A new discovery of the prelates tyranny in their late prosecutions of Mr. William Pryn, an eminent Lawyer, Dr. Iohn Bastwick, a learned physitian and Mr. Henry Burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and Star Chamber their petitions, speeches, cariages at the hearing and execution of their last sentences

A new discovery of the prelates tyranny in their late prosecutions of Mr. William Pryn, an eminent Lawyer, Dr. Iohn Bastwick, a learned physitian and Mr. Henry Burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and Star Chamber their petitions, speeches, cariages at the hearing and execution of their last sentences

Table of contents

Title page

To the Courteous Reader.

A New Discovery of the Prelates tyranny, in their late prosecutions of Doctor Bastwick, Mr. Burton, and Master Prynne.

A New Discovery of the Prelates tyranny, in their late prosecutions of Doctor Bastwick, Mr. Burton, and Master Prynne.

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THE now Arch-bishop of Canterbury, with some other Prelates of the Arminian combination, maligning Master Prynne, & Master Burton, for some bookes they had written against the Arminians and D. Cosens his private Devotions; about 12. yeares since, getting the raines of Ecclesiasticall authority into their owne commands, prosecuted them severall times and tearmes in the High Commission, for those their profitable, and innoxious bookes: whence being delivered by prohibitions, granted them out of the Kings temporall Courts at Westminster; these Prelates grew more This Archb. at the delivery of the rule for Master Prynnes prohibitiō was so extreamly enraged, that he and some 3. or 4. Bishops more rose and went out of their Court (then kept in the Consistory at Pauls) in a Fury, saying they would immediatly repaire to the King, & make a bolt, or a shaft of it; using many angry words; and threatning to lay M. Prynne by the heels for delivering the Rule. inraged against them, watching every opportunity, and laying hold on any occasion to worke their ruine. Master Prynne not long after, about Christide 1632, published a booke against common Enterludes, intituled, Histrio-Mastix, licensed for the presse by one Master Buckner, house-hould Chaplin to the then Arch-bishop of Canterbury, Abbot; and published with his approbation, after serious perusall thereof, both in the written, and [Page] printed copy. It came to passe, that some six weekes after the publication of this booke, the Queenes Majesty acted a part in A pastorall at Somerset-house; and there being some passages in this booke against Women-actors, among the ancient Romans, Grecians, and Spaniards, quoted out of Fathers and forraigne authors; and this reference to them in the Table of the booke, Women-actors notorious whores, relating to those Women-actors only whom these authors thus branded; Canterbury & the prelates by their instruments, the next day after this pastorall acted, carrying Master Prynnes booke to his Majesty, Mr. H. I. that first presented, & shewed the booke to the King, was a few moneths after committed prisoner to the Tower for begetting one of the actors of this pastorall with child soone after it was acted, and making a reall commentary on M. Prynnes misapplyed text, both the Actresse, and he for this cause be▪comming M. Prynnes fellow prisoners in the Tower, A strange providence▪ and worthy observation shewed him some of those passages, especially that in the Table, and misinformed his Highness [...] and the Queene, that Master Prynne had purposly written this booke against the Queene, & her pastorall; whereas it was licensed, and most of those passages printed neere two yeeres before; and the whole booke finished at the presse at least three moneths, and published six weekes before the personating of this pastorall: But this misinformation onely exasperating the King and Queene against Master Prynne for the present, and not taking effect to worke his restraint, their Majesties being truly informed by others, that this booke was written▪ and printed long before this pastorall was thought of; the now Archbishop thereupon caused Doctor Heylin (whom Master Prynne had refuted in Pag. 671 to [...]78. that booke by the by▪ in a point concerning Saint George.) to collect such passages out of the booke, and digest them into severall heads, as might draw Master Prynne into Question for supposed scandals therein of the King, Queene, State and Government of the Realme▪ Hereupon the Doctor drawes up such Collections, digested into seven heads, with his owne malicious Inferences upon them, not warranted by Master Prynnes Text, and delivers them in writing to Secretary Co [...]ke, and the Arch-bishop. The prelate thus furnished by his [Page] minion, takes Mr. Pryns booke, and these collections, and repaireth with them, on the second Lords-Daymorning in Candlemas Tearme 1632, to Lincolns Inne, to Master Noy then Kings Attourney generall; and keeping him on that sacred day both from the Chappell and Sacrament, (which he then purposed to receive) shewed him the said book and collections of some passages out of it, which he said, his councell informed him to be dangerous: & charged him on that duty he owed to his Master, the King, to prosecute Master Prynne for the same. Master Noy before this, had twice read over the said booke very seriously, and protested, that he saw nothing in it that was scandalous or censurable in Star-Chamber, or any other Court of Iudicature; and had thereupon commanded one of the books (which Master Prynne delivered him) to be put into Lincolns Inne library for the use of the house; in so much that he was so discontented at this command of the Arch-prelate, that he wished he had beene twenty miles out of towne that morning. But being commanded hee must obey; and within few dayes after, Master Prynne, by this prelates instigation, was sent for before the Lords to the inner Star-Chamber, and by them sent prisoner, with 4. of the Kings Guard to the Tower of London, on Feb. the first 1632, with this warrant, to which this prelates hand among others, was subscribed.

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AFter our hearty commendations; whereas there is cause to restraine William Prynne Esquire▪ and to commit him to your custody, these are therefore to will and require you to receive into your charge the person of the said William Prynne, and to keepe him safe prisoner in the Tower, without giving free accesse to him, untill you shall receive further [Page] Order: for which this shall be your warrant.

From the Star-Chamber the first of Feb. 1632.

Thomas Coventry. Archbishop of Yorke.

H. Manchestour.

Dorset.

Faukland.

Guil. Lond. now Canter.

Edward Nuburgh.

Iohn Cooke.

Tho. Germine.

Francis Windebanke.

To our loving friend, Sir William Balfore, Knight Lieutenant of his Majesties Tower of London.

BY force of this generall warrant, against Law, wherein no cause of co [...]itment is specified, Master Prynne was kept pri [...]r in the Tower, without bayle or maineprise, notwithstanding his oft petitions for release absolute, or upon bayle, till Master Noy, (sending for the said Heylins collections,) exhibited an Information against him in the Star-Chamber for his said licensed booke the 21 of Inne following, and prosecuted it so, that not permitting Master Prynne to be bayled, not yet so much as to repaire to his Counsell, with his keeper; on the 17 of Feb. 1633. he procured this heavy sentence against him in that Court: That Master Prynne should be committed to prison during life, pay a fine of 5000 pounds to the King, be expelled Lincolns Inne▪ disbarred▪ and disabled ever to exercise the profession of a Barrester; degraded by the University of Oxford, of his degree there tak [...]; and that done [...]e set in the Pillory at Westminster, with a paper on his head declaring the nature of his effence, and have one of his Eares there cut off, and at another time be set in the pillory in Cheap-side, with a paper as aforesaid; and there have his other Eare cut off; and that a fire shall be [Page] made before the said pillory, and the hang-man being there ready for that purpose, shall publikely in disgracefull manner, cast all the said bookes which could be produced, (to gather up which, Messengers with speciall warrants, were sent to bookesellers into divers Counties) into the fire to be burnt, as unfit to be seene by any hereafter; no particular passages of the said booke, on which their unparallelled sentence was grounded, being so much as mentioned in the Information, replication, or decree as by Law they should, and doubtlesse would have beene, had they beene really effensive, demeriting such a Censure. But the innocency of these misconstrued and perverted passages (being for the most part the words of other approved authors,) was the cause of their concealement and not recording: and though many of the Lords never dreamed of any execution of this hard judgement, and the Queene (whom it most concerned) earnestly interceded to his Majesty to remit its execution; yet such was the prelates power and malice, that on the seventh, and tenth of May following, (even in cold blood) it was fully executed with great rigour. Whiles Master Prynnes wounds were yet fresh and bleeding, within three dayes after his execution, this Arch-prelate of Canterbury, to adde more waight to his affliction, against all Law and equity, when there was no suite pending against Master Prynne in the High Commission, & his fine in Star-chamber un [...]streated, granted this warrant out of the High Commission for the seisure of the books of his study, (conveyed to his Taylors house in Holborne) of which his spies had given him Intelligence.

