Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n bishop_n great_a time_n 2,730 5 3.1506 3 false
View all documents for the selected quad

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

There are 2 snippets containing the selected quad. | View lemmatised text

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
upon a motion made in the Court wherein his Majesties Attorney Generall is plaintife against John Bastwick Doctor in Physick and others defendants In which respect the said Iudges have decla●ed their opinions in point of Law touching the severall matters to them referred by the aforesaid Order and the same being so read in Court his * Majesties Attorney Generall humbly prayed that the said Certificate may be * recorded in this Court and in all other the Courts at Westminster and in the high Commission and other Ecclesiasticall Courts for the satisfaction of all men that the proceeding in the High Commission and other Ecclesiasticall Courts are agreea●le to the Law and Statutes of the Realme which the Court held reasonable and hath ordered it shall so be and that after the same is enrolled in this Court and other the Courts aforesaid the originall Certificate of the said Iudges shall be delivered to the most reverend Father in God * the Lord Archbishop of Canterbury his grace to be kept and preserved amongst the records of his Court Which Certificate followeth in these words May it please your Lordships ACcording to your Lordships Order made in his Majesties Court of Star-Chamber the twelfth of May last we have taken consideration of the particulars wherein our Opinions are required by the said Order and we have all agreed That Proces may issue out of the Ecclesiasticall Court in the name of the Bishops And that a Patent under the great Seale is not necessary for the keeping of the said Ecclesiasticall Court or the inabling of Citations Suspensions Excommunications or other censures of the Church And that it is not necessary that Summons Citations or other processes Ecclesiasticall in the said Court or Institutions or Inductions to benefices or Corrections of Ecclesiasticall offences in those Courts be in the * Kings name or with the Stile of the King or under the Kings Seale or that their seales of Office have in them the Kings Armes And that the Statute of primo Edwardi sexti Ch. 2. which enacted contrary is not now in force Wee are also of opinion that the Bishops Arch-Deacons and other Ecclesiasticall persons may keepe their Visitations as usually they have done without Commission under the great Seale of England so to doe Primo die Julii 1637. Jo. Bramston Jo Finch Hum. Davenport Wm. Jones Jo. Denham Richard Hutton George Crooke Thomas Trever George Vernon Robert Barkley Richard Weston Jo. Arthur Dep. DOctor Heylin in his Briefe and moderat● Aswer t● Master Burton the matter whereof contradicts the Title written by the Archbishop of Canterburies speciall command p. 102. avers that it was positively delivered by my Lords the Judges with an unanimous consent and so declared by my Lords chiefe Justices in 〈…〉 last past before this Certificate that the Act of Repeal the first of Queene Mary doth still stand in force as unto the Statute of first Edward 6 ● 2. by you so much pressed and that the Bishops might lawfully issue out proces in their names and under their owne seales Which if true it is apparant that the Archbishop from whom the Doctor had his information had received all the Judges resolutions in this point not onely before the hearing of the cause but even before his motion in Court that the Judges might be attended to know their resolution in these points Is not this prety under-hand juggling and square prelaticall proceeding deserving extraordinary Laud But to returne to the defendants where I last left them Master Prynne upon Master Holts resort to him by the Lords command upon his last petition to his Chamber at the Tower where he was shut up close prisoner gave him both a fee and instructions to draw up his answer by with all possible speed hereupon Master Helt drawes an answer according to his owne minde different from his instructions which he sent to Master Prynne to peruse who disl●king the generality of it desired him to conferre with his other counsell and to amend it in some particulars whereupon Master Tomlins another of his counsell and Master Holt after two meetings agreeing upon his answer Master Holt gave order to his Clerks to ingrosse it and promised to signe it the next morning that it might be put into the Court Master Prynne informed hereof payed Master Holts Clerks for ingrossing it and the next morning by his keeper sent another fee to Mr. Holt to signe it according to promise who then refusing both the fee and the signing of the answer and being taxed for it by Master Tomlins who had signed the paper Coppy and demanded the reason by Master Prynnes keeper why hee refused to signe it contrary to promise answered that he had received expresse order not to signe it and afterwards being taxed for it by master Prynne himselfe who demanded the reason of this deniall he told him that hee durst not subscribe it for an 100 pounds though he had drawne it for feare of being put from the Barre he having received a command to the contrary In the meane time Master Tomlins who was willing to signe it departed into the Countrey upon his necessary occasions so that his hand could not be gotten Master Prynne thus deluded acquaints the Lieutenant of the Tower with this false dealing requesting him to informe the Lord Keeper of it and to desire his Lordship in his behalfe either to enjoyne Master Holt to signe his answer according to promise as hee had done in Master Burtons case or to accept of it without an hand or of it or another answer signed with his owne hand since he had done his utmost and had no meanes to compell his counsell to subscribe his answer against their wills The Lord Keeper upon this Information answered that hee had no power to force counsell to signe an answer and that it was not his use to doe it or to receive any answer without counsells hands Upon the returne of which answer Master Prynne replied that if the Lord Keeper being cheife Iudge of the Court the greatest officer in the Realme under the King and a freeman had no power to enforce his counsell to signe his answer according to duty equity and promise then certainly he being a poore close prisoner had farre lesse power to doe it and ought not to suffer for his default which he could not remedy Hereupon insteed of accepting his answer this order was made against him and Doctor Bastwick to take them both pro confesso for their contempt in not answering and to appoint a day for hearing the Cause In Camera Stellata coram Concilio ibidem 19o die Maii An. Decimo tertio Car. Reg. VPon information this day to this honorable Court by Sir Iohn Bankes Knight his Majesties attorney generall that he hath exhibited an information into this Court against Iohn Bastwick Doctor of Physicke William Prynne Gentleman and others defendants for framing Printing and publishing severall libellous and seditious