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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 IOHN Lord Bishop of Chichester THOMAS Lord Bishop of Bath and Wells THOMAS Lord Bishop of Peterborough And IONATHAN Lord Bishop of Bristol In the Court of Kings-Bench at Westminster in Trinity-Term in the Fourth Year of the Reign of King Iames the Second Annoque Dom. 1688. Licensed and Entred according to Act of Parliament LONDON Printed for Thomas Basset at the George in Fleet street and Thomas Fox at the Angel in Westminster-Hall 1689. TO HIS Most Illustrious HIGHNESS WILLIAM HENRY Prince of Orange May it please Your Highness HOW deeply the Design was laid and with what Violence carry'd on by those who lately Steer'd the Helm of this State for the Subversion of the Establish'd Religion and Government of these Three Kingdoms is already sufficiently well known to Your Highness Among the rest one of their Chiefest Contrivances was by a Malicious and Illegal Prosecution to have extinguish'd the Brigthest Luminaries of the English Church to the end that the benighted People might the more easily after that have been misled into the Pitfals of Superstition and Slavery But as Heaven began their Disappointment in eluding both at once there Subtilty and Malice by the speedy Deliverance of the Seven Renowned Sufferers from the Jaws of their Oppressors So the utter Dissolution of their Arbitrary Command and Domineering Power under the Conduct of the same Providence was fully Compleated Great SIR by Your Deliberative Prudence and Undaunted Courage To Your Illustrious Highness therefore the Oblation of these Sheets containing an exact Accompt of the Prosecution and Tryal of those Heroick Prelates is most justly due as being That wherein Your Higness may in part discern the Justice of the Cause You have so Generously undertaken and that it was not without Reason that the English Nation so loudly Implor'd Your timely Assistance A clear convincement that it was not Ambition nor the desire of spacious Rule but a Noble and Ardent Zeal for the most Sacred Worship of God which rows'd Your Courage to rescue a Distressed Land whose Religion Laws and Liberties were just ready to have been overwhelm'd with French Tyranny and Romish Idolatry Therefore that the Nation may long continue under the Protection of Your Glorious Administration is the Prayer of Great SIR Your Highnesses most Humble Most Faithful and most Obedient Servants Tho. Basset Tho. Fox December 13. 1688. NOT long after the Tryal of his Grace the Lord Archbishop of Canterbury and the other Six Bishops and while the Passages thereof were fresh in my Memory I perused that Copy of this Proceeding and Tryal which Mr. Ince their Lordships Attorney had caused to be taken for their Use And I have also lately read over the same again as intended to be printed by Mr. Basset and Mr. Fox And I do think it to be a very Exact and True Copy of the said Proceeding and Tryal according to the best of my Judgment having been very careful in perusing thereof Ioh. Powel These Peers were present on the 15th Day of Iune 1688. when the Lords the Archbishop and Bishops were brought into Court from the Tower upon the Habeas Corpus VIZ. Lord Marquis of Hallifax Lord Marquis of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Burlington Earl of Carlisle Earl of Danby Earl of Radnor Earl of Nottingham Lord Viscount Fauconberge Lord Grey of Ruthyn Lord Paget Lord Chandoys Lord Vaughan Carbery These Peers were present on the Day of the Tryal being the 29th of Iune 1688. and the Feast of St. Peter and St. Paul. VIZ. Lord Marquis of Hallifax Lord Marquis of Worcester Earl of Shrewsbury Earl of Kent Earl of Bedford Earl of Pembrook Earl of Dorset Earl of Bullingbrook Earl of Manchester Earl of Rivers Earl of Stamford Earl of Carnarvon Earl of Chesterfield Earl of Scarsdale Earl of Clarendon Earl of Danby Earl of Sussex Earl of Radnor Earl of Nottingham Earl of Abington Lord Viscount Fauconberge Lord Newport Lord Grey of Ruthyn Lord Paget Lord Chandoys Lord Vaughan Carbery Lord Lumley Lord Carteret Lord Ossulston 'T is possible more of the Peers might be present both Days whose Names by reason of the Croud could not be taken De Termino Sanctae Trinitatis Anno Regni Jacobi Secundi Regis Quarto In Banco Regis Die Veneris Decimo Quinto Die Junii 1688. Dominus Rex versus Archiep. Cantuar. al. Sir Robert Wright Lord Chief Justice Mr. Justice Holloway Mr. Justice Powell Mr. Justice Allybone Judges THIS being the first day of the Term His Majesties Attorney General as soon as the Court of Kings Bench was sat moved on the behalf of the King for a Habeas Corpus