Selected quad for the lemma: order_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
order_n	council_n	great_a	king_n	2,212	5	3.6845	3	false

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

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

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