Discovery of Free-State Tyranny, Letter 2

Discovery of Free-State Tyranny · Letter 2

p. 18Mr. Prynnes ſecond Letter to Mr. Bradſhaw.

SIR,

I Informed you by my Letter the 5 of this inſtant Iuly, of the forcible breaking and ſearching of my houſe and Study at Swainſwick, ſeiſing and carrying away my Perſon and Papers about Midnight, on the Lords Day, by a Party of Horſe, and my cloſe impriſonment ever ſince in Dunſter Caſtle, by pretext of a Warrant ſigned with your hand; the illegality whereof, and of its execution, I therein undeniably demonſtrated, by Acts, Votes, Reſolutions of Parliament in my very caſe, and proved them more exorbitant, then the worſt firſt proceedings of the Prelates, High Commiſſion, Council Table, or Star-chamber againſt me, under the late King, whom you your ſelf aaAnd thinkeſt thou this O man that judgeſt them which do ſuch things, and doſt the ſame, that thou ſhalt eſcape the judgement of God? Rom. 2. 3.Rom 2:3condemned to have his head ſevered from his ſhoulders for a Tyrant, demanding thereupon of meer right my preſent Enlargement from this unjuſt impriſonment, with reparations for the ſame. To which as yet receiving no anſwer, after above a fortnights reſtraint, contrary to expectation, and Magna Charta it ſelf: Nulli negabimus, nulli differemus juſtitiam aut rectum: and hearing, that by a like illegal Warrant under your hand, made to Souldiers, not ſworn Officers, they have broken open my Study, ſeiſed all my writings & Trunkes at Lincolns Inn, & carryed them to White-Hall, contrary to the Law of the Land, and Liberty and property of the Subject; I am thereupon neceſſitated for the Defence of mine own, and the Nations Liberties, (for which I have ſo deeply ſuffered, in Defence whereof, we have of late years ſpent ſo many Millions of Treaſure, and p. 19Tuns of Gallant Engliſh blood) to make this ſolemn Protestation to you, and all the world, That theſe Warrants and Proceedings of yours againſt me, are altogether illegal, tyrannical and exorbitant, contrary to Magna Charta, the Petition of Right, the Reſolutions of the 3 laſt Parliaments, the bbA new D…ſvery of the Prelates Tyranny. p. 15, 16, 120, 121, 128, 132, 137, 140, 225.votes of both Houſes in my very Caſe, and the Caſes of my Brother Dr. Bastwick and Mr. Burton, the Law of the Land, the Subjects Liberties and Property, and many Declarations of the laſt Parliament, publiſhed to the World.

To begin with the breaking up of my Houſe, Study, ſeiſing of my writings and Papers, Records, and impriſoning my Perſon, before any hearing, examining, or legal accuſation againſt me, by colour of your illegal Warrant (the revived Exorbitances of the High Commiſſion, and old Council Table, under which the Freemen of England formerly groaned, and moſt ſadly complained) I ſhall deſire you and the whole Kingdom (by way of ſupplement to my former Letter) to take notice,

1. Firſt, That in the caſes of my Brother Dr. Baſtwick, and Mr. Burton, (whoſe Houſes, & Studies were broken open, ſearched, and their Writings, Books, Perſons ſeiſed, by colour of a Warrant from the High Commiſ. & old Council-Table) the whole Houſe of Commons, upon the report of their Caſes, paſſed theſe two Votes ccA new Diſcovery &c. p. 137, 138, 139.Feb. 24. 1640. Reſolved upon the Queſtion; That the Precept made by the Arch-Biſhop of Canterbury, and other high Commiſſioners for cauſes Eccleſiaſtical within the Realm of England, for apprehending the body of Doctor Baſtwick; and for ſearching for, and ſeiſing of his Books; and the making and iſſuing thereof, and likewiſe the Meſſengers Act in ſearching Dr. Baſtwicks Houſe and Study, and ſearching and taking away his Books and Papers, by that Precept, ARE AGAINST▪ Nota,LAW, AND THE LIBERTY OF THE SUBJECT. And March 12. 1640. Reſolved upon the Queſtion; That the breaking open of Mr. Burtons Houſe, and arreſting his perſon, before any cauſe depending againſt p. 20him in the Star-Chamber; and his cloſe impriſonment thereupon, are againſt the Law and Liberty of the Subject. That Iohn Wragge hath offended in ſearching and faiſing th… Books and Papers of Mr. Henry Burton, by colour of the general Warrant Dormant from the High Commiſſion; and that that Warrant IS AGAINST THE LAW, AND LIBERTY OF THE SUBJECT: and that S…rjeant Dendy, and Alderman Abel have offended, in breaking open the Houſe of Mr. Burton, and ought to make reparations to Mr. Burton for the damages he ſuſtained by breaking open his houſe. And that Iohn Wragge ought to make reparations to Mr. Burton for the damages h… Juſtained by breaking open his Study, and ſeiſing his Books and Papers.

