sustained by this Imprisonment And whereas we both with Dr. Bastwick for pretended seditâ—ous Books and Practices were after a kind of heaâ—ing in Sâ—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 restraâ—nts therein contâ—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 exceâ—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 â—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 Proceâ—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 resolveâ— 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 â—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 fâ—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 snarâ— of the Devill and that maxim now in many mens mouths unworthy men or Christians Over shooâ—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 injurâ—d in suh c ases by our unrighteous dealings aâ—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 râ—solved by the two late Parliaments and whole house of Câ—mmons to be an high intrenchment upon the Subjeâ—ts Liberties and property contrary to Magna Chartâ— the Petition of Right the Judgment in Sâ—maiâ—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. Creâ— Mr. Pym and other members oâ— Parliament â— and such a one I yet am if the former Parliament
by colour of the general Warrant Dormant from the High Commission and that that Warrant IS AGAINST THE LAW AND LIBERTY OF THE SUBJECT and that Sâ—rjeant Dendy and Alderman Abel have offended in breaking open the House of Mr. Burton and ought to make reparations to Mr. Burton for the damages he sustained by breaking open his house And that Iohn Wragge ought to make reparations to Mr. Burton for the damages hâ— Justained by breaking open his Study and seising his Books and Papers 2ly That after this the whole House of Commons in their Remonstrance of the State of the Kingdom the 15 December 1641. reciting many grievances therein complained of now acted over in a far higher degree than ever they were under the beheaded King sadly remonstrated That great numbers of his Majesties Subjects for refusing unlawful Charges Taxes New Oaths and Judicatures erected against Law have been committed tâ— long and hard imprisonments and others have had their houses broken up their goods seisâ—d and some have been restrained for their lawfull callings And that the very next day after the Parliament ended the fifth of May 1640. Some Members of both Houses had their Studies and Cabinets yea their Pockets searched which they declare to be contrary to the Law and the Subjects Liberty 3ly That in the Case of Members and such a one I still am if the Parliament or House of Commons be yet in being as you do and must affirm the whole House of Commons 3 Jan. 1641. published and printed this Order It is this day ordered upon the Question by the Commons House of Parliament That if any persons whatsoever shall come to the Lodgings of any Member of this House and there do offer to seal the Truncks Doors or Papers of any Members of this House which is lesse than to break open search and take them quite away by armed Souldiers as in my case or to foise upon their Persons That then such Members shall require the aid of the Constable to keep such persons in safe custody till this House do give further Order And this House doth further declare That if any Person whatsoever shall offer to arrest or detain the person of any Member of this House without first acquainting this House therewith and receiving further Order from this House That it is lawfull for such Member or any Person to assist him and to stand upon his or their guard of Defence and to make resistance according to the Protestation taken to defâ—nd the Privileges of Parliament 4ly That afterwards the Commons House in their Declaration of the same January in case of the 5 impeached Members published to all the Kingdoms further declared and ordered That whereas the Chambers Studies and Truncks of Mr. Denzil Hollis Sir Arthur Haslerigge Mr. John Pym Mr. John Hampden and Mr. William Strode Esquires Members of the House of Commons upon Monday the third of this instant January by colour of his Majesties Warrant have been sealed up not broken up searched and carryed away as mine are which is far more by Sir William Killigrew and Sir William Flemen and others which is NOT ONLY AGAINST THE PRIVILEGES OF PARLIAMENT BUT THE COMMON LIBERTY OF EVERY SUBJECT Whereupon we are uecessitated according to our duty to declare And we doe hereby declare that if any person shall arrest Mr. Hollis Sir Arthur Haslerigge Mr. Pym Mr. Hampden and Mr. Strode or any of them or any other Member of Parliament by pretence or colour of any Warrant issuing out from the King only he is guilty of the breach of the Liberty of the Subject and of the Privilege of Parliament and a publike Enemy to the Common wealth And that the arresting of the said Members or any of them or any other Member of Parliament by any Warrant whatsoever therefore by yours now without a Legal proceeding against them and without consent of that House whereof such Person is a Member IS AGAINST THE LIBERTY OF THE SUBJECT AND A BREACH OF THE PRIVILEGE OF PARLIAMENT And the Person that shall arrest any of these Persons or any other Member of the Parliament is declared a publike Enemy of the Commonwealth And we doe further Declare That the Privileges of Parliament and the Liberties of the Subject so violated and broken cannot be fully and sufficiently vindicated unless his Majesty will be graciously pleased to discover the names of those persons who advised his Majesty to issue out Warrants for the sealing of the Chambers and Studies of the said Members to send a Serjeant at Arms to the House of Commons to demand their said Members to issue out several Warrants under his Majesties own hand to apprehend the said Members Whereupon those who sealed up these Members Studies and Truncks were committed Prisoners and threatned to be put by their places as some of them then were From all which Votes Resolutions Declarations to omit many others of this Nature I must conclude and protest that if the breaking up searching for seising and bare sealing up of the Doors Studies Trunks Papers of Subjects and Members of the Commons House or apprehending their Persons by Warrants from the High Commission old Councel Table and King himself by Pursevants and Clerks of the Council Table who were sworn Legal Officers be such an high violation of the Law of the Land the Liberty of the Subject the Privileges of Parliament and render such as are guilty thereof declared Enemies to the Commonwealth Then your breaking up searching my House Studies Trunks and seising of my Writings Papers Person by armed unknown obscure Souldiers who are no Legal Officers after all these Votes and Declarations must much more be against the Law and Liberty of the Subject the Privileges of Parliament and render you them and all who were active in it notorious Enemies to the Commonwealth of England unlesse you give me speedy Satisfaction and Reparations for the Injury and retract those violent Proceedings with shame and indignation which I Demand and expect of Right without further delay Next I must acquaint you that I and my Servant too have now been kept up close Prisoners and restrained from all Gods publike Ordinances above this fortnight by colour of your illegal Warrant whereas the whole House of Commons in their Remonstrance of the State of the Kingdom 15 Decemb. 1641. reputed and Declared this as the Compleating of cruelty under the late King That some Members deteined close Prisoners after the Dissolution of the Parliament 4 Caroli were deprived of the necessary means of spiritual Consolation in not suffering them to go abroad to enjoy Gods Ordinances in Gods house Which soul-murthering cruelty I now suffer by your unjust restraint and my Servant likewise I beseech you sadly to consider not only the great Scandal but impiety and danger of such restraints from publike Ordinances The Scripture defines the Devil himself to be the Original Author of such Imprisonments Restraints of Gods
of Pendennis Castle to detain him Prisoner there as by Law it ought to be for the first warrant is directed by you only to Major Robinson the second only to Colonel Disbrow who are neither Military nor Civil Governours nor Officers in Pendennis and keep your originall Warrants for their own indemnity sending only a bare copy of them without time or date to the Governour of Peâ—dennis to whom neither of them are directed by you to detain him Prisoner by which can be no Plea nor Warrant in Law in any Court to justifie his imprisonment in this place by Captain Shrubsoll who yet without any other Warrant but this Copy alone of yours to Disbrow hath injuriously restrained oppressed and close imprisoned and kept him from Gods publick Ordinances as aforesaid beyond and against all Warrants by colour only of this his datelesse Copy forecited 10. Because this Warrant doth not so much as mention his known Christian name WILLIAM as by Law it ought but his Surname only nor so much as expresly command him to be kept Prisoner but barely kept at Pendennis Castle which he may be and yet not as a Prisoner or close Prisoner upon the same void illegall expired Warrant upon which he hath been Prisoner at Dunster Besides it neither commands or requires but only desires Colonel Disbrow that he may be removed and kept here not for any certain time or till delivered by Law or brought to his legall Tryall for that nothing in this warrant for which he stands here committed but meerly till further Order from you which may be till death or doomesday if you please and yet seem to resolve for all which causes as well as the former it is both void and illegall as Sir Edward Coke resolves in his Institutes on Magna Charta c. 29. ratified by the Commons own Order for its impression 11. Because it gives no expresse command nor precept