returnable immediate directed to the Lieutenant of the Tower to bring up his Grace the Lord Arch-Bishop of Canterbury and the Bishops of St. Asaph Ely Chichester Bath and Wells Peterborough and Bristol which was granted And with great dispatch about eleven a Clock the very same day the Lieutenant returned his Writ and brought the said Lord Arch-Bishop and Bishops into Court where being set down in Chairs set for that purpose Mr. Attorney-General moved the Court. Viz. Mr. Att. Gen. My Lord I pray that the Writ and Retorn may be read by which my Lords the Bishops are brought hither Lo. Ch. Iust. Read the Retorn Clerk reads the Retorn which in English is as follows viz. I Sir Edward Hales Baronet Lieutenant of the Tower of London named in the Writ to this Schedule annext To Our M●… Serene Lord the King do most humbly certifie That before the coming of the said Writ to wit the Eighth day of June in the Fourth Year of the Reign of our Lord James the Second King of England c. William Lord Arch-bishop of Canterbury 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 mentioned in the aforesaid Writ were committed and delivered to and are retained in my Custody by Vertue of a certain Warrant under the Hands and Seals of George Lord Jeffries Baron of Wem Lord High Chancellor of England Robert Earl of Sunderland Lord President of the Privy Council of our Lord the King Henry Lord Arundel of Warder Keeper of the Pivy Seal of our said Lord the King William Marquess of Powis John Earl of Mulgrave Lord Great Chamberlain of England Theophilus Earl of Huntingtou Henry Earl of Peterborough William Earl of Craven Alexander Earl of Moray Charles Earl of Middleton John Earl of Melfort Roger Earl of Castlemain Richard Viscount Preston George Lord Dartmouth Sidney Lord Godolphin Henry Lord Dover Sir John Earnly Knight Chancellor of the

Exchequer of our said Lord the King Sir Edward Herbert Knight Chief Iustice of the Common Bench of our Lord the King and Sir Nicholas Butler Knight Lords of his Majesties Most Honourable Privy Council to me directed the Tenor of which Warrant follows in these Words viz. THESE are in his Majesties Name and by his Command to require you to take into your Custody the Persons of William Lord Arch-bishop of Canterbury William Lord Bishop of St. Asaph Francis Lord Bishop of Ely Iohn Lord Bishop of Chichester Thomas Lord Bishop of Bath and Wells Thomas Lord Bishop of Peterborough and Ionathan Lord Bishop of Bristol For Contriving Making and Publishing a Seditious Libel in Writing against his Majesty and his Government and them safely to keep in your Custody until they shall be delivered by due Course of Law For which this shall be your sufficient Warrant At the Council Chamber in White-Hall this Eighth day of Iune 1688. And this is the Cause of the taking and detaining c. Lord Ch. Iust. Well What do you desire Mr. Attorney Mr. Att. Gen. We pray for the King that the Return may be filed L. Ch. Iust. Let it be filed Mr. Att. Gen. By this Retorn your Lordship observes what it is my Lords the Bishops were committed to the Tower for it is by Warrant from the Council Board where when their Lordships appeared they were not pleased to give their Recognizances to appear here as they were required by the King to do and there upon they were committed to the Tower and now come before the Court upon this Retorn of the King 's Writ of Habeas Corpus and by the Retorn it does appear it was for Contriving Writing Framing and Publishing a Seditious Libell against His Majesty and the Government My Lord it is our Duty who are the King's Councel pursuant to our Orders to prosecute such kind of Offences and when the proper time shall come for us to open the nature of the Offence your Lordships will then judge what reason there is for this Prosecution but in the mean time what we are now to offer to your Lordship is The Officer of this Court has an Information against his Grace the Archbishop of Canterbury and the rest of my Lords the Bishops which we desire may be read to them and pray that they may plead to it according to the Course of the Court. Sir Rob. Sawyer If it please your Lordship to spare us a word for my Lords the Bishops Mr. Att. Gen. My Lord We pray for the King the Information may be read Sir Rob. Sawyer We define to be heard a word first Mr. Soll. Gen. We oppose your speaking any thing till the Information hath been read Sir Rob. Sawyer But what we have to offer is proper before it be read Mr. Att. Gen. Your time is not yet come Sir Robert. Sir Rob. Sawyer Yes this is our proper time for what we have to say and therefore we move it now before there be any other proceedings in this