I John Archbishop of York, saving to myself all Advantages of Exceptions to the insufficiency of the said Impeachment, for myself say, That I am not Guilty of the Treason charged by the said Impeachment, in manner and form as the same is therein charged.' Then he desired a present and speedy Trial, and so withdrew. In the same manner, the rest of the Bishops were brought to the bar, and gave the same Answer. These Twelve Bishops having given in their several Answers as aforesaid, the Committees of the House of Commons went to their own house. "To the Right Honourable the Lords assembled in the House of Peers. Then a Petition of the Twelve Bishops was Trial of the Twelve Bishops, they were brought This being the day, last appointed, for the read in hæc verba : to the bar of the House of Lords, where the Managers for the Commons attended. The Lord-Keeper told those gentlemen they might now proceed against them; whereupon Mr. Glynn desired the Impeachment might be read; which being done, the Answer, or Plea, of the Bishops was also read; importing, That they were not guilty of the Treason charged against them. "The humble Petition of John Archbishop of York, and other the Bishops impeached by the House of Commons of High Treason, the 30th of December last. "Humbly sheweth; That your Petitioners, by your honourable Order of the date of the Impeachment, were to put in their Answers thereunto the 7th of this instant, and have had sithence several days for that purpose assigned them, and are now the 17th of this instant brought hither by your lordships order.They always having been, as now they are, ready to obey your lordships command, and many of them being already much impaired both in their healths and estates; Do humbly pray, that a speedy proceeding may be had therein; and that, in the mean time, they may be ad mitted to bail. Then the Petition of the Bishops was read, after which Mr. Glynn proceeded to open the on which the said Impeachment was grounded; Charge; and first desired, That the Bishops might be asked, "Whether they did subscribe the Petition now read, and whether it was their hand-writing?" To this question the Bishops refused to Answer, because they alleged, "That it was not charged in the impeachment; neither were they bound to accuse themselves." Another question was then put to them," Whe ther they consented not to the exhibiting and "And the Petitioners shall ever pray for all preferring of the Petition?" To this they said, increase of honours and divine blessings "That they would stand to their former anupon your lordships. Jo. Eborac, God-sired, That the Bishops Answer which they swer of Not Guilty." Then Mr. Glynn, defrey Gloucester, Jos. Norwic, Tho. Duresme, made voluntarily, in this house, on the 30th DeJoh. Asaph, Guil. Bath and Wells, Geo.cember last, might be read out of the Journal Hereford, Ma. Elie, Ro. Oxon, Jo. Petir Book; which being done, all the Bishops, exburgs, Mor. Landaffe, Rob. Co. and Lich.', cept the archbishop of York, voluntarily conHereupon it was ordered, That the Trial of fessed, That they subscribed the said Petition, the Twelve Bishops, shall be on the 25th in- and did own the hand-writing; but denied that stant; in the mean time the bishop of Durham they consented to the preferring of it. and the bishop of Coventry and Litchfield shall be remanded to the custody of the Black Rod, and the rest be presently remanded to the Tower. Feb. 15th, having been appointed for the Trial of the Bishops, a Message came up from the Commons, That in regard of the many great and important occasions, now depending before them, they desire the Trial might be put off till Friday come se'nnight, and that they would then desire no further time. The Lords agreed to this; but ordered, "That, in regard the Bishops had been so many times put off, from day to day, from trial, and that many of them were aged men, they should be bailed; provided they found such security as the house should approve of, for their appearance on the said day, which was to be peremptory on all sides." The Committee of the Commons then proceeded, and desired leave to examine some Witnesses to prove the falsity of the Bishops Petition, in styling it, "The Petition of all the Bishops and Prelates, now called by his majesty's writ to attend in Parliament, and present about London and Westminster." Likewise to prove that several Bishops did never give their consents to the said Petition, or ever absented themselves from Parliament, on any occasion, or reason of fear or menace; and that some of the petitioners, viz. the Bishops of Gloucester and Bath and Wells, sat in the house of lords the 28th of December last. To prove this the Bishop of Salisbury was sworn, who said, "That he was present about London and Westminster, at the time when the other bishops presented their Petition to the king and parliament: That he was not absent from parliament on any other occasion, than his attendance on the Prince, and not out of any force or menace: neither did he hear or know of that Petition, before it was brought into the house of peers, or ever consented to it before it was preferred, or since." would make their several Answers to their Charge, if they had any thing to say. Hereupon every Bishop for himself made his Answer for the matter of fact; the effect whereof was: "That, by reason of the great concourse