either for his translation hither or restraint here nor concludes as all legall Warrants do And for your so doing this shall be your Warrant and hereof fail not at your perill but barely desires his removall by Disbrow and keeping here rather as a cuortesie then commanded duty concluding only And WE DESIRE YOU to certifie any other as well as you for us is not expressed if intended what you shall do herein in his removall thither not in his keeping there where he is no Officer nor Governour Therefore illegall and no Warrant at all 12. Because if this Copy be true as they both attest under their hands then this Warrant hath neither time when nor place where it was dated nor person to whom it was directed Therefore illegall null invalid Now how much it will redound to the Honour of your wisdome justice reputation of your Clerks and those Lawyers associated with you to advise you in points of Law to issue forth such a defâ—ctive null void illegall absurd impâ—ssible nugatory Warrant as this in all the 12. forecited regards and so long to restrain imprison close imprison him in this remote Castle upon a bare Copy thereof and still to detain him Prisoner thereupon notwithstanding all former addresses to you by himself or friends for his enlargement hence and what all rationall men in present in future ages will judge of your strange exorbitant proceedings of such nature or how you will clear justifie or excuse them before any future Parliament or new pretended but as most now think never really intended Representative of the Nation so often promised but still as long deferred as his liberty or any other impartiall Court of Justice on earth if ever there legally examined upon complaint or before Christs own inpartiall unavoidable Tribunâ—ll at last where you must shortly render a strict account thereof to this Righteous Judge of all the earth without any armed Gardians to secure you against his Justice in the presence of all his holy Angels and the whole world of Mankinde Where himself hath resolved beforehand in his very Gospell that he will passe this irrevocable sentence against all such who only refuse or neglect to resort unto visit feed cloth and relieve his imprisoned believing members for this their bare omission Go ye cursed into everlasting fire prepared for the Devill and his Angels FOR I WAS SICK AND IN PRISON AND YE VISITED ME NOT c. And will therefore certainly pronounce a severer doom against all such unrighteous Grandees who actually without cause crime tryall maliciously cast his formerly suffering members into Prisons and detain them close Prisoners under terrifying armed Gards and Sentinels in remote obscure Castles far from all friends or acquaintance of purpose to disable deter all others from visiting feeding clothing and relieving comforting them in their necessities or sicknesse therein and yet year after year most inhumanly refuse upon their Oaths frequent sad complaints and impoâ—tunities to release visite relieve or right them And what you will then be able to alledge for your selves to prevent any human censures here or such a fatall sentence from Christs own mouth hereafter for the premises he most seriously refers to your own awaked consciences and most serious contemplations if now after this his Remonstrance and full information of your Warrants Illegality and Nullity by which he hath been restrained you shall wilfully neglect or peremptorily refuse immediately to release and fully to repair him who by colour thereof hath been kept a closâ—r Prisoner under you before any charge or hearing then formerly under your tyrannicall condemned Predecessors at Whitehall after two bils hearings and their severest censures and denyed so much Prison freedome as very Popish Priests and Jesuites formerly obtained did and still enjoy if you have any such now Prisoners under your Regency even in their very strictest prisons when convicted condemned even of the greatest highesâ— treasons both against King and Kingdome And seeing you have freshly exhorted enjoyned all sorts of person in the Nation to make publick and private confessions to God of all their personall and nationall sins which have provoked his wrath kindled new warres with our very formerly confederated Brethren and threaten many heavy judgements to the Nation if not cordially lamented speedily and really reformed and for this end have appointed a generall solemne Fast and day of Humiliation on the 13. of October next to divert Gods incumbent imminent judgements and procure peace And for as much as God himselfe the God of Judgements Vengeance Warre Mercy Peace hath frequently declared in his sacred Oracles that Oppression Injâ—stice Violenâ—e Spoyle Cruelty depriving any of their just Liberties Rights Inheritances Estates by meer arbitrary Power and the oppressing Sword without just cause Right Title or Legal tryall imposing heavy yâ—akes of bondage on the neckes and intolerable burthens on the backs Estates of men by illegall Taxes or Exactions next to Apostasie and most grosse Idolatry are the greatest Wrath-procuring State subverting Realm-destroying
secret treasonable plots practises had any hand in my last close restraints I cannot certainly resolve seeing my Imprisoners themselves have protested to me they know not by whose or upon what information I was Imprisoned But this some of my Restrainers have confessed to me and my friends That they believe the chief reason of my long close Restraints was to hinder me from writing any thing against their late proceedings and publique Alterations Lawes Liberties which I formerly averred in my Speech in Parliament and Memento when they were first put them in execution to be originally contrived and secretly fomented by the Jesuites to destroy our King Kingdome and Religion That Speech of the Parliament of Paris to King Henry the fourth of France Anno 1603. when he resolved to restore the banished Jesuites against his Parliaments arrest and advise being then my constant asseveration Faxit Deus ut sim falsus vates sed prospicio animo tandem HOC REGNVM OPERA JESUITARUM IN CINERES ABITURUM and that I verily feared and believed the vissible Instruments most active in those dismall Proceedings Changes Subversions then intended and since effected were but the Jesuites deluded seduced Instruments in reality And that which may now at last convince them thereof beyond contradiction is not only the irrefragable evidences lately published in my Epistle to A Seasonable Legal an Historical Vindication of the good old Fundamentall Liberties Rights Lawes Governments of England compared with the excellent Proclamations of Queen Elizabeth and King James against Jesuites but likewise that memorable Piece presented to the states and Nobility of Poland assembled in Parliament 1607. to prevent the Seditious practises tumults of the Jesuites in that Realm intitutled Consilium derecuperonda in posteram stabilienda Paâ—a Regni Poloniae per IESVITARVM ELECTIONEM Which clearly demonstrated That the Jesuites Society was purposely instituted by the Pope and Spaniard to advance their intended universall Monarchies and to be their principle Spies Intelligencers Instruments for this purpose the generall of the Jesuites being alwayes a Spaniard by birth or Allegiance and keeping his constant residence at Rome and their Order a most dangerous sharpe active sword whose blade secretly heathed in the bowels of all other Realmes States but the bilt thereof alwayes held in the Popes and Spaniards hands who weild it at their pleasure That the Jesuites instill this Treasonable Principle into their Schollers and Auditors That all Christian Kings and Princes as well Papists as Protestants who shall by any meanes whatsoever fall under the Popes indignation or Sentence or in any sort hinder the Jesuites Projects or not obey them in all things ARE HERETICKS and TYRANTS that thereby their Subjects are actually absolved from all Oathes Obedience and future Subjection to them Whereupon not only the people in generall but any particular person MAY LAWFULLY KILL and DESTROY THEM not without punishmemt only but likewise with GREATEST APPLAVSE and MERIT even of a CANONIZATION FOR A SAINT By which Jesuiticall Decree THE LIFE and DEâ—TH OF ALL KINGS and ALL THE CIVIL MAGISTRATES OF EVROPE IS SUSPENDED ON THE IESVITES PLEASURE If they favour them they may live and prosper If not THEY MUST PERISH Which the Jesuites proclaiming of the State of Venice through all Italy for most PESTILENT HERETICKS ABOMINABLE TYRANTS only for making lawes to bridle their covetousnes and banishing them for their disobedience and Treachery to the State though professed Roman Catholickes Their fury against Henry the 3. of France in stabbing him to deathâ— though never accused of Heresy and continuing till his death in the Roman Communion only for this reason Quod Seeptrum Regium non ei tradere volebat quem sibi Hi Socij tanquam idoneum mâ—litiâ—num suarum administrum gallicae Regem destinaveránt branding him both for an HEREâ—ICKE TYRANT for this cause alone after his death in severall Bookes REGIS BRITANNIAE PERPETVA PERICVLA the perpetual dangers of the King of great Britain by the Jesuites and the feare of all others who finde this Order offended with them aboundantly testifie After which ensues this considerable Passage touching the Jesuites restlesse eâ—deavours to subvert all Christian States and the Fundamentall Lawes of all Kingdomes crosse to their Designes especially such as concernc the Succession of their Kings or the Peace and Liberty of their Kingdomes and People which I desire the Newmâ—dellers of our Lawes Government and Subverters of our liberties sadly to consider DIXI quanta vis sit Aculei Jesuitici contrareges statumque regium quoties hunc molitionibus suis obstare inte Higunt Hic autem vos notare velim EJVSDEM PESTIS non minorem efficaciam esse IN OPPUGNANDA EXPUGNANDA