Discover of the Prelates Tyranny, Floating text 8 – Floating text 14

Discover of the Prelates Tyranny · Floating text 8 – Floating text 14

p. 29To the right Honorable the temporall Lords of his Majesties high Court of Star-Chamber The humble petition of William Prynne, prisoner in the Tower.

IN all humblenesse sheweth, That the petitioner everMaster Prynnes second petition to the Lords. since his appearance to the Information exhibited against him, hath beene denyed the liberty of Pen, Jnke or Paper at his Chamber▪ to draw up his answer, or instructions for his counsell: That his servant who should solicit his businesse, coppy and engrosse his answer, hath for a moneths space beene kept close prisoner from him in a Messengers hands, by his chiefe adversaries practise and power, contrary to Law and Justice, of purpose to retard his answer, and disable him in the prosecution of his cause: That his friends have beene restrayned from him, and himselfe ever since the day before the Terme, prohibited all accesse to his counsell (granted to his Codefendants) who without any neglect or default in the petitioner, p. 30for reasons best knowne to themselves, refuse to repaire to him, or to undertake any thing in his cause, which they have all quite deserted. By meanes whereof the Petitioner (though ever desirous to answer, and submit to the Orders of this Honorable Court) neither hath nor possibly could put in his answer under his counsells hands according to the last orders: which disabling him to draw up his owne answer, and requiring meere impossibilities of him beyond his power to effect (his counsells hands and wills being not at his command, much lesse their consciences and judgements,) hee hopeth neither shall nor ought in point of Law or equity, to be so farre obligatory and penall to him, as to make him culpable of all the charges in the Information, without any proofe on his Prosecutors part, or default and contempt on his owne. Since by such away of proceeding (of very dangerous consequence and example scarce parallell'd in any age,) the most innocent person may be betrayed, and condemned as nocent of any crimes whatsoever falsly charged against him, without any neglect or guilt in him, through the unfaythfullnesse, wilfullnesse, feare, corruption or default of counsell, and especially in the case of powerfull and malicious opposites.

He therefore in the midst of these his exigents, and desertions of his counsell, most humbly beseecheth your Lordships, not to require impossibilities at his hands (thus bound) beyond his power to effect, but so to deale with him in this case of extremity, and necessity, as your Lordships would be dealt with your selves, were you (which God forbid) in his present condition, p. 31and as you would have Christ himselfe to proceede with you at the great day of judgement, when you shall all appeare before his Tribunall to give accoumpt of all your proceedings in this and all other causes: Or if this be overmuch, then onelyonly to grant him such common favor, and justice in this honorable Christian Court, as Christ himselfe found before Pilate, and Paul before Faelix, Festus, and Agrippa, meere heathen Iudges; or as every Traitor or Felon (though never so vile or guilty) usually claimes, and enjoyes of common right in other his Majesties Courts of Justice, to wit, free liberty to answer for himselfe, when his counsell either will not, cannot, or at least wise dare not doe it; with the use of Pen, Inke and Paper, untill friday next, to draw up an answer under his own hand, according to the truth and weightinesse of his cause, since he cannot procure his counsells; and not to prejudge him as guilty, before his answer or defence first heard▪ or witnesses produced. A request so just and reasonable (as he humbly conceiveth) that his adversaries themselves whether innocent or guilty, cannot in point of honour, justice and conscience, in regard of their places and professions) but willingly (condescend unto, much more then this honorable Court, especially in this waighty cause (not to be precipitated) which highly concernes his Majesties royall prerogative, the state and safety of Religion, and the weale of the whole Realme, as he hopeth to make good in his answer, and by his crosse Bill exhibited to this honorable Court against some great Prelates, and their confederates, under his owne and codefendants Bastwicks, and p. 32Burtons hands for want of counsell (who refuse to appeare in this case of God and the King, against the Prelates, dreaded much more then both) which bill being for the Petitioners, and his said Codefendants necessary defence, and justification, (who are ready to make it good at their uttermost perill) and tending onelyonly to the maintenance of his Majesties Crowne and dignity, our established Religion, and the subjects liberties, against the said Prelates late dangerous encrochments, Innovations, practises and oppressions, he now humbly prayeth may be admitted, it being (as he humbly apprehendeth) a cause of infinite consequence, and a thing of common right, which ought not to bee denyed to, or against any subject in an ordinary way of Justice.