of people, and their menaces, they were afraid to come to the Parliament, which was the cause of preferring the aforesaid Petition and Protestation, to preserve their Rights in Parliament, without any intention to commit any treasonable act, or destroy the fundamental laws and being of parliaments, as is charged in the impeachment against them." After this, Mr. Glyn replied, and made some observations of the words of the Protestation in the Petition; and observed the circumstances of the body of the Fetition, which he pressed by way of aggravation: "It is said, in their Petition, that they can find no redress or protection upon sundry com Next the Bishop of Winchester, upon oath, deposed, "That, ever since the last recess, he hath been resident in and about London and Westminster, and attending the Parliament; that he was sent for to come to the archbishop of York the day after the great tumult, at the dean of Westminster's house, where were several other Bishops present; the said archbishop then said, That they had been affronted, and shewed a draught of a Petition, and read it to them. Some speaking of Amendments to it, the archbishop said, "It was hastily done, and might be made better," or words to that effect: That then the Archbishop left them, and, it being late, he went home himself. After-plaints made to both houses; and they do prowards he heard no more of this matter, until he, being in the Parliament House, saw a Petition there under the Twelve Bishops hands; and thinks that it was, in effect, agreeable with the aforesaid draught, although, he said, there have been some alterations made therein. He further said, That he never gave any consent to the delivery of the said Petition to the king or to the lords in parliament. Also, that on the 29th of December last, he, being coming to the parliament by water, met the earl of Newburgh, between the landing place at the Parliament-stairs and the Parliamenthouse; who asked him, Whither he was going, and told him there were none of his brethren, the Bishops, in the house; and thereupon he turned back. He likewise said, that either on that day, or some other about that time, he was coming in a boat towards the shore, to land at the Parliament-stairs; and seeing a company of 'Prentices, and others standing on the shore, crying, 'No Bishops! some called out to him, and advised him not to land there; and thereupon he caused the boat where he was to turn of, and to carry him to Lambeth, where he sent for his coach to carry him home. He further said, that he never absented himself from parliament, at any other times, except pon private occasions." Then the Bishop of London was sworn, who said, "He had been resident in and about London, ever since the last recess of this parliament: that, being at the latter place the day the Twelve Bishops were committed to the Tower, he was told of it, and the reason of their commitments: That the next day he came to the house of lords, where he saw the Petition which the said Bishops had presented; but did never hear of it before: that the only reason he came not to parliament, was because of the frost. Lastly, that he never did consent to the delivery of the said Petition to his majesty, nor to the lords in parliament.” The Evidence for the Matter of Fact being given, Mr. Glynn desired, That the Bishops test against all votes, laws, orders, resolutions, and determinations, as in themselves null and of none effect, which, in their absence since the 27th Dec. last, have already passed, as likewise against all such as shall hereafter pass in this house, during the time of their absence from this house. 1. Which words are an express denial of the king's authority in giving the royal assent in parliament, because the Bishops were not present. 2. Their crime tends to the subversion and undermining the founda tion and power of Parliaments; it deprives this house of all being, and makes it a body without life or motion, and to be less than a Piepowder Court, unless the Bishops were present. 3. It overthrows the fundamental laws of the kingdom; for, by the taking away the foundation, being, and power of Parliaments, it takes away the fundamental laws which uphold the kingdom. 4. It is a high derogation of the honour and privileges of parlament, charging both houses of parliament with denial to give them redress, upon complaints to them made, of the particulars in the Petition; whereas in truth no such complaint was ever made to the houses of parliament. 5. That the Bishops, in the Petition, endeavour to make sedition, and to fix an impression in the hearts of the people that the parliament at that time had no power to act or proceed in any businesses, to relieve them in their grievances, without the Bishops being pre sent. 6. That, when the Bishops Petition and Protestation was preferred, there was a great rebellion in the kingdom of Ireland; and the remedy to subdue that kingdom to obedience was Aids and Supplies, as the wisdom and power of parliament should provide, which was well known to the said bishops; therefore the Petition and Protestation of the bishops was a direct act to endeavour the loss of that kingdom. 7. That, at the same time when this Petition and Protestation was preferred, there was depending in this house a bill to take away bishops sitting and roting in parliament. 