my serious consideration, the late Remonstrance | conceive this mercy may produce; therefore I of the houses of parliament, I give you this Answer. That I take in good part your care of the true Religion established in this kingd m, from which I will never depart: As also your tenderness of my safety, and the security of this state and government. It is against my mind that Popery or superstition should any way increase within this kingdom, and will restrain the same by causing the laws to be put in execution.

"I am resolved to provide against the Jesnits and Papists, by setting forth a Proclamation with all speed, commanding them to depart the kingdom within one month; of which if they fail, or shall return, then they shall be proceeded against according to the laws.

"Concerning Rosetti," [One said to be the Pope's Nuntio,]"I give you to understand; That the Queen hath always assured me, That to her knowledge he hath no commission, but only to retain a personal correspondence between her and the Pope, in things requisite for the exercise of her Religion, which is warranted to her by the Articles of Marriage; which gave her a full liberty of conscience: yet I have persuaded her, that since the misunderstanding of the person's condition gives offence, she will in a convenient time remove him.-Moreover I will take a special care to restrain my subjects from resorting to mass at Denmark house, St. James's, and the chapels of ambassadors.

"Lastly, Concerning John Goodman the priest, I will let you know the reason why I reprieved him, and it is, That, as I am informed, neither queen Elizabeth, nor my father did ever avow, That any priest in their times was executed merely for religion, which to me seems to be this particular; yet seeing I am prest by both houses to give way to his execution, because I will avoid the inconveniency of giving so great a discontent to my people, as I

do remit this particular cause to both the houses, but I desire them to take into their consideration the inconveniencies, as I conceive may upon this occasion fall upon my subjects and other Protestants abroad, especially since it may seem to other states to be a severity. Which having thus represented, I think myself discharged from all ill consequence that may ensue upon the execution of this person."

The next day, his majesty likewise caused a Petition of this Goodman, to be commuicated to the House of Lords by the Lord Keeper, which Petition was in these words:

"To the King's Most Excellent Majesty, the Humble Petition of John Goodman, condemned.

"Humbly Sheweth; That whereas your Petioner hath been informed of a great discontent in many of your majesty's subjects, at the gracious mercy your majesty was freely pleased to shew unto your petitioner, by the suspending the Execution of the Sentence of Death pronounced against your petitioner for being a Romish priest.-These are humbly to beseech your majesty, rather to remit your Petitioner to their mercy that are discontented, than to let him live the subject of so great discontent in your people against your majesty; for it hath pleased God to give me the grace, to desire with the prophet, That if this storm be raised for my sake, I may be cast into the sea, that others may avoid the tempest.-This is, most sacred sovereign, the Petition of him, that should esteem his blood well shed, to cement the breach between your majesty and your subjects upon this occasion. Ita testor.

JOHN GOODMAN."

Whether this Priest was executed or not, does not appear.

158. Proceedings against the TWELVE BISHOPS; namely, Dr. JOHN WILLIAMS Archbishop of York, Dr. THOMAS MORETON Bishop of Durham, Dr. ROBERT WRIGHT Bishop of Coventry and Litchfield, Dr. JOSEPH HALL Bishop of Norwich, Dr. JOHN OWEN Bishop of St. Asaph, Dr. ROBERT SKINNER Bishop of Oxford, Dr. WILLIAM PIERS Bishop of Bath and Wells, Dr. GEORGE COKE Bishop of Hereford, Dr. MATTHEW WREN Bishop of Ely, Dr. GODFREY GOODMAN Bishop of GLOCESTER, Dr. JOHN WARNER Bishop of Peterborough, and Dr. MORGAN OWEN Bishop of Llandaff, upon an Accusation of High Treason: 17 CHARLES I. A. D. 1641. [4 Rushw. Coll. 466. 2 Cobb. Parl. Hist. 993.]

the 30th of December, 1641, the Lord
nified to the House of Lords. That
commanded him to deliver a Pe-

tition to their lordships, which had been presented to him. The said Petition was ordered to be read, and was in these words:

To the KING's Most Excellent Majesty, and
the LORDS and PEERS now assembled in
Parliament.

