law and liberty of the subject. 3. That John | satisfaction for the damages sustained by his Wragg hath offended in searching and seizing imprisonment." the Books and Papers of Mr. Burton, by colour of a general warrant dormant from the High Commissioners, and that the said warrant is against Law and the Liberty of the Subject; and that serjeant Dendy and alderman Abell have offended in breaking open the house of Mr. Burton, and ought respectively to make him reparations for the same. 4. That Mr. Burton ought to have reparation and recompence for damages sustained by the aforesaid proceedings from Dr. Duck, &c. 5. That the Warrant from the Council-Board, dated at Whitehall, Feb. 2, 1636, for the committing Mr. Burton close prisoner, and the commitment thereupon, is illegal, and contrary to the liberty of the subject. 6. That the archbishop of Canterbury, bishop of London, and the earl of Arundel, the earl of Pembroke, sir Henry Vane, secretary Cooke, and secretary Windebank, do make reparation to Mr. Burton for his damages sustained by his imprisonment."

As to Mr. Prynn;

"The Sentence of the Court," says Kennet, "was a Fine of 5,000l. upon each delinquent to the king, with pillory and loss of ears, and the very remainder of ears: after which suffering, they were committed close prisoners, one to the castle of Lanceston in Cornwal, another to the castle of Lancaster, and a third to Carnarvon castle in Wales; from whence they were afterward removed to remote islands, and no access of friends allowed to them. And here, though the insolence of these men was very great, their punishment was thought ex tremely to exceed it. Some moderate penalties might have left them under the neglect of being bold and imprudent writers. But these terrible blows upon them, raised them in the eyes of the people into the reputation of 'sufferers and confessors for the best of causes, Religion, Liberty, and Property. The lord Clarendon delivers a wise and true opinion of these men, and their prosecution. • They 'were three persons most notorious for their 'declared malice against the government of the church by bishops, in their several Books and Writings, which they had published to corrupt the people, with circumstances very 'scandalous, and in language very scurrilous and impudent; which all men thought deserved very exemplary punishment: they were of the three several professions which had the 'most influence upon the people, a divine, a 'common lawyer, and a doctor of physic; 'none of them of interest, or any esteem with the worthy part of their several professions, having been formerly all looked upon under characters of reproach: yet when they were all sentenced, and for the execution of that Sentence brought out to be punished as common and signal rogues, exposed upon scaffolds to have their ears cut off, and their

1. Resolved, "That the Sentence given against Mr. Prynn in the Star-Chamber, February 17, 9 Car. is illegal, and given without just cause, and ought to be reversed; and that Mr. Prynn ought to be discharged of the fine of 5,000l. imposed by the said Sentence, and of all extents thereupon, and of his imprisonment decreed by that Sentence. 2. That Mr. Prynn ought to be restored to his degrees in the University of Oxford, and to the society of Lincoln's-Inn, and to the exercise of his profession of an Utter Barrister at law, and to his chamber again at Lincoln's-Ion. 3. That Mr. Prynn ought to have reparation for such damages and prejudice as he hath sustained by the said Sentence and proceedings. 4. That the Sentence given against Mr. Prynn in the Star-Chamber, 14 Junii 1637, 13 Car. is illegal, and given with-faces and foreheads branded with hot irons out any just cause, and therefore ought to be reversed; and that he ought to be discharged of the fine and imprisonment thereby decreed, and that he ought to have reparation and recompence for the damages sustained by that Sentence, and the execution thereof.That the Warrant dated 27 Aug. 13 Car. for the transportation of Mr. Prynn from Caernarvon-Castle to the isle of Jersey, and his imprisonment there, and other restraints therein mentioned,grees, and quality, would have secured them are against the law and liberty of the subject, and that he ought to be discharged of that im-up wrath for the time to come.' prisonment, and to have reparations for his da- Lord Clarendon says, "There cannot be a mages sustained thereby. 5. That the Impri- better instance of the unruly and mutinous sonment of Mr. Prynn, by a warrant dated the spirit of the city of London, which was then 1st of Feb. 1632, under the hands of Thomas the sink of all the ill-humours of the kingdom, lord Coventry, Lord Keeper of the Great Seal than the triumphant entry which some persons of England, Richard lord archbishop of York, at that time made into London, who had been Henry earl of Manchester, Edward earl of before seen upon pillories, and stigmatized as Dorset, Henry lord viscount Falkland, William | libellous and infamous offenders: of which lord bishop of London, Edward lord New-classes of men scarce any age can afford the burgh, and sir Thomas Jermin, is unjust and like. There bad been three persons of several illegal, and that they ought to give Mr. Prynn professions some years before censured in the