And your Petitioner (upon the concession of his petition) shall ever pray for your Lordships. &c.

THis petition being reade in open Court the 12. of May; the Court commanded Master Holt, one of Master Prynnes counsel forth with to repaire to him to the Tower to take instructions for his answer; and in the afternoone the Lieutenant of the Tower, was sent for by the Prelates instigation, and checked by the Lords for suffering Master Prynne to dictate such a petition, and one Gardiner, (a Clerke belonging to the Tower, who writ it from his mouth by the Lieutenants license) was for this capitall offence by a warrant from the Arch-Bishop, and others, the same evening apprehended by a Pursevant, and kept prisoner by him some 14 dayes, and not released, till he had put in bond to appeare before the Lords when p. 33ever he should be called; after which he was hunted after by the Archbishops pursevants out of the high Commission: Who upon the reading of this petition, and Doctor Bastwicks, made a motion in Court of purpose to prejudge the cause before it came to hearing, tending highly to affront his Majesties prerogative, and thereupon procured this forejudging order, wherein his insolent motion is recited.

In Camera Stellata coram Concilio ibidem, duodecimo die Maii, Anno decimo tertio Caroli Regis.

THis day severall petitions being read in open Court, presented on the behalfe of Iohn Bastwicke Doctor in Physicke, and William Prynne Gent. defendants at the suite of his Majesties Attorney Generall; The most reverend Father in God the Lord Archbishop of Canterbury his **It should here be his injustice rather.Grace Informed the Court that in some of the Libellous Books, and Pamphlets lately published his Grace and others the reverend Bishops of the Realme are said to have **The Parliament hath now resolved this for a truth, however, the Court of Star-Ch…mber or Judges determined contrary in favour of the prelate….usurped upon his Majesties prerogative Royall, and to have proceeded in the High Commission, and other Ecclesiasticall Courts contrary to the Lawes, and Statutes of the Realme; about which he prayed the Iudges might be attended, and they prayed and required by this Court to certifie their opinions therein upon p. 34consideration whereof, the Court hath ordered, that the two Lords cheife Iustices now present in Court, the Lord cheife Baron, and the rest of the Iudges, and Barons shall be attended by his Majesties learned **Why not by the defendants too, to heare what they could say.Councell, touching the Particulars hereafter ensuing, viz.

Whether proces may not issue out of the Ecclesiasticall1. Court in the names of the Bishops?

Whether a patent under the great Seale be necessary2. for the keeping of Ecclesiasticall Courts, and inabling of citations, suspensions, and excommunications, and other censures of the Church? and whether the Citations, ought to be in the Kings name, and under his Seale of armes, and the like, for Institutions, and Inductions to benefices, and corrections of Ecclesiasticall offences?

Whether Bishops, Arch-deacons, and other Ecclesiasticall3. persons may or ought to keepe any Visitation at any time, unlesse they have expresse Commission, or Patent under the great Seale of England to doe it, and that as his Majesties visitors onelyonly, and in his name and right alone?

Jo. Arthur, Dep.

THese three questions highly concerning his Majesties prerogative, debated, and determined by the defendants against the prelates for the King, were the maine scandals and libels complained of in this new Information, and the bookes thereto annexed; to prejudge which before the hearing, without the defendants privity (never summoned to be heard what they could say p. 35in these particulars, agaīnst the prelates encrochments, in defence of the Kings right and of themselves) was nothing else but the extremity of injustice, and a forestalling of the cause by a previous judgement of the Judges (then at Canterburies becke) before it was heard.

Upon this Order, all the Judges before the hearing returned this Certificate for the prelates, whom then to disobay or contradict in any thing had beene fatall, if not capitall; whereupon this following order was made, which will abundantly evidence the Archbishops insolency, treachery and injustice in the carriage of this cause, and the unpatternd compliency both of the Judges, and Court of Star-Chamber to his ambitious, unreasonable, and unjust desires.

In Camera Stellata coram Concilio ibidem quarto die Junii, Anno decimo tertio Caroli Regis.

