The severall Humble PETITIONS OF
- D. BASTWICKE.
- M. BURTON.
- M. PRYNNE.
And of
- NATH. VVICKINS, Servant to the said M r PRYNNE.
To the Honourable house of PARLIAMENT.
Whereto is added the humble petitions of severall Friends of the said M r PRYNNE, and the acknowledgment prescrib'd to be made by Calvin Bruen, and the rest, in the Cathedrall Church of Chester, and Town-Hall thereof, for visiting the said Mr. PRYNNE.
Printed in the Yeere, 1641.
TO THE HONOVRABLE The Knights, Citizens, and Burgesses, of the Commons house of Parliament.
The humble Petition of
VVilliam Prynne, late exile, and close Prisoner, in the Ile
of Jersey.
THat your Petitioner, though not conscientious to himselfe of any voluntary or apparant offence against the Lawes of the Realme (to which he ever studied to conforme himselfe) through the malicious practises and persecutions of some Prelates and Church-men, (especially the now Arch-Bishop of Canterbury, and Peter Heylin, Doctor in Divinity) whose errors and Innovations, contrary to the Doctrine and Discipline of the Church of England, and extravagancies, in the high Commission, and other Ecclesiasticall [Page 2]Courts, your Petitioner for his owne reliefe, being there unjustly profecuted (had to his weake power oppugned) hath within eight yeeres last past, undergone two heavy Censures in the Starre-Chamber Court.
The first upon an Information there exhibited against your Petitioner, by M. No [...], deceased, then Attourney Generall, for some misconstrued passages, inoffensive in themselves, and in your Petitioners true intention, being for the most part the words of other approved Authors, comprised in a Booke, stiled Histriomastix, written by the petitioner, against common Interludes, and licensed for the presse by M. Thomas Buckner, houshold Chaplaine to the then Arch-Bishop of Canterbury, authorized by the State to license Bookes, and by him exactly perused, and approved both in the written and printed Copy, before its publication, and so confessed in the information; for which authorized Booke and passages, your Petitioner before the hearing of the cause, was not onely imprisoned in the Tower of London without Baile of Manuprise, for a whole yeares space, denyed accesse to his Counsell, convenient time to examine witnesses, and make Breviats to instruct his Counsell (the information being Generall, and reciting no particular Clauses of the Booke excepted against) this exhibits, the onely meanes of his defence, [Page 3]Illegally suppressed: some of his Counsell Tampered with to make no justification, contrary to your Petitioners instructions, and desire, whereby his cause was miscarried: But also at the hearing, by reason of those malicions and perverse glosses on the said passages, which the said Heylin had collected and presented to his Majesties learned Counsell, who repeated his Instructions onely; your Petitioner was fined 3000 l. to his Majesty, expelled the University of Oxford, and Lyncolnes inne, degraded from his profession of the Law, wherein he never offended, Set in the Pillory in the Pallace-yard at Westminster, where he lost one of his Eares. And two dayes after on the Pillory in Cheape-side, where hee lost the other eare, and had his said Lycensed Bookes there publikely burnt before his face, by the Hang-man, in a most disgracefull manner; and adjudged after to remaine a prisoner during his life.
That after the said censure to defame and injure your Petitioner the more, he was charged wrongfully in the Decree, as censured for Perjury, (though not taxed for it by the Court) and betweene his suff'rings in the Pillory, the Bookes of his Studie (twice surveyed, and restored to him by order from the Lords) before any (fine estreated) by a warrant out of the High Commission signed by the said Arch-bishop & others, were seised by on Crosse a messenger, who carried them to his house, with which [Page 12]your Petitioner charging the said Arch-bishop upon occasion, in the open Court of Star-chamber; he there publikely disavowed the same (though your Petitioner can yet produce it under his owne hand) promising withall, that the Bookes should be restored forthwith; which notwithstanding were all still detained by his meanes, till they were extended and sold for your Petitioners Fyne: Who shortly after by an Order out of the said Court, sent to the Tower to be executed, was there shut up close Prisoner, and Doctor Reeves sent thither to search his Chamber for the Pamphlet, which the said Arch-bishop would wrongfully have Fathered upon your Petitioner, whose friends have beene unjustly prosecuted in the Exchequer, and elsewhere sundry yeares, for his Fine aforesaid.