REPVBLICA ATTERENDIS LEGIBVS quoties nempe sentiunt se ab his in institu◠â suâ venatione impediri Et quod AD LEGES attinet Hae politicae tineae illas praecipue arrodere consueverunt et exedere quibus jus successionis in regno continetur libertasque et pax publica confirmatur Qualem in Galliis praecipue invererunt Legem illam Salicam matriculam et Fundamentum illius regni perquam stirpis regiae mascula proles exclusis femeles ad Regnum sola admittitur Cujus Legis vigore successio Regni post interfectum Henricum 3. ad Henricum 4. Regem tunc Navarrae devolvebatur Quod ipsum cum SECTA JESVITICA suam interitum interpretaretur Tantum efficere potuit ut Galli hoc reipublicae suae fundamentum ipsimet subruere conarentur ascitâ contra hanc legem Philippi 2. Hispaniarum Regis Filia quam ex Henrici 2. Galliarum Regis filia susceperat in Regni sui haeredem Operis totius promotoribus internuntiis Jesuitis Quod autem Gallis Lex Salica praestat hoc Polonis ad huc Regum Juramenta conferunt per quae hactenus Reipublicae Liberae electionis jus conservatur quam periculose vero Hoc etiam libertatis nostrae fulcimentum ab his cetineisarrosum sit egomet dicere nolo necpublicum dedecus ipsomet divulgabo Ejusdem virtutiâ— illustre specimen coram oculis nostris in vicina Hungaria Austria Styria Carinthia c. ediderunt eo nimirum successu Vt obtritis legibus quibus praedictarum nationum libertas nitebatur partemearum Penitus oppresserint partem ad Extremam desperationem adegirint Hoc quidem rumor publicus hactenus constanter affirmat in praedictis Provincijs alicubi Illustribus et antiquissimae nobilitatis familiis publicè diem dictum esse intra quem se aut coram Jesuitarum tribunali sistant aut relictis patriis sedibus alio migrent Which a Noble Polonian Knight in his Oration against the Jesuites seconded in that Parliament of Polonia who relating the bloudy warres and tumults raysed by these Gibeanites throughout the Christian world India hath this memorable Passage concerning England Scotland Eodem motuab istis Jesuiticis Gabaonitis
excitato impulsa est Anglia Scotia quae Regna cum antea externorum hostium impetum depulerunt Nunc domesticis dissidijs debiltata et ad interitum jam inclinata sunt Id verò totum acceptum referrendum est istis sanctissimis patribus Gabaonitis Jesuiticis Which he ushers in with this precedent Observation concerning their carriage in America to subject it to the Spanish vassallage Eisdem artibus et hoc Religionis Nomine illas Provincias Hispanico Regi potentissimo subjicerunt à quo illi emissi Ut exploratores eo consilia omnia retulerunt Ut primum domestica dissidia excitarent deinde Hispanicos exercius in regna convulsa dissidiis domesticis debilitata adducerent Quod assecuti sunt omnia caedibus sanguine ita replent ut non solum Consilij Capiendi sed etiam Ne respirandi quidem spacium relinquant illis a quibus amanter humaniter fuerant excepti All which particulars being likewise more largly justified demonstrated in that elegant Solid Oration of the Parliament of Paris to King Henry 4. Anno. 1603. against the Jesuites restitution contrary to the former Parliamentary Arrest for their perpetual banishment out of France which they therein predicted would prove fatall to him as it did in truth by their manifold attempts against not only against the French Kings lives Crownes but also against the Lawes and Liberties both of the Realme and Church of France thus poetically expressed in an Epigram presented to King Henry the fourth the same year upon the same occasion by a true French Philopater Cui nam hominum ignotum est ' Jesuita nocte dieque ' Nil meditari aliud quam qua ratione modove ' Prisca statuta queant patriasque evertere Lege Inque locum ' antiquis totum in contraria nobis ' Jura dare sanctos privata ad commoda Ritus Flectere nulli unquam quod post mutare licebit ' Antique deflet proh libertatis honorem ' Auria libertas sic sic calcabere Sione ' Illa tibi fraenum injiciet Jesuitica pestis Vltima Fex hominum Satanaeque Excrementum Quo nil terra tulit pejus necfaedius unquam Mortem norant animare Et Tumultos Suscitare Hi submittant Proditores Hi subornant Percussores Excitant Seditiones Nutriunt Rebelliones Modo jubeat Romanus Vel sic postulat Hispanus Servit his Cor Sermo Manus Adds another In Officinam Jesuiticam I now referre it to the consciences of all my late Imprisoners and all other Subvertors Underminers New-Modellers of our ancient Fundamentall Lawes Liberties Parliaments Governments Kings and hereditary Regall Succession contrary to their former Oathes Protestations Covenants Declarations Remonstrances Professions Principles Resolves Commissions Trusts Advices Votes of the Majority of both Houses of Parliament and our three Kingdomes sadly to consider without passion or partiallity whether all our late intestine bloudy warres with their strange unparalleld Proceedings and Changes of this Nature which I opposed to my power proceeded not originally from the Jesuites projection suggestion and solicitation to ruine our Protestant Kings Kingdomes Lawes Liberties Churches Parliaments and whether they were not the very Jesuites reall though deluded circumvented Instruments in promoting accomplishing them with all earnestnesse violence zeal fury against the votes of the secluded majority of both Houses and of our three Protestant Nations to the Jesuites and Papist great content the grief of most Zealous Protestants the intollerable Scandall Infamy Dishonour of the most Zealous professors of the Protestant Religion and the exiting of many late and present bloudy persecutions against them by Popish Princes in Bohemia Austria Styria Savoy and other parts as a generation of Seditious Factious Antimonarchicall turbulent perfidious disloyall treacherous spirits and dangerous Regicides as they now repute them and publish us be in printed bookes and hereupon let them now resolve their own consciences and the world with what colour of Christianity Law Justice they could so illegally maliciously despitefully close imprison restrain my person seise all my Papers Records c. only to debar me from detecting opposing these their Jesuiticall Journey workers with my pen and indeavouring to translate the Odium of these their true originall Architects the Jesuites who are so impudent and malicious Vt etiam sua suorumque FACINORA AC PARRICIDIA EV ANGELICIS TRANSCRIBERE NON VERANTVR as Ludovicus Lucius proves by severall instances to render the Doctrine and Persons of the Protestants odious and detestable to the whole world And whose principall scope and designe is by severall stratagems to engage all Protestant Princes Kingdomes States Churches in unchristian divisions tumults warres between themselves and against each other Vt continuis se vonficient et atterent viribus ut COMMUNI MOX SUPER VENTVRO HOSTI RESISTERE NEQUEANT Sub nomine et praetextu Religionis Catholicae praesidioque authoritate Papae Hispaniarum Regis ubique locorum sese insinuare OMNIA DE NOVO PRO ARBITRIO SUO INSTITUERE ET AD JESUITICUM FUSORIUM CONFORMARE omnes Evangelicos igne ferro veneno pulvere tormentario BELLIS alijs Machinationibus opprimere viriliter extirpare Sicque SEIPSOS DOMINOS AC MAGISTROS TOTIUS MUNDI EFFICERE as those who please may read at large in Johannis Cambilhonus De abstrusioribus Jesuitarum artibus studijs in Hasenmullerus Hospinian Ludovicus Lucius their Historia Jesuitica Speculum Jesuiticum Watsons Quodlibets with others our New Statizers may do well most seriously to peruse and study the better to countermine the Jesuites pernicious plots against us for the future which have wrought such strange confusions warres alterations various Revolutions in Church and State amongst us in few years last past as all former ages can not parallel If any of my imprisoners or others demand why I did not during all the time of my close Restraints sue out an Habeas Corpus to procure my Liberty in a Legall way or why upon my Enlargement I brought not an action of false Imprisonment against my Committers or their under-Goalers to recover Dammages for my illegall Restrains or a Writt of Restitution to re-invest me in my Recordership of Bath of which I was injuriously dispossessed without cause or hearing by a Whitehall Letter and another time-serving Member introduced during my restraint I Answere 1. That the want of a true Legal Power Jurisdiction and Court of Justice from whom to demand sue and before whom to prosecute these Legal Writts disabled me to pursue them And to demand them from or prosecute them under those illegall Usurped New self-created Powers and Jurisdictions of the Jesuites projection which illegally committed and ejected me from my Recordership had been a reall acknowledgment of and submission to them on record as Lawfull against my Science Conscience Judgement Oathes Protestation Vow League Covenant our known Lawes Statutes and Parliamentary Declarations which I durst not in conscience or prudence violate to