(as the poorest and most mechanic malefactors used to be, when they were not able to redeem themselves by any fine for their trespasses, or to satisfy any damages for the scandals they had raised against the good name and reputation of others) men begun no 'more to consider their manners, but the men; and each profession, with anger and indignation enough, thought their education, and de

from such infamous judgments, and treasured

blasted and traduced; which was faithfully dispersed by their proselytes in the city. The authors were quickly and easily known, and had indeed too much ingenuity to deny it; and were thereupon brought together to the StarChamber ore tenus; where they behaved themselves with marvellous insolence; with full confidence demanding that the bishops who sate in the court, being only the archbishop of 'Canterbury, and the bishop of London, might not be present, because they were enemies, so parties' which, how scandalous and ridiculous soever it seemed then there, was good logic and good law two years after in Scotland, and served to banish the bishops of that kingdom both from the Council-table and the assembly. Upon a very patient and solemn hearing, in as full a court as ever I saw in that place, without any difference in opinion or dissenting voice, they were all three censured as scandalous, seditious, and infamous persons, 'to lose their ears in the pillory, and to be im

Star-chamber, William Prynn a barrister of Lincoln's-inn, John Bastwick a doctor of physic, and Henry Burton a minister and lecturer of London.-The first, not unlearned in the profession of the law, as far as learning is acquired by the mere reading of books; but being a person of great industry, had spent more time in reading divinity; and which marred that divinity, in the conversation of factious and hot-headed divines: and so, by a mixture of all three, with the rudeness and arrogance of his own nature, had contracted a proud and venomous dislike to the discipline of the Church of England; and so by degrees, as the progress is very natural, an equal irreverence to the government of the state too; both which he vented in several absurd, petulant, and supercilious discourses in print.-The second, a half-witted, crack-brained fellow, unknown to either university, or the college of physicians; but one that had spent his time abroad, between the schools and the camp, for he had been in or passed through armies, and had gotten a doc-prisoned in several jails during the king's pleatorship, and Latin; with which, in a very flowing style, with some wit and much malice, he inveighed against the prelates of the church in a book which he printed in Holland, and industriously dispersed in Loudon, and through out the kingdom; having presumed, as their modesty is always equal to their obedience, to dedicate it to the sacred majesty of the king.' -The third had formerly a kind of relation by service to the king; having, before he took orders, waited as closet-keeper, and so attended at canonical hours with the books of devotion upon his majesty when he was prince of Wales; and a little before the death of king James took orders: and so his highness coming shortly to be king, the vapours of ambition faming into his head that he was still to keep his place, he would not think of less than being clerk of the closet to the new king, which place his majesty conferred upon, or rather continued in, the bishop of Durham, Dr. Neyl, who had long served king James there. Mr. Burton thus disappointed, and, as he called it, despoiled of his right, would not, in the greatness of his heart, sit down by the affront; but committed two or three such weak, saucy indiscretions, as caused an inhibition to be sent him, that he 'should not presume to come any more to court and from that time he resolved to revenge himself of the bishop of Durham, upon the whole order; and so turned lecturer and preached against them; being endued with malice and boldness, instead of learning and any tolerable parts.