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VPon speciall consideration, These are to will and require you in his Majesties name, by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seale of England, to us and others directed, that forthwith upon the receite hereof, you (taking a Constable and such other assistance with you which you shall thinke meete) enter into the house of Thomas Edwards dwelling in Holborne, and therein and in every severall roome or place thereof, or in any other house or place, as well in places exempt, as not exempt, and that thereupon you doe make diligent search for all Pamphlets, books and writings, either in hampers or otherwise, belonging to Master Prynne, and all such so found to seize and apprehend, and attach, or cause to be seized, apprehended and attached, and that thereupon you detaine them under safe custody, and bring a true Inventory of them forthwith before us or others our colleagues. His Majesties Commissioners in that behalfe appointed, that thereupon they may be disposed of according to the What Law is there for you to false, and dispose of the Books of mens studies, against whom nosuites are péding before you? Or with what face can you pretend Law, when you doe directly against law? Law, and as shall be thought meete, and agreeable to Iustice▪ willing and requiring in his Majesties name, by authority aforsaid, al Iustices of peace, Majors, Sherifes, Constables, Bayliffes, and all other his Majesties officers, and loving subjects to be ayding and assisting unto you, in and about the execution hereof, as they tender his Majesties service, and will answer the contrary [Page] at their perill.

Given at London, this thirteenth day of May, 1634.

Will. Canter.

Na. Brent.

Jo. Lambe.

Utro. Gwynne.

Arth. Ducke.

Ro. Aylett.

Tho. Mottershed deputatus Geo. Paule mi. Regstrar, Regij.

To Humphry Crosse one of the sworne messengers of his Majesties Chamber, and also to William [...]la [...]sted his deputy, and to either of them.

BY vertue of this warrant one cartlode of Master Prynnes bookes were there seised, and carried away by Crosse; of which Master Prynne complaining, the Archbishop in the open Court in Star-Chamber denyed the granting of this warrant, though yet extant under his hand, and promised present restitution of the bookes; and yet gave under hand order for detaining them till they were extended, and sold for Master Prynnes fine in Star-Chamber; such saith and truth is there in Prelates words and actions. Master Prynne remained sundry yeares a prisoner in the Tower by force of the former censure: during his imprisonment [...], the prelates brought Doctor Bastwicke into their High Commission Inquisition, for his Elenchus papismi, and Flagellum Episcoporum Latialium: and there▪ without any just ground or cause at all, passed a heavy and unjust censure upon him; by vertue whereof hee remained close prisoner two yeares in the Gate-house, the limbus pat [...]m of our ghostly fathers; where he writ a latine booke sti [...]ed, Apologeticus ad praesules: Anglicanos, dedicated to the [Page] Lords of Councell, declaring the injustice of the proceedings and censure against him in the High Commission, which was printed, and a letany in English. Not long after Master Burton upon the fifth of November, 1636. preached two Sermons in his owne parish-Church in Friday-streete in London upon Prov. 24. 21. 22. My sonne feare thou the Lord, and the King, and meddle not with those that are given to change, &c. wherein hee laid open the Innovations in doctrine, worship and ceremonies, which had lately crept into our Church, and wished the people to beware of them, The Archbishop hearing of it, causeth Articles to be drawne up against him in the High Commission, and summoned him to answer them, out of tearme, before Doctor Ducke, at Cheswick; where he appearing, instead of answering, appealed to the King, which appeale was formally entred by the Register: yet notwithstanding, within 15. dayes after, they summoned him to appeare before a private Commission at Doctors Commons, by direction from the Arch-bishop, and there suspended him, both from his office and benefice, and granted out attachments to apprehend him: he hereupon keepes his house, prints his Sermons, with an Apologie, to justifie his appeale; which hee dedicated to the King, with Epistles to the Lords of the Counsell, to whom his wife presenting some of those printed Sermons, by his direction, was committed by the Lords for her paines. The High Commission pursevants not daring to breake open Master Burtons doores to apprehend him, the Archbishop, and Bishop of London made a warrant to one Dendy a serjeant at armes, to apprehend him, of which this is a true Coppy.

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THese shall be to will and require you to make your immediate repaire to any place where you shall understand of the present being of Henry Burton [Page] Clarks, and having found him, to take him into your custody, and to bring him forthwith and in your company (all delayes and excuses set a part) before us, to answer to such matters as shall be objected against him. And you are further by vertue hereof to require and charge all Majors, Sheriffes, Iustices of peace, Bayliffs, Constables, Headborughs, and all other his Majesties Officers and loving Subjects, to be ayding and assisting unto you, in the full and due execution of this service, whereof neither they nor you may fayle at your perill [...]. And this shall be unto you and them a sufficient warrant,

Dated at Star-Chamber the first of Feb. 1636.

The [...] and first [...] in all the warrants.

W. Cant.

Guil. London.

Henry. Vaine.

Tho. Coventrey.

Arundell and Surrey▪

I. Coke.

To Edward Dendy Esquire, one of his Majesties Serjeants at Armes.

BY force of this illegall warrant (expressing no cause of Master Burtons apprehension as by law it ought) serjeant Dendy came to Master Burtons house in Friday-streete, the same evening betweene ten and eleven of the Clocke at night, accompanied with Alderman Abel▪ then Sh [...]iffe of London, and diverse armed Officers and Pursevants, and be [...]ting his house, Which Act the Parliament hath resolved to bee against Law, and that Serjeants at Armes [...] breake open mens hous [...]. violently broke open his doores with Iron Crowes, and attached him in his house, he making no resistance: and the High Commission Pursevants entring in along with him, by warrant from [Page] the High Commission under Canterburies hand and others searched his study, and tooke away such bookes, and papers with them as they pleased, and Master Burton that night was lodged where the preachers at Pauls-Crosse were entertained, and there kept prisoner till the next day, when insteed of being brought before the Lords as this warrant required, hee was by another warrant, without any cause expressed, committed close prisoner to the [...], the Coppy whereof (to which Canterbury's [...]) here followeth.

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THese [...] will and require you to receive into you [...] [...]tody the person of Henry Burton Clerke, sent herewith unto you, and to keepe him Canterbury himselfe a [...]d Str [...]fford, though accused and committed by the Parliament for high Treason, had far more liberty, and were not close imprisoned, as they committed others. close prisoner in the Fleet, not suffering any one to speake with him untill further Order, whereof you may not faile at your perils, and this shall be your warrant.

Dated at White-Hall the second of February. 1636.

W. Cant.

Guil. London.

Arundell and Surry.

Pemb [...]ooke and Mountgomery.

T. Jermyn.

Io [...]oke

Fra▪ Windebanke▪

To the Warden of t [...] Fleet or his deputy.

MAster Burto [...] [...]ereupon was shut up sundry weekes close prisoner in the Fleet, so as neither his wife nor friends could have free accesse unto him. In the interim, betweene his Sermon preached and his imprisonment, two bookes, the one intituled, A Divine Tragedy, containing a Catalogue of Gods late Iudgements upon [Page] Sabbath-breakers, the other Newes from Ipswich, discovering some late Innovations in Religion brought in by the Prelates, and some extravagancies of Bishop Wren in his late Visitation, were published in print, without any Authors name annexed to them, wherewith the Prelates were much vexed and perplexed. And consulting with themselves which way to vent the extremity of their malice upon Doctor Bastwick, Master Burton, and Master Prynne, they at last resolved to exhibite an information against them into the Star-Chamber in Sir Iohn Banks his Majesties Atturnies name, with these two last named bookes, Doctor Bastwicks Apology and Letany, and Master Burtons Apology of his appeale, and two Sermons, thereto annexed, which was done accordingly. This information was exhibited into that Court the eleventh day of March 12. Caroli, in the Vacation time, against these three Gentlemen, and others, who were ordered to appeare and put in their answers to it immediately. They, served with Sub-poenas returnable immediatè, contrary to the usuall proceedings of the Court, refused to appeare (being all three prisoners, and two of them close prisoners, before,) unlesse they might have liberty of accesse to counsell, to advise and assist them in their answers, it being the Prelates ayme to deprive them of this liberty; Of which the Lords being informed, made this ensuing order; wherein, though they granted them accesse to Councell, yet they denyed them the liberty of conferring together at Counsell, though joynt defendants (who might have joyntly answered) contrary to the rules of Law, and all former presidents. One Coppy of which order (sent indifferently to their three distinct prisons) I shall here annex.

