A NEW DISCOVERY OF THE prelate's TYRANNY, In their late prosecutions of Mr. William Pryn, an eminent Lawyer; Dr. John Bastwick, a learned physician; and Mr. Henry Burton, a reverent Divine. Wherein the separate, and joint proceedings against them in the High-Commission, and Star Chamber; their Petitions, Speeches, carriages, at the hearing, and Execution of their last sentence, and the Orders, Letters for, and manner of their removes to, and close imprisonments in the Castles of Lanceston, Lancaster, Carnarvan, and Isles of silly, Garnsey and Jersy; The proceedings against the Chestermen, and others before the Lords and High Commissioners at York for visiting Mr. Pryane; The Bishop of Chester's order, for Ministers to preach against M. Prynne, and the York Commissioners decree to deface, and burn his pictures at Chester high-cross. The House of Commons Order for, and manner of their returns from Exile; their petitions to the Parliament; the Votes of the Commons house upon the report of their Cases, declaring the proceedings and censures against them illegal, groundless, and against the Subjects liberty, with M. Prynne's Argument, proving all the parts of his censures, with the proceedings against him, and his Chester friends at York, to be against Law; are truly related; for the benefit of the present age, and of posterity. Seneca, Medea. Qui aliquid statuerit parte inaudita altera; licet rectè statuerit, haud aequus est Iudex. PSAL 94 20, 21, 22, 23. Shall the throne of iniquity have fellowship with thee, which frameth mischief by a Law? They gather themselves together against the soul of the Righteous, and condemn the Innocent blood: But the Lord is my defence, and my God is the Rock of my Refuge; And he shall bring upon them their own Iniquity▪ and shall cut them off in their own wickedness; yea, the Lord our God shall cut them off. Printed at London for M. S. 1641. To the Courteous Reader. Kind Reader, I here present thee with a late tragical History, or new Discovery of the Prelates tyranny, in their unjust Prosecutions, and bloody Persecutions of three eminent persons of the three most noble Professions in the Kingdom, Divinity, Law, physic; all suffering together on the Pillory (much honoured by them, and they by it) & losing all their ears at once, to make themselves hear better, and the Prelates * Qui malè facit malè audit. worse. Such a spectacle both to men, and Angels, no age ever saw before; and posterity is never like to behold hereafter. To hear of Lord Bishops metamorphosed into * Acts 20. 28. 29. Matth 7. 15. ravenous Wolves, is no novelty; they have been thus in every age, and will be so, whiles they have continuance: But to see them mounted to such an Altitude Altitude of authority, and Tyranny, as to crucify Divinity, Law, physic on the pillory together, and to make Judges, peers, and Courts of Justice, if not sovereignty itself, the * See Fox Act●● Monuments v●l. 1. p. ●26. Ed●t. ult. executioners of their Malice, cruelty, and private revenge, by such extravagant and untrodden courses as were unknown to our Ancestors, is such a prodigious Innovation, as neither Africa nor England ever beheld the like; and never had been brought forth into the World, had not a venomous Archprelate proved a Father to engender, a Mother to foster, a Midwife to produce and bring it to its birth. But alas poor silly Politician! whiles he sought these innocents ruin by those unwarrantable practices, he laid but the foundation of his own overthrow; in the * Prov. 26, 27. c. 28. 10. Psal. 7. 15, 16. Psal. 9 15, 16. Psal. 124. 7. Psal. 140. 9 10, 11. snare that he laid for them, is his own foot taken, into the pit that he digged for them, he is fallen himself; his snares are broken, they are escaped, and he now lies entangled in them; he is * Psal. 20. 8. cast down and fallen, but they are risen & stand upright; his mischief now returns on his own head, and his violent dealing comes down upon his own pate; evil now hunts this man of violence to overthrow him, and the mischief of his own lips doth cover him. * judges 1. 7. As he hath done, so God hath requited him. * Pro. 1. 16. 18. Whiles he made haste to shed their blood, he did butlie in wait for his own; And he * Prov. 28. 17 that did violence to the blood of these persons, now fleeth to the pit, (as God hath threatened) let no man stay him; but let all stand admiring God's justice upon him, and his admirable providence, and mercy in preserving, delivering, and * Psal. 3. 7, 5, 6. acquitting them from his unjust censures, and that in the highest Court of justice, without one negative voice. The manifestation of this remarkable justice, Mercy and Providence of our great God, ( * Exodus 15. 11. glorious in holiness, fearful in praises, working wonders; not only of old, but at this present, even in all our Eyes, * Psal. 126 2, 3, doing great things for these Patients, for the whole Land, whereof we rejoice) was the chief end of publishing this Discovery, whereby to daunt all graceless Persecutors, and cheer the souls of all sincere professors. If thou reap Benefit or Comfort from it, let God enjoy thy praises, the Compiler hereof thy prayers. Farewell, and profit by what thou readest. A New Discovery of the Prelates tyranny, in their late prosecutions of Doctor Bastwick, Mr. Burton, and Master Prynne. THE now Archbishop of Canterbury, with some other Prelates of the Arminian combination, maligning Master Prynne, & Master Burton, for some books they had written against the Arminians and D. Cosens his private Devotions; about 12. years since, getting the reins of ecclesiastical authority into their own commands, prosecuted them several times and terms in the High Commission, for those their profitable, and innoxious books: whence being delivered by prohibitions, granted them out of the King's temporal Courts at Westminster; these Prelates grew more * This Archb. at the delivery of the rule for Master Prynne's prohibition was so extremely enraged, that he and some 3. or 4. Bishops more rose and went out of their Court (then kept in the Consistory at Paul's) in a Fury, saying they would immediately repair to the King, & make a bolt, or a shaft of it; using many angry words; and threatening to lay M. Prynne by the heels for delivering the Rule. enraged against them, watching every opportunity, and laying hold on any occasion to work their ruin. Master Prynne not long after, about Christide 1632, published a book against common interludes, entitled, Histrio-Mastix, licenced for the press by one Master Buckner, house-hould chaplain to the then Archbishop of Canterbury, Abbot; and published with his approbation, after serious perusal thereof, both in the written, and printed copy. It came to pass, that some six weeks after the publication of this book, the Queen's Majesty acted a part in A pastoral at Somersethouse; and there being some passages in this book against Women-actors, among the ancient Romans, Grecians, and Spaniards, quoted out of Fathers and foreign authors; and this reference to them in the Table of the book, Women-actors notorious whores, relating to those Women-actors only whom these authors thus branded; Canterbury & the prelates by their instruments, the next day after this pastoral acted, carrying Master Prynne's book to his Majesty, * Mr. H. I. that first presented, & showed the book to the King, was a few months after committed prisoner to the Tower for begetting one of the actors of this pastoral with child soon after it was acted, and making a real commentary on M. Prynne's misapplied text, both the actress, and he for this cause be▪ coming M. Prynne's fellow prisoners in the Tower, A strange providence▪ and worthy observation showed him some of those passages, especially that in the Table, and misinformed his Highness● and the Queen, that Master Prynne had purposely written this book against the Queen, & her pastoral; whereas it was licenced, and most of those passages printed near two years before; and the whole book finished at the press at least three months, and published six weeks before the personating of this pastoral: But this misinformation only exasperating the King and Queen against Master Prynne for the present, and not taking effect to work his restraint, their majesty's being truly informed by others, that this book was written▪ and printed long before this pastoral was thought of; the now Archbishop thereupon caused Doctor Heylin (whom Master Prynne had refuted in * Pag. 671 to ●78. that book by the by▪ in a point concerning Saint George.) to collect such passages out of the book, and digest them into several heads, as might draw Master Prynne into Question for supposed scandals therein of the King, Queen, State and Government of the realm▪ Hereupon the Doctor draws up such Collections, digested