+Source.+--Bishop Kennet's _Complete History_, vol. iii., pp. 484-486.
1706 edition.
On June 15, came on the Bishop's Tryal, the most Important, perhaps,
that was ever known before in Westminster-Hall; not only Seven Prelates
Contending for the Rights of the _Anglican_ Church, but Seven Peers of
the Realm Standing up for the Liberties of England. The Court of
King's-Bench being Sat, His Majesty's Attorney-General mov'd for a
_Habeas Corpus_, directed to Sir _Edward Hales_ Lieutenant of the
_Tower_, to bring up His Grace the Lord Arch-Bishop of _Canterbury_, and
the Six Bishops; which was granted, and the Prisoners were accordingly
brought up by Water. At their Landing, they were receiv'd by several
Divines, and Persons of Quality, and by a vast Concourse of People, who
with repeated acclamations uttered wishes for their Deliverance. On the
Bench sate Sir Robert Wright, Lord Chief-Justice, and Mr. Justice
Holloway, two of the King's Creatures; Mr. Justice _Powell_ a Protestant
of great Integrity, and Mr. Justice Allibone a profess'd Papist. The
Councel for the King, was Sir _Thomas Powis_ Attorney-General, Sir
William Williams Solicitor-General, Sir _Bartholomew Shower_ Recorder of
_London_, Serjeant _Trinder_ a Papist, etc. And for the Prisoners, Sir
_Robert Sawyer_, Mr. _Finch_, Mr. _Pollexfen_, Sir _George Treby_,
Serjeant _Pemberton_, Serjeant _Levinz_, and the last and greatest, Mr.
_Somers_. The Court was extremely fill'd, and with Persons of the
Highest Quality, as if they interpos'd in the last Tryal for the
Liberties of the Church and Nation; The Marquesses of _Hallifax_ and
_Worcester_, the Earls of _Shrewsbury_, _Kent_, _Bedford_, _Dorset_,
_Bullingbrooke_, _Manchester_, _Burlington_, _Carlisle_, _Danby_,
_Radnor_ and _Nottingham_; Viscount _Falconberg_, and the Lords Grey of
_Ruthyn_, _Paget_, _Shandois_, _Vaughan_, and _Carberry_. The Return and
Warrant being read, the Attorney-General mov'd, That the Information
might be read to the Prisoners, and that they might immediately Plead to
it. This Motion the Bishops' Councel opposed; Objecting, First, that the
Prisoners were Committed by the Lord Chancellor, and some other of the
Privy Council, without expressing the Warrant, That it was by Order of
the Privy-Council; and therefore, That the Commitment was Illegal, and
that the Prisoners were not Legally in Court. And, Secondly, That the
Fact for which they were Committed was such, as they ought not to have
been Imprison'd for; because a Peer ought not to be Committed, in the
first Instance, for a Misdemeanor. Judge _Powel_ refused to deliver his
Opinion, before he had consulted Books: But the Lord Chief-Justice,
Judge _Allibone_ and Judge _Holloway_ Agreed, That the Fact charg'd in
the Warrant, was such a Misdemeanor, as was a Breach of the Peace; and
therefore, That the Information ought to be read, and the Bishops must
Plead to it. After the reading of the Information, the Bishops' Councel
desir'd that they might have an Imparlance till the next Term, to
consider what they had to Plead. Sir Samuel _Astry_, Clerk of the Crown,
being ask'd what was the Course of the Court? Answer'd, that of late
Years, if a Man appear'd upon a Recognizance, or was a Person in
Custody, he ought to Plead at the first Instance; but that he had known
it to be at the Discretion of the Court to grant what Line they pleas'd.
After this Answer, the Lord Chief-Justice declar'd, That the Bishops
should now Plead to the Information. Thereupon the Lord Arch-Bishop of
_Canterbury_ offer'd a Plea in behalf of himself and his Brethren the
other Defendants, alledging, _That they were Peers of this Kingdom of_
ENGLAND, _and Lords of Parliament, and ought not to be compell'd to
Answer instantly, for the Misdemeanour mentioned in the Information; but
that they ought to be requir'd to Appear by due Process of Law; and upon
their Appearance, to have a Copy of the said Information, and reasonable
Time given them to Imparle thereupon_. The King's Councel labour'd hard
to have the Plea rejected. After a long Debate, Judge _Powel_ said, He
was for receiving the Plea, and Considering of it; but the rest of the
Judges declar'd for Rejecting of it: So the Prisoners at last Pleaded,
_Not Guilty_. The King's Councel pray'd, the Clerk might join Issue on
behalf of the King; and desir'd the Defendants to take Notice, That they
intended to Try this Cause on that Day Fortnight; adding That they were
Bailable, if they pleas'd. Sir _Robert Sawyer_ desir'd, that their own
Recognizance might be taken; which was readily granted.
