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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

accuse even the most inferior Magistate of any misbehaviour in his Office unless it be in a legal Course though the Fact is true no Man may say of a Justice of Peace to his Face that he is unjust in his Office no Man may come to a Judge either by Word or Petition You have given an unjust or an ill Judgment and I will not obey it it is against the Rules and Law of the Kingdom or the like no Man may say of the great Men of the Nation much less of the great Officers of the Kingdom that they do act unreasonably or unjustly or the like least of all may any Man say any such thing of the King for these matters tend to possess the People that the Government is ill administred and the Consequence of that is to set them upon desiring a Reformation and what that tends to and will end in we have all had a sad and too dear bought Experience the last Age will abundantly satisfie us whither such a thing does tend Men are to take their proper remedies for Redress of any Grievances they lye under and the Law has provided sufficiently for that These things are so very well known to all Men of the Law and indeed to all the People of England of any Understanding that I need not nor will not stand any longer upon it but come to the matter that is now before you Gentlemen to be Tryed The Fact that we have laid we must prove rather to keep to the formality of a Tryal than to pretend to inform you or tell you what you do not know it is all publickly notorious to the whole World but because we must go on in the regular methods of Law we shall prove the Facts in the order they are laid in the Information First We take notice that His Majesty of his great Clemency and Goodness to his People and out of his desire that all his Subjects might live easily under him of which I think never Prince gave greater or more plain Evidence of his Intentions that way the fourth of April 1687. He did issue forth his Royal Declaration for Liberty of Conscience this matter without all question was welcome to all his People that stood in need of it and those that did not could not but say the thing in the nature of it was very Just and Gracious but presently it must be surmised that the King was not in Earnest and would or nor could not make good his Promise but to take away all Surmises his Majesty was pleased by his Declaration of the twenty seventh of April last not only to repeat his former Declaration but likewise to renew his former Promises to his People and to assure them that he still was and yet is of the same Opinion that he had at first declared himself to be of nay we further shew you that to the end that this thing might be known to all his People even to the meanest Men who it may be were not willing or able to buy the Declaration and that the King himself might be under higher Obligations if it were possible than his own Word he was desirous it should be repeated in the Churches and read in that Sacred Place that all his People might hear what he had promised and given his own Sacred Word for and he himself might be under that Solemn Tye and Obligation to keep his Word by remembring that his Promises had by his own Command been Published in the time of Divine Service in the House of God and thereupon was the Order of Council made that has been likewise read to you which does direct that it should be read in all the Churches and Chappels in the Kingdom and you have heard and we shall prove what a return His Majesty has had for this Grace and Kindness of his you 'l find when we come to read that which they call a Petition all their Thanks his Majesty had for his Favour and Goodness to his People 't is only hard Words and a heavy Accusation such as a private Person would be little able to bear I will not aggravate the matter but only say thus much that His Majesty who was always a Prince of as great Clemency as ever this Kingdom had and who was represented for all that as a Prince of the greatest Cruelty before his accession to the Crown by his Enemies is now accused by his Friends for this Effect of his Mercy My Lord and Gentlemen of the Jury His Majesty resented this ill usage so far that he has ordered and thought fit to have a publick Vindication of his Honour in this matter by this Tryal and we shall go on to our Proofs and we do not doubt but you will do his Majesty as you do all other Persons Right Mr. Sol. Gen. My Lord we will go on to prove the Parts of this Information and we will proceed according to the Method which Mr. Attorney has opened and which is pursuant to the order of the Facts laid in the Information Give us the first Declaration under the Great Seal the Declaration of the 4th of April 1687. The Declaration was delivered into the