into seven heads, with his own malicious Inferences upon them, not warranted by Master Prynne's Text, and delivers them in writing to Secretary Co●ke, and the Archbishop. The prelate thus furnished by his minion, takes Mr. Pryn's book, and these collections, and repaireth with them, on the second Lords-Daymorning in Candlemas term 1632, to Lincoln's inn, to Master Noy than King's attorney general; and keeping him on that sacred day both from the chapel and Sacrament, (which he then purposed to receive) showed him the said book and collections of some passages out of it, which he said, his council informed him to be dangerous: & charged him on that duty he owed to his Master, the King, to prosecute Master Prynne for the same. Master Noy before this, had twice read over the said book very seriously, and protested, that he saw nothing in it that was scandalous or censurable in Star-Chamber, or any other Court of judicature; and had thereupon commanded one of the books (which Master Prynne delivered him) to be put into Lincoln's inn library for the use of the house; in so much that he was so discontented at this command of the Arch-prelate, that he wished he had been twenty miles out of town that morning. But being commanded he must obey; and within few days after, Master Prynne, by this prelates instigation, was sent for before the Lords to the inner Star-Chamber, and by them sent prisoner, with 4. of the King's Guard to the Tower of London, on Feb. the first 1632, with this warrant, to which this prelates hand among others, was subscribed. AFter our hearty commendations; whereas there is cause to restrain William Prynne Esquire▪ and to commit him to your custody, these are therefore to will and require you to receive into your charge the person of the said William Prynne, and to keep him safe prisoner in the Tower, without giving free access to him, until you shall receive further Order: for which this shall be your warrant. From the Star-Chamber the first of Feb. 1632. Thomas Coventry. Archbishop of York. H. Manchestour. Dorset. Faukland. Guil. Lond. now Canter. Edward Nuburgh. John Cook. Tho. Germine. Francis Windebanke. To our loving friend, Sir William Balfore, Knight Lieutenant of his majesty's Tower of London. BY force of this general warrant, against Law, wherein no cause of co●●itment is specified, Master Prynne was kept pri●●●●r in the Tower, without bail or mainprize, notwithstanding his oft petitions for release absolute, or upon bail, till Master Noy, (sending for the said Heylins collections,) exhibited an Information against him in the Star-Chamber for his said licenced book the 21 of inn following, and prosecuted it so, that not permitting Master Prynne to be bailed, not yet so much as to repair to his counsel, with his keeper; on the 17 of Feb. 1633 he procured this heavy sentence against him in that Court: That Master Prynne should be committed to prison during life, pay a fine of 5000 pounds to the King, be expelled Lincoln's inn▪ disbarred▪ and disabled ever to exercise the profession of a barrister; degraded by the University of Oxford, of his degree there tak●●; and that done ●e set in the Pillory at Westminster, with a paper on his head declaring the nature of his offence, and have one of his ears there cut off, and at another time be set in the pillory in Cheapside, with a paper as aforesaid; and there have his other ear cut off; and that a fire shall be made before the said pillory, and the hangman being there ready for that purpose, shall publicly in disgraceful manner, cast all the said books which could be produced, (to gather up which, Messengers with special warrants, were sent to bookesellers into divers Counties) into the fire to be burnt, as unfit to be seen by any hereafter; no particular passages of the said book, on which their unparalleled sentence was grounded, being so much as mentioned in the Information, replication, or decree as by Law they should, and doubtless would have been, had they been really effensive, demeriting such a Censure. But the innocency of these misconstrued and perverted passages (being for the most part the words of other approved authors,) was the cause of their concealment and not recording: and though many of the Lords never dreamed of any execution of this hard judgement, and the Queen (whom it most concerned) earnestly interceded to his Majesty to remit its execution; yet such was the prelates power and malice, that on the seventh, and tenth of May following, (even in cold blood) it was fully executed with great rigour. Whiles Master Prynne's wounds were yet fresh and bleeding, within three days after his execution, this Arch-prelate of Canterbury, to add more weight to his affliction, against all Law and equity, when there was no suit pending against Master Prynne in the High Commission, & his fine in Star-chamber un●streated, granted this warrant out of the High Commission for the seizure of the books of his study, (conveyed to his tailor's house in Holborn) of which his spies had given him Intelligence. Upon special consideration, These are to will and require you in his majesty's name, by virtue of his highness' Commission for causes ecclesiastical under the great seal of England, to us and others directed, that forthwith upon the receit hereof, you (taking a Constable and such other assistance with you which you shall think meet) enter into the house of Thomas Edwards dwelling in Holborn, and therein and in every several room or place thereof, or in any other house or place, as well in places exempt, as not exempt, and that thereupon you do make diligent search for all Pamphlets, books and writings, either in hampers or otherwise, belonging to Master Prynne, and all such so found to seize and apprehend, and attach, or cause to be seized, apprehended and attached, and that thereupon you detain them under safe custody, and bring a true Inventory of them forthwith before us or others our colleagues. His majesty's Commissioners in that behalf appointed, that thereupon they may be disposed of according to the * What Law is there for you to false, and dispose of the Books of men's studies, against whom nosuites are péding before you? Or with what face can you pretend Law, when you do directly against law? Law, and as shall be thought meet, and agreeable to justice▪ willing and requiring in his majesty's name, by authority aforsaid, all justices of peace, Majors, sheriffs, Constables, bailiffs, and all other his majesty's officers, and loving subjects to be aiding and assisting unto you, in and about the execution hereof, as they tender his majesty's service, and will answer the contrary at their peril. Given at London, this thirteenth day of May, 1634. Will. Canter. Na. Brent. Jo. Lambe. Utro. Gwynne. Arth. duck. Ro. Aylett. Tho. Mottershed deputatus Geo. Paul mi. Regstrar, Regij. To Humphrey cross one of the sworn messengers of his majesty's Chamber, and also to William ●la●sted his deputy, and to either of them. BY virtue of this warrant one cartlode of Master Prynne's books were there seized, and carried away by cross; of which Master Prynne complaining, the Archbishop in the open Court in Star-Chamber denied the granting of this warrant, though yet extant under his hand, and promised present restitution of the books; and yet gave under hand order for detaining them till they were extended, and sold for Master Prynne's fine in Star-Chamber; such saith and truth is there in Prelates words and actions. Master Prynne remained sundry years a prisoner in the Tower by force of the former censure: during his imprisonment 〈◊〉, the prelates brought Doctor Bastwick into their High Commission Inquisition, for his Elenchus papismi, and Flagellum Episcoporum Latialium: and there▪ without any just ground or cause at all, passed a heavy and unjust censure upon him; by virtue whereof he remained close prisoner two years in the gatehouse, the limbus pat●●m of our ghostly fathers; where he writ a Latin book sti●ed, Apologeticus ad praesules: Anglicanos, dedicated to the Lords of council, declaring the injustice of the proceedings and censure against him in the High Commission, which was printed, and a litany in English. Not long after Master Burton upon the fifth of November, 1636. preached two Sermons in his own parish-Church in friday-street in London upon Prov. 24. 21. 