matter Mr. Soll. Gen. It is irregular to move any thing yet pray let the Information be read first Mr. S. Pemberton If your Lordship please to spare us we will offer nothing but what is fit for us to do Sir Rob. Sawyer And now is our proper time for it Mr. Soll. Gen. Gentlemen You do know the way of Proceeding in such Cases better than so I am sure as for you Sir Robert Sawyer you have often oppos'd any such Motion as irregular and I hope the Case is not alter'd however you may be the course of the Court is the same Sir Rob. Sawyer With submission if your Lordship please to spare me a word that which I would move is to discharge my Lords the Bishops upon this Return and from their Commitment upon this Warrant Mr. Att. Gen. Surely these Gentlemen think to have a Liberty above all other People here is an Information which we pray my Lords the Bishops may hear read and plead to Mr. Soll. Gen. Certainly Sir Rob. Sawyer you would not have done thus half a year ago Sir Rob. Sawyer What would not I have done I move regularly with Submission to discharge my Lords the Bishops from their Commitment If they are not here legally Imprisoned now they are before your Lordships upon this Writ then you will give us leave to move for their Discharge before any thing else be said to them and that is it we have to say to demand the Judgment of the Court upon this Return whether we are legally Imprisoned Mr. Att. Gen. Under Favour my Lord neither the Court nor they are ripe for any Motion of this Nature yet Mr. S. Pemberton If we do not move it now it will afterwards I fear be too late Mr. Soll. Gen. These Gentlemen are very forward but certainly they mistake their time this is a Habeas Corpus that 's brought by the King and not by the Prisoners and therefore they are too soon till they see what the King has to say to them Mr. Att. Gen. Your Lordship cannot as yet be moved for your Judgment about the Legality of this Commitment because this Writ was granted upon our Motion who are of Councel for the King and upon this Writ they are brought here and what is it we desire for the King Certainly nothing but what is Regular we have here an Information for the King against my Lords and we desire they may plead to it Mr. S. Pemberton Good my Lord will you please to hear us a little to this Matter L. C. Iust. Brother Pemberton we will not refuse to hear you by no means when you speak in your proper time but it is not so now for the King is pleased by his Attorney and Sollicitor to Charge these Noble Persons my Lords the Bishops with an Information and the Kings Councel call to have that Information read but you will not permit it to be read Mr. S. Pemberton Pray my Lord spare us a word if we are not here as Prisoners regularly before your Lordship and are not brought in by the due Pro●… of the Court then certainly the Kings Councel or the Court have no Power to charge us with an Information therefore we beg that you will hear us to that in the first place whether we are Legally here before you Mr. Soll. Gen. These Gentlemen will have their proper time for such a Motion hereafter Mr. Pollexfen No Mr. Soll. this is without all Question our only time for it we shall have no time afterwards Mr. Att. Gen. Yes you will for what do we who are of Councel for the King now ask of the Court but that this Information may be read when that is done if we move to have my Lords the Bishops plead then they may move what they will but before we make that Motion they cannot break in upon us with their Motion and with Submission to your Lordship whether my Lords the Bishops were duely Committed

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

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

the Copy that was printed is the true Copy of the Declaration Mr. Att. Gen. He says he had it from Mr. Hills Mr. Finch Pray Mr. Hills what did you examin that Copy by which you gave to Mr. Williams Hills I had the Copy from Mr. Bridgeman Mr. Finch Did you examin it with the Original under the Great Seal Hills I did not examin it I had it from Mr. Bridgeman Mr. Finch What was it under Seal Mr. Bridgeman It was the Original signed by the King. Mr. Finch But I ask you was it under Seal Mr. Bridgeman Not under the Great Seal it was not it was the very Declaration the King signed Sir Rob. Sawyer But it ought to be compar'd with the Original or it is no good proof that it is the same Mr. Sol. Gen. Sir Robert Sawyer you understand Collation better sure you should be asham'd of such a weak Objection as this Williams We never bring our Proof to the Great Seal Sir Rob. Sawyer But if you will have it Proof at Law you must have it