Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	knight_n	lord_n	7,548	5	4.5827	4	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

unlesse they might have liberty of accesse to counsell to advise and assist them in their answers it being the Prelates ayme to deprive them of this liberty Of which the Lords being informed made this ensuing order wherein though they granted them accesse to Councell yet they denyed them the liberty of conferring together at Counsell though joynt defendants who might have joyntly answered contrary to the rules of Law and all former presidents One Coppy of which order sent indifferently to their three distinct prisons I shall here annex At White-Hall the 15. of March 1636. Present Lo. Archbishop of Cant. Lo. Keeper Lo Treasur Lo. Privy-Seale Lo. High Chamberlaine Ea. Marshall Lo. Chamberlaine Ea. of Northumberland Ea. of Dorset Ea. of Salisbury Ea. of Holland Lo. Cottington Lo. Nuburgh Mr. Tresur Mr. Comptroller Mr. V. Chamberlaine Mr. Sec. Cooke M. Sec. Windebanke VVHereas information was this day given to the Boord by Master Atturney Generall that he had prefe●red a Bill of Complaint in the Star-Chamber against Henry Burton Clerke and others and that the sayd Master Burton doth refuse to make answer to the said complaint unlesse he may have liberty to goe abroad to prepare and advise with his Counsell though his Counsell had leave to have accesse and to confer with him in the Prison Yet to take away all allegations or pretence for excuse herein their Lordships have thought fit and ordered that the said Master Burton shall have liberty to goe abroad with his Keeper to speake and confer with his councell when he desireth the same and that his sayd Keeper is to have speciall care that the sayd Master Burton doe not make use of the liberty to confer with other persons and that he be permitted to goe to no other place but to his sayd Councell And that the sayd Master Burton shall immediately appeare to the sayd Bill and make answer within ten dayes after And thereupon the Boord will give such further Order as shall be fit Ex. Will Becher THe Prisoners upon this order having liberty to goe abroad with their Keepers first repaired to the Lord Keeper and petitioned for counsell to be assigned them which granted they repaired to their counsell at Lincolnes and Grayes Inne where meeting together and conferring a short speech in the presence of their keepers with their counsell notice thereof was immediately given to the Archbishop whereupon their Keepers were sharply checked and charged not to permit them to meete or speake together any more which was strictly observed Master Prynne fearing that they should not be permitted to make a full answer to the Information drawes up a Crosse-Bill against the Archbishop and others wherein he charged them with usurping upon his Majesties prerogaetive royall with Innovations in Religion Licensing of popish and Arminian bookes and other particulars which Bil being ingrossed and signed with all their three hands Master Prynne tendred to the then Lord Keeper with a petition praying that it might be accepted under their owne hands since it concerned his Majesty and Religion so much and counsell durst not signe it for feare of the prelates alleadging in the petition that if the charges of the Bill were true as they were ready to make good with their lives then their Lordships as they hoped would thinke meete they should be examined and the prelates put to answer and punished for them If false that then the Bishops to cleare their suspected Innocency to the World would be willing to answer it since their declining its answer would imply a guiltinesse in them The Lord keeper receiving this Petition and crosse-Bill upon reading the contents thereof refused to admit it delivering it to the Kings Atturney and as I am informed the Archbishop demanded the opinion of the Judges Whether these three complainants might not be punished as * libellers for exhibiting this Crosse-Bill against him and other Prelates who all but one resolved that they could not because the Bill was tendred in a legall way and might not in point of law be refused the Kings Courts of Iustice being open indifferently to all his Subjects to sue or be sued However this Bill was suppressed by the Prelates power and Master Prynne within a weeke after his appearance to the Information by the Archbishops procurement had his Chamber in the Tower searched by Master Nicholas one of the Clerkes of the Counsell and a * pursevant of the Bishops sent to over-looke him part of his instructions for his answer they s●ised and carried them away to the Archbishop his servant who should sollicite his businesse was attached by a messenger and kept close prisoner in his house above ten weekes till after the hearing without baile or mainprise which was utterly refused the liberty of Pen Inke and Paper to draw up his answer and instruct his counsell was then also inhibited himselfe shut up close prisoner and all his friends debarred from him by a verball order only By which strange proceedings he was utterly disabled to put in his answer which hee earnestly desired and was denied accesse to his councell contrary to the Lords former order This done on the 28 of April Master Pryn and his Co-defendants by an order of the Court were injoyned to put in their answers to the Information by Munday next came sennight by the advice of their counsell and under their hands or else the matters of the Information should be taken against them pro confesso He having no liberty then to goe to his councell and they for feare of the Prelates being unwilling to repaire to him or to medle in the cause thereupon petitioned the Court that having beene a Barrester at law hee might have liberty to put in his answer to this Information under his owne hand annexing sundry reasons to the petition why his owne answer in this case ought to be received without the hands of his counsell This petition together with an Affidavit of the particulars therein alleged was presented and read in open Court the fifth of May 13. Caroli of which this is a true Coppy Master Prynnes first Petition to the Lords the 5. of May 13. Caroli To The right Honorable the Lords of his Majesties High Court of Star-Chamber The humble Petition of William Pryn close prisoner in the Tower of London Humbly sheweth THat whereas the petitioner on munday last received from Master Goad an order of this Honorable Court Dated the 28. of April 1637. Whereby he is enjoyned to put in his answer to the Information against him by munday next under his councells hands or else the matters therein contained shall be taken against him Pro confesso That the petitioner in regard he hath beene debarred all accesse to his councell a weekes space and more deprived of the use of his Servant who should sollicite his businesse for him being detained close prisoner in a Messengers hands debarred all acc●sse of friends the use of Pen and Inke and disabled both in

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

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