THis day was read in Court, the Certificate of the two Lord chiefe Justices, the Lord chiefe Baron, and other the Iustices of the Court of Kings Bench, and Common Pleas, and Barons of the Exchequer, made according to an Order of reference to them granted the 12 of May, last past, upon a motion made in the Court, wherein his Majesties Attorney Generall, is plaintife against John Bastwick, Doctor in Physick, and others defendants; In which respect the said Iudges have decla…ed p. 36their opinions in point of Law, touching the severall matters to them referred by the aforesaid Order, and the same being so read in Court, his **It is a strange age when his Majesties own sworne counsell, must thus be of counsell with the prelates against the King contrary t… their o…h, …nd promote their …ncroachments upon his prer…g…tive Roy …ll.Majesties Attorney Generall humbly prayed that the said Certificate may be **A strange president and motion, I think no age can sh…w the like.recorded in this Court, and in all other the Courts at Westminster, and in the high Commission, and other Ecclesiasticall Courts for the satisfaction of all men, that the proceeding in the High Commission, and other Ecclesiasticall Courts are agreea…le to the Law and Statutes of the Realme; which the Court held reasonable, and hath ordered it shall so be; and that after the same is enrolled in this Court, and other the Courts aforesaid, the originall Certificate of the said Iudges shall be delivered to the most reverend Father in God **It is fit it should end as well as begin with him.the Lord Archbishop of Canterbury his grace to be kept, and preserved amongst the records of his Court,

Which Certificate followeth in these words.

May it please your Lordships,

ACcording to your Lordships Order, made in his Majesties Court of Star-Chamber the twelfth of May last, we have taken consideration of the particulars wherein our Opinions are required by the said Order, and we have all agreed:

That Proces may issue out of the Ecclesiasticall Court in the name of the Bishops, And that a Patent under the great Seale, is not necessary for the keeping of the said Ecclesiasticall Court, or the inabling of Citations, Suspensions, Excommunications or other p. 37censures of the Church. And that it is not necessary, that Summons, Citations, or other processes Ecclesiasticall in the said Court, or Institutions or Inductions to benefices, or Corrections of Ecclesiasticall offences in those Courts, be in the **It seemes then they are no one of the Kings Courts, because they have neither his name nor Image.Kings name, or with the Stile of the King, or under the Kings Seale, or that their seales of Office, have in them the Kings Armes, And that the Statute of primo Edwardi sexti. Ch. 2. which enacted contrary, is not now in force.

Wee are also of opinion that the Bishops, Arch-Deacons, and other Ecclesiasticall persons may keepe their Visitations, as usually they have done, without Commission under the great Seale of England so to doe.

Primo die Julii 1637.

Jo. Bramston,

Jo Finch,

Hum. Davenport,

W^m. Jones,

Jo. Denham,

Richard Hutton,

George Crooke,

Thomas Trever,

George Vernon,

Robert Barkley,

Richard Weston.

Jo. Arthur Dep.

DOctor Heylin in his Briefe and moderat… Aswer t… Master Burton (the matter whereof contradicts the Title) written by the Archbishop of Canterburies speciall command p. 102. avers, that it was positively delivered by my Lords the Judges, with an unanimous consent, and so declared by my Lords chiefe Justices in … last past (before p. 38this Certificate) that the Act of Repeal the first of Queene Mary, doth still stand in force, as unto the Statute of first Edward 6 …. 2. by you so much pressed, and that the Bishops might lawfully issue out proces in their names, and under their owne seales. Which if true, it is apparant that the Archbishop (from whom the Doctor had his information) had received all the Judges resolutions in this point, not onelyonly before the hearing of the cause, but even before his motion in Court, that the Judges might be attended to know their resolution in these points. Is not this prety under-hand juggling, and square prelaticall proceeding, deserving extraordinary Laud? But to returne to the defendants, where I last left them.