And your Petitioner further saith, that about Easter was three yeares, during his imprisonment in the Tower, by meanes of the said Arch-bishop, a new information was exhibited in the said Court against your Petitioner, and others, with certaine Bookes thereto annexed; Denying the Prelats Iurisdiction over other Ministers, to bee Iure-divino. Charging them with many errours and Innovations in Religion, Vsurpation upon his Majesties Prerogative, and Subjects liberty, abuses, and extortions, in the high Commission, And other Ecclesiasticall Courts, suppressing Preaching, And painefull Ministers without a cause; Lycensing Popish, Arminian, and other [Page 13]Erroneous Bookes Against the Sabboth, setting up Altars, Images, And Crucifixes, Removing, and Rayling in Communion Tables, and Bowing down to them, Altering the Booke of Common Prayer, the Bookes for the Gunpowder Treason, and late Fast in some Materiall passages in favour of Popery and Papists. Which thing, (though very notorious, and oft complained against by this Honourable house, in former and late Parliaments) were yet reputed Scandalous. And though neither of the said Bookes was particularly charged on your Petitioner, in the said information, nor any witnesse produced to prove him either Authour, or disperser of any of them; yet by denying your Petitioner liberty to draw up his owne Answer, (though once a Barister at Law) when as his Assigned Counsell refused to doe it, by close Imprisoning your Petitioner, and his Servant, by debarring him, Pen, Inke, and Paper, whereby to Answer, or Instruct his Counsell, searching his chamber, and taking away part of his Answer there found, denying him Accesse to his Counsell, and conference with his Co-defendants, even at Counsell, though joyntly charged with him, Rejecting the Crosse Bill exhibited by him for his defence; threatning Master Holt, one of your Petitioners Assigned Counsell, sent by the then Lord Keeper to the Tower, to draw up your Petitioners Answer, and commanding him not to signe it, after it was engrossed: Whereupon [Page 6]he refused to subscribe it, contrary to his promise to your Petitioner, and by refusing to accept your Petitioners Answers to the said Information, signed with his owne, and Master Tomlins, the other of his Counsells hands, though tendred by your Petitioner, both at the Star chamber Office, and in the open Court at the hearing the said Information, for default of Answer, (though two Answers were thereto tendred by your Petitioner) was taken Pro confesso against your Petitioner, and he thereupon Fyn'd five thousand pounds to his Majesty, Pillored, Stigmatized on both cheekes, Mutilated and dismembred, in a most Barbarous manner, and the small remainder of his Eares, left after his first execution, cut off, to the hazard of his hearing, and life, Adjudged to perpetuall close imprisonment in the Goale of Carnarvan castle in North-wales, a Nasty Dog-hole, farre remote from your Petitioners Friends. Which sentence was undu'ly drawn up and executed upon your Petitioner, as his Attourneys Clearke informed him, before it was entred into the Booke, or your Petitioner could get any Copie of it, to except against the same, as he had just cause.
That immediately after the Execution of the same sentence, your Petitioner sent to the said Arch-bishop to desire him to release, or Baile his servant (who was detained close prisoner for ten weekes space in the messengers hands, and oft examined and solicited by faire promises, and threatnings causlessely to accuse your [Page 7]Petitioner, against whom they wanted evidence) that so he might attend him during his soares, which the said ArchBishop out of his Grace and Charity, utterly refused: saying that hee intended to proceed against his said servant in the High Commission, where he hath ever since vexed, censured, and banded him from Prison to Prison, onely for refusing to accuse and betray your Petitioner.
That after the said heavy sentence, your Petitioner by an order in the said Court, (by way of addition to the said Censure,) was inhibited the use of Pen, inke and Paper, and all Bookes; except the Bible, and the Booke of Common-Prayer, and some few Bookes for private Devotion, and before his wounds were perfectly cured, he was by order removed from the Tower to Carnarvan; and some of his friends in Chester, who visited him there in his passage, in the presence of his Conductors, who had no order to restraine any person from resorting to him, were for this very cause sent for by a Messenger, to appeare before the Lords of the Privy Counsell, and likewise cited into the High Commission at Yorke, where they were imprisoned, and fined, to the ruine of their estates, enjoyned to make a publike Recantation in the Cathedrall Church, and in the Towne-Hall of Chester. The said Commissioners further decreeing that three pictures of your petitioners found in Chester, should bee publikely burnt at the high Crosse there, which was done accordingly.
That your Petitioner since his said sentence, hath bin publikely reviled at, and libelled against, both by the high Commissioners at York, and in sundry Churches, both at Chester, and else where, & in diverse licensed printed books compiled by the said Heylin, and published by the Arch-Bishops privity or cōmand, & that sundry of his friends houses, studies, Bookes, and writings have bin violently broken up, ransacked and taken away, and themselves prosecuted in the high Commission, out of malice, for the relation they had to your Petitioner.
That after your Petitioner had continued some ten weekes space close prisoner in Carnarvan, hee was about three yeares since, by a warrant from the Lords of the Counsell, made in the summer vacation (to which the said Arch-Bishops hand was first subscrib'd) ordered by way of Exile, to be imbarqued and transported with all privacy into one of the Castles in the Ile of Iersey, and his conductors thereby charged not to admit any person whatsoever, but themselves onely, to speake with your Petitioner in his passage: Whereupon after some injuries there received by M. Griffith, the Kings Atturney in those parts (who endeavoured to sieze upon the furniture of his chamber for his owne use) your Petitioner was imbarqued among Papists, in a bruised ship-wrackt vessell, full of leakes, and after fourteene weekes voyage in the Winter season, through dangerous stormes and seas, which spoyled most of his stuffe, and bedding, [Page 9]and threatning often ship-wrack to him, he arrived at the said Ile, and was conveyed close prisoner into Mount Orgatile castle, there where the Lieutenant Governour by an other extrajudiciall Order, to which the said Arch-Bishops name was first ordered, to keepe your Petitioner close prisoner in a chamber, fuffer none but his keepers to speake with him, to intercept all letters to him; to permit him neither pen, Inke, nor paper, either to write to his friends for necessaries, or to petition for reliefe, and to permit him no Booke but the Bible, and those aforenamed bookes, without giving any order for his diet there, so that being deprived of his calling, and estate, exiled and shut up close prisoner among strangers, remote from all his friends, denyed all addresse to him by person or letters, he had certainely perished in his almost three yeeres close imprisonment there, had not the extraordinary providence and goodnesse of God (which he shall ever adore) and the noble charity of those, under whose custody he did remaine, furnished him with such dyet and necessaries, as preserved him both in health and life, in this his close imprisonment and exile.
