Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	court_n	judgement_n	1,563	5	5.9494	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70870	A new discovery of the prelates tyranny in their late prosecutions of Mr. William Pryn, an eminent Lawyer, Dr. Iohn Bastwick, a learned physitian and Mr. Henry Burton, a reverent divine wherein the separate and joynt proceedings against them in the high commission and Star Chamber their petitions, speeches, cariages at the hearing and execution of their last sentences	Prynne, William, 1600-1669.; Bastwick, John, 1593-1654.; Burton, Henry, 1578-1648.; England and Wales. Parliament. House of Commons.	1641 (1641)	Wing P4018; ESTC R13582	25,214	51

respect of the quality of his cause the greatnesse of the persons whom it concernes the diversity of his councells opinions and the difficulty of procuring his councell to repaire to him to the Tower during the Terme to advise him he having no meanes to reward them according to their paines and for other reasons mentioned in his Affidavit is utterly disabled to performe the sayd Order to put in any answer without great prejudice both to himselfe and his cause which much concernes both the King his Crowne 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 presidents in this Honorable Court to grant him liberty to put in his answer by the sayd day under his owne hand he having beene a Barrester at law and not under his councells who refuse to doe it out of feare and cowardise being more fearfull of the Prelates then of God the King his Crowne and dignity and also for the causes hereunto annexed which he in all humility submits to your Lordships wisdomes and Iustice 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 honorable Court ought in point of law and Justice to admit his answer under his own hand without his councells which he cannot procure FIrst because there are many late presidents in this Court wherein divers defendants answers have been admitted without the hands of councell in cases where no councell would set their hands to them as Close and Doctor Laytons cases with many others and but one president only against it which being ancient singular upon a speciall reason in case of a Woman not of a man much lesse of a Lawyer and in a farre different case from this defendants ought not as he humbly conceaveth to overballance the presidents for him Secondly because upon an Ore-tenus and Interrogatories in this Court in many cases before his Majesty and the Lords at the councell-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 owne answers and defence without counsell if they please and in some cases are denied Counsell Thirdly because counsell who were not ab initio but came in long after causes both in this honorable Court and elsewhere are allowed and assigned not out of necessity but favour onely for the helpe 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 councell differ in the substance of their answers or where councell advise them to their prejudice either out of feare ignorance or otherwise else it would lie in councells power both to prejudice and betray their causes and make them lyable to censure though innocent Fourthly because every answer in the eye of the law is the defendants only though signed by his councell for formes sake he onely is summoned to make answer he onely is to sweare it and he not his councell is to undergoe the hazard of it therefore he alone in point of law and Justice is onely bound of necessity to signe it not his Councell Fiftly because else there would be a fayler of Justice in many Cases through the want feare neglect ignorance diversity of opinion or treacher of councell for if one be peremptorily enjoyned to put in an answer by a day as this defendant now is and counsell neglect refuse delay or feare to doe 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 legall conviction which were injury and injustice in the highest degree Sixtly because the very law of nature teacheth every Creature but man especially to defend preserve and make answer for himselfe either when the party accused cannot procure others to doe it or can doe it better then others will can or dare doe himselfe But in the present Case this defendant cannot procure his councell to make such an answer as his cause requireth which resting upon bookes matters of Divinity and on other points wherein his counsell have but little skill all which he must justify in his answer he is better able to make his answer and defence thereto then his counsell can will or dare to doe in case they were willing to undertake it which now they utterly deny and refuse onely out of feare and cowardize as aforesaid and therefore ought as he humbly conceiveth to be permitted to doe it both in point of Law and Justice Seventhly because God and Christ the supream Judges of the World and patternes of all Justice both here on Earth have and at the generall day of judgement when all men shall appeare before their dreadfull tribunalls wil allow every man to make his owne personall answer and defence without counsel or proxie much more then should every inferiour Judge and Terrene Court of Justice doe it if the party desire it and others will not dare not doe it Eightly because by the judiciall Law among the Iewes every man was to make his owne defence neither did their Law judge any man before it heard him and knew what hee did Iohn 7. 51. And by the civill Law even among the Pagan Romans it was not the manner to condemne any man before that hee who was accused had the accusers face to face and had Licence to answer for himselfe concerning the crime layd against him Acts 25. 16. If then the Lawes amongst Iewes and Pagans gave every defendant leave thus to make answer for himselfe and never condemned any as guilty for not answering by counsell as appeares 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 Lawes and Justice of this Christian Common-Wealth and this honorable Court hee 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 owne hand onely without his counsells who refuse to advise or direct him else our Christian Lawes and Courts of Justice might seeme to be more unreasonable then the Iewes or Pagan Roman Lawes and tribunalls which God forbid any man should imagine Ninthly because S. Paul when he was slandered accused by Ananias the Iewes high-Priest with the Elders and Tertullus their Orator to be a pestilent fellow a mover of sedition among the Iewes throughout the World and a ring-leader amongst the Sect of the

