Discovery of Free-State Tyranny, Letter 1
Mr. Prynnes firſt Letter to Mr. John Bradſhaw, touching his unjuſt apprehenſion, and cloſe reſtraint in Dunster Caſtle, by his illegal White-hall Warrant.
Hab. 1. 2, 3, 4.
O Lord, how long ſhall I cry, and thou wilt not hear? even cry out unto thee of violence, and thou wilt not ſave?
Why doeſt thou ſhew me iniquity, and cauſe me to behold grievance? for ſpoiling and violence are before me: and there are that raiſe up ſtrife and contention.
Therefore the Law is ſlacked, and judgement doth never go forth: for the wicked doth compaſſe about the Righteous: therefore wrong judgement proceedeth.
To his Quondam kind Friend Mr. Iohn Bradſhaw, Serjeant at Law, at White-Hall, preſent theſe.
SIR,
YOur former intimate familiarity with, and pretended cordial affections towards me, before mounted up to your *B… means I … againſt.preſent Greatneſſe, have emboldned, & my inſtant nnexpected new ſuffrings, neceſſitated me to complain, That on the 30 of Iune laſt, being the Lords day, about XI of the clock at *It is the … perty of … & Robbers, … break up & enter Mens houſes in the night (being no legall time for arreſts) … 2 … 43. Lu. 12. 39. 1 Theſſ. 5. 2.Night, a party of Horſe under the command of Captain …enkins and Major Robinſon, beſet my Houſe at Swainſwick, in the County of Somerſet (where I lived a retired Country life) and endeavoured to break open the doors thereof, whiles I and my ſervants were ſleeping quietly in our beds; who upon their entry into it, ſeiſed my Perſon, ſearched my Study, Chambers, Rooms, with all Trunks, and Boxes therein, for Papers, Books, records, taking away ſuch as they thought meet; and then marching with me through the Citie of Briſtol in triumph, with Trumpets ſounding, as their Priſoner, in the head of two Troops, and after that conveying me through the Country with Draggooners, brought me priſoner to Dunſter Castle. And all this by the Colour of your White-Hall warrant, dated the 25 of Iune, directed to Major Robinſon Governour of Dunſter Caſtle, thus ſigned with your hand: IOHN BRADSHAW PRESIDENT. Which Warrant further enjoyns him, not to ſuffer me to have conference with any but in his ſight and hearing; nor to ſend, or receive, of any, Letters, but ſuch as he ſhall peruſe: and is accordingly executed, amounting to the ſtricteſt cloſe Impriſo…ent. Theſe Proceedings ſeem to me (who am conſcious of no guilt) very ſtrange, Illegall, rigorous, yea deſtructive, not only to mine own, but to all the Peoples Liberties, and all our good Laws, for their preſervation; which you and others in preſent Power, have of late years, more then once, ſolemnlie covenanted, and made large Declarations, and Protestations inviolably to preſerve, eſpeciallie in theſe daies of Englands freedome from Tyranny, as ſome term, if not proclaim them.
