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	judge_n	law_n	3,228	5	4.7516	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A05581	A briefe relation of certaine speciall and most materiall passages, and speeches in the Starre-Chamber occasioned and delivered the 14th. day of Iune, 1637. At the censure of those three famous and worthy gentlemen, Dr. Bastwicke, Mr. Burton, and Mr. Prynne. Even so as it hath beene truely and faithfully gathered from their owne mouthes, by one present at the said censure.	Bastwick, John, 1593-1654.; England and Wales. Court of Star Chamber.	1638 (1638)	STC 1570; ESTC S101052	21,742	33

decreed that D. Bastvvicke should loose his eares O my Noble Lords is this righteous judgement I may say as the Apostle once said What whipp a Roman I have beene a Souldier able to lead an Army into the field to fight valiantly for the honour of their Prince Now I am a Physitian able to cure Nobles Kings Princes and Emperors And to curtolize a Romans eares like a Curre O my honourable Lords is it not too base an act for so noble an assembly and for so righteous and honourable a cause The cause my Lords is great it concernes the glory of God the honour of our King whose Prerogative we labour to maintaine and to set up in a high manner in which your Honours Liberties are engag'd And doth not such a cause deserve your Lordships consideration before you proceed to Censure Your Honours may be pleased to consider that in the last cause heard and censured in this Court between St. Iames Bagge the Lord Moone wherein your Lordships tooke a great deale of paines with a great deale of patience to heare the Bills on both sides with all the Answers Depositions largely laid open before you which cause when you had fully heard some of your Honours now sitting in Court said You could not in conscience proceed to Censure till you had taken some time to recollect your selves If in a cause of that nature you could spend so much time and afterwards recollect your selves before you would passe Censure How much more should it moove your Honours to take some time in a cause wherein the glory of God the Prerogative of his Majestie your Honours dignity and the Subjects Liberty is so largely ingaged My good Lords it may fall out to be any of your Lordships cases to stand as Delinquents at this Barre as we now doe It is not unknowne to your Honours the next cause that is to succeed ours is touching a person that sometimes hath beene in greatest power in this Court And if the mutations and revolutions of persons and times be such then I doe most humbly beseech your Honours to looke on us as it may befall your selves But if all this will not prevaile with your Honours to peruse my Bookes and heare my Answer read which here I tender upon the word and oath of a Souldier a Gentleman a Scholler and a Physitian I will cloath them as I said before in Roman Buffe and disperse them throughout the Christian world that future generations may see the innocency of this cause and your Honours unjust proceedings in it all which I will doe though it cost me my life L. Keeper Mr. D. I thought you would be angrie Dr. Bast No my Lord you are mis-taken I am not angrie nor passionate all that I doe presse is that you would be pleased to peruse my Answer D. Keeper Well hold your peace Mr. Burton what say you Mr. Burton My goods Lords your Honours it should seeme doe determine to Censure us and take our cause pro confesso although we have laboured to give your Honours satisfaction in all things My Lords what you have to say against my Booke I confesse I did write it yet did I not any thing out of intent of Commotion or Sedition I delivered nothing but what my Text led me too being chosen to suite with the day namely the fifth of November the word were these c. L. Keeper M. Burton I pray stand not naming Texts of Scripture now we doe not send for you to preach but to answer to those things that are objected against you M. Burt. My Lord I have drawne up my Answer to my great paines and charges which Answer was signed with my Counsels hands and received into the Court according to the rule and Order thereof And I did not thinke to have beene called this day to a Censure but have had a legall proceeding by way of Bill and Answer L. Keeper Your Answer was impertinent M. Burt. My Answer after it was entred into the Court was referred to the Judges but by what meanes I doe not know whither it be impertinent and what cause your Lordships had to cast it out I knovv not But after it was approved of and received it was cast out as an impertinent Answer L. Finch The Iudges did you a good turne to make it impertinent for it was as Libellous as your Booke so that your Answer deserved a Censure alone L. Keeper What say you Mr. Button are you guilty or not M. Burton My Lord I desire you not onely to peruse my Booke here and there but every passage of it L. Keeper Mr. Burton time is short are you guilty or not guilty What say you to that which was read Doth it become a Minister to deliver himselfe in such a rayling and scandalous way M. Burton In my judgement and as I can proove it it was neither rayling not scandalous I conceive that a Minister hath a larger liberty then alwayes to goe in a milde straine being the Pastor of my people whom I had in charge and