Discover of the Prelates Tyranny, Floating text 2 – Floating text 5
VPonUpon speciall consideration, These are to will and require you in his Majesties name, by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seale of England, to us and others directed, that forthwith upon the receite hereof, you (taking a Constable and such other assistance with you which you shall thinke meete) enter into the house of Thomas Edwards dwelling in Holborne, and therein and in every severall roome or place thereof, or in any other house or place, as well in places exempt, as not exempt, and that thereupon you doe make diligent search for all Pamphlets, books and writings, either in hampers or otherwise, belonging to Master Prynne, and all such so found to seize and apprehend, and attach, or cause to be seized, apprehended and attached, and that thereupon you detaine them under safe custody, and bring a true Inventory of them forthwith before us or others our colleagues. His Majesties Commissioners in that behalfe appointed, that thereupon they may be disposed of according to the *What Law is there for you to false, and dispose of the Books of mens studies, against whom nosuites are péding before you? Or with what face can you pretend Law, when you doe directly against law?Law, and as shall be thought meete, and agreeable to Iustice▪ willing and requiring in his Majesties name, by authority aforsaid, al Iustices of peace, Majors, Sherifes, Constables, Bayliffes, and all other his Majesties officers, and loving subjects to be ayding and assisting unto you, in and about the execution hereof, as they tender his Majesties service, and will answer the contrary at their perill.
Given at London, this thirteenth day of May, 1634.
Will. Canter.
Na. Brent.
Jo. Lambe.
Utro. Gwynne.
Arth. Ducke.
Ro. Aylett.
Tho. Mottershed deputatus Geo. Paule mi. Regstrar, Regij.
To Humphry Crosse one of the sworne messengers of his Majesties Chamber, and also to William …la…sted his deputy, and to either of them.
BY vertue of this warrant one cartlode of Master Prynnes bookes were there seised, and carried away by Crosse; of which Master Prynne complaining, the Archbishop in the open Court in Star-Chamber denyed the granting of this warrant, though yet extant under his hand, and promised present restitution of the bookes; and yet gave under hand order for detaining them till they were extended, and sold for Master Prynnes fine in Star-Chamber; such saith and truth is there in Prelates words and actions. Master Prynne remained sundry yeares a prisoner in the Tower by force of the former censure: during his imprisonment …, the prelates brought Doctor Bastwicke into their High Commission Inquisition, for his Elenchus papismi, and Flagellum Episcoporum Latialium: and there▪ without any just ground or cause at all, passed a heavy and unjust censure upon him; by vertue whereof hee remained close prisoner two yeares in the Gate-house, the limbus pat…m of our ghostly fathers; where he writ a latine booke sti…ed, Apologeticus ad praesules: Anglicanos, dedicated to the Lords of Councell, declaring the injustice of the proceedings and censure against him in the High Commission, which was printed, and a letany in English. Not long after Master Burton upon the fifth of November, 1636. preached two Sermons in his owne parish-Church in Friday-streete in London upon Prov. 24. 21. 22. My sonne feare thou the Lord, and the King, and meddle not with those that are given to change, &c. wherein hee laid open the Innovations in doctrine, worship and ceremonies, which had lately crept into our Church, and wished the people to beware of them, The Archbishop hearing of it, causeth Articles to be drawne up against him in the High Commission, and summoned him to answer them, out of tearme, before Doctor Ducke, at Cheswick; where he appearing, instead of answering, appealed to the King, which appeale was formally entred by the Register: yet notwithstanding, within 15. dayes after, they summoned him to appeare before a private Commission at Doctors Commons, by direction from the Arch-bishop, and there suspended him, both from his office and benefice, and granted out attachments to apprehend him: he hereupon keepes his house, prints his Sermons, with an Apologie, to justifie his appeale; which hee dedicated to the King, with Epistles to the Lords of the Counsell, to whom his wife presenting some of those printed Sermons, by his direction, was committed by the Lords for her paines. The High Commission pursevants not daring to breake open Master Burtons doores to apprehend him, the Archbishop, and Bishop of London made a warrant to one Dendy a serjeant at armes, to apprehend him, of which this is a true Coppy.
THese shall be to will and require you to make your immediate repaire to any place where you shall understand of the present being of Henry Burton Clarks, and having found him, to take him into your custody, and to bring him forthwith and in your company (all delayes and excuses set a part) before us, to answer to such matters as shall be objected against him. And you are further by vertue hereof to require and charge all Majors, Sheriffes, Iustices of peace, Bayliffs, Constables, Headborughs, and all other his Majesties Officers and loving Subjects, to be ayding and assisting unto you, in the full and due execution of this service, whereof neither they nor you may fayle at your perill…. And this shall be unto you and them a sufficient warrant,
Dated at Star-Chamber the first of Feb. 1636.
