Constitutional history -- Great Britain; Great Britain -- History -- 1689-1714 -- Sources; Great Britain -- History -- Restoration, 1660-1688 -- Sources
Sir Samuel _Astry_, Clerk of the Crown,
being ask'd what was the Course of the Court? Answer'd, that of late
Years, if a Man appear'd upon a Recognizance, or was a Person in
Custody, he ought to Plead at the first Instance; but that he had known
it to be at the Discretion of the Court to grant what Line they pleas'd.
After this Answer, the Lord Chief-Justice declar'd, That the Bishops
should now Plead to the Information. Thereupon the Lord Arch-Bishop of
_Canterbury_ offer'd a Plea in behalf of himself and his Brethren the
other Defendants, alledging, _That they were Peers of this Kingdom of_
ENGLAND, _and Lords of Parliament, and ought not to be compell'd to
Answer instantly, for the Misdemeanour mentioned in the Information; but
that they ought to be requir'd to Appear by due Process of Law; and upon
their Appearance, to have a Copy of the said Information, and reasonable
Time given them to Imparle thereupon_. The King's Councel labour'd hard
to have the Plea rejected. After a long Debate, Judge _Powel_ said, He
was for receiving the Plea, and Considering of it; but the rest of the
Judges declar'd for Rejecting of it: So the Prisoners at last Pleaded,
_Not Guilty_. The King's Councel pray'd, the Clerk might join Issue on
behalf of the King; and desir'd the Defendants to take Notice, That they
intended to Try this Cause on that Day Fortnight; adding That they were
Bailable, if they pleas'd. Sir _Robert Sawyer_ desir'd, that their own
Recognizance might be taken; which was readily granted.
Public-domain text, read in full here on John Shaqi.
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