8. Their evil intentions will be discovered: 1. By the many falsities in their Petition and Protestation, which have been disproved by witnesses. 2. By the time when this Petition and Protestation was preferred, it being the next day but one after a vote had passed in this house, That this parliament is a free parliament; therefore it was an endeavour to make an assault upon that vote, and to annul it. These, Mr. Glyn said, were the streams that flow from this fountain." The Matter of Fact being ended; the Bishops desired that they might be heard, by their counsel, concerning the Matter of Law in point of Treason. Hereupon the lords, taking the same into consideration, ordered, That the Trial of the Twelve Bishops shall be further proceeded in on the 24th instant. Feb. 24. This being the day for the further proceed ings against the Twelve Bishops, the Lords sent down word to the Commons, That they had appointed that afternoon, to hear their counsel, in point of Law, concerning the Treason alledged against them. Soon after the Commons returned for Answer, That they had resolved to proceed against the said Bishops who were impeached by them for High Treason, by Bill; and are proceeding in it accordingly. Hereupon, the Bishops were called in, and told this matter; on which they said, They had lain long under a charge of Treason, and have had many days assigned them to be heard; and since the matter of Fact had been heard, they desired the justice of this House, that they might be heard by their Counsel in point of Law; and either be acquitted, or judgment given against them upon the Charge. The Bishops being ordered to withdraw, the Lords took their Desires into consideration, and it was ordered, "That, before the matter against the Twelve Bishops shall be concluded in proceeding in that House, they shall be heard by themselves and their counsel, as their cause shall require." any The Bishops were called in again and told of this Order, which was all the satisfaction they had at that time. The Committee of the Comnons, appointed to manage the Evidence against the Bishops, had been ordered to draw a bill, "For the forfeiting of the Issues and Profits of their Estates, temporal and ecclesiastical, and the disposing thereof as the Parliament shall think fit: for the Imprisonment of their persons during their lives; and for the disposal of all livings that may fall within their gift." March 4. The Bill against the Twelve Bishops being now depending in the House of Commons, an Order was made, That they should be heard by themselves, or by petition, at the bar of that house, this day. The bishops of Durham, and Litchfield and Coventry, appeared there, and spoke in their own defence. The Speech of the Bishop of Litchfield and Coventry *** was published at that time, and is He died in 1642. Le Neve's Fasti. still preserved in our Collections; which we give here as follows: “Mr. Speaker; As it hath been ever my fashion, and in truth it is my disposition, to endeavour, at the least, to give satisfaction to every man, even to the meanest, that hath had any sinister conceptions of me, be it Scandalum datum, or acceptum; so hath it been my ambition, and I have sought it with affection; as to all men, so much more to this honourable assembly, especially concerning the late Petition and Protestation exhibited unto his sacred majesty, and the lords and peers in parliament. But, in the first place, Mr. Speaker, I am, as it becomes me, to give most hearty and condign thanks to the noble knights, citizens, and burgesses, of this honourable House of Commons; for that they have been pleased, by a general Vote, and I hope unanimous, to give me leave to speak for myself; and to lay open the truth of my cause, concerning the said Petition and Protestation before them. "And now, Mr. Speaker, to address myself to the business; whereof I shall not speak as a lawyer, for I have no head for law; neither shall I need to touch upon any point thereof, as a flourishing orator desirous to hear himself speak: I have long since laid aside my books of rhetoric; my desire is, Mr. Speaker, to tread in the steps of an old Divine, of whom Sozomen writes in his Ecclesiastical History: who, groaning under the like heavy burden and accusation as I do, chose rather to vent his own sense, and express the truth of his cause in plain language, than to colour or cloak falshood; or to extenuate his offence, by forced, trapped, and new varnished eloquence: And to that purpose my conceptions and narration shall stand only upon two feet, Negation and Affirmation. "There are some things that I must deny, and yet justly; somewhat I must affirm, and that I shall do ingenuously and fully. First, for the Negative; I never framed, made nor contrived, compiled or preferred, any such Petition or Protestation; I never was at any meeting, consultation or conference about any such business; nay, I never heard of any intention, much less execution of any such thing, until it was the Wednesday in Christmas, being the 29th of Dec.; at which time it was brought unto my house in Covent Garden, being betwixt 6 and 7 at night, (subscribed by some of my brethren) with a request, that I would subscribe suddenly also. "Now for the affirmative; presuming that so learned, grave, and wise men, well versed in matters of that nature, would not have attempted any such thing, without good counsel, to the