was to instruct I supposed it was my duety to informe them of those innovations that are crept into the Church as likewise of the danger and ill consequence of them As for my answer yee blotted out what yee would and then the rest which made best for your owne ends you would have to stand And now for your owne turnes and renounce the rest were to desert my cause which before I will doe or desert my conscience I will rather desert my body and deliver it up to your Lordships to doe with it what you will L. Keeper This is a ●lace where you should crave mercy and favour Mr. Burton and not stand upon such termes as you doe M. Burt. There wherein I have offended through humane frailty I crave of God Man pardon And I pray God that in your Sentence you may so Censure us that you may not sinne against the Lord. Thus the prisoners desiring to speake a little more for themselves were commaunded to silence And so the Lord proceeded to Censure The Lord Cottingtons Censure I Condemne these three men to loose their eares in the Pallaceyard at Westminster To be fined five thousands pounds a man to his Majestie And to perpetuall prisonment in three remote places of the Kingdome namely the Castles of Carnaruan Cornwall and Lancaster The Lord Finch added to this Censure MR. Prynne to be stigmatized in the Cheekes with two Letters S L for a Seditious Libeller To which all the Lord agreed And so the Lord Keeper concluded the Censure THE Execution of the Lords Censure in Starre-Chamber upon D. Bastwijcke M. Prynne and M. Burton in the Pallace-yard at Westminster the 30th day of Iune last 1637. at the spectation whereof the number of people was so great the place being very large that it caused admiration in all that beheld them who came with tender affections to behold those three renowned Souldiers and

A BRIEFE RELATION OF Certaine speciall and most materiall passages and speeches in the Starre-Chamber Occasioned And delivered the 14th day of Iune 1637. At the Censure of those three famous and worthy Gentlemen Dr. Bastwicke Mr. Burton and Mr. Prynne EVEN SO As it hath beene truely and faithfully gathered from their owne mouthes by one present at the said Censure PRINTED In the yeare of God 1638. TO THE READER CHristian Reader I present you heere the Relation of such a Censure and the Execution thereof as I dare say all circumstances layd together cannot bee paralled in any age of man throughout the Christian World and I thinke I may take in even the World of Pagans and Heathens to it Which though it bee not drawne up in so eloquent a straine as it was delivered deserved nor all the Heavenly words and eloquent speeches recorded which were uttered by these Three Worthies of the Lord both in the presence of the Lords themselves at their Censure and also at the place of Execution Yet I earnestly beseech you in the bowels of Iesus Christ that you doe not in the least manner under-valu the glory and dignitie eyther of the Persons or the cause but rather lay the blame upon the rudenes and meane capacity of the Composer who is an unfeyned Wel-wisher to them Fare well A Briefe Relation OF Certaine speciall most materiall passages and Speeches in the Starre-chamber on the 14th day of Iune in the yeare 1637. At the Censure of those three vvorthy Gentlemen Dr. Bastwick Mr. Burton and Mr. Prynne BEtweene eight and nine a clocke in the morning the 14. of Iune the Lords being set in their places in the said Court of Starre-chamber and casting their eyes upon the Prisoners then at the Bar Sr. Iohn Finch chiefe Iustice of the Common Pleas began to speake after this manner Sr. Iohn Finch I had thought M. Prynne had had no eares but me thinkes hee hath eares which caused many of the Lords to take the stricter view of him and for their better satisfaction the Usher of the Court was commanded to turne up his haire shew his eares Upon the sight wherof the Lords were displeased they had beene formerly no more cut off and cast out some disgracefull words of him To which M. Prynne replied M. Pryn. My Lords there is never a one of your Honours but would be sorry to have your eares as mine are The Lord Keeper replied againe L. Keeper In good faith hee is some what sawcy M. Pryn. I hope said M. Prynne your Honours will not be offended I pray God give you eares to heare L. Keeper The busines of the day said the Lord Keeper is to proceed on the Prisoners at the Barr. M. Pryn. M. Prynne then humbly desired the Court to give him leave to make a motion or two which being graunted he mooves First that their Honours would be pleased to accept of a crosse Bill against the Prelates signed with their owne hands being that which stands with the Iustice of the Court which he humbly craved and so tendred it L. Keeper As for your crosse Bill it is not the busines of the day Hereafter if the Court shall see just cause and that it savours not of Libelling wee may accept of it for my part I have not seene it but have heard somewhat of it M. Pryn. I hope your Honours will not refuse it being it is on his Majesties behalfe wee are his Majesties Subjects and therefore require the Iustice of the Court. L. Keeper But this is not the busines of the day M. Pryn. Why then My Lords I have a second motion which I humbly pray your Honours to graunt which is That your Lordships will be pleased