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judgement_n	attorney_n	court_n	day_n	1,480	5	5.1441	4	false

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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

some slight Answer but then here are these two persons Mr. Harcourt and Mr. Sillyard and the one has been a Clerk these sixteen or seventeen years and the other has known the Office thirty years though there were not heretofore so many Informations of this Nature and Kind as now of late but still they say that a person that comes in upon a Commitment or a Recognizance shall never have any Imparlance Mr. Sol. Gen. Can they give any one Instance that has any the least shaddow to the contrary Mr. Pollixfen My Lord if we had time we hope we should be able to satisfie you in this Matter Mr. Sol. Gen. You have had time enough to prepare your selves for this Question if you had thought you could do any good in it L. C. I. Would the Course of the Court be otherwise to Morrow then it is to Day we have taken all the Care we can to be satisfied in this Matter and we will take care that the Lords the Bishops shall have all Justice done them nay they shall have all the Favour by my consent that can be shewn them without doing wrong to my Master the King but truly I cannot depart from the Course of the Court in this Matter if the King's Council press it Mr. Att. Gen. My Lord we must pray your Judgment in it and your Direction that they may plead L. C. I. Truly I think they must Plead to the Information Mr. Att. Gen. Sir Samuel Astry pray ask My Lords whether they be Guilty or Not Guilty Then his Grace the Lord Archbishop of Canterbury stood up and offered a Paper to the Court. Archbish. of Cant. My Lord I tender here a short Plea a very short one on behalf of my self and my Brethren the other Defendants and I humbly desire the Court will admit of this Plea. L. C. I. If it please your Grace it should have been in Parchment Mr. Sol. Gen. What is that my Lord offers to the Court L. C. I. We will see what it is presently Mr. Sollicitor Bish. of Peter I pray My Lord that the Plea may be Read. M. Sol. Gen. But not received Mr. Att. Gen. No we desire to know what it is first Sir Rob. Sawyer Mr. Attorney if they will Plead the Court sure is obliged to receive it L. C. I. If it is a Plea your Grace will stand by it L. Archbish. of Cant. We will all stand by it my Lord it is subscribed by our Council and we pray it may be admitted by the Court. Mr. S. Pemb. I hope the Court will not deny to receive a special Plea if we offer one L. C. I. Brother let us hear what it is Mr. Sol. Gen. Read it if you please but not receive it Clerk Reads the Plea which in English is thus The BISHOPS PLEA AND the aforesaid William Archbishop of Canterbury William Bishop of St. Asaph Francis Bishop of Ely John Bishop of Chicester Thomas Bishop of Bath and Wells Thomas Bishop of Peterburgh and Jonathan Bishop of Bristol being present here in Court in their own Persons pray Oyer of the Information aforesaid and it is Read to them which being Read and heard by them the said Archbishop and Bishops The said Archbishop and Bishops say that they are Peers of this Kingdom of England and Lords of Parliament and each of them is one of the Peers of this Kingdom of England and a Lord of the Parliament and that they being as before is manifest Peers of this Kingdom of England and Lords of Parliament ought not to be compelled to answer instantly for the Misdemeanour aforesaid mentioned in the said Information exhibited here against them in this Court but they ought to be required to appear by due Process in Law issuing out of this Court h●…e upon the Information aforesaid and upon their Appearance to have a Copy of the said Information exhibited against them and reasonable time to imparl thereupon and to advise with Council Learned in the Law concerning their Defence in that behalf before they be compelled to answer the said Information Whereupon for that the said Archbishop and Bishops were Imprisoned and by Writ of our Lord the King of Habeas Corpus directed to the Lieutenant of the Tower of London are now brought here in Custody without any Process upon the Information aforesaid issued against them and without having any Copy of the said Information or any time given them to imparl or be advised They pray Judgment and the Priviledge of Peers of this Kingdom in this Case to be allowed them and that They the said Archbishop and Bishops may not be compelled instantly to answer the Information aforesaid c. Rob. Sawyer Hen. Finch Hen. Pollixfen Mr. Att. Gen. My Lord with your Lordship's favour this in an ordinary Person 's Case would perhaps be thought not fair dealing or that which it being in the Case of these Reverend Prelates I shall not now name to make all this Debate and Stir in a Point of this nature to take the Judgment of the Court after three or four hours arguing and when the Opinion of the Court has been delivered then to put in a Plea to the Jurisdiction of the Court Sir Rob. Sawyer It is no such Plea. Mr. Att. Gen. It is so in effect but