"These three persons having been for several follies and libelling humours, first gently reprebended; and after, for their incorrigibleness, more severely censured and imprisoned; found some means in prison of correspondence, which was not before known to be between them; and to combine themselves, in a more pestilent and seditious Libel than they had ever before vented; in which the honour of the king, queen, counsellors, and bishops, was with equal licence

|

|

sure all which was executed with rigour and severity enough. But yet their itch of libelling still broke out, and their friends of the city found a line of communication with them. Hereupon the wisdom of the state thought fit, that those infectious sores should breath out their corruption in some air more remote from that catching city, and less liable to the contagion: and so, by an order of the lords of the council, Mr. Prynn was sent to a castle in the island of Jersey; Dr. Bastwick to Scilly; and Mr. Burton to Guernsey; where they remained unconsidered, and truly I think unpitied, for they were men of no virtue or merit, for the space of two years, till the beginning of this present parliament.

Shortly upon that, Petitions were presented by their wives or friends, to the house of commons, expressing their heavy censures and long sufferings; and desiring, by way of appeal, that the justice and rigour of that 'sentence might be reviewed and considered; and that their persons might be brought from those remote and desolate places to London, that so they might be able to facilitate or 'attend their own business.' The sending for them out of prison (which was the main) took up much consideration for though very many who had no kindness, had yet compassion for the men; thinking they had suffered enough; and that though they were scurvy fellows, they had been scurvily used: and others, had not only affection to their persons as having suffered for a common cause; but were concerned to revive and improve their useful faculties of libelling and reviling authority; and to make those ebullitions of their malice not thought noisom to the state: yet a Sentence of a supreme court, the Star-Chamber (of which they had not yet spoke with irreverence) was not lightly to be blown off: but, when they were informed, and had considered, that by that Sentence the petitioners were condemned to some prisons in London; and were afterward

6

removed thence by an order of the lords of the | about two of the clock in the afternoon, in at council; they looked upon that order as a vio- Charing-cross, and carried into the city by lation of the Sentence: and so made no scruple above ten thousand persons, with boughs and to order That the prisoners should be re-flowers in their hands; the common people 'moved from those foreign prisons, to the strewing flowers and herbs in the way as they places to which they were regularly first com- passed, making great noise, and expressions of 'mitted.' And to that purpose, warrants were joy for their deliverance and return; and in signed by the Speaker, to the governors and those acclamations, mingling loud and virulent captains of the several castles, to bring them exclamations against the bishops, who had so in safe custody to London :' which were sent cruelly prosecuted such godly men.' In the with all possible expedition. same manner, within five or six days after, and in like triumph, Dr. Bastwick returned from Scilly; landing at Dover; and from thence bringing the same testimonies of the affections and zeal of Kent, as the others had done from Hampshire and Surrey, was met before he came to Southwark by the good people of London, and so conducted to his lodging likewise in the city." 1 Clarendon, 199.

"Prynn and Burton being neighbours (though in distinct islands) landed at the same time at Southampton; where they were received and entertained with extraordinary demonstrations of affection and esteem; attended by a marvellous conflux of company; and their charges not only borne with great magnificence, but liberal presents given to them. And this method and ceremony kept them company all their journey, great herds of people meeting them at their entrance into all towns, and waiting upon them out with wonderful acclamations of joy. When they came near to London, multitudes of people of several conditions, some on horseback, others on foot, met them some miles from the town; very many having been a day's journey; and they were brought,

By the Habeas Corpus Act, 31 Car. 2, § 12, it is enacted, That no subject of the realm, inhabitant or resiant of England, Wales, or Berwick upon Tweed, shall be sent prisoner to Scotland, Ireland, Jersey, Guernsey, &c. or other place beyond the seas, under heavy penalties upon all persons concerned in contriving such commitment, or transportation.

