Discovery of Free-State Tyranny, Document
TO Mr. IOHN BRADSHAW, AND HIS ASSOCIATES AT WHITEHALL, (Stiling themſelves the The Councel of State) his Impriſoners.
The Remonſtrance of ſeveral Grievances, and Demands of Common Right by William Prynne Eſq their 2 years and 3 moneths Cloſe Priſoner under Souldiers, in the remote Caſtles of Dunſter, Taunton, and Pendennys in Cornwall, before any Legal Accuſation, Examination, Indictment, Tryal, Conviction, or Objection of any particular Crime after above 8 years former Impriſonments, and unrecompenſed great ſufferings, Loſſes for the Publike and Religion under their White-hall Predeceſſors, and all his Faithfull, Unmercenary Services for the Publike Laws, Rights, Privileges of the Engliſh Nation
Shewing,
THat although he be a Freeman of England, both by Birthright, and Dear-bought Purchaſe, having aSee a New Diſcovery of the Prelates Tyranny.formerlyſuſtained above 8 years impriſonments, and more heavy Sufferings in his Perſon, Calling, Estate, than any of this Nation; meerly for writing in Defence of the …uſt Laws, Liberties, Franchiſes of the Land, and true Proteſtant Religion, in the worſt of former times, againſt the Invaders thereof, and ſpent the greateſt part of his life and estate in painful ſtudies, S…rvices, Sufferings, Dureſſes for the Publike (without the leaſt Recompence, Reward, or Self advantage) our of a ſincere Publike Spirit, unbiaſſed with private ends. And hath in all his Relations, as a Lawyer, Magiſtrate, Committee-man, Member of Parliament, of this Kingdom, and a Chriſtian, diligently endeavoured bActs 24. 26.to keep a good Conſcience always in all things void of offence toward… God and Men; never to his knowledge perpetrating any Crime, deſerving Bonds or cloſe Reſtraint, by any known Law of this Land, nor acting or writing any thing, but what his own deliberate Judgement, Science, Conſcience, clearly reſolved him, to be agreeable to, and warranted by the ſacred Oracles of God, the Principles of our Reformed Religion, the Fundamental, Common Statute-Laws, Franchiſcs of England, the Reſolutions, Judgements, Declarations of our ancient and late beſt Parliaments, and cSir Edw. Cooks 2, 3, & 4 Inſtitutes. Mr. St. Johns Speech againſt Shipmon…y. Indgement and Argument at Law againſt Strafford. Mr. Hackwells Argument againſt Impoſitions. Judge Crookes, and Huttons Arguments againſt Shipmoney.B…oks Printed by their Authority; and thoſe ſolemn, ſerious Oaths, Proteſtations, Covenants, impoſed on, and oft taken by him, by Parliamentary Authority (which ſtill lye as dNum. 30. 2. P…. 15. 4. Joſh. 9. 19, 20, &c. 2 Sam. 21. 1, 2, & Pſ. 89. 33. 34. Heb. 6. 17, 18. Prov. 17. 12. to 24. Grotius de Jure Belli & Pacis, …. 2. c. 13. …. 3. c. 19.immnutable, inviolable, divine obligations on his Soul, till otherwiſe convinced of his total and final Abſolution from them, by the brutiſh Arguments of the longest Sword, and long, illegal, cloſe impriſonments under Sword-men) in purſuance of his bounden duty to God, his Lawfull Superiour Powers, and beloved Native Country, whoſe trueſt, greateſt, weal, Peace, Settlement, he hath ever ſtudied, advanced to his utmoſt power, by all Chriſtian, honourable, juſt and righteous means, though incountred therein with many Diſcouragements, and ingrate requitals from moſt ſorts of men.
That although by the expreſſe proviſions of the Common Law, the Great Charter of England, ch. 29. (confirmed in about 40 ſeveral Parliaments) the Statutes of 25 E. 1▪ c. 2. 28 E. 1. c. 1, 2. 1 E. 3. c. 5. 5 E. 3. c. 8, 9. 25 E. 3. c. 4. 28 E. 3. c. 3. 35 E. 3. rot. Parl. n. 20. 37 E. 3. c. 18. 42 E. 3. c. 1, 2▪ 3▪ & rot. Parl. n. 42. 2 H. 4. rot. Parl. n. 10. 4 H. 4. c. 13. 5 H. 4. c. 10. 23 H. 8. c. 2. The Petition of Right, 3. Caroli. The Act for In preſſing Souldiers 17. Caroli, with ſundry other Statutes; the eThe P…nted Arguments and Papers of th… Commons Houſe, 3 Caro…i in the G…ntlem…ns Caſ…s, impriſo…ed▪ for the I…ans, Cot…o…i Poſthuma, …. 222. …o 296. Exact. Collection. p. 6. to 13. 35, t… 42. 147. 492 500. 845. 850. to 890. A new D…ſcove…y of the Pr…lates Tyranny. p. 136 to 188.printed Decl…rations, Remonſtrances, Iudgements, Votes of all our late Parliaments, and the known Rules of Common Iuſtice, no Engliſh Freeman may or ought to be arreſted, impriſoned, exiled, outlawed, or deprived of his Liberty, Freehold, Writings, Papers, Members, Life, Franchiſes, without due Proceſſe of Law, Indictment or Preſentment by his Lawfull Peers, executed by f9 E. 2. Statutes of Sheriffs. 2. E. 3. c. 4. 4 E. 3. c. 9. 5 E. 3. c. 4. 14 E. 3. c. 7. 9.known, Lawfull reſponſible ſworn Officers of Juſtice; after a Legal Accuſation, Examination, or Conviction of …ome partic…lar Offence; nor enforced to goe out of his own Country, againſt his will, or impriſoned in any private or forein Caſtles, but only in Common uſual Priſons, under ſworn Gaeolers, without debarring free Acceſſe of Friends and Letters to or from him, or ſearching his Houſe, Study, Truncks, Pock…ts for Writings, Letters, Books, to pick out matter of Accuſation againſt him, or examining himſelf, or others▪ Ex officio, to that end, in an extrajudicial manner, before any Legal Charge exhibited; Nor yet tranſlated from one unuſual Priſon to another, without hearing, or bringing him to any juſt, lawfull Tribunal, the next g4 E. 3. c. 2. 27 E. 1. 2 E. 3. c. 2.General Aſſizes or S…ſſions held within the Country, wherein he is impriſoned, or releaſing him the next Goal delivery, if not then indicted and Legally proſecuted for what he is impriſoned. That albeit his former profeſſed, oppreſſing Enemies, the old Councel Table, Star Chamber, High Commiſſion, Lords and Prelates hExact Coll…ction. p. 8, 13, 15, 517, 518▪ The Acts for ſuppreſſing the Star▪ Chamber, high Commiſſion, & regulating …he Councel Tab…: The Em…u… m n… & Acts of At a…nd… …f Str…fford & Canterbu…y.(condemned, ſuppreſſed, and ſome of them executed by moſt of your concurrent ſuffrages, as the greateſt Tyrants, the laſt Parliament, for their extravagant, unjust Cenſures, and ſome exorbitant Proceedings againſt him and others) were even then ſo candid and honourable towards him, at firſt (though accuſed of pretended ſcandalous, ſeditious Paſſages in his Hiſtriomaſtix againſt the King, Queen, Court, State, Government, Prelates) as not violently to attach by Troopers in the night, and cloſe impriſon him in remote unuſual Caſtles, without hearing, but only ſummoned him by a ſingle n…armed, known, ſworn Meſſenger, to appear before them the next day, and upon his appearance charged him for writing a particular pretended offenſive Book, then produced and heard him concerning it, before they committed him; and after ſent him Priſoner at large to their uſual Priſon, the Tower of London, under an honourable Gardian, near his then reſidence, and friends, who with all others had free acceſſe to▪ and conference with him, both in publike and private, without reſtraint, or any Eveſdroppers, appointed to over-hear their diſcourſes with h…m, and ſuperviſe all Letters, Writings, Papers to and from him; which Liberty he there enjoyed, even after his firſt ſevere Sentence, till the ſecond Bill againſt him. And when after they cauſed his Study and Chamber to be ſearched, imployed only Mr. Noy, then the Kings Attorney, and two Clerks of the Councel (Reſponſible Perſons of eminency, learning, judgement, able to judge of Books, and writings fit for leiſure, not rude illiterate Souldiers) in that ſervice; who never finally ranſaked his Pockets, nor ſeiſed any Notes, writings, Letters, Books, not relating to his Charge; which they ſpeedily proſecuted in a uſual Court of Iuſtice, continuing him, even after their firſt Sentence, a Priſoner at large in the Tower. After which they iSee a new Diſcovery of the Prelates Tyranny.exhibited a ſecond Bill againſt him, Dr. Baſtwick, and Mr. Burton in Star-chamber, concerning particular Books thereto annexed, and heard them (in a ſat) at the Barre, before, they ſentenced them to be kept cloſe Priſoners in remote Caſtles, and upon their removals thither, gave them convenient notice, to provide neceſſaries, provided Horſes, Coaches at the Kings own coſt, to carry them Priſoners thither, and afterwards proviſions and Ships to tranſport them to Jernſy, Garnſey, and Silly Caſtles, promiſing to allow them competent diet, during their cloſe reſtraints (which the other two ordinarily received, and he but for 3 weeks only in the Tower) never placing armed C…nti…els day and night at their doors, dogging them at the heels, when ever they ſtirred out thence, but to ſuck in Priſonair, or exonerate Nature, during their cloſeſt Reſtraints; yet notwithſtanding, ſuch is his ſtrange late unhappineſſ…, after all his priſtine Martyrdomes, and unmercenary eminent Services for Religion, Laws, Liberties, and his Country, inſtead of receiving the leaſt voted ſatisfaction for them; as that by colour of ſeveral illegal warrants from you (though for the moſt part his late profeſſed Chriſtian Friends and Servants too in verbal complements, as he was really ſome of yours, and the publikes upon all occaſions to his power) iſſued under Mr. B…andſhaws hands, not to Legal▪ known, ſworn, reſponſible, publike Officers of Juſtice (as by our k9 E. 2. … E. 3. c. 4. 4 E. 3. c 9. 5 E. 3. c. 4. 14 E. 4. …. 7. 9. … Sh…i…s.Laws they ought to be) but to unknown, unuſual, unſworn, obſcure, ignorant Souldiers (unable to judge of ſcandalous or ſeditious Writings, Letters, Papers, Books, Records, and never raiſed nor paid by the Nation for ſuch unlawfull empIoyments, ſubverting all the foreſaid Laws, and Subjects common Liberties▪ for whoſe real (f) Defence they were firſt waged by the Parliament, (l) This all Ordinances for their firſt …a… …ng, continuing, Pa… and Contribu ions, and Declarations concerning them or the wars, and Solemn L…ague and Cov…na… joyntly attest, and the Armies own printed Declarations likewiſe.as violently to force and ranſack Mens Houſes, Studies, Papers, arreſt, impriſon their Perſons in private Caſtles, now turned into Common Gaols, and they into Gaolers) his Chamber, Study, Truncks at Lincolns Iune▪ during his abſence thence, by a party of Souldiers (to him yet unknown) before the leaſt Summon…, accuſation, examination, or objection of any ſpecial Crime againſt him, on the 26 of June 1650. were forcibly ſearched, ranſacked, and all his Writings, Papers, Records, Letters, Truncks (as he was informed) carried away by them thence (without giving any Inventory of them) to White-…all, with ſome printed Books. A…ter which, on the 30 of that Month, being the Lords day, a ſtrong party of Horſ…, near Midnight, beſet and forced his Houſe at Swainſwick in Somerſetſhire (though he then openly reſided, being never a Fugitive, nor afraid to look any mortal or Tribunal in the Face all his life) ſeiſed his Perſon in his Bed▪Chamber, ſearched all his Houſe, Study, Truncks, with his Siſters and Servants Cheſts, & Boxes for Writings, Papers, Letters, Records, Books, taking away what they pleaſed▪ and then bringing him Priſoner to their quarters▪ carryed him out of the way, through the whole City of Briſtol, as their Priſoner, in the head of two Troops in triumph, with Trumpets ſounding, like a tranſcendent Malefactor; After which they delivered him over to Dragooners, who conveyed him cloſ… Priſoner to Dunſter Castle; (a Garriſon 50 miles from his houſe) w…ere he and his Servant attending him (though he could get no proviſions dreſſed in it) were by your pretended Orders, detained cloſe Priſoners, under armed Guards, denied liberty to ſpeak with any of their friends, or others, about any occaſion, but in the preſence and hearing of captious Eveſdroppers, obſerving every word they ſpake, or to receive or ſend any Letters (though to your ſelves, by their Gardians own hands) or read any Books, but what they firſt peruſed and approved, who were there his ſupreme Governours, being two late beardleſſe Apprentices, the one to a Baker, the other to a Cutl…r in London, underſtanding neither Latin nor Law; nor able to write true Engliſh, yet one of them a conſtant Chaplain to his Souldiers (who for the moſt part ſeldom reſorted to any Ordinances in publike, reviled our Miniſters, Sacraments; ſome of them openly aſſerting, by word *This one Turner Servant to the Garriſon, aſſerted in a written Diſcourſe, Which he ſent to me, challenging me to anſw…r his Arguments, which I did.and writing, the mortality of mens ſoules, as being nought elſe but fleſh, and dying with their bodies, with other erroneous Arminian and Ieſuitical Te…e…ts) who moſt unchriſtianly debarred him and his