Constitutional history -- Great Britain; Great Britain -- History -- 1689-1714 -- Sources; Great Britain -- History -- Restoration, 1660-1688 -- Sources
On _June 29_ the Bishops Appear'd before the Court of _King's Bench_,
according to their Recognizance, the Appearance being still greater than
a Fortnight before; for there were now present the Marquesses of
_Halifax_, and _Worcester_, the Earls of _Shrewsbury_, _Kent_,
_Bedford_, _Pembroke_, _Dorset_, _Bullenbrooke_, _Manchester_, _Rivers_,
_Stamford_, _Carnarven_, _Chesterfield_, _Scarsdale_, _Clarendon_,
_Danby_, _Sussex_, _Radnor_, _Nottingham_ and _Abington_, Viscount
_Falconberg_, and the Lords _Newport_, _Grey_ of _Ruthyn_, _Paget_,
_Shandois_, _Vaughan_, _Carberry_, _Lumley_, _Carteret_ and _Ossulston_.
This splendid Appearance was chiefly owing to the indefatigable Care and
Solicitation of the Clergy, and especially of the Reverend Dr.
_Tennison_. And indeed, the making such a Figure in the Court, had
possibly some good Effect upon the Jury, if not upon the Bench: And it
was afterwards observ'd by way of Jesting upon Words _That the Bishops
were Deliver'd by the_ Nobilee _before, and the_ Mobilee _behind_. The
Information being Read, and Open'd to the Jury; the Attorney-General, to
take off the Odium of this Prosecution, and in some measure to pacify
the People, who could not forbear showing their Resentments, even in the
face of the Court, began with Observing, First, That the Bishops were
not Prosecuted as Bishops, much less for any Point or Matter of
Religion, but as Subjects of this Kingdom, and only for a Temporal
Crime, as having censur'd and Affronted the King to his very Face.
Secondly, That they were not Prosecuted for Omitting to do any thing;
but as they were Actors in Accusing, and, in effect, of Arraigning His
Majesty, and his Government &c. A great deal of Time was spent in
Proving, that the Petition produc'd in Court, was the Hand writing of
the Arch-Bishop of _Canterbury_; That it was Signed by him and the Six
Bishops; And that it was the same which was Presented to His Majesty.
After an Elaborate Proof of these Particulars, by the Depositions of Sir
_John Nicholas_ ... and by the Earl of _Sunderland_, who in Court
affirm'd, That he Introduced the Bishops, and was in the Room when they
deliver'd the said _Petition_ to His Majesty. The Fact being Prov'd, the
Bishop's Councel were very Learned and Eloquent in Defence of their
Clients: Mr. _Somers_ spoke last, and mention'd the great Case of
_Thomas_ and _Sorrel_ in the _Exchequer-Chamber_, upon the Validity of a
_Dispensation_; urging, That there it was the Opinion of every one of
the Judges, That there never could be an Abrogation, or a Suspension
(which is a Temporary Abrogation) of an Act of Parliament, but by the
Legislative Power: That indeed it was Disputed, how far the King might
Dispense with the Penalties in such a particular Law, as to particular
Persons; but it was Agreed by all, That the King had no Power to Suspend
any Law: That by the Law of all Civiliz'd Nations, If the Prince does
require something to be done, which the Person who is to do it takes to
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