22. My son fear thou the Lord, and the King, and meddle not with those that are given to change, &c. wherein he laid open the Innovations in doctrine, worship and ceremonies, which had lately crept into our Church, and wished the people to beware of them, The Archbishop hearing of it, causeth Articles to be drawn up against him in the High Commission, and summoned him to answer them, out of term, before Doctor duck, at Cheswick; where he appearing, instead of answering, appealed to the King, which appeal was formally entered by the Register: yet notwithstanding, within 15. days after, they summoned him to appear before a private Commission at doctor's Commons, by direction from the Archbishop, and there suspended him, both from his office and benefice, and granted out attachments to apprehend him: he hereupon keeps his house, prints his Sermons, with an apology, to justify his appeal; which he dedicated to the King, with Epistles to the Lords of the counsel, to whom his wife presenting some of those printed Sermons, by his direction, was committed by the Lords for her pains. The High Commission pursuivants not daring to break open Master Burton's doors to apprehend him, the Archbishop, and Bishop of London made a warrant to one Dendy a sergeant at arms, to apprehend him, of which this is a true copy. THese shall be to will and require you to make your immediate repair to any place where you shall understand of the present being of Henry Burton Clark's, and having found him, to take him into your custody, and to bring him forthwith and in your company (all delays and excuses set a part) before us, to answer to such matters as shall be objected against him. And you are further by virtue hereof to require and charge all Majors, sheriffs, justices of peace, bailiffs, Constables, Headborughs, and all other his majesty's Officers and loving Subjects, to be aiding and assisting unto you, in the full and due execution of this service, whereof neither they nor you may fail at your perill●. And this shall be unto you and them a sufficient warrant, Dated at Star-Chamber the first of Feb. 1636. * The 〈◊〉 and first 〈◊〉 in all the warrants. W. Cant. Guil. London. Henry. Vain. Tho. Coventrey. Arundel and Surrey▪ I. Coke. To Edward Dendy Esquire, one of his majesty's sergeants at arms. BY force of this illegal warrant (expressing no cause of Master Burton's apprehension as by law it ought) sergeant Dendy came to Master Burton's house in friday-street, the same evening between ten and eleven of the clock at night, accompanied with Alderman Abel▪ than Sh●●iffe of London, and diverse armed Officers and pursuivants, and be●●●ting his house, * Which Act the Parliament hath resolved to be against Law, and that sergeants at arms 〈◊〉 break open men's hous●●. violently broke open his doors with Iron crows, and attached him in his house, he making no resistance: and the High Commission pursuivants entering in along with him, by warrant from the High Commission under Canterbury's hand and others searched his study, and took away such books, and papers with them as they pleased, and Master Burton that night was lodged where the preachers at Pauls-cross were entertained, and there kept prisoner till the next day, when instead of being brought before the Lords as this warrant required, he was by another warrant, without any cause expressed, committed close prisoner to the 〈◊〉, the copy whereof (to which Canterbury's 〈…〉) here followeth. THese 〈…〉 will and require you to receive into you●●●●tody the person of Henry Burton clerk, sent herewith unto you, and to keep him * Canterbury himself and Str●fford, though accused and committed by the Parliament for high Treason, had far more liberty, and were not close imprisoned, as they committed others. close prisoner in the Fleet, not suffering any one to speak with him until further Order, whereof you may not fail at your perils, and this shall be your warrant. Dated at White-Hall the second of February. 1636. W. Cant. Guil. London. Arundel and Surry. Pemb●ooke and Mountgomery. T. Jermyn. Io ●●oke Fra▪ Windebanke▪ To the Warden of t●● Fleet or his deputy. MAster Burto●●ereupon was shut up sundry weeks close prisoner in the Fleet, so as neither his wife nor friends could have free access unto him. In the interim, between his Sermon preached and his imprisonment, two books, the one entitled, A Divine Tragedy, containing a Catalogue of God's late judgements upon Sabbath-breakers, the other news from Ipswitch, discovering some late Innovations in Religion brought in by the Prelates, and some extravagancies of Bishop Wren in his late Visitation, were published in print, without any Authors name annexed to them, wherewith the Prelates were much vexed and perplexed. And consulting with themselves which way to vent the extremity of their malice upon Doctor Bastwick, Master Burton, and Master Prynne, they at last resolved to exhibit an information against them into the Star-Chamber in Sir John Banks his majesty's attorney's name, with these two last named books, Doctor Bastwick's Apology and litany, and Master Burton's Apology of his appeal, and two Sermons, thereto annexed, which was done accordingly. This information was exhibited into that Court the eleventh day of March 12. Caroli, in the Vacation time, against these three Gentlemen, and others, who were ordered to appear and put in their answers to it immediately. They, served with Sub-poenas returnable immediatè, contrary to the usual proceedings of the Court, refused to appear (being all three prisoners, and two of them close prisoners, before,) unless they might have liberty of access to counsel, to advise and assist them in their answers, it being the Prelates aim to deprive them of this liberty; Of which the Lords being informed, made this ensuing order; wherein, though they granted them access to council, yet they denied them the liberty of conferring together at counsel, though joint defendants (who might have jointly answered) contrary to the rules of Law, and all former precedents. One copy of which order (sent indifferently to their three distinct prisons) I shall here annex. At White-Hall the 15. of March. 1636. Present. Lo. Archbishop of Cant. Lo. Keeper. Lo Treasur. Lo. privy-seal. Lo. High chamberlain. Ea. Martial. Lo. Chamberlain. Ea. of Northumberland. Ea. of Dorset. Ea. of Salisbury. Ea. of Holland. Lo. Cottington. Lo. Nuburgh. Mr. Tresur. Mr. controller. Mr. V. Chamberlain. Mr. Sec. Cook. M. Sec. Windebanke. Whereas information was this day given to the board by Master attorney general, that he had prefe●red a Bill of Complaint in the Star-Chamber against Henry Burton clerk, and others, and that the said Master Burton doth refuse to make answer to the said complaint, unless he may have liberty to go abroad to prepare and advise with his counsel, though his counsel had leave to have access and to confer with him in the Prison: Yet to take away all allegations or pretence for excuse herein, their Lordships have thought fit, and ordered, that the said * God forbid he should have so much favour, being in disfavour with the Prelates. Master Burton shall have liberty to go abroad with his Keeper, to speak and confer with his council when he desireth the same, and that his said Keeper is to have special care that the said (Master Burton do not make use of the liberty to) confer with other persons, and that he be permitted to go to no other place, but to his said council. And that the said Master Burton shall immediately appear to the said Bill, and make answer within ten days after. And thereupon the board will give such further Order as shall be fit. Ex. Will: Becher. THe Prisoners upon this order having liberty to go abroad with their Keepers, first repaired to the Lord Keeper, and petitioned for counsel to be assigned them: which granted, they repaired to their counsel at Lincoln's and Gray's inn, where meeting together, and conferring a short speech (in the presence of their keepers) with their counsel, notice thereof was immediately given to the Archbishop, whereupon their Keepers were sharply checked, and charged not to permit them to meet or speak together any more, which was strictly observed. Master Prynne, fearing that they should not be permitted to make a full answer to the Information, draws up a cross-bill against the Archbishop and others; wherein he charged them, with usurping upon his majesty's prerogaetive royal, with Innovations in Religion, Licensing of popish and Arminian books, and other particulars: which bill being engrossed and signed with all their three hands, Master Prynne tendered to the then Lord Keeper, with a petition, praying; that it might be accepted under their own hands, since it concerned his Majesty and Religion so much, and counsel durst not sign it for fear of the prelates; alleging, in the petition, that if the charges of the Bill were true (as they were ready to make good with their lives,) than their Lordships, as they hoped, would think meet they should be examined, and the prelates put to answer, and punished for them: If false; that then the Bishops to clear their suspected Innocency to the World, would be willing to answer it, since their declining its answer, would imply a guiltiness in them. The Lord