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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

given upon the doing of it For there Sir Robert Sawyer has laid the Foundation of his distinction and if that shall draw any person under a Commitment then say I in my Judgment wherever there is a seditious Libel there is that which is an actual breach of the Peace for I am sure there is that which is sufficient to require Sureties of the Peace I controvert not the right of the Peers one way or other but only declare my opinion That this is a fact that comes within the Rule laid down by them That what will require Sureties of the Peace is a breach of the Peace Mr. Iust. Holloway God forbid that in a Case of this Nature any one should take upon him here to say that every Misdemeanour were a breach of the Peace I say not so but certainly there are some such Misdemeanours as are breaches of the Peace and if here be such a Misdemeanour before us then it is acknowledged that even in Parliament time a priviledged person might be Committed for it For in Treason Felony and breach of the Peace priviledge does not hold I will not take upon me as my Brother said to determine concerning the priviledge of the Peers it is not of our Cognizance nor have we any thing to do either to enlarge or confine priviledge nor do we determine whether this be such a Libel as is charged in the Information that will come in question another time but certainly as this Case is the Information ought to be read and my Lords ought to appear and plead to it Ld. Ch. Iust. Certainly we are all of us here as tender of the priviledges of Peers as any in the World can be and as tender as we would be and ought to be in trying any man's right it becomes us to do it with great respect and regard to my Lords the Bishops and therefore I would be as careful if that were the question before me to consider very well before I give my opinion as ever I was in my life But when I see there can come no mischief at all to the priviledges of the Peers by what is agreed on all hands I think I may very justly give my opinion for here is the question Whether the fact charged in the Warrant be such a Misdemeanour as is a breach of the Peace and the words of the Warrant which is now upon the Record being such as have been recited I cannot but think it is such a Misdemeanour as would have required Sureties of the Peace and if Sureties were not given a Commitment might follow and therefore I think the Information must be read Mr. Attor Gen. We pray the Clerk may read it Clerk reads Middlesex ss Memorand That Sir Thomas Powys Knight Attorney General of our Lord the KING who for our said Lord the KING in this behalf Sues comes in his own person here 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 for our said Lord the KING gives the Court here to understand and be informed that our said Sovereign Lord the KING out of His Signal Clemency Mr. Soll. Gen. Read it as it is in Latin. Bish. of Peterborough My Lord We desire it may be read in English for we don't understand Law-Latin Mr. Soll. Gen. No my Lords the Bishops are very learned Men we all know pray read it in Latin. Clerk reads Memorundum Quod Thomas Powys Miles Attornatus Domini Regis nunc Generalis qui pro eodem Domino Rege in hac parte sequitur in propr●…a Persona sua venit hic in Curia dict' Domini Regis coram ipso Rege apud Westmonasterium Die Veneris proxime post crastinum Sanctae Trinitatis isto eodem ●…ermino pro eodem Domino Rege Dat Curiae hic intelligi informari quod dictus Dominus Rex nunc ex insigni Clementia benigna Intentione suis erga Subd●…os su●…s Regni ●…ui Angliae per Regiam suam Praerogativam quarto Die Aprilis Anno Regni Dict' Domini Regis nunc Tertio apud Westmonasterium in Comitatu Middlesexiae Declarationem suam Intitulatam His Majesties Gracious Declaration to all his Loving Subjects for Liberty of Conscience gerentem Datum eisdem Die Anno Magno Sigillo suo Ang●…ae Sigi●…dtim publicavit in qua quidem Declaratione continetur IAMES R. IT having pleased Almighty GOD not only to bring Us to the Imperial Crowns of these Kingdoms through the greatest difficulties but to preserve Us by a more than ordinary Providence upon the Throne of Our Royal Ancestors There is nothing now that We so earnestly desire as to Establish Our Government on such a Foundation as may make Our Subjects happy and Unite them to Us by Inclination as well as Duty which We think can be done by no means so effectually as by Granting to them the Free Exercise of their Reilgion for the time to come and add that to the perfect enjoyment of their property which has never been in any case invaded by Us since Our coming to the Crown which being the two things men value most shall ever be preserved in these Kingdoms during Our Reign over them as the truest methods of their Peace and Our Glory We cannot but heartily wish as it will easily be believed that all the People of Our Dominions were Members of the Catholick Church yet We humbly thank Almighty GOD it is and hath of long time been Our constant Sense and Opinion which upon diverse occasions We have declared that Conscience ought not to be constrained nor People forced in matters of meer Religion It has ever been directly contrary to Our Inclination as We think it is to the Interest of Government which it destroys by spoiling Trade depopulating Countries and discouraging Strangers and finally that it never obtained the end for which it was imployed And in this We are the more Co●…medi by the Reflections We have made upon the conduct of the four last Reigns For after all the frequent and pressing endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the success has not answered the design And that the difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our Loving Subjects that they may live at ease and quiet and for the increase of Trade and encouragement of Strangers have thought fit by Virtue of Our Royal Prerogative to issue forth this Our Declaration of Indulgence making no doubt of the Concurrence of Our two Houses of Parliament when we shall think it convenient for them to meet In the first place we do Declare that We will Protect and Maintain Our Arch-bishops Bishops and Clergy and all other Our Subjects of the Church of England in the Free Exercise of their Religion as by Law Established and in the quiet