May it therefore please this Honourable House, to take these your petitioners almost eight yeeres tragicall grievances, of new and dangerous example, into your most sad and just considerations, that so they may not become [Page 10]presidents to the prejudice of posterity; to grant him liberty to send for, and examine all necessary witnesses: to order all Clerks, Registers, and other officers of the Star-Chamber, or elsewhere, speedily and freely to grant him the copies of such orders, decrees, and writings, as his cause shall require, to release him upon Bale, (being now but a prisoner onely upon an extrajudiciall order of the Lords, and not by Vertue of any sentence or decree in Court) To grant him liberty to plead and prosecute his owne cause, since counsell hath so often failed him, and to give him such satisfaction and reliefe as the Justice and equity of his cause shall merit.
TO THE HONOURABLE The Knights, Citizens, and Burgesses, of the Commons house of Parliament.
The humble Petition of
Iohn Bastwicke, Doctor in Physicke, lately retained close Prisoner and exile, in the
Iland of Sylly.
THat your Petitioner having about six yeares since set out a Booke in Latine, called Elenchus Religionis Papisticae, with an Addition thereunto called Elagellum Pontificis, & Episcoporum Latialium, being thereunto provoked by one Richard Short, a Papist that maintained the Popes supremacy, the Masse, and Papall Religion; In which Booke your Petitioner, (for preventing all misinterpretations, of his pious, and good intentions therein) in his Epistle to the Reader, fully declared himselfe, that your Petitioner ment nothing against such Bishops, as acknowledged their Authority from Kings and Emperours, yet because your Petitioner (the better ever to show the Papall usurpation of other Princes) therein, onely maintained by way of Argument (as other Orthodox writers of that Subject usually have done) a parity of the said Bishop of Rome, [Page 12]or all other Bishops or Presbitters, by the word of God, denying his and their supremacy over other Ministers to be by the Divine institution.
Thereupon a Pursevant by Authority from the high Commission Court, came into your Petitioners house, at Colchester in Essex, in his absence; And the said Pursevant assisted with the then Bayliffes and Constables of Colchester aforesaid, Ransaked his said house, together with his Chests and Truncks, and with great violence broke open your Petitioners Study, which was in his Apothecaries house, and took and carried away divers of your Petitioners Bookes, Writings, Letters, and what else the Pursevant pleased, without making of restitution of them to your Petitioner.
And then your Petitioner was prosecuted in the said high Commission Court principally, for his said Booke, where after a long and charitable prosecution, he was the 12. of February 1634, fined 1000 li. to the King, excommunicated, debarred to practice Physicke, the chiefest meanes of his lively-hood, his said Booke ordered to be burnt; That he should pay cost of suit, and be imprisoned till he should make a recantation; the which heavy censure was onely for the said Booke, wherein your Petitioner maintained the prerogative of a King against the Papacy. Whereas one Thomas Chawney of Essex, lately wrote a Booke in maintenance of the Papall Religion, and in defence of the [Page 13]Church of Rome, and averres it to be a true Church, the which Booke is dedicated to the Archbishop of Canterbury, and was and is patronized and defended by the said Archbishop, and the said Chawney never troubled for it. After which censure declared as aforesaid; all the Bishops that were then present denyed openly that they held their jurisdiction from his Majesty, and affirmed, that they had it from God onely; and the Archbishop of Canterbury among many other Erroneous sayings uttered by him; maintained the said Chawneys Booke, and maintained that the Church of Rome was a true Church, and that it erred not in fundamentals: and he, and other the said Bishops, there defamed the holy Scriptures, and abused reverend Master Calvin. In regard whereof, and for the vindicating of your Petitioners innocency in the matters for which he was most unjustly censured, as aforesaid, your Petitioner, published in Print another Booke in Latine Intituled, Apologeticus ad Presules Anglicanos, expressing the truth of his proceedings and speeces of his said censure. For which last mentioned Booke, and his Booke called the Lettany (not then in Print) an information was exhibited against him and others in the Starrechamber, to which your Petitioners answer being drawn & engrossed, was onely subscribed by himselfe, because he could get no counsell to set their hands to it; your Petitioner tendred the said answer first at the Star-chamber Office, [Page 14]and after in open Court at the Star-chamber Bar, but it would not be accepted, for want of counsellors hands to it, contrary to former Presidents. But the Court of Star-chamber tooke the said information Pro confesso, and censured Your Petitioner 5000 li. fine to the King, to stand in the Pillory, and to loose both his eares, and to be close prisoner in Lancaster castle in Cornewall: all which hath beene executed upon him with great extremity, to the perill of his life. After all which extremity, your Petitioner (by what order he knoweth it not, it being no part of his censure in Star-chamber) was transported from the said castle, To the Iland of Sylly, a place so barren, that it affords not ordinary necessaries, where he hath beene in close duration for three yeares or more, and not suffered to have any of his friends come at him, his (very Wife being prohibited by the Lords of the counsels order) under paine of imprisonment, not to set her foot upon any part of the said Iland, to enquire of his wellfare. So that your Petitioner hath beene exiled from his wife and divers small children 3. years and more, besides the great straights and miseries which he hath sustained, during the said time. All which is contrary to the law of God and man, and the Liberties of a free Subject, and to the utter undoing of your Petitioner, his Wife, and children.