the Sâ—eriffs and Justices only are to suâ—presse all force and sumults if there be any need by the Posse Comitatus in which cases Souldiers are only to assist them as auxil ariâ—s not as sole as princible Officers or Executioners as in and by your Warrants they are now usually made against Law and the practices of all former ages Which late illegall Vsage of imploying Souldiers in this kind to arest mens Persons break up and search their Houses reputed High Treason and a levying of Warr against the King and his People in Straffords case the very last Parliament as it hath allready occasioned many Barbarous Murders dangerous Burglares and Roberies in sundry places and in the very heart of of London it self by Souldiers and others pretending Warrants from your New Council of State or others in present power to apprehend Delinquents or search for Armes Papers c. so it is like to produce many more sad Tragedies and outrages of this kind to the endangering of all mens Persons lives estates thus prostituted to the violence rapine of every Rogue Thief Villain who shall but counterfeit himself a Souldier and pretend your Warrant for search of any mans house study or apprehension of any mans Person he hath a design to rob or murther Which common mischief can be no otherwise prevented but by directing all warrants only to known Officers according to Law â— publick Declaration to all the Kingdom that no Souldiers or others under Pain of death shall dare presume to execute or counterfeit any such Warrants for the future it being no part of their calling or imployment and a great oppression and terror to the People contrary to the expresse clause of the Commissions of the Peace and of Oyer and Terminer against such who ride armed in companies to the Terrror of the Kings people who cannot easily distinguish who are Souldiers really imployed and who are Counterfeits and have sometimes been affrighted not only to sicknesse and great distempers of spirit but even to death it self by the sudden violent Attachments and searches of Souldiers of whose rudeness and incivility in their executions others have much complained though those who seised me were as respective towards me as your warrant would permit transgressing only in the unseasonablenesse of the time and illegalities you injoyned them 2. Your warrant is directly contrary to Law and the Subjects Liberty in that it commits me Prisoner yea close Prisoner â—efore without the least Accusation conviction of any particular Crime any hearing â—xaminingâ— what I can say for my self and so a meer forejudging of me going to â—xecution before the fact examined contrary to all forms of Legal proceedings in all criminal causes whatsoever where the accused Persons for any Trespasse Felony or Treason are first sent for examined in the presence of their Accusers before they be committed Contrary to the very proceedings of the most exorbitant High Commisioners who at first only summoned not attached me for my Perpetuity after that for my Cosens cozening Devotions to appear answer the same before them Contrary to the proceeding of the Lords atthe Councill Table it self for my Histriomast ix suggested to be Seditious and Scandalous in the Superlative degree to the King Queen Court Councill Kingdome Government who yet thereupon only summoned me by a single sworn Messenger to appear in the Inner Star-chamber before them to answer such things as should be there objected against me for that Book but never once seized or Committed my Person untill after they had examined and heard me concerning iâ— such was their Iustice and moderation towards me in their first Processe whereas you now commit me close Prisoner at a great distance before yea without any Summons hearing or examination I know not for what pretended writings So much do you now out-strip them in violence injustice Whereas if you had ought against me you might have summoned me to appear before you whiles I was in London the last Term in commons or since that residing openly constantly at my country House without absenting my self or being ever yet a fugitive and examined me as they did before you thus rashly committed me hand over head in such a notorious way of violence in the face of all the County and Kingdome who cannot but conclude you are more Tyrannically exorbitant herein than ever the King or Prelates were against me and have hereby most notoriously infringed Magna Charta c. 29. the Statutes of 25. E. 1. c. 1. 2. 28. E. 1. c. 1. 5. E. 3. c. 4. 37. and 42. E. 3. With other Acts collected by Rastall in his Abridgment tittle accusation the Petition of Right the Resolation of the three last Parliaments and all our Law-books which directly enact adjudge and declare That no Freeman ought to be attached or imprisoned upon any Accusation or suggestion made to the King or his Councell much less then unto you unlesse it be by Inditement impeachment of his good and lawfull Neighbours or by Processe made by a writ originall at the common Law And if any thing be dâ—ne against the same it shall be reversed and holden for none Which Laws you have sworn professed covenanted to observe and are bound to do it as a Lawyer much more as a Christian it being the very Law of the Pagan Romans Acts. 25. 16. and of the very Jews themselves Iohn 7. 44 c. whose Officerâ— refuse to apprehend our saviours Person upon the High Priests warrant because never man spake as he did and their Law judged not any man to be apprehended much lesse imprisoned before it heard him and knew what he doth Wherefore you cannot but recalâ— and condemn this Warrant and its execution as most repugnant to these Statutes and the very Law of Nature of Nations and Gods own Proceedings with the worst of men 3. Every Warrant of Attachment Sr. Edward Cook proves at large in his 2 Institutes On Magna Charta c. 29. ought to be to summon or bring the parties to be examined before they be committed and every Mittimus after examination ought to expresse the cause justly and time for which they are to be imprisoned as during pleasure or till further order or till they shall put in bayl or be delivered by Law as likewise the manner how they shall be tryed for what they are accused and not be absolute as a Iudgement or sentence after hearing But your Warrant is a meer Iudgement before hearing or examination without any such causes committing me close Prisoner without any limitation of time and so for ought I know during life or ever intending to bring me to any legall examination or Tryall Therefore altogether illegall in this respect 4. The Statutes of 5. E. 3 c 8. 23. H. 8. c. 2 and 5. H. 4. cap. 10. enact That the Prisons to which evill doors shall be committed for their evil offences shall be in the most eminent
Saints and Servants Rev. 2 16. And further assures us That Christ at the last Judgement will say to those who did but only not feed cloth and visit the least of his Saints when they were in Prison Depart from me ye cursed into everlasting fire prepared for the â—evil and his Angels What an heavy Doom then will he passe against those who against all Rules of Law and Justice cast them into Prison and will there neither feed cloth nor visit but starvâ— their bodies and souls too as much as in them lyeth by depriving them of Gods Ordinances and all means of livelihood as you do me after all my former great losses and long-continued suffrings I cannot as yet be so uncharitable as to believe you design the ruine of my soul body and wasted Estate but if you de facto do it by this injurious restraint your sinne is as great as if you did design it If you think to justifie or excuse these Irregularities and unjust violent Proceedings against me by pretext of Necessity and publike Danger the only thing in Justification I yet hear alleged by your Instruments As this will be no Plea at all before Christs Tribunal in the great day of Judgment who prohibits all kind of violonce injustice oppression injury upon any Pretence what soever and will severely punish it their Damnation being most just who do evill upon this unrighteous ground that good may come of it So it will not hold water before mans Tribunal being resolved declared by the Judgement of both Houses and an Act of Parliament in cases of Shipmony Excise Loans to be no cause nor Justification of a Distresse much lesse of an Imprisonment And it being a Necessity and Danger of your own making not mine the Rule of Law is That noman shall take advantage of his own wrong to the prejudice of another The late Beheaded King in his Answer to the Petition of both Houses 26 Martii 1 642. is so ingenious as to confesse That the violating of Laws by his Ministers and the mischief that then grew by Arbitrary Power was made plausible to Us by the suggestion of Necessity and Imminent danger and thereupon he gave both Houses this caution And take you heed you fall not into the same Error upon the same suggestions which in his Answer to the Remonstrance of the Lords and Commons of the 9th of May 1642. he thus seconds And therefore we had good cause to bestow that Admonition for we assure you it was an Admonition of our own upon both Houses of Parliament to take heed of inclining under the specious shews of Necessity and Danger to the exercise of such an arbitrary Power they before complained of The Admonition will do no harm and we shall be glad to see it followed And therefore for you or those now acting after these two serious Admonitions to pretend Necessity and Imminent Danger for these with other Arbitrary courses Proceedings condemned in and by the King himself and the whole Parliament must be the hight of Oppression Injustice and will render you more detestable to the Nation and World than ever they did the King or his Evil Counsellors To trouble you no further at present I shall only inform you That the Commons in their Remenstrance of the State of the Kingdom Decemb. 15. 