THE humble PETITIONS OF Mr. Burton, & Dr. Bastwick. PRESENTED TO THE honourable The KNIGHTS, CITIZENS, and Burgesses, of the Commons house of PARLIAMENT. Printed in the year. 1641. TO THE honourable 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 I'll of Garnesey. In all humbleness showeth, THat whereas your Petitioner, on the 5 of Novemb. 1636, did preach two Sermons in his own Parish Church, in St. Matthew Friday-street, London, for the which he was in December then next following, summoned to appear before D. duck, one of the Commissioners for causes ecclesiastical, at Cheswicke, in the County of Middlesex: where (with the Register of the High Commission Court) the said D. Duck tendered to the Petitioner, the Oath Ex Officio, to answer to certain Articles there presented: which Oath the Petitioner refusing to take, did then and there appeal from the said Court, unto the King's Majesty: which appeal the said D. duck did admit, and the said Register by D. Ducks direction, did then, and there enter in writing. Notwithstanding which said appeal, a special High Commission Court was shortly after called at London, consisting of four or five Doctors, where the said Commissioners proceeded illegally, to suspend the Petitioner in his absence, by means whereof, as of the threatenings of the said Commissioners, he was enforced to keep his house, until a Sergeant at arms, with divers pursuivants and other armed Officers, assiisted by Alderman Abel, than sheriff of London beset the Petitioners House, at 11 of the Clock at night, and violently broke open his doors with Iron crows, 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 books as they pleased, they carried your Petitioner to prison, whence, the next day being the second of Feb. by a pretended Order from the Lords of the counsel, he was conveyed to the Fleet, and there kept close prisoner. During which imprisonment, an information was exhibited against the Petitioner, and others in his majesty's Court of Star-Chamber, whereby he was charged (inter alia) with publishing of a certain book, containing an Apology for an appeal, with his said two Sermons, entitled, For God and the King, wherein he taught Subjects to yield all manner of due obedience to their lawful King, and reproved all lawless Innovations in Religion, &c. Which Information, the Petitioner upon his Oath under the hand of M. Holt, being then of his counsel, assigned by special order from the said Court, did put in his answer, wherein he alleged such things only, as his said counsel conceived to be material, and pertinent for his just defence in publishing the said book, but denied all other matters in the said Information contained, which said Answer, being admitted and received in Court, the petitioner (being then a close prisoner) not only attended the exhibiting of Interrogatories, according to the custom of that Court, but withal, after some universal delay, did write unto the King's attorney to hasten them: but before the examiner came, the petitioner heard that his said Answer was referred to S. Ioh Bramston, Knight, Lord chief Justice of the King's Bench: Sir John Finch, then chief Justice of the Common-pleas, and was by them wholly expunged as impertinent and Scandalous (save only the not-guilty) And the petitioner understanding the answer he was to make to the Interrogatories was to be reckoned as a part of his answer, admitted in court, but afterward expunged as impertinent & scandalous (as aforesaid): so as if he should then have answered the Interogatories, he should thereby have assented to the said act of the said judges, and so to the condemnation of his cause before the hearing, whereby he should have contracted his former Oath, that his said Answer was a true Answer, and so should justly have brought himself under the guilt of wilful perjury, and his cause under just censure. For that very reason he held himself not bound, (as he conceived) to answer the Interrogatories, for that his said answer was so expunged, and the (Not-Guilty) as the foot so tied to the head without the main body, (and that in the Judges own words) as the Petitioner could not in any sort take or acknowledge it now for other than the Judges own answer, as may appear upon Record in the same Court. Nevertheless, 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 tendered to the Court, desiring they might be then and there publicly read the 14. of June, 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 ecclesiastical benefice, degraded from his ministerial function and degrees in the university, and ordered to be set on the Pillory, where both his ears were to be cut off, confined to perpetual close imprisonment in Lancaster Castle, debarred the access of his wife or any other, to come to him, but only his Keeper, and denied the use of pen, ink, and paper. All which (except the Fine) was executed accordingly. And after his close imprisonment for twelve weeks in the common gaol in the said Castle, he was (by what extrajudicial order he knows not) transported by the conduct of one Brian Burton appointed by the High sheriff 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 apparent hazard both of his health and life) to the said Castle of Garnsey, where he hath remained a close prisoner and exile almost three whole years, his wife utterly prohibited upon