Constitutional history -- Great Britain; Great Britain -- History -- 1689-1714 -- Sources; Great Britain -- History -- Restoration, 1660-1688 -- Sources
On June 15, came on the Bishop's Tryal, the most Important, perhaps,
that was ever known before in Westminster-Hall; not only Seven Prelates
Contending for the Rights of the _Anglican_ Church, but Seven Peers of
the Realm Standing up for the Liberties of England. The Court of
King's-Bench being Sat, His Majesty's Attorney-General mov'd for a
_Habeas Corpus_, directed to Sir _Edward Hales_ Lieutenant of the
_Tower_, to bring up His Grace the Lord Arch-Bishop of _Canterbury_, and
the Six Bishops; which was granted, and the Prisoners were accordingly
brought up by Water. At their Landing, they were receiv'd by several
Divines, and Persons of Quality, and by a vast Concourse of People, who
with repeated acclamations uttered wishes for their Deliverance. On the
Bench sate Sir Robert Wright, Lord Chief-Justice, and Mr. Justice
Holloway, two of the King's Creatures; Mr. Justice _Powell_ a Protestant
of great Integrity, and Mr. Justice Allibone a profess'd Papist. The
Councel for the King, was Sir _Thomas Powis_ Attorney-General, Sir
William Williams Solicitor-General, Sir _Bartholomew Shower_ Recorder of
_London_, Serjeant _Trinder_ a Papist, etc. And for the Prisoners, Sir
_Robert Sawyer_, Mr. _Finch_, Mr. _Pollexfen_, Sir _George Treby_,
Serjeant _Pemberton_, Serjeant _Levinz_, and the last and greatest, Mr.
_Somers_. The Court was extremely fill'd, and with Persons of the
Highest Quality, as if they interpos'd in the last Tryal for the
Liberties of the Church and Nation; The Marquesses of _Hallifax_ and
_Worcester_, the Earls of _Shrewsbury_, _Kent_, _Bedford_, _Dorset_,
_Bullingbrooke_, _Manchester_, _Burlington_, _Carlisle_, _Danby_,
_Radnor_ and _Nottingham_; Viscount _Falconberg_, and the Lords Grey of
_Ruthyn_, _Paget_, _Shandois_, _Vaughan_, and _Carberry_. The Return and
Warrant being read, the Attorney-General mov'd, That the Information
might be read to the Prisoners, and that they might immediately Plead to
it. This Motion the Bishops' Councel opposed; Objecting, First, that the
Prisoners were Committed by the Lord Chancellor, and some other of the
Privy Council, without expressing the Warrant, That it was by Order of
the Privy-Council; and therefore, That the Commitment was Illegal, and
that the Prisoners were not Legally in Court. And, Secondly, That the
Fact for which they were Committed was such, as they ought not to have
been Imprison'd for; because a Peer ought not to be Committed, in the
first Instance, for a Misdemeanor. Judge _Powel_ refused to deliver his
Opinion, before he had consulted Books: But the Lord Chief-Justice,
Judge _Allibone_ and Judge _Holloway_ Agreed, That the Fact charg'd in
the Warrant, was such a Misdemeanor, as was a Breach of the Peace; and
therefore, That the Information ought to be read, and the Bishops must
Plead to it. After the reading of the Information, the Bishops' Councel
desir'd that they might have an Imparlance till the next Term, to
consider what they had to Plead.
Public-domain text, read in full here on John Shaqi.
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