keeper receiving this Petition and cross-bill, upon reading the contents thereof, refused to admit it, delivering it to the King's attorney, and (as I am informed) the Archbishop demanded the opinion of the Judges; Whether these three complainants might not be punished as * Yea, and have their lives taken away. libelers for exhibiting this cross-bill against him▪ and other Prelates: who all but one, resolved; that they could not, because the Bill was tendered in a legal way, and might not in point of law be refused; the King's Courts of justice being open indifferently to all his Subjects, to sue or be sued. However this Bill was suppressed, by the prelate's power, and Master Prynne within a week after his appearance to the Information, by the Archbishop's procurement, had his Chamber in the Tower searched by Master Nicholas, one of the clerks of the counsel, and a * This pursuivant was, so officious that he searched Mr. Prynne's foul close-stool, though Master Nicholas wished him to forbear, where he found nothing but a fitting Nosegay to recompense his industry. pursuivant of the Bishops sent to overlook him; part of his instructions for his answer they s●ised, and carried them away to the Archbishop his servant who should solicit his business, was attached by a messenger and kept close prisoner in his house above ten weeks (till after the hearing) without bail or mainprize; which was utterly refused; the liberty of Pen, ink and Paper, to draw up his answer and instruct his counsel was then also inhibited; himself shut up close prisoner, and all his friends debarred from him; by a verbal order only. By which strange proceedings he was utterly disabled to put in his answer, which he earnestly desired, and was denied access to his council contrary to the Lords former order; This done, on the 28 of April Master Pryn, and his codefendants by an order of the Court, were enjoined to put in their answers to the Information by Monday next came sennight, by the advice of their counsel, and under their hands, or else the matters of the Information should be taken against them pro confesso. He (having no liberty then to go to his council, and they for fear of the Prelates being unwilling to repair to him, or to meddle in the cause) thereupon petitioned the Court, that (having been a barrister at law) he might have liberty to put in his answer to this Information under his own hand; annexing sundry reasons to the petition, why his own answer, in this case ought to be received without the hands of his counsel. This petition (together with an Affidavit of the particulars therein alleged) was presented and read in open Court the fifth of May 13. Caroli. of which this is a true copy. Master Prynne's first Petition to the Lords the 5. of May 13. Caroli. To The right honourable the Lords of his majesty's High Court of Star-Chamber. The humble Petition of William Pryn close prisoner in the Tower of London. Humbly showeth, THat whereas the petitioner, on Monday last, received from Master Goad, an order of this honourable Court, Dated the 28. of April 1637. Whereby he is enjoined to put in his answer to the Information against him, by Monday next, under his counsel's hands, or else the matters therein contained shall be taken against him Pro confesso, That the petitioner, in regard he hath been debarred all access to his council a week's space and more, deprived of the use of his Servant, who should solicit his business for him, being detained close prisoner in a Messengers hands; debarred all acc●sse of friends, the use of Pen, and ink, and disabled both in respect of the quality of his cause, the greatness of the persons whom it concerns; the diversity of his counsel's opinions, and the difficulty of procuring his council to repair to him to the Tower, during the term, to advise him, he having no means to reward them according to their pains; and for other reasons mentioned in his Affidavit, is utterly disabled to perform the said Order, to put in any answer without great prejudice both to himself and his cause, which much concerns both the King, his crown and dignity, the Religion established, and the liberties of the Subject infringed by the Prelates, and their confederates. He humbly therefore beseecheth your Lordships, not to exact impossibilities at his hands; but in this case of necessity (according to many late precedents in this honourable Court) to grant him liberty to put in his answer by the said day under his own hand, he having been a barrister at law, and not under his counsels, who refuse to do it out of fear and cowardice (being more fearful of the Prelates, then of God, the King, his crown, and dignity;) and also for the causes hereunto annexed, which he in all humility submits to your lordship's wisdoms and justice. And the petitioner for the concession hereof shall ever pray for your Lordships, &c. The reasons why the petitioner (Master Prynne) humbly conceiveth, that this honourable Court ought in point of law and Justice, to admit his answer under his own hand, without his counsels, which he cannot procure. FIrst, because there are many late precedents in this 1. Court, wherein divers defendants answers have been admitted without the hands of council, in cases where no council would set their hands to them, as Close, and Doctor Laytons' cases, with many others, and but one precedent only against it: which being ancient, singular, upon a special reason, in case of a Woman, not of a man, much less of a Lawyer, and in a far different case from this defendants, ought not, as he humbly conceiveth, to overballance the precedents for him. Secondly, because upon an oretenus and Interrogatories 2. in this Court, in many cases before his Majesty and the Lords at the council-table, in Parliament, and in the Kings-Bench upon Indictments, and Informations [especially for Felony or Treason] the defendants are allowed freely to make their own answers and defence without counsel, if they please, and in some cases are denied counsel. Thirdly, because counsel [who were not ab initio, 3. but came in long after causes,] both in this honourable Court, and elsewhere, are allowed and assigned, not out of necessity, but favour only, for the help and benefit of defendants, not to be so strictly tied unto them, but that they may have liberty to make answer without them in case where they and their council differ in the substance of their answers, or where council advise them to their prejudice, either out of fear, ignorance, or otherwise, else it would lie in counsel's power both to prejudice▪ and betray their causes, and make them liable to censure though innocent. Fourthly, because every answer in the eye of the law 4. is the defendants only, though signed by his council for forms sake: he only is summoned to make answer, he only is to swear it, and he, not his council, is to undergo the hazard of it: therefore he alone in point of law and Justice is only bound of necessity to sign it, not his council. Fiftly, because else there would be a failure of Justice 5. in many Cases, through the want, fear, neglect, ignorance, diversity of opinion, or treacher of council: for if one be peremptorily enjoined to put in an answer by a day, as this defendant now is, and counsel neglect, refuse, delay or fear to do it upon any occasion by the time, (which is this defendants Case) he must (without any default, contempt, or neglect in him) suffer thereby as a delinquent, though innocent, without any legal conviction; which were injury and injustice in the highest degree. Sixtly, because the very law of nature teacheth every 6. Creature, but man especially, to defend, preserve and make answer for himself, either when the party accused cannot procure others to do it, or can do it better than others will, can, or dare do, himself: But in the present Case, this defendant cannot procure his council to make such an answer as his cause requireth, which resting upon books, matters of Divinity, and on other points, wherein his counsel have but little skill, all which he must justify in his answer, he is better able to make his answer and defence thereto, than his counsel can, will, or dare to do, in case they were willing to undertake it▪ (which now they utterly deny and refuse only out of fear and cowardice,) as aforesaid, and therefore ought, as he humbly conceiveth, to be permitted to do it, both in point of Law and Justice. Seventhly, because God and Christ, the supreme Judges 7. of the World, and patterns of all Justice both here on Earth, have, and at the general day of judgement, when all men shall appear before their dreadful tribunals, will allow every man to make his own personal answer, and defence, without counsel or proxy, much more than should every inferior Judge, and Terrene Court of Justice do it, if the party desire it, and others will not, dare not do it. Eightly, because by the judicial Law among the Jews, 8. every man was to make his own defence, neither did their Law judge any man, before it heard him and knew what he did. John 7. 