Dammages for his fidelity toward you to the great rejoycing and triumph of all the Malignants in the County who laugh in their sleeves to see how gratefully and
faithfull Services for the publique according to former publique Engagements and Votes And so expecting your undeferred positive answer to all these just demands I shall till then remain Your over-oppressed close Prisoner and Captive WILL. PRYNNE To Mr. Iohn Bradshaw Serjeant at Law and the rest of his Assessors at Whitehall present these Dunster Castle Octob. 30. 1650. TO Mr. IOHN BRADSHAW AND HIS ASSOCIATES AT WHITEHALL Stiling themselves the The Councel of State his Imprisoners The Remonstrance of several Grievances and Demands of Common Right by William Prynne Esq their 2 years and 3 moneths Close Prisoner under Souldiers in the remote Castles of Dunster Taunton and Pendennys in Cornwall before any Legal Accusation Examination Indictment Tryal Conviction or Objection of any particular Crime after above 8 years former Imprisonments and unrecompensed great sufferings Losses for the Publike and Religion under their White-hall Predecessors and all his Faithfull Unmercenary Services for the Publike Laws Rights Privileges of the English Nation Shewing THat although he be a Freeman of England both by Birthright and Dear-bought Purchase having formerlysustained above 8 years imprisonments and more heavy Sufferings in his Person Calling Estate than any of this Nation meerly for writing in Defence of the ●ust Laws Liberties Franchises of the Land and true Protestant Religion in the worst of former times against the Invaders thereof and spent the greatest part of his life and estate in painful studies S●rvices Sufferings Duresses for the Publike without the least Recompence Reward or Self advantage our of a sincere Publike Spirit unbiassed with private ends And hath in all his Relations as a Lawyer Magistrate Committee-man Member of Parliament of this Kingdom and a Christian diligently endeavoured to keep a good Conscience always in all things void of offence toward● God and Men never to his knowledge perpetrating any Crime deserving Bonds or close Restraint by any known Law of this Land nor acting or writing any thing but what his own deliberate Judgement Science Conscience clearly resolved him to be agreeable to and warranted by the sacred Oracles of God the Principles of our Reformed Religion the Fundamental Common Statute-Laws Franchiscs of England the Resolutions Judgements Declarations of our ancient and late best Parliaments and B●oks Printed by their Authority and those solemn serious Oaths Protestations Covenants imposed on and oft taken by him by Parliamentary Authority which still lye as immnutable inviolable divine obligations on his Soul till otherwise convinced of his total and final Absolution from them by the brutish Arguments of the longest Sword and long illegal close imprisonments under Sword-men in pursuance of his bounden duty to God his Lawfull Superiour Powers and beloved Native Country whose truest greatest weal Peace Settlement he hath ever studied advanced to his utmost power by all Christian honourable just and righteous means though incountred therein with many Discouragements and ingrate requitals from most sorts of men That although by the expresse provisions of the Common Law the Great Charter of England ch 29. confirmed in about 40 several Parliaments the Statutes of 25 E. 1 c. 2. 28 E. 1. c. 1 2. 1 E. 3. c. 5. 5 E. 3. c. 8 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 35 E. 3. rot Parl. n. 20. 37 E. 3. c. 18. 42 E. 3. c. 1 2 3 rot Parl. n. 42. 2 H. 4. rot Parl. n. 10. 4 H. 4. c. 13. 5 H. 4. c. 10. 