2ly. That after this, the whole Houſe of Commons in their Remonſtrance of the State of the Kingdom, the 15 December, 1641. reciting many grievances therein complained of (now acted over in a far ddSee Exact Collection, p. 558. 559. Witneſſe Exciſe, Tonnage and Poundage, Monthly Contributions, Quarte…ing of Souldiers; new Oaths and Judicatures without and againſt Law; ta…ing away mens Armes, breaking open mens houſ…s, impriſoning and confini…g their Perſons.higher degree than ever they were under the beheaded King) ſadly remonſtrated, eeExact Collection, p. 8.That great numbers of his Majeſties Subjects for refuſing unlawful Charges, Taxes, New Oaths and Judicatures erected againſt Law, have been committed t… long and hard impriſonments, and others have had their houſes broken up, their goods ſeiſ…d, and ſome have been reſtrained for their lawfull callings. And that the very next day after the Parliament ended, the fifth of May, 1640. Some Members of both Houſes, had their Studies and Cabinets, yea their Pockets ſearched; which they declare to be contrary to the Law, and the Subjects Liberty.

3ly. That in the Caſe of Members (and ſuch a one I ſtill am, if the Parliament or Houſe of Commons be yet in being, as you do and muſt affirm) the whole Houſe of Commons 3 Jan. 1641. publiſhed and printed this Order, ffExact Collection, p. 35.It is this day ordered upon the Queſtion by the Commons Houſe of Parliament, That if any perſons whatſoever ſhall come to the Lodgings of any Member of this Houſe, and there do offer to ſeal the Truncks, Doors or Papers of any Members of this Houſe (which is leſſe than to break open, p. 21ſearch, and take them quite away by armed Souldiers, as in my caſe) or to foiſe upon their Perſons; That then ſuch Members ſhall require the aid of the Conſtable, to keep ſuch perſons in ſafe cuſtody till this Houſe do give further Order. And this Houſe doth further declare; That if any Perſon whatſoever ſhall offer to arreſt or detain the perſon of any Member of this Houſe, without firſt acquainting this Houſe therewith, and receiving further Order from this Houſe, That it is lawfull for ſuch Member, or any Perſon, to aſſiſt him, and to ſtand upon his or their guard of Defence, and to make reſiſtance, according to the Protestation taken, to def…nd the Privileges of Parliament.