Strange in reſpect of your ſelf, the only viſible author, of them; mine ancient Acquaintance, who formerly made ſo many large Profeſſions of reall Friendſhip, towards me; and one of mine own Robe (much contemning the Kings Starchamber Lords and Prelates illegall Warrants and Proceedings in this kind againſt me) from whom I expected no ſuch unjuſt exorbitant Warrant or Military violeuce as this; yet Stranger, in regard of my ſelf the Sufferer, who having been ſuch an Eminent Martyr, both in body and Eſtate, ſuffering near 8 years Impriſoments, cloſe reſtraints, exile, 3 Pillories, Stigmatizing, a …uble loſſ… of ears: & exceſſive Fines, for the defence of our re…igion, Laws, Publick Wealth, & Liberty of the Nation, without receiving one penny recompence for all my loſſes, and ſnffrings, though promiſed, voted, many Thouſands; and one of the moſt devoted faithfull Servants, to the old Republick & late Parliament of England, in whoſe ſervice I have ſpent my Eſtate, and ſtudies, ever ſince my enlargement, without enjoying the leaſt Preferment, which I was never ambitious of, or one farthing Salary or reward, (when others leſſe meritorious, have been bountifully rewarded with great Sums, Offices, Penſions,) expected no ſuch ungratefull Requital, as a new exceſſive tedious cloſe Impriſoment from my profeſſed Friends, before the leaſt notice of any complaint againſt me, or ſummons to appear, or anſwer it. Which (all circumſtances conſidered) is a farr greater Extremity of injuſtice, than I ever yet ſuffered from my moſt Capitall Enemies, who both in the High Commiſſion and Star chamber, did only ſummon me by a meſſenger, but never Attach me, or begin with Execution, as you doe; firſt citing me to appear, before them, and then heard, before they committed me, or ſearched my Study and Papers: and that by their Legall ſworn Officers, not armed Souldiers; in the open day time, not at midnight; on the week day, not the Lords day, and never made made me a cloſe Priſoner, at firſt, but onelyonly after hearing and ſentence. And indeed this cannot but ſeem ſtrange to me and all men elſe, that I ſhould be the firſt man now mewed up afreſh, in all the County for a *If the late Kings definition of the malignant party be true: Exact Collection P. 288. By …e Maligant party they intend all the members of both Houſes, who agree not with them in their opinion, and all the Perſons of the Kingdome, who aprove not of their Actions: they who have ſtood …toutly and manfully for the Religion, the Liberties, the Laws, for all Publick Intere…: (ſo long as there were any to be ſtood for) They who have allway s been, and are as …ealous Profeſſors, and able and earneſt Defenders of the Pro…eſtant Doctrine again… Church of Rome, as any are. They to whoſe wiſdome, courage and counſell …e Kingdome oweth ſo much as it can to ſubjects, and upon whoſe unblemiſhed w ays, ea…y …t ſelf can lay no imputations, then I am a malignant, elſe not.new Malignant, and dangerons Perſon, who was one of the firſt appeared in it for the Parliament; when as others long in actuall arms againſt it, now walk at large; and one who took and ſubſcribed the Kings Oath, againſt the Parliament, renouncing and declaring them Traytors and Rebels, with others, whoſe baſe unworthy cowardice loſt and betrayed the whole County to the Enemie, (whom they durſt never face or encounter) are now imployed, as great Commanders, in our new raiſing Militia: who (as I have good grounds to ſuſpect) are the originall Contrivers of this my injurious Reſtraint; out of meer mallice, or envy to ſhew that they are now men of truſt, and power, ſufficient to Tyrannize over me as well as others, who never did them the leaſt injury, but only reprehended them for their Injuſtice and Opreſſions, of which the whole County complained. The ſat…sfaction of whoſe malicious deſires, in this illegall way, will purchaſe you ten thouſand times more diſhonor, and doe you more diſſervice, by diſcontenting thouſands of your Friends, and giving your Enemies juſt occaſion of rejoycing, than ever their valour or Military Service is like to do you good, either in the County or Kingdome; and render you as deteſtable to the People, as ever my former ſuffrings and Impriſoments did the Biſhops or Star-chamber, the greateſt occaſion of their downfalls,
Illegal, injurious, yea, Deſtructive to the Peoples Libertys, and alſo ſetled Laws, for their Defence, in divers reſpects; in which I muſt crave Liberty, a little to expatiate, for fear my preſent ſilence or flender glances thereat, ſhould prejudice my own and the whole Nations Liberties, deeply concerned in this new Preſident of▪Injuſtice on my ſelf, ſo great a ſtickler againſt all Arbitrary and Tyrannicall Proceedings of this nature, and one of the greatest Sufferers under them.
Not to diſpute at preſent the Lawfulneſſe of your preſent Power; which many juſtly queſtion. The utmoſt (I conceive) you do, or can pretend to, is only the Power of the ancient privy Council or Council Table, under our Kings; not in its utmoſt latitude, and exorbitances, but as regulatedby the late Act, againſt the Star-chamber. Which Councill Table (to my beſt remembrance) never iſſued any Warant ſo illegall as this, in all particulars, againſt my ſelf or others, nor executed it by be meer Military Officers, on the Lords own day, as your Souldiers did this; to proclaim to all the world, how little they eſteem or obſerv… your new miſnamed Act, againſt travelling or arreſting any on the Lords day; the penalty whereof none dare to levy on Souldiers; I ſhall only here briefly argue and evince the Illegality of your Warrant, à Capite ad Calcem; as well as my preſent reſtrained condition, and want of Books, and Time, will permit me; that you and others may ſee, what ground you have to retract and to be aſhamed of it, as I hope you will upon the reading hereof.
