The Bishop of St. Asaph confessed "Hel subscribed the Petition; but he did it for matter of form, because the rest of the Bishops his brethren had done so: that thoughts of Treason were far from his heart, and desired their lordships favour and compassion towards him." The Bishop of Bath and Wells acknowledged, "That he set his hand to the said Petition, without any ill intent, and desired of his brethrea that it might be well considered before it was delivered; and that all the bishops had set their hands thereto."

The Bishop of Hereford said, "That when time was fitting he would make his humble Answer to the Charge; but desired to say nothing for the present."

The Bishop of Ely desired their lordships to excuse him now from speaking, lest he should do himself more hurt by that than by silence.

The Bishop of Oron owned, "He signed also; but his offence was through ignorance; and therein craved their lordships compassion."

The Bishop of Gloucester said, "That it did appear he was one of the last that subscribed; that it was not done with any traiterous intent, but through ignorance, and submitted himself humbly to the wisdom of the house."

The Bishop of Peterborough made the same confession as the former.

The Bishop of Landaff said, "That it was done through ignorance, and indiscretion, and that he had no design to overthrow the fundamental laws of the land; he desired he might not feel the weight of their lordships justice, but mercy, and that he might be bailed upon good security."

After hearing all these Arraignments, the Lords ordered ten of the Bishops to be committed prisoners to the Tower; but the bishops of Durham and of Coventry and Eitchfield were remitted to the custody of the Black Rod.*

upon

January 17, 1641-2.

A Committee of the House of Commons being present, the twelve bishops were severally brought in, to the house of lords. First, the Archbishop of York was brought to the bar; and, after he had kneeled as a delinquent, he was commanded to stand up; and then the Speaker, by direction of the house, told him, "That this day being appointed for the Twelve Bishops to put in their several Answers to the Impeachment of High Treason brought up from the house of commons against them, their lordships to require him to put in his Answer thereunto."

ford, Matthew, bp. of Ely, William, bp. of Bangor, Robert, bp. of Bristol, John, bp. of Rochester, John, bp. of Peterborough, Morgan, bp. of Landaff, together with William, abp. of The Bishop of Winchester (Dr. Walter Canterbury, and others of the Clergy of that province, at a Convocation, or Synod for the Curle) being all this time in the House, it was moved, That it should be put to him to answer, same province, begun at London, in the year Whether he consents to or disclaims the said 1640, did contrive, make, and promulge sevcral Constitutions and Canons Ecclesiastical, Petition, before he be allowed to sit and vote in the house. The said Bishop answered, "That containing in them divers matters contrary to the king's prerogative, to the fundamental laws he never knew any thing of the matter:" hereand statutes of the realm, to the rights of partition; after which he said, "He never read it the Lords gave him leave to read the Peliament, to the property and liberty of the subjects, and matters tending to sedition and of before, and he did now utterly disclaim it." With which Answer the house was satisfied. dangerous consequence. And, to add more weight and efficacy to this their monstrous dosigns, they did, at the same synod, under a specious and fair title, grant a Benevolence, or Contribution, to his majesty, to be paid by the Clergy of that province, contrary to law. It rested not there; for though this had been enough to have affrighted and terrified the king's people with strange apprehensions and fears; yet, that these might not seem to be contrivances of the brain or fancy only, they were put in execution, and were executed upon divers with animosity and rigour, to the great oppression of the clergy of this realm and other his majesty's subjects, and in contempt of the king and of the law. Whether those persons, His grace answered, "That he had received my Lords, that are culpable of these offences, an Order, dated the 30th of December last, shall be thought fit to have an interest in the with an Impeachment against himself and ele legislative power, your lordships wisdom and ven other Bishops, of High-Treason, from the justice is able to judge., But, for these mat- House of Commons; and likewise he had reters and things, the knights, citizens, and bur-ceived divers Orders of several days that were gesses of the Commons House in parliament, in the name of themselves and of all the commons of England, do impeach the said Bishops before named, of the Crimes and Misdemeanors before expressed; and do therefore pray, That they may be forthwith put to their Answers in the presence of the Commons, and that such further proceedings may be had against them, as to law and justice shall apperLaju." See 2 Cobb. Parl. Hist. 893, 895, and $18 et seq. 936, 4 Rush. 359,

appointed, for them to put in their Answers; and the last order for this day, which accordingly he is come to obey their lordships command; and for his own Answer to the aforesaid Lupeachment of High-Treason, gave this Answer, in this manner; viz.