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

when I reflect what an inconsiderable number of men began it and how long they carried it on without any opposition I hope every body will be convinced that the Militia which hath hitherto been so much depended upon is not sufficient for such Occasions and that there is nothing but a good force of well disciplined Troops in constant pay that can defend us from such as either at home or abroad are disposed to disturb us And in truth my concern for the peace and quiet of my Subjects as well as for the safety of the Government made me think it necessary to increase the number to the proportion I have done this I owed as well to the honour as to the security of the Nation whose Reputation was so infinitely exposed unto all our Neigbours by having lain open to this late wretched Attempt that it is not to be repaired without keeping such a Body of Men on foot that none may ever have the thoughts again of finding us so miserably unprovided It is for the support of this great Charge which is now more than double to what it was that I ask your assistance in giving me a Supply answerable to the Expence it brings along with it And I cannot doubt but what I have begun so much for the honour and defence of the Government will be continued by you with all the chearfulness and readiness that is requisite for a Work of so great importance Let no man take Exception that there are some Officers in the Army not qualified according to the late Tests for their Imployments The Gentlemen I must tell you are most of them well known to me and having formerly served with me on several Occasions and always approved the Loyalty of their Principles by their Practices I think them fit now to be employed under me and will deal plainly with you that after having had the benefit of their Services in such time of need and danger I will neither expose them to disgrace nor my self to the want of them if there should he another Rebellion to make them necessary to me I am afraid some men may be so wicked to hope and expect that a difference may happen between you and me upon this Occasion but when you consider what advantages have risen to us in a few months by the good understanding we have hitherto had what wonderful effects it has already produced in the change of the whole scene of Affairs abroad so much more to the honour of the Nation and the figure it ought to make in the World and that nothing can hinder a further progress in this way to all our satisfactions but Fears and Jealousies amongst our selves I will not apprehend that such a misfortune can befall us as a Division or but a Coldness between me and you nor that any thing can shake you in your Steadiness and Loyalty to me who by God's blessing will ever make you all returns of kindness and protection with a Resolution to venture even my own Life in the defence of the true Interest of this Kingdom Sir Rob. Sawyer Turn to the Commons Journal the 16th of November 1685. The Journal of the House of Commons put in Clerk reads Die Lune xvi die Novemb. 1685. Most Gracious Sovereign We your Majesty's most Loyal and Faithful Subiects the Commons in Parliament assembled do in the first place as in duty bound return your Majesty our most humble and hearty thanks for your great care and conduct in the suppression of the late Rebellion which threatned the overthrow of this Government both in Church and State and the uttermost extirpation of our Religion by Law established which is most dear unto us and which your Majesty has been pleased to give us repeated assurances you will always defend and support which with all grateful hearts we shall ever acknowledg We further crave leave to acquaint your Majesty That we have with all duty and readiness taken into our consideration your Majesty's gracious Speech to us and as to that part of it relating to the Officers in the Army not qualified for their Imployment according to an Act of Parliament made in the 25th year of the Reign of your Majesty's Royal Brother of blessed memory Intituled An Act for preventing danger that may happen by Popish Recusants We do out of our bounden duty humbly represent unto your Majesty That those Officers cannot by Law be capable of their Imployments and that the Incapacities they bring upon themselves thereby can no ways be taken off but by Act of Parliament Therefore out of the great deference and duty we owe unto your Majesty who has been graciously pleased to take notice of their Services to you we are preparing a Bill to pass both Houses for your Royal Assent to indemnify them from the Penalties they have now incurred and because the continuance of them in their Employments may be taken to be a dispencing with that Law without Act of Parliament the consequence of which is of the greatest concern to the Rights of all your Majesty's Dutiful and Loyal Subjects and to all the Laws made for the security of their Religion We therefore the Knights Citizens and Burgesses of your Majesty's House of Commons do most humbly beseech your Majesty that you would be graciously pleased to give such directions therein that no Apprehensions or Iealousies may remain in the hearts of your Majesty's good and faithful Subjects Mr. Polixfen My Lord We pray that these half dozen lines of the Statute 1 Eliz. may be read A Statute-book was then produced by Mr. Ince L. C. J. No We will have it read out of our own Book which was delivered into Court. Clerk reads This is 1 Eliz. cap. 2. An Act for Uniformity of Religion c. Whereabout is it Mr. Ince 'T is the 15th Paragraph at these words And for the due execution c. Clerk Reads And for due Execution hereof the Queens most Excellent Majesty the Lords Spiritual and Temporal in this present Parliament Assembled do in Gods Name earnestly Require and Charge all the Archbishops Bishops and other Ordinaries that they shall endeavour themselves to the utmost of their knowledge that the due and true Execution hereof may be had throughout their Diocesses and Charges as they will answer before God for such Evils and Plagues wherewith Almighty God may justly punish his people for neglecting this good and wholsome Law. Mr. Serjeant Levinz No●… my Lord if your Lordship pleases the Charge is a Charge for a Libel and there are two things to be Considered First Whether the Bishops did deliver this Paper the King 〈◊〉 tha●… leave upon the Evidence that has been given 〈◊〉 〈◊〉 say them has been no direct proof of that In the next place Supposing they did deliver this Petition to the King Whether this be a Libel upon the Matter of it the manner of delivering it 〈◊〉 the Persons that did it And with submission my Lord this cannot