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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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aliter at que ii qui vino adobruuntur ebrius esset IN INNOXIOS FVRERET c. Vnde PERICV LOSSISSIMA RES EST QVIQVAM COMMITTERE IMPERIVM To pretermit all other forraign presidents of like nature enough to fill whole Volumes I shall instance only in one domestick one not unseasonable for and very parallel to our times related by sundry of our Historians William Langchamp being advanced from an inferiour condition by King Richard the first to be Bishop of Ely Popes Legate Lord Chancellor Chiefe Justice and Protector of England the first who enjoyed that title to my remembrance during the Kings absence in the holy Wars Ann. 1191 c. Was so strangely infatuated intoxicated metamorphosed by these his new honours and powers that he acted many things not onely indiscreetly and untowardly but also most arrogantly insolently tyranically unconscionably covetuously and cruelly tyrannizing beyond all measure over his Fellow Commissioners the Kings own Brethren all the Nobility Clergy Gentry and Commonalty of the R●a●me whom he perpetually greived oppressed with manifold continual and needlesse illegal exactions pressures proud insolent Speeches and behaviour purveyances proling Officers Troopers Guards Garrisons who by some means or other got all the wealth of the kingdome into his and their hands by placing displacing all Officers and disposing all Offices preferments in the Realme at his pleasure by imprisoning crushing trampling under feet all such who durst oppose or appeal against his Tyrannicall Exactions Procedings Usurpations against their ancient Liberties Priviledges Rights Laws AS GUILTY OF HIGH TREASON OR SEDITION And to keep the Nobility Clergy People in this servile condition under him he kept a perpetuall Guard of Frenchmen and Flemings about him never riding abroad with lesse then 1500. Horse to guard him and commanded all the Nobility and their Sonnes to attend upon him and matched his Neeces and kinswomen to them the better to secure and strengthen himself Yea he displaced all the Officers appointed by the King and under pretext of suppressing Thieves and tumults placed garrisons of his own creatures rather to destroy then govern it who kept great troops of cruel and barbarous Souldiers which rode about armed in every place to terrifie the people and be the most wicked executioners of his Violence rapine coveteousnes Exactions sparing neither Clergy man Monke nor Layman and committing many outrages and cruelties in all places without punishment And not contented herewith being sensible of the Nobilities Clergies and peoples indignation against him for these his Exorbitances and Oppressions he sent for div●rs forraigne forces of his Friends and Confederates placing them in the Castles and Garrisons of the Kingdome for his greater security By which Tyranicall courses Multis Terrorem incussit Siluit Regnum Angliae à facie ejus nec fuit qui obmurmuraret ●um sibi in Anglia nihil ad ex●vgnandum restaret writes Mathew Paris In briefe Nu●rigensts records That the Laity o● England experimentally found him MORE THEN A KING And the Clergie MORE THEN A POPE but both of them AN INTOLLERABLE TYRANT Solis complicibus et copri●toribus suis innoxius caeteris indifferentur non tantum PECVNIARVM AMBITV verum etiam DOMINANDI VOLVPTATE ERAT INFESTVS For by reason of HIS DOVBLE POWER or rather treble civill Ecclesiastical Military he usurping the Militia into his own hands alone HE PUT ON THE PERSON OF A DOUBLE TYRANT most arrog●ntly domineering both over the Clergie and people making use of both his powers the more easily to accomplish his designes and crushiug those with his Military and royall power whom he could not subdue with his Ecclesiasticall Authority Non erat qui se absoonderet à calore ejus cum secularis in eo virgam vel GLADIVM Apostolicae potestatis timeret His pompe and pride was more then royall almost in all things Yet such was his secret fear in the midst of his greatness That Clericorum stipatus Catervis MILITVMQVE VALLATVS AGMINI●VS Orientalium more Regum TANQVAM IN EXPEDITIONE JVGITER POSITVS ARMATORVM CIRCA CVBICVLVM SVVM HABERE EXCVBIAS VOLVIT keeping great armed guards about him day and night wheresoever he was or went Hereupon the Nobility and People unable to suffer his intollerable insolencies and oppressions any longer complained most greivously of them ●o the King who thereupon writ to some Nobles to examine and redresse these Greivances And upon the instigation of Earl John the Kings Brother the Nobles of England raysing great forces to