compared with the Original Mr. Sol. Gen. Do you think there is any great stress to be laid upon that we only say it was printed Sir Rob. Sawyer But you have made it part of your Information and therefore you must prove it L. C. Iust. I think there 's proof enough of that there need no such nicety Mr. Pollixfen Well my Lord we must submit let them go on we won't stand upon this Mr. Att. Gen. Then pray let me go on Where had you that Paper Sir Iohn Nicholas Sir Iohn Nicholas I had this Paper from the King's Hand L. C. Iust. Put it in Mr. Sol. Gen. Who had you it from do you say Sir I. Nich. From the King. Mr. Sol. Gen. About what time had you it from the King Sir Sir I. Nich. I had it twice from the King. Mr. Sol. Gen. When was the first time Sir Sir I. Nich. The first time was in Council the 8th of this month Mr. Sol. Gen. What became of it afterwards Sir I. Nich. The King had it from me the 12th and the 13th I had it from the King again Mr. Sol. Gen. Pray deliver it this way into the Court We will now go on and prove the Bishops hands to it This is the Paper upon which we bring this Information Gentlemen it is all the Hand-writing of my Lord Archbishop and signed by Him and the rest of the Bishops Mr. Att. Gen. I suppose my Lords the Bishops will not put us to prove it they will own their Hands L. C. Iust. Yes Mr. Attorney their Council will put you to prove it I perceive your best way is to ask nothing of them Mr. Att. Gen. My Lord we will desire nothing of them we will go on to our Proofs Call Sir Thomas Exton Sir Richard Raynes Mr. Brooks Mr. Recorder and Mr. William Middleton Sir Thomas Exton appeared and was sworn L. C. Iust. What do you ask Sir Thomas Exton Mr. Att. Gen. Pray convey that Paper to Sir Thomas Exton Mr. Sol. Gen. Shew that Paper to Sir Thomas Exton Sir Thomas I would ask you one question Do you know the Hand-writing of my Lord Archbishop of Canterbury Sir Thomas Exton I 'll give your Lordship what account I can Mr. Sol. Gen. Pray Sir answer my question Do you know his Hand-writing Sir Tho. Exton I never saw him write five times in my life Mr. Sol. Gen. But I ask you upon your Oath do you believe that to be his Hand-writing Sir Tho. Exton I do believe this may be of his Hand-writing Mr. Sol. Gen. Do you believe all the Body of it to be of his Hand-writing or only part of it Sir Tho. Exton I must believe it to be so for I have seen some of his Hand-writing and this is very like it Mr. Sol. Gen. What say you to the Name do you believe it to be his Hand-writing Sir Tho. Exton Yes I do Mr. Sol. Gen. Do you know any of the rest of the Names that are upon that Paper Sir Tho. Exton No I do not L. C. Iust. Do you for the Defendants ask Sir Tho. Exton any Question Sir Rob. Sawyer No my Lord. Mr. Att. Gen. Then call Sir Richard Raynes Sir Tho. Exton My Lord Sir Richard Raynes has been sick this month and has not been at the Commons Mr. Sol. Gen. We have no need of him Call Mr. Brooks Mr. Brooks sworn Mr. Att. Gen. Pray shew Mr. Brooks that Paper Mr. Sol. Gen. Mr. Brooks I ask you this Question Do you know my Lord Archbishop's Hand-writing Mr. Brooks Yes my Lord. Mr. Att. Gen. Pray look upon that Paper do you take that to be my Lord Archbishop's Hand Mr. Brooks Yes my Lord I do believe it to be my Lord Archbishop's Hand Mr. Att. Gen. What say you to the whole Body of the Paper Mr. Brooks I do believe it to be his Hand Mr. Att. Gen. What do you say to his Name there Mr. Brooks I do believe this Name is his Hand-writing Mr. Sol. Gen. Call Mr. William Middleton Mr. Att. Gen. Pray Mr. Brooks don't go away but look upon the Names of the Bishop of St. Asaph and my Lord of Ely. Mr. Sol. Gen. Do you know my Lord Bishop of St. Asaph's Hand-writing Mr. Brooks I have seen my Lord Archbishop of Canterbury and the Bishop of St. Asaph's Hand-writing and I do believe this is his hand Mr. Sol. Gen. Look you upon the Name of my Lord of Ely do you know his Hand-writing Mr. Brooks My Lord I am not so well acquainted with my Lord of Ely's Writing Mr. Sol. Gen. But have you seen his Writing Mr. Brooks Yes I have Mr. Sol. Gen. Is that his Writing do you think Mr. Brooks It is like it Mr. Sol. Gen. Do you believe it to be his Hand Mr. Brooks Truly I do believe it Sir Geo. Treby Did you ever see him write Mr. Brooks No Sir. Mr. Sol. Gen. But he has seen his Writing Sir Geo. Treby How do you know that it was his Hand-writing that you saw Mr. Brooks Because he own'd it L. C. Iust. How do you know it do you say Mr. Brooks I know it I say because I have seen a Letter that he writ to another person which he afterwards own'd L. C. Iust. What did he own Mr. Brooks Mr. Brooks That he wrote a Letter to another person which I saw Sir Geo. Treby To whom Sir Sir Rob. Sawyer Have you the Letter here Sir Mr. Brooks No Sir the Letter was writ to my Lord Bishop of Oxford Sir Geo. Treby Can you tell what was in that Letter Mr. Att. Gen. What is that to this Question You ask him how he knows his Hand-writing and says he I did not see him write but I have seen a Letter of his to the Lord Bishop of Oxford L. C. Iust. And he does say my Lord of Ely own'd it to be his Hand that is there Mr. Sol. Gen. No my Lord that 's a