certainly it is such an Irregularity and such an unfair way of Proceeding as would not be endured in an ordinary Case and I hope you will give so little countenance to it as to reject it and make them Plead according to the usual course and way of proceedings certainly a Plea of this nature after so long an Argument would be reckoned nothing but a trick Mr. Serj. Pemb. We hope the Court and you are not of one mind Mr. Attorney in this matter we desire the Court to receive the Plea. Mr. Att. Gen. With submission the Court is not bound to receive Pleas that are put in purely for delay as this is for the Judgment of the Court has been already given in the very matter of this Plea and for rejecting a Plea it is done every day if a Man puts in a mere trifling dilatory Plea the Court may reject it Does this Plea contain any thing in it but what has been argued and debated pro con and setled by the Court already If they will put in any Plea in chief they may but such a Plea as this I hope shall not have so much countenance as to be receiv'd by the Court. Mr. Pollixfen Do you Demur to it if you please Mr. Attorney we will joyn in Demurrer with you Mr. Att. Gen. No there will be no need of that Mr. Sol. Gen. Surely the Court will never give so much Countenance to it as to receive it Mr. Finch If you will please either to Reply or Demur Mr. Sollicitor we are here to maintain the Plea. Mr. Soll. Gen. If you were here you would say the same thing that we do My Lord this Plea is That

Case nor on the other side would I be wanting to Advise and do for my Client what I am able and lawfully may we have laboured all we could to get time for my Lords the Bishops to Imparle to this Information and we have been the more earnest in it because it concerns us who attends this Bar to take what Care we can that the Course of the Court may be observed but as for this Matter we suppose this Practice of the Court is not in Law a good Practice Now what way in the World has any man to bring this so in question as to have a Judicial Resolution of the Court about it but by such a Plea We take it that it is usual and legal for us to have an Imparlance and a man would Imparle but the Court upon Motion refused to give him an Imparlance Is it not think you very fit for the party to have this Judicially entered upon Record where all this Matter will appear and the party may be relieved by writ of Error if the Judgment of the Court should be wrong but truly I cannot see how the Court can refuse the Plea for if so be a Plea be pleaded they have their liberty to Answer it on the other side by a Replication or else to Demur and the Judgment of the Court may be had upon it one way or other but the Court will never go about to hinder any man from pleading where he may plead by Law here is a Plea put in and the Court sure will take no notice what is the Matter of the Plea till the other party have either replied or demurred the same thing may happen in any other Plea that is pleaded and the party will-be without Remedy upon a writ of Error because the Plea being Rejected there does nothing appear upon Record truly for the Court to reject and refuse this Plea would be as hard as the refusing of the Imparlance and we know no way we have to help our selves Mr. Sol. Gen. You might have entered your Suggestion for an Imparlance upon the Roll and then it would have appeared upon Record and if the Court had unjustly denied it you you would have had the benefit of that Suggestion elsewhere Truly My Lord I think if any thing be tricking this is for it is plainly ill pleading Mr. Finch Then pray demur to it Mr. Sol. Gen. No Sir 't is Fencing with the Court and that the Court won't suffer it is only to delay and if we should demur then there must be time for Arguing and what is the Question after all but whether you would be of the same Opinion to Morrow that you are to Day Sir Rob. Sawyer I would put Mr. Sollicitor in mind of Fitz Harris's Case which he knows very well he put it in a Plea and we for the King desired it might not be received but the Court gave him time to put it into Form and I was fain to joyn in Demurrer presently and so may these Gentlemen do if they please Mr. Soll. Gen. Yes Sir Robert Sawyer I do know the Case of Fitz Harris very well I was assigned of Councel by the Court for him we were four of us and there was a Plea put in but no such Plea as this there was an Indictment of High Treason against him in which Case it is agreed on all hands that the party must answer presently but because he suggested here at the Bar says he I have Matter to plead to the Jurisdiction of the Court and shewed what it was I was Impeached before the Lords in Parliament for Treason for the same Matter of which I am here Accused The Court did give him time to put this into Form and we were assigned his Council to draw it up for him and accordingly we did put that Matter into a Plea that we were here Indicted for one and the same Treason for which we were Impeached in Parliament and that that Impeachment was still depending and so we rested in the Judgment of the Court