4ly. That afterwards the Commons Houſe in their ggExact Col. p. 38, 39, 41.Declaration of the ſame January (in caſe of the 5 impeached Members) publiſhed to all the Kingdoms, further declared and ordered, That whereas the Chambers, Studies and Truncks of Mr. Denzil Hollis, Sir Arthur Haſlerigge, Mr. John Pym, Mr. John Hampden, and Mr. William Strode, Eſquires, Members of the Houſe of Commons, upon Monday the third of this inſtant January, by colour of his Majeſties Warrant, have been ſealed up (not broken up, ſearched, and carryed away as mine are, which is far more) by Sir William Killigrew, and Sir William Flemen, and others, which is, NOT ONLY AGAINST Nota.THE PRIVILEGES OF PARLIAMENT, BUT THE COMMON LIBERTY OF EVERY SUBJECT▪ Whereupon we are ueceſſitated according to our duty, to declare, And we doe hereby declare, that if any perſon ſhall arreſt Mr. Hollis, Sir Arthur Haſlerigge, Mr. Pym, Mr. Hampden, and Mr. Strode, or any of them, or any other Member of Parliament, by pretence or colour of any Warrant iſſuing out from the King only, he is guilty of the breach of the Liberty of the Subject, and of the Privilege of Parliament, and a publike Enemy to the Common wealth. And that the arreſting of the ſaid Members, or any of them, or any other Member of Parliament, by any Warrant Nota,whatſoever (therefore by yours now) without a Legal proceeding againſt them, and without conſent of that Houſe, p. 22whereof ſuch Perſon is a Member, IS AGAINST THE LIBERTY OF THE SUBJECT, AND A BREACH OF THE PRIVILEGE OF PARLIAMENT; And the Perſon that ſhall arreſt any of theſe Perſons, or any other Member of the Parliament, is declared a publike Enemy of the Commonwealth. And we doe further Declare, That the Privileges of Parliament, and the Liberties of the Subject ſo violated and broken, cannot be fully and ſufficiently vindicated, unleſs his Majeſty will be graciouſly pleaſed, to diſcover the names of thoſe perſons, who adviſed his Majeſty to iſſue out Warrants for the ſealing of the Chambers and Studies of the ſaid Members, to ſend a Serjeant at Arms to the Houſe of Commons to demand their ſaid Members, to iſſue out ſeveral Warrants under his Majeſties own hand to apprehend the ſaid Members; Whereupon thoſe who ſealed up theſe Members Studies and Truncks were committed Priſoners, and threatned to be put by their places; as ſome of them then were.

From all which Votes, Reſolutions, Declarations (to omit many hhExact Collection p. 77, 78, 156, 157, 458, 483.others of this Nature) I muſt conclude and proteſt; that if the breaking up, ſearching for, ſeiſing, and bare ſealing up of the Doors, Studies, Trunks, Papers of Subjects, and Members of the Commons Houſe, or apprehending their Perſons by Warrants from the High Commiſſion, old Councel Table and King himſelf, by Purſevants and Clerks of the Council Table (who were ſworn Legal Officers) be ſuch an high violation of the Law of the Land, the Liberty of the Subject, the Privileges of Parliament, and render ſuch as are guilty thereof declared Enemies to the Commonwealth: Then your breaking up, ſearching my Houſe, Studies, Trunks, and ſeiſing of my Writings, Papers, Perſon, by armed, unknown, obſcure Souldiers, who are no Legal Officers▪ after all theſe Votes and Declarations, muſt much more be againſt the Law, and Liberty of the Subject, the Privileges of Parliament, and render you, them, and all who were active in it, notorious Enemies to the Commonwealth of England, unleſſe you give me ſpeedy Satisfaction and Reparations for the Injury, and retract thoſe violent Proceedings p. 23with ſhame and indignation; which I Demand and expect of Right, without further delay.

Next, I muſt acquaint you, that I and my Servant too, have now been kept up cloſe Priſoners, and reſtrained from all Gods publike Ordinances, above this fortnight, by colour of your illegal Warrant; whereas the whole Houſe of Commons, in their ii…x…ct Coll. p. 6.Remonſtrance of the State of the Kingdom, 15 Decemb. 1641. reputed and Declared this, as the Compleating of cruelty, under the late King, That ſome Members deteined cloſe Priſoners, after the Diſſolution of the Parliament 4 Caroli, were deprived of the neceſſary means of spiritual Conſolation, in not ſuffering them to go abroad to enjoy Gods Ordinances in Gods houſe. Which ſoul-murthering cruelty I now ſuffer by your unjuſt reſtraint, and my Servant likewiſe.

