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A61601 The proceedings and tryal in the case of the most Reverend Father in God, William, Lord Archbishop of Canterbury and the Right Reverend Fathers in God, William, Lord Bishop of St. Asaph, Francis, Lord Bishop of Ely, John, Lord Bishop of Chichester, Thomas, Lord Bishop of Bath and Wells, Thomas, Lord Bishop of Peterborough, and Jonathan, Lord Bishop of Bristol, in the Court of Kings-Bench at Westminster in Trinity-term in the fourth year of the reign of King James the Second, Annoque Dom. 1688. Sancroft, William, 1617-1693.; Lloyd, William, 1627-1717.; Turner, Francis, 1638?-1700.; Lake, John, 1624-1689.; Ken, Thomas, 1637-1711.; White, Thomas, 1628-1698.; Trelawny, Jonathan, Sir, 1650-1721.; England and Wales. Court of King's Bench. 1689 (1689) Wing S564; ESTC R7827 217,926 148

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say it shall be this day fortnight and let there be a Jury according to the usual course Sir Rob. Sawyer We pray it may be in the presence of the Attorneys or Sollicitors on both sides L. C. I. What is the usual co●…se Sir Samuel Astry Do you use to return twenty four or forty eight and then strike out twelve a piece which I perceive they desire for the Defendants Sir Sam. Astry My Lord the course is both ways and then it may be as your Lordship and the Court will please to order it L. C. I. Then take forty eight that is the fairest Mr. Att. Gen. We agree to it we desire nothing but a fair Jury Sir Rob. Sawyer Nor we neither try it when you will. L. C. I. Take a Recognizance of his Grace my Lord of Canterbury in 200 l. and the rest of my Lords in 100 l. a piece Mr. Att. Gen. What your Lordship pleases for that we submit to it Clerk. My Lord of Canterbury your Grace acknowledges to owe unto our Soveraign Lord the King the sum of 200 l. upon condition that your Grace shall appear in this Court on this day fortnight and so from day to day till you shall be discharged by the Court and not to depart without leave of the Court. Is your Grace contented A. B. C. I do acknowledge it Clerk. My Lord Bishop of St. Asaph you acknowledge to owe unto our Soveraign Lord the King the sum of 100 l. upon condition that your Lordship shall appear in this Court on this day fortnight and so from day to day until you shall be discharged by the Court and not to depart without leave of the Court. Is your Lordship contented Bish. of St. Asaph I do acknowledge it The like Recognizances were taken of all the rest of the Bishops and then the Court arose De Termino Sanctae Trinitatis Anno Regni Jacobi Secandi Regis Quarto In Banco Regis Die Veneris vicesimo nono die Junii 1688. in eod ' Term. Being the Feast of St. PETER and St. PAUL Dominus Rex versus Archiep. Cantuar. al. Sir Robert Wright Lord Chief Justice Mr. Justice Holloway Mr. Justice Powell Mr. Justice Allybone Judges Clerk. CRyer make Proclamation thrice Cryer Oyes Oyes Oyes Our Sovereign Lord the King streightly charges and commands every one to keep silence upon pain of Imprisonment Cl. of the Cr. Call the Defendents Cryer William Lord Archbishop of Canterbury Archbish. Here. Cryer William Lord Bishop of St. Asaph Bish. St. Asaph Here. And so the rest of the Bishops were called and answered severally Clerk. Gardez votres Challenges Swear Sir Roger Langley Cryer Take the Book Sir Roger. You shall well and truly try this Issue between our Sovereign Lord the King and William Lord Archbishop of Canterbury and others according to your Evidence So help you God. The same Oath was administred to all the Jury whose Names follow viz. Sir Roger Langley Barr. Sir William Hill Knt. Roger Iennings Esq Thomas Harriot Esq Ieoffery Nightingale Esq William Withers Esq William Avery Esq Thomas Austin Esq Nicholas Grice Esq Michael Arnold Esq Thomas Done Esq Richard Shoreditch Esq Clerk. You Gentlemen of the Jury who are sworn hearken to the Record Sir Thomas Powis Knight His Majesty's Attorney-General has exhibited an Information which does set forth as followeth ff MEmorandum That Sir Thomas Powys Knt. Attorney-General of our Lord the King who for our said Lord the King in this behalf prosecutes came here in his own person into the Court of our said Lord the King before the King himself at Westminster on Friday next after the morrow of the Holy Trinity in this Term and on the behalf of our said Lord the King giveth the Court here to understand and be informed That our said Lord the King out of his signal Clemency and gracious intention towards his Subjects of his Kingdom of England by his Royal Prerogative on the fourth day of April in the third year of the Reign of our said Lord the King at Westminster in the Country of Middlesex did publish his Royal Declaration entituled His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience bearing date the same day and year sealed with the Great Seal of England in which Declaration is contained JAMES R. pro●…t in the first Declaration before recited And the said Attorney-General of our said Lord the King on behalf of our said Lord the King further giveth the Court here to understand and be informed That afterwards to wit on the twenty-seventh day of April in the fourth year of the Reign of our said Lord the King at