Court. Mr. Sol. Gen. Read the Date of it first Clerk Reads Given at our Court at Whitehall the 4th day of April 1687 and in the third Year of our Reign Mr. Sol. Gen. Read the Title of it Sir. Clerk. It is Entituled His Majesties Gracious Declaration to all his Loving Subjects for Liberty of Conscience Sir Rob. Sawyer Is it under Seal Is the Great Seal to it Mr. Sol. Gen. Give it down to Sir Robert Sawyer that he may see it for I would have every thing as clear as possible Sir Robert Sawyer will you have it Read Sir Rob. Sawyer No we would save as much of the time of the Court as may be Mr. Sol. Gen. Then pray put in the Second Declaration of the 27th of April last Clerk Reads Given at our Court at Whitehall the 27th day of April 1688. in the fourth Year of our Reign and it is Entituled His Majesties Gracious Declaration Sir Rob. Sawyer Is that under the Great Seal too Clerk. Yes it is Mr. Sol. Gen. Deliver that down likewise that they may see it Sir Rob. Sawyer We are satisfied you need not read it Mr. Sol. Gen. Then where is the Order of Council for the Reading of it Mr. At. Gen. Swear Sir Iohn Nicholas There he is Sir Iohn Nicholas Sworn Lord Ch. Iust. Come Mr. Attorney what do you ask Sir Iohn Nicholas Mr. Sol. Gen. Hand the Order to Sir Iohn Nicholas Is that the Order of Council Sir Iohn Sir John Nicholas The Book Sir is not in my Custody there is the Register that keeps it he has it here to produce Mr. Sol. Gen. Swear Mr. Gantlett Mr. Gantlett Sworn Mr. Sol. Gen. Is that the Council Book Mr. Gantlett Yes this is the Council Book Mr. Sol. Gen. Then turn to the Order of the fourth

of May the King's Order of Council for the Reading the Declaration Mr. Gantl●… There it is Sir. The Book delivered into Court. Mr. Sol. Gen. Read it I Pray Clerk Reads At the Court at Whitehall the fourth of May 1688. and so reads the Order of Council Mr. Sol. Gen. My Lord we have one thing that is mentioned in the Information that this Declaration was Printed if that be denied we will call Henry Hills his Majesties Printer because we would prove all our Information as it is laid Lord Ch. Iust. You must do so Mr. Sollicitor you must prove the whole Declaration Mr. Sol. Gen. Cryer call Henry Hills He was called but did not presently appear Mr. Sol. Gen. Call Mr. Bridgman though these Declarations prove themselves we have them here Printed but Swear Mr. Bridgeman Mr. Bridgeman Sworn Mr. Sol. Gen. Shew Mr. Bridgeman the two Declarations Lord Ch. Iust. What do you ask him Mr. Sol. Gen. We ask you Sir if the two Declarations were Printed Mr. Bridgeman What Declarations do you mean Mr. Solliitor Mr. Sol. Gen. You know what Declarations I mean well enough but we●…l ask you particularly you know the Declaration that was made the 4th of April in the third Year of the King. was it Printed Mr. Bridgeman Yes it was Printed by the King's Order Mr. Sol. Gen. Was that of the 27th of April in the 4th Year of the King Printed Mr. Bridgman Yes they were both Printed by the King's Order Mr. At. Gen. Then the next thing in course is the Bishops Paper Sir Rob. Sawyer Mr. Bridgeman pray let me ask you one Question Did you ever compare the Print with that under Seal Mr. Bridgeman I did not compare them Sir Robert Sawyer Mr. Sol. Gen. He does Swear they were Printed by the King's Order Sir Robert Sawyer Good Mr. Sollicitor give me leave to ask him a Question Can you Swear then that they are the same Mr. Bridgman I was not asked that Question Sir. Mr. Sol. Gen. Come then Mr. Bridgeman I 'le ask you Do you believe they are the same Sir Rob. Sawyer Is that an Answer to my Question Mr. Sol. Gen. We must ask him Questions as well as you Sir Robert what say you Do you believe it to be the same Lord Ch. Iust. You hear Mr. Sollicitors Question answer it Mr. Bridgeman Mr. Bridgeman Yes my Lord I do believe it Lord Ch. Iust. Well that 's enough Mr. At. Gen. If there were occasion we have them here Compared and they are the same Sir Rob. Sawyer With Submission my Lord in all these Cases if they will prove any Fact that is laid in an Information they must prove it by those that know it of their own Knowledge Do you know it to be the same Mr. Sol. Gen. That 's very well Sir. Sir Rob. S●…yer Ay so it is Mr. Sollicitor It is a wonderful thing my Lord that we cannot be permitted to ask a Question Do you know it to be the same Mr. Bridgeman I ask you again Mr. Bridgeman I have not compared them I tell you Sir Robert Sawyer Sir Rob. Sawyer Then that is no Proof Lord Ch. Iust. Would you have a Man Swear above his Belief he tells you he believes it is the same Sir Rob. Sawyer Is that Proof of an Information Lord Ch. Iust. Well you 'l have your time to make your Objections by and by Mr. At. Gen. Then Swear Sir Iohn Nicholas Sir Iohn Nicholas I am Sworn already Mr. At. Gen. I see you have