suppresse and eject this Tyrant met in a kinde of Parliament the Saturday after Michaelmas Anno. 1191. at L●don Bridge between Reading and Winds●r and after that in Pauls Church and on the East part of the Tower of London where all the Archbishops Bishops Earls and Barons there assembled agreed and resolved the unanimous conscent of all Vt talis de caetero in Regno Angliae non dominaretur per quem Ecclesia Dei ad ignominiam et POPV●VS AD INOPIAM TRAHEBA●VR Ipse enim Cancellarius et satellit●s ejus OMNES REGNI DIVITIAS IT A EXHAVSERANT Vt nec viri Baltheum argento redimitum ne faeminae monile nec viri nobili annulum vel Judaeo relinquerent the saurum vel quidlibet precio●i The saurū quoque domini regis adeo evacua verant ut in scriniis au●●lit●llis Nihil praeter c●aves et vasa vacua possent de elapsa Biennio inveniri Provisum est etiam Vt o●●ia castella quae pro libitu suo idem cancellarius cu●todiae satellitum suorum commisserat redderentur in primis Ipsa turris Londinensis This insolent Oppressor now finding himselfe unable to resist the nobles most of his Freinds rebellious forces deserting him in his distresses fled to the Tower of London refusing to appear before the Lords for fear of violence notwithstanding security tendered to him but at last being necessitated thereunto he sware to perform whatsoever the Lords had Decreed giving sureties to surrender up all the Castles to them and to depart the Realm Whereupon laying down his Offices and Legates Crosse he came to Dover thinking in a clandestine manner to passe the Seas and the better to deceive the Marriners eyes he disguised himself in womens apparel virum in faeminum convertit dum vestem Sacerdotis in meretricis habitum commutavit tunica virida faeminea indutus But being casually discovered by a Mariner to be a man who desired to make use of him as his strumpet and that hatefull Chancellour whom so many had cursed and feared a company of women and vulgar people in great despite threw him to the ground spit upon and beat him very sorely dragged him by the heeles along the Sands and would no doubt have torn him in pieces had not some of the Burgesses of the Town rescued him out of their hands and thrust him into a Seller where he was detained prisoner till they knew the Lords pleasure concerning him Thus he who but a
who professed himself a Lawyer or ware a Gown upon his back durst affirme That about 50 or 60 members only of the late Commons house confederating with the Army-officers to destroy condemn and behead the King the * head of the Parliament abolish the whole house of Lords the ancientest honorablest chiefest of branch our English Parliaments Wherein the judiciall power of Parliaments wholly or principally resided and secure seclude the majority or five parts of four of the whole Commons house only for voting according to their consciences and endevouring to settle the Peace of the Kingdome after eight years bloudy wars and to subvert all future reall English Parliaments contrary to their trusts and duties the very expresse words of the writs and retornes of those by whom they were made and elected members contrary to the direct tenor of the Oaths of Supremacy and Allegiance which they took and must take before they could sit or vote as Members contrary to the Solemn Protestation Vow League and Covenant which they all made and took after they were Members contrary to their manifold printed Declarations Remonstrances Ordinances Votes whiles there was a reall Parliament and they actuall Members of it contrary to the Desires Petitions of those who intrusted them yea contrary to the principles of the Protestant Religion the Priviledges Rights of Parliaments the fundamentall Lawes of the Land which they professed covenanted ingaged inviolably to maintain as they were Members should be a true and unquestionable Parliament of England of themselves alone without either King or House of Peers or the mainity of the secured and secluded Members especially after the Kings beheading which actually dissolved the Parliament and sitting still under the over-awing guards and force of the Army demanding of him in an earnest manner by what Parliamentary or Legall Records Histories Law-books resolutions of our Judges or Courts of Justice he could prove that unparliamentary Juncto to be a lawfull English Parliament when as his own science and conscience must attest that they all declare and resolve them to be no Parliament at all Whereunto he replyed he must needs confesse that all Records Histories and Law books were clear against him that they were no legall Parliament but yet yet in this case of extremity wherein we then were It was lawfull for the minor