Servant from all Gods publike Ordinances, notwithſtanding many fruitleſſe complaints unto you for redreſſe of this mExact Collection p. 6.Soul-murthering cruelty▪ And ſo over-officious were they, as (without and beyond your Orders) to keep a conſtant Court of Guard at his Chamber door, to his great disturbance, and others there, to ſearch, and ſix days impriſon one of his Servants, who brought him neceſſaries from his own only Siſter, meerly, for offering to her by his command, a Copy of your Order for his impriſonment, and of▪a Letter to you for his enlargement, (formerly peruſed, allowed, and ſent to you by them) for her ſatisfaction; denying her afterwards (when ſhe had taken a long winter journey thither, only to viſit him) the leaſt acceſſe unto him for an whole night and day; and at laſt, upon her reſolution to depart without ſight of him, admitting her to viſit him, upon this precedent promiſe and condition, not to ſtay with him above one quarter of an hour, though in their Superviſing, over-hearing preſence; albeit ſhe was formerly admitted to him, without delay, ſcruple, Eveſdropper, and to continue with him many times, for ſundry hours together, whiles he was cloſe impriſoned in the Tower, by the Star-chamber Lords and Prelates. After which, (upon their miſ▪informations) his Laundreſſe Mrs. Carre in London, Mr. George Gear his Siſters Husband were both examined, and committed Priſoners, and Mr. George Luttrel and his wife in Dunſte… Caſtle ſtrictly examined, upon ſpecial Articles by your Order, of purpoſe to ſift out, poſt factum, ſome matter of accuſation againſt him, to juſtifie theſe Antecedent injurious Proceedings; and himſelf for the ſame end, was there ſent for to be examined ex Officio by Collonel▪Pyne (his greateſt cauſeleſſe Enemy and Proſecutor) concerning things done, and *One inti…uled News from Guildhall, The Title wh…r…of my Examiner read unto me.Pamphlets printed in London, after his cloſe Impriſonment at Dunster, which he never heard of, nor ſaw before; to which revived Prelatical, High-Commiſſion Proceedings (condemned in all ages, as unrighteous, tyrannical, and ſo lately damned in full Parliament as ſuch) he refuſed to ſubmit, for the Reaſons mentioned in his Proteſtation, drawn up, and then promiſed to be ſent unto you by Iohn Pyne his Examiner. Beſides, his Servant there attending him, was ſollicited by ſome of your Agents, not only to deſert his Service, but alſo to betray his Secrets and him, Souldiers there ſet, not only to liſten at his Door, Windows, but to creep behind the hangings▪in his Chamber, (whereof they kept the Key) whiles he and his Servant were at their private Prayers, to pick matter from them to accuſe him▪ And not only his Priſon Chamber, Bed, Bedding, Cloaths, Hangings, but even his very Pockets were there forcibly ſearched by his armed *Enſign Bowr, and others▪Gardians, by pretext of your Order, and the Copies of his Letters, in anſwer to theirs, with his very Collections out of, and Tables to the Books he there read, violently taken away without Reſtitution, notwithſtanding his Reſiſtance, Proteſtation, and reading of ſundry nExact Collection. p. 8. 11. 12. 35. to 42. 197.Declarations of Parliament there againſt it; declaring ſuch ſearches, not only against Law, and the Common Liberty of every Subject, which they might reſiſt with force, but thoſe to be publike Enemies to the State, who attempted them: Whereunto his Gardians replyed, *This Enſign Bower twice averred, when he forcibly ſearched my Pockets, with two other Souldiers more in the preſence of my Servant.They were commanded by you to do it; and therefore muſt obey without diſpute againſt theſ… Declarations: Adding, that they muſt and would †Acts 27. 42. The Souldiers counſel was to kill the Priſoners, but the Centurion willing to ſave Paul, k…pt them from their purpoſe.kill, hang, or cut his throat (though never ac…uſed, nor condemned of any offence) if enjoyned by you ſo to doe, ſo well were they verſed in the Jeſuites Doctrine, and Practiſe of blind Obedience, and Aſſaſſination too, upon all occaſions; Of all which particulars, though he earneſtly complained to all and ſundry of you, by divers Letters, yet he received not the leaſt redreſſe: But was (to Mr. Lutterils and the Countries great charge and oppreſſing) kept▪there ſtill clōſe Priſoner in Mr. *Enforced to find them Lodging, Fire, Candles, and to give you ten thouſand pound Bond to keep his Caſtle againſt all Enemies, after its walls, works, demoliſhed, & the Ordinance and Ammunition thence removed, elſe it muſt be totally demoliſhed without recompenſe, though Mr. Lutterils chief ſeat, Inheritance, Honour, of which many Mannors are held by Knights Service, ſuch is your Free-State, even to your Friends and Servants.Lutterils domeſtick Caſtle Lodgings, with 20 Souldiers purpoſely to guard him ſundry Months after the Caſtle walls and out-Houſes there demoliſhed (before any notice, or without the leaſt …atisfaction, given to the owner thereof▪ Mr. Lutteril, damnified above 4000l. thereby to recompenſe his former 6000l. loſſes by the Kings party, for his fidelity to the Parliament, whom he ſerved gratis as a Collonel) and the Garriſon thence removed by your ſpecia… Order; which in Law▪reverſed your Warrant for his Impriſonment there, and ſet him free.
After which on the 12 Iune 1651. by a Warrant from Colonel Desbrow, without any from you, to increaſe his expences and vexation, he was tranſlated to Taunton Castle (notwithſtanding his Proteſt againſt it, as being then ſet at Liberty in point of Law, by Dunſter Caſtles diſmantling, and that Garriſons diſſolution, to which only he was confined, and no Priſoner to this Collonel, nor ſubject to his Military Power, by any Law he knew) whither being brought cloſe Priſoner, he was for want of Bedding (which the Governour could neither borrow nor hire in the Town, ſo much did they deteſt his cauſeleſſe cloſe impriſonment there) mued up cloſe Priſoner in an Inn over againſt the Caſtle (even when ſome Collonels formerly in armes for the King were there ſet free) with two Souldiers to guard him, who had ſo much good manners, as not to permit Captain Georges (though then a Collonel of the County Militia Horſe) to ſee or ſpeak with him in their preſence, unleſſe he would firſt ſeek out his Governour at the Caſtle, and gain his licenſe; two others of them having the like rudeneſſe at Dunſter Caſtle, as to quarrel with and affront two Devonſhire Gentlemen of quality (there viſiting Mrs. Lutterel their Kinſwoman▪ only becauſe one of them paſſing by your Priſoner, as he was walking, moved his hat, and ſaid, God bleſſe you Sir, without the Governours previou… licence; and the other recited only a conſolatory Latin verſe to him out of Virgil, whereupon they ſaucily told him; he ought to speake no word or language but what they underſtood, & ſhould anſwer it to you if he did. And whereas he deſired the Governour at Taunton, being very near the Church, to permit him to goe to the publick Ordinances there, he having no Order to reſtrain him from them, or ſo much as to impriſon him there from you; he peremptorily refuſed it, whereupon he demanded leave to ſend a Note to Taunton Church, to deſire the Prayers of that Congregation from which he was debarred, to this effect; Mr. William Prynne having for 12 Moneths ſpace laſt paſt, been totally deprived of, and debarred from Gods publike Ordinances (which he enjoyed in his former cloſe reſtraints) and from free converſe with men, without any particular cauſe yet declared to him for this his ſtrict reſtraint, deſires the publike and private prayers of this Congregation (whereto he is now denyed acceſſe▪) for reſtitution to Gods Ordinances, and his juſt Chriſtian and Civil Liberty, after full ten yeans impriſonments and ſufferings, for Defence of our Religion, and the Laws and Liberties of this Kingdome and Nation, which Note he incloſed in a Letter to his Governour, proving it to be a chief part of Chriſtian Liberty, and a Gospel Duty, for him to deſire, and them to make their publick, private Prayers to God for him in ſuch a condition, By Acts 10. 5. 12. Rom. 15. 31, 32. 2 Cor. 1. 9, 10, 11. 2 Theſ. 3. 1, 2. 2 Tim. 1. 2, 3. Adding, that all the world, and his own Conſcience, would cry ſhame on, and condemn him, if he ſhould now deny him the benefit thereof. Upon which his Governour was ſo ſurprized, that to prevent the infamy of ſtopping this Note, or reading it publikely in the Church if ſent; he ordered his Lieutenant to accompany his Priſoner to the Congregation, with his two other Guardians.
About two weeks following, upon a bare Information, That Taunton was an unfit place for his reſtraint (becauſe he had ſome acquaintance, and good accommodations for Soul and Body there, and was nearer his friends than before) though not unfit for Collonels of that County, formerly in Armes againſt the Parliament, there lodged in Innes and private houſes, walking about the ſtreets at pleaſure, with one ſingle Soldier only to guard them) he was about the 27 of June 1651. by your freſh warrant, upon few hours warning (before he could procure a horſe for his Servant, or neceſſaries for ſo long and coſtly a journey) (notwithſtanding his ſpecial open Proteſtation againſt his tranſcendent vexation, and reading the late unanimous pA New-Diſcovery of Prelates Tyranny. p. 136. to 143.Votes of all the Commons (and moſt of your ſelves) in Parliament againſt it (in his own aud his former fellow ſufferers Caſes) to his Condnctors) mounted againſt his will upon a Troopers Horſe, without his Servant, cloaths or Linnen, by a party of Captain Warringtons Troop, and by them carryed cloſe Priſoner that night to Crediton in Devonſhire, and from thence by other freſh Parties of other Devonſhire and Corniſh Troops (who were all generally very civil to him, ſome of them having formerly conducted him voluntarily towards London in his return thither from his priſtine cloſe reſtraints in ferein Caſtles, and lamenting they were now forc'd againſt their wills, to conduct him to a new cloſe Priſon, without an cauſe or crime at all expreſſed in their Warrant;) He was on the 2 of Iuly 1651. brought cloſe Priſoner to Pendennis Caſtle, near the extremeſt parts of Cornwall (50 miles further than the Star-chamber Lords, by their laſt ſevereſt ſentence ſent qIbid. p. 167Dr. Baſtwicke and him, whether (p) Ibid. 32. 75. 133.his very treſpaſſing Beaſts could not be driven by Law) being above one hundred and fifty miles from his houſe, near two hundred and fifty miles from his Library, and uſual Reſidence at Lincolns Inne, out of all common roads; where his kinred, friends, at ſuch a vaſt diſtance can neither conveniently viſit, ſend to, hear from, nor ſupply him with neceſſaries, where he can have no accommodation of Books to read, nor of Phyſick, Phyſicians, or other conveniences in caſe of ſickneſſe, nor lodging fit for a Gentleman, being for three Months ſpace impriſoned in a narrow Chamber, newly made for him (for want of other Lodgings) juſt over and beſides the Souldiers main guard▪ from which it was ſevered only with a few thin borders) where, by reaſon of the guards continuall noiſe, walking, talking, releaſing, drumming, and the like, he could enjoy no reſt nor ſleep, day or night; to the great impairing of his health, eye-ſight, and interruption, not only of his Studies, but Meditations and private Devotions.
After which (upon the enlargement of the Corniſh Gentlemen, formerly in Armes againſt the Parliament, there ſecured) he was removed to the beſt Chamber the Marſhalſee there afforded, being but mean, low, ſmall, and by reaſon of the natural ſituation of the place (upon the Top of an Hill next the Sea, near ſurrounding it, without any tree or other ſhelter) is ſo expoſed to winds, ſtorms, tempeſts, driving the rain through the Windows, Tiles, Chimney, and Fire oft times out of the hearth; and ſo ſubject to ſmoak, that the laſt tempeſtuous winter, his Chamber was ſundry times near over-flowen with water, and he forced to ſet therein many whole, wet, cold days and weeks together, without fire, and ſometimes to extinguiſh it when kindled, leſt the ſmoke ſhould ſu…focate him▪ or put out his eyes, (it being ſo moiſt withall, that it preſently moulds and rots, Cloaths, Books, Shooes, Vnguents, and other things; and ſo dark in Winter, and cloudy weather, that he can hardly ſee to read therein at Midday) By reaſon whereof his health hath not only been impeached, but his very life indangered, he having no place to walk within doors, and there being no walking without doors in wet and windy ſeaſons, here very frequent.
