Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	plea_n	5,523	5	9.8646	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

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

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

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