Master Prynne, upon Master Holts resort to him by the Lords command, upon his last petition, to his Chamber at the Tower where he was shut up close prisoner, gave him both a fee and instructions to draw up his answer by, with all possible speed: hereupon Master Helt drawes an answer according to his owne minde different from his instructions which he sent to Master Prynne to peruse; who disl…king the generality of it, desired him to conferre with his other counsell, and to amend it in some particulars; whereupon Master Tomlins another of his counsell, and Master Holt after two meetings agreeing upon his answer, Master Holt gave order to his Clerks to ingrosse it, and promised to signe it the next morning, that it might be put into the Court. Master Prynne informed hereof payed Master Holts Clerks for ingrossing it, and the next morning by his keeper sent another fee to Mr. Holt to signe it according to promise; who then refusing both the fee and the signing of the answer, and being taxed for it by Master Tomlins (who had signed the paper Coppy) and demanded the reason by Master Prynnes keeper, why hee refused to signe it contrary to promise; answered, that he had received p. 39expresse order not to signe it, and afterwards being taxed for it by master Prynne himselfe, who demanded the reason of this deniall; he told him, that hee durst not subscribe it for an 100 pounds though he had drawne it, for feare of being put from the Barre, he having received a command to the contrary. In the meane time Master Tomlins who was willing to signe it, departed into the Countrey upon his necessary occasions, so that his hand could not be gotten; Master Prynne thus deluded, acquaints the Lieutenant of the Tower with this false dealing, requesting him to informe the Lord Keeper of it; and to desire his Lordship in his behalfe, either to enjoyne Master Holt to signe his answer according to promise as hee had done in Master Burtons case; or to accept of it without an hand; or of it, or another answer signed with his owne hand, since he had done his utmost, and had no meanes to compell his counsell to subscribe his answer against their wills; The Lord Keeper upon this Information, answered, that hee had no power to force counsell to signe an answer, and that it was not his use to doe it, or to receive any answer without counsells hands.

Upon the returne of which answer, Master Prynne replied; that if the Lord Keeper being cheife Iudge of the Court, the greatest officer in the Realme under the King, and a freeman, had no power to enforce his counsell to signe his answer according to duty, equity and promise; then certainly he, being a poore close prisoner had farre lesse power to doe it; and ought not to suffer for his default, which he could not remedy. Hereupon insteed of accepting his answer, this order was made against him, and Doctor Bastwick to take them both pro confesso for their contempt in not answering, and to appoint a day for hearing the Cause.

p. 40In Camera Stellata coram Concilio ibidem, 19^o. die Maii, An. Decimo tertio Car. Reg.

VPonUpon information this day to this honorable Court, by Sir Iohn Bankes Knight, his Majesties attorney generall, that he hath exhibited an information into this Court against Iohn Bastwick Doctor of Physicke, William Prynne Gentleman, and others defendants, for framing, Printing and publishing severall libellous and seditious Books; and that upon the said defendants Bastwick and Prynnes **Note.contemptuous refusall to answer the said Information, severall Orders have beene made to take them Pro confesso: It was humbly prayd, and accordingly thought fit and ordered by this Court, that the said cause as against them shall be heard, the first cause the first sitting of the next Terme, when the Information shall be read, and the matters thereof be taken against them, Pro confesso.

VVhere you see, that the sole charge against them, and the ground of their censures was a supposed contemptuous refusall to answer, when as the Offence, and contempt was on the contrary side, in refusing to accept of their answers tendred, and ordering Counsell not to signe their answers.

p. 41In the meane time, Master Burtons answer signed by Master Holt, after it had laine in Court neere three weeks, upon Master Atturnies suggestion to the Court, the 19 of May, that it was scandalous, was * referred to the consideration of the two chiefe Justices, Bramston and Finch: who calling Master Holt privately unto a Chamber, before them, Judge Finch ratled and reviled him exceedingly for putting in such an answer, which he said, was the most pernicious that ever came into the Court; telling him, that hee deserved to have his Gowne pull'd over his eares for drawing it. To whom he replied, that he had beene an ancient practiser in the Star-Chamber, and had drawne it according to his best understanding and wit; that all of it was onelyonly a confession, or explanation of the charge in the Bill, and a recitall of Acts of Parliament; and how this could be scandalous or impertinent, it went beyond his capacity to conceive. And so without more words, these Judges resolved the answer scandalous, and ordered all the substance of it tending to Master Burtons justification and defence, to be expounded; as will appeare by this their certificate.

The certificate of S^r. Iohn Bramston Knight, chiefe Justice of his Majesties Court of Kings Bench; and Sir Iohn Finch Lord chiefe Justice of his Majestes Court of common-Plees, in the cause wherein his Majesties Attorney generall is plaintiffe, and Henry Burton Clerke, and others, defendants.