Nazarens and that severall 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 speake for himselfe to the full to justifie and cleare his innocency without any counsell assigned Act. 24 25 26. neither did nor could the Iewish high-Priest except against it This defendant therefore being now accused in this honorable Court of the like crimes by some English Prelates and high-Priests instigation hopes to enjoy the selfe same priviledge and freedome before so many honorable Lords and Christian Judges which Paul did before these Pagans And hee supposeth his said adversaries will not be against it unlesse they will be thought to feare and decline the defendants answer as guilty persons who dare not admit their actions to be scanned in so honorable a Court or men unwilling to have this defendant cleare his owne Innocency or else be deemed more unreasonable then Ananias himselfe especially in this defendants particular case who having beene a Barrester and counseller at the Law formerly admitted even in this honorable Court to put in answers under his owne hand in other mens cases cannot but hope and presume to obtaine the like Justice and favour from it now in his owne cause being thereto necessitated through his counsels feare and deserting of him for the premised reasons which he in all humility submits to this honorable Court Upon the reading hereof in open Court and of a like petition from Doctor Bastwick to put in his answer under his owne hand since his counsell refused to signe it the Court ordered the same day that they should put in their answers by munday next under counsels hand or else be then taken Pro confesso denying them liberty to answer under their owne hands Hereupon Doctor Bastwick when no counsell would signe his answer tendered it at the Star-Chamber office under his owne hand and there left it and Master Burton having his answer drawne engrossed and signed by his assigned counsell Master Holt who afterwards withdrew his hand because his other counsell would not subscribe it out of feare to displease the Prelates tendered it to the Court desiring it might be accepted or Master Holt ordered to new signe 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. VVHereas by severall orders of this Court Iohn Bastwick Doctor in Physick and Henry Burton clerke defendants at the suite of his Majesties Attorney Generall plaintife were ordered to put in their answers under counsells hand by Munday 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 bee drawne to put in any answer under the hand of his Counsell but hath throwne into Master Goads Chamber the deputie Clarke of this Court five skins and a halfe of parchment close written with his owne hand subscribed therunto wherein as is alledged 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 shal be taken against him Pro confesso And that his Majesties attorney Generall doe take into his custody and consideration the said severall skins of parchment subsigned as aforesaid for such farther order to be therein had and taken as to Iustice shall appertaine And for as much as the Court was now informed that the defendant Burton hath caused his answer to be drawne by counsell and ingrossed and would have put it in if his counsell who drew the same or any other of his counsell would have set their hands thereunto The Court therefore did forbeare 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 repaire 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 owne hand in default of councell and Mister Prynne much grieved that he could neither gaine 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 Honorable the temporall Lords of his Majesties high Court of Star-Chamber The humble petition of William Prynne prisoner in the Tower IN all humblenesse sheweth That the petitioner ever since his appearance to the Information exhibited against him hath beene denyed the liberty of Pen Jnke or Paper at his Chamber to draw up his answer or instructions for his counsell That his servant who should solicit his businesse coppy and engrosse his answer hath for a moneths space beene kept close prisoner from him in a Messengers hands by his chiefe 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 beene restrayned from him and himselfe ever since the day before the Terme prohibited all accesse to his counsell granted to his Codefendants who without any neglect or default in the petitioner for reasons best knowne to themselves refuse to repaire to him or to undertake any thing in his cause which they have all quite deserted By meanes whereof the Petitioner though ever desirous to answer and submit to the Orders of this Honorable Court neither hath nor possibly could put in his answer under his counsells hands according to the last orders which disabling him to draw up his owne answer and requiring meere impossibilities of him beyond his power to effect his counsells hands and wills being not at his command much lesse their consciences and judgements hee hopeth neither shall nor ought in point of Law or equity to be so farre obligatory and penall to him as to make him culpable of all the charges in the Information without any proofe on his Prosecutors part or default and contempt on his owne Since by such away of proceeding of very dangerous consequence and example scarce parallell'd in any age the most innocent person may be betrayed and condemned as nocent of any crimes whatsoever falsly charged against him without any neglect or guilt in him through the unfaythfullnesse wilfullnesse feare corruption or default of counsell and especially in the case of powerfull and malicious opposites He therefore in the midst of these his exigents and desertions of his counsell most humbly beseecheth your Lordships not to require impossibilities at his hands thus bound beyond his power to effect but so to deale with him in this case of extremity and