pain of imprisonment to set her foot upon any part of the island, where she might but inquire how her husband did, contrary to the laws of God, and the liberties of this kingdom. May it therefore please this Honourable House, to take the Petitioners sad cause into consideration, and for the better manifestation of his grievance in this cause, to assign him for Counsel Master sergeant 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 several Courts, as do or may concern his said cause. And your Petitioner as in duty bound, shall daily pray for your prosperities. HENRY BURTON. TO THE honourable The Knights, Citizens, and Burgesses, of the Commons House of Parliament. The humble Petition of John Bastwick, Doctor in physic, lately retained close Prisoner and Exile in the Island of silly. Most humbly showeth; THat your Petitioner having about six years since set out a book in Latin called Elenchus Religionis Papisticae, with an Addition thereunto called Flagellum Pontificis, & Episcoporum Latialium; being thereunto provoked by one Richard Short, a Papist that maintained the Pope's supremacy, the mass, and papal Religion; In which book your Petitioner (for preventing all misinterpretations, of his pious, and good intentions therein) in his Epistle to the Reader, fully declared himself, that your Petitioner meant nothing against such Bishops as acknowledged their Authority from Kings and Emperors, yet because your Petitioner (the better ever to show the papal usurpation of other Princes) therein, only maintained by way of Argument (as other Orthodox writers of that Subject usually have done) a parity of the said Bishop of Rome, or all other Bishops or Presbyters, by the word of God, denying his and their supremacy over other Ministers to be by the Divine institution. Thereupon a pursuivant by Authority from the High Commission Court came into your Petitioners house at Colchester in Essex, in his absence; and the said pursuivant assisted with the than bailiffs and Constables of Colchester aforesaid, ransacked his said house, together with his Chests and Trunks, and with great violence broke open your Petitioners Study, which was in his apothecary's house, and took and carried away divers of your Petitioners books, Writings, Letters, and what else the pursuivant 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 book; where after a long and charitable prosecution, he was the 12. of Feb. 1634, fined 1000.li.. to the King, excommunicated, debarred to practice physic, the chiefest means of his livelihood, his said book 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 only for the said Book, wherein your Petitioner maintained the Prerogative of a King against the Papacy. Whereas one Thomas Chawney of Essex, lately wrote a book in maintenance of the papal Religion, and in defence of the Church of Rome, and avers it to be a true Church, the which book is dedicated to the Archbishop of Canterbury, and was and is patronised 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 denied openly that they held their jurisdiction from his Majesty, and affirmed that they had it from God only; and the Archbishop of Canterbury amongst many other erroneous sayings uttered by him, maintained the said Chawneys book, 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 Mr. 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 Book in Latin entitled, Apologeticus ad Praesules Anglicanos, expressing the truth of his proceedings, and speeches of his said censure. For which last mentioned book, and his book called the Let any (not then in print) an information was exhibited against him and others in the Star-Chamber, to which your Petitioners answer being drawn and engrossed, was only subscribed by himself, because he could get no counsel to set their hands to it: your Petitioner tendered the said Answer first at the star-chamber Office, 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 precedents. But the Court of Star-chamber took the said information Pro confesso, and censured your Petitioner 5000.li.. fine to the King, to stand in the Pillory, and to lose both his ears, and to be close prisoner in Lancaster Castle in Cornwall: all which hath been executed upon him with great extremity, to the peril 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 island of silly, a place so barren, that it affords not ordinary necessaries, where he hath been enclose duration for three years 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 pain of imprisonment, not to set her foot upon any part of the said island to inquire of his welfare. So that your, Petitioner hath been exiled from his wife and divers small children 3. years and more, besides the great straits 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 Assembly to take these pressing grievances of your Petitioner into your considerations, and to afford him such relief the rain, as in your grave wisdoms shall seem consonant to Justice and equity, and to assign him for counsel, Mr. Atkins, Mr. Ludbore, Mr. Tomlins, Mr. Gurdon, and Mr. 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 several Courts as shall or may any way concern this his sad, yet most just complaint, with warrant from this Honourable house, to bring in his witness. And your Petitioner as in duty bound, shall ever pray for your prosperities; John Bastwick.