23 H. 8. c. 2. The Petition of Right 3. Caroli The Act for In pressing Souldiers 17. Caroli with sundry other Statutes the printed Decl●rations Remonstrances Iudgements Votes of all our late Parliaments and the known Rules of Common Iustice no English Freeman may or ought to be arrested imprisoned exiled outlawed or deprived of his Liberty Freehold Writings Papers Members Life Franchises without due Processe of Law Indictment or Presentment by his Lawfull Peers executed by known Lawfull responsible sworn Officers of Justice after a Legal Accusation Examination or Conviction of ●ome partic●lar Offence nor enforced to goe out of his own Country against his will or imprisoned in any private or forein Castles but only in Common usual Prisons under sworn Gaeolers without debarring free Accesse of Friends and Letters to or from him or searching his House Study Truncks Pock●ts for Writings Letters Books to pick out matter of Accusation against him or examining himself or others Ex officio to that end in an extrajudicial manner before any Legal Charge exhibited Nor yet translated from one unusual Prison to another without hearing or bringing him to any just lawfull Tribunal the next General Assizes or S●ssions held within the Country wherein he is imprisoned or releasing him the next Goal delivery if not then indicted and Legally prosecuted for what he is imprisoned That albeit his former professed oppressing Enemies the old Councel Table Star Chamber High Commission Lords and Prelates condemned suppressed and some of them executed by most of your concurrent suffrages as the greatest Tyrants the last Parliament for their extravagant unjust Censures and some exorbitant Proceedings against him and others were even then so candid and honourable towards him at first though accused of pretended scandalous seditious Passages in his Histriomastix against the King Queen Court State Government Prelates as not violently to attach by Troopers in the night and close imprison him in remote unusual Castles without hearing but only summoned him by a single n●armed known sworn Messenger to appear before them the next day and upon his appearance charged him for writing a particular pretended offensive Book then produced and heard him concerning it before they committed him and after sent him Prisoner at large to their usual Prison the Tower of London under an honourable Gardian near his then residence and friends who with all others had free accesse to and conference with him both in publike and private without restraint or any Evesdroppers appointed to over-hear their discourses with h●m and supervise all Letters Writings Papers to and from him which Liberty he there enjoyed even after his first severe Sentence till the second Bill against him And when after they caused his Study and Chamber to be searched imployed only Mr. Noy then the Kings Attorney and two Clerks of the Councel Responsible Persons of eminency learning judge ment able to judge of Books and writings fit for leisure not rude illiterate Souldiers in that service who never finally ransaked his Pockets nor seised any Notes writings Letters Books not relating to his Charge which they speedily prosecuted in a usual Court of Iustice continuing him even after their first Sentence a Prisoner at large in the Tower After which they exhibited a second Bill against him Dr. Bastwick and Mr. Burton in Star-chamber concerning particular Books thereto annexed and heard them in a sat at the Barre before they sentenced them to be kept close Prisoners in remote Castles 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 A●mes but some Popish Pr●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 a●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 ●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 oug●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 ab●oad destroy that last and all future Parliaments our Lawes Liberties and former setled Government and introduce Popery Anarchy Slavery and Military Tyr●●y in their pl●c●s Whereupon they are grown so audacious as not only secretly to infuse their Jesuitical Tenents Pract●ces Poli●icks of most dangerous consequence expr●ssed in sundry former Acts of P●rliament purposely enacted to prevent them into the Souldiery a●d Pe●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 ass●rting both th● Popes Sup●emacy pra●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 Jesui●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. S●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 Iesui●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 exul●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 ●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 co●trary to all Laws of God Nature Nations the Common L●w and Great Charter of England and other forecited known Statute● Iudgement● Declarations Resolutions R●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 Conseq●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
