Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	defendant_n	plaintiff_n	3,417	5	10.5128	5	true

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

Books and that upon the said defendants Bastwick and Prynnes * contemptuous refusall to answer the said Information severall Orders have beene made to take them Pro confesso It was humbly prayd 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 Terme when the Information shall be read and the matters thereof be taken against them Pro confesso VVhere you see that the sole charge against them and the ground of their censures was a supposed contemptuous refusall to answer when as the Offence and contempt was on the contrary side in refusing to accept of their answers tendred and ordering Counsell not to signe their answers In the meane time Master Burtons answer signed by Master Holt after it had laine in Court neere three weeks upon Master Atturnies suggestion to the Court the 19 of May that it was scandalous was referred to the consideration of the two chiefe Justices Bramston and Finch who calling Master Holt privately unto a Chamber before them Judge Finch ratled 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 hee deserved to have his Gowne pull'd over his eares for drawing it To whom he replied that he had beene an ancient practiser in the Star-Chamber and had drawne it according to his best understanding and wit that all of it was onely a confession or explanation of the charge in the Bill and a recitall 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 Burtons justification and defence to be expounded as will appeare by this their certificate The certificate of Sr. Iohn Bramston Knight chiefe Justice of his Majesties Court of Kings Bench and Sir Iohn Finch Lord chiefe Justice of his Majestes Court of common-Plees in the cause wherein his Majesties Attorney generall is plaintiffe and Henry Burton Clerke and others defendants ACcording to the direction of an Order of this Honorable court Dated the Ninteenth day of this instant May we have considered of the Impertinent and scandalous matter in the said Defendants Henry Burtons answer And are of opinion that * 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 alleaged against him in or by the said Information to be true and saving ever to himselfe all advantage of Exception to all every the uncertainties and imperfections therof And these words in the end of the said answer viz. This defendant to all and every such supposed unlawfull Combination Confederacies Disloyalties Seditious scandalous and factious Libells or other unlawfull offences examinable or censurable in this Honorable Court wherewith he is charged in or by the said Information answereth and sayth That he is not guilty thereof or of any part thereof in any such manner and forme as is supposed thereby All and every which matters of answer this defendant doth averre and is ready to prove as this Honorable Court shall award And humbly prayeth that all and every such errors as shall be adjudged by this Honorable Court to have beene by any ignorance of his in the common-Lawes or Statutes of this Realme 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 Majesties gracious Interpretation thereof and by this Honorable Courts favorable advice or mediation to his Majestie therein be remitted and pardoned and himselfe dismissed by the same Court All which neverthelesse we humbly submit to the grave judgement of this Honorable Court 22 May 13. Car. Regis Jo. Arthur Dep. VPon this strange Certificate of the Judges Master Burtons 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 VVhereupon the examiner comming 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 unlesse 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 materiall points tending to his justification and defence and turned from a speciall to a generall not-guilty necessarily involving him in the danger of periury 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 Honorable Court by his Majesties Attorney Generall that Henry Burton Clarke defendant at his suite being served with Proces stood forth Proces of contempt and would not be drawne to answer untill severall orders were made that the matters of the Information should be taken against them as Pro confesso Unlesse hee did answer the said information by the times limitted 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 chiefe Justices is since expunged and Interrogatories are exhibited into Court for examination of the said defendant and the examiner as appeares by his certificate now read hath beene 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 Fleete in whose custody he remaines 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 doe goe againe unto him and if hee shall not thereupon by this day senight answer the said Interrogatories they shall be taken against him Pro confesso as is desired Jo. Arthur Dep. AFter this Order the examiner repaired againe to Master Burton who upon his former grounds because hee had no answer in Court of his owne or his counsels but onely of the Judges making which he disclaimed for his and because his answer to the Interrogatories would contradict the generall answer of Not-guilty which the Judges had now made out of his speciall Not-guilty refused to be examined and so though his answer were in Court as the