*

Bishop Hall says, "These two had this favour by reason of their great age; which though desired by a noble lord on his bebini, would not be yielded."

This being the day, last appointed, for the Trial of the Twelve Bishops, they were brought to the bar of the House of Lords, where the "To the Right Honourable the Lords assem- Managers for the Commons attended. The bled in the House of Peers. "The humble Petition of John Archbishop of York, and other the Bishops impeached by the House of Commons of High Treason,

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 Petition, which he pressed by way of aggravation:

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 "It is said, in their Petition, that they can effect: That then the Archbishop left them, find no redress or protection upon sundry comand, it being late, he went home himself. After-plaints made to both houses; and they do pro wards he heard no more of this matter, until test against all votes, laws, orders, resolutions, he, being in the Parliament House, saw a Pe- and determinations, as in themselves null and tition there under the Twelve Bishops hands; of none effect, which, in their absence since and thinks that it was, in effect, agreeable the 27th Dec. last, have already passed, as likewith the aforesaid draught, although, he said, wise against all such as shall hereafter pass in there have been some alterations made there- this house, during the time of their absence in. He further said, That he never gave any from this house. 1. Which words are an exconsent to the delivery of the said Petition press denial of the king's authority in giving to the king or to the lords in parliament. Also, the royal assent in parliament, because the that on the 29th of December last, he, being Bishops were not present. 2. Their crime tends coming to the parliament by water, met the to the subversion and undermining the foundaearl of Newburgh, between the landing place tion and power of Parliaments; it deprives this at the Parliament-stairs and the Parliament- house of all being, and makes it a body without house; who asked him, Whither he was going, life or motion, and to be less than a Piepowder and told him there were none of his brethren, Court, unless the Bishops were present. 3. It the Bishops, in the house; and thereupon he overthrows the fundamental laws of the kingturned back. He likewise said, that either on dom; for, by the taking away the foundation, that day, or some other about that time, he being, and power of Parliaments, it takes away was coming in a boat towards the shore, to land the fundamental laws which uphold the kingat the Parliament-stairs; and seeing a company dom. 4. It is a high derogation of the honour of Prentices, and others standing on the shore, and privileges of parliament, charging both crying, 'No Bishops!' some called out to him, houses of parliament with denial to give them and advised him not to land there; and there- redress, upon complaints to them made, of the upon he caused the boat where he was to turn particulars in the Petition; whereas in truth no off, and to carry him to Lambeth, where he such complaint was ever made to the houses of sent for his coach to carry him home. He parliament. 5. That the Bishops, in the Petifurther said, that he never absented himself tion, endeavour to make sedition, and to fix an from parliament, at any other times, except impression in the hearts of the people that the upon private occasions." parliament at that time had no power to act or proceed in any businesses, to relieve them in their grievances, without the Bishops being present. 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 voting in parliament. 8. Their evil intentions will be discovered: 1. By the many falsities in their Petition and Protestation, which

Then the Bishop of London was sworn, who said, "He had been resident in and about London, ever since the last recess of this parlament: 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 Pention which the said Bishops had presented; but did never hear of it before: that the only n he came not to parliament, was because Frost. Lastly, that he never did consent very of the said Petition to his mato the lords in parliament." vidence for the Matter of Fact being . Glynn desired, That the Bishops

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 Lords 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 juris,' an unskilfulness 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 humble 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, be 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.

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portance; and desire my ways may be made known unto you, rather by inquisition, thau 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 ámongst 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'."

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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 shall

"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 cloud-be allowed 100l. per annum. ed, 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 detain you from other occasions of greater im

May 5, 1642. On the humble Petition of the twelve Bishops, imprisoned now in thẹ Tower above eighteen weeks, they were released 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.

YOL. IV.