And whereas ſome of the Corniſh Gentlemen here ſecured by your order for▪being Colo…els and Officers in the late Kings Army againſt the Parliament, had ſo much liberty from Captain Charls Shrubſoll (Deputy Governour of the Caſtle here under Sir Hardreſſe Waller) as in thoſe pretended dangerous times of the feared Scotiſh Invaſion, to repair home to their Friends and Houſes only upon their Pa…olls, to walk abroad out of the Caſtle, both about their occaſions, and for their recreations, to viſit their fellow Priſ…ners in Armes at St Maurs Caſtle (who likewiſe oft repaired to viſit them here) and to conſult together, and write Letters concerning their enlargements, without any reſtraint; which liberty▪ I no ways envy or diſlike; yet ſuch was his ſtrange ſeverity towards your Priſoner (though a conſtant Servant, Friend, Adherent to, and Member of the Parliament) as not only to place ſpecial mA Practice borrowed from the malitious Jews, and perſecuting Herod. Mar. 27. 63, 64, 65, 66. Acts 12. 4. 6. 10. 18. c. 5. 23.Centinels at his door day and night) who followed him with their Matches lighted, Muſqusts at his heels, when ever he ſtirred out but to eaſe Nature, or walk before his Chamber door, in the view of other Centinels and Souldiers, though he had the Marſhal and his Servant beſides to guard him) notwithſtanding his Proteſts againſt it (being no Priſoner of War) as a new Military Oppreſſion, Innovation beyond your Orders, and contrary to Law, expoſing him to the cuſtody of as many new Gaolers, every day, as there were freſh Centinels, never impoſed on him in the Tower or other Garriſons, whiles cloſe impriſoned in them by the Prelates, (which yet he ſtill continued) but likewiſe to debarr him from repairing to the Pariſh Church to Gods publike Ordinances and Sacraments, though there be no Chapel nor Miniſter in Orders in the Caſtle, but only private meetings in the Store-houſe, where a Chaplain never in orders, and ſometimes Soldiers pray and speak (as they phraſe it) upon ſome Scripture Text, without reading or ſinging any Pſalm or Chapter, or uſing any Sacraments, (And although this Captain and moſt of his Officers, ſeldome or never reſort to theſe, nor yet to any other Meetings, from which they withdraw themſelves, as being either above or againſt all Ordinances) yet he would by no means permit this Remonſtrant to reſort to Gods publique Ordinances at the Pariſh Church, contrary to the expreſſe word and meaning of your Warrant for his removal hither (occaſioned by his forecited Note to his Governour at Taunton) to permit him Liberty to repair to the publike Ordinances of Gods worſhip, if he ſhall deſire it, which reſtraint he continued to his great ſpiritual prejudice, oppreſſion, and diſcomfort, notwithſtanding his often deſires and expoſtulations too (till Captain Coſens upon the receit of your late explanation in Auguſt laſt) permitted him this Liberty. And not content herewith, this Shrubſoll peremptorily denied him Liberty to ſend any Letters to your ſelves, or other his Friends in London, to demand his Freedome, or procure his enlargement, or to complain to your ſelves of theſe his unparalleld Injuries, even after his peruſal of the Laws, unleſſe he would likewiſe firſt give him Copies of them under his hand, and alſo truſt him with their conveyance, when and by whom he pleaſed; which reſtraint of Letters (beyond and againſt your Orders) this Captain obſtinately continuing above 8 moneths ſpace, notwithſtanding his Remonstrants, ſeveral expoſtulations with him, and proteſts againſt it, as moſt injurious, unreaſ…nable and tyrannical, never formerly impoſed on himſelf, or other Priſoners, by any Gardians of late, nor yet antiently on the Prophet nJer. 16. … 5, 6, 7, 8, 9, &c, 28, 29, 32.Ieremiah himſelf, when impriſoned under impious K. Zedechia, as a Traytor to him and his Kingdom, wh… writ and ſent abroad his Prophecies againſt the… in his very Priſon, and n…w writ and diſp…ſed them abroad again, with many additions, when bu…nt by the King, without ſuch reſtraint…; nor yet on St. Paul by the bloodieſt Pagan Tyrant Nero in heathen Rome it ſelf, when ſent Priſoner thither, and publiquely accuſed by all the Elders and High Prieſts, for a oActs, 24, 5.Peſtilent fellow, and mover of ſedivion throughout the world, &c. who pActs 28, 16 to the …nd. Epheſ. 3. 1. c. 6. 21, 22. Phil. 2. 19. 23. c. 4. 18. 22. 2. Tim. 4. 9, 10, 11. 21. Philemon 1. 9, 10, 23, 24. Coloſ. 8 to 19. and the Poſtſcrip…s of his Epiſtles.writ moſt of his ſacred Epistles to whole Churches, and particular perſons in, and ſent them by his own friends and ſp…ial Meſſengers from his priſon in Rome, without his ke…p…rs ſuperviſal, or demand of their Copies, truſting him alone to ſend them at his pleaſure; No… yet by the cruel Pagan Emperour Domitian the Perſecutor on St. Iohn, when confined by him to the qRev. 1. 9. 11. c. 2. 1. 8. 12. 18. c. 3. 1. 7. 14. c. 21. 5.Iſle of Patmos, from whence he writ, if not his 3 Canonical Epiſtles, and Goſple▪too, yet his Apocalyps and 7 Epiſtles to the 7 Churches of Aſia, and ſent them by his own Meſſengers, without any peruſal or reſtraint by his Heathen Gardians, (a tyrannical project▪ which would have ſuppreſſed a great part of the ſacred Scripture, if then in uſe, as now of late) nor yet impoſed by the laſt Parliament on Strafford, Canterbury, or any others, when impeached, condemned for High Treaſon, nor on the vileſt felo…s in our Common Gaols, nor the very Gally-ſlaves in Turky, who ever uſually freely write and ſend Letters thence to their friends, to ranſome and enlarge them thence; Upon which conſiderations, he told him, He would rather die in priſon▪ than ſubmit to this his worſe than Turkiſh Vaſſalage: Thereupon after ſo long a fruitleſſe Patience, this Remonſtrant was neceſſitated for his relief herein, without this Tyrants privity to uſe meanes to convey a Letter to Sir Iames Harrington (one of your ſociety) formerly, twice peruſed, and ſtopped by this Captain, Gardian, upon the termes forementioned, to demand his Liberty, or removal hence from u…der the power of ſuch an Oppreſſing Gardian, who not only ſta…d his peruſed Letters, and detained him, from Gods Ordinances againſt your Orders; but denyed him leave ſo much as once to go with the Marſhall into the Caſtle fields to gather herbs, which▪ others …new not, to make▪ Salves and Medicaments for lame Impoten… Souldiers of the Garr…ſon, and other poor People, out of meer Charity, and debarred ſundry lame diſeaſed People of this County (where is neither skilfull Phyſitian nor Chirurgion near, that could or would help them) and amongſt others, two poor Eiſher-men kept near 5 years Gally-ſlaves in Turkey, lately returned thence with dangerous Vlcers in their Eys, the leaſt acceſſe unto him even with a guard, to dreſſe or direct them how to cure their Maladies, to their great grief, only becauſe (as he afterwards pretended) they had not taken the Engagement, though never in actuall Arms. A more then Turkiſh Bar…ariſme, not only againſt the expreſſe rMat. 10. 8. c. 16. c. 12. 15. 22. c. 14. 14. c. 19. 2. Ma…. 3. 10. c. 6. 5. …u. 4. 40. c. 5. 15. c. 6. 17, 18, 19. c. 8. 2. 36. 47. c. 9. 11. 42. c. 10. 3. c. 35, 36. …. 14. 4. Acts 5. 16. c. 8. 7. Jam. 5. 14. 15.Precepts, Preſidents of the Goſpel, the Rules of common Charity, Humanity, but the very Laws of God, of Natnre, of Nations, and War it ſelf; Which oblige all men to sRom. 12. 20 Mat 5. 44, 45. Luke 6. 27. Prov. 25. 21. 2. Chr. 28. 15.feed, dreſſe, cure, and ſuffer to be fed, dreſſed, cured the very peirced wounds of Strangers, of t…eir Profeſſed Enemies taken in open battell in the field, and make them liable to ſevere Puniſhments if they neglect or refuſe it (for which Sir. Iohn Owen was of late criminally queſtioned for his life:) much more then was he obliged to permit poor Engliſh Chriſtian▪ Neighbours, and late Turky Captives, wounds, and Vlcers (never in Arms) to be dreſſed by a charitable Priſoner; ſeeing the very Pagan Roman Centurion, who carried St. Paul Priſoner to Rome, gave him both free Libertie and encouragement in his voyage thither, to tActs. 28. 8, 9. 30.to cure Publius Father, and all others diſeaſed Peopl… in the Iſle of Melita, who frely reſorted to him, and afterwards in Rome it ſelf, without reſtraining them or him from ſo charitable a work, and the very Samaritan commended in the Gosple by Chriſt himſelf, vLuke 9. 1. 6. Acts. 10. 38.who went about doing good, healing all diſeaſes of the ungratefull people in all places; and xLuke. 22. 50, 51, 54.healed Malchus his Ear, who came out to take him, whiles a Priſoner under the High Pr…eſts Officers and Souldiers, (for our Chriſtian imitation …n like caſes) did ſo farr compaſſionate the man wounded and left half dead …y Thieves in the high way (though a meer Stranger to him of author Nation,) as to go to him, bind his wou…ds, powring oyl & wine into them, ſet him, on his own beaſt, bring him to his Inne, take care of him, and pay for his expences and cure, whoſe example is thus backed with Chriſts own Goſple-Precept to every one of his followers and others, Goe, and DO THOV LIKEWISE. Luke 10. 29. to 38. Which Preſidents and Scriptures though urged to this Barbarian, could not prevail on his ſtony heart for his admiſſion to him for their cure; nor yet for Engagers themſelves with out ſpeciall Officers and Souldiers, beſide the Marſhall appointed to ſuperviſe his dreſſing of and directions to them; as if this his very Charity and Compaſſion to p…r yEphe. 4. 31, 32. c. 5. 1, 2.diſtreſſed People, he never knew nor ſaw before, might prove Treaſonable and deſtructive to your free Eſtates. Sir Iames Harrington receiving this Letter, & information, and moving you on this Remonſtrants behalf, acquainted his Friend who delivered it; you all declared, that he had free Liberty of the Caſtle granted him, and of Letters to and from him, without restraint, who writing him word of the delivery of his Letter to Sir James, and this his Anſwer thereunto, this Governour upon peruſall of the Letter (firſt brought to him) inſtead of taking off theſe his former injurious Reſtraints, like an inhuman Procruſtes, reinforſed them all with greater ſeverity, and withall commanded the Marſhall forth with under Pain of forfeiting his place, to lock your Remonſtrant up cloſe Priſoner in his Chamber, (which was never done before,) beſides a Centinell always placed at his Door, to keep all Officers, Souldiers of the Caſtle, as well as others, from him; and not to permit him to ſtir out of his Chamber with a Centinell but in his company, or ſpeak with any but in his preſence; Which being accordingly executed with all rigour, the Remonstrant thereupon firſt by Letters, and afterwards by diſcourſe before Officers, expoſtulated with him concerning this New Oppreſſion, as not only againſt your former Warrants, which …ad not the words▪ cloſe Impriſonment, much leſſe in his Chamber, zA new Diſcovery, &c. p. 84. 86.in them, as the Order for his cloſe Impriſonment under the old …ouncel Table Lords had) but as an high contempt of your authority, and new Declaration …ignifi…d by Sir James, deſiring him, either preſently to right him therein himſelf, or to give him leave to compl…in thereof to you by writing; Whereunto he replyed, He would not take off theſe new nor the former reſtraints, but if he would complain thereof to you, and ſtate the matter of fact truly …y writing, he would not only f…eely ſend, but aſſiſt it too: Which he doing accordingly, and directing it to Sir Iames to communicate to you, on his be…alf, ſent the draught thereof to him by the Marſh…l, to peruſe and rectifie, if m…ſtaken in any thing; a…d then to ſend it away according to his prom…ſ; who after perſual thereof, peremptorily refu…ed, either to ſend, correct, except against, or reſtore it; ſtopping his other Letters to Sir Iames (though twice alterd to his mind) complaining of this miſcariage, & intreating him, to certifie under his hand, whether he uſed any ſuch words or Declaration to his friend or no, as aforementioned; he having in a bravado, to palliate this his Tyranny, laid 5l. to 12 d. with the Priſoner (who delivered him 12d. in the preſence of his Officers, which he was to make 5 l. in money, if ſuch words were uſed) …hat Sir Ja. never spake ſuch words to his F…i nd as were contained in his Letter, promiſing to give him leave to write to Sir James and his friend to that end; and yet ſtaying his Letters to both, when written, and denying either to alter them, or write himſelf to that purpoſe, or reſtore the 12 d. received, or to draw up the differences himſelf, and preſent them to you; continuing him thus above 6 weeks Priſoner under lock and key, in his cloſe littl… Chamber, to the great impairing of his health, (ſo as his appetite and digeſtion was quite loſt for ſeveral weeks, inſomuch that he could not eat or …igeſt the Leg or Wing of a Chicken, nor any meat elſe but a little broth) and leaving him (ſo remote from his friends) in this ſad condition, deſtitute of all means of complaint or relief herein, till Captain Coſens Deputy Governour in his abſence (uſing him more civilly like a Gentleman) ſince Shrubſols occaſions drew him hence to London, enlarged him from this cloſe reſtraint, to enjoy the freedome of the Caſtle, the purity of Gods publick Ordinances, and ſending of Letters, when firſt approved by himſelf, ſuch a Ward and School boy is he, yet to this very hour, under your Free-State, even after the Court of Wards quite voted down.