Westminster aforesaid in the County of Middlesex aforesaid our-said Lord the King out of his like Clemency and gracious intention towards his Subjects of his Kingdom of England by his Royal Prerogative did publish his other Royal Declaration entituled His Majesty's Gracious Declaration bearing date the same day and year last mentioned sealed with his Great Seal of England in which Declaration is contained JAMES R. Our Conduct has been such c. prout in the second Declaration before recited Which said Royal Declaration of our said Lord the King last mentioned our said Lord the King afterwards to wit on the thirtieth day of April in the fourth year of his Reign aforesaid at Westminster aforesaid in the County of Middlesex aforesaid did cause to be printed and published throughout all England and for the more solemn Declaring Notification and Manifestation of his Royal Grace Favour and Bounty towards all his Leige-people specified in the Declaration last mentioned afterwards to wit on the fourth day of May in the fourth year of his Reign at Westminster aforesaid in the County of Middlesex aforesaid our said Lord the King in due manner did Order as followeth At the Court at Whitehall the Fourth of May 1688. By the King 's most Excellent Majesty and the Lords of His Majesty's most Honourable Privy-Council IT is this day Ordered by His Majesty in Council That His Majesties late Gracious Declaration bearing date the Twenty Seventh of April last be read at the usual time of Divine Service upon the Twentieth and Twenty Seventh of this Month in all Churches and Chappels within the Cities of London and Westminster and Ten Miles thereabout And upon the Third and Tenth of Iune next in all other Churches and Chappels throughout this Kingdom And it is hereby further Ordered That the Right Reverend the Bishops cause the said Declaration to be sent and distributed throughout their several and respective Diocesses to be read accordingly W m. Bridgeman And further the said Attorney-General of our said Lord the King on behalf of our said Lord the King giveth the Court here to understand and be informed That after the making of the said Order to wit on the eighteenth day of May in the fourth year of the Reign of our said Lord the King at Westminster aforesaid in the County of Middlesex
aforesaid William Archbishop of Canterbury of Lambeth in the County of Surrey William Bishop of St. Asaph of St. Asaph in the County of Flynt Francis Bishop of Ely of the Parish of St. Andrew Holbourn in the County of Middlesex Iohn Bishop of Chichester of Chichester in the County of Sussex Thomas Bishop of Bath and Wells of the City of Wells in the County of Somerset Thomas Bishop of Peterburgh of the Parish of St. Andrew Holbourn in the County of Middlesex and Ionathan Bishop of Bristol of the City of Bristol did consult and conspire among themselves to diminish the Regal Authority Royal Prerogative Power and Government of our said Lord the King in the premises and to infringe and clude the said Order and in prosecution and execution of the Conspiracy aforesaid They the said William Archbishop of Canterbury William Bishop of St. Asaph Francis Bishop of Ely Iohn Bishop of Chichester Thomas Bishop of Bath and Wells Thomas Bishop of Peterburgh and Ionathan Bishop of Bristol on the said eighteenth day of May in the fourth year of the Reign of our said Lord the King aforesaid with Force and Arms c. at Westminster aforesaid in the County of Middlesex aforesaid falsly unlawfully maliciously seditiously and scandalously did frame compose and write and caused to be framed composed and written a certain false feigned malicious pernicious and seditious Libel in writing concerning our said Lord the King and his Royal Declaration and Order aforesaid under pretence of a Petition and the same false feigned malicious pernicious and seditious Libel by them the aforesaid William Archbishop of Canterbury William Bishop of St. Asaph Franois Bishop of Ely Iohn Bishop of Chichester Thomas Bishop of Bath and Wells Thomas Bishop of Peterburgh and Ionathan Bishop of Bristol with their own hands respectively being subscribed on the day and year and in the place last mentioned in the presence of our said Lord the King with Force and Arms c. did publish and cause to be published in which said false feigned malicious pernicious and seditious Libel is contained The humble Petition c. prout before in the Petition to these words reasonable construction in manifest contempt of our said Lord the King and of the Laws of this Kingdom to the evil example of all others in the like case offending and against the Peace of our said Lord the King his Crown Dignity c. Whereupon the said Attorney-General of our said Lord the King on behalf of our said Lord the King prays the Advice of the Court here in the premises and due Process of Law to be made out against the aforesaid William Archbishop of Canterbury William Bishop of St. Asaph Francis Bishop of Ely Iohn Bishop of Chichester Thomas Bishop of Bath and Wells Thomas Bishop of Peterburgh and Ionathan Bishop of Bristol in this behalf to answer our said Lord the King in and concerning the premises c. T. Powys W. Williams To this Information the Defendents have pleaded Not Guilty and for their