I beſeech you ſadly to conſider, not only the great Scandal, but impiety and danger of ſuch reſtraints from publike Ordinances. The Scripture defines the Devil himſelf to be the Original Author of ſuch Impriſonments, Reſtraints of Gods Saints and Servants, Rev. 2, 16. And further aſſures us, That kkMatth. 25. 41. to 46.Matt 25:41–46Chriſt at the laſt Judgement, will ſay to thoſe who did but only not feed, cloth, and viſit the leaſt of his Saints, when they were in Priſon; Depart from me ye curſed, into everlaſting fire prepared for the …evil and his Angels: What an heavy Doom then will he paſſe againſt thoſe, who (againſt all Rules of Law and Juſtice,) caſt them into Priſon, and will there neither feed, cloth, nor viſit, but starv… their bodies and ſouls too, as much as in them lyeth, by depriving them of Gods Ordinances, and all means of livelihood, as you do me, after all my former great loſſes, and long-continued ſuffrings. I cannot as yet be ſo uncharitable, as to believe you deſign the ruine of my ſoul, body, and waſted Eſtate; but if you de facto do it, by this injurious reſtraint, your ſinne is as great, as if you did deſign it.

If you think to juſtifie or excuſe theſe Irregularities and unjuſt violent Proceedings againſt me, by pretext of Neceſſity and publike Danger, the only thing in Juſtification duplicate page p. 22duplicate page p. 23p. 24I yet hear alleged by your Inſtruments; As this will be no Plea at all before Chriſts Tribunal in the great day of Judgment; who llLev. 25. 14. Ez▪ c. 18. 12, 13 Pſal. 10. 14, 18. 1 Cor. 6. 8, 9. Col. 3. 25. Mich. 2. 1, 2, 3▪Lev 25:14Ps 10:14Ps 10:181 Cor 6:81 Cor 6:9Col 3:25Mic 2:1Mic 2:2Mic 2:3prohibits all kind of violonce, injuſtice, oppreſſion, injury upon any Pretence what ſoever, and will ſeverely puniſh it; their mmRom. 3. 3.Rom 3:3Damnation being moſt juſt who do evill upon this unrighteous ground, that good may come of it: So it will not hold water before mans Tribunal, being reſolved, declared, by the nnExact Collection, p. 518, 838, 879, 882, 885, 886.Judgement of both Houſes, and an Act of Parliament in caſes of Shipmony, Exciſe, Loans, to be no cauſe nor Juſtification of a Diſtreſſe, much leſſe of an Impriſonment. And it being a Neceſſity and Danger of your own making, not mine, the Rule of Law is, ooLittle on Chap. Remitter.That noman ſhall take advantage of his own wrong to the prejudice of another. The late Beheaded King in his ppExact Collection, p. 127.Anſwer to the Petition of both Houſes, 26 Martii, 1 642. is ſo ingenious, as to confeſſe, That the violating of Laws by his Miniſters, and the miſchief that then grew by Arbitrary Power, was made plauſible to Us, by the ſuggeſtion of Neceſſity and Imminent danger; and thereupon he gave both Houſes this caution: And take you heed, you fall not into the ſame Error, upon the ſame ſuggeſtions; which in his qqExact Collection, p. 252.Anſwer to the Remonſtrance of the Lords and Commons of the 9th of May, 1642. he thus ſeconds, And therefore we had good cauſe to beſtow that Admonition (for we aſſure you it was an Admonition of our own) upon both Houſes of Parliament, to take heed of inclining, under the specious ſhews of Neceſſity and Danger, to the exerciſe of ſuch an arbitrary Power they before complained of; The Admonition will do no harm, and we ſhall be glad to ſee it followed. And therefore for you, or thoſe now acting, after theſe two ſerious Admonitions, to pretend Neceſſity and Imminent Danger, for theſe, with other Arbitrary courſes, Proceedings, condemned in and by the King himſelf, and the whole Parliament, muſt be the hight of Oppreſſion, Injuſtice, and will render you rrRom. 2. 3. 16. to 25.Rom 2:3Rom 2:16–25more deteſtable to the Nation and World, than ever they did the King, or his Evil Counſellors.