And whereas all Collonels and Gentlemen heretofore in actual Arms againſt the Parliament here, or elſewhere, ſecured (in their proper Counties only, not in foraign) in the late times of danger, were a full year ſince enlarged from their far more favourable reſtraints than his, by your general Order, and many Theeves, Felons, legally deſerving death, both pardoned and ſet free, without any Petitions to you from them; and not only diverſe Popiſh Recuſants in A…mes, but ſome Popiſh Pr…eſts and Jeſuites, impriſoned before your Government, abſolutely releaſed under it, yea exempted from the very Oaths of Supremacy and Allegiance a1 Eliz▪ c. 2. 5 Eliz. c. 1. 3 Jac. c. 4, 5. 7▪ Jac. c. 6. 17 Caroli. The Act for Triennial Parliaments.(ſpecially provided, preſcribed by the wiſdom of many pious Parliaments, for the detection and prevention of their manifold treaſonable practices againſt our Realms, Princes, Parliaments, Government, Laws, Liberties and Religion) from ſome if not all old penal Laws, formerly made, and thoſe bSee the printed P…opoſi…ions ſent to the▪ King the laſt Treaty, & m… Speech in Parl. p. 57, 58.5 new excellent Bills and Oaths of Abjuration▪ for their better, ſpeedier diſcovery, a…d ſuppreſſion, ſo cExact Coll…ction, p. 20. 208. 309. 9▪ 8, 909, 911.earneſtly preſſed by our late zealous Parliaments, and conſented too by the late King (ſo dExact Col. p. 1, 4, 5, 12, 13. 665, 669.much taxed by you for indulgence towards them) in the laſt Treaty without ſcruple, yet ſince quite buried with …im in oblivion, and ſome of them (unwittingly, as is conceived) entertained as Troopers, Souldiers in pay in your very Guards, for want of ſuch ſtrict inquiries after them, and ſuch meanes to prevent their coming over, and to detect them as formerly; and not one of them (for oug…t he can hear) cloſe impriſoned (if impriſoned at all) in remote Caſtles, under ſuch Guards, Centinels, Reſtraints, as his forementioned; though in eExact Col. p. 1 to 21. 91, 98. 106, 108, 145, 199. 206, 207. 308, 310. 461 to 465. 490, 491, 492. 508, 516, 567, 570, 574. 616, 625, 628, 637, 639, 640, 648, 651 to 656, 659, to 754, 755 764, 769, 786. 813, 814, 816, 827, 832, 834, 845, 861, 890, 891, 896, 902, 904, 907 to 919, 932. A Collection of O…dinances, p. 23. 30, 39. 95, 96, 97, 98. 167, 169, 185, 187. 203, 204, 210, 217, 218, 227, 249, to 267, 275, 283, 309, 310, 314, 360, 363, 371, 379. 412, 413, 417, 424, 432, 457, 458, 470, 483. 514, 517, 537, 548, 576. 616, 623, 624, 666. 704, 705, 706, 724, 761, to 829, 834, to 870, 872, 880, 883. Appendix p. 1. 15▪near one hundred printed Declarations of Parliament▪ remonſtrated to the World, to be the Original Contrivers, the chief Incendiaries, Fomentors, Promoters of the firſt late Warres between Scotland and England, and the late King and Parliament, of purpoſe thereby to ſubvert the Proteſtant Religion both at home and ab…oad, deſtroy that laſt, and all future Parliaments, our Lawes, Liberties, and former ſetled Government, and introduce Popery, Anarchy, Slavery and Military Tyr… …y in their pl…c…s: Whereupon they are grown ſo audacious, as not only ſecretly to infuſe their Jeſuitical Tenents, Pract…ces, Poli…icks of moſt dangerous conſequence (expr…ſſed in ſundry former f5 El. c. 1 13 El. c. 1. 23 El. c. 1. 27 El… ▪ c. 2.Acts of P…rliament purpoſely enacted to prevent them) into the Souldiery a…d Pe…ple▪ now much infected with them, but likewiſe by their inſtruments, to tranſlate, print and vend publiquely, throughout the Nation (without Inhibition or Puniſhment) their Jeſuitical Books even in folio; profeſſedly aſſ…rting, both th… Popes Sup…emacy, pra…ing to Saints and Angels, Purgatory, Maſſe, Tranſubſtantiation, and all other points of groſſeſt Popery for undoubted Truths neceſſary to Salvation, and alſo poſitively maintaining our true Proteſtant Religion to be groſſe Hereſie, and our late famous Queen Elizabeth, with all true profeſſors thereof, to be damnable Hereticks: Witneſſe the Jeſuite Edmond Cauſin his Holy Court, printed in ſeveral folio Tomes in London it ſelf (tranſlated into Engliſh by Papiſts, Jeſui…es, and dedicated to the two greateſt Female Papiſts▪ Queen Mary, and the Dutcheſſe of Buckingham) ſold publikely under your Noſes, and elſewhere, with the very Jeſuites badge S. I. (S…cietatis Ieſis) in Capitals, in the Title Page; and this bold ſubſcription, Printed at London by William Bently, Anno 1650. (ſince his cloſe impriſonment by you) and are to be ſold by Iohn Williams in Pauls Churchyard; where all theſe Popiſh Tenents are largely maintained, to the great Scandal and Offence of all true Proteſtants, as you may read at leiſure▪ Tom. 1. p. 30 to 38▪ 63, 64, 68, 74, 75▪ Tom. 2. p. 168. Tom. 3. p. 425 to 430. 461, 462. Tom. 5. p. 173, 174. 304 to 319 The Angel of Peace to all Chriſtian Princes, p. 10, 11, and elſewhere; to omit all other Ieſui…ical, Arminian, Popiſh Erroneous Books against our Religion, now publikely written, printed, vended *See the Stationers Reaco… fired.(by thouſands) under you with impunity, though ſo lately charged, preſſed by the whole Houſe of Commons *See Canterburies Doom, p. 26, 27. 178 to 350.againſt Canterbury as an Article of High Treaſon, for which amongſt others he loſt his head, by Iudgement of Parliament, and your own concurrent Votes and Approbations. Yet he who out of pure love, zeal to his God, true Religion, Country, Parliaments, hath conſtantly ſtuck unto, and written moſt of any man in times of greateſt need and danger, in defence of the juſt gIn his Soveraign power of Parliaments and Kingdoms.Power, Rights, Privileges of our true Engliſh Parliaments and Nation againſt all Opponents; againſt all late introduced hIn his Pe…petuity of a Regenerate mans eſtate, Anti-A…m…aniſme, &c.Arminian, iIn his Breviate, Coſens cozening Devotions, Quench coal, Lame Giles his Haltings. A Pleaſant Purge for a Roman Catholike, Romes Maſter-P…ece, The Popiſh Royal Favourite, Hidden works of Darkneſſe brought to publique Light, Antipathy of the Engliſh Prelacy, Cant. Doom▪ Speech in Parliament.Popiſh, Ieſuitical Errours, Doctrines, Ceremonies, Innovations, Books, and made the firſt, the fulleſt diſcoveries of and Oppoſitions in print of any man (with no little pains▪ coſt, loſſe, danger) againſt their manifold dangerous Books, Practices, Plots, Conſpiracies to undermine our Religion, Parliaments, Laws, Liberties, Government, and involve all Proteſtant Kingdoms, States, Churches, in bloody inteſtine wars, to their own mutual destruction, but theſe Ieſuites inſultation, exul…ation, and that by approbation, authority of Parliament, and moſt of your applauſes; And hath particularly informed ſome of you by Letters, ſince his reſtraints, of admired indulgences towards Prieſts, …eſuites; of one particular noted Ieſuite (who for a fortnights ſpace together diſputed with a friend of his at St. Omers, with 5 other Ieſuites more, about Auguſt 1649, ſince liſted a Trooper) in your Guards, and of this late printed Ieſuites folio Book, without any reformation or ſuppreſſion of either, upon his complaints thereof; during this their licentious Liberty and Freedom (to their grand Rejoycing Advantage, and the great Grief, Offence, of moſt really affected to our Religion, or the publike weal) without any cauſe, hearing, or releaſe, muſt be ſhut up and continued cloſe Priſoner by you, year after year, and ſent from one remote Caſtle to another▪ remoter and worſer than it, and there kept under ſtricteſt Guards, Centinels Reſtraints, and moſt injurious Dureſſes, as aforeſaid, without any hopes of releaſe; notwithſtanding his manifold Letters and Addreſſes to you joyntly and ſeverally (in ſuch a way as becomes him, though not by unworthy complyances in ſubmiſſion to the ſelf-created new Powers and Titles) complaining of theſe fore-remonſtrated Proceedings, Searches, Impriſonments, Tranſlations and Reſtraints in forraign Counties, Caſtles, under Souldiers, without any precedent Indictment, Tryal and Crime yet ſpecified, and undeniably manifeſting them to you, to be co…trary to all Laws of God, Nature, Nations, the Common L…w and Great Charter of England, and other forecited known Statute…, Iudgement…, Declarations, Reſolutions, R…monstrances, of all our late Parliaments, the expreſſe kA New D…ſcovery of the Prelates Tyranny. p. 141, 142.Votes and Reſolves of both Houſes of Parliament, in his own late particular caſe and others; the indubitable Birthright, Franchiſes of eve y Engliſh Freeman; of very dangerous Preſident, Conſeq…ence to Poſterity, and in ſundry reſpects far more exorbitantly unrighteous than his former Grievances and Impriſonments under the worſt of your diſcarded, condemned, decapitated Predeceſſors at Whitehall; as your own Judgements, Conſciences, upon peruſ…l hereof, cannot but acknowledge, before all Tribunals of God and Man.
And although he hath hereupon earneſtly preſſed you joyntly and ſeverally from time to time, both by Letters and Friends, for his own and the worlds ſatisfaction, to ſpecifie the true cauſe of theſe your rigorous, anomolous Proceedings, and wrongfull long Reſtraints (inconſiſtent with your manifold printed *In the Declaration of 17 Martii 1648, and others.Proteſts, for advancing every m…ns publike Liberty, and abandoning all Approaches towards aboliſhed pristine Tyranny) And if it be only for difference in Iudgement and Conſcience from you, concerning our late publique Charges and Affairs (the dangerous bloody Conſequences whereof ſince experimentally verified, he truly predicted in his printed Speech in Parliament, and other writings, not then credited by you) as he and others conjecture; that then he, and thoſe of his opinion, being the far greateſt part of the late undoubted Parliament and Engliſh Nation, and having by all Laws of God and Men, as juſt, as true, as real, full, large (if not l2▪ Sam. 19. 43.larger) an intereſt in the Republike, as thoſe in greateſt preſent power, and all others of a different Perſwaſion, being all mMagna Cha ta c. 29. and C…ks Inſtitutes thereon. 1 Sam. 8. 4, 19 20 22. 2 Sam. 19. 41, 42, 43. c. 16. 18. 2 K…ngs 2. 23, 24. 2 Chr. 23 t…oughout, c. 26. 1. 23 24. 25. c. 36. 1. The Lords and Comm…s Declaration 23 Oct…b. 1642. Exact Collect. p. 660. We muſt own it AS OUR DUTY, that the meaneſt of the Commonalty may enjoy their own Birthright Freedom and Liberty of the Laws of the Land, BEING EQUALLY INTITULED THEREUNTO WITH THE GREATEST SUBJECT.equally Engliſh Freemen and Peers herein, with you and them may not be prejudged, convinced, without a free Legal publike hearing, by meer Tyrannical violent Iron Arguments and Priſons alone, as hitherto we have been, but that you would like rational men pious Chriſtians, A…ſertors of Liberty of Conſcience and Common Freedom, admit him, for his own and their conviction and ſatisfaction (it miſtaken or erronious in our Judgements or Conſciences) to debate theſe our D…fferences of higheſt publike Concernment, in a free publike manner, by word or writing, in point of Divinity, Law, Reaſon, and true Sta…e-Policy, with all or any of the ableſt Divines, Lawyers, Scholars, Statesmen of a different Judgement from him, or elſe quietly to enjoy and follow the D ctates of his own reſolved Conſcience and Iudgement therein, without moleſtation, in this age, when not only Liberty but Licentiousneſſe of Conſcience, in the chiefeſt Principles of Religion, and moſt other thin gs, are ſo much practiſed and patroniſed: Or, if it be any real tranſcendent Crime againſt any known Law of the Land, deſerving ſuch ſeverities before hearing or tryal, or a Capital puniſhment after them (whereof he believeth himſelf really innocent in the impartial verdict of your own Conſciences) that then you would of Common Right and Iuſtice, according to Magna Charta, and other forecited Laws, without further delay or denial, bring him to a lawfull fair publike Tryal, by his Lawful Peers and Legal Iudges, in ſome uſual Court of Iuſtic…, before all the world, where he might openly make his full defence againſt your Charge; and thereupon be either juſtly condem ed, if guilty; or immediately enlarged, repaired for all his forementioned injurious Sufferings, Impriſonments, and his Dammages thereby ſuſtained, if found Guiltleſſe; or elſe abſolutely releaſed (as well as impriſoned by you) without tryal, and repaired by his yet unknown clandeſtine malitious Accuſers, if you have no ſuch real actual Crime to charge againſt him; Or, if neither of theſe might be granted under your Free-State, never yet denyed any Engliſh Freeman under the greateſt former Regal Tyranny; that then you would either permit him Free Liberty to tranſport himſelf into ſome ſtrange foraign Climate, if unworthy to breath freely in his own Native Country, after all his unrecompenſed faithfull eminent Services, Loſſes, Sufferings for it, where he hopes to find better uſage, and more Freedom, Iuſtice, amidſt meer Strangers and Foraigners, than he had yet enjoyed under profeſſed Popiſh Prelatical Enemies heretofore, or pretended late Chriſtian reall Friends in power ſince; Or otherwiſe, if you are reſolved to wear out the ſhort Remainder of his expiring Life in remote obſcure Priſons with…ut tryal or hearing, of purpoſe to hinder him from doing the Church of God or his Native Country any further ſervice in this world, when others are acting ſo much miſchief and treaſon againſt them both; that then, according to Iuſtice and ancient Practice under our Kings, you would afford him a Competent Allowance of Diet, in ſome more convenient uſual Priſon than this, where he might have all fitting Accommodations in health and ſickneſſe: Or otherwiſe forthwith pay him the 800l. publike Debt long due unto him as a Contractor (for which he never yet received one farthing, though he thereby loſt and expended many pounds, beſides his pains) or order him ſome of his voted Dammages to be paid him by his former unrighteous Cenſurers ſitting amongſt you, to help defray his Debts, and extraordinary Priſon expences, having exhauſted his private eſtate for the publike, and to defray his extraordinary Priſon expences, and loſt the Practice of his very Calling, to ſupport him, by your ſtrict Dureſſes; And albeit his only Siſter (out of her natural affection to him, without his privity) hath thrice humbly Petitioned you (as he hath heard) and others of his Friends oft earneſtly ſollicited and petitioned you on his behalf to the like effect; yet hitherto (ſuch is his unhappineſſe, or rather your hard-heartedneſſe, as ſome eſteem it) that he and they could never hitherto receive the leaſt ſatisfactory Anſwer, to all or any of theſe his juſt Demands, being ſtill continued a cloſe Priſoner by you, in ſundry reſpects, in this remote incommodious Caſtle; yea that which adds exceedingly to the Tranſcendency of your In uſtice, Oppreſſion, and Tyranny towards him, is this; That inſtead of enlarging, relieving, or anſwering his Siſters late Petitions to you in his behalf, you have very lately (as he is credibly informed) voted him out of his poor Recorderſhip of the City of Bath, to which he was about 5 years ſince (without his privity or ſollicitation, freely elected by the unanimous Vote of the whole City) and by two ſeveral Letters under all the Aldermens and Mayors hands importuned to accept it, er… he would imbrace it; And that on no other ground or cauſe, but only becauſe