51. And by the civil Law, even among the Pagan Romans, it was not the manner to condemn any man, before that he who was accused had the accuser's face to face, and had Licence to answer for himself concerning the crime laid against him, Acts 25. 16. If then the laws amongst Jews, and Pagans, gave every defendant leave, thus to make answer for himself, and never condemned any as guilty for not answering by counsel (as appears by the cases of Naboth, Susanna, Christ and others, though unjustly condemned, yet not without a full hearing, and witnesses first produced, though false,) this defendant humbly conceiveth, that by the laws and Justice of this Christian commonwealth, and this honourable Court, he ought to have like liberty in this cause of so great consequence, and that the Information against him ought not to be taken, Pro confesso, without hearing witnesses, or defence, in case he tender an answer under his own hand, only without his counsels who refuse to advise or direct him, else our Christian laws, and Courts of Justice, might seem to be more unreasonable than the Jews, or Pagan Roman laws and tribunals, which God forbid any man should imagine. Ninthly, because S. Paul when he was slandered & accused 9 by Ananias the Jews high-Priest, with the Elders, and Tertullus their Orator, to be a pestilent fellow, a mover of sedition among the Jews, throughout the World, and a ringleader amongst the Sect of the Nazarens, and that several times, both before Felix, Festus and King Agrippa, (three heathen Governors and Magistrates,) had still free liberty granted him by them all both to answer and speak for himself to the full, to justify and clear his innocency, without any counsel assigned. Act. 24, & 25, 26. neither did nor could the Jewish, high-Priest except against it. This defendant therefore being now accused in this honourable Court of the like crimes, by some English Prelates and high-Priests instigation, hopes to enjoy the self same privilege and freedom before so many honourable Lords, and Christian Judges, which Paul did before these Pagans. And he supposeth his said adversaries will not be against it, unless they will be thought to fear, and decline the defendants answer, as guilty persons, who dare not admit their actions to be scanned in so honourable a Court; or men unwilling to have this defendant clear his own Innocency; or else be deemed more unreasonable than Ananias himself, especially in this defendants particular case; who having been a barrister, and counsellor at the Law formerly admitted, even in this honourable Court, to put in answers under his own hand in other men's cases, cannot but hope and presume to obtain the like Justice, and favour from it now, in his own cause, (being thereto necessitated through his counsels fear and deserting of him) for the premised reasons, which he in all humility submits to this honourable Court. Upon the reading hereof in open Court, and of a like petition from Doctor Bastwick, to put in his answer under his own hand, since his counsel refused to sign it; the Court ordered the same day, that they should put in their answers by Monday next under counsels hand, or else be then taken Pro confesso; denying them liberty to answer under their own hands. Hereupon Doctor Bastwick, when no counsel would sign his answer, tendered it at the Star-Chamber office, under his own hand, and there left it: and Master Burton having his answer drawn, engrossed and signed by his assigned counsel, Master Holt, who afterwards withdrew his hand, because his other counsel would not subscribe it, out of fear to displease the Prelates, tendered it to the Court, desiring it might be accepted, or Master Holt, ordered to new sign it; upon this the Court, the 10th of May (being the next sitting) made this Order. In Camera Stellata coram Concilio ibidem, decimo die Maii, An. Decimo tertio Car. Reg. Whereas by several orders of this Court, John Bastwick Doctor in physic, and Henry Burton clerk defendants, at the suit of his majesty's Attorney general plaintiff, were ordered to put in their answers under counsel's hand by Monday last, or in default the matters of the Information, to be taken against him pro confesso: forasmuch as the Court was now informed that the said Doctor Bastwick, hath not yet answered, nor will be drawn to put in any answer under the hand of his counsel, but hath thrown into Master Goad's Chamber, the deputy clerk of this Court, five skins and a half of parchment close written, with his own hand subscribed thereunto, wherein, as is alleged, is contained much scandalous & defamatory matter: It is therefore ordered, that all the matters of the said information wherewith the said Doctor Bastwick is charged, in the same shall be taken against him Pro confesso And that his majesty's attorney general do take into his custody, and consideration the said several skins of parchment, subsigned as aforesaid, for such farther order to be therein had and taken, as to justice shall appertain. And for as much as the Court was now informed, that the defendant Burton hath caused his answer to be drawn by counsel, and engrossed, and would have put it in, if his counsel who drew the same, or any other of his counsel, would have set their hands thereunto: The Court therefore did forbear to take him Pro confesso, and hath ordered, that his answer be received under the hand of Master Holt alone, and that after his answer put in, and interrogatories exhibited, the examiner shall repair unto him in person, where he is to take his examination upon the said Interrogatories. Jo. Arthur. Dep. DOctor Bastwick upon this Order, the next Court-day petitions the Court, that his answer left in the Court might be accepted under his own hand, in default of council; and Mister Prynne, (much grieved that he could neither gain liberty nor possibility to answer the Information, for his just defence, formerly ordered to be taken pro confesso against him,) the same day petitioned the Court in this manner. To the right honourable the temporal Lords of his majesty's high Court of Star-Chamber The humble petition of William Prynne, prisoner in the Tower. IN all humbleness showeth, That the petitioner ever Master Prynne's second petition to the Lords. since his appearance to the Information exhibited against him, hath been denied the liberty of Pen, Jnke or Paper at his Chamber▪ to draw up his answer, or instructions for his counsel: That his servant who should solicit his business, copy and engross his answer, hath for a month's space been kept close prisoner from him in a Messengers hands, by his chief adversaries practise and power, contrary to Law and Justice, of purpose to retard his answer, and disable him in the prosecution of his cause: That his friends have been restrained from him, and himself ever since the day before the term, prohibited all access to his counsel (granted to his Codefendants) who without any neglect or default in the petitioner, for reasons best known to themselves, refuse to repair to him, or to undertake any thing in his cause, which they have all quite deserted. By means whereof the Petitioner (though ever desirous to answer, and submit to the Orders of this honourable Court) neither hath nor possibly could put in his answer under his counsel's hands according to the last orders: which disabling him to draw up his own answer, and requiring mere impossibilities of him beyond his power to effect (his counsels hands and wills being not at his command, much less their consciences and judgements,) he hopeth neither shall nor ought in point of Law or equity, to be so far obligatory and penal to him, as to make him culpable of all the charges in the Information, without any proof on his Prosecutors part, or default and contempt on his own. Since by such away of proceeding (of very dangerous consequence and example scarce paralleled in any age,) the most innocent person may be betrayed, and condemned as nocent of any crimes whatsoever falsely charged against him, without any neglect or guilt in him, through the unfaithfulness, wilfulness, fear, corruption or default of counsel, and especially in the case of powerful and malicious opposites. He therefore in the midst of these his exigents, and desertions of his counsel, most humbly beseecheth your Lordships, not to require impossibilities at his hands (thus bound) beyond his power to effect, but so to deal with him in this case of extremity, and necessity, as your Lordships would be dealt with yourselves, were you (which God forbid) in his present