Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	john_n	knight_n	sir_n	20,604	5	7.8822	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

this pastorall But this misinformation onely exasperating the King and Queene against Master Prynne for the present and not taking effect to worke his restraint their Majesties being truly informed by others that this booke was written and printed long before this pastorall was thought of the now Archbishop thereupon caused Doctor Heylin whom Master Prynne had refuted in * that booke by the by in a point concerning Saint George to collect such passages out of the booke and digest them into severall heads as might draw Master Prynne into Question for supposed scandals therein of the King Queene State and Government of the Realme Hereupon the Doctor drawes up such Collections digested into seven heads with his owne malicious Inferences upon them not warranted by Master Prynnes Text and delivers them in writing to Secretary Co●ke and the Arch-bishop The prelate thus furnished by his minion takes Mr. Pryns booke and these collections and repaireth with them on the second Lords-Daymorning in Candlemas Tearme 1632 to Lincolns Inne to Master Noy then Kings Attourney generall and keeping him on that sacred day both from the Chappell and Sacrament which he then purposed to receive shewed him the said book and collections of some passages out of it which he said his councell informed him to be dangerous charged him on that duty he owed to his Master the King to prosecute Master Prynne for the same Master Noy before this had twice read over the said booke very seriously and protested that he saw nothing in it that was scandalous or censurable in Star-Chamber or any other Court of Iudicature and had thereupon commanded one of the books which Master Prynne delivered him to be put into Lincolns Inne library for the use of the house in so much that he was so discontented at this command of the Arch-prelate that he wished he had beene twenty miles out of towne that morning But being commanded hee must obey and within few dayes after Master Prynne by this prelates instigation was sent for before the Lords to the inner Star-Chamber and by them sent prisoner with 4. of the Kings Guard to the Tower of London on Feb. the first 1632 with this warrant to which this prelates hand among others was subscribed AFter our hearty commendations whereas there is cause to restraine William Prynne Esquire and to commit him to your custody these are therefore to will and require you to receive into your charge the person of the said William Prynne and to keepe him safe prisoner in the Tower without giving free accesse to him untill you shall receive further Order for which this shall be your warrant From the Star-Chamber the first of Feb. 1632. Thomas Coventry Archbishop of Yorke H. Manchestour Dorset Faukland Guil. Lond. now Canter Edward Nuburgh Iohn Cooke Tho. Germine Francis Windebanke To our loving friend Sir William Balfore Knight Lieutenant of his Majesties Tower of London BY force of this generall warrant against Law wherein no cause of co●●itment is specified Master Prynne was kept pri●●●●r in the Tower without bayle or maineprise notwithstanding his oft petitions for release absolute or upon bayle till Master Noy sending for the said Heylins collections exhibited an Information against him in the Star-Chamber for his said licensed booke the 21 of Inne following and prosecuted it so that not permitting Master Prynne to be bayled not yet so much as to repaire to his Counsell with his keeper on the 17 of Feb. 1633. he procured this heavy sentence against him in that Court That Master Prynne should be committed to prison during life pay a fine of 5000 pounds to the King be expelled Lincolns Inne disbarred and disabled ever to exercise the profession of a Barrester degraded by the University of Oxford of his degree there tak●● and that done ●e set in the Pillory at Westminster with a paper on his head declaring the nature of his offence and have one of his Eares there cut off and at another time be set in the pillory in Cheap-side with a paper as aforesaid and there have his other Eare cut off and that a fire shall be made before the said pillory and the hang-man being there ready for that purpose shall publikely in disgracefull manner cast all the said bookes which could be produced to gather up which Messengers with speciall warrants were sent to bookesellers into divers Counties into the fire to be burnt as unfit to be seene by any hereafter no particular passages of the said booke on which their unparallelled sentence was grounded being so much as mentioned in the Information replication or decree as by Law they should and doubtlesse would have beene had they beene really effensive demeriting such a Censure But the innocency of these misconstrued and perverted passages being for the most part the words of other approved authors was the cause of their concealement and not recording and though many of the Lords never dreamed of any execution of this hard judgement and the Queene whom it most concerned earnestly interceded to his Majesty to remit its execution yet such was the prelates power and malice that on the seventh and tenth of May following even in cold blood it was fully executed with great rigour Whiles Master Prynnes wounds were yet fresh and bleeding within three dayes after his execution this Arch-prelate of Canterbury to adde more waight to his affliction against all Law and equity when there was no suite pending against Master Prynne in the High Commission his fine in Star-chamber un●streated granted this warrant out of the High Commission for the seisure of the books of his study conveyed to his Taylors house in Holborne of which his spies had given him Intelligence VPon speciall consideration These are to will and require you in his Majesties name by vertue of his Highnesse Commission for causes Ecclesiasticall under the great Seale of England to us and others directed that forthwith upon the receite hereof you taking a Constable and such other assistance with you which you shall thinke meete enter into the house of Thomas Edwards dwelling in Holborne and therein and in every severall roome or place thereof or in any other house or place as well in places exempt as not exempt and that thereupon you doe make diligent search for all Pamphlets books and writings either in hampers or otherwise belonging to Master Prynne and all such so found to seize and apprehend and attach or cause to be seized apprehended and attached and that thereupon you detaine them under safe custody and bring a true Inventory of them forthwith before us or others our colleagues His Majesties Commissioners in that behalfe appointed that thereupon they may be disposed of according to the * Law and as shall be thought meete and agreeable to Iustice willing and requiring in his Majesties name by authority aforsaid al Iustices of peace Majors Sherifes Constables Bayliffes and all other his Majesties officers and loving subjects to be ayding

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

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