The Humble PETITION and PROTESTATION
of all the Bishops and Prelates, now
called by his Majesty's Writs to attend
in Parliament, and present about Lon-
don and Westminster for that purpose.
"That whereas the Petitioners are called up
by several and respective Writs, and under

great penalties, to attend in Parliament; and have a clear and indubitable right to vote in bills, and other matters whatsoever debatable in parliament, by the antient customs, laws, and statutes of this realm; and ought to be protected by your majesty, quietly to attend and prosecute that great service.

"They humbly remonstrate and protest before God, your majesty, and the noble lords and peers now assembled in parliament, that, as they have an indubitable right to sit and * "Lord Clarendon, having previously given up to the lords; and, without further examinathe history of the Archbishop's suggestion and tion, accused them all who had subscribed the preparation of this Protestation, proceeds: Protestation, of High Treason: and, by this "It was great pity, that though the Arch-means, they were all, the whole twelve of them, Bishop's passion transported him, as it usually did; and his authority imposed upon the rest, who had no affection to his person, or reverence for his wisdom; his majesty did not take a little time to consider of it, before he put it out of his power to alter it, by putting it out of his hands. For it might easily have been discerned by those who were well acquainted with the humour, as well as the temper of both houses, that some advantage, and ill use would have been made of some expressions contained in it; and that it could produce no good effect. But the same motive and apprehension that had pre-imprisonment: and in the same year, by this cipitated the Bishops to so hasty a resolution (which was, that the house of peers would have made that use of the Bishops being kept from the house, that they would in that time have passed the bill itself for taking away their votes) had its effects likewise with the king; who had the same imagination, and therefore would lose no time in the transmission of it to the house. Whereas it is more probable the lords would never have made use of that very season, whilst the tumults still continued, for the passing an act of that importance; and the scandal, if not invalidity of it, would have been an unanswerable ground for the king to have refused his royal assent to it.

committed to prison; and remained in the Tower till the Bill for the putting them out of the house, was passed, which was not till many months after.

"When the passion, rage, and fury of this time shall be forgotten, and posterity shall find, amongst the Records of the Supreme Court of judicature, so many Orders and Resolutions in vindication of the Liberty of the Subject against the imprisoning of any man, though by the king himself, without assigning such a crime as the law hath determined to be worthy of

high court, shall find Twelve Bishops, members of this court, committed to prison for High Treason, for the presenting this Protestation; men will surely wonder at the spirit of that Reformation: and even that Clause of declaring all acts null, which had been, or should be done in their absence, in defence of which no man then durst open his mouth, will be thought good law, and good logic; not that the presence of the Bishops in that time was so essential that no act should pass without them; which had given them a voice, upon the matter, as negative as the king's; and themselves, in their instrument, disclaimed the least pretence to such a qualification; but because a violence offered to the freedom of any one member, is a violation to all the rest: as if a council consist of threescore, and the door to that council be kept by arined men, and all such, whose opinions are not liked, kept out by force; no doubt the freedom of those within is infringed, and all their acts as void and null, as if they were locked in, and kept without meat till they altered their judgments.

"As soon as this Protestation, which, no doubt, in the time before the house was to meet, had been communicated to those who were prepared to speak upon it, was delivered by the Lord Keeper with his majesty's command, and read; the governing lords manifested a great satisfaction in it; Some of them saying, that there was digitus Dei to bring that to pass, which they could not otherwise have compassed;' and without ever declaring any judg "And therefore you shall find in the Journals ment or opinion of their own upon it, which of the most sober parliaments, that, upon any they ought to have done, the matter only hav-eminent breach of their privileges, as always ing relation to themselves, and concerning their own members; they sent to desire a Conference presently with the House of Commons, upon a business of importance; and at the Conference, only read, and delivered the Protestation of the Bishops to them: which, the Lord Keeper told them, he had received from the king's own hand with a command to present it to the house of peers. The house of commons took very little time to consider of the matter: but, within half an hour, they sent

VOL. IV.

upon the commitment of any member for any thing said or done in the house, sometimes upon less occasion, that house, which apprehended the trespass, would sit mute, without debating, or handling any business, and ther adjourn; and this hath been practised many days together, till they had redress or reparation. And their reason was, because their body was lame; and what was befallen one member, threatened the rest; and the consequence of one act might extend itself to many

F

vote in the House of Lords, so are they (if they may be protected from force and violence) most ready and willing to perform their duties accordingly; and that they do abominate all actions or opinions tending to Popery, and the maintenance thereof; as also all propension and inclination to any malignant party, or any other side or party whatsoever, to the which their own reasons and consciences shall not move them to adhere.