whether we should be put to Answer it here this was a Plea that carried something of weight in it and not such a trifling one as this It is true Sir Robert Sawyer who was then Attorney General did press the Court to over-rule it immediately but it being a matter of some Importance the Court would not do that but had it argued solemnly by Council on both sides and at last there was the Opinion of three Judges against one that the Plea was no good Plea But what is that to such a trifling Plea as this Mr. Att. Gen. Pray my Lord favour me a few words about that Case of Mr. Fitz Harris it is true there was a Plea put in and it is true also that that which brought that Plea to be argued was the Demurrer that was put in by Sir Robert Sawyer who was so zealous and hasty in the matter that because the Court did not presently over-rule the Plea as he desired he immediately Demurred before the rest of the King's Council could offer at any thing about it and thereupon it was put to the Judgment of the Court and no doubt must be argued and spoke to on both sides but where Pleas are really in abuse of the Court the Court never gives any Countenance to them Nay truly I have known another Course taken I am unwilling to mention a Case that hapned much about that time too in this Court because of that regard I have to my Lords the Bishops but Sir Robert Sawyer remembers it very well I am sure it was the Case of one Whitaker who for a thing like this putting in a trifling Plea not only had his Plea rejected but something else was ordered I could shew the Precedent but that I am more tender than to press it in this Case because there the Court ordered an Attachment to go against him but I will put these Gentlemen in mind of another Case and that is the Case of a Peer too it is the Case of my Lord Delameere which they cannot but remember it being in the highest Case a Case of Treason when my Lord Delameere was Arraigned and to be Tryed for High Treason he put in a Plea before my Lord Chancellor who was then High Steward and Sir Robert Sawyer who was then Attorney General prayed the Lord Steward and the Peers to reject it and the Court did reject it as we hope the Court will do this and would never so far delay Justice as to admit of a Plea that carried no Colour in it and there was no Demurrer put into the Plea but it was absolutely refused My Lord in this Case we have had the Judgment of the Court already and therefore we must now desire that this Plea may be rejected Mr. Soll. Gen. My Lord we have now gone out of the way far enough already it is time for us to return and bring the Case into its due methods We pray

your Lordship to reject this Plea. Sir Rob. Sawyer My Lord we are in your Judgment whether you will receive this Plea or not L. C. I. You shall have my Judgment presently but my Brothers are to speak first Mr. I. Allybone Mr. Pollixfen makes it a Question whether this Plea may be reiected or not or whether it ought to be received and the Court give their Judgment upon it Mr. Iust. Powell Truly I do not know whether the Court can reject this as 〈◊〉 frivolous Plea. L. C. I. Surely we may and frequently do Mr. Att. Gen. You do it every day it 's a frequent Motion if a frivolous Plea be put in before it be entred upon Record as a Plea the Court may refuse it if they see cause Mr. I. Allybone Truly if it may be this appears to me a very frivolous Plea. Mr. Iust. Powell I do not know how the Court can reject any Plea that the party will put in if he will stand by it as they say they will here and I cannot think this a frivolous Plea it concerning the priviledge of Peers and Lords of Parliament Mr. I. Allybone Brother Powell I would be as tender of the Priviledges of Parliament and speak with as much respect of the Priviledges of the Peerage as any body else but for the matter of the Plea truly it appears to me that the Peers are named in it only for fashion safe and it is frivolous Mr. Iust. Powell The matter of the Plea except only their being said to be Peers and Lords of Parliament was spoke to before but it was only obiter and by way of motion but now it may come before us for our Judicial Determination Mr. I. Allybone Pray let the Plea be read again Which was done Mr. Iust. Allybone This Plea is no more but that which has been denied already upon solemn debate and if it be in the power of the Court to reject any Plea surely we ought to reject this Indeed I know not what power we have to reject a Plea but if we have power this ought to be rejected Mr. Iust. Powell I declare my Opinion I am for receiving the Plea and considering of it Mr. Iust. Holloway I think as this case is this Plea ought not to be received but rejected because 't is no more than what has been denied already I am not ashamed to say That I should be very glad and ready to do all things that are consistent with my Duty to shew respects to my Lords the Bishops some of whom are my particular Friends but I am upon my Oath and must go according to the course of Law. L. C. I. We have asked and informed our selves from the Bar whether we may or can reject a Plea