1641. Yea both Lords and Commonâ— in their Declaration of 4 August 1642. among other Designs Practices of the Malignant Party and Counsellors about the King complained of this as one of the most dangerous That they endeavoured to make those odious under the name of Puritans who sought to maintain the Religion Laws and Liberties of the Kingdom and such men were sure to be weeded out of the Commission of the Peace and out of all other imployments of Power and Authority in the Government of the Country Many Noble Personages were Counsellors in name but the Power and Authority remained in a â—ew of such as were most addicted to this Pâ—rty whose Resolutions and Determinationâ— were brought to the Table for countenance and execution and not for Debate and Deliberation and no man could offer to oppose them without disgrace and hazard to himself Nay those that did not wholly concurr and actually contribute to the furtherance of their Designs though otherwise Persons of never so great honour and abilities were so far from being imployed in any Place of Trust and Power that they were neglected discountenanced and upon all occasions injured and oppressed The Laws were no Defence or Protection to any Mans Right all was subject to Will and Power which imposed what payments they thought sit to drain the Subjects purses and to supply those Necessities which their ill Counsels had brought upon the King and gratifie such as were Instruments in promoting these illegal and oppressive Courses They who yielded and complyed were countenanced and advanced all others disgraced and kept under that so Mens minds made poor and base and their Liberties lost and gone they might be ready to let go their Religion and submit to the subversion and alteration of the Laws and Government which they designed And whether your Proceedings in the self-same kind against my self others who have suffered and stood so much for Religion Laws and publike Liberties in the worst of former times thus complained against and securing restraining us to boot in a more more violent way than the King and his evill Counsellors proceeded against us heretofore will not draw a greater guilt disreputation heavier judgement upon you and your Associates then they complained of did upon them if you persevere impenitently in such execrable Machiavilian carnal Practices I leave to your own Consciences to determine Sir I was never yet a flatterer of any Person or pâ—rsons how great soever in arbitrary and illegal wâ—ys and my present extremities will be a sufficient Apology for this my boldnesse and plain dealing with you as well as others heretofore in like cases wherein the whole Nâ—tions Liberties are concerned as much as mine own wherefore I do once more upon the premised Votes and Groâ—nds of right demand my present â—nlargement the restitution of my seised Papers Writings Records Books Trâ—â—â—ks from you and your Associates with reparations for these injurious proceedings against me from your selves 〈◊〉 the Originâ—l Authors and Principal Actors in them And so expâ—cting your undelayed Answer to my former and present Demands who amidst your manifold imployments may spare as much time to doe me right as wrong that so I may know how to steer my course I must and shall till then remain Your unjustly close restrained Captive WILL. PRYNNE For his quodam kind Friend Mr. Serjeant Iohn Bradshaw at Whitehall these Dunster Castle 16 July An. Dom. 1650. The third Letter to Mr. Bradshaw SIR I And my Servant attending on me have for above 6 weeks space against all Rules of Law Justice and the
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 Aspâ—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 abâ—se imprison close imprison mâ— and sundry others as you have done and to levy illegall Contributions and Taxes on me since my chargable imprisonmeâ—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 securâ— imprisoâ— my self and th' other free-men of England and Lord it â—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 â—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 penalâ—yâ— none beingsent upon these Grounds I daily expect to hear of their utmost Exâ—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 rapinâ— 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 Kingdomâ— 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 â—hâ—se mischiefs for thâ—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 â—ot joyn with them shall be violently plundred and pillaged of their horses and Arâ—â—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 â—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 â—â—â—â—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 puâ—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
and Monitors to inform you of your extravagances First whether these exorbitant Proceedings against me contrary to all the forementioned Laws Statutes Declarations Parliamentary Votes and Resolutions of both Houses in my very Case be an inviolable maintaning upholding preserving of the fundamental Laws of the Land Liberty and property of the people according to the Solemn Protestation Vow Covenant you have made subscribed in the presence of the everliving God with a real intention to perform the same as you shall answer the contrary at the great day of Iudgement or of your own former late printed Declarations published to this Kingdom Nation and the whole world And by what authority derived to you from God or men you can justifie or excuse this extream violation of all these Laws and Premises contrary to the very Letter of your Protestations Covenants and publike Declarations in this second year of Englands pretended Redemption from Tyranny and Slavery which never felt nor complained so much of both of them as now under you 2ly How you who professe your selves such Eminent Saints yea Patrons of publique Liberty and Piety and justifie the casting detaining of Saints in Prison which is the proper work of the Devil and his Instruments R 〈…〉 Isay 14. 17. Acts 5. 18. c. 12. 3 4 5. Mat. 14. 〈…〉 17 18 21. but the opening of Prison doors the loosing releasing Prisoners the proper office work of God Jesus Christ and all good Angels Psal 146. 7. Isay 61. 1. Acts 5. 18 19. c. 12. 5. to 20. â—he debarring me and my Servant above three moneths space from all Gods publike Ordinances on Lords days and week days and denyal of me so much freedom Liberty under your New Gaolers and Free-State Government in Christian England as St. Paul though accused for a Pestilent Fellow and a stirrer up of sedit ion amongst the Jews throughout the world enjoyed under the Pagan bloody persecuting Tyrant Nero in Heathen Rome it self Acts 28. 15. to the end Yea as all publike Traytors Malefactors whatsoever by the Laws of the Kingdom 〈◊〉 enjoy and all late restrained Cavalliers in Armes have enjoyed And how you will at last escape that heavy Doom denounced against such as do but only not visit Christs imprisoned Members or such as trouble and oppresse without imprisoning them recorded Mat. 25. 41. to the end 2 Thes 1. 4. to 10. if you thus close imprison starve undoe me without any just or real cause only because you have present power in your hands and the longest sword against which practice and ground of present power there is an heavy woe and judgement particularly denounced Mich. 2. 1 2 3 c. Which I desire you will seriously read and consider 3ly Whether it will not be esteemed an argument of extraordinary Cowardice Guiltinesse in you who have all the Militia and power of the Kingdom both by Land Sea in your hands and such great successes as you publish to stand in fear of such a mean unarmed despicable Person as my self and thereupon only to mue me up close Prisoner as you doe in a remote private Castle against all Rules of Iustice Law and Christianity 4ly Whether if you pursue equal exceed the Injustice oppressions Tyranny greatest Exorbitances of beheaded Canterbury Strafford the suppressed Star-Chamber Council Table or late King condemned executed by you so freshly for a Tyrant must you not in all justice reason expect and in gods due time undergo the self same or far worse Tragical fatal ends as they have done with eternal Damnation to boot notwithstanding your present power Greatnesse not half so well settled bottomed backed by Law or otherwise as theirs was when they sare and acted in State where you doe now For which I intreat you advisedly to peruse with sincere hearts Rom. 2. 1 2 3 5 6 8 9 21 22 23 24. Ezech. 18. 12 13 24. and Isay 14. 4. to 24. These Proposals premised I have only as ma ny Demands to make unto you to which I desire your undelayâ—d answer not out of any favour but meer right and Justice First that if you have anâ— â—riminal or Capital Charge against me by any known Laws or Statutes of this Realm as I am sure you have none you will then bring me to a speedy Just and Legall Tryall for it upon an Inditement or Presentmâ—nt of the good and Lawful People of the Neighbourhood where my pretended Offence was câ—mmitted before a Lawâ—ull Tribunal and Legal Iudges if there be any such now in being and that I may be tryed by the Lawfull Judgement of my Peers according to the good old Laws of the Land and have all just exceptions and challenges allowed me and not to be murdered destroyed as some lately have been by Tyrannical and Arbitrary Courts Marshal or miâ—-named New Courts of high Iustice set up in direct opposition subversion and destruction of the very Common Law of England the Highest Liberty of the Subjects the very safety preservation of their Lives their câ—iefâ—st Bulworks against all Arbitrary Powers which are all now prostituted to the Lawless wils of others the expresse Statutes of Magna Charta c. 14. 29. 25 E. 1. c. 1 2 3. 28 E. 1. c. 1. 1 E. 3. c. 19. 2 E. 3. c. 1. 4 E. 3. c. 1. 5 E. 3. c. 1. 9. 10 E. 3. c. 1. 14. E. 3. c. 1. 15 E. 3. c. 1 2 3. 20 E. 3. c. 1. 3. 28 E. 3. c. 2 4. 28 E 3. c. 1. 31 E. 3. c. 1. 37 E. 3. c. 1. 18. 38 E. â—3 c 1. 9. 42 E. 3. c. 1. 3. 45 E. 3. c. 1. 50 E. 3. c. 2. 1 R. 2. c. 1 2 R 2. c. 1. 3 R. 2. c. 1. 5. R. 2. c. 1. 5. 6 R. 2. c. 1. 7 R. 2. c. 2 3. 8 R. 2. c. 1. 9 R. 2. c. 1. 12 R. 2. c. 1 13 R. 2. c. 2. 5. 14 R. 2. c. 1. 12. 1 H. 4. c. 1. 10. 2 H. 4. c. 1. 11. 19. and Rot. Parl. n. 60. 4 H. 4. c. 1. 7 H. 4. c. 1. 9 H. 4 c. 1. 13 H. 4. c. 1. 2 H. 5. c. 6. 8 9. 2 H. 5. Stat. 2. c. 3. 3 H. 5. c. 1. 7. 4 H. 5. c. 1. 7 H. 5. c. 1. 2 H. 6. c. 1. 6 H. 6. c. 1. 8 H. 6. c. 10. 29. 9 H. 6. c. 3. 10 H. 6. c. â—0 14 H 6. c. 1. 15 H. â— c. 5. 18 H. 6. c. 12. 20 H. 6. c. 9. 31 H. 6. c. 1. 33 H. 6. c. 2. 1 R. 3. c. 3 4. 11 H. 7. c. 1. 11 H. 7. c. 21. 4 H. 8. c. 2. 6 H. 8. c. 6. 22 H. 8. c. 2. 14. 23 H. 8. c. 3. 13. 25 H. 8. c. 6. 22. 26 H. 8. c. 5. 6. 13. 27 H. 8. c. 4. 24. 26. 28 H. 8. c. 1. 7. 15. 32 H. 8. c. 4. 33 H. 8. c. 12. 20. 23 24. 35 H. 8. c. 26. 35 H. 8. c. 1. 2.