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At White-Hall the 15. of March. 1636.

Present.

Lo. Archbishop of Cant.

Lo. Keeper.

Lo Treasur.

Lo. Privy-Seale.

Lo. High Chamberlaine.

Ea. Marshall.

Lo. Chamberlaine.

Ea. of Northumberland.

Ea. of Dorset.

Ea. of Salisbury.

Ea. of Holland.

Lo. Cottington.

Lo. Nuburgh.

Mr. Tresur.

Mr. Comptroller.

Mr. V. Chamberlaine.

Mr. Sec. Cooke.

M. Sec. Windebanke.

VVHereas information was this day given to the Boord by Master Atturney Generall, that he had prefe [...]red a Bill of Complaint in the Star-Chamber against Henry Burton Clerke, and others, and that the sayd Master Burton doth refuse to make answer to the said complaint, unlesse he may have liberty to goe abroad to prepare and advise with his Counsell, though his Counsell had leave to have accesse and to confer with him in the Prison: Yet to take away all allegations or pretence for excuse herein, their Lordships have thought fit, and ordered, that the said* God forbid he should have so much favour, being in disfavour with the Prelates. Master Burton shall have liberty to goe abroad with his Keeper, to speake and confer with his councell when he desireth the same, and that his sayd Keeper is to have speciall care that the sayd (Master Burton doe not make use of the liberty to) confer with other persons, and that he be permitted to goe to no other [Page] place, but to his sayd Councell. And that the sayd Master Burton shall immediately appeare to the sayd Bill, and make answer within ten dayes after. And thereupon the Boord will give such further Order as shall be fit.

Ex. Will: Becher.

THe Prisoners upon this order having liberty to goe abroad with their Keepers, first repaired to the Lord Keeper, and petitioned for counsell to be assigned them: which granted, they repaired to their counsell at Lincolnes and Grayes Inne, where meeting together, and conferring a short speech (in the presence of their keepers) with their counsell, notice thereof was immediately given to the Archbishop, whereupon their Keepers were sharply checked, and charged not to permit them to meete or speake together any more, which was strictly observed.

Master Prynne, fearing that they should not be permitted to make a full answer to the Information, drawes up a Crosse-Bill against the Archbishop and others; wherein he charged them, with usurping upon his Majesties prerogaetive royall, with Innovations in Religion, Licensing of popish and Arminian bookes, and other particulars: which Bil being ingrossed and signed with all their three hands, Master Prynne tendred to the then Lord Keeper, with a petition, praying; that it might be accepted under their owne hands, since it concerned his Majesty and Religion so much, and counsell durst not signe it for feare of the prelates; alleadging, in the petition, that if the charges of the Bill were true (as they were ready to make good with their lives,) then their Lordships, as they hoped, would thinke meete they should be examined, and the prelates put to answer, and punished for them: If false; that then the Bishops to cleare their [Page] suspected Innocency to the World, would be willing to answer it, since their declining its answer, would imply a guiltinesse in them. The Lord keeper receiving this Petition and crosse-Bill, upon reading the contents thereof, refused to admit it, delivering it to the Kings Atturney, and (as I am informed) the Archbishop demanded the opinion of the Judges; Whether these three complainants might not be punished as Yea, and have their lives taken away. libellers for exhibiting this Crosse-Bill against him▪ and other Prelates: who all but one, resolved; that they could not, because the Bill was tendred in a legall way, and might not in point of law be refused; the Kings Courts of Iustice being open indifferently to all his Subjects, to sue or be sued. However this Bill was suppressed, by the Prelates power, and Master Prynne within a weeke after his appearance to the Information, by the Archbishops procurement, had his Chamber in the Tower searched by Master Nicholas, one of the Clerkes of the Counsell, and a This Pursevant was, so officious that hee searched Mr. Prynnes foule close-stoole, though Master Nicholas wished him to forbeare, where he found nothing but a fitting Nosegay to recompence his industry. pursevant of the Bishops sent to over-looke him; part of his instructions for his answer they s [...]ised, and carried them away to the Archbishop his servant who should sollicite his businesse, was attached by a messenger and kept close prisoner in his house above ten weekes (till after the hearing) without baile or mainprise; which was utterly refused; the liberty of Pen, Inke and Paper, to draw up his answer and instruct his counsell was then also inhibited; himselfe shut up close prisoner, and all his friends debarred from him; by a verball order only. By which strange proceedings he was utterly disabled to put in his answer, which hee earnestly desired, and was denied accesse to his councell contrary to the Lords former order; This done, on the 28 of April Master Pryn, and his Co-defendants by an order of the Court, were injoyned to put in their answers to the Information by Munday next came sennight, by the advice of their counsell, and under their hands, or else the [Page] matters of the Information should be taken against them pro confesso. He (having no liberty then to goe to his councell, and they for feare of the Prelates being unwilling to repaire to him, or to medle in the cause) thereupon petitioned the Court, that (having beene a Barrester at law) hee might have liberty to put in his answer to this Information under his owne hand; annexing sundry reasons to the petition, why his owne answer, in this case ought to be received without the hands of his counsell. This petition (together with an Affidavit of the particulars therein alleged) was presented and read in open Court the fifth of May 13. Caroli. of which this is a true Coppy.

Master Prynnes first Petition to the Lords the 5. of May 13. Caroli.

To The right Honorable the Lords of his Majesties High Court of Star-Chamber. The humble Petition of William Pryn close prisoner in the Tower of London. Humbly sheweth,

THat whereas the petitioner, on munday last, received from Master Goad, an order of this Honorable Court, Dated the 28. of April 1637. Whereby he is enjoyned to put in his answer to the Information against him, by munday next, under his councells hands, or else the matters therein contained shall be taken against him Pro [Page] confesso, That the petitioner, in regard he hath beene debarred all accesse to his councell a weekes space and more, deprived of the use of his Servant, who should sollicite his businesse for him, being detained close prisoner in a Messengers hands; debarred all acc [...]sse of friends, the use of Pen, and Inke, and disabled both in respect of the quality of his cause, the greatnesse of the persons whom it concernes; the diversity of his councells opinions, and the difficulty of procuring his councell to repaire to him to the Tower, during the Terme, to advise him, he having no meanes to reward them according to their paines; and for other reasons mentioned in his Affidavit, is utterly disabled to performe the sayd Order, to put in any answer without great prejudice both to himselfe and his cause, which much concernes both the King, his Crowne and dignity, the Religion established, and the liberties of the Subject infringed by the Prelates, and their confederates.

He humbly therefore beseecheth your Lordships, not to exact impossibilities at his hands; but in this case of necessity (according to many late presidents in this Honorable Court) to grant him liberty to put in his answer by the sayd day under his owne hand, he having beene a Barrester at law, and not under his councells, who refuse to doe it out of feare and cowardise (being more fearfull of the Prelates, then of God, the King, his Crowne, and dignity;) and also for the causes hereunto annexed, which he in all humility submits to your Lordships wisdomes and Iustice. And the petitioner for the concession hereof shall ever pray for your Lordships, &c.

The reasons why the petitioner (Master Prynne) humbly conceiveth, that this honorable Court ought in point of law and Justice, to admit his answer under his own hand, without his councells, which he cannot procure.