"But whereas they have been, at several times, violently menaced, affronted, and assaulted, by multitudes of people, in their coming to perform their service in that bon. house; and lately chased away and put in danger of their lives; and can find no redress or protection, upon sundry complaints made to both houses, in these particulars. They likewise humbly protest, before your majesty and the noble house of peers, that, saving unto themthey themselves might be, that at this juncture of violence it could have no good effect; yet it was certainly their duty in honour and conscience, to make some such public Protestation of their lawful rights; especially when their lordships had already too much suffered in their reputation by silence and absence, and a voluntary recess from voting in the lord Strafford's bill."

other, which were not in view; and this made
their privileges of so tender an 1 nice a temper,
that they were not to be touched, or in the least
degree trenched upon; and therefore that in
so apparent an act of violence, where it is not
more clear that they were committed to prison,
than that they durst not then sit in the house,
and when it was lawful in the house of peers
for every dissenter in the most trivial debate,
to enter his protestation against that sense he
liked not, though he were single in his opinion;
That it should not be lawful for those, who could
not enter it themselves, to present this Protesta-
tion to the king to whom they were accountable
under a penalty for their absence; and unlawful
to that degree, that it should render them culpa-
ble of High-Treason; and so forfeit their honour,
their lives, their fortunes, expose their names to
perpetual infamy, and their wives and children
to penury, and want of bread; will be looked
upon as a determination of that injustice, im-
piety, and horror, as could not be believed with-lution."
out those deep marks, and prints of confusion
that followed, and attended that resolution."

Mr. Laing, in his History of Scotland, after noticing that king Charles's approbation of the Protestation of the Bishops has been ascribed to haste and surprise, observes, that "the Protestation was, however, the same in effect with that, which the Scottish Prelates had formerly prepared and presented by the King's orders: and as both were directed against the authority of the Assembly or Parliament, from which the prelates were excluded, so the one was calculated to insinuate a secret, and the other to establish a public nullity and produce a disso

By this, and other means," says lord Clarendon, "all obstacles of the law being re"And yet the indiscretion of those Bishops, moved, and the people taught a way to assemswayed by the pride, and passion of that Arch- ble lawfully together, in how tumultuous a Bishop, in applying that remedy at a time, when manner soever, and the Christmas holidays givthey saw all forms and rules of judgment impe- ing more leave and licence to all kind of peotuously declined; and the power of their ad-ple, the concourse grew more numerous about versaries so great, that the laws themselves submitted to their oppression; that they should, in such a storm, when the best pilot was at his prayers, and the card and compass lost, without the advice of one mariner, put themselves in such a cock-boat, and to be severed from the good ship, gave that scandal and offence to all those who passionately desired to preserve their function, that they had no compassion, or regard of their persons, or what became of them; insomuch as in the whole debate in the house of commons, there was only one gentleman, who spoke in their behalfs, and said; he did not believe they were guilty of high treason, but that they were stark mad; and therefore desired they might be sent to Bedlam.'"

Bishop Kennett, however, (3 Complete Ilist. 115, alledges-something in excuse for this Protestation. Some hard reflections," says he, "are made upon this act of the Bishops in vindication of their parliamentary rights, in the late History of the Rebellion. But whatever passion there might be in archbishop Williams the 'pener of it, and however improper to purge themselves of inclination to any malignant party, and however indiscreet to make the king personally concerned in the conveyance of it to the lords, and however conscious

Westminster; the rabble sometimes, in their passage between the city and Westminster, making a stand before White-hall, and crying out, No bishops, no bishops, no popish lords,' would say aloud, That they would have no more porters lodge, but would speak with the 'king when they pleased :' and when they came near the two houses, took papers out of their pockets, and getting upon some place higher than the rest, would read the names of several persons, under the title of Disaffected mem'bers of the house of commons ;' and called many lords, False, evil, and rotten-hearted

lords.' But their rage and fury against the Bishops grew so high, that they threatened to pull down their lodgings where they lay; offered to force the doors of the Abbey at Westminster, which were kept locked many days, and defended by a continual guard within; and assaulted the persons of some of the Bishops in their coaches; and laid hands on the Archbishop of York, in that manner, that, if he had not been seasonably rescued, it was believed they would have murdered him: So that all the Bishops, and many other members, of both houses, withdrew themselves from attending in the houses, out of a real apprehension of endangering their lives."

