A True Relation of the Remarkable Passages, and illegall Proceedings against VVILL. LARNER, and his Servants.
THere being a Book (Intituled, The last worning to London,) sold in many places and shops in the said City, some of them being brought to the shop of one William Larner, in Bishops-gate-street, who after the manner of the Trade of Book-sellers, (which is to buy Books, of all sorts, brought to their shops, not examining the Persons that bring them, either names, or Places of abode,) bought 25. of the said books, not knowing what they were for matter, or examining the Person, what he was that brought them, or where was his aboad, not suspecting any danger in them, either to himself, or others, nor knowing any thing of them, before they were brought to his shop.
But this being done, presently after (22. March, 1645.) there came two Stationers, Miller and Hunscott, into his House, not sbewing any Warrant, yet notwithstanding searched, and found 14. sheets thereof lying openly amongst the rest of his Bookes, there being no Prohibition against them,) for sale; and Eight sheets more, which they had taken from another, (one Woodnet, a Stationer,) who declared, that he bought them of the said William Larner: Whereupon the said Hunscott, and Miller, presently commanded a Constable to assist them, as though they had taken a Thiefe or a Murderer.
So the said William Larner, being carryed before Thomas Adams, Lord Major of London, in Guild-Hall, (many other Aldermen being present,) the Lord Major spake unto Hunscott, saying.
Did you Mr. Hunscott take these Bookes in this mans house?
Yes.
How many of these Books did you buy?
Five and Twenty.
Of whom did you buy them?
Of one that brought them to my shop.
Doe you know the Party, or where he dwells?
I desire the Liberty of a Free-man of England, not to Answer to any Interrogatories, whereby to accuse myself, or others.
Sir, I charge you, (as I am a Christian Magistrate,) Answer me to what I shall aske you: Did you bye no more then 25. of these papers?
I say againe, I desire the Liberty of a Free-man, which is, Not to Answer to Interrogatories. And if my Accusers can prove any more, I am here ready to answer.
Then Mr. Larner was caused to withdraw, and being called againe, was committed to the Poultry Counter, by command of the Lord Major, and after the space of Three houres, there came this following warrant from the Committee of Examinations to shut him up close Prisoner, and to suffer none to speak with him, but in presence of a Keeper. viz.
21. Martii. 1645.
AT the Committee of the House of Commons for Examinations: It is this day Ordered, that William Larner, Prisoner in the Counter in the Poultry, be kept a Close Prisonor, and none to be permitted to speak with him, but in the presence of his Keeper, till Munday next, and then to be first brought to this Committee.
Then upon Munday, the 24. of March, the Under-Marshall of London, and other Officers, came to fetch the Prisoner to the Committee, but the Prison-keeper demanded two Shillings, for two nights Lodging, which being refused to be paid, he was commanded to be locked up againe by the said Marshall, so he went away, and awhile after, sent two of his men to fetch the Prisoner, but first he must pay a shilling, though it was all he had about him; which so prolonged the time, that the Committee was risen before the Prisoner could be brought thither: So he being brought back by the Marshall, he committed him to his own Prison in Maiden-lane, where he was kept four dayes without warrant, where of two of them, to wit, the 26. and 27. of March, he was kept Close Prisoner, that none might speake with him, at the command only of Hunscott, and one Whitaker a Stationer, which command was given in his owne hearing, to Mr. Hodgkins, under Keeper of Maiden-lane Prison: Whereas the Committee had given no such Order, but only commanded the Marshall to take care of him, which was on Tuesday, March, 25. when he was examined, the particular Passages whereof were as followeth.
The Committee, having much businesse, it was divided into two parts, the one purposely to try the said William Larners Case: So the Stationers and he being called in, he was commanded out againe for the space of an houre, but being called in againe, hee thus addressed himself unto the Committee.
May it please this Honorable Committee: I conceive it but equity, seeing I was caused to withdraw, whilst I was accused, that my Accusers withdraw now also, whilst I have liberty to speake; which being done; he desired these three things.
I. That the Committee would deal favourably with him, in regard of his unacqaintednesse with the manner of their Proceedings: And in case any thing through ignorance might escape, tending to the Infringing of his own, or the Subjects Liberty, be might have leave to recall it.
II. That as he was a Commoner, or Free-man of England, bee desired the Liberty of a Free-man, not to answer to Interrogatories, whereby to insuare himself or others.
III. That if it might please the Honourable Parliament, to grant him the Liberty of the Common-Law, hee would not doubt in a short time, to prove some of his Accusers Thieves and Robbers, not onely in the time of the Bishops, but in time of this present Parliament.