ACcording to the direction of an Order of this Honorable court, Dated the Ninteenth day of p. 42this instant May, we have considered of the Impertinent, and scandalous matter in the said Defendants, Henry Burtons answer, And are of opinion, that **Master Holt the ancientest practisar in the Court then living, Master Bartons assigned counsell was very much over-seene, if all his answer but this (consisting of 40. sheets of paper at least) was scandalous and impertinent.all the said answer is Scandalous or impertinent, and fit to be expounded, except these words in the beginning thereof, viz. The said defendant by protestation, not confessing, or acknowledging, any matter or thing alleaged against him, in, or by the said Information to be true, and saving ever to himselfe all advantage of Exception to all, & every the uncertainties and imperfections therof: And these words in the end of the said answer, viz. This defendant to all and every such supposed unlawfull Combination, Confederacies Disloyalties, Seditious, scandalous and factious Libells, or other unlawfull offences examinable, or censurable in this Honorable Court, wherewith he is charged in, or by the said Information, answereth and sayth, That he is not guilty thereof, or of any part thereof in any such manner and forme as is supposed thereby; All and every which matters of answer this defendant doth averre, and is ready to prove, as this Honorable Court shall award. And humbly prayeth, that all and every such errors as shall be adjudged by this Honorable Court, to have beene by any ignorance of his in the common-Lawes, or Statutes of this Realme, or by any frailty, or infirmity of his, contrary to the loyalty of his Heart, and integrity and sincerity of his intention, and profession, may by his p. 43Majesties gracious Interpretation thereof, and by this Honorable Courts favorable advice, or mediation to his Majestie therein be remitted, and pardoned, and himselfe dismissed by the same Court. All which neverthelesse we humbly submit to the grave judgement of this Honorable Court.

22 May 13. Car. Regis. Jo. Arthur Dep.

VPonUpon this strange Certificate of the Judges Master Burtons answer was miserably mangled, the whole body and substance of it being quite rased, and nought but the head and feet left upon record; whereby he was made to deny that to be done by him, which he confessed and justified upon oath in his answer, as it stood before this rasure of it.

VVhereupon the examiner comming to Master Burton to the Fleet, where he was close prisoner, to examine him upon Interrogatories grounded on his answer, he hearing of this expungement, refused to be examined, unlesse his answer might be admitted as it was put in; or he permitted to put in a new answer; he disclaiming this answer to be his, since altered in all the materiall points tending to his justification and defence, and turned from a speciall, to a generall not-guilty, necessarily involving him in the danger of periury: Of which the Court being informed by M^r. Attorney, made this ensuing Order, to take the Bill pro confesso against him, only for not answering Interrogatories; a thing never heard of before in that Court, when there was an answer admitted.

p. 44In Camera Stellata coram Concilio Ibidem, secundo die Iulii. Anno decimo tertio Caroli Regis.

UPon information this day, to this Honorable Court, by his Majesties Attorney Generall, that Henry Burton Clarke defendant at his suite, being served with Proces, stood forth Proces of contempt, and would not be drawne to answer, untill severall orders were made, that the matters of the Information should be taken against them as Pro confesso, Unlesse hee did answer the said information by the times limitted by the said Order, and at length he did put in an answer stuffed with impertinent, scandalous matters, which upon a reference to the two Lords chiefe Justices is since expunged, and Interrogatories are exhibited into Court for examination of the said defendant, and the examiner, as appeares by his certificate now read, hath beene with him to take his examination, but he refused to be examined, so that an attachment is awarded against him, and delivered to the Warden of the Fleete, in whose custody he remaines, A close pris…er; It was humbly prayed that the matter of the said Information, & Interrogatories may be taken against him Pro confesso. Upon consideration p. 45whereof the Court hath ordered, that the examiner doe goe againe unto him, and if hee shall not thereupon by this day senight answer the said Interrogatories, they shall be taken against him, Pro confesso, as is desired.

Jo. Arthur. Dep.