*The … and first … in all the warrants.W. Cant.
Guil. London.
Henry. Vaine.
Tho. Coventrey.
Arundell and Surrey▪
I. Coke.
To Edward Dendy Esquire, one of his Majesties Serjeants at Armes.
BY force of this illegall warrant (expressing no cause of Master Burtons apprehension as by law it ought) serjeant Dendy came to Master Burtons house in Friday-streete, the same evening betweene ten and eleven of the Clocke at night, accompanied with Alderman Abel▪ then Sh…iffe of London, and diverse armed Officers and Pursevants, and be…ting his house, *Which Act the Parliament hath resolved to bee against Law, and that Serjeants at Armes … breake open mens hous….violently broke open his doores with Iron Crowes, and attached him in his house, he making no resistance: and the High Commission Pursevants entring in along with him, by warrant from the High Commission under Canterburies hand and others searched his study, and tooke away such bookes, and papers with them as they pleased, and Master Burton that night was lodged where the preachers at Pauls-Crosse were entertained, and there kept prisoner till the next day, when insteed of being brought before the Lords as this warrant required, hee was by another warrant, without any cause expressed, committed close prisoner to the …, the Coppy whereof (to which Canterbury's …) here followeth.
THese … will and require you to receive into you… …tody the person of Henry Burton Clerke, sent herewith unto you, and to keepe him *Canterbury himselfe a…d Str…fford, though accused and committed by the Parliament for high Treason, had far more liberty, and were not close imprisoned, as they committed others.close prisoner in the Fleet, not suffering any one to speake with him untill further Order, whereof you may not faile at your perils, and this shall be your warrant.
Dated at White-Hall the second of February. 1636.
W. Cant.
Guil. London.
Arundell and Surry.
Pemb…ooke and Mountgomery.
T. Jermyn.
Io …oke
Fra▪ Windebanke▪
To the Warden of t… Fleet or his deputy.
MAster Burto… …ereupon was shut up sundry weekes close prisoner in the Fleet, so as neither his wife nor friends could have free accesse unto him. In the interim, betweene his Sermon preached and his imprisonment, two bookes, the one intituled, A Divine Tragedy, containing a Catalogue of Gods late Iudgements upon Sabbath-breakers, the other Newes from Ipswich, discovering some late Innovations in Religion brought in by the Prelates, and some extravagancies of Bishop Wren in his late Visitation, were published in print, without any Authors name annexed to them, wherewith the Prelates were much vexed and perplexed. And consulting with themselves which way to vent the extremity of their malice upon Doctor Bastwick, Master Burton, and Master Prynne, they at last resolved to exhibite an information against them into the Star-Chamber in Sir Iohn Banks his Majesties Atturnies name, with these two last named bookes, Doctor Bastwicks Apology and Letany, and Master Burtons Apology of his appeale, and two Sermons, thereto annexed, which was done accordingly. This information was exhibited into that Court the eleventh day of March 12. Caroli, in the Vacation time, against these three Gentlemen, and others, who were ordered to appeare and put in their answers to it immediately. They, served with Sub-poenas returnable immediatè, contrary to the usuall proceedings of the Court, refused to appeare (being all three prisoners, and two of them close prisoners, before,) unlesse they might have liberty of accesse to counsell, to advise and assist them in their answers, it being the Prelates ayme to deprive them of this liberty; Of which the Lords being informed, made this ensuing order; wherein, though they granted them accesse to Councell, yet they denyed them the liberty of conferring together at Counsell, though joynt defendants (who might have joyntly answered) contrary to the rules of Law, and all former presidents. One Coppy of which order (sent indifferently to their three distinct prisons) I shall here annex.
At White-Hall the 15. of March. 1636.
Present.
Lo. Archbishop of Cant.
Lo. Keeper.
Lo Treasur.
Lo. Privy-Seale.
Lo. High Chamberlaine.
Ea. Marshall.
Lo. Chamberlaine.
Ea. of Northumberland.
Ea. of Dorset.
Ea. of Salisbury.
Ea. of Holland.
Lo. Cottington.
Lo. Nuburgh.
Mr. Tresur.
Mr. Comptroller.
Mr. V. Chamberlaine.
Mr. Sec. Cooke.