to dismisse the Prelates here now sitting from having any voyce in the censure of this cause being generally knowne to be Adversaries as being no way agreeable with equity or reason that they who are our Adversaries should bee our Iudges Therefore wee humbly crave they may be expunged out of the Court. L. Keeper In good faith it 's a sweet motion is 't not Herein you are become Libellous And if you should thus Libell all the Lords and Reverend Iudges as you doe the most Reverēd Prelates by this your Plea you would have none to passe sentence upon you for you Libelling because they are parties M. Pryn. Vnder correction My Lord this doth not hold Your Honour need not put that for a certainty which is an uncertainty we have nothing to say to any of your Honours but onely to the Prelates L. Keeper Well proceed to the busines of the day Read the Information Which was read being very large and these five Bookes annexed thereunto viz. a Booke of D. Bastwicks written in Latin The second a little Booke intituled Newes from Ipswich The third intitled A Divine Tragedy Recording Gods fearefull judgements on Sabbath-breakers The fourth Mr. Burtons Booke intituled An Apology of an Appeale to the Kings most Excellent Majesty with two Sermons for God and the King preached on the fifth of November last The fifth and last Dr. Bastwickes Letany The Kings Counsell being five tooke each of them a severall Booke and descanted there at the Barre upon them according to their pleasure M. Attorney Mr. Attorney began first with D. Bastwickes Latin Booke picking out here there particular conclusions that best served for his owne ends so did all the other Counsell out of the former other Bookes to the great abuse of the Authors as themselves there immediately complain'd intreating them to reade the foregoing grounds upon which the said conclusions depended without which they could not understand the true meaning of them Serjeant Next unto the Attorney Serjeant Whitfeild fals upon Reverend M. Burtons Booke who vented much bitternes against that unreprooveable Booke as all that read it with an honest and orthodox heart may clearely perceive swearing In good faith My Lords there is never a page in this Booke but deserves a heavier and deeper Censure then this Court can lay upon him Next followed A. B. who in like manner descanted upon the Newes from Ipswich charging it to be full of pernitious lyes and especially vindicating the honor of Mathew Wren Bishop of Norwich as being a learned pious and Reverend Father of the Church M. Littleton In the fourth place followes the Kings Solicitor who acts his part upon the Divine Tragedy To which part of it concerning Gods judgements on Sabbath-breakers he had little to say but onely put it off with a scoffe saying That they sate in the Seate of God who judged those accidents which fell out upon persons suddainly strooken to be the judgement of God for Sabbath breaking or words to the like effect but enlarged himselfe upon that passage which reflected upon that late Reverend as he termed him and learned Professor of the Law and his Majesties faithfull Servant M. William Noy his Majesties late Attorney who as hee said was

most shamefully abused by a slaunder layd upon him which was That it should be reported That Gods judgement fell upon him for so eagerly prosecuting that innocent person M. Prynne which judgement was this That he laughing at M. Prynne while hee was suffering upon the Pillory was strooke with an issue of blood in his privy part which by all the art of man could never bee stopped unto the day of his death which was soone after But the truth of this my Lords saith he you shall finde to be as probable as the rest for we have here three or foure Gentlemen of good credit and ranke to testify upon oath that hee had that issue long before and thereupon made a shew as if he would call for them in before the Lords to witnesse the truth thereof with these particular words Make roome for the Gentlemen to come in there but no one witnesse was seene to appeare Which was pretty delusion and worth all your observations that read it and so concluded as the rest that this Booke also deserved a heavy and deepe Censure Mr. Harbert Lastly followes M. Harbert whose descant was upon Dr. Bastwickes Letanie picking out one or two passages therein and so drawing thence his conclusion that jointly with the rest it deserved a heavy Censure The Kings Counsell having all spoken what they could the Lord Keeper said to the Prisoners at the Barre Lord Keeper You heare Gentlemen wherewith you are charged and now least you should say you cannot have libertie to speake for your selves the Court gives you leave to speake what you can with these conditions First That you speake within the bounds of modesty Secondly That your speeches bee not Libellous They all three answered Prisoners They hoped so to order their speech as to be free from any immodest or libellous speaking Lord Keeper Then speake a Gods name and shew cause why the Court should not proceed in Censure as taking the cause pro confesso against you M. Pryn. My Honourable good Lords such a day of the moneth there came a Subpoena from your Honours to enter my appearance in this Court which being entred tooke forth a copy of the Information which being taken I was