condition, and as you would have Christ himself to proceed with you at the great day of judgement, when you shall all appear before his tribunal to give account of all your proceedings in this and all other causes: Or if this be overmuch, then only to grant him such common favour, and justice in this honourable Christian Court, as Christ himself found before Pilate, and Paul before Faelix, Festus, and Agrippa, mere heathen judges; or as every Traitor or Felon (though never so vile or guilty) usually claims, and enjoys of common right in other his majesty's Courts of Justice, to wit, free liberty to answer for himself, when his counsel either will not, cannot, or at least wise dare not do it; with the use of Pen, ink and Paper, until friday next, to draw up an answer under his own hand, according to the truth and weightiness of his cause, since he cannot procure his counsels; and not to prejudge him as guilty, before his answer or defence first heard▪ or witnesses produced. A request so just and reasonable (as he humbly conceiveth) that his adversaries themselves whether innocent or guilty, cannot in point of honour, justice and conscience, in regard of their places and professions) but willingly (condescend unto, much more than this honourable Court, especially in this weighty cause (not to be precipitated) which highly concerns his majesty's royal prerogative, the state and safety of Religion, and the weal of the whole realm, as he hopeth to make good in his answer, and by his cross Bill exhibited to this honourable Court against some great Prelates, and their confederates, under his own and codefendants Bastwick's, and Burton's hands for want of counsel (who refuse to appear in this case of God and the King, against the Prelates, dreaded much more then both) which bill being for the Petitioners, and his said Codefendants necessary defence, and justification, (who are ready to make it good at their uttermost peril) and tending only to the maintenance of his majesty's crown and dignity, our established Religion, and the subjects liberties, against the said Prelates late dangerous encroachments, Innovations, practices and oppressions, he now humbly prayeth may be admitted, it being (as he humbly apprehendeth) a cause of infinite consequence, and a thing of common right, which ought not to be denied to, or against any subject in an ordinary way of Justice. And your Petitioner (upon the concession of his petition) shall ever pray for your Lordships. &c. THis petition being read in open Court the 12. of May; the Court commanded Master Holt, one of Master Prynne's counsel forth with to repair to him to the Tower to take instructions for his answer; and in the afternoon the Lieutenant of the Tower, was sent for by the prelate's instigation, and checked by the Lords for suffering Master Prynne to dictate such a petition, and one gardener, (a clerk belonging to the Tower, who writ it from his mouth by the lieutenant's licence) was for this capital offence by a warrant from the Archbishop, and others, the same evening apprehended by a pursuivant, and kept prisoner by him some 14 days, and not released, till he had put in bond to appear before the Lords when ever he should be called; after which he was hunted after by the Archbishop's pursuivants out of the high Commission: Who upon the reading of this petition, and Doctor Bastwick's, made a motion in Court of purpose to prejudge the cause before it came to hearing, tending highly to affront his majesty's prerogative, and thereupon procured this forejudging order, wherein his insolent motion is recited. In Camera Stellata coram Concilio ibidem, duodecimo die Maii, Anno decimo tertio Caroli Regis. THis day several petitions being read in open Court, presented on the behalf of John Bastwick Doctor in physic, and William Prynne Gent. defendants at the suit of his majesty's Attorney general; The most reverend Father in God the Lord Archbishop of Canterbury his * It should here be his injustice rather. Grace Informed the Court that in some of the Libellous Books, and Pamphlets lately published his Grace and others the reverend Bishops of the realm are said to have * The Parliament hath now resolved this for a truth, however, the Court of Star-Ch●mber or Judges determined contrary in favour of the prelate●. usurped upon his majesty's prerogative royal, and to have proceeded in the High Commission, and other ecclesiastical Courts contrary to the laws, and Statutes of the realm; about which he prayed the judges might be attended, and they prayed and required by this Court to certify their opinions therein upon consideration whereof, the Court hath ordered, that the two Lords chief justices now present in Court, the Lord chief Baron, and the rest of the judges, and Barons shall be attended by his majesty's learned * Why not by the defendants too, to hear what they could say. council, touching the Particulars hereafter ensuing, viz. Whether process may not issue out of the ecclesiastical 1. Court in the names of the Bishops? Whether a patent under the great seal be necessary 2. for the keeping of ecclesiastical Courts, and enabling of citations, suspensions, and excommunications, and other censures of the Church? and whether the Citations, aught to be in the King's name, and under his seal of arms, and the like, for Institutions, and Inductions to benefices, and corrections of ecclesiastical offences? Whether Bishops, Arch-deacons, and other ecclesiastical 3. persons may or aught to keep any Visitation at any time, unless they have express Commission, or Patent under the great seal of England to do it, and that as his majesty's visitors only, and in his name and right alone? Jo. Arthur, Dep. THese three questions highly concerning his majesty's prerogative, debated, and determined by the defendants against the prelates for the King, were the main scandals and libels complained of in this new Information, and the books thereto annexed; to prejudge which before the hearing, without the defendants privity (never summoned to be heard what they could say in these particulars, against the prelates encroachments, in defence of the King's right and of themselves) was nothing else but the extremity of injustice, and a forestalling of the cause by a previous judgement of the Judges (then at Canterbury's beck) before it was heard. Upon this Order, all the Judges before the hearing returned this Certificate for the prelates, whom then to disobey or contradict in any thing had been fatal, if not capital; whereupon this following order was made, which will abundantly evidence the Archbishop's insolency, treachery and injustice in the carriage of this cause, and the unpatternd compliency both of the Judges, and Court of Star-Chamber to his ambitious, unreasonable, and unjust desires. In Camera Stellata coram Concilio ibidem quarto die Junii, Anno decimo tertio Caroli Regis. THis day was read in Court, the Certificate of the two Lord chief Justices, the Lord chief Baron, and other the justices of the Court of King's Bench, and Common Pleas, and Barons of the Exchequer, made according to an Order of reference to them granted the 12 of May, last past, upon a motion made in the Court, wherein his majesty's Attorney general, is plaintiff against John Bastwick, Doctor in physic, and others defendants; In which respect the said judges have decla●ed their opinions in point of Law, touching the several matters to them referred by the aforesaid Order, and the same being so read in Court, his * It is a strange age when his Majesties own sworn counsel, must thus be of counsel with the prelates against the King contrary t● their o●●h, ●nd promote their ●ncroachments upon his prer●g●tive Roy ●ll. majesty's Attorney general humbly prayed that the said Certificate may be * A strange precedent and motion, I think no age can sh●w the like. recorded in this Court, and in all other the Courts at Westminster, and in the high Commission, and other ecclesiastical Courts for the satisfaction of all men, that the proceeding in the High Commission, and other ecclesiastical Courts are agreea●le to the Law and Statutes of the realm; which the Court held reasonable, and hath ordered it shall so be; and that after the same is enroled in this Court, and other the Courts aforesaid, the original Certificate of the said judges shall be delivered to the most reverend Father in God * It is fit it should end as well as begin with him. the Lord Archbishop of Canterbury his grace to be kept, and preserved amongst the records of his Court, Which Certificate followeth in these words. May it please your Lordships, ACcording to your lordship's Order, made in his majesty's Court of Star-Chamber the twelfth of May last, we have taken consideration of the particulars wherein our Opinions are required