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judgement_n court_n error_n reverse_v 8,621 5 13.3244 5 true
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A56192 The Popish royall favourite: or, a full discovery of His Majesties extraordinary favours to, and protections of notorious papists, priestes, Jesuites, against all prosecutions and penalties of the laws enacted against them notwithstanding his many royall proclamations, declarations, and protestations to the contrary: as likewise of a most desperate long prosecuted designe to set up popery, and extirpate the Protestant religion by degrees, in this our kealme [sic] of England, and all His Majesties dominions. Manifested by sundry letters of grace, warrants, writings under the Kings own signe-manuall, privy-signet, his privy-councels, and Secretary Windebanks hands and seals, by divers orders and proceedings in open sessions at Newgate, in the Kings Bench, and elsewhere ... Collected and published by authority of Parliament: by William Prynne, of Lincolns Inne, Esquire. Prynne, William, 1600-1669. 1643 (1643) Wing P4039A; ESTC R220569 95,274 89

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a Writ of Error in the Kings Bench to reverse this ancient Indictment upon which the Marquesse was outlawed and his Attorney Generall Sir Iohn Bankes assigned severall Errors to reverse the Kings owne suite and proceedings against this Grand Papist who had no meanes to avoyd it And because that learned stout upright Iudge Sir George Crooke did often declare his opinion in Court That the King could not bring a Writ of Errour to reverse his owne Iudgement given for him that it was both a dammage and dishonour to the King and a meere deluding of this Statute to admit of such an unheard of Writ as this The Attorney Generall averred in open Court THAT THE WRIT WAS BROVGHT BY SPECIALL WARRANT AND COMMAND OF THE KING Whereupon afterwards in Trin●ty Terme 14 Carol● the Indictment was quashed by Iudge Bramston Iones and Berkely upon this Writ much against the good will and opinion of Iudge Crooke and that upon these two ●rivolous Errours First because the Iudgement was that the Marquesse forisfiat 20● where it ought to be forisfaciat Secondly because that in the entry of the Iudgement this word Capiatur was omitted And Iudge Ioanes said that for want of Addition or other errour in sait the King shall not reverse an Indictment on this Act but otherwise it was of an Error in Law But I feare the greatest Error in this Case was in the King and these Iudges in opening such an illegall gap for Popish Recusants wholy to evade this Law penned with as much care and judgement as possible upon the horrid Popish plot of the Gunpowder Treason which would have blowne up this Parliament The record of this notorious case and the Iudgement given upon it is extant in the Crowne Office In few words the Papists have lately gained such an high opinion in his Majesties judgement and affections that he not onely ●tiles them his Loyall dutifull trusty and wel-beloved Subjects in all his forementioned letters of Grace but even now principally relies upon their forces contributions as his best and faithfullest Subjects and Guard insomuch that divers of our Prelaticall Clergy have cryed them up in their Pulpits as well at the King and others in Court for his Majesties best and most bountifull Leiges witnesse the speech of Iohn Wells Parson or Shimplin in Suffolke sequestred by the Parliament who affirmed THAT THE PAPISTS WERE THE KINGS BEST SVBIECTS And of Iohn Squire Vicar of Shorditch who in his last Printed Sermons stiles himself Iohn Squire Priest sequestred for that he hath publikely Preached in his Sermons That the Papists are the kings best Subiects for their lo●alty and for their liberality many of them like Arauna having given like Kings to the King and for their patience that enduring very many grievances under his Majestie they had buried them all in oblivion exhorting that none should come to the Sacrament unlesse they were so affected to his Maiestie as the Papists were And comparing his Majestie to the man that went from Hierusalem to Ieriche who fell among theeves that wounded him in his Honour robbed him of his Castles and hearts of his people he said that the Priest passing by was the Protestant the forward Professor the Levite but the Papist was the good Samaritan Especially the Irish Papist and that the Subjects and all they have are at the Kings Command From all these Premises compared with the Plot and conspiracy of the Pop● Jesuites Papists of all sorts against our Religion discovered in Romes Master-peece the Rise and Progresse of the Irish Rebellion The Articles of Pacification made with the Irish Rebels there stiled neither Rebels nor Traytors but his Majesties Good Roman Catholicke Subiects authorised by Commissions from his Majesty under the great Seale now at last if not at first to take up Armes against all Protestants who shall not submit to this strange Pacification there after the bloody slaughter and butchery of above an hundred and forty thousand Innocent Protestant whose blood must passe altogether unrevenged by the hands of Royall publick justice and by speciall Commissions as we are most certainely informed a very probable argument they had not onely pretended but reall Commissions from the King at first for what they acted against the Protestants in Ireland are now sent for over into England where thousands of them are lately arrived and more daily expected to sight against the Parliament and Massacre English Protestants in their owne Countrey as freely as they did in Ireland his Majestie making base Irish monies currant in England by speciall Proclamation in favour of the Irish rebels to be transported and made current good Subjects here to murther us the late intercepted Bull with other Papers and Commissions newly intercepted and ordered to be forthwith published in Print By all these our whole 3. Kingdomes if not the very blindest and most incredulous Malignants unlesse given over to a reprobate sence must of necessity now see and acknowledge that there is and hath bin all his Majesties Reigne till this instant a most strong cunning desperate confederacie prosecuted wherin the Queens Majestie hath bin cheife to set up Popery in perfection and extirpate the Protestant party Religion in all his Majesties Dominions which plot now visibly appeares above ground and is almost ripened to perfection unlesse Gods owne Almighty Power and our unanimous vigilant strenu●us opposition prevent its finall accomplishment For my owne particular I many yeeres since through Gods goodnesse to me by many infallible Symptomes clearely discovered and to my power publikely detected oppugned this prevalent growing confederacie in sundry Printed Bookes especially in my Perpetuity of a Regenerate Mans estate Anti-Arminianisme Dr. Cosens his Cozening Devotions Lame Giles his ●altings The Vubishoping of Timothy and Titus The Antipathy of the English Prelacy to unity and Minarchy A Looking-glasse for Lordly Prelates but especially in my Quench Coale written in the Tower of London for which good publicke service what a strange ingrate requitall I received from the pretended Fathers of our Church and defendors of our faith is too well knowne to the world During my Imprisonment in the Tower I met with some more speciall passages in Popish writers which much confirmed me in the reality of this Conspiracie against our Religion and to re-establish Popery which because then unobvious and unknown to most I had an intention to have published as I could gaine oportunity but my close Imprisonment there and Exile into Wales and Iersie prevented this designe Wherefore I shall for a close of this Narration present you now with what I then intended The first was these ensuing letters of the Pope to the King when Prince of Wales and in Spaine and of the King to the Pope in answer thereof recorded by Andrew de Chesue Chronographer to the King of France in his History of England Scotland and Ireland l. 22. f. 1162. Printed at Paris Cum Privilegio the last Edition p. 509. 510