you have ſo long impriſoned him againſt all Law, without any cauſe yet expreſſed, before the leaſt hearing or complaint, againſt the expreſſe Letter of Magna Cha ta and other fundamental Laws; and that upon the motive of one of your Whitehall Members (his pretended great Friend and Servant) then in the Chair; who by his Letter in your Names writ to the City to elect a new Recorder in his place, being diſabled to execute it by your impriſonment of him; and withall particularly recommending his own Son in-Law Iames Aſh (a Weſtminſter Memb…r) to the Office; which being ſeconded by his own Fathers ſollicitation (another ſitting Member, his near Neighbour) thereupon he was without any juſtice, hearing, or other cauſe or tryal, contrary to the Great Charter, Petition of Right, and all Rules of Iuſtice, outed of his Recordſhip, his 4 years ſalary of x ls. per annum then in arrear detained from him (and never ſince paid him by the City) and this other Member intruded into his Place; ſu…h is your new Free-State Whitehall tranſcendent Iuſtice (worthy to be regiſtred for your Honour to all Poſterity) towards this Remonſtrant (inſtead of recompencing his former voted Dammages, Loſſes, Services for the publick) to his extraordinary Prejudice and Oppreſſion, the exceeding grief of his kinred, friends, and moſt religious truly publique ſpirited men; to the great rejoycing of his Ieſuitical and Prelatical Malignant Enemies, and no great honour to your Iuſtice or Government; And that only (as moſt conjecture) in imitation of the nA New Diſcovery of the Prelates Tyranny P. 86, 87, 88.Prelates heretofore, of purpoſe to diſable and …inder him from writing or publiſhing any thing more in Defence or vindication of our endangered, invaded Religion, Government, Laws, Liberties, Franchiſes, Properties, Freeholds, Lives, againſt the manifold new encrochments on them, and ſubverſions of them under pretext of their ſupport: or making any fr…ſh diſcoveries of the Jeſuites, Papists and their confederates, various plots and practiſes (now very rife and viſible) to undermine them; and engage our own and all other Proteſtant Kingdomes, States, Churches in deſtru ctiveunreconcilable Wars and differences, agreeth either to their mutuall and the Proteſtants Religions ruine; or to countermine theſe their deſignes, (as he hath done formerly to his power) Or elſe (as others conceive) to force him by tedious uncomfortable impriſonments, and extreame penury to turn a practicall Apoſtate and perjured abjurer of all his former Orthodox loyall Principles, Writings, Books, Oaths, Covenants, Proteſtations concerning King, Kingdome, Lawes, Liberties, Properties, Taxes, Parliaments, Government, oMaintained in his Soveraign power of Parliaments, licenced by the Commons. His plea for the Lords. The Levellers Levelled. Antiquity triumphing over Novelty. A brief Hiſtoricall Collection of the ancient Parliaments of England, and Prynne the Member reconciled to Prynne the Barriſter. Irēarches Redivivus.Lords hereditary just right to ſit, vote, judge in our Parliaments as Peers, and thereby to verifie all the Prelates malicious pNo Biſhop no King, &c. Conference of Hampton Court. The Biſhop of Downes Sermon. The antipathy of the Engliſh Prelacy to Unity and Monarchy: Epiſtle Dedicatory to the Parliament.Aſperſions upon all Puritans in generall, and himſelf in particular, in their two late Starchamber Bils and Speeches there exhibited againſt him, and render him really guilty of beheaded Canterburies Treaſons in an higher degree then he, (after his injoyned printing and publication of his qC…nterburies Doome, Written and Printed by their ſpeciall Order.Charge, Tryall and Condemnation for them, by the Commons Houſe ſpeciall Order) to his eternall infamy here, and damnation hereafter; neither of which, through the aſſiſtance of heaven, no Priſons, Tortures, Powers on earth, ſhall ever compell or perſwade him to do; or in caſe of his reſolved Non-compliance herein, under ſeigned Machivilian pretexts of his wilfull obſtinacy, and contempt of your new-created authority (whoſe legality it muſt be no leſſe then High Treaſon, for him to diſpute in law or conſcience, being now as abſolutely to be ſubmitted to by all men as the Popes it ſelf in Rome, by an implicit faith, and blinde obedience) even to rPſal. 69. 19, 20.break his heart with grief, if poſſible, by depriving him of the comfort of his Friends, Kindred, Books, Calling, all free converſe with men by Letters or conference, all publick Truſts, and private uſefull imployments, to paſſe▪ away his ſolitary houres, laying him quite aſide, like a▪ ſPſal. 31. 12.broken uſeleſſe veſſell, reſtraining him under ſtricteſt Gards, as the moſt dangerous enemy, inſtrument to his Countries weal, after all his reall loſſes, ſtudies, ſufferings, for its benefit; whoſe trueſt welfare he hath ever cordially ſtudied to his private prejudice, (whiles others under pretext thereof, have tPhil. 2. 20, 21, 22.wholly ſought their own particular emoluments, to its irreparable dammage, if Vox Populi be truth) and by ſuch ingratefull uſage, ill requitals of all his former merits, by his very late pretended uPſal. 55. 12, 13, 14.friends, to haſten his paſſage from theſe ſtrong earthly purgatives to a better world. Or elſe if this plot prevail not, through Gods x2 Cor. 1. 4, 5, 6, 9, 10. C. 4, 8, 9, 10.ſupporting power, as hither it hath not; to ſtarve or kill him outright in forain incommodious priſons, for want of legall matter or proof, to take away his head, after your Whitehall Predeceſſors double cropping off his ears, as ſome of his friends conceive: You having of late refuſed (as he is informed) to receive any more Petitions in his behalfe, from his own Siſter or any others, or to releaſe or remove him from his ill winter priſon; or to pay his publick debt, allow him diet, or do him any common right, or justice; (which though due yRex Omnibus & ſingulis Regni ſui Juſti…iae eſt debitor. Regiſter of Writs, and the Prologues of our ancient Statutes. Exact Collection, p. 494, 498, 712, 713, 714, 660.Ex officio mero from all Kings, Powers, Governments, Magiſtrates whatſoever; by the z1 Sam. 8. 5, 20. 2 Sam. 23. 3. 1 King. 16. 9. Chap. 10. 9. 2 Chron. 8 9. Chap▪ 10▪ 5, 6, 7. 2 Sam. 8. 15. Chap 15. 2, 5. Pſal. 82 3. Prov. 8. 15. Jer. 7. 5. Chap. 23. 5. Chap. 33. 15.Lawes of God, Nature, Nations, and Oaths to their meanest ſubjects; and particularly by our own Kings, Judges, Juſtices, and great Officers▪ uſuall aExact Collection, p. 268, 269, 290, 291, 36…, 370, 706, to 716. 18, & 20. E. 3. Raſtall Juſtices. Totel… Magna Charta.▪Oathes; the great Charters and other Statutes reſolutions, to every Engliſh freeman) upon their reſpective demands of, or motions for it, (yea upon bare information from others bBrookes Office des Court. Job 29. 12, to 18. Iſa. 65. 1.without any ſuit or motion by, for, or from the oppreſſed, injured parties, (in ſuch caſes as his is) without any formall Petition to them for it, as the cQueſtus eſt Nobis I. S. ex gravi querela I. S. occepimus, Petit Judicium, &c. Regiſter of Writs; and Natura Brevium.Formes of moſt legall Writs (ſued forth of courſe) and moſt Plaints and Declarations manifeſt; every reall demand of right by word or writing being in truth, a reall Petition for it (and every Petition of Right but a more baſhfull demand thereof) as all dCal…pine Holi…k…, Rider, Eliot, Calvini Lexicon Medicum.Dictionaries in the words, Peto, Petitio; the uſuall Law phraſes eRegiſter of Writs. Natura Brevium. Old and new Books of Entries, and all Declarations, &c.Petere Debitum, Petere Judicium, &c. the ordinary motions of the Councell or Parties in all our Courts of Juſtice, for Law or Right, without written or verball Petitions for them; and the fLuk. 18. 1, 2, 3, &c. Mat. 7. 7, to 13. 1 Joh. 5. 15.Scripture it ſelf reſolve) yet ſuch is your unparalleld injuſtice toward him that unleſſe he will preſent a ſubmiſſive Petition to you, after the new mode (wherewith he is unacquainted) ſubſcribed with his own hand, you will neither releaſe nor right him in any kind. Which, as it ſeems very ſtrange unto him, he deſiring not meer grace or mercy from you, but only common known right and Juſtice againſt undeniable oppreſſions by your ſelves and inſtruments; ſo all his former Letters and his friends addreſſes to you, being reall, legall, though not formall Petitions for right and juſtice (yet denied him) and formall Petitions even for right it ſelf by the reſolution of our gFitzherbert, Brooke, Aſh, Title, Petition and Prerogative.Law-books, the Records of our ancient Parliaments, and late Petition of Right; Petitions of this nature being originally due to our Engliſh Kings alone, as their unſeparable regall prerogative; not to any Subjects whatſoever, nor yet to the very Houſe of Lords, Commons, or any other Courts of Juſtice, Councell, Judges, Juſtices, Great Officers or Grandees whatſoever, being no King but Subjects; which anciently were but the inferiour peoples hands, or Maſters of Requeſts to hSee the beginning of moſt ancient Parliament Rols; Title, Receivers of Petitions to the King only, not them; and the Kings Anſwers to the Petitions of the Lords and Commons.receive and preſent their formall Petitions to our Kings both in and out of Parliament; and had no other Bils of Parliaments, but meer Petitions of Right or Grace to the King, whoſe i1 Jac. c. 1. Cokes 4. Inſtit. c. 1. Brooke Title Parliaments. Cromptons Juriſdiction of Courts, Title Parliaments. Sir Tho. Smith, De Republica Angl. l 2. c. 2, 3, 4. Mr. Hackwels manner of paſſing Bils in Parliament. The Petition of Right 3. Car. Exact Collection, p. 163, 164, 250, 310, 311, 317, 319, 320, 468, 477, 764, 768, 794, 872, 873. A Collection of Ordinances, 221, 222, &c. 110, 111, 756, 757.Royall anſwer to them (by way of conceſſion) made them Acts, Lawes, and his diſaſſent meer Nullities, as our old Parliament Records, and the late Petition of Right 3. Caroli, reſolve. Which tranſcendent Prerogative of our Kings alone, by Law (of meer Right, incommunicable to any other Subjects) he hopes you will not now arrogate to your ſelves, by enforcing him through dureſſe to a formall ſubmiſſive Petition to you as his Soveraignes, before you will enlarge, or do him common right or juſtice, having both aboliſhed, and publickly engaged your ſelves, and alſo others to your power againſt Kings and Kingſhip, as Tyrannicall, and overmajeſticall; and with them (as he conceives) both exploded and engaged againſt this their ſublime Prerogative of ſuing only by Petition even for common right; and that you will not ſtill detain him cloſe Priſoner upon this account alone, for not ſuing to you by Petition, for what is due to him, ex officio mero, as his kExact Collection, p. 660, 459, 28, 29, 852, 854.birthright without any ſuit at all, by all Laws of God and the Land, before any new Law or Statute made juſtly intitling you to this old regall preheminence. The rather, becauſe the Heathen Magiſtrates of Philippi, when upon the peoples bare accuſation of Paul and Silas, as l1 Theſſ 2. 2.Diſturbers of their City, and teachers of cuſtomes contrary to their Government, had taken and caſt them into Priſon, and commanded the Jaylor to keep them ſafely, without any legall Indictment or tryal, but for one ſingle night, were ſo juſt and reaſonable, as the very next morning (without their Petitioning for liberty) to ſend their Sergeants voluntarily to the priſon to releaſe and tell them, that they might depart their City in peace: And when as Paul (like a true magnanimous Chriſtian, carefull to preſerve his own liberty, yea and all the Romans too invaded by this injurious proceeding) thereupon replyed thus to their Sergeants; They have beaten us openly, being Romans and UNCONDEMNED, and CAST US INTO PRISON; and now do they thrust us out privately? (without reparation of this our indignity and ſhamefull uſage) Nay verily, but let them come themſelves aud fetch us out (with honour and confeſſion of their injuſtice, as they have caſt us in with ſhame) Whereupon the Sergeants relating his words to theſe Magiſtrates they mThe like we read of the Centurion who beat and impriſoned him, mentioned Act. 22. 24, to 30.feared, when they heard they were Romans; and in ſtead of expecting a Petition from them, by reaſon of their high Magiſtraticall authority, they came preſently to the Priſon, AND BESOUGHT (or petitioned THEM (to pardon and paſſe by this great injuſtice) AND BROUGHT THEM OUT OF PRISON, AND DESIRED (not imperiouſly commanded) them to depart out of the City. And hereupon they went out of the Priſon, and entred into the houſe of Lydia, viſited and comforted the Brethren there, and then departed, Act. 16. 12, to the end. And ſhould not you then who profeſſe your ſelves Saints of the higheſt forme, after your injurious ſearches, apprehenſions and other indignities offered to an Engliſh Freeman, Parliament-man, an eminent Servant too, and Martyr for the publick, a Chriſtian, a Patron of Religion, a Bencher of an Inne of Court (as honorable in each reſpect as any ancient Roman, and as much priviledged by our Lawes) and that not for one night onelyonly, but two whole years and three months cloſe impriſonment of him, even under ſtricter Gards then they, in three ſeverall Gariſons, now incite and engage you voluntarily to ſend your Officers hither, then enforce him to ſend to you, to ſet him free; and becauſe you have ſo much oppreſſed him, being better then a meer Roman, and ſo long caſt him into Priſon unheard and uncondemned, that you ſhould not now privily releaſe, nor extort an unworthy Petition from him before you ſet him free; but out of a conſcientious conſideration of your apparent injuries and injuſtice to him, and a true Chriſtian fear of a ſtrict account for it both to God and Man, if unrepented or unrepaired by you, imitate theſe Heathen Philippian Magiſtrates (whoſe preſident is recorded in the very Goſpell for this end) and now at laſt come your ſelves in perſon, and in ſtead of expecting his petition to you (who have done him ſo much injury, and more invaded the whole—Engliſh Nations, Priviledges, Liberties in his unrighteous ſufferings under you, then the Philippians did the Romans or St. Paul under them) beſeech and petition him to pardon and not to perſecute theſe your illegall extravagances, upon your unfeigned ſorrow for, and publick acknowledgement and reparation of them, and then to bring him out of his preſent Priſon, with as much publick joy and honour into London, as he was formerly brought in thither by ſome of your ſelves, and nA new Diſcovery, &c. p. 113, 114, 115.thouſands more from his long cloſe impriſonment by your Lordly Whitehall Predeceſſors, to all honeſt mens rejoycing, and the whole diſcontented Nations ſatisfaction, as well now as then, and Reparation of all violations of their common Rights and Liberties by the dangerous preſident of his late reſtraints, your yet unrevoked, uncancelled illegall warrants, deſerving as heavy a Parliamentary cenſure of condemnation, as any of your Predeceſſors illegall Warrants and Sentences againſt him, unanimouſly condemned, and for ever vacated, as repugnant to the forecited Lawes, Statutes, and deſtructive to the Subjects common Liberty by the oIbidem.. p. 141, 142.Votes of all the Commons Houſe, and concurrent judgement of the Houſe of Lords.