that you received as you say were written by my Lord himself or by his Secretary Mr. Clavell I have received Letters from him and his Secretary too Sir G. Treby But were you present with him when he writ any Letters with his own Hand Mr. Sol. Gen. You do not mean a Letter to your self sure Sir George Sir G. Treby No Sir I say any Letters Mr. Clavell I have been present with my Lord often but I cannot say I have seen my Lord write L. C. I. He has here told you he has had several Letters of my Lords own Hand and from his Secretary too Mr. I. Powell He has said it but you see he says he never saw him write Mr. Sol. Gen. We have given Evidence against my Lord Arch-Bishop Lord Bishop of Ely St. Asaph Peterborough and Bristol Mr. I. Powell Certainly Mr. Sollicitor you mistake But go on Mr. Sol. Gen. We have given Evidence I say against them Sir but whether it be sufficient Evidence we shall Argue by and by Call Mr. Hooper and Mr. Chetwood again Mr. Chetwood appeared Mr. Sol. Gen. Do you know the Hand-writing of my Lord Bishop of Bath and Wells Mr. Chetwood I have seen it Twice or Thrice but it is a considerable time since I did see it Mr. Sol. Gen. Do you believe that is his Hand-writing Mr. Chetwood I never saw him writ●… his Name in my Life Mr. Sol. Gen. Pray look upon the Name and tell us what you believe of it Mr. Chetwood I believe it may but I do not certainly know it to be his Hand I rather believe it is my Lord Bishop of Bath and Wells his Hand than I believe that other to be my Lord of Peterboroughs Sir G. Treby Do you believe that to be my Lord of Peterborough's Hand or no Mr. Chetwood I say I rather believe that this is the Bishop of Bath and Wells his Writing than that which is above it or below it to be their Writing but truly I do not distinctly know my Lord Bishop of Bath and Wells his Hand Mr. Sol. Gen. Call Mr. Hooper L. C. I. You are very lame in this matter Mr. Sol. Gen. The Witnesses are unwilling and we must find out the Truth as well as we can Mr. Hooper did not appear Mr. Sol. Gen. Call Mr. Iames and Mr. Powell Mr. James appeared and was Sworn Mr Sol. Gen. Do you know my Lord Bishop of Bristol's Writing Mr. Iames Mr. Iames. Yes I believe I do but I am not so certain because my Lord Writes several times several Hands Mr. Sol. Gen. Shew him the Paper Is that my Lord of Bristol's Hand Mr. Iames. I cannot say it is or no. Mr. Sol. Gen. What do you believe Mr. Iames. It looks like his Hand and that 's all I can say Mr. Sol. Gen. But pray hearken and Answer to what I ask you you are prepared for one Question it may be and I shall ask you another upon your Oath Do you believe it to be the Hand-writing of my Lord of Bristol Mr. Iames. Upon my Oath I can only say it looks like it that 's all L. C. I. Did you ever see him Write Mr. Iames. Yes my Lord I have seen his Hand-writing several times and it is like his Hand-writing that is all I can say Mr. Sol. Gen. Sir remember you are upon your Oath and Answer my Question Mr. Iames. Upon my Oath I know no more than that Sir William Williams Mr. Sol. Gen. I ask you Sir whether you believe it to be his Hand or not Mr. Iames. My Lord it looks like his Hand and it may be his Hand Mr. Att. Gen. But you do think and believe one way or other What do you believe Mr. Iames. It may be his Hand for what I know and it may not Mr. Sol. Gen. It may be your Hand Mr. Iames. No Sir it cannot be mine I am sure Mr. Sol. Gen. What do you believe Mr. Iames. I believe it may be his Hand or it may not be his Hand that is all I can say L. C. I. Come Sir you must Answer fairly Do you believe it to be his Hand or do you not Mr. Iames. Yes I do believe it Mr. Att. Gen. You are very hard to believe methinks Mr. Iames. No I am not Mr. Sol. Gen. You do very well now Mr. Iames when you do well we 'll commend you Mr. Att. Gen. Call Mr. Nathaniel Powell Mr. Powell was Sworn Mr. Sol. Gen. Pray Sir let 's know what 's your Name Mr. Powell My Name is Nathaniel Powell Mr. Sol. Gen. Pray do you know the Hand-writing of my Lord Bishop of Chichester Mr. Powell I have not seen the Paper Sir. Mr. Sol. Gen. Do you know his Hand-writing Mr. Powell Yes I believe