May it therefore please this Honourable [Page 15]Assembly, to take these pressing grievances of your Petitioner into your considerations, and to afford him such reliefe therein, as in your grave Wisdomes shall seeme Consonant to Justice and equity, and to assigne him for Counsell, Master Atkins, Master Ludbore, Master Tomlins, Master Curdon, and Master Randall, to assist him in this his complaint, and to order that your Petitioner may take out Gratis, such Copies of the said Censures, Warrants and Orders, and other the proceedings, in the said severall Courts as shall or may any way concerne this his sad, yet most just complaint, with warrant from this Honourable house, to bring in his witnesse.
TO THE HONOVRABLE The Knights, Citizens, and Burgesses, of the Commons house of Parliament.
The humble Petition of
Henry Burton, late exile, and close Prisoner in Castle Cornet, in the Ile
of Garnsey.
THat whereas your Petitioner, on the 5 of Novemb. 1636, did preach two Sermons in his owne Parish Church, in S. Mathew Friday street, London, for the which hee was in December then next following, summoned to appeare before D. Ducke, one of the Commissioners for causes Ecclesiasticall, at Cheswicke, in the County of Middlesex: where (with the Register of the High Commission Coutt) the said D. Ducke tendred to the Petitioner, the Oath Ex Officio, to answer to certaine Articles there presented: which Oath the Petitioner refusing, to take, did then and there appeale from the said Court, unto the Kings Majesty: which appeale the said D. Ducke did admit, and the said Register by D. Ducks direction, did then, and there enter in writing.
Notwithstanding which said appeale, a speciall High Commission Court, was shortly after called at London, consisting of 4, or 5 Doctors, where the said Commissioners proceeded illegally, to suspend the Petitioner in his absence, by meanes whereof, as of the threatnings of the said Commissioners, he was enforced to keepe his house, untill a Sergeant at Armes, with divers Pursevants, and other armed Officers, assisted by Alderman Abell, then Sheriffe of London, beset the Petitioners House, at 11 of the Clocke at night, and violently broke open his dores, with Iron Crowes, and the like, and surprised him in his house, he making no resistance at all: where having first searched his study, and taking away such bookes as they pleased, they carried your Petitioner to prison, whence, the next day being the second of Febr. by a pretended order from the Lords of the Counsell, hee was conveyed to the Fleet, and there kept close prisoner.
During which imprisonment, an information was exhibited against the petitioner, and others, in his Majesties Court of Star-Chamber, whereby he was charged (inter alia) with the publishing of a certaine Booke, containing, an Apologie for an Appeale, with his said two Sermons, intituled, For God and the King, wherein hee taught Subjects to yeeld all manner of due obedience to their lawfull King, and reproved all lawlesse Innovations in Religion &c. Which Information, the petitioner upon his Oath under [Page 18]the hand of M. Holt, being then of his counsell, assigned by speciall order from the said Court, did put in his answer, wherein hee alledged such things onely, as his said Counsell conceived to be materiall, and pertinent for his just defence in publishing the said booke, but denyed all other matters in the said Information conteined, which said Answer, being admitted and received in Court, the petitioner (being then a close prisoner) not onely attended the exhibiting of Interrogatories, according to the custome of that Court, but withall, after some universall delay, did write unto the Kings Attourney to hasten them: but before the examiner came, the petitioner heard that his said Answer was referred to S. Iohn Bramston, Knight, Lord chiefe Justice of the Kings Bench: Sir Iohn Finch, then chiefe Justice of the Commonpleas, and was by them wholy expunged as impertinent and Scandalous (save onely the not guilty) And the Petitioner understanding the answer he was to make to the Interrogatories was to be reckned as a part of his answer, admitted in court, but afterwards expunged as impertinent & scandalous (as aforesaid): so as if he should then have answered the Interrogatories, he shold thereby have assented to the said act of the said Iudges, and so to the condemnation of his cause before the hearing, wherby he should have contracted his former Oath, that his said Answer was a true Answer, and so should justly have brought himselfe under the guilt of wilfull perjury, [Page 19]and his cause under just censure. For that very reason he held himselfe not bound, (as hee conceived) to answer the Interrogatories, for that his said answer was so expunged, and the (Not Guilty) as the foot so tyed to the head without the maine body (and that in the Judges owne words) as the Petitioner could not in any sort take or acknowledge it now for other then the Judges owne answer, as may appeare upon Record in the same Court.