On _June 29_ the Bishops Appear'd before the Court of _King's Bench_,
according to their Recognizance, the Appearance being still greater than
a Fortnight before; for there were now present the Marquesses of
_Halifax_, and _Worcester_, the Earls of _Shrewsbury_, _Kent_,
_Bedford_, _Pembroke_, _Dorset_, _Bullenbrooke_, _Manchester_, _Rivers_,
_Stamford_, _Carnarven_, _Chesterfield_, _Scarsdale_, _Clarendon_,
_Danby_, _Sussex_, _Radnor_, _Nottingham_ and _Abington_, Viscount
_Falconberg_, and the Lords _Newport_, _Grey_ of _Ruthyn_, _Paget_,
_Shandois_, _Vaughan_, _Carberry_, _Lumley_, _Carteret_ and _Ossulston_.
This splendid Appearance was chiefly owing to the indefatigable Care and
Solicitation of the Clergy, and especially of the Reverend Dr.
_Tennison_. And indeed, the making such a Figure in the Court, had
possibly some good Effect upon the Jury, if not upon the Bench: And it
was afterwards observ'd by way of Jesting upon Words _That the Bishops
were Deliver'd by the_ Nobilee _before, and the_ Mobilee _behind_. The
Information being Read, and Open'd to the Jury; the Attorney-General, to
take off the Odium of this Prosecution, and in some measure to pacify
the People, who could not forbear showing their Resentments, even in the
face of the Court, began with Observing, First, That the Bishops were
not Prosecuted as Bishops, much less for any Point or Matter of
Religion, but as Subjects of this Kingdom, and only for a Temporal
Crime, as having censur'd and Affronted the King to his very Face.
Secondly, That they were not Prosecuted for Omitting to do any thing;
but as they were Actors in Accusing, and, in effect, of Arraigning His
Majesty, and his Government &c. A great deal of Time was spent in
Proving, that the Petition produc'd in Court, was the Hand writing of
the Arch-Bishop of _Canterbury_; That it was Signed by him and the Six
Bishops; And that it was the same which was Presented to His Majesty.
After an Elaborate Proof of these Particulars, by the Depositions of Sir
_John Nicholas_ ... and by the Earl of _Sunderland_, who in Court
affirm'd, That he Introduced the Bishops, and was in the Room when they
deliver'd the said _Petition_ to His Majesty. The Fact being Prov'd, the
Bishop's Councel were very Learned and Eloquent in Defence of their
Clients: Mr. _Somers_ spoke last, and mention'd the great Case of
_Thomas_ and _Sorrel_ in the _Exchequer-Chamber_, upon the Validity of a
_Dispensation_; urging, That there it was the Opinion of every one of
the Judges, That there never could be an Abrogation, or a Suspension
(which is a Temporary Abrogation) of an Act of Parliament, but by the
Legislative Power: That indeed it was Disputed, how far the King might
Dispense with the Penalties in such a particular Law, as to particular
Persons; but it was Agreed by all, That the King had no Power to Suspend
any Law: That by the Law of all Civiliz'd Nations, If the Prince does
require something to be done, which the Person who is to do it takes to
be Unlawful; it is not only Lawful, but his Duty, _Rescribere Principi_;
which is all the Bishops had done here, and that in the most humble
manner: That as to Matters of Fact alleg'd in the said _Petition_, there
cou'd be no Design to Diminish the Prerogative, because the King had no
such Prerogative: That the _Petition_ cou'd not be Seditious, because it
was Presented to the King in Private, and Alone; Nor False, because the
Matter of it was True; Nor Malicious, for the Occasion was not sought,
the Thing was press'd upon them; Nor, in short, a Libel, because the
Intent was Innocent, and they kept within the Bounds set by the Act of
Parliament, that gives the Subject leave to apply to his Prince by
Petition, when he is aggriev'd.