I do Mr. Sol. Gen. Look upon that Name of his Mr. Powell I did not see my Lord Write that Mr. Sol. Gen. Who says you did no Body asks that of you how you Answer Pray Sir remember your Oath and Answer seriously Do you believe it to be his Writing or no Mr. Powell I believe it is like my Lord's Hand-writing but I did never see him Write it Mr. Sol. Gen. No Body says you did Mr. Powell Therefore I cannot Swear positively it is his Hand Mr. Sol. Gen. We do not ask that neither Mr. Powell I cannot tell whether it be his Hand or no. L. C. I. Sir you must Answer the Question directly and seriously Do you believe it or do you not believe it Mr. Powell I cannot tell what to believe in the Case Mr. Sol. Gen. Then I ask you another Question upon your Oath Do you believe it is not his Hand Mr. Powell I cannot say that neither Mr. Sol. Gen. Once again I ask you upon your Oath Do you believe it to be his Hand I ask you plainly and let Mankind Judge of you Mr. Powell I tell you Sir I cannot tell what to believe Mr. Sol. Gen. My Lord if these things be endured there will be an end of all Testimony if Witnesses do not answer fairly to the Questions that are asked them Mr. I. Powell Truly to me for a Man to Swear his Belief in such a matter is an extraordinary thing Mr. Sol. Gen. He is obliged to answer Questions when they are fairely put to him Mr. Pollixfen I think that is a hard Question not to be Answered Mr. Sol. Gen. Make your Exceptions to the Evidence if you please L. C. I. First he says He knows his Hand then he says He has seen him write and then he says He did not see him write this but he shuffles he won't answer whether he believes it or not Mr. Pollixfen The Question is Whether belief in any case be Evidence Mr. Sol. Gen. If they have a mind to a Bill of Exceptions upon that point let them Seal their Bill and we 'll Argue it with them when they will in the mean time we 'll go on and that which we now pray my Lord is That this Paper

is not Evidence upon this Information Mr. Soll. Gen. We have proved it written and published in Middlesex Mr. Serj. Pemb. The contrivance and writing of a Libell is in itself penal and they may be punished for it if they be found guilty Now if they could give an undeniable Evidence concerning the publishing of it that is nothing to this point but if they should not give such Evidence or any Evidence at all of the publication yet if it be proved that it was written and contrived by them they would be guilty for so much if it be a Libell and this we say is local as well as all the rest and therefore we insist upon it that the writing and contriving must as well be proved to be in Middlesex as the publication for all is local L. C. Iust. There is no publishing yet proved Mr. Serj. Levinz It is true my Lord here is nothing of a Publication yet with your Lordship's favour for their Answer to His Majesty in Council was that they did not publish it all that is said yet is that they owned the Paper to be their hands My Lord does the owning of that own that it was written in the County of Middlesex or that it was contrived or made there No surely upon this Evidence the place is clearly at large My Lord this might have been done in the County of Surrey or Somerset or any other County Their Information is that they did consult and contrive to diminish the King's Prerogative at Westminster in the County of Middlesex and there they did write and cause to be written this Libell and there they did publish it suppose it should be granted that it is proved that this is the Archbishop's Hand-writing and these are their Names to it is there any one Evidence that any thing of this was done in Middlesex and my Lord that is the thing they are to prove Mr. Sommers If your Lordship please all matters of Crime are so local that if it be not proved to be done in the County where it is laid the party accused is as innocent as if he never had done the thing and with submission it is the very point of the Information that it be proved they are guilty of the Fact in the place where it is laid to be done L. C. Iust. This is the same thing over and over again but I am content to hear you Mr. Sommers at any time I have told you my opinion about reading of the Paper already if you 'll have it again you may Mr. Pollixfen Pray good my Lord spare us before it be read Mr. Iust. Holloway Mr. Pollixfen you have not yet had the Directions of the Court for the reading of it Mr. Att. Gen. My Lord when this Paper is read which we pray it may be we will answer their Objections but at present we say they are out of time Mr. Pollixfen Good Lord what a ●…ange thing is this We object against the