Trial have put themselves upon their Country and his Majesty's Attorney-General likewise which Country you are Your Charge is to enquire whether the Defendents or any of them are guilty of the matter contained in this Information that hath been read unto you or Not Guilty If you find them or any of them Guilty you are to say so and if you find them or any of them Not Guilty you are to say so and hear your Evidence Cryer make Proclamation Cryer O yes If any one will give Evidence on behalf of our Sovereign Lord the King against the Defendents of the matters whereof they are impeached let them come forth and they shall be heard Mr. Wright May it please your Lordship and you Gentlemen of the Jury this is an Information exhibited by his Majesty's Attorney-General against the most Reverend my Lord Archbishop of Canterbury and Six other Honourable and Noble Bishops in the Information mentioned And the Information sets forth That the King out of his Clemency and benign intention towards his Subjects of this Kingdom did put forth his Royal Declaration bearing date the fourth day of April in the third year of his Reign entituled His Majesty's Gracious Declaration to all his Loving Subjects for Liberty of Conscience and that afterwards the twenty-seventh of April in the fourth year of his Reign he published another Declaration both which have been read to you and for the further Manifestation and Notification of his Grace in the said Declaration bearing date the twenty-seventh of April last his Majesty did order That the said Declaration should be read on the twentieth and twenty-seventh of the same month in the Cities of London and Westminster and ten miles about and on the third and tenth of Iune throughout the whole Kingdom and that the Right Reverend the Bishops should send the said Declaration to be distributed throughout their respective Diocesses to be read accordingly But that the said Archbishop and Bishops the eighteenth of May in the said fourth year of his said Majesty's Reign having conspired and consulted among themselves to diminish the King's Power and Prerogative did falsly unlawfully maliciously and scandalously make compose and write a false scandalous malicious and seditious Libel under pretence of a Petition which Libel they did publish in the presence of the said King the Contents of which Libel you have likewise heard read To this they have pleaded Not Guilty You Gentlemen are Judges of the Fact if we prove this Fact you are to find them Guilty Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury your have heard this Information read by the Clerk and it has been likewise opened to you at the Barr but before we go to our Evidence perhaps it may not be amiss for us that are of Council for the King now in the beginning of this Cause to settle the Question right before you as well to tell you what my Lords the Bishops are not prosecuted for as what they are First I am to tell you and I believe you cannot your selves but observe that my Lords are not prosecuted as Bishops not much less are they Prosecuted for any point or matter of Religion but they are Prosecuted as Subjects of this Kingdom and only for a temporal Crime as those that have injured and affronted the King to his very Face for it is 〈◊〉 to be done in his own Presence In the next place they are not Prosecuted for any No●…easance or not doing or omitting to do any thing but as they are Actors for ce●…ring of his Majesty and his Government and for giving their Opinion in Matters wholly relating to Law and Government and I cannot omit here to take notice that there is not any one thing which the Law is more iealous of or does more carefully provide for the prevention and punishment of than all accusations and arra●…ents of the Government no Man is allowed to
whole Kingdom It is such a Security We desire without the burden and constraint of Oaths and Tests which have been unhappily made by some Governments but could never support any nor should Men be advanced by such means to Offices and Employments which ought to be the Reward of Services Fidelity and Merit We must conclude that not only good Christians will joyn in this but whoever is concerned for the increase of the Wealth and Power of the Nation It would perhaps prejudice some of our Neighbours who might lose part of those vast Advantages they now enjoy if Liberty of Conscience were settled in these Kingdoms which are above all others most capable of Improvements and of Commanding the Trade of the World. In Pursuance of this great Work we have been forced to make many changes both of Civil and Military Officers throughout Our Dominions not thinking any ought to be employed in Our Service who will not contribute towards the establishing the Peace and Greatness of their Country which We most earnestly desire as unbiassed Men may see by the whole Conduct of Our Government and by the Condition of Our Fleet and of Our Armies which with good management shall be constantly the same and greater if the Safety or Honour of the Nation require it We recommend these Considerations to all Our Subjects and that they will reflect on their present Ease and Happiness how for above three Years that it hath pleased God to permit Us to Reign over these Kingdoms