a Paper in your Hand Sir Iohn Nicholas pray who had you that Paper from Sir Iohn Nicholas I will give you an Account of it as well as I can Mr. Pollixfen Before they go to another thing my Lord we think they have failed in their Proof of their Information about the Printing this Declaration Mr. At. Gen. Where is Mr. Hills Mr. Iust. Allyb. They have laid That it was printed by the King's Order and it is such a matter Mr. Sollicitor as you may clear if you will sure Mr. Sol. Gen. There is Mr. Hills now I see him L. C. Iust. I was going to give Order that you should send to the Printing-house for him Mr. Iust. Allyb. They may put this matter out of doubt too if they will on the other side for I see they have a Copy in Print and there 's the Original they may compare them if they please Mr. Sol. Gen. I am very glad to hear such a strong Objection Sir Rob. Sawyer We would clear the way for you Mr. Sollicitor Mr. Sol. Gen. No you put Straws in our way we shall be able enough to clear it without your help Swear Mr. Hills and young Mr. Graham here Hills and Graham sworn Mr. Sol. Gen. Mr. Graham did you compare any of these Printed Declarations with the Original Graham Yes I did compare some of them and did make Amendments as I went along Mr. Sol. Gen. 〈◊〉 one that you have compar'd with the Original Mr. Att. Gen. Hills is here himself we 'll ask him Are you sworn Sir Cryer He is sworn Mr. Att. Gen. Pray were the King's Declarations for Liberty of Conscience printed both of them Hills Ay an 't please you Sir. Mr. Att. Gen. You printed them I think Hills Yes I did print them Sir Rob. Sawyer Mr. Hills you say they were printed Upon your Oath after they were printed did you examin them with the Original under Seal Hills They were examined before they were printed Sir Rob. Sawyer Did You examin them Hills I did not here 's one that did Mr. Sol. Gen. Who is that Hills It is Mr. Williams here Mr. Sol. Gen. Swear him Williams sworn Mr. Sol. Gen. Do you hear Williams Do you know that the King's Declaration for Liberty of Conscience two of them one of the 4th of April and the other of the 27th of April were printed Williams Yes my Lord. Mr. Sol. Gen. Did you examin them after they were printed by the Copy they were printed by Williams Yes I did Mr. Sol. Gen. Where had you the Copy who had you it from Williams I had it from Mr. Hills Sir Rob. Sawyer Mr. Williams did you examin them with the Original under the Great Seal Williams The First Declaration I did Sir Rob. Sawyer The Second Declaration is the main Williams The Second was Compos'd by the First Sir Rob. Sawyer Why is there no more in the Second Declaration than there was in the First Williams Yes there is Sir. Sir Rob. Sawyer Did you examin That with the Original under the Great Seal Williams No I did not Mr. Sol. Gen. Can any one tell who did examin it under the Great Seal Mr. Finch Pray what did you examin it by Mr. Williams Williams By a Copy that I receiv'd from Mr. Hills Mr. Att. Gen. Then we will go on and we desire Sir Iohn Nicholas to give an account where he had that Paper that he has in his hand Mr. Finch My Lord it does not appear that

remember whether or no they were asked if that was the Petition that they delivered to the King Mr. Bridgm. My Lord I have answered that question as directly as I can I do not positively remember that that was the question Lord Ch. Iust. Mr. Solicitor General you must be satisfied when proper questions are fairly answered and therefore pray be quiet Mr. Att. Gen. However we pray we may ask the rest of the Clerks of the Counsel it may be they may remember more Sir Iohn Nicholas you were at the Council-Table that day my Lords the Bishops were examined about this Paper Sir Iohn Nicholas Yes Sir I was Mr. Att. Gen. Pray did you observe that the King produced the Petition Sir Iohn Nicholas No indeed I did not see it Mr. Att. Gen. Did you observe any thing that passed there in discourse Mr. Sol. Gen. Did you observe any questions that were asked the Bishops either by the King or by my Lord Chancellor Sir Iohn Nich. I think my Lord Chancellor did ask them if that was their hands to the Petition and they owned it Mr. Sol. Gen. Do you remember whether they owned that they delivered that Paper to the King Lord Ch. Iust. I 'le ask you Sir Iohn Nicholas did my Lord Chancellor ask them this question is this the Petition you delivered to the King Sir Iohn Nicholas I do not remember that Then there was a great shout Mr. Sol. Gen. Here 's wonderfull great rejoycing that truth cannot prevail Mr. S. Pemberton No Mr. Solicitor truth does prevail Mr. Sol. Gen. You are all very glad that truth is stifled Mr. Serjeant Mr. S. Trinder Pray Sir Iohn Nicholas let me ask you one question was there any discourse about delivering that Petition to the King Sir Iohn