reading of it and you 'll answer us after it is read Mr. Soll. Gen. Certainly my Lord we have done enough to prove that this is a paper owned by them in the County of Middlesex and we pray it may be read L. Ch. Iust. Truly I am of the same mind I was before that it is too soon to make the Objection and that the Paper ought to be read Mr. Soll. Gen. We submit to your Rule Mr. Pollixfen If it be the Will of the Court I have nothing to say Mr. Iust. Powell My Lord The Contrivance and Publication are both matters of Fact and upon Issue joined the Jurors are Judges of the Fact as it is laid in the Information but how can they be Judges of a matter of Fact done in another County and it must be presumed in favour of Innocence not to be done in this County but in another except they prove it Mr. Att. Gen. We are not yet ripe for arguing that point Mr. Soll. Gen. We are speaking only to the Court now for the reading of this Paper and the Jury are not Judges of that whether the Paper ought to be read or no that is merely a matter of Law and under the direction of the Court and therefore I pray since it is now in your Lordship's Judgment whether that Paper should be read that you would please to order it to be read L. C. Iust. I can only give you my own opinion let my Brothers give theirs Mr. Iust. Holloway There is no body against the reading of it my Lord I suppose my Brother Powell is not against its being read Mr. Iust. Powell But they say the King's Counsel must make it out first that the writing of it and the conspiring about it was in the County of Midds or there can be no judgment so much as to read it Mr. Pollixfen My Lord If the Objection be saved to us we shall not so much oppose the reading it only we would not be surprized in point of time Mr. Iust. Powell Nay if they consent to the reading we have no reason to hinder it L. C. Iust. Brother I believe they know well enough what they have to say for their Clients let the Paper be read Clerk reads The Humble Petition of William Archbishop of Canterbury Sir. R. Sawyer Read the whole Petition Pray my Lord that the whole may read Read the Top first Sir to whom it was directed L. C. Iust. Read the whole Clerk reads To the King 's Most Excellent Majesty 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 Dioceses Humbly sheweth THat the great aversness 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 Gratious 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 settled in Parliament and Convocation but amongst many other considerations from this especially because that Declaration is founded upon such a Dispencing Power as hath been often declared illegal in Parliament and particularly in the Years 1662 and 1672 and in the beginning of your Majesties Reign and is a matter of so great moment and consequence to the whole Nation both in Church and State that your Petitioners cannot in Prudence Honour or Conscience so far make themselves parties to it as the Distribution of it all over the Nation and the solemn Publication of it once and again even in

the question is from whom the King had it I am sure they must shew that some body else did it and unless they doe show that I hope there is no manner of question but it came from them and they did it though no man Living knew any thing of this matter but whom they thought fit to communicate it to yet still they putting the King upon the necessity of shewing this Power in order to his obtaining satisfaction for it or else he must remain under the indignity without reparation it ought to be put upon them to clear the Fact for if he does not produce it then must the King put up the highest injury and affront that perhaps a Man can give the King to his face by delivering a Libel into his own hands and if he does produce it then say they that is not our publication we prove it to be your writing and signing and we prove it to come from the hand of the King against whom it was composed for we say it is a Libel against his Majesty his Government and Prerogative if then all those cases that have been cited be Law then sure there never was a stronger case in the World than this and I hope the Law goes a little farther in the case of the King than it does in the case of a private Man no Man must think by policy to give private wounds to the Government and disparage the Administration of it and then when he is called in question about it says he pray prove that I published it or else you shall not punish me for it we prove you framed it and writ it and signed it and we prove it came to the King's hand of whom it was composed must we produce two Witnesses of the delivery of it to the King