Whereat one of the Committee said, Have you any thing more to say?
Not till I heare of what I am accused.
Doe you know this Book?
I have seen it.
How many did you sell of them?
Eight sheets, and 14. they took in my House.
How many did you buy?
Twenty five.
What became of the other three?
I know not.
Of whom did you buy them?
I desire the Liberty of a Free-man, not to incrap my self, or others.
Mr. Larner, take heed, and speak truth, and spake as if you had taken an Oath, though we tender none to you, if you look at us, as Magistrates. And now Mr. Larner, speak as if you were a Preaching. Another, upon hearing of his Name, said; Larner! I promise you, hee hath learned his Lesson very well.
Then Hunscott charged severall things upon him: but being put to prove them, he could not, nor any thing else, which was a transgression of any Law. This being the second time of his being at Westminster, but the first and last of his being heard, though he was commanded; and waited six severall times at that High-Committee Doore.
Thus Courteous Reader, this our Worthy Friend, and Fellow-Commoner of England, being turned over to the House of Peers, I shall first present thee with the Copy of Three Petitions, one from his Wife to the House of Commons, and two from himself, to the house of Lords, with two Letters from him to Parliament-men; before I present thee with the particular Passages concerning this businesse in the House of Peeres; but first I shall insert the Copy of the Two Warrants [Page 7] for his, and his two servants Commitments; his Commitment being foure dayes after hee was Prisoner in Maiden-lane. (two dayes whereof, hee was kept Close-Prisoner by the Stationers sole command,) as appeares by the date of this following Warrant.
28. Martij. 1646.
At the Committee of the House of Commons, for Examinations.
IT is this day Ordered, that William Larner be continued in the Custody of the Marshall of London, in the New-Prison in Mayden-land, as he was before, till further Order from the House of Commons, or this Committee.
Die Jovis. 16. Aprill. 1646.
IT is this Day Ordered by the Lords Assembled in Parliament, that John Larner, and Jane Hale, shall stand committed to the Prison of the Fleet, for refusing to take Oath to testify their Knowledge, as witnesses in a cause depending in this House, untill the pleasure of this House be further signified; and this to be a sufficient warrant in that behalf.
To the Right Honourable, the Knights, Citizens, and Purgesses in PARLIAMENT Assembled. The humble Petition of Ellen Larner, wife of William Larner.
THat Your Petititioners Husband, to the ulmost of his Power hath endeavoured to advance the service of the Parliament, having therein lost two Servants, and been himself Sutler, to the Regiment of the Right [Page 8] Honourable, the Lord Roberts, in which Regiment is due to your Petitioner, the Sum of 46. Pounds, 6. Shillings, 6. Pence, as by evident proof bee is able to make appear; And during his absence since his returne home, the Wardens and Beadle of the Company of Stationers, did sundry times search, ransack and break open your Petitioners Trunks, and injuriously carry away her goods, contrary to Law, and any Warrant which they could produce; And since his return home, hee hath been by the malice and instigation of the said Wardens and Beadle committed to close Prison, and is yet in custody, and your Petitioner, being with childe, seeing the violent apprehension of her husband, fell into a dangerous sinknesse, to her great charge and dammage, by all which agreevances, Your Petitioners estate is totally consumed, and her Husband greatly indebted, and is utterly unable to defray the charge of imprisonment, supply the extream wants of his Family, (which is 6. Persons,) or relieve his aged Father and Mother, who are past labour, and were lately Plundered in Gloster-shire, or satisfie his Creditors.
Wherefore Your Petitioner most humbly prayeth this Honourable Assembly, to be pleased to Order, that her Husband may be suffered under sufficient Bayle, to follow his Calling, thereby to prevent the apparent ruine of himself, and his whole Family; And he will be ready to Answer to any thing wherewith hee shall be justly charged, when hee shall be commanded before this Honorable Assembly.
Which Petition the Petitioner humbly offered, first to Sir Isaac Pennington, a Commissioner for the City of London, to the Parliament, and next to Sir Matthew Baynton, to be presented to the House of Commons, but they absolutely refused to meddle with it at all.
To the Right honourable, the House of PEERES. The humble Petition of VVilliam Larner.
THAT Your Petitioner hath been in Actuall Service for the Parliament, and shall be ever ready to approve himself in all his Actions, to [Page 9] be such, as he doubts not but to cleere himself of the Accusations laid to his Charge, if he may have the benefit of the Law, which is his Birth-right.