Firſt, I conceive it wholy illegall in reſpect of the Perſons to whom it is directed, and by whom it is to be, and was accordingly Executed; which are not, legall civill Officers of Juſtice, (as Sherriffs, Iuſtices of Peace, Maiors, Headboroughs, under Sheriffs, Bayliffs, Conſtables, Serjeants, ſworn Meſſengers and the like), the *See B ooks Abridg…m…nt. Tit. Officers. Ra…als …bridgm…nts Tit. Sherif…s Juſtices of Peace, conſtables, … Ma…ors &c. and Oath 9. E. 3. Stat. of Lincolne. 1. …. 3. c▪ 4. 14. E. 3. c. 11. 13. E. 1. …. 37. 13 …. 2. c. 7. 18. H. 6. c. 11. 27. El…z. c. 12 12. E. 1. c. 10.. 14 E. 1 c. 8. 28. E. 3. c. 6.only lawfull Officers to ſerve, and execute all legall Writs, Proceſſe, Warrants whatſoever, by the Common Statute-Laws and Cuſtoms of this Realm; who are and ought to be known Refients in the County, where they may be always found; taking an Oath, duly to execute their reſpective Offices according to Law; and Perſons of Eſtate, able to render▪ Dammages to the Preſons they attach, in caſe their Warrants be illegall or not legally purſued in the execution. But meer Souldiers of fortune, Strangers, having no conſtant reſidence, nor viſible eſtates in the County, to render me or others Dammages, in an Action of Treſpaſſe or falſe Impriſonment, ſhould we ſue them; and no legall Officers▪ known or allowed by out Laws to execute Proceſſes or Warrants, from any civill Power▪ no not in times of Warr (eſpecially where there is no neceſſity, nor precedent reſiſtance, as in my caſe,) much leſſe in times of Peace, as now, wherein the S…eriffs and Juſtices only are to ſu…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 ari…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 *M. St. Johns Argument at Law, at his attainder.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 *Witneſſe M. Lemot, aad others, near the …xchange, and Sir Edward Hales in White-Fryers.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 & … 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, …efore & without the leaſt Accuſation, conviction of any particular Crime, any hearing, …xamining… what I can ſay for my ſelf; and ſo a meer forejudging of me, & going to …xecution before the fact examined▪ contrary to all forms of Legal proceedings in all criminal cauſes whatſoever; where the accuſed Perſons for any *See Daltons & Cromptons Juſtice of Peace, Poulton and others. 2 and 3. Phil. and Mac. 10. 11. H. 7. c. 7.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 i…, 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 d…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 Officer… refuſe to apprehend our ſaviours Perſon, upon the High Prieſts warrant, becauſe never man ſpake as he did; and their Law *Deut. 13. 12, 13, 14, 15. Ioſh. 22. 12. to 34.judged not any man (to be apprehended, much leſſe impriſoned) before it heard him, and knew what he doth. Wherefore, you cannot but recal… and condemn this Warrant, and its execution, as moſt repugnant to theſe Statutes, and the very Law of Nature, of Nations, and *Gen. 11. 5, 6, 7. c. 18, 21, 22.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 & populous Towns of the County, where the Aſſiſes or Seſſions are uſu…lly kept, and where is moſt reſort and repair of People, that they may be the oftner viſited, the better relieved by their Friends and others; and THAT NONE SHALL BE IMPRISONED IN PRIVATE CASES. And the Book of 21. E. 4. 