STATE TRIALS, 17 CHARLES I. 1641.-for High Treason.

[70

being of Parliaments, manifested by preferring
that Petition and Protestation; and to desire
the Lords, that they may be forthwith seques-
tered from Parliament and put into safe custo-
dy; and that their lordships would appoint a
speedy day for the Commons to charge them,
and for them to answer; for that the Commons
were ready to make good their Charge.

Hereupon it was ordered, "That the Gen-
tleman Usher bring the said Bishops, so accus-
ed, before this house, that they may be com-
mitted to safe custody." In the mean time, a
Conference having been desired by the Com-
mons, concerning the Safety of the Kingdom
and both houses of parliament, the Lords went
to the Conference; and, being returned, the
Lord Keeper reported it to the house to this
effect:

selves all the rights and interests of sitting and voting in that house, at other times, they dare not sit or vote in the house of peers, until your majesty shall further secure them from all affronts, indignities and dangers, in the premises. Lastly, Whereas their fears are not built upon phantasies and conceits, but upon such grounds and objects as may well terrify men of good resolutions and much constancy, they do, in all duty and humility, protest, before your majesty, and the peers of that most hon. house of parliament, against all laws, orders, votes, resolutions, and determinations, as, in themselves, null, and of none effect; which, in their absence, since the 27th of this instant Dec. 1641, have already passed; as likewise against all such as shall hereafter pass in that most He first repeated the former Message from hon. house, during the time of this their forced and violent absence from the said most hon. house: not denying, but, if their absenting of the Commons, with their Reasons for desiring themselves were wilful and voluntary, that a Guard, to which the Commons said they had most noble house might proceed in all these yet no Answer. They now desired their lordpremises; their absence, or this their Protesta-ships to take the following Reasons into consi"1. The insolent and traiterous Petition and tion, notwithstanding: and humbly beseeching deration, as an addition to their former: your most excellent majesty, to command the clerk of the house of peers to enter this their Protestation of the Bishops preferred this day Petition and Protestation amongst his records, to their lordships; which the Commous con2. They desire to have back to their design. they will ever pray God to bless and preserve, ceive they durst not to have done without some a Guard, because they hear the King hath a guard at Whitehall, as apprehending it fit; and the Commons conceive, that those that are enemies to the King, are likewise enemies to the Parliament; and so vice versa : Therefore that house desired their lordships to consider of these things, and give them an Answer, Whether they will join with the Commons in a Petition to the King or not."

Jo. Eborac.,
Tho. Duresme,
Rob. Co. Liche,
Jos. Norwic.,
Jo. Asachen.,
Ro. Oxou,

Guil. Bath & Welles., Geo, Hereff., Math. Elien., Godfrey Gloucest., Jo. Petriburg., Morg. Llandaff. Copia vera Jo. Browne, Cler. Parl." This Petition being read, the Lords sent a Message to the Commons, to desire a present Conference by a committee of both houses, touching matters of dangerous consequence. A Conterence being held immediately, the Lord Kesper, in the name of the house of peers, declared, "That this Petition and Protestation of the Twelve Bishops, containing matters of high and dangerous consequence, and such as the Lords are very sensible of, and such as reruire a speedy and sudden resolution, it extending to the deep intrenching upon the fundamental privileges and being of parliaments; therefore the lords have thought fit, that this matter concerning the whole parliament, may be communicated to the commons, it being a thing of so great, and so general a concern

meat."

The Bishops' Petition being thus communicated to the House of Commons, they came to a Resolution, to accuse those Twelve Bishops of High Treason, for endeavouring to subvert the Fundamental Laws and being of Parlia

ments.

