EVERY MANS CASE, OR, A brotherly Support to Mr. VVILL. LARNER, Prisoner in the New-Prison in Mayden-lane, LONDON. Also another Letter from a Prisoner, to Mr. Larner.
BY Reason of your Sufferings, I am much grieved, especially to consider, that good men should still be subject to the Tyranny of the late High-Commission Promoters, and Informers, the Stationers, through whose malice, both You and your Servants are thus Imprisoned: Wee have known and observed them a long time, how they have been a naughty and vexatious people to all Good Men, as mischievous as any Pattentees in England: In the Bishops times, they were like Setting-Dogges, to hunt Good Men and Women into the Star-Chamber, and High-Commission Netts; and wee see, it is to little purpose to put downe those Courts, and not Punnish those wicked men; for they hate all that are honest in their hearts, because they that are honest, are against their Patent: and therefore they studdy night and day how to undoe them, and are like Mothes in the State, creeping into imployment, upon pretext of doing great service, but indeed, being corrupt themselves, endeavour to make others so too, and mislead them that give care to them, into such courses, as will in time make them odious to the World, so true it is, that those that touch Pitch, shall be defiled therewith.
And such as they have been, such they continue; for without doubt, they are the principall cause why this inhumaine course of examining men upon Intergatories is continued, especially in criminall causes, notwithstanding it hath been so cryed out upon by Parliaments, by Martyrs, Ministers, and all true Christian Lawyers, as a thing against the Lawes of God, of Nature, Nations, and of this Kingdome, (as was faithfully pleaded the other day in Colonell Lilburns case, at the Lords Barre,) in which Case, and likewise in another of greater moment, about a Petition rejected by their Lordships, their Lordships have dealt so Nobly, and Worthily, as hath put their Honours past all hurt or blemish, From such Paperpellets, as have unhappily occasioned your sufferings: And if all other Parties, intimated in that Paper, (Londons last Warning,) prove when they are tryed, as their Lordships have done, the Author will have cause to repent his too hasty Zeal. And certainly their Honours had past it over, and had not insisted thus upon you, but upon the Stationers instigation, and misinformation; and will not persist to examine Free Commoners, ex Officio, nor Servants against their Masters, against their Wills: all sorts of People, great and small, ought to doe as they would be done by; and God by his Providence faileth not first or last, to render measure for measure; Therefore I hope, their Lordships will give care no longer to the malitious suggestions, and insinuations of wicked men, but upon consideration of your faithfulnesse to the Parliament, the affliction of your Wife, and family; and that a small time of imprisonment may undoe you and them, they will not retaine you longer, but set you free, and look upon the Stationers, as Cankers of the Common-wealth, and destructive to all true Honour.
However, you doe well to stand in the Liberty, wherein God, and the Law of the Land hath made you free, and not to be intangled with any yoake of bondage; the greatest whereof, is for a man to be bound to Accuse himself, or another: and next thereunto, is to be enforced, to be Tryed otherwise then by his Peers or Equalls, in both which, you have carried your self like a true English-man, chusing rather to suffer imprisonment, and great affliction, then betray your native Liberties, and the Liberties of your Country, for which, all good People will ever love and respect you, and all others, who have done, or shall doe, as you have done herein.
Pilate is the first we read of, that endeavoured this cruell distorting of the mind, saying to our Blessed Saviour; I charge thee by the Everlasting God, tell us who thou art; a bad President for Christians to follow: and strange it is, it should be owned by any but Star-Chamber, High-Commission, or Pattentee-Christians; farre be it from any that would truely deserve that holy Name, to owne so unholy a practise, and if any favour thereof, be to be found in any of our Legall Tryalls, though it be but to Answer Guilty, or not Guilty, as it came, and crept in by Tyranny, (for those who know the Truth, know it to be so,) so ought it to be totally excluded by those, who would be esteemed true Christian Law-makers, or Reformers.
The Lords, by the instigation of the Stationers, have taken offence against you, wherein themselves are Partees, and if there were no other Reason, it is most unequall, they should be your Judges: But the Law of the Land is expresse, That you a Commoner, are not to be adjudged of Life, Limbe or Liberty, but by Commoners, who are your Peers, and that upon sufficient Testimony of honest and faithfull Witnesses, face to face, in open Court. Friend, you are upon a sure ground, for these things are so essentiall, to the Freedom of the People, as Parliaments will never alter them; nor I hope, act contrary to them.