Neverthelesse, the Court taking the same information Pro confesso, and refusing to admit a copy of the Petitioners own true answer, as also of his reasons of not answering the Interrogatories, both which at his Censure he tendred to the Court, desiring they might be then and there publikely read the 14. of Iune, 13. Caroli Regis, proceeded to censure, whereby your Petitioner was Censured in a Fine of 5000. li. to his Majesty, To be deprived of his Ecclesiasticall Benefice, degraded from his Ministeriall function and degrees in the Vniversity, and ordered to be set on the Pillory, where both his eares were to be cut off, confined to perpetuall close imprisonment in Lancaster Castle, debarred the accesse of his wife or any other, to come to him, but onely his Keeper, and denied the use of penne, inke, and paper. All which (except the Fine) was executed accordingly. And after his close imprisonment for twelve weekes in the common Gaole in the said Castle, he was (by what extrajudiciall order he knows not) transported by the conduct of one Brian Burton appointed [Page 12]by the High Sheriffe of Lancaster, (who used your Petitioner very basely and deceitfully, (in that his transportation) which was in the Winter season through dangerous seas; to the apparant hazzard both of his health and life) to he said Castle of Garnsey, where hee hath remained a close prisoner and exile almost three whole yeares, his wife utterly prohibited upon paine of imprisonment to set her foot upon any part of the Iland, where she might but enquire how her husband did, contrary to the Lawes of God and the liberties of this Kingdome.
May it therefore please this Honorable House, to take the Petitioners sad cause into consideration, and for the better manifestation of his grievance in this cause, to assigne him for Counsell Master Serjeant Atkins, Master Tomlins, and Master Gurdon, to assist him in his cause, and to command that he may take out such copies Gratis out of the said severall Courts as doe or may concerne his said cause.
The humble Petition of Nathanael Wickings servant to Master Prinne, and late prisoner in the White-Lion in Southwarke.
THat more then 3 years and a half since, your Petitioner, being servatn to Master William Prinne then prisoner in the Tower, pending the last Information against his said Master in the Star-chamber, was apprehended in the Tower by a Messenger, by a warrant from the Archbishop of Canterbury and other Lords, and by him determined close prisoner by the space of tenne weekes, that none could speake with him but his Majesties Attourney General, & his Majesties then Solicitor, who examined him three severall times, upon secrets of his said Masters, to extort some matter of accusation against his said Master by Dures.
That after tenne weekes end, your Petitioner was from that close custody by warrant from the Counsell Board delivered over into the hands of Iohn Ragge, a Messenger attendant upon the High Commission Court, to be by him delivered to the Keeper of the Gate-house: But [Page 22]the said Ragge carryed your Petitioner home to his owne house, and there detained him two dayes and a night, till some of the High-Commissioners had signed a warrant for your Petitioners commitment to the Counter in Woodstreet, whereto he was carryed by the said Ragge, and charged with 26 shillings as his Fees due to him for the two dayes and nights he kept your Petitioner without order.
That your Petitioner was after called before the High Commissioners at Lambeth, and there tendred the oath Ex officio, to wit, to answer all such Articles as should be objected against him without ever being permitted, either to see or heare them, though hee desired the same. And for his refusing the said Oath, the Court declared him pro Confesso, and by their unanimous censure imposed a Fine of 1000 lib. on him, good round costs of suite, excommunicated and committed him backe to remaine Sub salva & arcta custodia, and not at any termes to walke abroad with his Keeper, untill other order should be taken by the Court. One of the said Articles, (to which hee could give no answer) running in these words.
Item, we obiect to you Nath. Wickins, that you know or believe that the letter, which you carried to the Printer, to be set the first Letter upon the Booke, was a very compleat Letter, and so Artificially cut, as that to looke on it the usuall way, it seemed a compleat and perfect C, but [Page 23]turned one side of it, and it appeared a Popes head, and then turned another way, and there appeared an Armie of men or Souldiers. And we require you to declare by vertue of your Oath to your best knowledge and beliefe, who or what was meant by the Popes head in the said Letter or seale; and who or what by the Army of men or Souldiers? And who by the C? And whether by the C was ment the Lords Grace of Canterbury? and by the Popes head that his Grace was meant? And that by the Army of men or Souldiers was meant, that his Grace would be the cause of Wars in this Kingdome about Religion, or some other like meaning or device,) which is likewise recited in his Censure in like terms.
That your Petitioners Father was ordered to satisfie 22 pound 13 shillings 4 pence, for Fees due to the Messenger, who first seised him at 6 sh. 8 d. the day, for the 10. weeks he detained him Close Prisoner, when his Father had nothing to doe with him, he being another mans Servant.
That after your Petitioner had lyen almost two yeares in the Counter, he was by the High Commissioners ordered to be sent to Wisbich Castie in the Ile of Elie there to remain a close Prisoner. But by a Generall Warrant from the Archbishop and some other Lords he was removed to the Gate-house, and thence after a short abode there, removed to the White Lion in Southwarke, where he lay almost a yeare, [Page 24]and was then from thence forced out by the disordered Rout that brake open that Prison, which tumult being appeased, he there voluntarily rendred himselfe againe, and thence by a Warrant from the Lord Chiefe Justice Bramston he was transmitted to Newgate, where he lay above 23 weeks, and had lyen there longer, had not he by his Counsell moved his Majesties Judges of the Kings Bench for a Habeas Corpus to be Bailed, upon which he was without any Warrant remanded to the White Lion instead of being Bailed; whereupon he moved the second time for a Habeas Corpus, on which when he was brought to the Barre he could not be Bailed till after 4 Motions, and 2 Rules made in the Cause.
That your Petitioner during his said Imprisonments hath had his Chambers divers times searched, his Trunks and Boxes broken open; his licenced Books and lawfull papers taken away, and never yet could have them returned.