That your Petitioner is not bound by Law to Answer Interrogatories against himself nor others, till he hath the same to consider of, and then your Petitioner is at liberty to put in his Answer in writing: neither can Your Petitioner by law be proceeded against, being a Free Commoner, but by the Try all of his fellow Commons, in Actions criminall, according to Magna Charta.
Therefore Your Petitioner humbly prayeth, that he may have the benfit of the law; and that he may not be compelled to answer to Interrogatories, till a legall Charge be given against him at law, and then according to law, he may be permitted to make a legall Defence.
But the Petitioner not hearing of any Issue concerning his enlargement, neither any kind of Answer of one or other, after many dayes patience and attendance, did send this second Petition.
To the Right Honourable, the House of LORDS, Assembled in PARLIAMENT. The humble Petition of William Larner, Citizen and Stationer in London, now Prisoner in Maiden-Lane.
THat Your Petitioner, out of his good affection to the State, left his Wife, Family and Calling, and voluntarily went in the service of the Parliament against the common Enemy, where he continued a long time, untill he was visited with sicknesse, and thereby necessitated to come home, and being much impoverished and wasted in his estate, having lost two of his Servants likewise in this war, and having received little or no pay; there being in arrear, and due unto him 461. 68. 6d. upon account by the Parliament.
That Your Petitioner, for the maintenance of his Family, and charge, following his former calling of Bookselling; One Hunscott, a [Page 10] Beagle of the Stationers, with his Partners, under colour of searching for Scandalous books, did enter seven severall times into your Petitioners house, and both break in pieces, and forcibly carried away much of Your Petitioners goods, having never hitherto made any restitution or satisfaction therefore.
That the said Hunscott, in further prosecution of his malice, hath of late againe broken in into, and searched your Petitioners House, apprehended and carried him to the Poultry Counter, causing him to be kept close Prisoner severall dayes, not suffering any of his friends to come at him; and afterwards, from thence to Mayden-lane Prison, where he hath continued 22. dayes: And for his further vexation and charges, hath been carried Eleven times to Westminster, yet no breach of any law ever proved against him.
That Your Petitioners Wife was so frighted by the said Hunscott, and his Confederates, that shee lay deadly sick, like a Woman in travaile, most of the time of his imprisonment; And by reason that your Petitioner is taken from his Calling, both hee, and shee, with their Family, are ready to perish, except some speedy course be taken for his Deliverance, that hee may use lawfull meanes for their subsistance.
Your Petitioners humble suite is therefore, That Your Lordships will be pleased to take his former Petition into your serious consideratin, and in your noble disposition, no longer to expose your Petitioner, his wife, and family to ruine, which they cannot avoide, if your Petitioner may not have his liberty, and be permitted to follow his Calling, for the maintenance of himself, wife and family; and the rather for that Your Petitioner hath not transgressed any knowne Law of this Kingdome, but onely have done that which others of this trade daily use to doe, even to buy and sell books of all sorts, which are not prohibited, neither can his Adversaries, nor any others, prove that he, or any for him, have bought or sold any of those Bookes, for which hee is now questioned, since they were called in, and prohibited.
The Copy of a Letter from William Larner, to Sir Henry Hayman, a Member of the House of COMMONS, as followeth.
AFter my humble service presented, these are to certifie Your Worship, concerning the condition of your poor supplicant, being imprisoned for selling Eight sheets of printed Paper, intituled the Last Warning to London; twice have I been kept close Prisoner, that none might speak with me; seven times brought from the New-Prison, to attend the Committee of Examinations, and but once examined, and have not the least breach of any knowne Law found against me; Also my wife being much frighted at their rigerous and harsh courses, hath for these 12, dayes been very And during, that sicknesse shee miscarried. sick, and likely thereupon to have a miscarriage; having no guide for my Family, they depending on the Labour of my hands for their bread, having been formerly in the Parliaments Service, in which also I lost two servants, and my Father and Mother having been lately plundered by the Cavaliers, being left very poore, and having much of their relief from me, out of my labour, there being due to me for my service, 46l. 6s. 6d. Moreover my Accusers, have since this day Twelve-moneth searched my house, broken in pieces, and unjustly carried away much of my goods, under pretence of Authority from the PARLIAMENT, fix severall times. And at this present, 3. or 4. others being in question for the same things, yet they are at libertie, and I in prison, to my utter ruine and undoing, which I desire your Worship, to take into your consideration: And as Job saith, to open your mouth for the dumbe, and as in duty, I shall ever remaine.
[This Letter was delivered, but no Answer returned.]