When the Councel on both sides had done, Chief-Justice _Wright_ summ'd
up the Evidence, and told the Jury, That Sometimes the _Dispensing
Power_ had been allow'd, as in Richard IId's time, and sometimes deny'd;
but that it was a Question out of the present Case; If they believ'd the
Petition to be the same that was Presented by the Bishops to the King,
then the Publication was sufficiently Prov'd: And whatever tended to
Disturb the Government, or make a Stir among the People, was certainly
within the Name of _Libellus Famosus_; and his opinion, in short, was,
That the Bishops _Petition_ was a _Libel_.
Mr. Justice _Holloway_ declar'd, That the End and Intention of every
Action was to be Consider'd: That the Bishops were Charg'd with
Delivering a _Petition_ which, according to their Defence, was done with
all the Humility and Decency imaginable: That the Delivering of a
_Petition_ could be no fault, it being the right of every Subject to
_Petition_: Therefore, if the Jury were satisfy'd, They did it with no
Ill Intention, but only to shew the Reasons for their Disobedience to
the King's Command, he cou'd not think it to be a _Libel_.
Mr. Justice _Powel_ more plainly declar'd, That He could discern no
Sedition or any other Crime fixed upon the Bishops, since there was
nothing offer'd by the King's Councel to render the _Petition_ False,
Seditious or Malicious. He admonish'd the Jury to Consider that the
Contents of the _Petition_ were, That the Bishops Apprehended the
_Declaration to be Illegal, as being founded upon a_ Dispensing Power
_claim'd by the King_; and that for his Part he did not remember in any
Case in all the Law, that there was any such Power in the King, and if
not, the _Petition_ could not be a Libel. He concluded with telling
them, That he could see no Difference between the King's Power to
_Dispense_ with the Laws Ecclesiastical, and his Power to Dispense with
any Laws whatsoever: That if this was once allow'd of, there would be no
need of Parliaments, and all the Legislature would be in the King, and
so he left the Issue to God and their Consciences.
Mr. Justice _Allibone_ was prepossess'd against Protestant Bishops, and
to deliver his Opinion of their Guilt, he laid down Two odd Positions;
1. That no Man can take upon him to Write against the Actual Exercise of
the Government, unless he have Leave from the Government, but he makes a
Libel by what he Writes, whether True or False. 2. That no private Man
can take upon him to Write concerning the Government; and therefore if
he intrudes himself into the Affairs of the Publick, he is a Libeller
for so doing. These Positions he back'd by a Resolution of the Judges of
King James 1st's Time; _That to frame a_ Petition _to the King to put
the Penal Laws in Execution, was next Door to Treason_; which is a gross
Misquotation, instead of a Petition _against the Penal Laws_, and for
which, being taken up by Justice _Powel_ and Serjeant _Pemberton_,
little Heed was given to any thing he said afterwards. Whereupon the
Jury withdrew, sat up all Night, and next Morning brought in the
Reverend Prelates, _Not Guilty_.
There were immediately very Loud Acclamations thro' _Westminster_-Hall,
and the Words _Not Guilty_, _Not Guilty_, went round with such Shouts
and Huzza's, that the King's Sollicitor mov'd very earnestly that such
as had shouted in the Court might be Committed; whereupon a Gentleman of
_Grey's-Inn_ was laid hold on, but soon discharged with this short
Reproof from the Chief-Justice; "_Sir, I am as glad as you can be that
Lords the Bishops are Acquitted but ... you might Rejoice in your
Chamber ... and not here_."
THE INVITATION TO THE PRINCE OF ORANGE
(1688).
+Source.+--Mackintosh: _History of the Revolution in England, in 1688_.
London, 1834. Appendix III., p. 691. (Reprinted from MS. in British
Museum.)
We have great satisfaction to find, by 35, and since, by Mons.