That your Petitioner hath made severall humble addresses by petition to the Counsell Table, the High Commission Court, and Arch-Bishop for Reliefe in his inlargement, or support, with maintenance, but could not obtaine their Gracious Answers, especially the Arch-Bishop, in regard he had vowed (as his owne Houshold Servants reported) that your Petitioner should never be released as long as he breathed, without he would either submit to [Page 25]confesse such things as should be required of him; as, what his Mr. did, and what he bade him to doe; or to take the Oath Ex Officio.
Alwhich Illegall Imprisonments of purpose to inforce him to betray and accuse his Innocent Mr. against the Laws of God, and the Realme, he humbly submits to the grave Consideration of this Honourable House, desiring such Recompence for his said false Imprisonments and Injuries as to your wisdomes shall seem most meet.
TO THE HONOVRABLE The Knights, Citizens, and Burgesses, of the Commons House of
Parliament.
The humble Petition of
Peter Iuice, of the City of
Chester, Stationer.
THAt your Petitioner (though every way conformable to the Laws of this Realm, and Doctrine and Discipline of the Church of England, and of a peaceable disposition) about 3 yeares since, for visiting Mr. Prynne in his passage through Chester to the Castle of Carnarvan, by the consent of his Keeper, was by the meanes and direction of the Bishop of Chester Arested by the Servant of Roger Blanchard Pursuivant for the High-Commissioners at Yorke, to appeare before them upon Chester Chaire Evening, who forced him to enter into Bond, with Sureties to appeare at the Court at Bishops-Thorpe on that day, which he did accordingly: And on the same day your Petitioners Wife was Arrested, and carryed out [Page 27]of his House by night, by a Warrant from the said Commissioners to appeare at Bishop-Thorpe the next day, being 80. miles from Chester, for which two Arests he was inforced to pay sixe pound to Blanchard.
That your Petitioner upon his Appearance was enforced to take an Oath to Answere sundry originals, and three papers of Additionall Articles, to his great vexation and expence, being kept at Yorke in the said Pursulvants house, for the space of eight weeks, during which time, he was constrained to send down severall Commissions for the Examination of his Wife, being unable to Travell, and dangerously sick, by meanes of the fright she took by the Pursuivants Arresting her, and carrying her away in the night, Your Petitioners House, Shoppe, and Study being three times searched in the meane time, by a Warrant from the Lords. And though nothing offensive was then found, or proved against him, but only his visiting Mr. Prynne in his passage through Chester, and that with the leave of his Conductours, Yet your Petitioner was by the said Commissioners fined 300. pound to his Majesty, Imprisoned in the Pursuivants House, to whom he payed 6. sh. 8. d. a day, besides his diet, untill such time as he should enter into Bond, with Sureties, to make such a publique acknowledgement of his pretended offence, in visiting Mr. Prynne, both in the Cathedrall, and Common Hall of Chester, as the said [Page 28]Commissioners should prescribe; your Petitioner being enforced to pay divers great and unwarrantable Fees, both to the Pursuivants, Registers, Proctors, and other Officers of the said Court, to the value of 50. pound at the least; And though nothing was proved against his Wife, yet they forced him to pay the Charges of the Court, and Costs of Suit for her.
That your Petitioner by reason of his said great Oppressions and Expences, and through the perswasion of the said Bishop of Chester, and his Chancellour, was most against his Judgement and Conscience induced to make an unjust Acknowledgement in the said Cathedrall before a great Assembly, where the said Bishop being then present, and his Chapleyn Mr. Thomas Cordell preaching a Sermon for that purpose, wherein he bitterly inveighed against Mr. Prynne and his Fellow-sufferers, comparing them to Corah, Dathan and Abiram. And because your Petitioner changed one word of the Acknowledgement, saying ignorantly for wickedly, hee was injoyned by the Bishop the same day at Evening to make a new Acknowledgement in the said Church before another Great Assembly; and after that, to make the first Acknowledgement in the Common Hall of Chester, before the Maior and Aldermen, and all comers in; And enforced him to pay 4 pound to Blanchard for being present to see his Acknowledgement made.
After which your Petitioner was constrained to pay 30. pound to the Arch-Bishop of Canterbury, and Sugar-loaves to his Servant Mr. Holford, for Composition of his said Fine of 30. pound; so that by reason of all the premisses, your Petitioner hath expended at least the summe of 100. pound, and suffered damages to the value of 200. pound in his Trade and Reputation.
May it please this Honourable House to take these your Petitioners Grievances, together with the jurisdiction of the said High-Commission Court into your just and Honourable Considerations, and to afford your Petitioner such Reliefe for his losses and damages, as the Justice and Equity of this Cause shall require.
TO THE HONOVRABLE The Knights, Citizens, and Burgesses, of the Commons house of
Parliament.
THE HVMBLE PETITION OF PETER LEIGH of the City of CHESTER,
Grocer, and RICHARD GOLBORNE of CHESTER aforesaid Gentleman.