and truly what they have said hath satisfied me that we may if the Plea be frivolous and this being a Plea that contains no more than what has been over-ruled already after hearing what could be said on both sides I think the Court is not bound to receive the Plea but may reject it and my Lords the Bishops must plead over Mr. Att. Gen. We pray they may plead in chief Clerk. My Lord Archbishop of Canterbury is your Grace guilty of the matter charged upon you in this Information or not guilty A. B. C. Not guilty Clerk. My Lord Bishop of St. Asaph is your Lordship guilty of the matter charged upon you in this Information or not guilty Bish. of St. Asaph Not guilty Clerk. My Lord Bishop of Ely is your Lordship guilty of the matter charged upon you in this Information or not guilty Bish. of Ely. Not guilty Clerk. My Lord Bishop of Chichester is your Lordship guilty of the matter charged upon you in this Information or not guilty Bish. of Chichest Not guilty Clerk. My Lord Bishop of Bath and Wells is your Lordship guilty of the matter charged upon you in this Information or not guilty Bish. of Bath Wells Not guilty Clerk. My Lord Bishop of Peterborough is your Lordship guilty of the matter charged upon you in this Information or not guilty Bish. of Peterborough Not guilty Clerk. My Lord Bishop of Bristol is your Lordship guilty of the matter charged upon you in this Information or not guilty Bish. of Bristol Not guilty Mr. Att. Gen. My Lord I pray the Clerk may joyn Issue on the behalf of the King that so we may come to Tryal and we would have these Gentlemen take notice that we intend to try this Cause on this day fortnight and we pray liberty of the Court that we may try it at Bar. L. C. I. Are you not too hasty in that Motion Mr. Attorney Mr. Att. Gen. My Lord we should indeed make it the Motion of another day but we do now tell them this exabundanti because my Lords the Bishops are now here and will I suppose take notice that we do intend to move it another day Mr. Soll. Gen. We now give them notice that we intend to move Sir Rob. Sawyer For that you need not trouble your selves we are very desirous it should be tryed at Bar and that as soon as you please Mr. Att. Gen. Well then you take notice it will be tryed this day fortnight L. C. I. Well what shall we do with my Lords the Bishops Mr. Att. Gen. They are baylable no question of it my Lord if they please L. C. I. Then my Lords we are ready to bail you if you please Sir Rob. Sawyer We desire your Lordship would be pleased to take their own Recognizance L. C. I. What say you Mr. Attorney I think that may do well enough Mr. Att. Gen. My Lord with all my heart we will do it L. C. I. In what Penalty shall we take it Mr. Att. Gen. A 1000. I think my Lord his Grace and 500 l. apiece the rest Sir Rob. Sawyer What necessity is there for so much Mr. Att. Gen. Look you Sir Robert Sawyer to shew you that we do insist upon nothing that shall look like hardship what my Lords have been pleased to offer concerning taking their own Recognizance we agree to and what sums the Court pleases Mr. Soll. Gen. It is all one to us we leave it wholly to the Court. Sir Rob. Sawyer Only I have one thing more to beg of your Lordship on the behalf of my Lords the Bishops that you will please to order that in the Return of the Jury there may be forty eight returned Mr. Att. Gen. I tell you what we will do Sir Samuel Astry shall have the Freeholders Book if you please and shall return twenty four Sir Rob. Sawyer Eight and forty has been always the course when the Jury is returned by Sir Samuel Astry Mr. Soll. Gen. My Lord I pray the Officer may return the Jury according as is usual in Cases of this nature Mr. Att. Gen. You do admit of a Tryal at Bar Gentlemen Sir Rob. Sawyer Yes and try it when you will. L. C. I. They

that these Gentlemen have spent all this time to no purpose Lord Ch. Iust. Yes Mr. Attorney I 'le tell you what they offer which it will lie upon you to give an Answer to They would have you shew how this has disturbed the Government or diminished the Kings Authority Mr. Att. Gen. Whether a Libel be true or not as to the matter of Fact was it ever yet in any Court of Justice permitted to be made a question whether it be a Libel or not Or whether the Party be punishable for it And therefore I wonder to hear these Gentlemen to say that because it is not a false one therefore 't is not a Libel Suppose a Man should speak scandalous Matter of any Noble Lord here or of any of my Lords the Bishops and a Scandalum Magnatum be brought for it though that which is spoken has been true yet it has been the Opinion of the Courts of Law that the Party cannot justifie it by reason it tends to the disturbing of the Peace to publish any thing that is matter of Scandal The only thing that is to be lookt into is whether there be any thing in this Paper that is Reflecting and Scandalous and not whether it be true or no for if any Man shall Extra-Iudicially and out of a Legal Course and way reflect upon any of the great Officers of the Kingdom nay if it be but upon any Inferior Magistrate he is to be