M. Sec. Windebanke.
VVHereas information was this day given to the Boord by Master Atturney Generall, that he had prefe…red a Bill of Complaint in the Star-Chamber against Henry Burton Clerke, and others, and that the sayd Master Burton doth refuse to make answer to the said complaint, unlesse he may have liberty to goe abroad to prepare and advise with his Counsell, though his Counsell had leave to have accesse and to confer with him in the Prison: Yet to take away all allegations or pretence for excuse herein, their Lordships have thought fit, and ordered, that the said* God forbid he should have so much favour, being in disfavour with the Prelates. Master Burton shall have liberty to goe abroad with his Keeper, to speake and confer with his councell when he desireth the same, and that his sayd Keeper is to have speciall care that the sayd (Master Burton doe not make use of the liberty to) confer with other persons, and that he be permitted to goe to no other place, but to his sayd Councell. And that the sayd Master Burton shall immediately appeare to the sayd Bill, and make answer within ten dayes after. And thereupon the Boord will give such further Order as shall be fit.
Ex. Will: Becher.
THe Prisoners upon this order having liberty to goe abroad with their Keepers, first repaired to the Lord Keeper, and petitioned for counsell to be assigned them: which granted, they repaired to their counsell at Lincolnes and Grayes Inne, where meeting together, and conferring a short speech (in the presence of their keepers) with their counsell, notice thereof was immediately given to the Archbishop, whereupon their Keepers were sharply checked, and charged not to permit them to meete or speake together any more, which was strictly observed.
Master Prynne, fearing that they should not be permitted to make a full answer to the Information, drawes up a Crosse-Bill against the Archbishop and others; wherein he charged them, with usurping upon his Majesties prerogaetive royall, with Innovations in Religion, Licensing of popish and Arminian bookes, and other particulars: which Bil being ingrossed and signed with all their three hands, Master Prynne tendred to the then Lord Keeper, with a petition, praying; that it might be accepted under their owne hands, since it concerned his Majesty and Religion so much, and counsell durst not signe it for feare of the prelates; alleadging, in the petition, that if the charges of the Bill were true (as they were ready to make good with their lives,) then their Lordships, as they hoped, would thinke meete they should be examined, and the prelates put to answer, and punished for them: If false; that then the Bishops to cleare their suspected Innocency to the World, would be willing to answer it, since their declining its answer, would imply a guiltinesse in them. The Lord keeper receiving this Petition and crosse-Bill, upon reading the contents thereof, refused to admit it, delivering it to the Kings Atturney, and (as I am informed) the Archbishop demanded the opinion of the Judges; Whether these three complainants might not be punished as *Yea, and have their lives taken away.libellers for exhibiting this Crosse-Bill against him▪ and other Prelates: who all but one, resolved; that they could not, because the Bill was tendred in a legall way, and might not in point of law be refused; the Kings Courts of Iustice being open indifferently to all his Subjects, to sue or be sued. However this Bill was suppressed, by the Prelates power, and Master Prynne within a weeke after his appearance to the Information, by the Archbishops procurement, had his Chamber in the Tower searched by Master Nicholas, one of the Clerkes of the Counsell, and a *This Pursevant was, so officious that hee searched Mr. Prynnes foule close-stoole, though Master Nicholas wished him to forbeare, where he found nothing but a fitting Nosegay to recompence his industry.pursevant of the Bishops sent to over-looke him; part of his instructions for his answer they s…ised, and carried them away to the Archbishop his servant who should sollicite his businesse, was attached by a messenger and kept close prisoner in his house above ten weekes (till after the hearing) without baile or mainprise; which was utterly refused; the liberty of Pen, Inke and Paper, to draw up his answer and instruct his counsell was then also inhibited; himselfe shut up close prisoner, and all his friends debarred from him; by a verball order only. By which strange proceedings he was utterly disabled to put in his answer, which hee earnestly desired, and was denied accesse to his councell contrary to the Lords former order; This done, on the 28 of April Master Pryn, and his Co-defendants by an order of the Court, were injoyned to put in their answers to the Information by Munday next came sennight, by the advice of their counsell, and under their hands, or else the matters of the Information should be taken against them pro confesso. He (having no liberty then to goe to his councell, and they for feare of the Prelates being unwilling to repaire to him, or to medle in the cause) thereupon petitioned the Court, that (having beene a Barrester at law) hee might have liberty to put in his answer to this Information under his owne hand; annexing sundry reasons to the petition, why his owne answer, in this case ought to be received without the hands of his counsell. This petition (together with an Affidavit of the particulars therein alleged) was presented and read in open Court the fifth of May 13. Caroli. of which this is a true Coppy.