The Humble Petitions Presented to Parliament, Petition 1
THE HVMBLE PETITIONS OF Mr. Burton, & Dr. Bastwicke.
PRESENTED TO THE HONOVRABLE The KNIGHTS, CITIZENS, and Burgesses, of the Commons house of PARLIAMENT.
Printed in the yeare. 1641.
TO THE HONOVRABLE The Knights, Citizens, and Burgesses, of the Commons house of Parliament.
The humble Petition of Henry Burton, late exile, and close Prisoner in Castle Cornet, in the Ile of Garnesey. In all humblenesse sheweth,
THat whereas your Petitioner, on the 5 of Novemb. 1636, did preach two Sermons in his own Parish Church, in St. Matthew Friday-street, London, for the which hee was in December then next following, summoned to appeare before D. Ducke, one of the Commissioners for causes Ecclesiasticall, at Cheswicke, in the County of Middlesex: where (with the Register of the High Commission Court) the said D. Ducke tendred to the Petitioner, the Oath Ex Officio, to answer to certaine Articles there presented: which Oath the Petitioner refusing to take, did then and there appeale from the said Court, unto the Kings Majesty: which appeale the said D. Ducke did admit, and the said Register by D. Ducks direction, did then, and there enter in writing.
Notwithstanding which said appeale, a speciall High Commission Court was shortly after called at London, consisting of foure or five Doctors, where the said Commissioners proceeded illegally, to suspend the Petitioner in his absence, by meanes whereof, as of the threatnings of the said Commissioners, hee was enforced to keepe his house, untill a Sergeant at Armes, with divers Pursevants and other armed Officers, assiisted by Alderman Abel, then Sheriffe of London beset the Petitioners House, at 11 of the Clock at night, and violently broke open his dores with Iron crowes, and the like, and surprised him in his house, he making no resistance at all: where having first searched his study, and taking away such Bookes as they pleased, they carried your Petitioner to prison, whence, the next day being the second of Feb. by a pretended Order from the Lords of the Counsell, he was conveyed to the Fleet, and there kept close prisoner.
During which imprisonment, an information was exhibited against the Petitioner, and others in his Majesties Court of Star-Chamber, whereby he was charged (inter alia) with publishing of a certaine Booke, containing an Apology for an Appeale, with his said two Sermons, Intituled, For God and the King, wherein hee taught Subjects to yeeld all manner of due obedience to their lawfull King, and reproved all lawlesse Innovations in Religion, &c. Which Information, the Petitioner upon his Oath under the hand of M. Holt, being then of his counsell, assigned by speciall order from the said Court, did put in his answer, wherein hee alledged such things onelyonly, as his said Counsell conceived to be materiall, and pertinent for his just defence in publishing the said booke, but denyed all other matters in the said Information conteined, which said Answer, being admitted and received in Court, the petitioner (being then a close prisoner) not onelyonly attended the exhibiting of Interrogatories, according to the custome of that Court, but withall, after some universall delay, did write unto the Kings Attourney to hasten them: but before the examiner came, the petitioner heard that his said Answer was referred to S. Ioh Bramston, Knight, Lord chiefe Justice of the Kings Bench: Sir Iohn Finch, then chiefe Justice of the Common-pleas, and was by them wholy expunged as impertinent and Scandalous (save onelyonly the not-guilty) And the petitioner understanding the answer he was to make to the Interrogatories was to be reckned as a part of his answer, admitted in court, but afterward expunged as impertinent & scandalous (as aforesaid): so as if he should then have answer'd the Interogatories, he shold thereby have assented to the said act of the said Iudges, and so to the condemnation of his cause before the hearing, wherby he should have contracted his former Oath, that his said Answer was a true Answer, and so should justly have brought himselfe under the guilt of wilful perjury, and his cause under just censure. For that very reason he held himselfe not bound, (as hee conceived) to answer the Interrogatories, for that his said answere was so expunged, and the (Not-Guilty) as the foot so tied to the head without the maine body, (and that in the Judges owne words) as the Petitioner could not in any sort take or acknowledge it now for other then the Judges owne answere, as may appeare upon Record in the same Court.
Neverthelesse, the Court taking the same information Pro-confesso, and refusing to admit a copie of the Petitioners own true answer, as also of his reasons of not answering the Interrogatories, both which at his Censure, he tendred to the Court, desiring they might bee then and there publikely read the 14. of June, 13. Caroli Regis, proceeded to censure, wherby your Petitioner was censured in a Fine of 5000. li. to his Majesty, To be deprived of his ecclesiastical benefice, degraded from his Ministeriall function and degrees in the Vniversity, and ordered to be set on the Pillory, where both his ears were to be cut off, confined to perpetual close imprisonment in Lancaster Castle, debarred the accesse of his wife or any other, to come to him, but onelyonly his Keeper, and denied the use of penne, inke, and paper. All which (except the Fine) was executed accordingly. And after his close imprisonment for twelve weekes in the common Gaole in the said Castle, hee was (by what extrajudicial order he knows not) transported by the conduct of one Brian Burton appointed by the High Sheriffe of Lancaster, (who used your Petitioner very basely and deceitfully, (in that his transportation) which was in the Winter season through dangerous seas; to the apparant hazzard both of his health and life) to the said Castle of Garnsey, where hee hath remained a close prisoner and exile almost three whole yeares, his wife utterly prohibited upon paine of imprisonement to set her foote upon any part of the Iland, where shee might but enquire how her husband did, contrary to the Lawes of God, and the liberties of this Kingdome.
May it therefore please this Honourable House, to take the Petitioners sad cause into consideration, and for the better manifestation of his grievance in this cause, to assign him for Counsel Master Serjeant Atkins, Master Tomlins, and Master Gurdon, to assist him in his cause, and to command that hee may take out such copies Gratis out of the said severall Courts, as doe or may concerne his said cause.
And your Petitioner as in duty bound, shall daily pray for your prosperities. HENRY BURTON.