THAT your Petitioners (though peaceable, and conformable to the Lawes of the Realme, and Doctrine, and Discipline, by Law established in the Church of England) were about three yeares since (with William Trafford Deceased) Arrested by Roger Blanckhard, chiefe Pursuivant for the High Commission at Yorke, (for Visiting Mr. William Prynne in his Journy to Carnarvan Castle, which they conceived they might Lawfully doe, being his friends, and there being no order to the contrary) who upon their said Arrest, tooke of each of your Petitioners, 3 pound a peece, for his sees, and severall [Page 31]Bonds of your Petitioners, for the appearance at the said High-Commission at Yorke, within a short time after; which they did accordingly, and were committed to the said Blanchards custody, until such time as they entred into Bonds, to stand to the Order of the same Court: And upon your Petitioners appearance, divers Articles were exhibited against them, in the said Court; and the visiting of the said William Prynne, they confessed, but denyed all miscariages, or misdemeanors, charged against them, and averred that they accompanied him onely in the presence of his Keepers. And your Petitioners, and the said Deceased, were to their great charge forced to attend at Yorke, one of them, above a Month, and the other 3 weekes after they had Answeres to the same Articles, before Sentence; and at last they were constrained to pay great summes of money, for Fees, and costs of Suit, on both sides, Doctor Matershed the Kings Advocate, and the Proctors against them, receiving great summes of money of them, which with the Pursuivants Fees, amounted to aboue sixty pound. And your Petitioner, Peter Leigh, was fined 200 li. to the Kings Majesty: and your other Petitioner 300 li. and the said William Trafford, 150 li. and for the same cause, and not any witnesse examined against any of them, were enjoyned to make an acknowledgement, which before they would not do, in regard the same was against [Page 32]their consciences, and the Lawes of this Realme as they beleeved; They were forced to flee into other Countries, and leave their Wives, and Children, Trades, and Professions; And in their absence the Pursuivants of the said Court came to their Houses, with Warrants, or intimations, which they caused to be published in your Petitioners Parish Churches in Chester aforesaid, and did so affright their Wives, that they being with Child, did soone after miscarry.
And your Petitioners, and William Trafford, using all meanes for their freedome, could not prevaile, but their fines were Estreated, and their Bonds returned into the Exchequer as forfeited; whereupon at last, that they might have some accesse, and favour, to and with the Arch-Bishop of Canturbury, who, as they were informed, had onely power to relieve them; They payd Doctor Merricke, one of the Advocates of the High-Commission Court at Canterbury, that they might have accesse to his Lordship, 35 li. at severall times: They presented his Lordship also with two Butts of the best Sacke, and gave one Mr. Holford, one of his Attendants 12 li. and other Gratuities, to other of his Servants, to the value of 20 li. more. All which were bestowed on the said Arch-Bishop, and his Servants, by the advice and direction of the said Doctor Merricke: and after the acceptance thereof, the said Arch Bishop [Page 33]was content to take, and did take for your Petitioners and the said Traffords fines 240 li. more which they payd accordingly, and were forced to pay 40 li. more for fees in London, and at Yorke concerning the said businesse; by which said expence, troubles, and neglect of their owne Occasions, your Petitioners for their parts, have beene damnified above 1000 li. and their estates almost thereby wholly mined: They being enforced to flee and wander into strange Countries for about foure moneths together: your Petitioner Peter Leigh, then being a Tradesman, who dealt for above 4000 li. per annum, and then much indebted, had his Shop shut up, for above 3 moneths together, for feare of having his goods seized, for his forfited Bond, and fine aforesaid. And your Petitioner Golborne thereby was so ruined in his Estate, that he for a long time after, with his Wife, and Children, lived upon the Benevolence of his Friends, and now is constrained to live in Service, being disabled for want of moneyes to goe on in that course wherein formerly he was imployed.
May it therfore please this Honourable Assemblie to take your Petitioners distressed estate into your grave Considerations, and to weigh their pretended Offences, and their severe and heavie punishments together, and to afford them such Reliefe for the great wrongs done unto them, and their [Page 34]Estates and Families by the Commissioners and Officers of the said High Commission, who have so rent and torne them in their Estates, as aforesaid; and by those who are the Authours of their Grievances and Oppressions, who have made a prey of them, by taking such Gratuities and summes of money of them, as aforesaid; when they or some of them were the Incendiaries of their Troubles and Vexations, and the Authors and procurers of their so heavie punishments, as in your grave Wisdomes shall seem convenient; That so other his Majesties Subjects for the time future, may not be so grievously oppressed at mans pleasure.
- PETER LEIGH.
- RICHARD GOLBORNE.
TO THE HONOVRABLE The Knights, Citizens, and Burgesses, of the Commons House of
Parliament.
The humble Petition of
Calvin Bruen of the City of
Chester.
THAT your Petitioner (though every way conformable to the Laws of this Realm, and Doctrine and Discipline of the Church of England, and of a peaceable disposition) about 3 yeares since, was Arrested by Robert Blanchard Pursuivant for the High-Commissioners at Yorke, who took of him for his Arrest 3 pounds, and a Bond for his appearance at Yorke the 28. of September 1637. (being the Faire time at Chester) on which day your Petitioner received a Copie of a Warrant from the Lords of his Majesties privie Counsell for his appearance before them with speed. The which Copie your Petitioner shewed to the [Page 36]Arch-bishop of Yorke, and others the said High-Commissioners there. Yet they the said High-Commissioners would not let him goe, till he had taken the Oath Ex Officio, and paid Pursuivants Fees. And the same day in the evening one Gouldsborrough, a Messenger from the Lords came for your Petitioner Bruen, & made him pay him 10 li. for Fees. And your Petitioner afterwards appearing before the Lords of the Counsell was charged with accompanying Mr. William Prynne at his being in Chester, in his passage to the Castle of Carnarvan. But upon his offer to take his oath that he enquired of his Keepers if they had any Command from the Lords to restraine any one from coming to see him, and that the Keepers made your Petitioner this Answer, that there was no Command to the contrary. And the Lords asking him if he would take his Oath of that? he Answered yes. Wherupon they were satisfied, and gave him as he conceived, a discharge, and sent him away home. But immediately after your Petitioners returne home, he was againe summoned to appeare at the High Commission at Yorke, who appeared accordingly, and was againe sworne, and severall Articles exhibited against him for the aforesaid pretended offence; and for ex tempore Prayers, and Repetitions with Mr. Pryn: as also for procuring the Picture of the said Mr. Prynne to be drawn by a Limner in Chester.