Upon ſerious conſideration whereof, as he cannot in prudence or conſcience, ſubmit to any ſuch extorted Petition to you, as you by plain dureſſe (againſt Law and Juſtice) would enforce from him, to the betraying of his own and the whole Nations Franchiſes and Birthrights, by ſo ill a preſident, ſo being injuriouſly deprived of all other legall means of pCoke Inſtit. on Magna Charta. c. 29. Brooke Habeas Corpus.Relief, by Habeas Corpus, or other writ or action of Law, of which common inherent qExact Collect. p. 8, 20, 28, 29, 450, 660, 652, 894.Birthright of all Engliſh freemen, he and all conſcientious non-engagers, (after all their late Loſſes, Sufferings, Writings, Fightings, expences of their ▪Eſtates, Treaſures, Blood, Faſts, Prayers, and ſtill continued inceſſant heavy contributions for the pretended juſt preſervation and defence thereof, by a new invented MONSTROUS PREMUNIRE (tranſcending, in his judgement▪ all unrighteous Acts, Edicts, Encroachments of regall Tyranny and injustice upon the peoples Rights and Franchiſes by behead…d King Charles, or any other of our Engliſh Kings) are moſt wrongfully diſinherited, and of the benefit, protection of all our Lawes in all Courts of juſtice, at one blow by you and others in power; againſt the expreſſe Letter of Magna Charta; the Petition of Right (aſſented to and ratified even by decapitated King Charles himſelf) the uſuall Oaths of all our Kings, Judges, Juſtices, Chancellers and great Officers heretofore, the late ſolemn Proteſtation, Vow, Covenant; all printed Declarations and Ordinances (concerning the Army or Monies) the laſt Parliament, your own Remonſtrance for altering our Kingly Government into a Free State, March 17. 1648. and ſundry other your publications ſince; and that without any hearing, Tryall, Crime, Conviction or juſt forfeiture thereof upon Record; as if he and they were now meer alien enemies in their Native Countrie; new villains in groſſe, or regardant only to you their fellow ſubjects in preſent power, even in your new-erected Free State, though never ſuch to or under their caſhiered Kings. Whereupon he is now neceſſitated, for regaining, preſerving his own, and all other Freeborn Engliſhmens juſt rights and Liberties (tranſcendently violated by theſe his illegalreſtraints, who hath written, ſuffered moſt of any man for their maintenance, which otherwiſe might and would be made a leading preſident to oppreſſe all or any others in the ſelf ſame kind) by way of finall addreſſe, to preſent unto you, this Large Remonſtrance of his ſeverall ſucceſſive Grievances, illegall reſtraints, cloſe impriſonments, preſſures under you and your Officers; (the only legall, reall petition you can in juſtice expect from him) whereby he doth (after his full two years and three months forementiond illegal cloſe impriſonments and Preſſures under you, before any legall Indictment, Tryall or Crime objected againſt him) once more joyntly and ſeverally demand from you and every of you of meer common right and Juſtice, without any further deniall or delay, his abſolute freedome and enlargement from all his preſent reſtraints, with full undelayed reparations for all his dammages, loſſes, expences ſustained thereby, and by all other his remonſtrated injuries from the authors and inſtruments of them, according to all the forecited Lawes, Statutes, Oathes, Protestations, Vowes, Covenants, Declarations, Remonſtrances, and your bounden duty by Gods own ſacred Edicts: And that he having already waſted above ten whole years of his ſhort expired life in ten ſeverall priſons, only for his free unmercenary defence of publick Liberty, Lawes and Religion, out of pure conſcience, zeal, duty, he may be no longer enforced without guilt or Tryall (upon any carnall State policies, or old rExact Collection, pag. 252, 278, 285, 289, 869, 871, 883, 885, 866, 559, 560.exploded Whitehall pretences of neceſſity, danger or publick ſafety (the damned Pleas for his former illegall cloſe impriſonments, ſufferings, exile, and his preſent likewiſe) to conſume the ſhort remainder of his declining dayes, (like a tMat. 5. 15. Luk. 8. 16. Chap. 10. 35.lighted candle under a buſhell, or (ſ) A new Diſcovery, p. 86, 87, 88.uPſal. 31. 12.a dead man out of minde, in obſcure Priſons, at fartheſt diſtance from his friends, where he can neither enjoy their ſweet ſociety, nor ſerve his God, his Countrey or private family with that freedome and improvement of his Talents for their beſt advantage, as he doth deſire; nor any longer detained priſoner under the cuſtody of ſuch Martiall Gardians, who are for the moſt part profeſſed enemies both to our Lawes, Lawyers, Miniſters, Miniſtry, Gods publick Ordinances, Sacraments, Churches, Chappels, Glebes, Tithes, and whatever elſe the piety or bounty of former times hath devoted to the maintenance of Gods worſhip, Religion or Learning; and therein to our Religion and Learning it ſelf, under a pretence of tranſcendent ſanctity, and a new monſtrous kind of zeal, to reforme Religion, propogate the Goſpell, and ſupport true Preachers of it, by the readieſt unrighteous, ſacrilegious, irreligious wayes that the Jeſuites or worſt enemies of the Goſpell could invent, eternally to extirpate it and all true Miniſters of it, now as violently and publickly, impiouſly purſued by them and ſome other Army Officers; contrary to the pious practiſes and ſacred preſidents, of all godly martiall Kings, Generals, Colonels, Captains of thouſands, hundreds, and Armies, recorded by God himſelf in the old and new Teſtament; who were ſo enamoured, raviſhed and eaten up with the love, zeal, beduty of Gods Houſe, Temple, Tabernacle, Sanctuary, publick ordinances, Worſhip, Prieſts, Ministers, ſo carefull to frequent, maintain, advance, encourage them, that they chearfully and bountifully contributed, not only the Tithes, Firſtfruites, and oblations of all their eſtates; but the very tenths of all their ſpoiles, with all the Pretious ſtones, Jewels, Ear rings, Rings, Chaines, Bracelets, Tablets, veſſels of gold and ſilver, Treaſures, Braſſe and Iron taken in the Wa…s, to the building, adorning, repairing of magnificent Tabernables, Temples, Houſes, Synagogues, Churches devoted to Gods publick ſervice, and maintaining of Gods publick worſhip, Miniſters, Priests, Levites and other Officers attending thereupon in theſe publick Edifices, to which they joyfully, conſtantly and zealouſly reſorted, without ſeparation from them: as Gen. 14. 20. Exod. 35. 20,—30. Ch. 38. 1,—10. Numb. 31. 28▪—54. 2 Sam. 8. 10, 11, 12. 1 Chron. 21. throughout. Ch. 26. 26, 27, 28. (a memorable text) Ch. 29. 1,—10. 2 Chron. 15. 11. Luk. 7. 1, 5, 6. Heb. 7. 4, 6. Pſal. 5. 7. & 21. 6. & 26. 8. & 27. 4. & 36. 8. & 42. 4. & 52. 8. & 55. 14. & 65. 4. & 66. 13. & 69. 9. & 84. throughout. & 42. 1, 2. & 116. 13. & 102. 1, 9. & 134. 1. & 135. 1. Iſa. 2. 2, 3. Mich. 4. 1, 2. Joh. 2. 16, 17, 18, 20. Luk. 2. 27, 37. Ch. 20. 1. Ch. 24. 53. Act. 2. 46. Ch. 3. 1, 8. Ch. 5. 20, 21. Rev. 7. 15. reſolve. To the ſhame of thoſe his irreligious Gardians of a different judgment and practiſe, who debarred him from all reſort to Gods publick Ordinances and Miniſters in the Pariſh Churches of the Gariſons wherein he hath been reſtrained, dedicated to Gods worſhip; and ſtill detain him cloſe Priſoner (as aforeſaid) by colour of this your void illegall Warrants bare Tranſcript, without date, thus ſubſcribed by them as a true Copy.
SIR,
WE have been informed, that Taunton is an unfit place for the impriſonment of Mr. Prynne, where he now is; we therefore deſire you to give order for the removall of the ſaid Mr. Prynne to Pendennis Caſtle; and that HE BE THERE KEPT UPON THE SAME WARRANT UPON WHICH HE HATH BEEN PRISONER AT DUNSTER CASTLE AND NOW AT TAUNTON, till further Order. And that whiles he is there in reſtraint, he may have liberty to go to the publick Odinances of Gods worſhip, if he ſhall deſire the ſame.
Signed in the Name and by Order of the Councell of State, by authority of Parliament. John Bradſhaw, Preſident.
This is a true Copy,
John Disbrowe.
This is a true Copy of the aforeſaid Copy,
Charles Shrubſoll.
This Copy only, or your Originall Warrant, (as the ſcience and conſcience of every Lawyer amongſt you, and his who ſigned it, muſt informe you) is meerl… void, illegall, and no juſtification for theſe his foremen…ioned Reſtraints or Impriſonment in Pendennis Caſtle, before any tribunall of God or Man, for theſe following Reaſons.
1. Becauſe contrary to all former Councell Table Warrants of this nature. All old Councell Table Orders, Warrants, for his and others impriſonments were fig… ed and ſubſcribed, not only by the Preſident alone, but by all the Lords and Councell conſenting to them then preſent, as by Law they ought, that ſo they might know all thoſe that Impriſoned them, and whether enough to make a Councell, and whether to bring their actions againſt all or any of them if wrongfully impriſoned; as you may read in A new Diſcovery of the Prelates Tyranny, pag. 9, 10, 15, 16, 18, 69, 85, 86, 90, to 97.
2. Becauſe this ſingle ſigning of Warrants by one of you alone againſt …ll Law and former Preſidents, diſenabling the Priſoner to know who they were who committed and tranſlated him from priſon to priſon, except the firſt and ſole ſubſcriber John Bradſhaw, (the reſt it ſeems being aſhamed to ſubſcribe or own it, or the former Warrants for his reſtraints, being ſo unjuſt and defective in Law) And the ſubſcriber alone being no Councell, and having no power ſolely to act any thing, but only, joyntly with ſuch a number of Aſſociates, who cannot tranſlate their power or truſt to him, but muſt execute it themſelves; This Warrant (and the former ſo ſigned) muſt needs be void in Law and unwarrantable, or elſe all John Bradſhawes companions, though abſent or diſſenting to its guilt, though iſſued in their Name and by their Order, without their parties or conſents.
3. Becauſe it contains no crime, nor juſt cauſe at all, for which he was formerly kept Priſoner at Dunſter Caſtle or Taunton, or ſince Impriſoned in Pendennis; as it ought to do by the expreſſe proviſion of the Petition of Right, and all ancient Statutes therein recited; the Votes and Reſolutions of Parliament in the large debates of that Petition, with all other Parliaments ſince; the Reſolves of both Houſes, and moſt of your ſelves in his owne and Mr. Burtons late caſes; the judgements of all our Judges, Law-books, and Sir Edward Cokes Inſtitutes on Magna Charta, Ch. 29. Printed by the Commons Houſe ſpeciall Order; and the Statute of 42 E. 3. c. 12. declaring all ſuch generall Warrants againſt theſe Statutes and Magna Charta, to be void and nul in Law to all intents.
4. Becauſe it is grounded upon no precedent legall Examination, Conviction of, or Proceſſe, or Indictment againſt him, as by theſe Statutes, Laws, Law-books, Reſolves it ought to be.
5. Becauſe it enjoynes (or rather deſires) him, to be kept Priſoner in Pendennis C…ſtle▪ not upon it, or any lawfull Warrant ſpecially directed unto the Governour thereof; but upon the ſame Warrant upon which he hath been Priſoner at Dunſter Caſtle, an… then was at Taunton, when this was iſſued. Which Warrant for his firſt impriſonment at Dunſter, being likewiſe generall and void in Law, becauſe it containeth no particular offence at all for which he was there impriſoned; and if good in Law, yet directed perſonally to Major Robinſon alone, then Governour of Dunſter Caſtle, and none other; not to Colonel Disbrow, or Captain Shrubſoll, or any Governour of Taunton or Pendennis Caſtle; and reſtraining him and his impriſonment only to Dunſter Caſtle, not to Taunton or Pendennis Caſtle, above 120 miles diſtant from the former, and ſituated in another Countrey. And your firſt Warrant being in Law quite nulled, expired, by your demoliſhing Dunſter Caſtle, and removing the Governour (Major Robinſon) and the whole Gariſon (who there kept, and to whom only you committed him) totally and finally thence; and he being no Priſoner at all at Taunton, upon that or any other Warrant from you; it is both impoſſible, abſurd, unwarrantable, illegall, and beyond all extravagant Preſidents of former times, to keep him up cloſe Priſoner ſo long in Pendennis Caſtle upon the ſame void, nulled, expired, illegall warrant only directed to others, upon which he hath been Priſoner at Dunſter Caſtle, to which it only confined him, but never really to Taunton; and it muſt needs be a great Soleciſme in Law and Clerk-ſhip at leaſt, if not in State policie, and Stateſmen, to… iſſue out ſuch a Warrant, and impriſon any intelligent Lawyer or Engliſh freeman in three remote Caſtles, under ſeverall Governours, by colour of one meer void illegall Warrant, to impriſon him only in and under one of them, a thing never heard of in the world before.