by the said Order, and we have all agreed: That process may issue out of the ecclesiastical Court in the name of the Bishops, And that a Patent under the great seal, is not necessary for the keeping of the said ecclesiastical Court, or the enabling of Citations, Suspensions, Excommunications or other censures of the Church. And that it is not necessary, that Summons, Citations, or other processes ecclesiastical in the said Court, or Institutions or Inductions to benefices, or Corrections of ecclesiastical offences in those Courts, be in the * It seems than they are no one of the King's Courts, because they have neither his name nor Image. King's name, or with the style of the King, or under the King's seal, or that their seals of Office, have in them the King's arms, And that the Statute of primo Edwardi sexti. Ch. 2. which enacted contrary, is not now in force. We are also of opinion that the Bishops, Arch-Deacons, and other ecclesiastical persons may keep their Visitations, as usually they have done, without Commission under the great seal of England so to do. Primo die Julii 1637. Jo. Bramston, Jo Finch, Hum. Davenport, Wm. Jones, Jo. Denham, Richard Hutton, George Crook, Thomas Trever, George Vernon, Robert Barkley, Richard Weston. Jo. Arthur Dep. DOctor Heylin in his brief and moderat● answer t● Master Burton (the matter whereof contradicts the Title) written by the Archbishop of Canterbury's special command p. 102. avers, that it was positively delivered by my Lords the Judges, with an unanimous consent, and so declared by my Lords chief Justices in 〈…〉 last past (before this Certificate) that the Act of Repeal the first of Queen Mary, doth still stand in force, as unto the Statute of first Edward 6 ●. 2. by you so much pressed, and that the Bishops might lawfully issue out process in their names, and under their own seals. Which if true, it is apparent that the Archbishop (from whom the Doctor had his information) had received all the Judges resolutions in this point, not only before the hearing of the cause, but even before his motion in Court, that the Judges might be attended to know their resolution in these points. Is not this pretty underhand juggling, and square prelatical proceeding, deserving extraordinary Laud? But to return to the defendants, where I last left them. Master Prynne, upon Master Holt's resort to him by the Lord's command, upon his last petition, to his Chamber at the Tower where he was shut up close prisoner, gave him both a fee and instructions to draw up his answer by, with all possible speed: hereupon Master Helt draws an answer according to his own mind different from his instructions which he sent to Master Prynne to peruse; who disl●king the generality of it, desired him to confer with his other counsel, and to amend it in some particulars; whereupon Master Tomlins another of his counsel, and Master Holt after two meetings agreeing upon his answer, Master Holt gave order to his Clerks to engross it, and promised to sign it the next morning, that it might be put into the Court. Master Prynne informed hereof paid Master Holt's Clerks for engrossing it, and the next morning by his keeper sent another fee to Mr. Holt to sign it according to promise; who then refusing both the fee and the signing of the answer, and being taxed for it by Master Tomlins (who had signed the paper copy) and demanded the reason by Master Prynne's keeper, why he refused to sign it contrary to promise; answered, that he had received express order not to sign it, and afterwards being taxed for it by master Prynne himself, who demanded the reason of this denial; he told him, that he durst not subscribe it for an 100 pounds though he had drawn it, for fear of being put from the bar, he having received a command to the contrary. In the mean time Master Tomlins who was willing to sign it, departed into the country upon his necessary occasions, so that his hand could not be gotten; Master Prynne thus deluded, acquaints the Lieutenant of the Tower with this false dealing, requesting him to inform the Lord Keeper of it; and to desire his Lordship in his behalf, either to enjoin Master Holt to sign his answer according to promise as he had done in Master Burton's case; or to accept of it without an hand; or of it, or another answer signed with his own hand, since he had done his utmost, and had no means to compel his counsel to subscribe his answer against their wills; The Lord Keeper upon this Information, answered, that he had no power to force counsel to sign an answer, and that it was not his use to do it, or to receive any answer without counsels hands. Upon the return of which answer, Master Prynne replied; that if the Lord Keeper being chief judge of the Court, the greatest officer in the realm under the King, and a freeman, had no power to enforce his counsel to sign his answer according to duty, equity and promise; then certainly he, being a poor close prisoner had far less power to do it; and ought not to suffer for his default, which he could not remedy. Hereupon instead of accepting his answer, this order was made against him, and Doctor Bastwick to take them both pro confesso for their contempt in not answering, and to appoint a day for hearing the Cause. In Camera Stellata coram Concilio ibidem, 19o. die Maii, An. Decimo tertio Car. Reg. Upon information this day to this honourable Court, by Sir John banks Knight, his majesty's attorney general, that he hath exhibited an information into this Court against John Bastwick Doctor of physic, William Prynne Gentleman, and others defendants, for framing, Printing and publishing several libellous and seditious Books; and that upon the said defendants Bastwick and Prynne's * Note. contemptuous refusal to answer the said Information, several Orders have been made to take them Pro confesso: It was humbly prayed, and accordingly thought fit and ordered by this Court, that the said cause as against them shall be heard, the first cause the first sitting of the next term, when the Information shall be read, and the matters thereof be taken against them, Pro confesso. Where you see, that the sole charge against them, and the ground of their censures was a supposed contemptuous refusal to answer, when as the Offence, and contempt was on the contrary side, in refusing to accept of their answers tendered, and ordering counsel not to sign their answers. In the mean time, Master Burton's answer signed by Master Holt, after it had lain in Court near three weeks, upon Master attorney's suggestion to the Court, the 19 of May, that it was scandalous, was* referred to the consideration of the two chief Justices, Bramston and Finch: who calling Master Holt privately unto a Chamber, before them, Judge Finch rattled and reviled him exceedingly for putting in such an answer, which he said, was the most pernicious that ever came into the Court; telling him, that he deserved to have his gown pulled over his ears for drawing it. To whom he replied, that he had been an ancient practiser in the Star-Chamber, and had drawn it according to his best understanding and wit; that all of it was only a confession, or explanation of the charge in the Bill, and a recital of Acts of Parliament; and how this could be scandalous or impertinent, it went beyond his capacity to conceive. And so without more words, these Judges resolved the answer scandalous, and ordered all the substance of it tending to Master Burton's justification and defence, to be expounded; as will appear by this their certificate. The certificate of Sr. John Bramston Knight, chief Justice of his majesty's Court of King's Bench; and Sir John Finch Lord chief Justice of his majesty's Court of common-Plees, in the cause wherein his majesty's Attorney general is plaintiff, and Henry Burton clerk, and others, defendants. ACcording to the direction of an Order of this honourable court, Dated the nineteenth day of this instant May, we have considered of the Impertinent, and scandalous matter in the said Defendants, Henry Burton's answer, And are of opinion, that * Master Holt the ancientest practisar in the Court then living, Master barton's assigned counsel was very much overseen, if all his answer but this (consisting of 40. sheets of paper at least) was scandalous and impertinent. all the said answer is Scandalous or impertinent, and fit to be expounded, except these words in the beginning thereof, viz. The said defendant by protestation, not confessing, or acknowledging, any matter or thing alleged against him, in, or by the said Information to be true, and saving ever to himself all advantage of Exception to all, & every the uncertainties and imperfections thereof: And these words in the end of the said answer, viz. This defendant to all and every such supposed unlawful Combination, Confederacies Disloyalties, Seditious, scandalous and factious libels, or other unlawful offences examinable, or censurable in this honourable Court, wherewith he is charged in, or by the said Information, answereth and saith, That he is not guilty thereof, or of any part thereof in any such manner and form as is supposed thereby; All and every which matters of answer this defendant doth aver, and is ready to prove, as this honourable Court shall award. And humbly prayeth, that all and every such errors as shall be adjudged by this honourable Court, to have been by any ignorance of his in the common-Lawes, or Statutes of this realm, or by any frailty, or infirmity of his, contrary to the loyalty of his Heart, and integrity and sincerity of his intention, and profession, may by his majesty's gracious Interpretation thereof, and by this honourable Courts favourable advice, or mediation to his majesty therein be remitted, and pardoned, and himself dismissed by the same Court. All which nevertheless we humbly submit to the grave judgement of this honourable Court. 