punished and is not to make his Complaint against them unless he do it in a proper way A Man may Petition a Judge but if any Man in that Petition shall come and tell the Judge Sir you have given an Illegal Judgment against me and I cannot in Honour Prudence or Conscience obey it I do not doubt nor will any Man but that he that should so say would be laid by the Heels though the Judgment perhaps might be illegal If a Man shall come to Petition the King as we all know the Council Doors are thronged with Petitioners every day and Access to the King by Petition is open to every body the most Inferior Person is allowed to Petition the King but because he may do so may he therefore suggest what he pleases in his Petition shall he come and tell the King to his Face what he does is Illegal I only speak this because they say in this Case his Majesty gave them leave to come to him to deliver their Petition but the King did not understand the Nature of their Petition I suppose when he said he gave them leave to come to him My Lord for this Matter we have Authority enough in our Books particularly there is the Case of Wrenham in my Lord Hobart the Lord Chancellor had made a Decree against him and he Petitioned the King that the Cause might be re-heard and in that Petition he Complains of Injustice done him by my Lord Chancellor and he put into his Petition many reflecting things this my Lord was punished as a Libel in the Star Chamber and in that Book it was said that though it be lawful for the Subject to Petition the King against any Proceedings by the Judges yet it must not be done with Reflections nor with Words that turn to the Accusation or Scandal of any of the Kings Magistrates or Officers and the Justice of the Decree is not to be questioned in the Case for there Wrenham in his Defence would have opened the particulars wherein he thought the Decree was unjust but that the Court would not meddle with nor would allow him to justifie for such Illegality in the Decree so in this Case you are not to draw in question the truth or falsehood of the Matter complained against for you must take the way the Law has prescribed and prosecute your Right in a Legal Course and not by Scandal and Libelling My Lord there is a great deal of difference between not doing a thing that is Commanded if one be of Opinion that it is unlawful and coming to the King with a Petition highly reflecting upon the Government and with Scandalous Expressions telling him Sir you Act illegally you require of us that which is against Prudence Honour or Conscience as my Lords the Bishops are pleased to do in this Petition of theirs I appeal to any Lord here that if any Man should give him such Language either by Word of Mouth or Petition whether he would bear it without seeking satisfaction and reparation by the Law My Lord there is no greater proof of the Influence of this Matter than the Croud of this day and the Ha●…angue that hath been made is it not apparent that the taking this Liberty to Canvas and dispute the Kings Power and Authority and to Censure ●…s Actions possess the People with strange Opinions and raises Discontents and Jealousies as if the free Course of Law were restrained and Arbitrary Will and Pleasure set up instead of it My Lord there is one thing that appears upon the Face of the Information which shews this not to be the right Course and if my Lords the Bishops had given themselves the opportunity of reading the Declaration seriously they would have found in the end of the Declaration that the Ring was resolved to call a Parliament in November might not my Lords the Bishops have acquiesced under their passive Obedience till the Parliament met But nothing would serve them but this and this must be done out of Parliament for which there is no President can be shewn and this must be done in such a manner as your Lordship sees the Consequence of by your Trouble of this Day There is one thing I forgot to speak to they tell us that it is laid Malicious and Seditious and there is no Malice or Sedition found we know very well that that follows the Fact those things arise by Construction of Law out of the Fact. If the thing be illegal the Law says it is Seditious a Man shall not come and say he meant no harm in it That was the Case of Williams in his treasonable Book says he I only intended to warn the King of the Danger approaching and concludes his Book with God save the King but no Man will say that a good Preface at the beginning or a good Prayer at the end should excuse Treason of Sedition in the Body of a Book if I meet another Man in the Street and kill him though I never saw him in my Life the Indictment is that it was ex Malitia Praecogitata as it often happens that a Person kills one he never had acquaintance with before and in favorem vitae if the Nature of the Fact be so the Jury are permitted to find according to the Nature of the Case but in strictness of Law there is Malice implyed But my Lord I think these Matters are so Common and that is a Point that has been so often setled that the form of the Indictment and Information must