CHARGE AGAINST WHITELOCKE. 383 



and taking, and giving of counsel in law is an essen 

 tial part of justice ; and to deny that, is to shut the 

 gate of justice, which in the Hebrews commonwealth 

 was therefore held in the gate, to shew all passage to 

 justice must be open : and certainly counsel in law 

 is one of the passages. But yet, for all that, this 

 liberty is not infinite and without limits. 



If a jesuited papist should come, and ask counsel 

 (I put a case not altogether feigned) whether all the 

 acts of parliament made in the time of queen Eli 

 zabeth and king James are void or no ; because 

 there are no lawful bishops sitting in the upper house, 

 and a parliament must consist of lords spiritual 

 and temporal and commons ; and a lawyer will 

 set it under his hand, that they be all void, I will 

 touch him for high treason upon this his counsel. 



So, if a puritan preacher will ask counsel, whe 

 ther he may stile the king Defender of the Faith, 

 because he receives not the discipline and presby 

 tery ; and the lawyer will tell him, it is no part of 

 the king s stile, it will go hard with such a lawyer. 



Or if a tribunitious popular spirit will go and ask 

 a lawyer, whether the oath and band of allegiance 

 be to the kingdom and crown only, and not to the 

 king, as was Hugh Spenser s case, and he deliver his 

 opinion as Hugh Spenser did ; he will be in Hugh 

 Spenser s danger. 



So as the privilege of giving counsel proveth not 

 all opinions : and as some opinions given are traitor 

 ous ; so are there others of a much inferior nature, 

 which are contemptuous. And among these I 