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 â—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 Sâ—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 towardâ— 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 Bâ—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 Declâ—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 â—ome particâ—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 Pockâ—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 Sâ—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 nâ—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 hâ—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
besides the Souldiers main guard from which it was severed only with a few thin borders where by reason of the guards continuall noise walking talking releasing drumming and the like he could enjoy no rest nor sleep day or night to the great impairing of his health eye-sight and interruption not only of his Studies but Meditations and private Devotions After which upon the enlargement of the Cornish Gentlemen formerly in Armes against the Parliament there secured he was removed to the best Chamber the Marshalsee there afforded being but mean low small and by reason of the natural situation of the place upon the Top of an Hill next the Sea near surrounding it without any tree or other shelter is so exposed to winds storms tempests driving the rain through the Windows Tiles Chimney and Fire oft times out of the hearth and so subject to smoak that the last tempestuous winter his Chamber was sundry times near over-flowen with water and he forced to set therein many whole wet cold days and weeks together without fire and sometimes to extinguish it when kindled lest the smoke should suâ—focate him or put out his eyes it being so moist withall that it presently moulds and rots Cloaths Books Shooes Vnguents and other things and so dark in Winter and cloudy weather that he can hardly see to read therein at Mid-day By reason whereof his health hath not only been impeached but his very life indangered he having no place to walk within doors and there being no walking without doors in wet and windy seasons here very frequent And whereas some of the Cornish Gentlemen here secured by your order for being Coloâ—els and Officers in the late Kings Army against the Parliament had so much liberty from Captain Charls Shrubsoll Deputy Governour of the Castle here under Sir Hardresse Waller as in those pretended dangerous times of the feared Scotish Invasion to repair home to their Friends and Houses only upon their Paâ—olls to walk abroad out of the Castle both about their occasions and for their recreations to visit their fellow Prisâ—ners in Armes at St Maurs Castle who likewise oft repaired to visit them here and to consult together and write Letters concerning their enlargements without any restraint which liberty I no ways envy or dislike yet such was his strange severity towards your Prisoner though a constant Servant Friend Adherent to and Member of the Parliament as not only to place special Centinels at his door day and night who followed him with their Matches lighted Musqusts at his heels when ever he stirred out but to ease Nature or walk before his Chamber door in the view of other Centinels and Souldiers though he had the Marshal and his Servant besides to guard him notwithstanding his Protests against it being no Prisoner of War as a new Military Oppression Innovation beyond your Orders and contrary to Law exposing him to the custody of as many new Gaolers every day as there were fresh Centinels never imposed on him in the Tower or other Garrisons whiles close imprisoned in them by the Prelates which yet he still continued but likewise to debarr him from repairing to the Parish Church to Gods publike Ordinances and Sacraments though there be no Chapel nor Minister in Orders in the Castle but only private meetings in the Store-house where a Chaplain never in orders and sometimes Soldiers pray and speak as they phrase it upon some Scripture Text without reading or singing any Psalm or Chapter or using any Sacraments And although this Captain and most of his Officers seldome or never resort to these nor yet to any other Meetings from which they withdraw themselves as being either above or against all Ordinances yet he would by no means permit this Remonstrant to resort to Gods publique Ordinances at the Parish Church contrary to the expresse word and meaning of your Warrant for his removal hither occasioned by his forecited Note to his Governour at Taunton to permit him Liberty to repair to the publike Ordinances of Gods worship if he shall desire it which restraint he continued to his great spiritual prejudice oppression and discomfort notwithstanding his often desires and expostulations too till Captain Cosens upon the receit of your late explanation in August last permitted him this Liberty And not content herewith this Shrubsoll peremptorily denied him Liberty to send any Letters to your selves or other his Friends in London to demand his Freedome or procure his enlargement or to complain to your selves of these his unparalleld Injuries even after his perusal of the Laws unlesse he would likewise first give him Copies of them under his hand and also trust him with their conveyance when and by whom he pleased which restraint of Letters beyond and against your Orders this Captain obstinately continuing above 8 moneths space notwithstanding his Remonstrants several expostulations with him and protests against it as most injurious unreasâ—nable and tyrannical never formerly imposed on himself or other Prisoners by any Gardians of late nor yet antiently on the Prophet Ieremiah himself when imprisoned under impious K. Zedechia as a Traytor to him and his Kingdom whâ— writ and sent abroad his Prophecies against theâ— in his very Prison and nâ—w writ and dispâ—sed them abroad again with many additions when buâ—nt by the King without such restraintâ— nor yet on St. Paul by the bloodiest Pagan Tyrant Nero in heathen Rome it self when sent Prisoner thither and publiquely accused by all the Elders and High Priests for a Pestilent fellow and mover of sedivion throughout the world c. who writ most of his sacred Epistles to whole Churches and particular persons in and sent them by his own friends and spâ—â—ial Messengers from his prison in Rome without his keâ—pâ—rs supervisal or demand of their Copies trusting him alone to send them at his pleasure Noâ— yet by the cruel Pagan Emperour Domitian the Persecutor on St. Iohn when confined by him to the Isle of Patmos from whence he writ if not his 3 Canonical Epistles and Gosple too yet his Apocalyps and 7 Epistles to the 7 Churches of Asia and sent them by his own Messengers without any perusal or restraint by his Heathen Gardians a tyrannical project which would have suppressed a great part of the sacred Scripture if then in use as now of late nor yet imposed by the last Parliament on Strafford Canterbury or any others when impeached condemned for High Treason nor on the vilest feloâ—s in our Common Gaols nor the very Gally-slaves in Turky who ever usually freely write and send Letters thence to their friends to ransome and enlarge them thence Upon which considerations he told him He would rather die in prison than submit to this his worse than Turkish Vassalage Thereupon after so long a fruitlesse Patience this Remonstrant was necessitated for his relief herein without this Tyrants privity to use meanes to convey a Letter to Sir Iames Harrington one of your society
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 Aâ—mes but some Popish Prâ—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 aâ—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 â—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 ougâ—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 abâ—oad destroy that last and all future Parliaments our Lawes Liberties and former setled Government and introduce Popery Anarchy Slavery and Military Tyrâ—â—y in their plâ—câ—s Whereupon they are grown so audacious as not only secretly to infuse their Jesuitical Tenents Practâ—ces Poliâ—icks of most dangerous consequence exprâ—ssed in sundry former Acts of Pâ—rliament purposely enacted to prevent them into the Souldiery aâ—d Peâ—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 assâ—rting both thâ— Popes Supâ—emacy praâ—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 Jesuiâ—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. Sâ—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 Iesuiâ—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 exulâ—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 â—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 coâ—trary to all Laws of God Nature Nations the Common Lâ—w and Great Charter of England and other forecited known Statuteâ— Iudgementâ— Declarations Resolutions Râ—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 Conseqâ—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
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 viâ—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 conâ—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 Parliamâ—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 Oâ—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 aâ—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