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FIrst, because there are many late presidents in this1. Court, wherein divers defendants answers have been admitted without the hands of councell, in cases where no councell would set their hands to them, as Close, and Doctor Laytons cases, with many others, and but one president only against it: which being ancient, singular, upon a speciall reason, in case of a Woman, not of a man, much lesse of a Lawyer, and in a farre different case from this defendants, ought not, as he humbly conceaveth, to overballance the presidents for him.

Secondly, because upon an Ore-tenus and Interrogatories2. in this Court, in many cases before his Majesty and the Lords at the councell-Table, in Parliament, and in the Kings-Bench upon Indictments, and Informations [especially for Felony or Treason] the defendants are allowed freely to make their owne answers and defence without counsell, if they please, and in some cases are denied Counsell.

Thirdly, because counsell [who were not ab initio, 3. but came in long after causes,] both in this honorable Court, and elsewhere, are allowed and assigned, not out of necessity, but favour onely, for the helpe and benefit of defendants, not to be so strictly tied unto them, but that [Page] they may have liberty to make answer without them in case where they and their councell differ in the substance of their answers, or where councell advise them to their prejudice, either out of feare, ignorance, or otherwise, else it would lie in councells power both to prejudice▪ and betray their causes, and make them lyable to censure though innocent.

Fourthly, because every answer in the eye of the law4. is the defendants only, though signed by his councell for formes sake: he onely is summoned to make answer, he onely is to sweare it, and he, not his councell, is to undergoe the hazard of it: therefore he alone in point of law and Justice is onely bound of necessity to signe it, not his Councell.

Fiftly, because else there would be a fayler of Justice5. in many Cases, through the want, feare, neglect, ignorance, diversity of opinion, or treacher of councell: for if one be peremptorily enjoyned to put in an answer by a day, as this defendant now is, and counsell neglect, refuse, delay or feare to doe it upon any occasion by the time, (which is this defendants Case) he must (without any default, contempt, or neglect in him) suffer thereby as a delinquent, though innocent, without any legall conviction; which were injury and injustice in the highest degree.

Sixtly, because the very law of nature teacheth every6. Creature, but man especially, to defend, preserve and make answer for himselfe, either when the party accused cannot procure others to doe it, or can doe it better then others will, can, or dare doe, himselfe: But in the present Case, this defendant cannot procure his councell to make such an answer as his cause requireth, which resting upon bookes, matters of Divinity, and on other points, wherein his counsell have but little skill, all which he must justify in his answer, he is better able to make [Page] his answer and defence thereto, then his counsell can, will, or dare to doe, in case they were willing to undertake it▪ (which now they utterly deny and refuse onely out of feare and cowardize,) as aforesaid, and therefore ought, as he humbly conceiveth, to be permitted to doe it, both in point of Law and Justice.

Seventhly, because God and Christ, the supream Judges7. of the World, and patternes of all Justice both here on Earth, have, and at the generall day of judgement, when all men shall appeare before their dreadfull tribunalls, wil allow every man to make his owne personall answer, and defence, without counsel or proxie, much more then should every inferiour Judge, and Terrene Court of Justice doe it, if the party desire it, and others will not, dare not doe it.

Eightly, because by the judiciall Law among the Iewes, 8. every man was to make his owne defence, neither did their Law judge any man, before it heard him and knew what hee did. Iohn 7. 51. And by the civill Law, even among the Pagan Romans, it was not the manner to condemne any man, before that hee who was accused had the accusers face to face, and had Licence to answer for himselfe concerning the crime layd against him, Acts 25. 16. If then the Lawes amongst Iewes, and Pagans, gave every defendant leave, thus to make answer for himselfe, and never condemned any as guilty for not answering by counsell (as appeares by the cases of Naboth, Susanna, Christ and others, though unjustly condemned, yet not without a full hearing, and witnesses first produced, though false,) this defendant humbly conceiveth, that by the Lawes and Justice of this Christian Common-Wealth, and this honorable Court, hee ought to have like liberty in this cause of so great consequence, and that the Information against him ought not to be taken, Pro confesso, without hearing witnesses, or defence, in case [Page] he tender an answer under his owne hand, onely without his counsells who refuse to advise or direct him, else our Christian Lawes, and Courts of Justice, might seeme to be more unreasonable then the Iewes, or Pagan Roman Lawes and tribunalls, which God forbid any man should imagine.

Ninthly, because S. Paul when he was slandered & accused9. by Ananias the Iewes high-Priest, with the Elders, and Tertullus their Orator, to be a pestilent fellow, a mover of sedition among the Iewes, throughout the World, and a ring-leader amongst the Sect of the Nazarens, and that severall times, both before Felix, Festus and King Agrippa, (three heathen Governors and Magistrates,) had still free liberty granted him by them all both to answer and speake for himselfe to the full, to justifie and cleare his innocency, without any counsell assigned. Act. 24, & 25, 26. neither did nor could the Iewish, high-Priest except against it. This defendant therefore being now accused in this honorable Court of the like crimes, by some English Prelates and high-Priests instigation, hopes to enjoy the selfe same priviledge and freedome before so many honorable Lords, and Christian Judges, which Paul did before these Pagans. And hee supposeth his said adversaries will not be against it, unlesse they will be thought to feare, and decline the defendants answer, as guilty persons, who dare not admit their actions to be scanned in so honorable a Court; or men unwilling to have this defendant cleare his owne Innocency; or else be deemed more unreasonable then Ananias himselfe, especially in this defendants particular case; who having beene a Barrester, and counseller at the Law formerly admitted, even in this honorable Court, to put in answers under his owne hand in other mens cases, cannot but hope and presume to obtaine the like Justice, and favour from it now, in his owne cause, (being thereto [Page] necessitated through his counsels feare and deserting of him) for the premised reasons, which he in all humility submits to this honorable Court.

Upon the reading hereof in open Court, and of a like petition from Doctor Bastwick, to put in his answer under his owne hand, since his counsell refused to signe it; the Court ordered the same day, that they should put in their answers by munday next under counsels hand, or else be then taken Pro confesso; denying them liberty to answer under their owne hands.

Hereupon Doctor Bastwick, when no counsell would signe his answer, tendered it at the Star-Chamber office, under his owne hand, and there left it: and Master Burton having his answer drawne, engrossed and signed by his assigned counsell, Master Holt, who afterwards withdrew his hand, because his other counsell would not subscribe it, out of feare to displease the Prelates, tendered it to the Court, desiring it might be accepted, or Master Holt, ordered to new signe it; upon this the Court, the 10th of May (being the next sitting) made this Order.

In Camera Stellata coram Concilio ibidem, decimo die Maii, An. Decimo tertio Car. Reg.

VVHereas by severall orders of this Court, Iohn Bastwick Doctor in Physick, and Henry Burton clerke defendants, at the suite of his Majesties Attorney Generall plaintife, were ordered to put in their answers under counsells hand by Munday last, or in default the matters of the Information, to be taken [Page] against him pro confesso: forasmuch as the Court was now informed that the said Doctor Bastwick, hath not yet answered, nor will bee drawne to put in any answer under the hand of his Counsell, but hath throwne into Master Goads Chamber, the deputie Clarke of this Court, five skins and a halfe of parchment close written, with his owne hand subscribed therunto, wherein, as is alledged, is contained much scandalous & defamatory matter: It is therefore ordered, that all the matters of the said information wherewith the said Doctor Bastwick is charged, in the same shal be taken against him Pro confesso And that his Majesties attorney Generall doe take into his custody, and consideration the said severall skins of parchment, subsigned as aforesaid, for such farther order to be therein had and taken, as to Iustice shall appertaine. And for as much as the Court was now informed, that the defendant Burton hath caused his answer to be drawne by counsell, and ingrossed, and would have put it in, if his counsell who drew the same, or any other of his counsell, would have set their hands thereunto: The Court therefore did forbeare to take him Pro confesso, and hath ordered, that his answer be received under the hand of Master Holt alone, and that after his answer put in, and interrogatories exhibited, the examiner shall repaire unto him in person, where he is to take his examination upon the said Interrogatories.

Jo. Arthur. Dep.