this pastorall But this misinformation onely exasperating the King and Queene against Master Prynne for the present and not taking effect to worke his restraint their Majesties being truly informed by others that this booke was written and printed long before this pastorall was thought of the now Archbishop thereupon caused Doctor Heylin whom Master Prynne had refuted in * that booke by the by in a point concerning Saint George to collect such passages out of the booke and digest them into severall heads as might draw Master Prynne into Question for supposed scandals therein of the King Queene State and Government of the Realme Hereupon the Doctor drawes up such Collections digested into seven heads with his owne malicious Inferences upon them not warranted by Master Prynnes Text and delivers them in writing to Secretary Co●ke and the Arch-bishop The prelate thus furnished by his minion takes Mr. Pryns booke and these collections and repaireth with them on the second Lords-Daymorning in Candlemas Tearme 1632 to Lincolns Inne to Master Noy then Kings Attourney generall and keeping him on that sacred day both from the Chappell and Sacrament which he then purposed to receive shewed him the said book and collections of some passages out of it which he said his councell 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 booke very seriously and protested that he saw nothing in it that was scandalous or censurable in Star-Chamber or any other Court of Iudicature and had thereupon commanded one of the books which Master Prynne delivered him to be put into Lincolns Inne 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 beene twenty miles out of towne that morning But being commanded hee must obey and within few dayes 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 Kings 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 restraine 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 keepe him safe prisoner in the Tower without giving free accesse to him untill 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 Yorke H. Manchestour Dorset Faukland Guil. Lond. now Canter Edward Nuburgh Iohn Cooke Tho. Germine Francis Windebanke To our loving friend Sir William Balfore Knight Lieutenant of his Majesties Tower of London BY force of this generall warrant against Law wherein no cause of co●●itment is specified Master Prynne was kept pri●●●●r in the Tower without bayle or maineprise notwithstanding his oft petitions for release absolute or upon bayle till Master Noy sending for the said Heylins collections exhibited an Information against him in the Star-Chamber for his said licensed booke the 21 of Inne following and prosecuted it so that not permitting Master Prynne to be bayled not yet so much as to repaire to his Counsell 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 Lincolns Inne disbarred and disabled ever to exercise the profession of a Barrester 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 Eares there cut off and at another time be set in the pillory in Cheap-side with a paper as aforesaid and there have his other Eare cut off and that a fire shall be made before the said pillory and the hang-man being there ready for that purpose shall publikely in disgracefull manner cast all the said bookes which could be produced to gather up which Messengers with speciall warrants were sent to bookesellers into divers Counties into the fire to be burnt as unfit to be seene by any hereafter no particular passages of the said booke on which their unparallelled sentence was grounded being so much as mentioned in the Information replication or decree as by Law they should and doubtlesse would have beene had they beene 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 concealement and not recording and though many of the Lords never dreamed of any execution of this hard judgement and the Queene 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 Prynnes wounds were yet fresh and bleeding within three dayes after his execution this Arch-prelate of Canterbury to adde more waight to his affliction against all Law and equity when there was no suite 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 seisure of the books of his study conveyed to his Taylors house in Holborne of which his spies had given him Intelligence VPon speciall consideration These are to will and require you in his Majesties name by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seale of England to us and others directed that forthwith upon the receite hereof you taking a Constable and such other assistance with you which you shall thinke meete enter into the house of Thomas Edwards dwelling in Holborne and therein and in every severall roome or place thereof or in any other house or place as well in places exempt as not exempt and that thereupon you doe 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 detaine them under safe custody and bring a true Inventory of them forthwith before us or others our colleagues His Majesties Commissioners in that behalfe appointed that thereupon they may be disposed of according to the * Law and as shall be thought meete and agreeable to Iustice willing and requiring in his Majesties name by authority aforsaid al Iustices of peace Majors Sherifes Constables Bayliffes and all other his Majesties officers and loving subjects to be ayding