71, Brook Impriſonment 80, is expreſs; That no Court can impriſon any, but in their proper priſons belonging to them; and that the Fleet is the proper Priſon to the Star-chamber and Palace▪ whither they ought to commit them: elſe men, through malice and Power, might be ſent to obſcure Caſtles, and remote Priſons, and there ſtarved or deſtroyed for want of neceſſaries, or purpoſely *As the Duke of Glouceſter was at Calis, and Hunny the Martyr was in Lollards Tower.murthered out of malice or deſign be private Perſons; which they cannot ſo eaſily be in in common Goals, where are ſtore of Company; and the *See Raſtals Abridgement, Gaol and Gaolers.common Goalers themſelves (ſworn and bound by Law, to treat their Priſoners well,) may be indited and puniſhed for abuſing them. VponUpon which Statutes and grounds, the whole Houſe of Common, reſolved it thrice upon the Queſtion, & afterwards the whole Houſe of Lords thrice *A New Diſcovery of the Prelates Tyranny. p. 137. 138. &c. 165. to 179.voted, and adjudged, my impriſonment in Carnarvan and Mount Orgu…il Castles, Dr. Baſtwicks in Lanceſton and Syllye Caſtles, and Mr. Burtons in Lancaſter and Gernſey Caſtles, both by ſentence of Star-chamber & the old Council tables warrants, to be contrary to the Law and Liberty of the Subject. Your warrant therefore for my impriſonment in Dunſter Caſtle, (never yet a Priſon) under the Cuſtody of Souldiers only, not of a Lawfull Gaoler (eſpecially being no Priſoner of war, nor ever in arms) is diametrically contrary to theſe Statutes, Votes, Reſolutions, the Law of the Land, and Subjects Liberties. And ſo much the rather, becauſe, tho there be good Ayr, and proſpect, in the Caſtle, yet there are no Proviſions at all within it for the body or ſoul; No meat to be had dreſſed, but at great diſtance from the Castle; which is very chargeable and inconvenient to a cloſe Priſoner: and no preaching Miniſter ſetled either in Castle or Town, to comfort, or feed the ſoul, or to which by your Warrant I may reſort; and it is above 50 miles diſtant from my houſe, where I have no Friend, nor accquaintance near to viſit, or ſupply my wants: And ſo parallel to my cloſe impriſonment in Carnarvan and Mount-Orgueil Caſtles, yea worſe in one reſpect, …hey being after a kind of publick hearing and ſentence, in a Court of Iuſtice, and this onelyonly by a priv…te warrant, before any hearing, examination, or accuſation that I hear of, by thoſe who have been my friends, and for ought I yet know, have no legal power to commit me in any caſe, as that Court had in ſome caſes, though not in ſuch a manner or to ſuch Priſons as then, or now.
5. Your warrant is defective and illegal in the very grounds of my commitment, which are meerly gener…ll and uncertain: viz. For his ſeditious writings and practices againſt the common-wealth, without particularizing what theſe writings or practices are; or when or where publiſhed, committed, or by whom or in what manner ſugg…ſted, or proved before you; or, againſt what Common-wealth, or f…rm of Common-wealth in particular; whether of England, Scotland, Ireland, or of any particular County, Corporation or Society, within them, which are *Joan: Ang: Wondenhagen Polit. Synopt. l. 2. c. 1. ſect. 10 where the various acceptionsof the word Common-wealth are ſp…cified.reall Common-wealths within themſelves. Which generall uncertain charge and ſlander againſt me, ſo great an advocate for the true inter…ſt and Republick of England, as all my writings evidence▪ imports juſt nothing, but either malici…us ſuggeſtions, groundleſs ſuſpicions, or feigned pretences againſt me, to deprive me of my Liberty; and were long ſince voted and adjudged in the Parliaments, of 3, 4, and 16. Caroli, in the caſes of Sr. John Eliot and others, committed priſoners to the Tower, Fleet, and Gate-houſe, by the Lords of the Councill, by the Kings ſpeciall command, for ſtirring up ſedition and ſ…ditions Practices againſt the ſtate (the very ſame your warrant ſuggeſts againſt me) to be too generall and ill…gal, and no grounds at all for a commitment; no more then ſchiſmatious inveteratus, reſolved to be too generall a cauſe of a clerk… refuſall by the ordinary in *Sperots caſe 7. Report. f. 57, 58.Cooks Reports.