All which last particulars, your Petitioner denyed, they being but false surmises, but confessed the visiting of the said Mr. Prynne, with the consent of his Keepers, which your Petitioner thought he might lawfully doe; there being no Law or Order to the contrary. Yet for such supposed offences only without any Testimony or Witnesses, your Petitioner was Fined 500. pound, and ordered to pay all Costs and charges to Proctors, Messengers and Advocates, which came to 13. pound, or thereabouts for your Petitioner for one week only, which said 13. pound your Petitioner Bruen paid accordingly: whereof one Dr. Moctershed had 5. pound, being Advocate against him. And your Petitioner was enjoyned to make this submission hereunto annexed.
After which Sentence your Petitioner was Committed to the Pursuivants, till he put in Bond with two sufficient Sureties of 520. pound to stand to the Order of the Court, and then went home. But shortly after, refusing to make the acknowledgement aforesaid, was againe by the said Pursuivant Imprisoned untill he should make the said Acknowledgement, which he was much pressed unto by the Bishop and Chancellor of Chester, which said Bishop did assure him (as he the said Bishop should Answer before God) your Petitioner might safely doe it.
Your Petitioner being in Prison, and having left his meanes of living, he being kept from [Page 38]his Trade eight moneths, and his Wife and Children thereby brought to great distresse, was forced by terrours and feares, and by the perswasion of the said Bishop and Chancellour, (on whose judgements your Petitioner much relyed) to procure his inlargement from Imprisonment, by making the said Acknowledgement in the Cathedrall Church of Chester, and the Common Hall thereof, and was forced to pay to the aforesaid Pursuivant Blanchard, (who came to see him doe it) 5. pounds for Fees.
After all which your Petitioner was forced twice more to goe to Yorke, being fourescore miles from his house, to take off his said Fine, if he could: But the Fine was certified into the Exchequer, and no helpe was to be had but by suite to the Archbishop of Canterburie, to whom the said Fines were granted: who after your Petitioner and his Wife suing to him by the space of a whole moneth together, accepted of thirty pounds for your Petitioner.
May it please this Honourable House to take this your Petitioners grievances into your grave Considerations, together with the jurisdiction of the Court of High Commission at Yorke, where your Petitioner (besides sundry others) hath suffered so much vexation and oppression, only for visiting the said Mr. Prynne, to the dammage of 500. pound at least: And to consider whether [Page 39]this pretended offence be such, as by the Law the said Court hath power to meddle with. And to award your Petitioner such speedy recompence for his said wrongs against the said Commissioners and their Instruments, as to your grave wisdome shall seem meet and convenient.
Here follows a Copie of the Declaration or acknowledgement appointed by his Majesties Commissioners for Causes Ecclesiasticall within the Diocesse and Province of Yorke, to be done and performed by Calvin Bruen of the City of Chester, in the Cathedrall Church of Chester, and Common Hall thereof.
HEe is to bee present in the Cathedrall Church of Chester aforesaid at morning prayer, upon Sunday next comming, being the tenth of December instant, being in his accustomed apparrell, where and when, immediately before the beginning of the Sermon, hee shall stand upon some seate or stoole before the Pulpit, and say, and receite after the Minister, as followeth; Whereas I have been of late convented before his Majesties Commissioners, for causes Ecclesiasticall, for the Diocesse and Province of Yorke. For that I countenanced, comforted, and abbetted one William Prynne, heeretofore twice censured in his Majesties Court of Starre-chamber, for publishing seditious and scandalous bookes and libells. Namely, in that I waited upon him, to bring him into this Citie, and attended upon him at his going out of the Citie. By all which my carriage and misdemeanors, I have audaciously and wickedly (asmuch as in me lay) countenanced the sayd Prynne, and offereed an affront to his Majestie and [Page 41]the State, in their just proceedings against him. And thereby also have brought a scandall and reproach upon the Citie; for all which my offences, upon my personall Avowers made to the Articles in that behalfe objected aganst mee, I stand legally and justly convicted by his Majesties said Commissioners and by them enjoyned to make this declaration, and acknowledgement for the same.
I doe heere in the presence of God and this Congregation confesse my said Offences, and declare my hearty sorrow for the same. And doe aske forgivenesle of God, the Church, the Kings Majestie, and the State. As also of the whole Government both Ecclesiasticall and Temporall of this place: against all whom I have so grievously offended. And in token that this my Confession for the present is hearty, and that I may obtaine Grace hereafter to performe what I now rromise, and finde mercy for what is past: I desire you all to say with me the Lords Prayer, Our Father, &c.