6. Becauſe it ordered him to be removed againſt his will, perforce, out of his one Native County, and ſent to, and kept Priſoner in a remote Caſtle, in a forain County, in the extreamest Western part of the Iſland, not properly belonging to the reſtraining juriſdiction of any Legall Court, Councell or Power by any known Law; where he can neither-be legally tryed, nor proceeded againſt for any reall or pretended crime only acted in other Countries, nor this, for which he is thus reſtrained; contrary to expreſſe Statutes of 5. E. 3. c▪ 8. 28. H. 8. c. 2. 5. H. 4. c. 10. 1. E. 1. c. 5. 4. H. 4. c. 13. 23. H 8. c. 9. 1. 2. Phil. Mar. c. 12. 21. E. 4. f. 71. Brook Impriſonment, 80. Proteſtation, 18. the late Votes and Reſolutions of Parliament, as well of the Commons as Lords, in his own and fellow-ſufferers caſes, ſent firſt cloſe Priſoners by the Star-chambers ſentence, and after by the old Councell Tables orders, to ſuch forain Caſtles, Priſons, againſt theſe acts and the ſubjects Liberty; for which ill preſident (now purſued and exceeded by you) both Houſes and moſt of your ſelves voted the Starchamber Lords, and your Whitehall Pred…ceſſors to be Delinquents, and to render—yA new Diſcovery. pag. 137, to 143. Damages to them, though done by and after a Bill and Sentence, when as ye now do it before any Sentence or Impeachment at all, much leſſe any hearing or ſentence againſt him.
7. Becauſe this Warrant is directed only to Colonel Disbrow, not commanding▪ but only deſiring him to give order for his removeall from Taunton to Pendenn is Caſtle, and that he be there kept upon the ſame Warrant upon which he hath been Priſoner at Dunſter and then at Taunton. Which Colonel being no known ſworn Officer of Law or Juſtice in the Counties of Somerſet or Cornwall; but only a Military Commander, and he being no Priſoner of Warre, or Souldier, ſubject by any Law of England to his Military power; nor yet his Priſoner there, or ſince that time; and this Letter of yours (rather then Warrant) making his inherent power and Order alone, the only authority both for his remove and reſtraint at Pendennis, without any ſpeciall or legall derivation of any ſuch power from yourſelves, (who in truth have no more lawfull power for it then he, who had none at all;) Therefore it can in no Court of Law or Juſtice, be any legall Warrant for a Colonel or any other, to remove him hither, or detain him Priſoner here, upon it, or the former Warrant.
8. Becauſe the ſole ground for his remove from Taunton, within his native County, to this forain County and Priſon, is only a bare information to you, without hearing of him to diſprove it; That Taunton is an unfit place for his Impriſonment, which as it is no crime, nor ground at all in it ſelf for his impriſonment elſewhere; ſo it is a ſtrong Argument of the injustice of his impriſonment at Taunton, and of your warrant, and of his tranſlation to and impriſonment in Pendennis Caſtle in the remoteſt County; it affording no ſuch fitting accommodations in any kind for his ſoul or body in ſickneſſe or health (whe reof it is wholly deſtitute) as Taunton doth; and being a meer private Caſtle only in a forain Shire, not a Market Town, where the Aſſizes and Seſſions are uſually held (as Taunton is;) wherein alone all Priſons and Priſoners in all Counties ought to kept, under known ſworn Gaolers and Officers, (not in private Caſtles under Souldiers) by the expreſſe Statutes of 5. E. 3. c. 8. 5. H. 7. c. 10. 23. H. 8. c. 2. and that for their better relief, accommodation, ſecurity and more frequent viſits by their friends. Therefore this muſt be a far juſter ground for you to releaſe or to tranſlate him from Pendennis now, then to ſend him thither at the firſt, or detaining him ſtill cloſe Priſoner there.
9. Becauſe neither this nor the former Warrant is directed to the Governour or any other Officer of Pendennis Caſtle, to detain him Priſoner there; as by Law it ought to be; for the firſt warrant is directed by you only to Major Robinſon, the ſecond only to Colonel Disbrow; who are neither Military nor Civil Governours nor Officers in Pendennis, and keep your originall Warrants for their own indemnity, ſending only a bare copy of them, (without time or date) to the Governour of Pe…dennis (to whom neither of them are directed by you) to detain him Priſoner by, which can be no Plea nor Warrant in Law in any Court to juſtifie his impriſonment in this place by Captain Shrubſoll, who yet without any other Warrant but this Copy alone of yours to Disbrow, hath injuriouſly—reſtrained, oppreſſed and cloſe impriſoned, and kept him from Gods publick Ordinances, as aforeſaid, beyond and againſt all Warrants, by colour only of this his dateleſſe Copy forecited.
10. Becauſe this Warrant doth not ſo much as mention his known Chriſtian name WILLIAM, as by Law it ought; but his Surname only; nor ſo much as expreſly command him, to be kept Priſoner, but barely kept at Pendennis Caſtle (which he may be, and yet not as a Priſoner, or cloſe Priſoner) upon the ſame (void, illegall, expired) Warrant, upon which he hath been Priſoner at Dunſter: Beſides it neither commands or requires, but only deſires Colonel Disbrow, that he may be removed and kept here; not for any certain time, or till delivered by Law, or brought to his legall Tryall for that (nothing in this warrant) for which he ſtands here committed; but meerly, till further Order from you; (which may be till death or doomeſday, if you pleaſe, and yet ſeem to reſolve:) for all which cauſes (as well as the former) it is both void and illegall, as Sir Edward Coke reſolves in his Inſtitutes on Magna Charta, c. 29. ratified by the Commons own Order for its impreſſion.
11. Becauſe it gives no expreſſe command nor precept, either for his tranſlation hither or reſtraint here▪ nor concludes as all legall Warrants do; And for your ſo doing this ſhall be your Warrant, and hereof fail not, at your perill; but barely deſires his removall by Disbrow and keeping here, rather as a cuorteſie then commanded duty; concluding only▪ And WE DESIRE YOU to certifie (any other as well as you, for us is not expreſſed if intended) what you ſhall do herein, in his removall thither; not in his keeping there, where he is no Officer nor Governour. Therefore illegall and no Warrant at all.
12. Becauſe if this Copy be true (as they both atteſt under their hands) then this Warrant hath neither time when, nor place where it was dated▪ nor perſon to whom it was directed. Therefore illegall, null, invalid.
Now how much it will redound to the Honour of your wiſdome, juſtice, reputation of your Clerks and thoſe Lawyers aſſociated with you, to adviſe you in points of▪ Law, to iſſue forth ſuch a def…ctive, null, void, illegall, abſurd, imp…ſſible, nugatory Warrant, as this in all the 12. forecited regards, and ſo long to reſtrain, impriſon, cloſe impriſon him in this remote Caſtle upon a bare Copy thereof, and ſtill to detain him Priſoner thereupon, notwithſtanding all former addreſſes to you by himſelf or friends for his enlargement hence; and what all rationall men in preſent, in future ages will judge of your ſtrange exorbitant proceedings of ſuch nature, or how you will clear, juſtifie or excuſe them before any future Parliament or new (pretended, but as moſt now think never really intended) Repreſentative of the Nation (ſo often promiſed, but ſtill as long deferred as his liberty) or any other impartiall Court of Juſtice on earth, if ever there legally examined upon complaint; or before Chriſts own inpartiall, z2 Cor. 5. 10. Read Maſter Strongs his Printed Sermon thereon.unavoidable Tribun…ll at laſt, where you muſt ſhortly render a ſtrict account thereof to this Righteous Judge of all the earth (without any armed Gardians to ſecure you againſt his Juſtice) in the preſence of aMat. 25. 31, 32. 2 Theſſ. 1▪ 7, 8, 9, Jude 14, 15. Jer. 51. 6, 11.all his holy Angels, and the whole world of Mankinde; Where himſelf hath reſolved beforehand in his very Goſpell, that he will paſſe this irrevocable ſentence againſt all ſuch who only refuſe or neglect to reſort unto, viſit, feed, cloth and relieve his impriſoned believing members for this their bare omiſſion: Go ye curſed into everlaſting fire, prepared for the Devill and his Angels: FOR I WAS SICK AND IN PRISON AND YE VISITED ME NOT, &c. And will therefore certainly pronounce a ſeverer doom againſt all ſuch unrighteous Grandees who actually without cauſe, crime, tryall, maliciouſly caſt his formerly ſuffering members into Priſons and detain them cloſe Priſoners, under terrifying armed Gards and Sentinels in remote obſcure Caſtles, far from all friends or acquaintance, of purpoſe to diſable, deter all others from viſiting, feeding, clothing, and relieving, comforting them in their neceſſities, or ſickneſſe therein, and yet year after year moſt inhumanly refuſe upon their Oaths, frequent ſad complaints and impo…tunities, to releaſe, viſite, relieve, or right them. And what you will then be able to alledge for your ſelves to prevent any human cenſures here, or ſuch a fatall ſentence from Chriſts own mouth hereafter for the premiſes, he moſt ſeriouſly refers to your own awaked conſciences, and moſt ſerious contemplations, if now after this his Remonstrance and full information of your Warrants Illegality and Nullity, by which he hath been reſtrained, you ſhall wilfully neglect or peremptorily refuſe immediately to releaſe and fully to repair him; who by colour thereof hath been kept a cloſ…r Priſoner under you, before any charge or hearing, then formerly under your tyrannicall condemned Predeceſſors at Whitehall, after two bils, hearings and their ſevereſt cenſures; and denyed ſo much Priſon freedome, as very Popiſh Prieſts and Jeſuites formerly obtained, did and ſtill enjoy (if you have any ſuch now Priſoners) under your Regency even in their very ſtricteſt priſons when convicted, condemned even of the greateſt higheſ… treaſons both againſt King and Kingdome.
And ſeeing you have freſhly exhorted, enjoyned all ſorts of perſon in the Nation to make publick and private confeſſions to God of all their perſonall and nationall ſins, which have provoked his wrath, kindled new warres with our very formerly confederated Brethren, and threaten many heavy judgements to the Nation if not cordially lamented, ſpeedily and really reformed; and for this end have appointed a generall ſolemne Faſt and day of Humiliation on the 13. of October next, to divert Gods incumbent imminent judgements, and procure peace.