to draw my Answere which I endeavoured to doe but being shut up close prisoner I was deserted of all meanes by which I should have done it for I was no sooner served with the Subpoena but I was shortly after shut up close prisoner with suspention of Pen Inke and Paper which close imprisonment did eat up such a deale of my time that I was hindred the bringing in of my Answer You did assigne me Counsell 't is true but they neglected to come to me and I could not come to them being under lock and key Then upon motion in Court yee gaue me liberty to goe to them but then presently after that motion I know not for what cause nor upon whose commaund I was shut up againe and then I could not compell my Counsell to come to me my time was short and I had neither Pen nor Incke nor Servant to do any thing for me for my Servant was then also kept close prisoner under a Pursevants hands This was to put impossibilities upon mee Then upon a second motion for Pen Inke which was graunted me I drew up some Instructions in a fortnight time sent 40. sheetes to my Councell suddainly after I drew up 40. sheetes more and sent to them My Lord I did nothing but by the advise of my Counsell by whom I was ruled in the drawing up of all my answer and payd him twice for drawing it and some of my Counsell would have set their hands to it Here is my Answer I tender it upon my oath which your Lordships cannot deny with the Iustice of the Court. Lord Keeper Wee can give you a President that this Court hath proceeded undertaken a cause pro confesso for not putting in an Answeare in six dayes you have had a great deale of favour shewed in affording you longer time therefore the Court is free from all calumny or aspersion for rejecting your Answer not signed with the Counsels hands M. Pryn. But one word or two my Lords I desire your Honours to heare me I put a case in Law that is often pleaded before your Lordships One man is bound to bring in two witnesses if both or one of them faile that hee cannot bring thē in doth the Law my Lords make it the mans act You assigned me two Counsellors one of them failed I cannot compell him Here now he is before you let him speake if I have not used all my endeavours to have had him signed it which my other Coūsell would haue done if this would haue set his hand to it with him and to have put in long since Counsell My Lord there was so long time spent ere I could doe any thing after I was assigned his Councell that it was impossible his Answere could bee drawne up in so short a time as was allotted for after long expectation seeing he came not to me I went to him where I found him shut up close prisoner so that I could not have accesse to him Whereupon I motioned to the Lieftenant of the Tower to have free libertie of speech with him concerning his aunswear which being graunted mee I found him very willing desirous to have it drawne up whereupon I did moove in the Court for Pen and Paper which was graunted the which hee no sooner had gotten but hee set himselfe to draw up Instructions and in a short time sent me 40 sheetes and soone after I received 40 more but I found the Answer so long of such a nature that I durst not set my hand to it for feare of giving your Honours distast M. Pryn. My Lords I did nothing but according to the direction of my Counsell only I spake mine owne words my answear was drawne up by his consent it was his owne act and hee did approove of it and if he will be so base à Coward to doe that in private which he dares not acknowledge in publick I will not such a sin lye on my conscience let it rest with him Here is my Answer which though it be not signed with their hāds yet here I tender it upon my oath which you cannot in Iustice deny L. Keeper But Mr. Prynne the Court desires no such long Answer Are you guilty or not guilty M. Pryn. My good Lord I am to Answer in a defensive way Is here any one that can witnes any thing against me Let him come in The Law of God standeth thus that a man is not to be condemned but under the mouth of two or three witnesses Here is no witnesse comes in against me my Lord neither is there in all the Information one clause that doth particularly fall on me but onely in generall there is no Booke laid to my charge And shall I be condemned for a

particular act when no accusation of any particular act can bee brought against mee This were most unjust and wicked Here I tender my aunswere to the Information upon my oath My Lord you did impose impossibilities upon me I could doe no more then I was able L. Keeper Well holde your peace your answere comes too late Speake you Dr. Bastwick Dr. Bast My Honorable Lords Mee thinks you looke like an Assembly of Gods and sit in the place of God yee are called the Sonnes of God And since I have compared you to Gods give me leave a little to paralell the one with the other to see whither the comparison betweene God and you doth hold in this noble and righteous cause This was the car●iage of Almighty God in the cause of Sodome Before hee would pronounce sentence or execute judgement he would first come downe and see whether the crime was altogether according to the cry that was come up And with whom doth the Lord consult when he came downe With his Servant Abraham and hee gives the reason for I know saith hee that Abraham will commaund