6. Your Warrant chargeth the Governour, to impriſon me in the Caſtle, and not to ſuffer m… to have conferenc… with any, but in his preſence and bearing; nor to ſend or receive any Letters, but ſuch as he ſhall peruſe. A clauſe of the higheſt reſtraint and oppreſſion I ever yet ſuffered, or met with; For if the Governour voluntarily, or neceſſarily abſent himſelf, I muſt neither ſpeak with, nor write to any man, upon what urgent occaſion ſoever, nor receive any Letter of whatſo ever importance; be ſhut up a cloſe Priſoner night and day, alwayes guarded when I take the air in the Caſtle (as now I am) and not repair to any Church or meeting, to hear, faſt, pray, receive the Sacrament, nor ſend my own Servant out of my Chamber, or the Caſtle, (as now I cannot) for any neceſſaries, for fear of infringing this ſtrict formidable Warrant, which puts me into the ſelf ſame condition I was in at Carnarvan and Mount Orgueil Caſtles, and will prove as fatal to my own, and all Freemens liberties of England (if not recalled and exploded with higheſt indignation) as thoſe my R…ſtraints and cloſe Impriſonments were (with my Brother Baſtwicks and Burtons too) by the Votes and Judgement of both Houſes, whereof I think meet to give you this full account. When I was firſt committed to the Tower by the Lords of the Council for my Hiſtriomaſtix, (ſuggeſted to be ſeditious and ſcandalous in the higheſt degree) the words of the Lords Warrant to the Lieutenant were, *A new diſcovery of the Prelates Tyranny, p. 9. 142.to require him to keep me ſafe Priſoner in the Tower, without giving free acceſſe unto me, until he ſhould receive farther Order: yet this warrant, though all my friends had preſent free acceſſe to, and conference with me in publick and private, without any reſtraint or peruſal of Letters to or from me (not expreſſing any particular cauſe for my commitment) was by the unanimous Vote of the whole Houſe of Commons 20 Aprilis 1631. in theſe words, reſolved to be illegal; Reſolved upon the queſtion, That the impriſonment of Mr. Prynne (in the Tower) by a warrant under the hand of Thomas Lord Coventry, and others (therein named) IS UNJUST and ILLEGAL: And that they ought to give Mr. Prynne ſatisfaction for his damages ſuſtained by that Impriſonment. And in my Brother Burtons caſe … committed cloſe Priſoner to the Fleet by the Lords, for preaching and publiſhing a ſeditious Sermon and Book (as they termed it) intituled (For God and the King:) the Houſe of Commons the 12 of March 1640. paſſed this Vote, *Ibidem p. 15, 16. 139. 140.Reſolved upon the Q…eſtion, That the Warrant from the Council Boord, d ted at White-hall Febr. 2. 1636. for the committing of Mr. Burton cloſe Priſoner, and the commitment thereupon▪ IS ILLEGAL, AND CONTRARY TO THE LIBERTY OF THE SUBJECT: And that he ought to have reparations for his dammages ſuſtained by this Impriſonment. And whereas we both, with Dr. Baſtwick, for pretended ſedit…ous Books and Practices; were, after a kind of hea…ing in S…archamber, ſentenced, and ordered To be kept cloſe Priſoners in 3 remote Castle; and after that, by *Ibid…m p. 85, 86, 87, 137. 138. 141. 142.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 reſtra…nts therein cont…ined, *And ſo declared by the whole Houſe of Commons, in their Remonſtrance of the State of the Kingdom, 15 D…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.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 exce…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, Starchamber, 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 *Acts 24. 6.for a peſtilent fellow, & stirrer up of Sedition among the Jews throughout the World;) who yet *See A New Diſcovery of the Prelates Tyranny, p. 170 to 181. where this point is fully debated.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 …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 †2 Sam. 1. 20.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 Proce…dings; it is but the very ſame Plea the Prelates pretended for my cloſe Impriſonment, and baniſhment heretofore; the *See Mr. St. Johns Spe…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.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 reſolve… 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 …xorbitant, ſcandalous, *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 bo…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.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 f…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 ſnar… of the Devill, and that maxim now in many mens mouths▪ unworthy men or Chriſtians: Over ſhoo…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 *2. Ch…on. 28 6. to …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.retreating, actuall repentance, and ſatisfaction to the parties injur…d, in ſuh c aſes, by our unrighteous dealings a…d oppreſſions, becauſe we have onelyonly 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, *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.r…ſolved by the two late Parliaments and whole houſe of C…mmons, to be an high intrenchment upon the Subje…ts Liberties, and property, contrary to Magna Chart…, the Petition of Right, the Judgment in S…mai…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 *Ex…ct C…llection. p. 6. 11, 12. 35. 37, 38. and 156, 157▪Mr. Cre…, Mr. Pym, and other members o… Parliament … and ſuch a one I yet am, if the former Parliament hath a being ſince the Kings beheading, the Lords ſuppreſſion▪ and moſt Common… …ecluſion, as you hold it hath) an high infring…nt of the Priviledges of P…rliament, of which whoſoever are, or ſhall be guilty, they are by ſeveral Orders, votes, a…d Ordinances of Parliam…t, declared, to be En…mies both to th… Parliament, and Co…mon▪weal…h▪ of England, …nd to be appr…ended and proc…ded against as ſuch.