part of the Commons Houses to seclude the King and house of Lords with the major part of their fellow-commoners when they would have endangered the ship of the Common-wealth to preserve it from drowning as I my self granted in one of my Books that the Mariners might secure the master of the Sip and thrust him from the sterne in case he would wilfully split it against a Rock or Quick-sands to preserve the ship and themselves from perishing to which I rejoyned that the similitude suited not with the case in question For the secluded majority of the Commons and Lords house according to their trusts duties at the earnest desires of the generality of our three Kingdomes endevoured to preserve and secure the ship of the Common-wealths of England Scotland and Ireland and bring it into a safe harbour by a happy close with the late King upon far more honourable terms and propositions for the subjects benefit liberty weal security to which the King consented then ever we or our ancestors enjoyed or our posterities can hereafter hope for and laboured to their power to prevent those bloudy intestine wars between our Protestant Realms and Allies and that prodigall expences of many millions of treasure which this vi●lence upon the King Peers and Commons house have since produced and is still likely to occasion by these few Members confederacy with the Army who in stead of saving have quite wracked the ship both of our true ancient Parliaments and Republicks and of their new infant Common wealth too and left us in a more desperate distracted unsetled condition then they then found us which he con●essed to be true Therefore he could no wayes justifie this their violence much lesse infer from thence that they were an undoubted true English Parliam●nt for by like reason he might make the Army or Generall Councell of Army Officers the chief authors and actors in this violence only to perpetuate their own armed power and our intestine wars for their own private ends as now all clearly see a true English Parliament as well as that Fag end of the house of Commons confederating with them who now too late repented of this their folly treachery and heartily wish they had joyned with us in our really endevoured and neer accomplished settlement upon the Kings confessions which now they despair of more then ever to enjoy under any New Government To the second I replyed that admit them to be a true English Parliament which I could not grant yet certainly they neither would nor could grant him or his Whitehall associates any such unlimited arbitrary instructions and Tyrannicall power to close-imprison me or others in remote Castles under Souldiers to break open ransack our houses studies seize our writings records deny us liberty of Gods O●dinances or free commerce with others by conference or Letters which the whole Parliament and themselves so lately condemned sentenced and publickly voted declared against as repugnant to the great Charter Lawes Liberties properties of the Nation in my own and others cases and made new acts against And if any such exorbitant tyrannicall power had been granted them upon any pretence yet the Statutes of 25 E. 1. c 1 2. E. 3. c. 1. declare them to be null and void and himself knowing them to be such in law could neither in justice nor conscience pursue them to mine or others prejudice To the third I subjoyned That the many desperate plots and conspiracies against the true reall Common-wealth of England were on his and his associates part who subverted our old Fundamentall Laws Government Monarchy Parliaments and the free course of justice by arbitrary power force and Courts of highest injustice not on mine or the secured and secluded Lords and Commons who detested opposed all their apparent late plots a●d conspiracies against them and that now by Gods retaliating Justice they poor infant Commonwealth founded in Treachery Perjury Violence Injustice Bloud Tyranny was suddenly subverted destroyed by that very armed power which first erected and engaged to support it still But admit the allegation true yet this was very ill Logick and worse Law and Policy because there were many plots and conspiracies against their new infant Republick by others Ergo he and his Whitehal associates might close-imprison me after all my sufferings and services for the publick and all else they pleased in remotest Castles without cause or hearing though guilty of no reall crime plot or conspiracy which strange exorbitancy in my judgment was our principal cause of their new Commonwealths and Whitehall Councels suddenunexpected downfals However I being a Member of Parliament
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