And therefore, however the Commons in Parliament, have (upon mis-information,) delivered you up to the Lords, to be tryed by them, yet may they as well transferre all the Power they are intrusted with, by the generality of all the Commoners of England, and referre the whole Government, to the sole disposing of the Lords. And indeed, they have done little lesse in this act, then delivered us all up to the Lords, for there is the same equity for their trying and Imprisoning mee, and so of every man, as for their trying and imprisoning you; So that your case in this particular, Is every mans Case, though generally, men are so sottish, as to be sensible of the lash, then, only when it falls upon their own backs, not considering, That they may suffer to morrow that misery and calamity, which today their Brother groanes under. I hope therefore, upon better consideration, the House of Commons will take you to their own Protection, and deal with you, as is justly due to every Commoner, and not hold you in Prison, unlesse by faithfull and credible Witnesses, they find by the Law of the Land, you are guilty of a crime deserving the fame.
And that must be no small one, for beleeve it, our Fore-fathers esteemed Imprisonment no small Punishment. Frequent Imprisonment, is an effect of exorbitant Power, by which, sooner then by any other meanes, plain and mean People are brought to stoop to the Wills of the Mighty: it being the way to destroy them, their Wives, and Families, by keeping them from their trades, husbandry, and other Callings: and hath served more then any one thing to break the Spirits of the people: being a subtill politick punishment, that makes, and keepes men tame, and fit for slavery, whereas all other punishments, if injurious, makes people wilde, and therefore this hath been practised by those that have most encroached upon the Liberties of the English, as will appeare by Proceedings of fourty or threescore yeeres last past in Court, City, and all Countries, every trifle hath been sufficient to procure an Imprisonment, and the Land groaneth under this intollerable burden still. But of all other Testimonies of our Bondage, Close Imprisonment is the most manifest: where a man shall be kept from the sight of his Friends, and Comforters in his bonds, and in a gastly apprehension of he knows not what mischief may befall him, as hath formerly happened to divers great men, (that might be instanced in,) by meanes of the advantage wicked men have taken from the opportunity of safely doeing mischief to a Close-Prisoner. Next to the Rack, and Torture, certainly this is the most unchristian, unmanly, and irrationall usage of Free-men, and will, we hope, in this time of Reformation, be utterly banished out of this Land: Never had Parliament such an opportunity as this hath; Nor are we to doubt, but they will performe the same: and I should be glad to see some fruit thereof in their bearing towards you. And that they would look back upon the Stationers, (and all other Monopolizers,) and remember them, when they shall make suit to have the Printing of the Bible, or for other favors, that they have dealt treacherously with the Parliament, and have ministred occasion of much trouble and vexation to them, and many of their most faithfull Friends, being as the Amalekites were to the Israelites, in their Passage from Aegyptian-Bondage, to the Freedom of Canaan. God, I trust, will at length remember them, and will also, I trust, deliver you out of the power of their malice, and recompence you a hundred fold for these your Sufferings. The Commons in Parliament have a right in you, which they cannot disclaime; [Page 5]other Judges you have not; it is most unequall you should have other, as I could in few lines demonstrate, past all deniall; but I will not doe it now, and I hope, I shall not have further occasion to visite you in this kind; I doe not desire it; I heartily wish you at home with your Family, as knowing a little longer imprisonment, may prove your utter overthrow: which would very much afflict the Spirits of your faithfull Freinds, and would not be for the honour or profit of any. However, comfort your self in GOD, and be well assured, hee will never leave you, nor forsake you; And when the memories of those Officious men, that sollicite against you, shall be odious to all good men; you will be remembred, as one that knew and maintained the just Liberties of England, and shrunke not in time of Tryall.
Another LETTER, from a Prisoner, to Mr. LARNER, Prisoner in Mayden-Lane.