146. Proceedings in the Star-Chamber against Dr. JoHN WILLIAMS, Bishop of Lincoln, for publishing false News and Tales to the Scandal of his Majesty's Government; for revealing Counsels of State contrary to his Oath of a Privy Counsellor; and for tampering with the King's Witnesses: 13 & 14 CHARLES I. A. D. 1637. [2 Rushw. Coll. 416. 803.]

Sir John Banks knight, his Majesty's Attorney- Lords of his majesty's Privy-Council, and comrusal of certain Examinations taken by the General, Plaintiff, the right reverend Father manded by them to be kept secret from the in God, John Lord Bishop of Lincoln, Wal- view of all men, to the end unlawfully and corter Walker, Tho. Lund, Cadwalader Powel, ruptly to procure Witnesses, directions and inRichard Williams, William Catlin clerk, structions for Witnesses to make Proofs to conEd. Lake, Jo. Mosteyn, and George Wal-tradict and weaken the said Examinations: and ker, Defendants. PRIGEON'S credit coming in question, being a material Witness for the Bishop of Lincoln, the king's Attorney-General let fall the first Bill, fearing a defect of testimony, and preferred a second Bill against the bishop for tampering with the king's witnesses,' and upon that account the Cause came on the 11th of July, 1637, which held nine days debate in hearing; and great was the concourse of people every day to the court of Star-Chamber to hear this great Cause, the Bishop being at that time much pitied by the people, who then cast out speeches that that Bishop was prosecuted because the state wanted Money to go to war against the Scots, and that it was fit he should bleed in his purse by the Censure of the court of Star-Chamber to pay a round fine to the king

for practising and corruptly tampering with Witnesses to retract their former Testimonies, and to vary from the same upon their second Examination: And for tampering with, and soliciting other Witnesses, produced, and to be examined for his majesty, not to depose against the said Lord Bishop, but to conceal their knowledge, and say they did not remember; and for Perjury in an Affidavit made by the Defendant Catlin in this Court, and subornation thereof: And for other offences, as by the said Complainant's Information more at large it doth and may appear.

Upon full and deliberate hearing whereof it plainly and evidently appeared to this honourable Court, that there being another Cause for merly depending in this court, between his majesty's Attorney-General Plaintiff, and the sud of 10 or 12,000l. Lord Bishop of Lincoln Defendant, for publishThe Information doth charge the said Bishoping false News and Tales, to the scandal of ins with a practice unduly to gain the sight and pe- majesty's Government, and for revealing of

YOL. III.

3 D

General, his Reply in the Case against the
Bishop of Lincoln.

May it please your lordships; Your lord

Counsels of State contrary to his oath of a pri-Sir John Banks knight, his Majesty's Attorneyvy-counsellor; one John Prigeon, gent. was in that cause examined as a Witness for the Defendant, and by an Order made in Hillary Term 10 Car. regis, liberty was given to the Plaintiff to examine the credit of the said Pri-ships have heard a Defence made by the Degeon upon certain Exceptions, which were delivered into this court: And liberty given to the Defendant also to examine Witnesses to uphold and maintain his credit; in one of which Exceptions was, amongst other things, contained, That the said Prigeon being by one Elizabeth Hodgson, upon her oath, accused to have begotten a bastard child on her body: And being by the two next justices of the peace adjudged the reputed father; and appealing from them to the next Quarter-sessions held in the 9th year of his majesty's reign; to mislead the court of Quarter-sessions, and to free himself from that accusation, did at several times, and by several persons and means, after he was so accused, labour to corrupt the said Elizabeth Hodgson, and for money to procure her to lay the said bastard child on some other father, and to swear that some other, and not the said Prigeon, had begotten the said bastard; and that he did labour some Witnesses that could have testified against him, touching the said bastard, at the said Quarter-sessions, to suppress their Testimonies, and drew or endeavoured to draw others to equivocate upon their oaths, when they did appear.

