3. In 1681 an attempt was made to procure an indictment against the Earl of Shaftesbury, for High Treason. The Bill was presented to the Grand-Jury at London; Chief Justice Pemberton gave them the charge, at the king's desire--it was Charles II. They were commanded to _examine the evidence in public_ in the presence of the court, in order that they might thus be overawed and forced to find a bill, in which case the court had matters so arranged that they were sure of a conviction. The court took part in examining the witnesses, attempting to make out a case against the Earl. But the jury returned the bill with IGNORAMUS on it, and so found no indictment. The spectators rent the air with their shouts. The court was in great wrath, and soon after the king seized the Charter of London, as I have already shown you, seeking to destroy that strong-hold of Liberty. Shaftesbury escaped--the jury was discharged. Why did not the court summon another jury, and the chief justice put his brother-in-law on it? Roger Coke says, "But as the knights of Malta could make knights of their order for eight pence a piece, yet could not make a soldier or seaman; so these kings [the Stuarts] though _they could make what judges they pleased_ to do their business, _yet could not make a grand-jury_." For the grand-juries were returned by the Sheriffs, and the sheriffs were chosen by the Livery, the corporation of London. This fact made the king desire to seize the charter, _then he could make a grand-jury to suit himself_, out of the kinsfolk of the judge.[123] [Footnote 123: 8 St. Tr. 759, see the valuable matter in the notes, also 2 Hallam, 330 and notes.] 4. Next comes the remarkable case of the Seven Bishops, which I have spoken of already.[124] You remember the facts, Gentlemen. The king, James II., in 1688, wishing to overturn Protestantism--the better to establish his tyranny--issued his notorious proclamation, setting aside the laws of the land and subverting the English Church. He commanded all Bishops and other ministers of religion to read the illegal proclamation on a day fixed. Seven Bishops presented to him a petition in most decorous language, remonstrating against the Proclamation, and asking to be excused from reading it to their congregations. The king consulted with Father Petre,--a Jesuit, his confessor--on the matter, and had the bishops brought to trial for a misdemeanor, for publishing "a seditious libel in writing against his majesty and his government." It was "obstructing an officer." [Footnote 124: See above, p. 32.]