necessity as your Lordships would be dealt with your selves were you which God forbid in his present condition and as you would have Christ himselfe to proceede with you at the great day of judgement when you shall all appeare before his Tribunall to give accoumpt of all your proceedings in this and all other causes Or if this be overmuch then onely to grant him such common favor and justice in this honorable Christian Court as Christ himselfe found before Pilate and Paul before Faelix Festus and Agrippa meere heathen Iudges or as every Traitor or Felon though never so vile or guilty usually claimes and enjoyes of common right in other his Majesties Courts of Justice to wit free liberty to answer for himselfe when his counsell either will not cannot or at least wise dare not doe it with the use of Pen Inke and Paper untill friday next to draw up an answer under his own hand according to the truth and weightinesse of his cause since he cannot procure his counsells 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 then this honorable Court especially in this waighty cause not to be precipitated which highly concernes his Majesties royall prerogative the state and safety of Religion and the weale of the whole Realme as he hopeth to make good in his answer and by his crosse Bill exhibited to this honorable Court against some great Prelates and their confederates under his owne and codefendants Bastwicks and Burtons hands for want of counsell who refuse to appeare 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 perill and tending onely to the maintenance of his Majesties Crowne and dignity our established Religion and the subjects liberties against the said Prelates late dangerous encrochments Innovations practises 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 bee denyed 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 reade in open Court the 12. of May the Court commanded Master Holt one of Master Prynnes counsel forth with to repaire to him to the Tower to take instructions for his answer and in the afternoone the Lieutenant of the Tower was sent for by the Prelates instigation and checked by the Lords for suffering Master Prynne to dictate such a petition and one Gardiner a Clerke belonging to the Tower who writ it from his mouth by the Lieutenants license was for this capitall offence by a warrant from the Arch-Bishop and others the same evening apprehended by a Pursevant and kept prisoner by him some 14 dayes and not released till he had put in bond to appeare before the Lords when ever he should be called after which he was hunted after by the Archbishops pursevants out of the high Commission Who upon the reading of this petition and Doctor Bastwicks made a motion in Court of purpose to prejudge the cause before it came to hearing tending highly to affront his Majesties 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 severall petitions being read in open Court presented on the behalfe of Iohn Bastwicke Doctor in Physicke and William Prynne Gent. defendants at the suite of his Majesties Attorney Generall The most reverend Father in God the Lord Archbishop of Canterbury his * Grace Informed the Court that in some of the Libellous Books and Pamphlets lately published his Grace and others the reverend Bishops of the Realme are said to have * usurped upon his Majesties prerogative Royall and to have proceeded in the High Commission and other Ecclesiasticall Courts contrary to the Lawes and Statutes of the Realme about which he prayed the Iudges might be attended and they prayed and required by this Court to certifie their opinions therein upon consideration whereof the Court hath ordered that the two Lords cheife Iustices now present in Court the Lord cheife Baron and the rest of the Iudges and Barons shall be attended by his Majesties learned * Councell touching the Particulars hereafter ensuing viz. Whether proces may not issue out of the Ecclesiasticall Court in the names of the Bishops Whether a patent under the great Seale be necessary for the keeping of Ecclesiasticall Courts and inabling of citations suspensions and excommunications and other censures of the Church and whether the Citations ought to be in the Kings name and under his Seale of armes and the like for Institutions and Inductions to benefices and corrections of Ecclesiasticall offences Whether Bishops Arch-deacons and other Ecclesiasticall persons may or ought to keepe any Visitation at any time unlesse they have expresse Commission or Patent under the great Seale of England to doe it and that as his Majesties visitors onely and in his name and right alone Jo. Arthur Dep. THese three questions highly concerning his Majesties prerogative debated and determined by the defendants against the prelates for the King were the maine scandals and libels complained of in this new Information and the bookes thereto annexed to prejudge which before the hearing without the defendants privity never summoned to be heard what they could say in these particulars agaīnst the prelates encrochments in defence of the Kings 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 Canterburies becke before it was heard Upon this Order all the Judges before the hearing returned this Certificate for the prelates whom then to disobay or contradict in any thing had beene fatall if not capitall whereupon this following order was made which will abundantly evidence the Archbishops 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 chiefe Justices the Lord chiefe Baron and other the Iustices of the Court of Kings 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