And Mr. Glynn was ordered to go to the
Lords, and, at their bar, in the name of the
House of Commons and all the commons of
England, to accuse these Twelve Prelates of
High Treason, for endeavouring to subvert the
Fundumental Laws of the realm and the very

Upon this, another debate arose in the Lords, Whether that house would recede, upon these further Reasons, from the Vote it again passed in the negative. Afterwards, given last night: and this question being put, dered to be sent down to the Commons, as an both the Vote of last night and this, were orAnswer to them about a Guard.

The Lords being informed, that the Bishops accused of High Treason, were at the door, they were severally called in; and, first,

The Archbishop of York, being brought to the bar, and kneeling there as a delinquent, was commanded to stand up, when the Lord Keeper told him, "That the House of Commons, in their name, and in the name of all the commons of England, had accused him and other Bishops with High Treason, for endeavouring to subvert the fundamental laws of this realm, and the being of parliament, by preferthat house." The said Archbishop, at his re"He would ring their Petition and Protestation, this day, to quest, having leave to speak, said,

* Concerning this Archbishop of York, see the first Note in vol. 2, p. 1163, and the bishop of Lincoln's Case, vol. 3, p. 770, of this Col lection.

not, at that time, make any demurrer to the Charge, as having never heard it before; but he desired their lordships would give him leave to do as he should be advised, when he came to his Answer;' and so he withdrew.

The Bishop of Coventry and Litchfield said, "He subscribed the Petition, but craved their lordships best construction of it, for he did it not with any traiterous intention, and subinitted himself to the pleasure of the house."

us in to the parliament upon an accusation of High Treason. For whereas this paper was to have been delivered, first to his majesty's se

jesty, and after from his majesty to the parlia ment, and for that purpose to the Lord Keeper, the lord Littleton, who was the Speaker of the house of peers: all these professed not to have perused it at all; but the said Lord Keeper, willing enough to take this advantage of ingra

How apt the Commons were for seizing The following Account is given by this Bi- any advantage offered to them against the shop, in a piece of his, intitled "Hard Mea- Bishops, these Prelates must have known, "sure," wherein, after reciting the tumults for on the 30th July preceding they had orabout the house of lords, and the resolution of dered, "That a Committee shall prepare an the Bishops to forbear any longer attendance Impeachment against the Bishops, the makers on that account, he proceeds thus: "The of the New Canons and Oath, upon the Votes Archbishop of York sent for us to his lodging that have passed both houses concerning at Westminster; lays before us the perilous these Canons and Oath; and that no Popish condition we were in; advices, for remedy, lords ought to have vote in the house of lords (except we meant utterly to abandon our right, in matters of religion." And on the 3d of Auand to desert our station in parliament) to pe- gust, the Commons received a Report from tition both his majesty and the parliament, their Committee appointed to prepare an ImThat, since we were legally called by his ma-peachment against the Bishops concerned in jesty's writ to give our attendance in parlia-making the New Canons, by serjeant Wylde, ment, we might be secured in the performance one of the knights of the shire for Worcesterof our duty and service, against those dangers shire; and, next day, the said gentleman was that threatened us; and, withal, to protest, sent with it to the Lords. Upon delivering against any such acts as should be made during the said Impeachment at the bar, he spoke as the time of our forced absence, for which he follows: "My lords; The knights, citizens, assured us there were many precedents in and burgesses of the Commons house of parliaformer parliaments, and which if we did not, ment being sensible of the great infelicities and we should betray the trust committed to us by troubles which the commonwealth hath sushis majesty, and shamefully betray and abdi- tained by the exorbitant courses of the Bishops; cate the due right both of ourselves and suc- and knowing well what the wise man saith, cessors. To this purpose, in our presence, he Because sentence against an evil work is not drew up the said Petition and Protestation, executed speedily, therefore the heart of the avowing it to be legal, 3nst, and areable to sons of men is fully set in them to do evil,' all former written, (the timely redress whereof doth better become hands, the wisdom of a parliament than a too late woding yet ful repentance) have commanded me to repreon con- sent unto your lordships, That Walter, bp. of Ferringe of Winchester, Robert, bp. of Coventry and be in any Litchfield, Godfrey, bp. of Gloucester, Joseph, beard was, bp. of Exeter, John, bp. of St. Asaph, William, sed to fetch bp. of Bath and Wells, George, bp. of Here