The 1640 humbe peticion of Thomas Brewer

Date: 26 Nov 1640 to 28 Nov 1640
Location: England
Surname/tag: Brewer

Thomas Brewer, prisoner in the Kings Bench. HL/PO/JO/10/1/43 (1640)

To the right honourable the lords of the upper howse of Parliament

The humbe peticion of Thomas Brewer gentleman close prisoner in the Kinges Bench.

Sheweth

1 That the petitioner was anno domini 1626 October 18vo imprisoned by the prelates and their secound court day after fyned 1000 pounds, and condemned to be close imprisoned till he at Paules Crosse should recant his legall, loyall, reasonable, and seasonable saying that because the prelats did not derive their offices from his majestie as they ought, therfore he durst not partake with them nor the derivers of their offices from them in the proper workes of their offices.

2 That that fyne and imprisonment hath been extended without mittigacion to all extremity in their power to the neare ruyning of his life and lively hood ever since, only for the said saying on a due occasion by their long labored project with hope of releife but by Parliament which is the summe of what ensueth

3 That that saying was legall, by the law of God and by many statutes and the comon law, and that their so fyning imprisoning and extream pressures weare illegall, the petitioner is ready to prove, and also that they professe, that their illegall derivacion; in their treatise of consecracion of bishopps pag 10 to 140

4 That yt was loyall is manyfest by King James his approbacion of that the petitioners saying anno domini 1618, on neare the like occasion, and by his proteccion of him all his raigne after, and by his now majesties seconding of the same upon his owne notice and other sufficient testemony therof at the petitioners first imprisonment, who therfore charged the mocion therof (being of his majesties bedchamber) to see the petitioner freed, since he was for his supremacy and the lawes for yt, though all was frustrat by the privat endeavours with him, of the now cheife prelat, who, and his like and instrumentes have to their utmost prosecuted the petitioner ever since, both by stopping all legall courses of judicature in the Common Pleas, and the Kinges Bench, and in all appeales to his majestie and by agravating his imprisonment with laying the said fyne on his body, besides the extent of his goodes, and his landes rated by the jury at 140 pounds per annum and many other extream wayes above these 14 yeares, especially these 5 yeares close imprisonment, though the former were reversed by the Comon Pleas, and though he was not of any illegall religion nor behaviour

5 That yt was also reasonable is apparant by the great penalties on the breakers of those statutes, that is of treason in the derivers of their ecclesiastical offices from the see of Rome, and felony in the partakers with them, and premunire in the not derivers of their offices from the King this their derivacion of their offices from Rome being confessed and professed by themselves in their treatice of the consecracion of bishopps liber 1o chapter 2to liber 3o chapter 8vo pag 8 to 140, dedicated to the then Archbishopp of Canterbury and printed by the Kinges printer anno domini 1613 and not yet revoked, but much dignified by its inlarging and publishing in Latyne anno domini 1626 and by the constant profession of all the prelates in their own courtes and in the Starchamber, and in all their courses ever since.

6 That yt was also the more reasonable and seasonable by their betraying instrumentes Sir Nathaniell Brent his protesting that yt should be for the petitioners great good to insist upon his said former saying to King James which therfore the petitioner did. But yt hath been ever since extended to the contrary with all extremity in their and his power in all kind of distresses abovesaid, and also to the interrupcion of the petitioners dealinges and leaving 2000 pounds debtes eating on his landes ever since

7 That your petitioner having endevored by all due and requisit waies and meanes for a legall hearing of his good cause and bad case for yt, hath been alwaies delayed or denyed the course of justice, and the legall liberty of the prison, and hath no hope therof but by this most honourable howse, to whom he is ready to aver and prove the premisses

May yt therfore please your lordshipps to vouchsafe a hearing of your petitioners cause in the premises, and to grant him his liberty to instruct his councell and prepare his profes and to comaund the register of the ecclesiastical commission to bring his bookes to shew the cause of the petitioners comitment and fine of 1000 pounds, or to accompt theis long, many and great sufferinges sufficient for this [his?] fault (yf any) for which in all the 65 yeares of his age he hath been censured.

And your petitioner shall pray etc.

November 26 1640

Thomas Brewer

28 November 1640 ordered to bee discharged

28 November 1640

Thomas Brewer discharged

Exped

Recepta xxvio die Novembris 1640. Lecta eodem die.

Source

• "Petitions to the House of Lords: 1640"; webcontent, British History Online