[Page]DOctor Bastwick upon this Order, the next Court-day petitions the Court, that his answer left in the Court might be accepted under his owne hand, in default of councell; and Mister Prynne, (much grieved that he could neither gaine liberty nor possibility to answer the Information, for his just defence, formerly ordered to be taken pro confesso against him,) the same day petitioned the Court in this manner.

To the right Honorable the temporall Lords of his Majesties high Court of Star-Chamber The humble petition of William Prynne, prisoner in the Tower.

IN all humblenesse sheweth, That the petitioner everMaster Prynnes second petition to the Lords. since his appearance to the Information exhibited against him, hath beene denyed the liberty of Pen, Jnke or Paper at his Chamber▪ to draw up his answer, or instructions for his counsell: That his servant who should solicit his businesse, coppy and engrosse his answer, hath for a moneths space beene kept close prisoner from him in a Messengers hands, by his chiefe adversaries practise and power, contrary to Law and Justice, of purpose to retard his answer, and disable him in the prosecution of his cause: That his friends have beene restrayned from him, and himselfe ever since the day before the Terme, prohibited all accesse to his counsell (granted to his Codefendants) who without any neglect or default in the petitioner, [Page] for reasons best knowne to themselves, refuse to repaire to him, or to undertake any thing in his cause, which they have all quite deserted. By meanes whereof the Petitioner (though ever desirous to answer, and submit to the Orders of this Honorable Court) neither hath nor possibly could put in his answer under his counsells hands according to the last orders: which disabling him to draw up his owne answer, and requiring meere impossibilities of him beyond his power to effect (his counsells hands and wills being not at his command, much lesse their consciences and judgements,) hee hopeth neither shall nor ought in point of Law or equity, to be so farre obligatory and penall to him, as to make him culpable of all the charges in the Information, without any proofe on his Prosecutors part, or default and contempt on his owne. Since by such away of proceeding (of very dangerous consequence and example scarce parallell'd in any age,) the most innocent person may be betrayed, and condemned as nocent of any crimes whatsoever falsly charged against him, without any neglect or guilt in him, through the unfaythfullnesse, wilfullnesse, feare, corruption or default of counsell, and especially in the case of powerfull and malicious opposites.

He therefore in the midst of these his exigents, and desertions of his counsell, most humbly beseecheth your Lordships, not to require impossibilities at his hands (thus bound) beyond his power to effect, but so to deale with him in this case of extremity, and necessity, as your Lordships would be dealt with your selves, were you (which God forbid) in his present condition, [Page] and as you would have Christ himselfe to proceede with you at the great day of judgement, when you shall all appeare before his Tribunall to give accoumpt of all your proceedings in this and all other causes: Or if this be overmuch, then onely to grant him such common favor, and justice in this honorable Christian Court, as Christ himselfe found before Pilate, and Paul before Faelix, Festus, and Agrippa, meere heathen Iudges; or as every Traitor or Felon (though never so vile or guilty) usually claimes, and enjoyes of common right in other his Majesties Courts of Justice, to wit, free liberty to answer for himselfe, when his counsell either will not, cannot, or at least wise dare not doe it; with the use of Pen, Inke and Paper, untill friday next, to draw up an answer under his own hand, according to the truth and weightinesse of his cause, since he cannot procure his counsells; and not to prejudge him as guilty, before his answer or defence first heard▪ or witnesses produced. A request so just and reasonable (as he humbly conceiveth) that his adversaries themselves whether innocent or guilty, cannot in point of honour, justice and conscience, in regard of their places and professions) but willingly (condescend unto, much more then this honorable Court, especially in this waighty cause (not to be precipitated) which highly concernes his Majesties royall prerogative, the state and safety of Religion, and the weale of the whole Realme, as he hopeth to make good in his answer, and by his crosse Bill exhibited to this honorable Court against some great Prelates, and their confederates, under his owne and codefendants Bastwicks, and [Page] Burtons hands for want of counsell (who refuse to appeare in this case of God and the King, against the Prelates, dreaded much more then both) which bill being for the Petitioners, and his said Codefendants necessary defence, and justification, (who are ready to make it good at their uttermost perill) and tending onely to the maintenance of his Majesties Crowne and dignity, our established Religion, and the subjects liberties, against the said Prelates late dangerous encrochments, Innovations, practises and oppressions, he now humbly prayeth may be admitted, it being (as he humbly apprehendeth) a cause of infinite consequence, and a thing of common right, which ought not to bee denyed to, or against any subject in an ordinary way of Justice.

And your Petitioner (upon the concession of his petition) shall ever pray for your Lordships. &c.

THis petition being reade in open Court the 12. of May; the Court commanded Master Holt, one of Master Prynnes counsel forth with to repaire to him to the Tower to take instructions for his answer; and in the afternoone the Lieutenant of the Tower, was sent for by the Prelates instigation, and checked by the Lords for suffering Master Prynne to dictate such a petition, and one Gardiner, (a Clerke belonging to the Tower, who writ it from his mouth by the Lieutenants license) was for this capitall offence by a warrant from the Arch-Bishop, and others, the same evening apprehended by a Pursevant, and kept prisoner by him some 14 dayes, and not released, till he had put in bond to appeare before the Lords when [Page] ever he should be called; after which he was hunted after by the Archbishops pursevants out of the high Commission: Who upon the reading of this petition, and Doctor Bastwicks, made a motion in Court of purpose to prejudge the cause before it came to hearing, tending highly to affront his Majesties prerogative, and thereupon procured this forejudging order, wherein his insolent motion is recited.

In Camera Stellata coram Concilio ibidem, duodecimo die Maii, Anno decimo tertio Caroli Regis.

THis day severall petitions being read in open Court, presented on the behalfe of Iohn Bastwicke Doctor in Physicke, and William Prynne Gent. defendants at the suite of his Majesties Attorney Generall; The most reverend Father in God the Lord Archbishop of Canterbury his It should here be his injustice rather. Grace Informed the Court that in some of the Libellous Books, and Pamphlets lately published his Grace and others the reverend Bishops of the Realme are said to have The Parliament hath now resolved this for a truth, however, the Court of Star-Ch [...]mber or Judges determined contrary in favour of the prelate [...]. usurped upon his Majesties prerogative Royall, and to have proceeded in the High Commission, and other Ecclesiasticall Courts contrary to the Lawes, and Statutes of the Realme; about which he prayed the Iudges might be attended, and they prayed and required by this Court to certifie their opinions therein upon [Page] consideration whereof, the Court hath ordered, that the two Lords cheife Iustices now present in Court, the Lord cheife Baron, and the rest of the Iudges, and Barons shall be attended by his Majesties learned Why not by the defendants too, to heare what they could say. Councell, touching the Particulars hereafter ensuing, viz.

Whether proces may not issue out of the Ecclesiasticall1. Court in the names of the Bishops?

Whether a patent under the great Seale be necessary2. for the keeping of Ecclesiasticall Courts, and inabling of citations, suspensions, and excommunications, and other censures of the Church? and whether the Citations, ought to be in the Kings name, and under his Seale of armes, and the like, for Institutions, and Inductions to benefices, and corrections of Ecclesiasticall offences?

Whether Bishops, Arch-deacons, and other Ecclesiasticall3. persons may or ought to keepe any Visitation at any time, unlesse they have expresse Commission, or Patent under the great Seale of England to doe it, and that as his Majesties visitors onely, and in his name and right alone?

Jo. Arthur, Dep.

THese three questions highly concerning his Majesties prerogative, debated, and determined by the defendants against the prelates for the King, were the maine scandals and libels complained of in this new Information, and the bookes thereto annexed; to prejudge which before the hearing, without the defendants privity (never summoned to be heard what they could say [Page] in these particulars, agaīnst the prelates encrochments, in defence of the Kings right and of themselves) was nothing else but the extremity of injustice, and a forestalling of the cause by a previous judgement of the Judges (then at Canterburies becke) before it was heard.