for the future act any thing to the prejudice of the Common-wealth and the present Government thereof The Councell have thought fit that the taking of his Bond should be left to your care and do therefore desire you to see the same entred into by the said Mr. Prynne according to usuall forme and the condition above mentioned which Bond when the said Mr. Prynne hath entred into accordingly as is hereby directed you are to return the Bond to the Councell and to set Mr. William Prynne at Liberty Whitehall Feb. 2. 1652. JOHN BRADSHAW President To the Governour of Pendennis Castle These Signed in the name and by Order of the Councell of State appointed by authority of Parliament Exam. John Thurlo Clerk of the Councell Upon reading of this Order and Warrant brought me by the Deputy Governour I peremptorily resused to enter into any Bond at all upon any termes the Illegality and Tyranny of which Bond and Condition I at length expressed in a Letter to a Member of Whitehall that sent them resolving rather to die a Prisoner then live a Bondman in my Native Country where I was borne a Freeman Whereupon they sent this absolute Order for my enlargement without any Bond or limitation whatsoever upon which I was thence released THese are to will and require you forthwith upon sight hereof to discharge and fet at liberty the body of Mr. William Prynne from his Imprisonment if he be under restraint with you for no other cause then that is expressed by the Order of the Councell for his Commitment of which you are not to fail and for which this shall be your Warrant Given at the Councell of State at Whitehall this 18. day of February 1652. To the Governour or Commander of the Castle of Pendennis JOHN BRADSHAW President Signed in the name and by Order of the Councell of State appointed by authority of Parliament Exam. Jo. Thurlo Cler. Concil Upon my repair to London in November last I writ and sent this ensuing Letter to Mr. Bradshaw SIR UNderstanding you are now returned to Westminster I thought meet to minde you that by sundry illegall Warrants under your hand during your cashiered Whitehall superlative power my study in Lincolnes Inne and house study at Swainswick were searched my Records Writings Papers taken away my person forcibly seized by and close Imprisoned in three severall remote Castles under Souldiers for two years and eight months space my Prison-chamber and very Pockets ransacked my notes tables to the Books I read in prison violently taken from me all persons prohibit●d to speak with me but in the presence and hearing of my Gardians all Letters to or from me inte●cepted pe●used the liberty of sending Letters to demand my freedome debarred accesse to Gods tublick Ordinances denyed me my Laundresse Brother in Law Servant with some others imprisoned and examined extrajudicially against me and that before without the least legall accusation hearing tryall or any particular crime or cause objected against or hitherto signified unto me contrary to all rules of Law Justice the great Charters of England the Pe●ition of Right and the Votes of both Houses of Parliament in my very case as you well know and I then informed you at large by severall Letters to the prejudice of my health decay of my estate and extraordinary dammage after all my former unrecompensed great losses and martyrdomes for our Religion Laws Liberties under the beheaded King Prelates and old exorbitant Councell table The true cause of whose Tyrannicall proceedings against me being yet unknown even to such of your late Whitehall associates as I have hitherto met with who are ashamed of these Barbarismes and remit me wholly to your self for the true reason of them of which they professe themselves ignorant I thereupon held it necessary and just now at last to demand from you by writing the true reall cause of these irregular restraints and proceedings against me together with full damages for the same in private before I demand them in such a publick manner if necessitated thereunto as may expose you to greater obloquy and infamy then ever beheaded Canterbury sustayned