We have not appeared to be that Prince Our Enemies would have made the World afraid of Our chief Aim having been not to be the Oppressor but the Father of Our People of which We can give no better Evidence than by conjuring them to lay aside all private Animosities as well as groundless Jealousies and to choose such Members of Parliament as may do their part to finish what We have begun for the Advantage of the Monarchy over which Almighty God hath placed Us being resolved to call a Parliament that shall meet in November next at farthest Quam quidem Regalem Declarationem dicti Domini Regis nunc ultimo mentionatam idem Dominus Rex nunc postea scilicet tricesimo die Aprilis Anno Regni sui quarto supra dicto apud Westmonasterium praedictum in Comitatu Middlesexiae praedicto imprimi per totam Angliam publicari causavit pro magis solemni demonstratione notificatione manifestatione gratiae suae Regiae benignitatis benevolentiae suae ad omnes ligeos suos in eadem Declaratione ultimo mentionata specificatos postea scilicet quarto die Maii Anno Regni sui quarto apud Westmonasterium praedictum in Comitatu Middlesexiae praedicto idem Dominus Rex debito modo ordinavit prout sequitur At the Court at Whitehall the 4th of May 1688. It is this Day Ordered by His Majesty in Council That His Majesty's late Gracious Declaration bearing Date the 27th of April last be read at the usual time of Divine Service upon the 20th and 27th of this Month in all Churches and Chappels within the Cities of London and Westminster and Ten Miles thereabout and upon the 3d. and 10th of Iune next in all other Churches and Chappels throughout this Kingdom And it is hereby further Ordered That the Right Reverend the Bishops cause the said Declaration to be sent and distributed throughout their several and respective Diocesses to be read accordingly Et ulterius idem Attornatus dicti Domini Regis nunc Generalis pro eodem Domino Rege dat Curiae hic intelligi informari quod post Confectionem praedicti ordinis scilicet decimo octavo die Maii Anno Regni dicti Domini Regis nunc quarto supradicto apud Westmonasterium praedictum in Comitatu Middlesexiae praedicto Willielmus Archiepiscopus Cantuariensis de Lambeth in Comitatu Surriae Willielmus Episcopus Asaphensis de St. Asaph in Comitatu Flintiae Franciscus Episcopus Eliensis de Parochia Sancti Andreae Holborn in Comitatu Middlesexiae Iohannes Episcopus Cicestrensis de Cicestria in Comitatu Sussexiae Thomas Episcopus Bathenensis Wellensis de Civitate Wells in Comitatu Somersetiae Thomas Episcopus Petriburgensis de parochia sancti Andreae Holborne in Comitatu Middlesexiae Ionathan Episcopus Bristolensis de Civitate Bristol inter se consuluerunt conspiraverunt ad diminuendam Regiam Authoritatem Regalem Praerogativam Potestatem Regimen ejusdem Domini Regis nunc ' in praemissis ●…ac ad eundem Ordinem infringendum eludendum ac in prosecutione executione conspirationis praedictae ipsi iidem Willielmus Archiepiscopus Cantuariensis Willielmus Episcopus Asaphensis Franciscus Episcopus Eliensis Iohannes Episcopus Cicestrensis Thomas Episcopus Bathonensis Wellensis Thomas Episcopus Petriburgensis Ionathan Episcopus Bristollensis dicto decimo octavo die Maii Anno regni dicti Domini Regis nunc quarto supradicto vi armis c. apud Westmonasterium praedictum in Comitatu Middlesexiae praedicto illicitè malitiosè seditiosè scandalosè quoddam falsum fictum pernitiosum seditiosum libellum in scriptis de eodem Domino Rege Regali Declaratione Ordine praedictis praetensu Petitionis fabricaverunt composuerunt scripserunt fabricari componi scribi causaverunt eundem falsum fictum malitiosum pernitiosum seditiosum libellum per ipsos praedictum Willielmum Archiepiscopum Cantuariensem Willielmum Episcopum Asaphensem Franciscum Episcopum Eliensem Iohannem Episcopum Cicestrensem Thomam Episcopum Bathonensem Wellensem Thomam Episcopum Petriburgensem Ionathamum Episcopum Bristollensem manibus suis propriis respective subscriptum die anno loco ultimo menconatis in praesentiâ dicti Domini Regis nunc vi armis co publicaverunt publicari causaverunt in quo quidem falso ficto malitioso pernitioso seditioso libello continetur The Humble Petition of William Archbishop of Canterbury and of divers of the Suffragan Bishops of that Province now present with him in behalf of themselves and others of their absent Brethren and of the Clergy of their respective Diocesses Humbly sheweth THAT the great Averseness they find in themselves to the distributing and publishing in all their Churches Your Majesties late Declaration for Liberty of Conscience proceedeth neither from any want of Duty and Obedience to Your Majesty our Holy Mother the Church of England being both in her Principles and in her constant Practice unquestionably Loyal and having to her great Honour been more than once publickly acknowledged to be so by Your Gracious Majesty nor yet from any want of due Tenderness to Dissenters in relation to whom they are willing to come to such a Temper as shall be thought fit when that matter shall be considered and setled in Parliament and Convocation But among many other Considerations from this especially because that Declaration is founded upon such a dispensing Power as hath been often declared illegal