Upon this Order, all the Judges before the hearing returned this Certificate for the prelates, whom then to disobay or contradict in any thing had beene fatall, if not capitall; whereupon this following order was made, which will abundantly evidence the Archbishops insolency, treachery and injustice in the carriage of this cause, and the unpatternd compliency both of the Judges, and Court of Star-Chamber to his ambitious, unreasonable, and unjust desires.

In Camera Stellata coram Concilio ibidem quarto die Junii, Anno decimo tertio Caroli Regis.

THis day was read in Court, the Certificate of the two Lord chiefe Justices, the Lord chiefe Baron, and other the Iustices of the Court of Kings Bench, and Common Pleas, and Barons of the Exchequer, made according to an Order of reference to them granted the 12 of May, last past, upon a motion made in the Court, wherein his Majesties Attorney Generall, is plaintife against John Bastwick, Doctor in Physick, and others defendants; In which respect the said Iudges have decla [...]ed [Page] their opinions in point of Law, touching the severall matters to them referred by the aforesaid Order, and the same being so read in Court, his It is a strange age when his Majesties own sworne counsell, must thus be of counsell with the prelates against the King contrary t [...] their o [...]h, [...]nd promote their [...]ncroachments upon his prer [...]g [...]tive Roy [...]ll. Majesties Attorney Generall humbly prayed that the said Certificate may be A strange president and motion, I think no age can sh [...]w the like. recorded in this Court, and in all other the Courts at Westminster, and in the high Commission, and other Ecclesiasticall Courts for the satisfaction of all men, that the proceeding in the High Commission, and other Ecclesiasticall Courts are agreea [...]le to the Law and Statutes of the Realme; which the Court held reasonable, and hath ordered it shall so be; and that after the same is enrolled in this Court, and other the Courts aforesaid, the originall Certificate of the said Iudges shall be delivered to the most reverend Father in God It is fit it should end as well as begin with him. the Lord Archbishop of Canterbury his grace to be kept, and preserved amongst the records of his Court,

Which Certificate followeth in these words.

§

May it please your Lordships,

ACcording to your Lordships Order, made in his Majesties Court of Star-Chamber the twelfth of May last, we have taken consideration of the particulars wherein our Opinions are required by the said Order, and we have all agreed:

That Proces may issue out of the Ecclesiasticall Court in the name of the Bishops, And that a Patent under the great Seale, is not necessary for the keeping of the said Ecclesiasticall Court, or the inabling of Citations, Suspensions, Excommunications or other [Page] censures of the Church. And that it is not necessary, that Summons, Citations, or other processes Ecclesiasticall in the said Court, or Institutions or Inductions to benefices, or Corrections of Ecclesiasticall offences in those Courts, be in the It seemes then they are no one of the Kings Courts, because they have neither his name nor Image. Kings name, or with the Stile of the King, or under the Kings Seale, or that their seales of Office, have in them the Kings Armes, And that the Statute of primo Edwardi sexti. Ch. 2. which enacted contrary, is not now in force.

Wee are also of opinion that the Bishops, Arch-Deacons, and other Ecclesiasticall persons may keepe their Visitations, as usually they have done, without Commission under the great Seale of England so to doe.

Primo die Julii 1637.

Jo. Bramston,

Jo Finch,

Hum. Davenport,

Wm. Jones,

Jo. Denham,

Richard Hutton,

George Crooke,

Thomas Trever,

George Vernon,

Robert Barkley,

Richard Weston.

Jo. Arthur Dep.

DOctor Heylin in his Briefe and moderat [...] Aswer t [...] Master Burton (the matter whereof contradicts the Title) written by the Archbishop of Canterburies speciall command p. 102. avers, that it was positively delivered by my Lords the Judges, with an unanimous consent, and so declared by my Lords chiefe Justices in [...] last past (before [Page] this Certificate) that the Act of Repeal the first of Queene Mary, doth still stand in force, as unto the Statute of first Edward 6 [...]. 2. by you so much pressed, and that the Bishops might lawfully issue out proces in their names, and under their owne seales. Which if true, it is apparant that the Archbishop (from whom the Doctor had his information) had received all the Judges resolutions in this point, not onely before the hearing of the cause, but even before his motion in Court, that the Judges might be attended to know their resolution in these points. Is not this prety under-hand juggling, and square prelaticall proceeding, deserving extraordinary Laud? But to returne to the defendants, where I last left them.

Master Prynne, upon Master Holts resort to him by the Lords command, upon his last petition, to his Chamber at the Tower where he was shut up close prisoner, gave him both a fee and instructions to draw up his answer by, with all possible speed: hereupon Master Helt drawes an answer according to his owne minde different from his instructions which he sent to Master Prynne to peruse; who disl [...]king the generality of it, desired him to conferre with his other counsell, and to amend it in some particulars; whereupon Master Tomlins another of his counsell, and Master Holt after two meetings agreeing upon his answer, Master Holt gave order to his Clerks to ingrosse it, and promised to signe it the next morning, that it might be put into the Court. Master Prynne informed hereof payed Master Holts Clerks for ingrossing it, and the next morning by his keeper sent another fee to Mr. Holt to signe it according to promise; who then refusing both the fee and the signing of the answer, and being taxed for it by Master Tomlins (who had signed the paper Coppy) and demanded the reason by Master Prynnes keeper, why hee refused to signe it contrary to promise; answered, that he had received [Page] expresse order not to signe it, and afterwards being taxed for it by master Prynne himselfe, who demanded the reason of this deniall; he told him, that hee durst not subscribe it for an 100 pounds though he had drawne it, for feare of being put from the Barre, he having received a command to the contrary. In the meane time Master Tomlins who was willing to signe it, departed into the Countrey upon his necessary occasions, so that his hand could not be gotten; Master Prynne thus deluded, acquaints the Lieutenant of the Tower with this false dealing, requesting him to informe the Lord Keeper of it; and to desire his Lordship in his behalfe, either to enjoyne Master Holt to signe his answer according to promise as hee had done in Master Burtons case; or to accept of it without an hand; or of it, or another answer signed with his owne hand, since he had done his utmost, and had no meanes to compell his counsell to subscribe his answer against their wills; The Lord Keeper upon this Information, answered, that hee had no power to force counsell to signe an answer, and that it was not his use to doe it, or to receive any answer without counsells hands.

Upon the returne of which answer, Master Prynne replied; that if the Lord Keeper being cheife Iudge of the Court, the greatest officer in the Realme under the King, and a freeman, had no power to enforce his counsell to signe his answer according to duty, equity and promise; then certainly he, being a poore close prisoner had farre lesse power to doe it; and ought not to suffer for his default, which he could not remedy. Hereupon insteed of accepting his answer, this order was made against him, and Doctor Bastwick to take them both pro confesso for their contempt in not answering, and to appoint a day for hearing the Cause.

In Camera Stellata coram Concilio ibidem, 19o. die Maii, An. Decimo tertio Car. Reg.

[Page]

VPon information this day to this honorable Court, by Sir Iohn Bankes Knight, his Majesties attorney generall, that he hath exhibited an information into this Court against Iohn Bastwick Doctor of Physicke, William Prynne Gentleman, and others defendants, for framing, Printing and publishing severall libellous and seditious Books; and that upon the said defendants Bastwick and Prynnes Note. contemptuous refusall to answer the said Information, severall Orders have beene made to take them Pro confesso: It was humbly prayd, and accordingly thought fit and ordered by this Court, that the said cause as against them shall be heard, the first cause the first sitting of the next Terme, when the Information shall be read, and the matters thereof be taken against them, Pro confesso.

VVhere you see, that the sole charge against them, and the ground of their censures was a supposed contemptuous refusall to answer, when as the Offence, and contempt was on the contrary side, in refusing to accept of their answers tendred, and ordering Counsell not to signe their answers.