endangering of themselves and their brethren, and to the distaste of the Lords; and that all the rest of the Bishops in and about the city of London and Westminster, should subscribe thereunto; and that it should not be preferred, without the approbation and mature deliberation of good counsel, and of us all, I made one; and set my hand thereto, which I do now a knowledge, and never yet denied; nay, the first time that I came to the bar in the Lords house, I acknowledged that my hand was to it; and divers of this honourable presence heard it so read unto them, out of the Journal of the Loris house. "Now, Mr. Speaker, if these my deceived and deceiving thoughts (to use St Bernard's phrase) have led me into an error, the error is either ex ignorantia juri-,' an unskisfulness in the law, or debilitate judicii,' a weakness of my apprehension; else ex nimia credulitate,' out of my too much confidence in others; not of any prepensed malice, or out of a spirit of contradiction, as the Lord knoweth. The Schoolmen tell me, that duo sunt in omni peccato,' there is actio et malitia actionis;' I own the action, the subscription is mine; but that there was any malice in the action (to cross any vote, at which I was not present) I utterly disavow. "And therefore, Mr. Speaker, I shall become an bumble suitor, that I may recommend three most humble requests, or motions, to this honourable house. This first motion is, That you would be pleased to tread in the steps of Constantine the Christian emperor, who had ever this resolution, That if he should see sacerdotem peccantem, an offending divine, he would rather cast his purple garment upon him, than reveal the offence, for the Gospel's sake of Christ. My second motion is, That if my Subcription shall make me a Delinquent, and worthy of any censure, that then the censure may not exceed, but, at the highest, be proportionable to the offence. The third and last motion is, That that of Plautus (after my 58 years painful, constant, and successful preaching of the Gospel of Christ, in the kingdom of England, and in foreign parts) may not be verified of me, Si quid bene feceris, levior pluma est gratia; si quid mali feceris, plumbeas iras gerunt. "And now, Mr. Speaker, I might here tender divers motions to the consideration of this honourable house, for favourable construction of my rash Subscription, I may say commisseration; yet all without ostentation, that is far from me; but rather for the consolation of my perplexed soul; for the great affliction, restraint and disgrace, which I have long sustained: (which is far greater than ever I endured before, and transcends the dangers and jeopardies of the seas, and the miseries of the wars, whereof I have had my share) and partly for the vindication of my former reputation, calling, and profession; which is now so clouded, eclipsed and blackened in the eyes of the world, and scandalized in the mouths of the vulgar multitude; that, without reparation, and restoration to my former esteem, I shall never have heart to shew my face in the pulpit any more, wherein I have wished to end my days. "But I wave all these, because I will not etain you from other occasions of greater im portance; and desire my ways may be made known unto you, rather by inquisition, than my own relation; only I shall appeal to the noble knights, citizens, and burgesses of the diocese where I now live; and of the other wherein formerly I did live, as namely the honourable city of Bristol; which I can never name without that title, not only in respect of their piety, unity, and conformity, but also in respect of their love, kindness, and extraordinary bounty unto me. I appeal to them for | their testimonies and knowledge of my courses amongst them: nay, I appeal to the records of that honourable house, where, I am confident, after 16 months sitting, there is nothing found that can trench upon me, neither, I hope, will nor may be. "And therefore my humble suit is for expedition, if you intend accusation; or rather for your mediation, that I may speedily return to my own home and cure, to redeem the time because the days are evil,' as the Apostle speaks; and to regain the esteem and reputation which I was long in getting, and long enjoyed, but lost in a moment; for if I should out live (I say not my bishopric, but my credit,) my grey hairs and many years would soon be brought with sorrow to the grave.' "I have done, Mr. Speaker; and there remains nothing now but that I become a Petitioner unto Almighty God, that he will be pleased to bestow upon you all the patriarch's blessing, even the dew of Heaven, and the fatness of the earth: and I end with that of St. Jude, mercy, peace, and love be multiplied unto you;' I say again, with a religious and affectionate heart, mercy, peace, and love be multiplied unto you'." 6 March 29. Mr. Glynn, one of the Committee on the Bill against the Bishops, made a Report of it to the House, on which they came to the following Resolutions: 1. "That a question shall be put upon every particular Bishop. 