The Copy of a Letter from William Larner, to Sir Henry Veine the Younger, a Member of the House of Commons, as followeth.
THough unknown to You by face; yet as a Commoner of England, I am bold to present unto you my present Suffering condition, and [Page 12] how illegally and Injuricusly I have been dealt withall, and proceeded against, by my accusers, and Persecutors, You that are intrusted for the Commons of England, and have sworn and engaged your selves to defend their just Liberties and Freedoms, for which they have so freely and cheerfull undergone all hazards, should (now, after the Common Enemy is almost brought under,) suffer us daily to be cast into Prison, and robbod by these wicked Proomoters, and Informers, Hanscott, and his Fellows, who ever made it their trade, as well under, and by the Bishops, before this Parliament, as now under and by colour of Authority, from the Committee of Examinations, to rob and spoile honest mens houses, under the name of Searchers, is strange to me; yet could I never heare of any, whom they thus searched for, Imprisoned, and broken their houses, were ever convicted, or proceeded against in any legall way; I was carried before the Lord Major of London, who would have examined me against my self, contrary to Law, and so committed: after was I carried before the Committee of Examinations, who would have had me to answer Intergatcries against my self, just High-Commission-like, to the end, when they have not wherewith to charge me, to get something from my self, to give colour to their doings; seven severall times they have had me at Westminster, and now they labour to get me turned over unto the House of Peeres, thinking to effect and compasse their mischievous ends upon me there, which they cannot doe well elsewhere. In all crimminall Causes; you know, Commons are to be tryed by Commons, as Peeres by Peeres; so that if any should attempt to bring a Peer to tryall by Commons, the Peers would not give way unto it; And I hope, the representative body of the Commons of this Kingdome, will never give the Commons right and Birthright, into the hands of the Peers; but as you are tender of your own Priviledges, so give us leave to stand for our Liberties, and let it be your care, to see the same preserved; I have been in the space of 12 dayes, committed to two severall Prisons, kept Close Prisoner, and for certaine dayes, none permitted to spake to me, or come at me, and worser used, then they doe Thieves, Murderers, or Traytors, and yet my charge no other then for felling Eight Printed sheets of Paper, Intituled, The last Warning to London, which I bought in my shop; as the manner of our trade is, to buy Books of all sorts; This bearer can informe you of the truth of my bad usage, [Page 13] how my wife hath all this while been sick, in pangs like a travailing woman, being frighted with Hunscott, and those that have seven severall times searched my House, who took away from me much of my goods; Sir, I have heard a good report of you, and of your readinesse in furthering honest mens causes; I desire nothing from you, but the benefit of the good Lawes made against Oppression, & Oppressours, that you will not suffer me to be ruined by these Old Informers, and Quandam servants to the late Bishop of Canterbury, and if by your mediation to the House of Commons, I may obtaine so much favour, as to have Common Justice, which is every Free mans Birth-right, to make my legall Defence; and liberty given, I doubt not, but to cleer my self, and prove, that some of those my Accusers, not onely to be Thieves and Robbers of other men, but such as are, and have been unworthy Promoters and Informers under the Bishops, by which trade, they live and subsist, and if by legall conviction, I be found guilty, I shall not refuse to submit unto such exemplary punishment, as by the law may be inflicted upon me, but in case I suffer unjustly, through your neglect, and you shall refuse to give me your Assistance, for the freeing me from the malice of these base Informers: If I cannot, yet some of my friends will make it knowne to the World, where the fault is, & how Justice is denyed us; besides, how I was actually a long time in the Parliaments Service, adventuring my self for them in this Warre, and how 461. 6s. 6d. is due to me, as the Right Honourable the Lord Roberts, and many of his Officers of his Regiment can informe you, and till you pay the Principall, whether these cruell doings, and Imprisonment, must serve for Interrest, I referre it to your own self to consoder of, and how much, (if you suffer these things,) it will dishonour you, besides alienate the affections of the People from you; which that it may not be, is the desire of him, who is
[This Letter was also delivered, but no Answer returned.]
Now to proceed to the businesse before the Lords. The 8. Time of his being hurried to Westminster (which was the second day of his going to the house of Lords, Ap. 3. 1646.) he being brought thither with two others, to wit, Mr. Giles Calvert, and Mr. Overtons man, Henry Crispe, and standing at the Barre, the Earle of Manchester saith.
Which is Larner?
I am the man.
Mr. Larner; here is a Book, intituled Londons last Warning, which you are look'd upon to he both Author, Printer and Publisher.
You are to answer to whatsoever this Court shall demand of you.