[Page]In the meane time, Master Burtons answer signed by Master Holt, after it had laine in Court neere three weeks, upon Master Atturnies suggestion to the Court, the 19 of May, that it was scandalous, was * referred to the consideration of the two chiefe Justices, Bramston and Finch: who calling Master Holt privately unto a Chamber, before them, Judge Finch ratled and reviled him exceedingly for putting in such an answer, which he said, was the most pernicious that ever came into the Court; telling him, that hee deserved to have his Gowne pull'd over his eares for drawing it. To whom he replied, that he had beene an ancient practiser in the Star-Chamber, and had drawne it according to his best understanding and wit; that all of it was onely a confession, or explanation of the charge in the Bill, and a recitall of Acts of Parliament; and how this could be scandalous or impertinent, it went beyond his capacity to conceive. And so without more words, these Judges resolved the answer scandalous, and ordered all the substance of it tending to Master Burtons justification and defence, to be expounded; as will appeare by this their certificate.

The certificate of Sr. Iohn Bramston Knight, chiefe Justice of his Majesties Court of Kings Bench; and Sir Iohn Finch Lord chiefe Justice of his Majestes Court of common-Plees, in the cause wherein his Majesties Attorney generall is plaintiffe, and Henry Burton Clerke, and others, defendants.

ACcording to the direction of an Order of this Honorable court, Dated the Ninteenth day of [Page] this instant May, we have considered of the Impertinent, and scandalous matter in the said Defendants, Henry Burtons answer, And are of opinion, that Master Holt the ancientest practisar in the Court then living, Master Bartons assigned counsell was very much over-seene, if all his answer but this (consisting of 40. sheets of paper at least) was scandalous and impertinent. all the said answer is Scandalous or impertinent, and fit to be expounded, except these words in the beginning thereof, viz. The said defendant by protestation, not confessing, or acknowledging, any matter or thing alleaged against him, in, or by the said Information to be true, and saving ever to himselfe all advantage of Exception to all, & every the uncertainties and imperfections therof: And these words in the end of the said answer, viz. This defendant to all and every such supposed unlawfull Combination, Confederacies Disloyalties, Seditious, scandalous and factious Libells, or other unlawfull offences examinable, or censurable in this Honorable Court, wherewith he is charged in, or by the said Information, answereth and sayth, That he is not guilty thereof, or of any part thereof in any such manner and forme as is supposed thereby; All and every which matters of answer this defendant doth averre, and is ready to prove, as this Honorable Court shall award. And humbly prayeth, that all and every such errors as shall be adjudged by this Honorable Court, to have beene by any ignorance of his in the common-Lawes, or Statutes of this Realme, or by any frailty, or infirmity of his, contrary to the loyalty of his Heart, and integrity and sincerity of his intention, and profession, may by his [Page] Majesties gracious Interpretation thereof, and by this Honorable Courts favorable advice, or mediation to his Majestie therein be remitted, and pardoned, and himselfe dismissed by the same Court. All which neverthelesse we humbly submit to the grave judgement of this Honorable Court.

22 May 13. Car. Regis.

Jo. Arthur Dep.

VPon this strange Certificate of the Judges Master Burtons answer was miserably mangled, the whole body and substance of it being quite rased, and nought but the head and feet left upon record; whereby he was made to deny that to be done by him, which he confessed and justified upon oath in his answer, as it stood before this rasure of it.

VVhereupon the examiner comming to Master Burton to the Fleet, where he was close prisoner, to examine him upon Interrogatories grounded on his answer, he hearing of this expungement, refused to be examined, unlesse his answer might be admitted as it was put in; or he permitted to put in a new answer; he disclaiming this answer to be his, since altered in all the materiall points tending to his justification and defence, and turned from a speciall, to a generall not-guilty, necessarily involving him in the danger of periury: Of which the Court being informed by Mr. Attorney, made this ensuing Order, to take the Bill pro confesso against him, only for not answering Interrogatories; a thing never heard of before in that Court, when there was an answer admitted.

In Camera Stellata coram Concilio Ibidem, secundo die Iulii. Anno decimo tertio Caroli Regis.

[Page]

UPon information this day, to this Honorable Court, by his Majesties Attorney Generall, that Henry Burton Clarke defendant at his suite, being served with Proces, stood forth Proces of contempt, and would not be drawne to answer, untill severall orders were made, that the matters of the Information should be taken against them as Pro confesso, Unlesse hee did answer the said information by the times limitted by the said Order, and at length he did put in an answer stuffed with impertinent, scandalous matters, which upon a reference to the two Lords chiefe Justices is since expunged, and Interrogatories are exhibited into Court for examination of the said defendant, and the examiner, as appeares by his certificate now read, hath beene with him to take his examination, but he refused to be examined, so that an attachment is awarded against him, and delivered to the Warden of the Fleete, in whose custody he remaines, A close pris [...]er; It was humbly prayed that the matter of the said Information, & Interrogatories may be taken against him Pro confesso. Upon consideration [Page] whereof the Court hath ordered, that the examiner doe goe againe unto him, and if hee shall not thereupon by this day senight answer the said Interrogatories, they shall be taken against him, Pro confesso, as is desired.

Jo. Arthur. Dep.

AFter this Order, the examiner repaired againe to Master Burton, who upon his former grounds, (because hee had no answer in Court of his owne or his counsels, but onely of the Judges making, which he disclaimed for his, and because his answer to the Interrogatories would contradict the generall answer of Not-guilty, which the Judges had now made out of his speciall Not-guilty;) refused to be examined; and so though his answer were in Court as the Judges altered it, yet for not answering to Interrogatories framed on it as it stood before its expungement, the Information was taken against him Pro confesso, and this order made at a prirate seale out of Terme, to bring the cause to hearing upon one dayes warning onely given to the Defendants, when as by the course of the Court, a Subpaena ad audiendum judicium should have beene served on them, and 15 dayes warning at least given them before the day of hearing.

Apud Aedes Domini Custodis magni Sigilli Angliae, de cimo tertio die Junii, Anno decimo tertio Caroli Regis.

IT is this day ordered by the right Honorable the Lord Keeper, that John Bastwick. Doctor in Physick, Henry Burton, &c. William Prynne [Page] Gentlemen defendants at the suite of his Majesties Atturney Generall, shall have liberty with their keepers to attend their councell, and to appeare at the Barre of this Court on wednesday the 14. of this instant moneth, when the cause is appointed to be heard.

Jo. Arthur Dep.

THese prisoners having this liberty granted them just the day before the hearing, Master Prynne thereupon repaired with his answer (formerly drawne up and engrossed by Master Holt) to Master Tomlins another of his counsell, newly returned out of the Country the evening before; and having got him to signe this engrossed answer, he goeth therewith to Master Holt, desiring him likewise to subscribe it according to promise; who refused to doe it now as hee had done before, protesting, that he durst not for an 100 peeces signe it, because he had received an expresse command to the contrary. Whereupon Master Prynne caries it signed with Master Tomlins hand to the Star-Chamber Office, where hee tendred it to Master Goad, together with another longer answer signed with his owne hand, and an Affidavit, that hee could not possibly procure his counsells hand to his answer before that time; But Master Goad advising with his deputy▪ refused to receave either the answers or Affidavit, though earnestly pressed to it by Master Prynne: who thereupon returned with his answers to the Tower; and prepared himselfe for the hearing the next morning, resolving, that since he was thus fore judged, and taken pro confesso, upon a meere false pretence of a contempt in refusing to answer, to speake nothing, but what [Page] the Court should give him occasion when he appeared at the Barre; Doctor Bastwick, and Master Burton taking up the like resolution; because they were certainly informed, that whatever they spake, their sentence was already determined, and set downe in writing before the hearing came, all being thus taken pro confesso as you have heard and seene by the former orders.