2. That by this bill the archbishop of York shall not forfeit the inheritance of his temporal estate." The like question was put upon Thomas, bishop of Durham, and so, severally on all the rest, and resolved negatively. But upon another question, Whether the Archbishop and the rest, separately, should by that Bill, forfeit the profits and issues of their temporal estates, freehold lands, and lands of inheritance, during their lives; It was carried in the affirmative. Resolved, That the archbishop of York shali be allowed 100/. per annum, May 5, 1642. On the humble Petition of the twelve Bishops, imprisoned now in the Tower above eighteen weeks, they were re leased by the Lords, upon bail. The Archbishop of York and his sureties were bound in 5,000l. and he ordered not to go to his diocese during the disturbances in that county. VOL. IV. 159. Proceedings, by the King's Command, upon Charges of High Treason and other high Misdemeanors, against Lord KIMBOLTON* and Five Members of the House of Commons; namely, Mr. DENZIL HOLLIS, Sir ARTHUR HASLERIG, bart. Mr. JOHN PYм, Mr. JOHN HAMPDEN, and Mr. WILLIAM STRODE† 17 CHARLES I. A. D. 1641. [Rushw. Coll. Whitlocke's Memoirs. 2 Cobb. Parl. Hist. 1005.] January 3, 1641-2. THE Lord Keeper told the House of Lords, That he was commanded by the King to let them know, his majesty had given commands to his Attorney General (sir Edward Herbert), to acquaint their lordships with some particulars from him. Hereupon, the said Attorney standing up at * Lord Kimbolton was the eldest son of the earl of Manchester, and had, some years before, been called up to the house of lords, by Charles 1. He had, after this period, a considerable share in the conduct of affairs, as General of the Parliament Forces during the Civil War. "On the application of the Commons for their former Guard, the King assured them, on the word of a monarch,' his favourite asseveration, that there was no cause of apprehension or alarm, for his care should extend to the protection of each member, as much as to the preservation of himself or of his children. The same day was selected to prefer an Impeachment of Treason against lord Kimbolton and the Five Commoners, Hampden, Pym, and Hollis, Haslerig and Strode. Their persons were first demanded by a serjeant at arms. Next day, the king, attended by his guards and retinue, claimed the members in person from the commons; and proceeded to expose his dignity to the contempt of the city, by the same vain requisition at Guildhall :" says Mr. Laing whose reflections on these transactions are very valuable. See 3 Hist. of Scotland, the clerk's table, said, "That the King had commanded him to tell their lordships, that great and treasonable designs and practices against him and the state had come to his majesty's knowledge; for which the king had given him command to accuse, and he did accuse Six Persons of High Treason, and other high Misdemeanours, by delivery of the Articles in writing which he had in his hand, dition, and to more disesteem and neglect than ever it had undergone. All that they had formerly said of Plots and Conspiracies against the Parliament, which had before been laughed at, was now thought true and real; and all their fears and jealousies looked upon as the effects of their great wisdom and foresight. All that had been whispered of Ireland, was now talked aloud and printed; as all other seditious pamphlets and libels were. The shops of the city generally shut up, as if an enemy were at their gates ready to enter, and to plun der them; and the people in all places at a gaze, as if they looked only for directions, and were then disposed to any undertaking.-—On the other side, they, who bad, with the greatest courage and alacrity, opposed all their seditious practices, between grief and anger were confounded with the consideration of what had been done, and what was like to follow. They were far from thinking that the Accused Members had received much wrong, yet they thought it an unseasonable time to call them to an account for it. That if any thing had been to be done of that kind, there should have been a fitter choice of the persons, there being many of the house, of more mischievous inclinations Concerning the effect of these Proceedings, and designs against the king's person, and the lord Clarendon says, "The truth is, it can- government, and who were more exposed to not be expressed how great a change there the public prejudice, than the lord Kimbolton appeared to be in the countenance and minds was; who was a civil, and well natured man, of all sorts of people, in town and country, and had rather kept ill company, than drank upon these late proceedings of the king. deep of that infection and poison, that had They, who had before even lost their spirits, wrought upon many others. Then sir Arthur having lost their credit, and reputation, except Haslerig, and Mr. Strode, were persons of too amongst the meanest people, who could never low an account and esteem; and though their have been made use of by them, when the virulence, and malice was as conspicuous, and greater should forsake them; and so despaired transcendent as any man's, yet their reputation, of ever being able to compass their designs of and interest to do mischief otherwise than in malice, or ambition (and some of them had re- concurring in it, was so small, that they gained sumed their old resolutions of leaving the king-crcdit and authority by being joined with the dom) now again recovered greater courage than ever, and quickly found that their credit and reputation was as great as ever it had been; the court being reduced to a lower con 219, et seq. How rest, who had indeed a great influence. |