22 May 13. Car. Regis. Jo. Arthur Dep. Upon this strange Certificate of the judge's Master Burton's answer was miserably mangled, the whole body and substance of it being quite rased, and nought but the head and feet left upon record; whereby he was made to deny that to be done by him, which he confessed and justified upon oath in his answer, as it stood before this rasure of it. Whereupon the examiner coming to Master Burton to the Fleet, where he was close prisoner, to examine him upon Interrogatories grounded on his answer, he hearing of this expungement, refused to be examined, unless his answer might be admitted as it was put in; or he permitted to put in a new answer; he disclaiming this answer to be his, since altered in all the material points tending to his justification and defence, and turned from a special, to a general not-guilty, necessarily involving him in the danger of perjury: Of which the Court being informed by Mr. Attorney, made this ensuing Order, to take the Bill pro confesso against him, only for not answering Interrogatories; a thing never heard of before in that Court, when there was an answer admitted. In Camera Stellata coram Concilio Ibidem, secundo die Iulii. Anno decimo tertio Caroli Regis. UPon information this day, to this honourable Court, by his majesty's Attorney general, that Henry Burton Clarke defendant at his suit, being served with process, stood forth process of contempt, and would not be drawn to answer, until several orders were made, that the matters of the Information should be taken against them as Pro confesso, unless he did answer the said information by the times limited by the said Order, and at length he did put in an answer stuffed with impertinent, scandalous matters, which upon a reference to the two Lords chief Justices is since expunged, and Interrogatories are exhibited into Court for examination of the said defendant, and the examiner, as appears by his certificate now read, hath been with him to take his examination, but he refused to be examined, so that an attachment is awarded against him, and delivered to the Warden of the fleet, in whose custody he remains, A close pris●er; It was humbly prayed that the matter of the said Information, & Interrogatories may be taken against him Pro confesso. Upon consideration whereof the Court hath ordered, that the examiner do go again unto him, and if he shall not thereupon by this day seven-night answer the said Interrogatories, they shall be taken against him, Pro confesso, as is desired. Jo. Arthur. Dep. AFter this Order, the examiner repaired again to Master Burton, who upon his former grounds, (because he had no answer in Court of his own or his counsels, but only of the Judges making, which he disclaimed for his, and because his answer to the Interrogatories would contradict the general answer of Not-guilty, which the Judges had now made out of his special Not-guilty;) refused to be examined; and so though his answer were in Court as the Judges altered it, yet for not answering to Interrogatories framed on it as it stood before its expungement, the Information was taken against him Pro confesso, and this order made at a prirate seal out of term, to bring the cause to hearing upon one days' warning only given to the Defendants, when as by the course of the Court, a Subpaena ad audiendum judicium should have been served on them, and 15 days' warning at least given them before the day of hearing. Apud Aedes Domini Custodis magni Sigilli Angliae, de cimo tertio die Junii, Anno decimo tertio Caroli Regis. IT is this day ordered by the right honourable the Lord Keeper, that John Bastwick. Doctor in physic, Henry Burton, &c. William Prynne Gentlemen defendants at the suit of his majesty's attorney general, shall have liberty with their keepers to attend their council, and to appear at the bar of this Court on wednesday the 14. of this instant month, when the cause is appointed to be heard. Jo. Arthur Dep. THese prisoners having this liberty granted them just the day before the hearing, Master Prynne thereupon repaired with his answer (formerly drawn up and engrossed by Master Holt) to Master Tomlins another of his counsel, newly returned out of the Country the evening before; and having got him to sign this engrossed answer, he goeth therewith to Master Holt, desiring him likewise to subscribe it according to promise; who refused to do it now as he had done before, protesting, that he durst not for an 100 pieces sign it, because he had received an express command to the contrary. Whereupon Master Prynne caries it signed with Master Tomlins hand to the Star-Chamber Office, where he tendered it to Master Goad, together with another longer answer signed with his own hand, and an Affidavit, that he could not possibly procure his counsel's hand to his answer before that time; But Master Goad advising with his deputy▪ refused to receive either the answers or Affidavit, though earnestly pressed to it by Master Prynne: who thereupon returned with his answers to the Tower; and prepared himself for the hearing the next morning, resolving, that since he was thus fore judged, and taken pro confesso, upon a mere false pretence of a contempt in refusing to answer, to speak nothing, but what the Court should give him occasion when he appeared at the bar; Doctor Bastwick, and Master Burton taking up the like resolution; because they were certainly informed, that whatever they spoke, their sentence was already determined, and set down in writing before the hearing came, all being thus taken pro confesso as you have heard and seen by the former orders. Thus I have given you a faithful relation of the proceedings in this cause before the hearing, out of the Orders and Records of the Star-Chamber, the legality whereof you shall find discussed in the close of this Treatise; Now before I come to the day of hearing, give me leave to acquaint you only with one particular touching Master Holt, he being sharply checked and terrified for drawing and signing Master Burton's answer, and charged not to sign Master Prinnes answer when he had drawn it, as you have heard before, was much troubled at it; and being in Court at the hearing the next day, he offered two or three times to speak something in defence of Master Burton's cause; which the then Lord Keeper perceiving, beckoned and held up his finger to him to hold his peace, whereupon he kept silence. And coming home to his house, as soon as the sentence was passed, his wife inquiring of him how the cause went; he broke out into these speeches. O wife, I never saw a just cause, so unjustly carried, which I could have defended by Scripture against all the World. I had a great desire to speak in the cause for my client, but my Lord Keeper beckoned and held up his finger to me▪ to hold my peace: And the poor Gentlemen have received the most unjust, and hardest censure, that ever I heard in that Court. For my own part, I gave over my practice in other Courts, and be took myself wholly to this Court to enjoy the liberty of my conscience, thinking to find nothing but justice, and just proceedings there: But now alas i find things so carried there, that for this days work sake, I desire never to come more to that bar, i desire of God, that this may be the last cause that ever I may plead in that Court, which hath partly miscarried through my default (as I am afraid most will judge) though I durst not do otherwise, being so checked and threatened. This said, he continued sad, and soon after falling sick for conceit only of the miscarriage of this cause (as his wife & friends believed) he died; never going to the Star-Chamber after this sentence: the proceedings and passages whereof, I shall next relate.