ALthough this Kingdome hath been long vassallaged, and kept under an Arbitrary and inslaved Power of evill Governours, and corrupt Judges, and so farre have the Counsells of some prevailed, that for the freeing and recovery of our just LIBERTIES, wee have been necessitated to engage our selves in this costly and uncertaine [Page 6]warre against the common enemies of our Lawes, wherein the Free-People have not spared to approve themselves, in powring out their blood, and spending their estates, neither have fainted in the worst of extremityes, but with all cheerfulnesse have undergone all hazards & difficulties, proposing to themselves no other end, nor expecting any other reward, then to restore our Lawes to their former vigour and strength, to recover, and leave the same to their Posterity and Children, as a Portion and Inheritance; in pursuance whereof, our endeavours have had such good successe, that when wee seemed to be cast downe, and given for lost, and irrecoverable, of a sudden, even to admiration, we were unexpectedly raised againe, and as it were restored to new life, and victorious Trophyes gained over our Enemies, of late have been so many, and great, that few Ages or Histories can paralell the same, so as we conceived, all lets and hinderances were taken out of the way, which might any wayes prevent us from injoying the benefit and comfort of these our good Lawes, and just Liberties, formerly trampled under-foot, yet so it is, that of Late, by mis-information, and cunning under-hand dealing, some under faire and colourable pretences, have attempted to bring us under a servitude, more dangerous and destructive to our Lawes and Liberties then the former, whereby the Spirits of the People begin to be much dejected, their affections changed, and many brought into a dislike of the present Government under the Parliament. For daily, by abused Authority, one or other of late have been cast into Prison, for no other thing then their clayming, and holding to their peculiar Interests in the Lawes, and for not consenting to betray their own Liberties; But now, (Deare Friend, and Fellow-sufferer in bonds for the Common-Liberties,) we shall not I hope any longer be deceived in our expectation for the fruition of our long desired liberty; for the presentative body of this Kingdom, in whom the high Powers of this Kingdom reside, have declared, Wee shall no longer be denyed Justice, neither otherwise proceeded against, but according to law; for this is agreeable to their own words, laid down in their Declaration of the 4. of Aprill, 1646. which saith, Wee declare our true and reall intention and endeavours, to be to maintaine the Antient and fundamentall government of this Kingdom, and to preserve the Rights and liberties of the Subject: what more full then this for the vindication of our Liberties; what can we [Page 7]desire or expect from them further, then for manifestation of their true intention, but this, That their Actions and proceedings for and against us, to be suitable & correspondent to their Expressions & Declarations, which untill we finde the contrary, let us not doubt of, but with boldnesse put our selves forth, and require of them the benefit of the good lawes they have made and confirmed; and I doubt nothing, but these Noble Lords will in this concurre with the house of Commons, and no longer be carried away through the subtill insinuation, and sinister Practises of your Adversaries, and cease to prosecute or proceed to further Tryall against you before them, but will allow you that liberty which in Justice they cannot denie you, to make your legall defence; and if you have offended, (as in all criminal causes it ought to be,) they will not hinder, nor prevent the Law, but give way, and consent, that your Tryall be by your Equalls, and fellow-Commoners, according to the Fundamentall Lawes of this Kingdome, and will cause you to have full and ample reparations for the great losses & sufferings sustained by this their hard & in just Imprisonment of your self and Servants; which being duly examined by the Letter of the Law, and Magna Charta, will plainly appeare to be so: For by Magn. 9. H. 3. cap. 29. it is Inacted, and Declared, That no Free-man shall be taken or Imprisoned, or otherwise destroyed, nor will the King passe upon him, nor condemne him, but by the lawfull judgement of his Peeres, or by the Law of the Land: Justice and Right shall not be denyed, or deferred to any Man: As you are a Free-man, so the law is your Inheritance, which you have stood & suffered for, and now, I hope, both you and I shall receive the benefit thereof, according to their owne Declaration, and be no longer Restrained of our Liberties; which is desired of him who is your Friend, and Partner in the same afflictions with you, for the Common Liberty.
POSTSCRIPT.
CErtaine Passages in the late Relation of the Illegall Proceedings against Mr. Larner, were through some casuall mistake omitted, which for the further satisfaction of those who are desirous to be acquainted therewith, are hereunder annexed. Ʋiz.
That the uprightnesse and fidelity of the said Mr. Larner, to this present Parliament, the ancient Immunities, Birthrights and Freedoms of the People, ever hath been such, as envy it self is not able to prove any thing against him, to render him guilty; and though in his debursements for the common good, he may not in the predicament of quantity, be numbred with the mighty and wealthy, yet in quallity, he may challenge precedence from many such, even so much, as the poor mans Mite sometimes exceeds the rich mans Treasure; for from his owne voluntary Freedome, he hath abstracted from his Necessities, to make an Offering for the Redemption of our Native Freedoms, which in Equity, is more estimable, then ten times more, spared from redundant superfluity: yet (notwithstanding his continued fidelity to the State), it is his unhappinesse, from the hands of such, who should rather cherish, honour and countenance him, and all such who are so faithfull to the Common-weal of this Kingdome, then to suffer him or them to be still subjected to the malice of such fraudulent Varlets, and but lately Episcopall Arbitrary Catch-poles as Hunscott and his Confederates, who thirst after his blood; for it is Hunscots desires, (if his tongue may give evidence to his thoughts,) that Mr. Larner might be whipt once a day, for six weeks together, and then to beat Hempe other six Weekes, and then to be hanged.
Such measure as hee metrs another, ought (in equity) to be mett to him againe.
Such as are desirous to be further informed concerning the Native Freedoms of this Nation, let them peruse the litte Treatise, Intituled Englands Birth-right, and the Book called, Another word to the wise. Where they may find much worthy Information, and great satisfaction.