Thus I have given you a faithfull relation of the proceedings in this cause before the hearing, out of the Orders and Records of the Star-Chamber, the legality whereof you shall finde discussed in the close of this Treatise; Now before I come to the day of hearing, give me leave to acquaint you onely with one particular touching Master Holt, hee being sharply checked and terrified for drawing and signing Master Burtons answer, and charged not to signe Master Prinnes answer when hee had drawne it, as you have heard before, was much troubled at it; and being in Court at the hearing the next day, he offered two or three times to speake something in defence of Master Burtons cause; which the then Lord Keeper perceiving, beckoned and held up his finger to him to hold his peace, whereupon hee kept silence. And comming home to his house, as soone as the sentence was passed, his wife inquiring of him how the cause went; he broke out into these speeches. O wife, I never saw a just cause, so unjustly caried, which I could have defended by Scripture against all the World. I had a great desire to speake in the cause for my client, but my Lord Keeper beckened and held up his finger to me▪ to hold my peace: And the poore Gentlemen have received the most unjust, and hardest censure, that ever I heard in that Court. For my owne part, I gave over my practise in other Courts, and be tooke my selfe wholy to this Court to enjoy the liberty of my conscience, thinking to finde nothing but Iustice, and [Page] just proceedings there: But now alas J finde things so carried there, that for this dayes worke sake, I desire never to come more to that Barre, J desire of God, that this may be the last cause that ever I may plead in that Court, which hath partly miscarried through my default (as I am affraid most will judge) though I durst not doe otherwise, beeing so checked and threatned. This sayd, he continued sad, and soone after falling sicke for conceit only of the miscarriage of this cause (as his wife & friends beleeved) hee died; never going to the Star-Chamber after this sentence: the proceedings and passages whereof, I shall next relate.

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A NEW DISCOVERY OF THE PRELATES TYRANNY, In their late prosecutions of Mr. William Pryn, an eminent Lawyer; Dr. Iohn Bastwick, a learned Physitian; and Mr. Henry Burton, a reverent Divine. Wherein the separate, and joynt proceedings against them in the High-Commission, and Star Chamber; their Petitions, Speeches, Cariages, at the hearing, and Execution of their last sentence, and the Orders, Letters for, and manner of their removes to, and close imprisonments in the Castles of Lanceston, Lancaster, Carnarvan, and Isles of Sylly, Garnsey and Jersy; The proceeddings against the Chestermen, and others before the Lords and High Commissioners at Yorke for visiting Mr. Pryane; The Bishop of Chesters order, for Ministers to preach against M. Prynne, and the Yorke Commissioners decree to deface, and burne his pictures at Chester high-Crosse. The House of Commons Order for, and manner of their returnes from Exile; their petitions to the Parliament; the Votes of the Commons house upon the report of their Cases, declaring the proceedings and censures against them illegall, groundlesse, and against the Subjects liberty, with M. Prynnes Argument, proving all the parts of his censures, with the proceedings against him, and his Chester friends at York, to be against Law; are truly related; for the benefit of the present age, and of posterity.

Seneca, Medea.

Qui aliquid statuerit parte inaudita altera; licet rectè statuerit, haud aequus est Iudex.

PSAL 94 20, 21, 22, 23.

Shall the throne of iniquity have fellowship with thee, which frameth mischiefe by a Law? They gather themselves together against the soule of the Righteous, and condemne the Innocent blood: But the Lord is my defence, and my God is the Rock of my Refuge; And he shall bring upon them their owne Iniquity▪ and shall cut them off in their owne wickednesse; yea, the Lord our God shall cut them off.

Printed at London for M. S. 1641.

To the Courteous Reader.

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KInde Reader, I here present thee with a late tragicall History, or new Discovery of the Prelates tyranny, in their unjust Prosecutions, and bloody Persecutions of three eminent persons of the three most noble Professions in the Kingdom, Divinity, Law, Physick; all suffering together on the Pillory (much honoured by them, and they by it) & losing all their Eares at once, to make themselves heare better, and the Prelates Qui malè facit malè audit. worse. Such a spectacle both to men, and Angels, no age ever saw before; and posterity is never like to behold hereafter. To heare of Lord Bishops metamorphosed into Acts 20. 28. 29. Matth 7. 15. ravenous Wolves, is no Noveltie; they have been thus in every age, and will be so, whiles they have continuance: But to see them mounted to such an Altitude [Page] Altitude of Authoritie, and Tyranny, as to crucify Divinity, Law, Physick on the Pillorie together, and to make Judges, Peeres, and Courts of Justice, if not Soveraignitie it selfe, the See Fox Act [...] [...] Monuments v [...]l. 1. p. [...]26. Ed [...]t. ult. executioners of their Malice, cruelty, and private revenge, by such extravagant and untroden courses as were unknown to our Ancestors, is such a prodigious Innovation, as neither Affrica nor England ever beheld the like; and never had beene brought forth into the World, had not a venomous Archprelate proved a Father to engender, a Mother to foster, a Midwife to produce and bring it to its birth.

But alas poore silly Politician! whiles he sought these innocents ruine by those unwarrantable practises, he laid but the foundation of his own overthrow; in the Prov. 26, 27. c. 28. 10. Psal. 7. 15, 16. Psal. 9. 15, 16. Psal. 124. 7. Psal. 140. 9. 10, 11. snare that he layd for them, is his own foote taken, into the pit that he digged for them, he is fallen himselfe; his snares are broken, they are escaped, and he now lies intangled in them; he is Psal. 20. 8. cast down and fallen, but they are risen & stand upright; his mischiefe [Page] now returnes on his owne head, and his violent dealing comes downe upon his own pate; evill now hunts this man of violence to overthrow him, and the mischiefe of his owne lips doth cover him. Iudges 1. 7. As hee hath done, so God hath requited him. Pro. 1. 16. 18. Whiles he made hast to shed their blood, he did butlie in waite for his own; And he Prov. 28. 17 that did violence to the blood of these persons, now fleeth to the pit, (as God hath threatned) let no man stay him; but let all stand admiring Gods Iustice upon him, and his admirable providence, and mercie in preserving, delivering, and Psal. 3. 7, 5, 6. acquitting them from his unjust censures, and that in the highest Court of Iustice, without one negative voyce. The manifestation of this remarkable Iustice, Mercy and Providence of our great God, (Exodus 15. 11. glorious in holinesse, fearefull in prayses, working wonders; not onely of old, but at this present, even in all our Eyes, Psal. 126 2, 3, doing great things for these Patients, for the whole Land, whereof we rejoyce) was the chiefe end of publishing this Discovery, [Page] whereby to daunt all gracelesse Persecutors, and cheare the soules of all sincere professors. If thou reape Benefit or Comfort from it, let God enjoy thy prayses, the Compiler hereof thy prayers.

Farewell, and profit by what thou readest.

Information about this book

Title statement

A new discovery of the prelates tyranny in their late prosecutions of Mr. William Pryn, an eminent Lawyer, Dr. Iohn Bastwick, a learned physitian and Mr. Henry Burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and Star Chamber their petitions, speeches, cariages at the hearing and execution of their last sentences

Prynne, William, 1600-1669.

Edition statement

1641

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2004-11 (EEBO-TCP Phase 1).

ID [DLPS]

A70870

ID [STC]

Wing P4018

ID [STC]

ESTC R13582

ID [EEBO-CITATION]

12717577

ID [OCLC]

ocm 12717577

ID [VID]

66246

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This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A70870)

Transcribed from: (Early English Books Online ; image set 66246)

Images scanned from microfilm: (Early English books, 1641-1700 ; 254:E162, no 1 or 254:E162, no 2)

Source

— A new discovery of the prelates tyranny in their late prosecutions of Mr. William Pryn, an eminent Lawyer, Dr. Iohn Bastwick, a learned physitian and Mr. Henry Burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and Star Chamber their petitions, speeches, cariages at the hearing and execution of their last sentences, Prynne, William, 1600-1669., Bastwick, John, 1593-1654., Burton, Henry, 1578-1648., England and Wales. Parliament. House of Commons..

Extent

[2], 48, 226 p.

for M.S.,. Printed at London :: 1641.. (A briefe relation of certaine speciall and most materiall passages and speeches in the Starre-chamber occasioned and delivered the 4th of June 1637. Reel 254:E.162, no. 2.) (Dr. Bastwick's answer : 254:E.162, no. 2 p. 17.) (Mr. Burton's answer : 254:E.162, no. 2 p. 25.) (Errata listed at end of 254:E.162, no. 2 p. 227.) (Reproduction of original in Thomason Collection, British Library.)

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