Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	henry_n	john_n	lord_n	5,104	5	4.2523	3	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

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