Discover of the Prelates Tyranny, Floating text 6 – Floating text 7
Master Prynnes first Petition to the Lords the 5. of May 13. Caroli.
To The right Honorable the Lords of his Majesties High Court of Star-Chamber. The humble Petition of William Pryn close prisoner in the Tower of London. Humbly sheweth,
THat whereas the petitioner, on munday last, received from Master Goad, an order of this Honorable Court, Dated the 28. of April 1637. Whereby he is enjoyned to put in his answer to the Information against him, by munday next, under his councells hands, or else the matters therein contained shall be taken against him Pro confesso, That the petitioner, in regard he hath beene debarred all accesse to his councell a weekes space and more, deprived of the use of his Servant, who should sollicite his businesse for him, being detained close prisoner in a Messengers hands; debarred all acc…sse of friends, the use of Pen, and Inke, and disabled both in respect of the quality of his cause, the greatnesse of the persons whom it concernes; the diversity of his councells opinions, and the difficulty of procuring his councell to repaire to him to the Tower, during the Terme, to advise him, he having no meanes to reward them according to their paines; and for other reasons mentioned in his Affidavit, is utterly disabled to performe the sayd Order, to put in any answer without great prejudice both to himselfe and his cause, which much concernes both the King, his Crowne and dignity, the Religion established, and the liberties of the Subject infringed by the Prelates, and their confederates.
He humbly therefore beseecheth your Lordships, not to exact impossibilities at his hands; but in this case of necessity (according to many late presidents in this Honorable Court) to grant him liberty to put in his answer by the sayd day under his owne hand, he having beene a Barrester at law, and not under his councells, who refuse to doe it out of feare and cowardise (being more fearfull of the Prelates, then of God, the King, his Crowne, and dignity;) and also for the causes hereunto annexed, which he in all humility submits to your Lordships wisdomes and Iustice. And the petitioner for the concession hereof shall ever pray for your Lordships, &c.
The reasons why the petitioner (Master Prynne) humbly conceiveth, that this honorable Court ought in point of law and Justice, to admit his answer under his own hand, without his councells, which he cannot procure.
FIrst, because there are many late presidents in this1. Court, wherein divers defendants answers have been admitted without the hands of councell, in cases where no councell would set their hands to them, as Close, and Doctor Laytons cases, with many others, and but one president only against it: which being ancient, singular, upon a speciall reason, in case of a Woman, not of a man, much lesse of a Lawyer, and in a farre different case from this defendants, ought not, as he humbly conceaveth, to overballance the presidents for him.
Secondly, because upon an Ore-tenus and Interrogatories2. in this Court, in many cases before his Majesty and the Lords at the councell-Table, in Parliament, and in the Kings-Bench upon Indictments, and Informations [especially for Felony or Treason] the defendants are allowed freely to make their owne answers and defence without counsell, if they please, and in some cases are denied Counsell.
Thirdly, because counsell [who were not ab initio, 3.but came in long after causes,] both in this honorable Court, and elsewhere, are allowed and assigned, not out of necessity, but favour onelyonly, for the helpe and benefit of defendants, not to be so strictly tied unto them, but that they may have liberty to make answer without them in case where they and their councell differ in the substance of their answers, or where councell advise them to their prejudice, either out of feare, ignorance, or otherwise, else it would lie in councells power both to prejudice▪ and betray their causes, and make them lyable to censure though innocent.
Fourthly, because every answer in the eye of the law4. is the defendants only, though signed by his councell for formes sake: he onelyonly is summoned to make answer, he onelyonly is to sweare it, and he, not his councell, is to undergoe the hazard of it: therefore he alone in point of law and Justice is onelyonly bound of necessity to signe it, not his Councell.
Fiftly, because else there would be a fayler of Justice5. in many Cases, through the want, feare, neglect, ignorance, diversity of opinion, or treacher of councell: for if one be peremptorily enjoyned to put in an answer by a day, as this defendant now is, and counsell neglect, refuse, delay or feare to doe it upon any occasion by the time, (which is this defendants Case) he must (without any default, contempt, or neglect in him) suffer thereby as a delinquent, though innocent, without any legall conviction; which were injury and injustice in the highest degree.
Sixtly, because the very law of nature teacheth every6. Creature, but man especially, to defend, preserve and make answer for himselfe, either when the party accused cannot procure others to doe it, or can doe it better then others will, can, or dare doe, himselfe: But in the present Case, this defendant cannot procure his councell to make such an answer as his cause requireth, which resting upon bookes, matters of Divinity, and on other points, wherein his counsell have but little skill, all which he must justify in his answer, he is better able to make his answer and defence thereto, then his counsell can, will, or dare to doe, in case they were willing to undertake it▪ (which now they utterly deny and refuse onelyonly out of feare and cowardize,) as aforesaid, and therefore ought, as he humbly conceiveth, to be permitted to doe it, both in point of Law and Justice.
Seventhly, because God and Christ, the supream Judges7. of the World, and patternes of all Justice both here on Earth, have, and at the generall day of judgement, when all men shall appeare before their dreadfull tribunalls, wil allow every man to make his owne personall answer, and defence, without counsel or proxie, much more then should every inferiour Judge, and Terrene Court of Justice doe it, if the party desire it, and others will not, dare not doe it.