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

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 seale out of Terme to bring the cause to hearing upon one dayes warning onely given to the Defendants when as by the course of the Court a Subpaena ad audiendum judicium should have beene served on them and 15 dayes 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 Honorable the Lord Keeper that John Bastwick Doctor in Physick Henry Burton c. William Prynne Gentlemen defendants at the suite of his Majesties Atturney Generall shall have liberty with their keepers to attend their councell and to appeare at the Barre of this Court on wednesday the 14. of this instant moneth 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 drawne up and engrossed by Master Holt to Master Tomlins another of his counsell newly returned out of the Country the evening before and having got him to signe this engrossed answer he goeth therewith to Master Holt desiring him likewise to subscribe it according to promise who refused to doe it now as hee had done before protesting that he durst not for an 100 peeces signe it because he had received an expresse command to the contrary Whereupon Master Prynne caries it signed with Master Tomlins hand to the Star-Chamber Office where hee tendred it to Master Goad together with another longer answer signed with his owne hand and an Affidavit that hee could not possibly procure his counsells hand to his answer before that time But Master Goad advising with his deputy refused to receave either the answers or Affidavit though earnestly pressed to it by Master Prynne who thereupon returned with his answers to the Tower and prepared himselfe for the hearing the next morning resolving that since he was thus fore judged and taken pro confesso upon a meere false pretence of a contempt in refusing to answer to speake nothing but what the Court should give him occasion when he appeared at the Barre Doctor Bastwick and Master Burton taking up the like resolution because they were certainly informed that whatever they spake their sentence was already determined and set downe in writing before the hearing came all being thus taken pro confesso as you have heard and seene by the former orders Thus I have given you a faithfull 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 finde discussed in the close of this Treatise Now before I come to the day of hearing give me leave to acquaint you onely with one particular touching Master Holt hee being sharply checked and terrified for drawing and signing Master Burtons answer and charged not to signe Master Prinnes answer when hee had drawne 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 speake something in defence of Master Burtons cause which the then Lord Keeper perceiving beckoned and held up his finger to him to hold his peace whereupon hee kept silence And comming home to his house as soone 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 caried which I could have defended by Scripture against all the World I had a great desire to speake in the cause for my client but my Lord Keeper beckened and held up his finger to me to hold my peace And the poore Gentlemen have received the most unjust and hardest censure that ever I heard in that Court For my owne part I gave over my practise in other Courts and be tooke my selfe wholy to this Court to enjoy the liberty of my conscience thinking to finde nothing but Iustice and just proceedings there But now alas J finde things so carried there that for this dayes worke sake I desire never to come more to that Barre J 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 affraid most will judge though I durst not doe otherwise beeing so checked and threatned This sayd he continued sad and soone after falling sicke for conceit only of the miscarriage of this cause as his wife friends beleeved hee died never going to the Star-Chamber after this sentence the proceedings and passages whereof I shall next relate * Qui malè facit malè audit * Acts 20. 28. 29. Matth 7. 15. * See Fox Act●● Monuments v●l 1. p. ●26 Ed●t ult. * Prov. 26 27. c. 28. 10. Psal. 7. 15 16. Psal. 9. 15 16. Psal. 124. 7. Psal. 140. 9. 10 11. * Psal. 20. 8. * Iudges 1. 7. * Pro. 1. 16. 18. * Prov. 28. 17 * Psal. 3. 7 5 6. * Exodus 15. 11. * Psal. 126 2 3 * This Archb. at the delivery of the rule for Master Prynnes prohibitiō was so extreamly enraged that he and some 3. or 4. Bishops more rose and went out of their Court then kept in the Consistory at Pauls in a Fury saying they would immediatly repaire to the King make a bolt or a shaft of it using many angry words and threatning to lay M. Prynne by the heels for delivering the Rule * Mr. H. I. that first presented shewed the booke to the King was a few moneths after committed prisoner to the Tower for begetting one of the actors of this pastorall with child soone after it was acted and making a reall commentary on M. Prynnes misapplyed text both the Actresse and he for this cause be comming M. Prynnes fellow prisoners in the Tower A strange providence and worthy observation * Pag. 671 to ●78 * What Law is there for you to false and dispose of the Books of mens studies against whom nosuites are péding before you Or with what face can you pretend Law when you doe directly against law * The 〈◊〉 and first 〈◊〉 in all the warrants * Which Act the Parliament hath resolved to bee against Law and that Serjeants at Armes 〈◊〉 breake open mens hous●● * Canterbury himselfe 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 God forbid he should have so much favour being in disfavour with the Prelates * Yea and have their lives taken away * This Pursevant was so officious that hee searched Mr. Prynnes foule close-stoole though Master Nicholas wished him to forbeare where he found nothing but a fitting Nosegay to recompence his industry 1. 2. 3. 4. 5. 6. 7. 8. 9. Master Prynnes second petition to the Lords * It should here be his injustice rather * 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● * Why not by the defendants too to heare what they could say 1. 2. 3. * It is a strange age when his Majesties own sworne counsell must thus be of counsell with the prelates against the King contrary t● their o●●h ●nd promote their ●ncroachments upon his prer●g●tive Roy ●ll * A strange president and motion I think no age can sh●w the like * It is fit it should end as well as begin with him * It seemes then they are no one of the Kings Courts because they have neither his name nor Image * Note * Master Holt the ancientest practisar in the Court then living Master Bartons assigned counsell was very much over-seene if all his answer but this consisting of 40. sheets of paper at least was scandalous and impertinent

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