for his ●xorbitances against me For my own part I was never of a revengefull spirit yet I cannot be so stupid as to put up these transcendent iujuries and illegall oppressions I sustained under you because I underwent them not as a private person but as A MEMBER OF PARLIAMENT and that in and for the publick cause of the whole English Nation I then supported whereupon I must no● passe them by in silence without publick satisfaction even for the present and future benefit of the Nation and vindication of the liberties and p●iviledges of Parliament according to the Tenor o● the Covenant lest by my sil●nce they should prove dangerous presidents to prejudice posterity I b●ing then a Member of Parliament i● the former Parliament continued in being as you affirmed it did in your very Warrants for my restraints Wherefore seeing we are once more become fellow commoners again I do hereby in justice require and expect from you an undelay●d ●ccount both of the grounds of my forementioned illegall unchristian injuries and restraints with full reparations for the same as I did from Canterbury and my quondam Lordly Whitehall unjust censurers which I presume you will not disdain to render to him who through Gods mercy maugre all mens Tyranny still continues to be what you ever found him Your long oppressed yet still unconquered Tyranno-mastix William Prynne From my Chamber at Lincolnes Inne Nov. 24. 1654. To this Letter Mr. Bradshaw returning a long unsatisfactory answer in writing dated the 1 of of December I thereupon sent him this Reply thereto SIR UPon my return late last night to my Chamber I found your answer to my former lines under my door which by reason of company I had no time to peruse till now wherein as I finde not the least satisfaction touching the particular grounds of these illegall proceedings against me I informed you of justifiable as you well know by no Lawes of God or Man so your hand alone being to the Warrants prescribing and occasioning them contrary to the presidents in former times and all my commitments by the old Whitehall councell to which all my committers subscribed their hands or had their names superscribed by the Cle●k of the Councell as you may see in my New discovery of the Prelates Tyranny I could resort to none but your selfe both for satisfaction and reparation being wholly ignorant who else concurred with you therein For any pretended mercy shewed to me by you or others of your associates in my restraints under you I must yet account them such mercies only as Solomon defines them Prov. 12. 10. and you such friends alone as Job and David complain of Job 19. 13 14 19 to 24. 6. 14 15. Psal 41. 9. 55. 13 c. As for the surmised benefit you did me at last by your casting voice
7. Jam. 5. 14. 15. s Rom. 12. 20 Mat 5. 44 45. Luke 6. 27. Prov. 25. 21. 2. Chr. 28. 15. t Acts. 28. 8 9. 30. v Luke 9. 1. 6. Acts. 10. 38. x Luke 22. 50 51 54. y Ephe. 4. 31 32. c. 5. 1 2. z A new Discovery c. p. 84. 86. a 1 Eliz c. 2. 5 Eliz. c. 1. 3 Jac. c. 4 5. 7 Jac. c. 6. 17 Caroli The Act for Triennial Parliaments b See the printed P●oposi●ions sent to the King the last Treaty m● Speech in Parl. p. 57 58. c Exact Coll●ction p. 20. 208. 309. 9 8 909 911. d Exact Col. p. 1 4 5 12 13. 665 669. e Exact Col. p. 1 to 21. 91 98. 106 108 145 199. 206 207. 308 310. 461 to 465. 490 491 492. 508 516 567 570 574. 616 625 628 637 639 640 648 651 to 656 659 to 754 755 764 769 786. 813 814 816 827 832 834 845 861 890 891 896 902 904 907 to 919 932. A Collection of O●dinances p. 23. 30 39. 95 96 97 98. 167 169 185 187. 203 204 210 217 218 227 249 to 267 275 283 309 310 314 360 363 371 379. 412 413 417 424 432 457 458 470 483. 514 517 537 548 576. 616 623 624 666. 704 705 706 724 761 to 829 834 to 870 872 880 883. Appendix p. 1. 15 f 5 El. c. 1 13 El. c. 1. 23 El. c. 1. 27 El●● c. 2. * See the Stationers Reaco● fired * See Canterburies Doom p. 26 27. 178 to 350. g In his Soveraign power of Parliaments and Kingdoms h In his Pe●petuity of a Regenerate mans estate Anti-A●m●anisme c. i In his Breviate Cosens cozening Devotions Quench coal Lame Giles his Haltings A Pleasant Purge for a Roman Catholike Romes Master-P●ece The Popish Royal Favourite Hidden works of Darknesse brought to publique Light Antipathy of the English Prelacy Cant. Doom Speech in Parliament k A New D●scovery of the Prelates Tyranny p. 141 142. * In the Declaration of 17 Martii 1648 and others l 2 Sam. 19. 