Nicholas Indeed I do not remember it Mr. Sol. Gen. There is Mr. Pepy's wee 'll examine him Mr. Pepy's sworn Lord Ch. Iust. Come I 'le ask the questions were you bye at the Council-Board when my Lords the Bishops were committed Mr. Pepy's Yes I was Lord Ch. Iust. What were the questions that were asked either by the King or by my Lord Chancellor Mr. Pepy's My Lord I would remember as well as I could the very words and the very words of the question were I think My Lords do you own this Paper I do not remember any thing was spoken about the delivering but I believe it was understood by every body at the Table that that was the Paper that they had delivered Lord Ch. Iust. Well have you done now But to satisfie you I 'le ask this question was this question asked my Lords was this the Paper you delivered to the King Mr. Pepy's No my Lord. Mr. Att. Gen. Pray Sir do you remember whether the King himself asked the question Mr. Pepy's You mean I suppose Mr. Attorney that these were the words or something that imported their delivering it to the King. Mr. Att. Gen. Yes Sir. Mr. Pepy's Truly I remember nothing of that Mr. Sol. Gen. Did you observe any discourse concerning their delivery of it to the King. Mr. Pepy's Indeed Mr. Solicitor I do not Mr. Att. Gen. Swear Mr. Musgrave Mr. Musgrave Sworn Lord Ch. Iust. You hear the question Sir what say you to it Mr. Musg My Lord I will give as short an acount of it as I can the first time after his Majesty had produced the Petition and it was read at the Board his Grace my Lord Arch Bishop of Canterbury and the other six Reverend Lords Bishops were called in and it were asked of them if they owned that or if it was their hands my Lord Archbishop in the name of the rest did decline answering upon the account that they were there as Criminals and were not obliged to say any thing to their own prejudice or that might hurt them hereafter but if his Majesty would command them and if he would promise that no advantage should be made of whatsoever they confessed then they would answer the question his Majesty made no answer to that but only said he would do nothing but what was according to Law whereupon the Bishops were ordered to withdraw and being called in a second time the Petition was shewn to them and they were asked if they did own it or if it was their hands and I think my Lord Archbishop did say then we will rely upon your Majesty or some such general thing was said and then they did all own it that it was their hands I cannot say the Petition was read to them Mr. Iust. Pow. Mr. Blathwait as I remember it was the third time Mr. Musgrave It was the second time to the best of my remembrance Lord Ch. Iust. Pray Sir was there any question to this purpose is this the Paper you delivered to the King Mr. Musg I do not remember that ever any such direct question was asked Mr. Iust. Allybone But as my Brother Pemberton did very well before distinguish there is a great deal of difference between the owning the subscription of a Paper and between the owning of that Paper Mr. Pepy's did say that they did own the Paper and upon my word that will look very like a Publication Mr. Musg I remember my Lord there was at the same time a question asked because several Copies had gone about the Town whether they had published it and my Lord Archbishop did say he had been so cautious that he had not admitted his own Secretary but writ it all himself and the rest of the Bishops did say they did not publish it nor never gave any Copies of it Mr. Att. Gen. My Lord I confess now it is to be left to the Jury upon this point whether there not being a positive Witness that was by when the thing was done yet upon this Evidence the Jury can't find any otherwise than that the thing was done truly I think we must leave it as a strong case for the King I could have wished indeed for the satisfaction of every body that the proof would have come up to that but we must make it as strong for the King upon the Evidence given as it will bear now my Lord take all this whole matter together here is a Paper composed framed and written by seven learned Men and this must be written by such persons sure for some purpose it is directed as a Petition to the King and this Petition did come to the hands of the King for the King produces it in Counsel and my Lord Archbishop and the rest of the Bishops owned their hands to it then the question is my Lord whether or no there be any room for any body living to doubt in this case that this was not delivered by my Lords the Bishops to the King though it be not a conclusive Evidence of a positive Fact yet unless they shew something on the other side that may give way for a supposition to the contrary that it came out of their hands by surprize or

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