Zuylistein, that your Highness is so ready and willing to give us such
assistance as they have related to us. We have great reason to believe
we shall be every day in a worse condition than we are, and less able to
defend ourselves, and, therefore, we do earnestly wish we might be so
happy as to find a remedy before it be too late for us to contribute to
our own deliverance; but, although these be our wishes, yet we will by
no means put your Highness into any expectations which may misguide your
own councils in this matter; so that the best advice we can give is, to
inform your Highness truly both of the state of things here at this
time, and of the difficulties which appear to us. As to the first, the
people are so generally dissatisfied with the present conduct of the
government in relation to their religion, liberties, and properties (all
which have been greatly invaded); and they are in such expectations of
their prospects being daily worse, that your Highness may be assured
there are nineteen parts of twenty of the people throughout the kingdom
who are desirous of a change; and who, we believe, would willingly
contribute to it, if they had such a protection to countenance their
rising, as would secure them from being destroyed, before they could get
to be in a posture able to defend themselves: it is no less certain,
that much the greatest part of the nobility and gentry are as much
dissatisfied, although it be not safe to speak to many of them
beforehand; and there is no doubt but that some of the most considerable
of them would venture themselves with your Highness at your first
landing, whose interest would be able to draw great numbers to them,
whenever they could protect them, and the raising and drawing men
together; and, if such a strength could be landed as were able to defend
itself and them, till they could be got together into some order, we
make no question but that strength would be quickly increased to a
number double to the army here, although their army should remain firm
to them; whereas we do, upon very good grounds, believe, that their army
then would be very much divided among themselves; many of the officers
being so discontented, that they continue in their service only for a
subsistence (besides that some of their minds are known already): and
very many of the common soldiers do daily show such an aversion to the
Popish religion, that there is the greater probability imaginable of
great numbers of deserters which would come from them, should there be
such an occasion; and amongst the seamen, it is almost certain that
there is not one in ten who would do them any service in such a war.
Besides all this, we do much doubt whether this present state of things
will not yet be much changed to the worse, before another year, by a
great alteration, which will probably be made both in the officers and
soldiers of the army, and by such other changes as are not only to be
expected from a packed parliament, but what the meeting of any
parliament, in our present circumstances, may produce against those who
will be looked upon as principal obstructers of their proceedings there;
it being taken for granted, that, if things cannot then be carried to
their wishes in a parliamentary way, other measures will be put in
execution by more violent means; and, although such proceedings will
then heighten the discontent, yet such courses will, probably, be taken
at that time, as will prevent all possible means of relieving ourselves.
These considerations make us of opinion, that this is a season in which
we may more probably contribute to our own safeties than hereafter
(although we must own to your Highness there are some judgments
differing from ours in this particular), in so much that, if the
circumstances stand so with your Highness, that you believe you can get
here time enough in a condition to give assistance this year sufficient
for a relief under those circumstances which have been now represented,
we who subscribe this will not fail to attend your Highness upon your
landing, and to do all that lies in our power to prepare others to be in
as much readiness as such an action is capable of, where there is so
much danger in communicating an affair of such a nature, till it be near
the time of its being made public. But, as we have already told your
Highness, we must also lay our difficulties before your Highness; which
are chiefly, that we know not what alarum your preparations for this
expedition may give, or what notice it will be necessary for you to give
the states beforehand, by either of which means their intelligence or
suspicions here may be such as may cause us to be secured before your
landing; and we must presume to inform your Highness, that your
compliment upon the birth of the child (which not one in a thousand here
believes to be the Queen's) hath done you some injury; the false
imposing of that upon the Princess and the nation being not only an
infinite exasperation of people's minds here, but being certainly one of
the chief causes upon which the declaration of your entering the Kingdom
in a hostile manner must be founded upon your part, although many other
reasons are to be given on ours. If, upon a due consideration of all
these circumstances, your Highness shall think fit to venture upon the
attempt, or, at least, to make such preparations for it as are necessary
(which we wish you may), there must be no more time in letting us know
your resolution concerning it, and in what time we may depend that all
the preparations will be ready; as also whether your Highness does
believe the preparations can be so managed as not to give them warning
here, both to make them increase their force, and to secure those they
shall suspect would join with you. We need not say any thing about
ammunition, artillery, mortar-pieces, spare arms, etc., because, if you
think fit to put any thing in execution, you will provide enough of
these kinds, and will take care to bring some good engineers with you;
and we have desired Mr. H.[21] to consult you about all such matters, to
whom we have communicated our thoughts in many particulars too tedious
to have been written, and about which no certain resolutions can be
taken till we have heard again from your Highness.
25 24 27 29 31 35 33
SH.[22] DEV.[23] DANBY LUMLEY LONDON[24] RUSSELL[25] SYDNEY[26]
[21] Admiral Herbert.
[22] Shrewsbury.
[23] Devonshire.
[24] Compton, Bishop of London.
[25] Admiral Russell.
[26] Henry Sidney.