43. m Magna Cha ta c. 29. and C●●ks Institutes thereon 1 Sam. 8. 4 19 20 22. 2 Sam. 19. 41 42 43. c. 16. 18. 2 K●ngs 2. 23 24. 2 Chr. 23 t●●oughout c. 26. 1. 23 24. 25. c. 36. 1. The Lords and Comm●●s Declaration 23 Oct●b 1642. Exact Collect p. 660. We must own it AS OUR DUTY that the meanest of the Commonalty may enjoy their own Birth-right Freedom and Liberty of the Laws of the Land BEING EQUALLY INTITULED THEREUNTO WITH THE GREATEST SUBJECT n A New Discovery of the Prelates Tyranny P. 86 87 88. o Maintained in his Soveraign power of Parliaments licenced by the Commons His plea for the Lords The Levellers Levelled Antiquity triumphing over Novelty A brief Historicall Collection of the ancient Parliaments of England and Prynne the Member reconciled to Prynne the Barrister Irēarches Redivivus p No Bishop no King c. Conference of Hampton Court The Bishop of Downes Sermon The antipathy of the English Prelacy to Unity and Monarchy Epistle Dedicatory to the Parliament q C●nterburies Doome Written and Printed by their speciall Order r Psal 69. 19 20. ſ Psal 31. 12. t Phil. 2. 20 21 22. u Psal 55. 12 13 14. x 2 Cor. 1. 4 5 6 9 10. C. 4 8 9 10. y Rex Omnibus singulis Regni sui Justi●iae est debitor Register of Writs and the Prologues of our ancient Statutes Exact Collection p. 494 498 712 713 714 660. z 1 Sam. 8. 5 20. 2 Sam. 23. 3. 1 King 16. 9. Chap. 10. 9. 2 Chron. 8 9. Chap 10 5 6 7. 2 Sam. 8. 15. Chap 15. 2 5. Psal 82 3. Prov. 8. 15. Jer. 7. 5. Chap. 23. 5. Chap. 33. 15. a Exact Collection p. 268 269 290 291 36● 370 706 to 716. 18 20. E. 3. Rastall Justices Totel● Magna Charta b Brookes Office des Court Job 29. 12 to 18. Isa 65. 1. c Questus est Nobis I. S. ex gravi querela I. S. occepimus Petit Judicium c. Register of Writs and Natura Brevium d Cal●pine Holi●k● Rider Eliot Calvini Lexicon Medicum e Register of Writs Natura Brevium Old and new Books of Entries and all Declarations c. f Luk. 18. 1 2 3 c. Mat. 7. 7 to 13. 1 Joh. 5. 15. g Fitzherbert Brooke Ash Title Petition and Prerogative h See the beginning of most ancient Parliament Rols Title Receivers of Petitions to the King only not them and the Kings Answers to the Petitions of the Lords and Commons i 1 Jac. c. 1. Cokes 4. Instit c. 1. Brooke Title Parliaments Cromptons Jurisdiction of Courts Title Parliaments Sir Tho. Smith De Republica Angl. l 2. c. 2 3 4. Mr. Hackwels manner of passing Bils in Parliament The Petition of Right 3. Car. Exact Collection p. 163 164 250 310 311 317 319 320 468 477 764 768 794 872 873. A Collection of Ordinances 221 222 c. 110 111 756 757. k Exact Collection p. 660 459 28 29 852 854. l 1 Thess 2. 2. m The like we read of the Centurion who beat and imprisoned him mentioned Act. 22. 24 to 30. n A new Discovery c. p. 113 114 115. o Ibidem p. 141 142. p Coke Instit on Magna Charta c. 29. Brooke Habeas Corpus q Exact Collect p. 8 20 28 29 450 660 652 894. r Exact Collection pag. 252 278 285 289 869 871 883 885 866 559 560. t Mat. 5. 15. Luk. 8. 16. Chap. 10. 35. s A new Discovery p. 86 87 88. u Psal 31. 12. y A new Discovery pag. 137 to 143. z 2 Cor. 5. 10. Read Master Strongs his Printed Sermon thereon a Mat. 25. 31 32. 2 Thess 1 7 8 9 Jude 14 15. Jer. 51. 6 11. b Isa 26. 9 11. c Psal 94. 1 2 c. Rom. 12. 19. d Exod. 15. 3. Isa 45. 7. e Psal 59. 10. 17. f Rom. 15. 33. 16. 20. 2 Cor. 13. 11. g Psal 12. 5. 72 4. Isa 49 26. Jer. 6. 6. 22. 15 to 20. 51 35 36. Ezek. 7 11 to 25. 8 17 18 12. 19 20. 21. 6 7 8 9 12 13 20 21 29 30 45 9. Isa 33. 1 2. Jer. 22. Job 20. 15 to 29. Amos 2. 1 2 3 c 3. throughout Hab. 2. 7 8 ●oel 3. 19. Obad. 8. 9 10 to 21. Zeph. 3. 5 6. L●k 3. 19 20 Act. 12 1 to 10. Exod. 3 7 8. 2. 23 24 25. Mat. 25 41 42 43. h See Exact Collection p. 917 918. An Ordinance of the Lords and Commons ●xhorting all to Repentance Confession and Humiliation for our enormous sins procuring Gods wrath i A New Discovery of the Prelates tyranny p. 115 116. k Isa 32. 17. l See the Vindication of the secured and secluded Members and my Speech in Parliament m Jer 46. 16. 50. 16. n Jer. 28. ●3 14. 27. ● Ezech. 30. 18. 34. 27.