Mr. Gardiner, Recorder of London, made a long and witty defence for the Bishop for several days together, much of which is repeated by some of the lords in their Speeches, which, for brevity sake, we omit; referring the reader to those repetitions which some of the lords do make of the Defence.

fendant's counsel, that consists more of observation than of proof, and in examination of his Defence, I shall make it appear plainly, that they very much fail in their own observations. In their observations they have been curious in distinction of times, place, and other circumstances, to descant upon the particulars of witnesses, and men that were no parties to the suit; but for the main substantial parts of the Defence they have omitted. I shall desire to observe to your lordships, that, with a great scandal on his majesty's Proceedings in this Court, they have told you stories and tales that should be ground of this suit, viz. That it was through malice and hatred between sir John Mounson, Mr. Amcocks, and Prigeon; whereas it shall appear unto your lordships, that the suit was upon most just grounds, for the vindicating of public justice, and that sir John Mounson hath done nothing in this Cause, but according to the duty of his place, and clearing his own reputation. It will be necessary, since these things have been stirred, not for your lordships information, who knows it well, but for the satisfaction of the world, to clear and justify his majesty's proceedings, that I give you some information of the true ground of this suit, and of the necessity of it.

Michaelmas 4 Car. an Information was exhibited against my Lord Bishop by my predecessor, and that was for the contriving and publishing divers false Tales and News, to the scandal of his majesty's Government, and for As to the first Bill depending against the bi- revealing some things contrary to the duty of shop of Lincoln in the court of Star-Chamber, his place, and oath, as a Privy-Counsellor. it was occasioned by the Examinations taken This Cause came to issue, and in the examinaby some of the privy-council, of sir John Lamb, tion of Witnesses, another issue happened, a and Dr. Sibthorp, who, amongst divers other collateral matter by itself touching the credit tings, testified against the bishop of Lincoln, of Prigeon: Upon examination of this it fell that the said bishop did give them great dis-out, (which we could not discover before publicouragement in their proceedings in the Ecclesiastical Courts against the Puritans; and that the Bishop asked sir John Lamb, what kind of people those Puritans were of whom he complained, and whether they did pay the LoanMoney? to which sir John replied, They did conform upon that account, and paid their money; but nevertheless they were Puritans, not conformable to the Church: to which the bishop replied, If they pay their monies so readily to the king, the Puritans are the king's best subjects, and I am sure, said the Bishop, the Puritans will carry all at last. These Examinations were sealed up, and Mr. Trumbel, clerk of the council, was required to keep them secret, and permit none to see them; but a discovery thereof was made to the Bishop, which, amongst other matters of state, was the occasion of the first Bill in this court against the Bishop, as the Information did set forth.

cation in the first Cause) that there had been such tampering, seducing, and labouring of the king's Witnesses, as never was in any cause: There hath been such preparations, such instructions, such limitations to his own Witnesses, to direct them how far they should swear, to what to give answer, and to what not. My lords, these proceedings, if they might be suffered, tend totally to the subversion of all justice: for the proceedings in this Court, as in all other courts, is by examination of Witnesses returned in parchment, not viva voce ; therefore if any be instructed what to swear to, and it so returned in writing, whether through threats, or for fear, or favour, or affection, it is impossible you should give a just Sentence, though you in end it never so clear. My lords, this appearing after publication in the first Cause, it was time, for example sake, to bring this Cause and these Misdemeanors to a publie Sentence, to be a terror to all others for the

like. So as, my lords, this Cause is not ground-ing this bastard-child; for suppose a man had a ed upon the fabulous story between sir Jo. Mounson, Mr. Amcocks, and Prigeon, but upon these just grounds and proceedings; and herein we have great cause to bless God, and magnify his majesty's justice, that we live not under a cobweb-law, that taketh small flies, and lets great ones pass. This presence doth tell us, that honourable persons who do deserve well have his majesty's favour, and their own merits do receive a double honour; and this person, how great soever, if he deserve ill, he must receive a sentence according to his just demerit.