In all which reſpects your preſent Warrant, and the execution of it, being ſo diametrically contrary to the known *The true cuſtody and ſafeguard of all publick and private Intereſts, The inheritance of every Subject, and the ſec… ty he can have both of his l…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.Laws and Statutes of the Realm, the votes and Declarations of both Houſes of the Parliament, in mine own and others caſes, and the late Declarations of Febr. the 11. and March 17. 1648. of thoſe now acting; I ſhall of meer Right, not any grace or favour, demand and expect from your ſelf, and your Aſſ…ciates of the long Robe (my quondam ſpeciall Friends) who know all the premiſes to be Law and this Warrant moſt illegall, a preſent revocation and condemnation …hereof as ſuch, and my preſent abſolute inlargement, without any condition, reſtriction, caution or engagement whatſoever; which I reſolved never to enter into (being liable only to puniſhment when, and if I do amiſſe, and am legally convicted of it,) that ſo I may follow my Country affairs this harveſt time, without any ſuch future interruption and vexation. And withall to ſend me the names of my Accuſers, and their particular Accuſation, (if there be any ſuch) that ſo I may rec…ive reparations from them or you, for this moſt injurious▪reſtraint, to my great trouble, coſt and prejudice; which I am confident you neither will nor can in Iuſtice or honor deny me. But if this will not be granted; as this my unjuſt reſtraint, may then prove as prejudiciall to you, as my former Impriſonments did to the Canterbury, the Pr…lates, and Star-chamber, and will cry as lowd to heaven, againſt you as they did againſt them; till God himſelf delivered me by ſome other means; I ſhall then requeſt this Juſtice only at your hands.
Firſt, that you would take care that my ſoul be not ſtarved, for want of ſpirituall food, or free acceſſe unto it, when there are any ſermons in the Town: where there is yet no ſetled Miniſter, but a Lecture at ſome times and days. A *The deniall whereof is charged by the Commons as a great illegal Grievance and evill. Exact Collection p. 6.Libert… enjoyed during my former Impriſonments.
2. That you will allow, and take care for my dyet, during my cloſe reſtraint, if you will needs keep me up a cloſe Priſoner▪ my eſtate being exhauſted by my former ſuffrings, the loſſe of my calling, publick Taxes, Free quarter, and ſcarce able to ſupport my family at home; now left like ſheep without a ſhepheard.
3. That if you will not be ſo juſt and charitable▪ that at leaſt you will cauſe the 800 l. due unto me as contractor (for which I never received o…e farthing, though it coſt and loſt me double the value, and I ſhould never have demanded it, but upon this extraordinary occaſion of expence) with all the free quarter, certified to be due unto me for the laſt year, under … Commiſſioners hands, and yet not ſatisfied, to be forthwith paid; to help ſuſtain me, during this my preſent extremity, (which I hope you will *Magna Charta▪ c. 29.not delay, or deny) I ſhall till then remain,
Yours illegally reſtrained cloſe Priſoner, WILL. PRYNNE. Dunſter-Caſtle July 5. 1650.