To trouble you no further at preſent; I ſhall only inform p. 25you. That the Commons in their ſſExact Colle ction, p. 10 492.Remenſtrance of the State of the Kingdom, Decemb. 15. 1641. Yea, both Lords and Common… in their Declaration of 4 Auguſt, 1642. among other Deſigns, Practices of the Malignant Party and Counſellors about the King, complained of this, as one of the moſt dangerous; ttAnd is not this the preſent caſe of moſt of the Nobility, the late ſ…eluded, ſecured Members; and all conſcientious Presbyterians throughout the Realm, wh… dare not violate their former Oathes, Covenants, Protestations, Declarations, Remonſtrances, publ…ſhed to all the world? & of my ſelf▪That they endeavoured to make thoſe odious, under the name of Puritans, who ſought to maintain the Religion, Laws and Liberties of the Kingdom; and ſuch men were ſure to be ttAnd is not this the preſent caſe of moſt of the Nobility, the late ſ…eluded, ſecured Members; and all conſcientious Presbyterians throughout the Realm, wh… dare not violate their former Oathes, Covenants, Protestations, Declarations, Remonſtrances, publ…ſhed to all the world? & of my ſelf▪weeded out of the Commiſſion of the Peace, and out of all other imployments of Power and Authority in the Government of the Country. Many Noble Perſonages were Counſellors in name, but the Power and Authority remained in a …ew of ſuch, as were moſt addicted to this P…rty; whoſe Reſolutions and Determination… were brought to the Table for countenance and execution, and not for Debate and Deliberation; and no man could offer to oppoſe them, without diſgrace and hazard to himſelf; Nay, thoſe that did not wholly concurr, and actually contribute to the furtherance of their Deſigns, though otherwiſe Perſons of never ſo great honour and abilities, were ſo far from being imployed in any Place of Truſt and Power, that they were neglected, diſcountenanced, and upon all occaſions injured and oppreſſed. The Laws were no Defence or Protection to any Mans Right; all was ſubject to Will and Power, which impoſed what payments they thought ſit to drain the Subjects purſes, and to ſupply thoſe Neceſſities which their ill Counſels had brought upon the King, and gratifie ſuch as were Inſtruments in promoting theſe illegal and oppreſſive Courſes. vvIs not this your very practice now? witneſs the Proceedings againſt the R…fuſers of the Engagement, who are thrust out of all publike Offices, …laces …f truſt, deprived of their Callings, Augmentations, Sequeſtrations, all preſent and futu…e Preferments and Degrees in the Church, Univerſities, Innes of Court, &c. yea deprived of the Law it ſelf, their Inheritance and Birth-right, like Outlaws, the hight of Tyranny and Injuſtice.They who yielded and complyed, were countenanced and advanced; all others diſgraced and kept under, that ſo Mens minds made poor and baſe, and their Liberties loſt and gone, they might be ready to let go their Religion, and ſubmit to the p. 26ſubverſion and alteration of the Laws and Government, which they deſigned. And whether your Proceedings in the ſelf-ſame kind againſt my ſelf, & others who have ſuffered and ſtood ſo much for Religion, Laws, and publike Liberties in the worſt of former times, thus complained againſt; and ſecuring, reſtraining us to boot, in a more more violent way than the King and his evill Counſellors proceeded againſt us heretofore, will not draw a greater guilt, diſreputation, heavier judgement upon you and your Aſſociates, then they complained of did upon them, if you perſevere impenitently in ſuch execrable Machiavilian carnal Practices, I leave to your own Conſciences to determine?

Sir, I was never yet a flatterer of any Perſon or p…rſons, how great ſoever in arbitrary and illegal w…ys, and my preſent extremities will be a ſufficient Apology for this my boldneſſe and plain▪dealing with you, as well as others heretofore in like caſes, wherein the xxFor that which is my Caſe to day, may be many or any others tomorrow.whole N…tions Liberties are concerned as much as mine own; wherefore I do once more, upon the premiſed Votes and Gro…nds of right, demand my preſent …nlargement, the reſtitution of my ſeiſed Papers, Writings, Records, Books, Tr…ks from you and your Aſſociates, with reparations for theſe injurious proceedings againſt me from your ſelves, … the Origin…l Authors, and Principal Actors in them. And ſo exp…cting your undelayed Anſwer to my former and preſent Demands (who amidſt your manifold imployments, may ſpare as much time to doe me right as wrong) that ſo I may know how to ſteer my courſe; I muſt, and ſhall till then remain

Your unjuſtly cloſe reſtrained Captive, WILL. PRYNNE, For his quodam kind Friend Mr. Serjeant Iohn Bradſhaw at Whitehall, theſe. Dunſter Caſtle, 16 July. An. Dom. 1650.