AFter this Order, the examiner repaired againe to Master Burton, who upon his former grounds, (because hee had no answer in Court of his owne or his counsels, but onelyonly of the Judges making, which he disclaimed for his, and because his answer to the Interrogatories would contradict the generall answer of Not-guilty, which the Judges had now made out of his speciall Not-guilty;) refused to be examined; and so though his answer were in Court as the Judges altered it, yet for not answering to Interrogatories framed on it as it stood before its expungement, the Information was taken against him Pro confesso, and this order made at a prirate seale out of Terme, to bring the cause to hearing upon one dayes warning onelyonly given to the Defendants, when as by the course of the Court, a Subpaena ad audiendum judicium should have beene served on them, and 15 dayes warning at least given them before the day of hearing.

Apud Aedes Domini Custodis magni Sigilli Angliae, de cimo tertio die Junii, Anno decimo tertio Caroli Regis.

IT is this day ordered by the right Honorable the Lord Keeper, that John Bastwick. Doctor in Physick, Henry Burton, &c. William Prynne p. 46Gentlemen defendants at the suite of his Majesties Atturney Generall, shall have liberty with their keepers to attend their councell, and to appeare at the Barre of this Court on wednesday the 14. of this instant monethmonth, when the cause is appointed to be heard.

Jo. Arthur Dep.

THese prisoners having this liberty granted them just the day before the hearing, Master Prynne thereupon repaired with his answer (formerly drawne up and engrossed by Master Holt) to Master Tomlins another of his counsell, newly returned out of the Country the evening before; and having got him to signe this engrossed answer, he goeth therewith to Master Holt, desiring him likewise to subscribe it according to promise; who refused to doe it now as hee had done before, protesting, that he durst not for an 100 peeces signe it, because he had received an expresse command to the contrary. Whereupon Master Prynne caries it signed with Master Tomlins hand to the Star-Chamber Office, where hee tendred it to Master Goad, together with another longer answer signed with his owne hand, and an Affidavit, that hee could not possibly procure his counsells hand to his answer before that time; But Master Goad advising with his deputy▪ refused to receave either the answers or Affidavit, though earnestly pressed to it by Master Prynne: who thereupon returned with his answers to the Tower; and prepared himselfe for the hearing the next morning, resolving, that since he was thus fore judged, and taken pro confesso, upon a meere false pretence of a contempt in refusing to answer, to speake nothing, but what p. 47the Court should give him occasion when he appeared at the Barre; Doctor Bastwick, and Master Burton taking up the like resolution; because they were certainly informed, that whatever they spake, their sentence was already determined, and set downe in writing before the hearing came, all being thus taken pro confesso as you have heard and seene by the former orders.

Thus I have given you a faithfull relation of the proceedings in this cause before the hearing, out of the Orders and Records of the Star-Chamber, the legality whereof you shall finde discussed in the close of this Treatise; Now before I come to the day of hearing, give me leave to acquaint you onelyonly with one particular touching Master Holt, hee being sharply checked and terrified for drawing and signing Master Burtons answer, and charged not to signe Master Prinnes answer when hee had drawne it, as you have heard before, was much troubled at it; and being in Court at the hearing the next day, he offered two or three times to speake something in defence of Master Burtons cause; which the then Lord Keeper perceiving, beckoned and held up his finger to him to hold his peace, whereupon hee kept silence. And comming home to his house, as soone as the sentence was passed, his wife inquiring of him how the cause went; he broke out into these speeches. O wife, I never saw a just cause, so unjustly caried, which I could have defended by Scripture against all the World. I had a great desire to speake in the cause for my client, but my Lord Keeper beckened and held up his finger to me▪ to hold my peace: And the poore Gentlemen have received the most unjust, and hardest censure, that ever I heard in that Court. For my owne part, I gave over my practise in other Courts, and be tooke my selfe wholy to this Court to enjoy the liberty of my conscience, thinking to finde nothing but Iustice, and p. 48just proceedings there: But now alas J finde things so carried there, that for this dayes worke sake, I desire never to come more to that Barre, J desire of God, that this may be the last cause that ever I may plead in that Court, which hath partly miscarried through my default (as I am affraid most will judge) though I durst not doe otherwise, beeing so checked and threatned. This sayd, he continued sad, and soone after falling sicke for conceit only of the miscarriage of this cause (as his wife & friends beleeved) hee died; never going to the Star-Chamber after this sentence: the proceedings and passages whereof, I shall next relate.

End of the text · William Prynne, Discover of the Prelates Tyranny (1641)