surely there will be no need of any thing of that Mr. Sol. Gen. My Lord we have reduced it now to a very narrow question for as Mr. Attorney has said my Lord there is no doubt but that my Lords the Bishops are the Authours of this Paper there is no doubt but they signed it and there is no doubt but that their signing of it though it were at Lambeth as they say is a publishing of it but however this is plain and manifest that this Paper was published and that this Paper was publi●…d in Middlesex that is as plain too now then there is nothing left but this question whether my Lords the Bishops who framed the thing who wrote the thing who signed the thing were not the occasion or cause of its publication or privy or consenting to it my Lord I will reduce it to a very plain point for we are upon a rational question before a rational Court and a rational Jury whether these Lords did all of them in the County of Surry consent to the publishing of this Paper in Middlesex for it is published in Middlesex that we see and if they are guilty of that part of the Information of causing it to be published now what do they say to it say they it is agreed that it is published in Middlesex but it is not proved to be published by us Lord Ch. Iust. No they do not say so they agree it was in Middlesex but not published Mr. Iust. Powel Mr. Solicitor they do agree it was in Middlesex but not published to be sure not by them Lord Ch. Iust. Mr. Solicitor I 'll tell you what they stand upon they say you ought to prove it to be delivered to the King by the Bishops or some body employed by them for upon that went the Resolution that was in William's case that he sent it to the King but here is no body that proves that it was delivered to the King in this case so that how it came to the King Non constat Mr. Sol. Gen. There will be the question between us whether this be not a publication Sir Rob. Sawyer Pray Mr. Solicitor prove your case before you argue it Lord Ch. Iust. First settle what the case is before it be either proved or argued Mr. Sol. Gen. My Lord I 'll put you the case here does appear in Middlesex a Paper that is a Libel in it self and this Libel is proved to be written and formed by these persons this Libel coming into Middlesex the question is whether they are privy to it I say in point of presumption it must come from them Lord Ch. Iust. I cannot suppose it I cannot presume any thing Mr. Sol. Gen. My Lord I speak of that which is a common presumption a natural presumption what we commonly call a violent presumption which is a legal presumption and has always been allowed for Evidence now whether there be not such a presumption in our Case as to induce your Lordship and the Jury to believe that it cannot be otherwise or at least to put the labour upon them to shew how it came out of their Studies and how it came to the King's hands for it is in their power to shew the truth of this matter how it was if they do not the presumption will lie upon them that the Paper came to the King that is plain enough and its coming to the King's hands is a plain proof of a publication in Middlesex and who should bring it to the King but these Gentlemen in whose power it was there is no Man undertakes to say he lost it then what else is to be believed but that it came from them I speak of common supposition and belief they may very well shew it if it were not so all that we can say in it is here is a Paper in Middlesex this you agreed was once your Paper and in your power pray shew what became of it it lies upon you to clear this doubt Mr. Recorder My Lord there is but this question in the case the question is not whether the owning it be a publication but whether here be any Evidence that they did deliver it to the King now if they did deliver it to the King that will be agreed to me to be a publication Mr. Ius Holloway No doubt of it if you can prove it Mr. Recorder Pray Sir spare me that they did it you have this Evidence first that they were the Authours of this Paper by their own Confession that this was in the County of Middlesex and that when they were asked concerning it they owned it to be their hand Writing now whether you can in the least question after all this their delivering of it to the King or that it came to the King's hands without their knowledge or consent is that which lies before your Lordship for your Judgment Lord Chief Iustice. I will ask my Brothers their Opinion but I must deal truly with you I think it is not Evidence against my Lords the Bishops Mr. Iust. Holloway Truly I think you have failed in your Information you have not proved any thing against my Lords the Bishops in