me then now they are ashamed of my long injurious imprisonment without any legall ground or cause If any in present or future Power contemning these Christian Instructions and all Laws of God and Man shall think to support themselves in any Arbitrary violent illegall oppressive wayes to the generall oppression of the people by the power of armed Forces Let them remember that of Psalm 33. 16. There is no King saved by the multitude of an Host a mighty man is not delivered by much strength And know that all the Hosts Guards under Heaven can neither save nor secure any unrighteous violent Tyrants or Oppressors from the Justice of that Omnipotent God who hath decreed Psal 140. 11. Evill shall hunt the man of violence to his overthrow that bloody violent and deceitfull men shall not live out half their dayes be brought down by him into the pit of destruction Psal 55. 23. And that all those who take the Sword shall perish by the sword Mat. 26. 42. Which the Histories of all ages places Zach. 9. 1 2 3 4 5. Isay â—4 10. to 20. worthy their saddest perusall with the forecited president of William Lanchamp sufficiently confiâ—me their very Armies Guards themselves becoming many times their Executioners as Seneca de Clementia l. 1. c. 25 26. most elegantly records Yea sometimes the most victorious Generals Armys when they prove treacherous too and mutinous against their Soveraign Lords and Masters contrary to their Oathes Trusts become mutually treacâ—erous and destructive to each other in conclusion Of which I shal give you only one memorable example When Alexander the great his Captaines had after all his Conquests poysoned him murdered his Mother Wives Sonnes and all his Kindred and divided his Kingdomes Dominions and Conquests between them by divine Justice for his unjust ambitious invasions of others Crowns and Territories their own ambition covetousnesse presently armed them against each other till they and their old victorious conquering Army with thousands more were totally slaine and destroyed one by another Amongst the rest Eumenes the greatest Polititian of them all and inferior to none of them in valour to whom Cappadocia and Paphagonia were asigned having gained two victories against his Opposites and routed Antigonus and his Army in a third Battle with part of his forces The Arggraspides Alexanders old invincible Army by whom he obtained all his Conquests growing mutinous and contemning his commands because some of Antigonus forces in that battle had taken their Wives Children Prisoners with all the spoyles and rewards of their long warfare Thereupon they refused to fight any more to regain their Wives children plunder and openly reviled Eumenes as the cause of this great losse of all they had gained in the former warres by engaging them in new wars in their old age with vaine deceitfull promises And presently without their Captains knowledge senâ— secret Messengers to Antigonus petitioning him to restore their Wives Children and plunder to them who promised to restore them if they would deliver up Eumenes to him Whereupon they forthwith seised upon Eumenes as he was endeavouring to escape their hands and bound him in chains to carry him captive to Antigonus Upon which craving leave to speak to the Army which was granted He used these expressions to them shewing them the chaines they had treacherously laid upon him against their Oaths * Cernite Milites habitum atque ornamentum Ducis vestri quae non hostium quisquam imposuit nam hoc etiam solatio foret VOS ME EX VICTORE VICTVM VOS ME EX IMPERATORE CAPTIVVM FECISTIS QVATER INTRA HVNC ANNVMIN mea VERBA JVREJVRANDO OBSTRIATI ESTIS ista mitto Verum oro si propositorum Antigoni in meo capite summa consistit inter vos me velitis mori Nam neque illius interest quemadmodum aut ubi eudam ego fuero ignominia mortis liberatus Hoc si impetro soluo vâ—s Jurejurando quo toties vos Sacramento mihi devovistis Aut si ipsos pudet roganti vim adhibere ferrum huc date permittite quod vos facturos pro Imperatore jurastis Imperatorem pro vobis sine religione juramenti facere When they would neither slay him themselves nor permit him to kill himself upon this his patheticall request turning his intreaties into imprecations against them for their perjuries treacheries to him and their other Generals he said At vos devota capita respiciant Dii perjuriorum vindices talesque vobis exitus dent quales vos ducibus vestris dedistis Nempe vos iidem paulò ante Perdiâ—ae sanguine estis aspersi in Antipatrum eadem moliâ—i Ipsum denique Alexandrum si fas fuisset eum mortali manu cadere Interempturi quod â—aximum erat seditionibus agitastis Vltima nunc ego perfidorum victima â—as vobis diras atque inferias dico ut inopes extorresque omne â—vum in hoc castrensi exilio agatis devorentque vos arma vestra quibusâ—plures vestros quam hostium Duces absumpâ—istis After which commanding his Keepers to go before with him to Antigonus his Tents The whole Army followed their General whom they thus betraied who being himself a Captive led the triumph of himself and his army likewise into the Tents of his conquered Enemy delivering up all the fortunes successes of King Alexander all the palms and Lawrels of so many wars and victories together with themselves into Antigonus his hands together with the Elephants and Eastern Auxiliaries following them that nothing might be wanting to the triumph Antigonus overjoyed with this unexpected successe more glorious to him then all Alexanders victories in that he had thus overcome those by whom Alexander had Conquered the World divided these Conquerours of the World through out his Army restoring what was taken from them according to his promise But in a few dayes after Ibricius by his command put all these mutinous Argyraspides Conquerours and Plunderers of the World to the sword destroying every man of them not so much as one escaping prohibiting Eumenes to come into his presence verecundia prioris amicitiae committed him to custody and soon after caused him to be slain being not long after slain himself in a battle by his former fellow Captains under Alexander who destroyed each other by the sword This was the tragicall end of Alexander himself and of all his victorious old Conquering Plundering Treacherous Officers and whole Army too which our conquering domineering Army Officers Souldiers now with all depending on their support may do very well advisedly to consider upon this information of their late long causelesse Prisoner under their strictest guards who shall close up all with Solomons words which he hopes to finde experimentally verified for this his impartiall Discovery Prov. 28. 23. He that rebuketh a man afterwards shall finde more favour then he that flattereth with the tongue and Prov. 9. 8 9. Rebuke a wise man and he will
attainder * Witnesse M. Lemot aad others near the â—xchange and Sir Edward Hales in White-Fryers * See Daltons Cromptons Justice of Peace Poulton and others 2 and 3. Phil. and Mac 10. 11. H. 7. c. 7. * Deut. 13. 12 13 14 15. Iosh 22. 12. to 34. * Gen. 11. 5 6 7. c. 18 21 22. * As the Duke of Gloucester was at Calis and Hunny the Martyr was in Lollards Tower * See Rastals Abridgement Gaol and Gaolers * A New Discovery of the Prelates Tyranny p. 137. 138. c. 165. to 179. * Joan Ang Wondenhagen Polit. Synopt l. 2. c. 1. sect 10 where the various acceptionsof the word Common-wealth are spâ—cified * Sperots case 7. Report f. 57 58. * A new discovery of the Prelates Tyranny p. 9. 142. * Ibidem p. 15 16. 139. 140. * Ibidâ—m p. 85 86 87 137. 138. 141. 142. * And so declared by the whole House of Commons in their Remonstrance of the State of the Kingdom 15 Dâ—cemb 1641. Exact Coll. p. 6. 8. 11 12 confessed by the King himself in his Declaration of Aug. 12. 1642. Exact Collect. P 518. * Acts 24. 6. * See A New Discovery of the Prelates Tyranny p. 170 to 181. where this point is fully debated †2 Sam. 1. 20. * See Mr. St. Johns Speâ—ch concerning it at the Judges Impeachment And the Kings Answer to the Petition of both Houses Exact Coll. p. 127. 518. 586. 879. 858 882. * Whence the King in his Answer to the Declaration of the Lords and Commons of the 19 of May 1641. Exact Collection p. 252. thus adviseth boâ—h Houses To take heed of inclining under the specious shew of Necessity Danger to the exercise of such an Arbitrary power they before complained of The advice saith he will do no harm and we shall be glad to see it followed * 2. Châ—on 28 6. to â—6 Ezech 18. 7. 12. 13. 16 17 18. Isay 58. 6 7 8. Obad 10 to 17. Mic. 2. 1 2 3. Lu. 19. 8. Acts. 16. 33 34. * An exact Collection p. 6. 11 12. 31. 37 38. 156. 500. A New Discoveoy of the Prelates Tyranny p. 15. 138. 140. in the cases of Dr. Bastwick and Mr. Burton * Exâ—ct Câ—llection p. 6. 11 12. 35. 37 38. and 156 157 * The true custody and safeguard of all publick and private Interests The inheritance of every Subject and the secâ—ty he can have both of his lâ—fe liberty or estate and the which being dis-esteemed or neglected under what specious shews soever a very great measure of infelicity if not of irreparable confusion must without doubt fall upon them as the King himself and both Houses declare Exact Collection p. 28 29. 267. 284. 491 492. 494. 503 694. * The deniall whereof is charged by the Commons as a great illegal Grievance and evill Exact Collection p. 6. * Magna Charta c. 29. a And thinkest thou this O man that judgest them which do such things and dost the same that thou shalt escape the judgement of God Rom. 2. 3. b A new Dâ—svery of the Prelates Tyranny p. 15 16 120 121 128 132 137 140 225. c A new Discovery c. p. 137 138 139. Nota d See Exact Collection p. 558. 559. Witnesse Excise Tonnage and Poundage Monthly Contributions Quarteâ—ing of Souldiers new Oaths and Judicatures without and against Law taâ—ing away mens Armes breaking open mens housâ—s imprisoning and confiniâ—g their Persons e Exact Collection p. 8. f Exact Collection p. 35. g Exact Col. p. 38 39 41. Nota. Nota h Exact Collection p. 77 78 156 157 458 483. i â—xâ—ct Coll. p. 6. k Matth. 25. 41. to 46. l Lev. 25. 14. Ez c. 18. 12 13 Psal 10. 14 18. 1 Cor. 6. 8 9. Col. 3. 25. Mich. 2. 1 2 3 m Rom. 3. 