Eightly, because by the judiciall Law among the Iewes, 8.every man was to make his owne defence, neither did their Law judge any man, before it heard him and knew what hee did. Iohn 7. 51. And by the civill Law, even among the Pagan Romans, it was not the manner to condemne any man, before that hee who was accused had the accusers face to face, and had Licence to answer for himselfe concerning the crime layd against him, Acts 25. 16. If then the Lawes amongst Iewes, and Pagans, gave every defendant leave, thus to make answer for himselfe, and never condemned any as guilty for not answering by counsell (as appeares by the cases of Naboth, Susanna, Christ and others, though unjustly condemned, yet not without a full hearing, and witnesses first produced, though false,) this defendant humbly conceiveth, that by the Lawes and Justice of this Christian Common-Wealth, and this honorable Court, hee ought to have like liberty in this cause of so great consequence, and that the Information against him ought not to be taken, Pro confesso, without hearing witnesses, or defence, in case he tender an answer under his owne hand, onelyonly without his counsells who refuse to advise or direct him, else our Christian Lawes, and Courts of Justice, might seeme to be more unreasonable then the Iewes, or Pagan Roman Lawes and tribunalls, which God forbid any man should imagine.
Ninthly, because S. Paul when he was slandered & accused9. by Ananias the Iewes high-Priest, with the Elders, and Tertullus their Orator, to be a pestilent fellow, a mover of sedition among the Iewes, throughout the World, and a ring-leader amongst the Sect of the Nazarens, and that severall times, both before Felix, Festus and King Agrippa, (three heathen Governors and Magistrates,) had still free liberty granted him by them all both to answer and speake for himselfe to the full, to justifie and cleare his innocency, without any counsell assigned. Act. 24, & 25, 26. neither did nor could the Iewish, high-Priest except against it. This defendant therefore being now accused in this honorable Court of the like crimes, by some English Prelates and high-Priests instigation, hopes to enjoy the selfe same priviledge and freedome before so many honorable Lords, and Christian Judges, which Paul did before these Pagans. And hee supposeth his said adversaries will not be against it, unlesse they will be thought to feare, and decline the defendants answer, as guilty persons, who dare not admit their actions to be scanned in so honorable a Court; or men unwilling to have this defendant cleare his owne Innocency; or else be deemed more unreasonable then Ananias himselfe, especially in this defendants particular case; who having beene a Barrester, and counseller at the Law formerly admitted, even in this honorable Court, to put in answers under his owne hand in other mens cases, cannot but hope and presume to obtaine the like Justice, and favour from it now, in his owne cause, (being thereto necessitated through his counsels feare and deserting of him) for the premised reasons, which he in all humility submits to this honorable Court.
Upon the reading hereof in open Court, and of a like petition from Doctor Bastwick, to put in his answer under his owne hand, since his counsell refused to signe it; the Court ordered the same day, that they should put in their answers by munday next under counsels hand, or else be then taken Pro confesso; denying them liberty to answer under their owne hands.
Hereupon Doctor Bastwick, when no counsell would signe his answer, tendered it at the Star-Chamber office, under his owne hand, and there left it: and Master Burton having his answer drawne, engrossed and signed by his assigned counsell, Master Holt, who afterwards withdrew his hand, because his other counsell would not subscribe it, out of feare to displease the Prelates, tendered it to the Court, desiring it might be accepted, or Master Holt, ordered to new signe it; upon this the Court, the 10th of May (being the next sitting) made this Order.
In Camera Stellata coram Concilio ibidem, decimo die Maii, An. Decimo tertio Car. Reg.
VVHereas by severall orders of this Court, Iohn Bastwick Doctor in Physick, and Henry Burton clerke defendants, at the suite of his Majesties Attorney Generall plaintife, were ordered to put in their answers under counsells hand by Munday last, or in default the matters of the Information, to be taken against him pro confesso: forasmuch as the Court was now informed that the said Doctor Bastwick, hath not yet answered, nor will bee drawne to put in any answer under the hand of his Counsell, but hath throwne into Master Goads Chamber, the deputie Clarke of this Court, five skins and a halfe of parchment close written, with his owne hand subscribed therunto, wherein, as is alledged, is contained much scandalous & defamatory matter: It is therefore ordered, that all the matters of the said information wherewith the said Doctor Bastwick is charged, in the same shal be taken against him Pro confesso And that his Majesties attorney Generall doe take into his custody, and consideration the said severall skins of parchment, subsigned as aforesaid, for such farther order to be therein had and taken, as to Iustice shall appertaine. And for as much as the Court was now informed, that the defendant Burton hath caused his answer to be drawne by counsell, and ingrossed, and would have put it in, if his counsell who drew the same, or any other of his counsell, would have set their hands thereunto: The Court therefore did forbeare to take him Pro confesso, and hath ordered, that his answer be received under the hand of Master Holt alone, and that after his answer put in, and interrogatories exhibited, the examiner shall repaire unto him in person, where he is to take his examination upon the said Interrogatories.
Jo. Arthur. Dep.
DOctor Bastwick upon this Order, the next Court-day petitions the Court, that his answer left in the Court might be accepted under his owne hand, in default of councell; and Mister Prynne, (much grieved that he could neither gaine liberty nor possibility to answer the Information, for his just defence, formerly ordered to be taken pro confesso against him,) the same day petitioned the Court in this manner.