I desire this Honourable House to admit of one word; that is, Whether I be brought hither to be tryed by Rule of law, or not?
Wee are not to Answer to your requests; but you are to answer to all this House shall demand of you: [looking in the paper in his hand, said,] Will you answer or not?
I▪ humbly conceive, it is provided in the Law, that no Answer is to be made otherwise, but by way of Bill, or Answer in writing: And I humbly conceive further, that every Commoner in England in criminall Cases, is to be tryed by the House of Commons, as Magna Charta saith; and therefore I shall humbly beseech, this Honourable Court, wholy to leave this Case unto them, they having begun the tryall thereof already.
Whereat they were caused to withdraw, but presently after, both the Accusers, and accused, were all called in face to face; Miller, one of his Accusers, thus delared against him.
I went, by the Lord Majors command, to see if I could find out the Authour, Printer, or Publisher, and comming to Cornhill, at a shop, found 8. or 10. sheets thereof; where he was informed, that Larner was the seller of them; so hee and his fellowes, (naming Hunscott,) going thither, found them lying in Larners Window before him, as he stood at worke: to which Hunscott agreed, and added, that it was proved at the Committee for Examinations, by the Letter-founder, that Larner was hee that bought the Letter which printed the Book. How true this is, all honest people may judge from the Founders owne words, given in upon Oath: which shall be inserted in their proper place: But the Founder, and the other Bookseller in [Page 15] Cornhill, being not there, they proceeded no further that day.
He being commanded the second time before the Lords, his Accusers, with their Witnesses, were called also in; the Witnesses which they presented, were 3. Viz. Mr. Nicholls, a Letter Fownder, Woodnet a Book-seller, and Conly a Pursevant; These three were all sworn to speak the truth, and nothing but the truth; what they knew in this businesse concerning Mr. Larner. Then VVoodnett was first asked about the Bookes, how many he bought? Who answered; shall it please you my Lords, I bought of Mr. Larner 8. or 10. Sheets; I know not whether, he is here that sould them, and they that took them, who can tell as well as I.
No; hee never bought, nor fetch'd any Letter from mee; indeed Larner was proffered for Surety, but I returned him, because of his Poverty.
Who then was bound?
One Smith.
From whom did you receive the money?
Of the said Smith.
Shall it please you my Lords, I am a Messenger to the Committee of of Examinations, who sent me with Mr. Hunscott, to search Smiths house, and when we brought him along, wee asked him, of whom he received the money, and he said, of Larner, and Mr. Hunscott bade me bear witnesse.
And is this all you can say?
Yes.
Mr. Larner, you see what course we have taken, and you heare what is laid to your charge, and proved by Witnesses under Oath: Now it remaines, that you should speak to cleer your self.
My Lords, shall it please your Honours, as I humbly conceive; if it be a Transgression of a law, for being bound, and for paying money for a Commodity, then he that sold the Commodity, hath also transgressed a Law.
Have you any thing else to say?
My Lords, as for the Bookes, I have done nothing, but what is the manner and custome of all our Trade, to buy all manner of Bookes, being carried about to be sold at shops by Men, Women & Children, and those being brought to my house; I did not much minde them, being busy about my other employment, to wit, binding of Bookes, and to this day and houre, I doe seriously declare to you, I doe not know any one sentence in it, except the Title, for I never read six lines of it.
Of whom did you buy them?
May it please your Lordships, (as I said before, so I desire againe) that you may spare me in that thing; for under favour, I conceive, that a man is not bound by any law or Reason, To accuse himself or others,
What servants have you?
I have a Brother liveth with me, which hath been 3. yeers in the Service, by the same token, he hath 16 or 17 l. due for the said Service, and besides him, I have an antient Maide, neer 60. yeers of age.
Wee have not used you so bad yet, but Wee will use you worse before we have done with you.
Then upon Thursday, Aprill 17. he with his 2. Servants, was brought to the Lords Barre: but his servants being commanded to be sworne, they plead ignorance in an Oath; Then the E. of Manchester told them, They must swear to answer to such Questions as that Court should demand; the which they refusing, were both committed to the common Goal of the Fleet, where they remain still in durance.
And upon the last of Aprill, 1646. Hunscot, and 4. of his Partners, came in the night-time, and searched Mr. Larners chamber, and Pocketts in the Prison, as other birds of their feather, did that other worthy Prisoner, Mr. Musgrave, two moneths agoe in the Fleet, who also suffereth for the Freedom of the Nation. There is a little book called Every Mans Case, newly divulged in the behalf of Mr. Larner, and is printed with another Letter thereunto annexed.