3. n Exact Collection p. 518 838 879 882 885 886. o Little on Chap. Remitter p Exact Collection p. 127. q Exact Collection p. 252. r Rom. 2. 3. 16. to 25. Å¿ Exact Colle ction p. 10 492. t And is not this the present case of most of the Nobility the late sâ—eluded secured Members and all conscientious Presbyterians throughout the Realm whâ— dare not violate their former Oathes Covenants Protestations Declarations Remonstrances publâ—shed to all the world of my self t And is not this the present case of most of the Nobility the late sâ—eluded secured Members and all conscientious Presbyterians throughout the Realm whâ— dare not violate their former Oathes Covenants Protestations Declarations Remonstrances publâ—shed to all the world of my self v Is not this your very practice now witness the Proceedings against the Râ—fusers of the Engagement who are thrust out of all publike Offices â—laces â—f trust deprived of their Callings Augmentations Sequestrations all present and futuâ—e Preferments and Degrees in the Church Universities Innes of Court c. yea deprived of the Law it self their Inheritance and Birth-right like Outlaws the hight of Tyranny and Injustice x For that which is my Case to day may be many or any others tomorrow b Psal 123. 8. Esay 57. 15. 1 Tim. 6. 16. b 1 Tim. 6. 15. Psal 47. 2 7. c Ephes 2. 10. c. 3. 12. d Ps 34. 15. e Psal f Luke 18. 2 3 4 5 6 7 8. g Plutarâ—â—i Apothegmatâ— h A New discoveâ—y of the Prelatâ—s Tyranny p. 142. Resolved upon the Qâ—estion that the Warâ—ant dated 27 of August 13 Caroli made for the Transportation of Mr. Pâ—ynne from Carnarvan Castle to the Isle of Jersey and his Imprisonment there other restraints therein mentioâ—ed are against the Law and Liberty of the Subjâ—ct and that he ought to be discharged of that imprisonment and to have reparations for his damages susteined thereby i Condemned by the Declaration and Judgement of both Houses Exact Collection p. 853 854 855 8 87. k Exact Collâ—ction p. 242 28 29 267 500. l Hab. 17. m Jan. 4. 1648. n See my vâ—ndâ—cation of the Subjâ—cts Lâ—â—eâ—ty against â—llegall Tâ—xes Exact Collâ—ctâ—oâ— p. 882 883 884 885 886. o Exact Colâ—etion p. 380 442 462 485. 469. 478. 550 551 850 to 890. p Exact Collectioâ— â— 575. q And are not they sopractised now in the very self-samâ— or a â—â—rr more dangerous in this and others Particulars r By an expresâ—e warrant of the new rash inconsiderate Militia grounded on yours at White hall a Contrary to 2 and 3 Phil. and Mar. c. 10. â—nd the common â—aw Cook 2 Instituâ—es p. 51 52 53 54. b Acts 12. 3 4 5 6. c Exact Collection â— 8 11 12 13. 312 322 666 364 462 466 470 472 483 550 551 767 to 773 812 813. 845. 846 851 852 854 855 887. A Collection p. 424 425. 877 879. d a Nâ—w Discov ry of the B shops Tyranny p. 139. to 179. e Declaration of thâ— 17 March 1648. Adulatio perperuum mâ—lum Regum Qu. Curtius â— hiâ—l l. 8. f Exact Collection p. 663. 666. A Collection
Warre-ingendring Land-desolating Soul condemning sins of all others which have utterly destroyed subverted extirpated and brought to nought not only many potent Kings Princes Potentates Nobles Grandees of all sorts with their posterities but even whole Kingdomes States Republicks beyond all humane probability as the Histories of all former ages and recent Presidents of your immediate Whitehall Predecessors experimentally confirm whose injurious oppressive proceedings Sentences against him causelesse long imprisonments ofâ—this Remonstrant were one principall occasion of their downfall and of that very Star-chamber Court wherein they censured him And because God hath likewise positively resolved Isa 58. 6 7 8. That this is the chiefest the only fast which he hath chosen and appointed to pacifie his wrath avert his judgements cease all Warres restore establish Wealth Peace Setlement and prosperity the proper effects fruites of Righteousnesse and true Justice to an afflicted Realm or Nation to loose the bonds of wickednesse and such are all injurious illegall Warrants close Imprisonments Restraints and his fore-remonstrated in the highest degreen to undoe the heavy burdens and are not his and the other long continued unwarrantable publick Taxes Excises extraordinary Prison expences and grievouâ— unredressed pressures imposâ—d by you such to let the oppressed go free and is not he such an one in the highest degree as well now as heretoâ—ore in his person freedome calling estate friends and all earthly comforts by your forain close imprisonments so long continued on him after all his ancient oppressions and that ye break every yoak and are not his present restraints from all free private or publick converse with any rankes of men by word or writing by muing him up in forâ—in Prisons under armed Guards Centinels debarring him from all Gods own Ordinances all legall wayes or writs for his enlargement yoaks nay iron yoaks to him Your keeping oâ— him and the whole Nation so many years together when the King and both Houses would and might have setled a most desired blessed Peace without further armes or bloud-shed under the overâ—wing Parliament-subverting Law-oppressing Sword Power Discipline of a disobedient Army subverting those very ends powers persons for whose preservation and defence they were professedly raised waged continuing them still in extraordinary pay both Winter and Summer with little or no diminution of their number to the totall consumption of all the Lands Rents Revenues of Archbishops Bishops Deanes Chapters King Queen Prince of many thousands of Delinquents the undoing of some thousands of well affected persons the generall impoverishing of most men throughout the Nation and threatning a speedy consumption of all yet remaining if longer continued and that rather to enslave then enfranchise us to promote their own Officers and others private Wealth Greatnesse then our reall publick weal liberty safety or our Religion The maintaining of many superfluous Garisons Castles more to imprison secure him and the other causelesse Prisoners in them then defend the Nation by them the usefullest of them even at the entrance of our chiefest Harbours being experimentally found to be meer Scare-crowes to fright cowardly unexperienced Seamen only but unable with all their mounted Canons discharged suddenly if there be occasion only one by one at Rovers and great uncertain distance and that but once or twice at most with round bals by none of the skilfulest Gunners unable to hit unlesse by chance much lesse to stop hurt spoyle strike any single Ship or Vessell passing in or out of the Harbors when as old late and present experience in our latest Sea fights prove that 10 20 30 40 50 100 whole broad sides and greater better tyres of Ordinance then any in our Forts discharged together at one stout ship by skilfullest Gunners at nearest distance with better aime with key or crosse chain shot will hardly split or sink it which no Fort no Castle that we read of ever yet did nor stay take any resisting Vessell without grappling with and boarding her which Forts cannot do much lesse can they hinder the ingresse egresse or regresse of any considerable Squadron of Ships or a whole Navie or impeach the landing of an Army by or under their very noses or in places out of their Guns command as ignorant people dream as the forcible landings of your forces though small in the late reduced Islands of Silly Jersie the Barbadoes under their very Forts and Canons without the losse of any one Ship or Vessell by their Canons and Blockhouses and of the losse of very few Mariners or Land Souldiers with the taking of Cadez and many fortified Towns in the Indies heretofore by Sir Francis Drake and others without the losse of any one ship by Canon-shot manifest beyond all contradiction such Forts serving only in truth to maintain many â—asie Gunners and Montrosses at 8 10 12 l. pay a week or more in many Forts meerly to shoot away vast proportions in a year of Powder and Bullet in meer complement and salutes of men of war and other Ships who waste more Powder Bullet in saluting resaluting Ships and in other idle frolicks upon Visitants and Newes of good successes then their salaries amount to and to maintain many thousands of lasie idle Souldiers whose labour would be far more profitable to the Nation then their service at 5 s. 10 d. pay each week and their Officers at double treble 4 6 or 8. times as much more only to burn Match to take Tobacco stand Centinel to walke or look about them some two or three houres in three or four whole dayes space or more which they call Duty and exercise once in two or three months time for so many houres to shoot away their powder when as poor Labouring men of all sorts must work hard all the week long for lesser gain and wages then these idlebees receive for this their lasie uselesse duty and yet pay heavy weekly Taxes duly under pain of plundering to maintain these Lurdánes to so little purpose Are not these think you yoaks nay heavy unsupportable Iron yoaks far heavier then those wooden ones of a little Shipmony only once a year under which we formerly groaned till we brake them fit now to be broaken on your Fast-day after so long a continuance of them by you on our Nations galled wearied necks There is yet a second part of that Fast which God now cals for from you to deal your bread to the hungry and are there not now many such amongst us by your unrighteous depriving them of their Liberties Callings Imployments Revenues Husbands Servants Children Estates publick Offices and the benefit of our very Lawes to regain their own and detaining their publick debts as you do his To satisfie the afflicted soul and is not his soul such by your remonstrated pressures and thousands of souls more by other grievances To bring the poor that is cast out as he is by you from his House Liberty Calling Family Kindred Friends all