his children household after him that they shall keepe the way of the Lord to doe Iustice Iudgment My good Lords thus stands the case between your Honours and us this day there is a great cry come up into your eares against us from the Kings Attourney bee novv pleased to descend and see if the crime be according to the cry and consult vvith God not the Prelates being the adversary part and as it is apparant to all the World doe proudly set themselves against the vvayes of God and from vvhom none can expect Iustice or Iudgement and vvith righteous men vvill be impartiall on either side before you proceed to censure which censure you cannot passe on us vvithout great unjustice before you heare our Answers read Here is my Answer which I here tender upon my oath My good Lords give us leave to speake in our owne defence wee are not conscious to our selves of any thing we have done that deserves a Censure this day in this Honourable Court but that vve have ever laboured to maintaine the Honour Dignity Prerogative Royall of our Soveraigne Lord the King let my Lord the King live for ever Had I a thousands lives I should thinke them all too little to spend for the maintenance of his Majesties Royall Prerogative My good Lords can you proceed to Censure before you know my cause I dare undertake that scarce any one of your Lordships have read my Bookes And can you then Censure me for what you know not and before I have made my defence O my Noble Lords is this righteous judgement This were against the Law of God and Man to condemne a Man before you know his crime The Governour before whom S. Paul was carried who was a very Heathen would first heare his cause before he would passe any Censure upon him And doth it beseeme so Noble and Christian Assembly to condemne mee before my Answer be perused and my cause knowne Men Brethren and Fathers into what an age are wee fallen I desire your Honours to lay aside your Censure for this day inquire into my cause heare my Answer read which if you refuse to doe I here professe I will cloath it in Roman Buffe and send it abroad unto the view of all the world to cleare mine innocency and shew your great injustice in this cause Lord Keeper But this is not the busines of the day Why brought you not in your Answer in due time D. Bastwicke My Lord a long time since I tendred it to your Honour I failed not in any one particular And if my Counsell be so base and cowardly that they dare not signe it for feare of the Prelates as I can make it appeare therefore have I no Answer My Lord here is my Answer which though my Counsell out of a base spirit dare not set their hands unto yet I tender it upon my oath L. Keeper But M. D. you should have beene briefe you tendred in too large an Answer which as I heard is as Libellous as your Bookes D. Bastw No my Lord it is not Libellous though large I have none to answer for me but my selfe and being left to my selfe I must plead my conscience in answer to every circumstance of the Information L. Keeper What say you M. D. Are you guilty or not guilty Answer yea or no you needed not to have troubled your selfe so much about so large an Answer D. Bastwicke I know none of your Honours have read my Booke And can you with the Iustice of the court condemne me before you know what is written in my bookes L. Keeper What say you to that was read to you even now D. Bast My Lord he that read it did so murther the sence of it that had I not knowne what I had written I could not tell what to have made of it L. Keeper What say you to the other sentence read to you D. Bast That was none of mine I will not father that which was none of my owne L. Dorset Did not you send that booke as now it is to a Noble mans house together with a Letter directed to him D. Bast Yea my Lord I did so but withall you may see in my Epistle set before the booke I did at first disclaime what was not mine I sent my Booke over by a Dutch Merchant who it was that wrote the addition I doe not know but my Epistle set to my Booke made manifest what was mine and what was not and I cannot justly suffer for what was none of mine L. Arund My Lord you heare by his owne speech the cause is taken pro confesso L. Keeper Yea you say true my Lord. D. Bast My noble Lord of Arundell I know you are a noble Prince in Israel a great Peere of this Realme There are some honourable Lords in this Court that have beene forced out as combatants in a single duell it is betweene the Prelates and us at this time as betweene two that have appointed the field The one being a coward goes to the Magistrate by vertue of his Authority disarmes the other of his weapons gives him a Bullrush and then challenges him to fight If this be not base cowardice I know not what belongs to a Souldier This is the case betweene the Prelates and us they take away our weapons our Answers by vertue of your Authority by which we should defend our selves and yet they bid us fight My Lord doth not his savour of a base cowardly spirit I know my Lord there is a Decree gone forth for my Sentence vvas passed long since to cut of our eares Lord Keeper Who shall know our Censure before the Court passe it Doe you prophesy of your selves D. Bastwicke My Lord I am able to proove it and that from the mouth of the Prelates ovvne Servants that in August last it vvas