And for as much as God himſelfe, the God of bIſa. 26. 9, 11.Judgements, cPſal. 94. 1, 2, &c. Rom. 12. 19.Vengeance, dExod. 15. 3. Iſa. 45. 7.Warre, ePſal. 59. 10. 17.Mercy, fRom. 15. 33. 16. 20. 2 Cor. 13. 11.Peace, hath frequently declared in his ſacred Oracles, that gPſal. 12. 5. & 72▪ 4. Iſa. 49 26. Jer. 6. 6. & 22. 15, to 20. & 51▪ 35, 36. Ezek. 7 11, to 25. & 8▪ 17, 18 & 12. 19, 20. & 21. 6, 7, 8, 9, 12, 13, 20, 21, 29, 30▪ & 45 9. Iſa 33. 1, 2. Jer. 22. Job 20. 15, to 29. Amos 2. 1, 2, 3▪ &c & 3. throughout. Hab. 2. 7, 8▪ …oel 3. 19. Obad. 8. 9, 10, to 21. Zeph. 3. 5, 6. L…k. 3. 19, 20▪ Act. 12 1, to 10. Exod. 3, 7, 8. & 2. 23, 24, 25. Mat. 25▪ 41, 42, 43.Oppreſſion, Inj…ſtice, Violen…e, Spoyle, Cruelty; depriving any of their juſt Liberties, Rights, Inheritances, Eſtates, by meer arbitrary Power, and the oppreſſing Sword, without juſt cauſe, Right, Title or Legal tryall impoſing heavy y…akes of bondage on the neckes, and intolerable burthens on the backs, Eſtates of men by illegall Taxes or Exactions, (next to Apoſtaſie, and moſt groſſe Idolatry) are the greateſt Wrath-procuring, State▪ſubverting, Realm-deſtroying, Warre-ingendring, Land-deſolating, Soul condemning ſins of all others, which have utterly deſtroyed, ſubverted, extirpated and brought to nought, not only many potent Kings, Princes, Potentates, Nobles, Grandees of all ſorts with their poſterities, but even whole Kingdomes, States, Republicks, beyond all humane probability, as the Hiſtories of all former ages, and recent Preſidents of your immediate Whitehall Predeceſſors, experimentally confirm▪ whoſe injurious oppreſſive proceedings, Sentences againſt hSee Exact▪ Collection p. 917, 918. An Ordinance of the Lords and Commons …xhorting all to Repentance, Confeſſion and Humiliation for our enormous ſins procuring Gods wrath.him, cauſeleſſe long impriſonments of…this Remonſtrant, were one iA New Diſcovery of the Prelates tyranny p. 115, 116.principall occaſion of their downfall, and of that very Star-chamber Court wherein they cenſured him. And becauſe God hath likewiſe poſitively reſolved Iſa. 58. 6, 7, 8. That this is the chiefeſt, the only faſt which he hath choſen, and appointed, to pacifie his wrath, avert his judgements, ceaſe all Warres, reſtore, eſtabliſh Wealth, Peace, Setlement and proſperity (the proper effects, fruites of kIſa 32. 17.Righteouſneſſe and true Juſtice) to an afflicted Realm or Nation, to looſe the bonds of wickedneſſe (and ſuch are all injurious, illegall Warrants, cloſe Impriſonments, Reſtraints, and his fore-remonſtrated in the higheſt degreen;) to undoe the heavy burdens (and are not his, and the other long continued unwarrantable publick Taxes, Exciſes, extraordinary Priſon expences, and grievou… unredreſſed preſſures impoſ…d by you, ſuch▪) to let the oppreſſed go free (and is not he ſuch an one in the higheſt degree, as well now as hereto…ore, in his perſon, freedome, calling, eſtate, friends, and all earthly comforts▪ by your forain cloſe impriſonments ſo long continued on him, after all his ancient oppreſſions?) and that ye break every yoak (and are not his preſent reſtraints from all free private or publick converſe with any rankes of men by word or writing, by muing him up in for…in Priſons, under armed Guards, Centinels, debarring him from all Gods own Ordinances, all legall wayes or writs for his enlargement, yoaks, nay iron yoaks to him? Your keeping o… him and the whole Nation ſo many years together▪ when the King and both Houſes lSee the Vindication of the ſecured and ſecluded Members, and my Speech in Parliament.would and might have ſetled a moſt deſired bleſſed Peace without further armes or bloud-ſhed, under the over…wing, Parliament-ſubverting, Law-oppreſſing Sword, Power, Diſcipline of a diſobedient Army, ſubverting thoſe very ends, powers, perſons, for whoſe preſervation and defence they were profeſſedly raiſed, waged, continuing them ſtill in extraordinary pay, both Winter and Summer, with little or no diminution of their number, to the totall conſumption of all the Lands, Rents, Revenues of Archbiſhops, Biſhops, Deanes, Chapters, King, Queen, Prince, of many thouſands of Delinquents, the mJer▪ 46. 16. & 50. 16.undoing of ſome thouſands of well affected perſons, the generall impoveriſhing of moſt men throughout the Nation, and threatning a ſpeedy conſumption of all yet remaining—if longer continued, and that rather to enſlave then enfranchiſe us; to promote their own Officers and others private Wealth, Greatneſſe, then our reall, publick weal, liberty, ſafety, or our Religion: The maintaining of many ſuperfluous Gariſons, Caſtles, more to impriſon, ſecure him, and the other cauſeleſſe Priſoners in them, then defend the Nation by them; the uſefulleſt of them, even at the entrance of our chiefeſt Harbours, being experimentally found to be meer Scare-crowes, to fright cowardly unexperienced Seamen only; but unable with all their mounted Canons (diſcharged ſuddenly if there be occaſion only one by one, at Rovers and great uncertain diſtance, and that but once or twice at moſt with round bals, by none of the skilfuleſt Gunners) unable to hit (unleſſe by chance) much leſſe to ſtop, hurt, ſpoyle, ſtrike any ſingle Ship or Veſſell paſſing in or out of the Harbors; when as old, late and preſent experience in our lateſt Sea fights prove that 10, 20, 30, 40, 50, 100▪ whole broad ſides, and greater, better tyres of Ordinance then any in our Forts diſcharged together at one ſtout ſhip by skilfulleſt Gunners, at neareſt diſtance, with better aime, with key or croſſe chain ſhot, will hardly ſplit or ſink it, (which no Fort, no Caſtle that we read of ever yet did) nor ſtay, take any reſiſting Veſſell without grappling with and boarding her; which Forts cannot do: much leſſe can they hinder the ingreſſe, egreſſe or regreſſe of any conſiderable Squadron of Ships or a whole Navie; or impeach the landing of an Army by or under their very noſes, or in places out of their Guns command, as ignorant people dream, as the forcible landings of your forces, though ſmall, in the late reduced Iſlands of Silly, Jerſie, the Barbadoes under their very Forts and Canons, without the loſſe of any one Ship or Veſſell by their Canons and Blockhouſes; and of the loſſe of very few Mariners or Land Souldiers (with the taking of Cadez and many fortified Towns in the Indies heretofore by Sir Francis Drake and others, without the loſſe of any one ſhip by Canon-ſhot) manifeſt beyond all contradiction; ſuch Forts ſerving only in truth, to maintain many …aſie Gunners and Montroſſes at, 8, 10, 12 l. pay a week or more in many Forts, meerly to ſhoot away vaſt proportions in a year of Powder and Bullet in meer complement and ſalutes of men of war and other Ships, who waſte more Powder, Bullet in ſaluting, reſaluting Ships, and in other idle frolicks upon Viſitants and Newes of good ſucceſſes, then their ſalaries amount to; and to maintain many thouſands of laſie, idle Souldiers (whoſe labour would be far more profitable to the Nation then their ſervice) at 5 s. 10 d. pay each week, and their Officers at double, treble, 4, 6, or 8. times as much more, only to burn Match to take Tobacco, ſtand Centinel, to walke or look about them ſome two or three houres, in three or four whole dayes ſpace or more, which they call Duty; and exerciſe once in two or three months time for ſo many houres, to ſhoot away their powder; when as poor Labouring men of all ſorts muſt work hard all the week long for leſſer gain and wages, then theſe idlebees receive for this their laſie uſeleſſe duty, and yet pay heavy weekly Taxes duly (under pain of plundering) to maintain theſe Lurdánes to ſo little purpoſe: Are not theſe think you nJer. 28. …3, 14. & 27. …. Ezech. 30. 18. & 34. 27.yoaks, nay heavy unſupportable Iron yoaks, far o2 Chron. 10. 10, 14.heavier then thoſe wooden ones (of a little Shipmony only once a year) under which we formerly groaned, till we brake them; fit now to be broaken on your Faſt-day, after ſo long a continuance of them by you on our Nations galled, wearied necks?) There is yet a ſecond part of that Faſt, which God now cals for from you; to deal your bread to the hungry (and are there not now many ſuch amongſt us by your unrighteous depriving them of their Liberties, Callings, Imployments, Revenues, Husbands, Servants, Children, Eſtates, publick Offices, and the benefit of our very Lawes to regain their own, and detaining their publick debts, as you do his) To ſatisfie the afflicted ſoul (and is not his ſoul ſuch, by your remonſtrated preſſures, and thouſands of ſouls more by other grievances?) To bring the poor that is cast out (as he is by you from his Houſe, Liberty, Calling, Family, Kindred, Friends, all worldly comforts, publick Truſts and Imployments, into remoteſt Priſons without cauſe, againſt all Laws) into your houſes; (who will not ſo much as once permit him, to return into his own houſe, and ſo long debarred him from Gods own houſes) If you ſee the naked, that you cloth him; (and you have almoſt made him naked by depriving him of his Calling, Friends, Imployments, detaining his publick oft-demanded debts, his extraordinary priſonexpences and late Militia charges, enforcing his friends to ſell all his ſtock, ſuperadded to all his other payments, reducing him to his very worſt old Jerſie Priſon rags and clothes to cover his nakedneſſe by theſe mercileſſe undoing extremities) And that you hide not your ſelves from your own fleſh (as you do from him by not receiving ſome, breaking up others of his Letters of complaint without reading them, ſlighting all the reſt, and anſwering none of them but by denials; refuſing to hear, diſpute, or ſpeak with him face to face, for ought you can charge him with, as perſons either aſhamed, afraid, or unable to encounter or behold him, after ſo many indignities, or to make good your own cauſe, or proceedings againſt him, by Divinity, Law, Religion, or any ſole hearing; and yet hide him from his own fleſh too, by keeping him from his Friends, Kindred, and them from him by ſtrict reſtraints in remoteſt Gariſons from them, of purpoſe to deprive him of their viſits:) Give him leave then upon all theſe grounds, in the name and fear of God, as your former true Chriſtian friend and preſent impartiall monitor, without all carnall fear or ſordid flattery, ſeriouſly to exhort, and faithfully to perſwade all and every of you, not ſo much for his own intereſt, as your own trueſt good, ſalvation, and our whole Nations welfare, both before and on your Solemne Faſt-day, to lay all his former Remonſtrated preſſures and long illegal cloſe reſtraints, as cloſe as may be to your ſouls, and both publickly and privately with deepeſt ſorrow, ſhame and deteſtation to confeſſe, acknowledge, bewaile, abhorre, renounce, redreſſe, repair them by his preſent honourable enlargement, and other proportionable recompences to him and the grieved Nation, as crying, Godprovoking ſins, which if not then thus ſeriouſly acknowledged, repented, and rerlly redreſſed, may and will draw down as exemplary Juſtice and Vengeance on your heads, and preſent exorbitant Power, as his former ſufferings of this natnre did upon beheaded Canterbury, with other you immediate Predeceſſors at Whitehall and their exorbitant authority, though then better ſetled, ſecured by our Laws and long Preſcription, then you or your preſent ſlippery peace. And withall, before, or on that day at furtheſt, effectually, ſincerely by reall performances and actuall ex…cutions, to keep and render unto God that practicall forementioned Faſt which he hath choſen, and expecteth at your hands, in all the reſpective branches thereof, both in relation to himſelf, and all other oppreſſed, afflicted, impoveriſhed ones throughout our three Nations, now groaning, languiſhing and almoſt expiring under manifold bonds of wickedneſſe, heavy burdens, oppreſſions, yoakes, already hinted to you; without which all your prayers will be but meer qHoſ. 7▪ 14.howlings in his ears; all other feigned humiliations, a meer atheiſticall abuſe of this moſt ſacred Ordinance, to meer politick ſinfull ends, to which it is oft abuſed; nay a rIſa. 58. 4. Like A…abs to take away Naboths Vineyard 1 King. 21. 9, 12.Faſt for ſtrife and debate, and to ſmite with the fiſt of wickedneſſe, as God there reſolves; by making it a generall engine to raiſe, foment, encourage, countenance, juſtifie new unchriſtian, inhumane, unrighteous, impolitick diviſions, factions, Warres with and again our very fellow-Chriſtians (ſ) See Exact Collection. p. 21. 310. 634, to 638.upon ſlight pretences, diſſents and private differences, without juſt ſubſtantiall grounds, warranted by Goſpell principles, preſidents, precepts; which inſtruct all Chriſtian men and States too, tRom. 12. 10. & 13. 8, to 12. Gal. 5. 13, 14. Epheſ. 1. 15. & 4 2. & 5. 2. Col. 2. 2. 1 Theſſ. 3. 12. & 4. 9. Heb. 10. 24. & 13▪ 1. 1 Pet. 1. 22▪ & 2. 17. & 3. 8. 1 Joh. …. 11, to 24. & 4. 7, 11, 12.to love like Brethren, to paſſe by and forgive their enemies injuries and offences; uEpheſ. 4. 9.to keep the unity of the Spirit in the bond of Peace; x2 Cor. 13. 11. 1. Theſſ. 5▪ 13. Heb. 12. 14. 1 Pet. 3. 11,to live in peace, and follow peace with all men; yPhil. 2 2, 4.to ſeek one anothers welfare; z1 Joh. 3. 16.to lay do…n their lifes for their brethren; a1 Theſ…. 4. 11.to ſtudy to be quiet; to b1 Tim. 2. 2.live in all Peaceableneſſe and honeſty; to c1 Cor. 10. 32. 2 Cor. 6. 3. 1 Cor. 8. 13. Rom. 13. 10.give no ſcandall nor offence, and do no wrong nor violence one to another; to dIſa. 2. 4. Mica. 3. 3▪ 4.beat their Swords into Plow-ſhares, their Speares into pruning hookes; not to lift up a ſword one againſt another, or learn warre any more; eMat. 26. 5….to put up the ſword into the ſheath, becauſe all thoſe that take the ſword, ſhall periſh with the ſword; Not to fGal. 5. 15.bite and devour one the other, leſt they be conſumed one by another; reſolving, all gJam. 4. 1. & 3. 13, 14, 15, 16.Warres and Fightings amongſt them, to come only from their luſts, that warre in their Members; and all wiſdome to raiſe, ſoment and manage them, not to deſcend from heaven above, but to be carnall, ſinfull, deviliſh.
And if your publick Faſt be now ſecretly deſigned to any ſuch unchriſtian purpoſes as aforeſaid, or not accompanied with that reall Faſt foreſpecified; it will be ſo far from allaying, that it will far more incenſe Gods wrath; ſo far from procuring, obtaining publick peace, that it will encreaſe your Warres and enemies; ſo far from eſtabliſhing your new republick, that it will ſuddenly and certainly ſubvert it, if not by others, yet by the very Army and armes of fleſh you moſt depend on; ſo far from ſecuring our ſinfull Nation (or Religion) from forain enemies and plunders thereof, that it will expoſe them to their combined invaſions on all hands, to their great molestation, devaſtation, if not finall extirpation out of the long enjoyed Land of their Nativity (as the Britains of old) for all your and their late encreaſed, deſolating, crying ſins, which hath been, and yet is, the grounded fear, and is and ſhall be the dayly fervent deprecation of your oppreſſed cloſe Priſoner, neceſſitated by your defaults to this prolix Remonſtrance of his Grievances, and finall demand of Right, Liberty, Justice from you; which God himſelf will both hear and grant, if you now prove more deafe and dumbe thereto, then the hLuk. 18. 2▪ to 9.unrighteous Judge in the Goſpell, after all former Solicitations, Letters, Suites, and this ultimate addreſſe unto you, by
Your two years and three months cauſeleſſe cloſe Priſoner, William Prynne. From his ill, moiſt, cloſe Priſon-chamber in Pendennis Caſtle, 26. Septem. 1652.