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 be Unlawful; it is not only Lawful, but his Duty, Rescribere Principi; which is all the Bishops had done here, and that in the most humble manner: That as to Matters of Fact alleg'd in the said Petition, there cou'd be no Design to Diminish the Prerogative, because the King had no such Prerogative: That the Petition cou'd not be Seditious, because it was Presented to the King in Private, and Alone; Nor False, because the Matter of it was True; Nor Malicious, for the Occasion was not sought, the Thing was press'd upon them; Nor, in short, a Libel, because the Intent was Innocent, and they kept within the Bounds set by the Act of Parliament, that gives the Subject leave to apply to his Prince by Petition, when he is aggriev'd.
When the Councel on both sides had done, Chief-Justice Wright summ'd up the Evidence, and told the Jury, That Sometimes the Dispensing Power had been allow'd, as in Richard IId's time, and sometimes deny'd; but that it was a Question out of the present Case; If they believ'd the Petition to be the same that was Presented by the Bishops to the King, then the Publication was sufficiently Prov'd: And whatever tended to Disturb the Government, or make a Stir among the People, was certainly within the Name of Libellus Famosus; and his opinion, in short, was, That the Bishops Petition was a Libel.
Mr. Justice Holloway declar'd, That the End and Intention of every Action was to be Consider'd: That the Bishops were Charg'd with Delivering a Petition which, according to their Defence, was done with all the Humility and Decency imaginable: That the Delivering of a Petition could be no fault, it being the right of every Subject to Petition: Therefore, if the Jury were satisfy'd, They did it with no Ill Intention, but only to shew the Reasons for their Disobedience to the King's Command, he cou'd not think it to be a Libel.
Mr. Justice Powel more plainly declar'd, That He could discern no Sedition or any other Crime fixed upon the Bishops, since there was nothing offer'd by the King's Councel to render the Petition False, Seditious or Malicious. He admonish'd the Jury to Consider that the Contents of the Petition were, That the Bishops Apprehended the Declaration to be Illegal, as being founded upon a Dispensing Power claim'd by the King; and that for his Part he did not remember in any Case in all the Law, that there was any such Power in the King, and if not, the Petition could not be a Libel. He concluded with telling them, That he could see no Difference between the King's Power to Dispense with the Laws Ecclesiastical, and his Power to Dispense with any Laws whatsoever: That if this was once allow'd of, there would be no need of Parliaments, and all the Legislature would be in the King, and so he left the Issue to God and their Consciences.
Mr. Justice Allibone was prepossess'd against Protestant Bishops, and to deliver his Opinion of their Guilt, he laid down Two odd Positions; 1. That no Man can take upon him to Write against the Actual Exercise of the Government, unless he have Leave from the Government, but he makes a Libel by what he Writes, whether True or False. 2. That no private Man can take upon him to Write concerning the Government; and therefore if he intrudes himself into the Affairs of the Publick, he is a Libeller for so doing. These Positions he back'd by a Resolution of the Judges of King James 1st's Time; That to frame a Petition to the King to put the Penal Laws in Execution, was next Door to Treason; which is a gross Misquotation, instead of a Petition against the Penal Laws, and for which, being taken up by Justice Powel and Serjeant Pemberton, little Heed was given to any thing he said afterwards. Whereupon the Jury withdrew, sat up all Night, and next Morning brought in the Reverend Prelates, Not Guilty.
There were immediately very Loud Acclamations thro' Westminster-Hall, and the Words Not Guilty, Not Guilty, went round with such Shouts and Huzza's, that the King's Sollicitor mov'd very earnestly that such as had shouted in the Court might be Committed; whereupon a Gentleman of Grey's-Inn was laid hold on, but soon discharged with this short Reproof from the Chief-Justice; "Sir, I am as glad as you can be that Lords the Bishops are Acquitted but ... you might Rejoice in your Chamber ... and not here."
THE INVITATION TO THE PRINCE OF ORANGE (1688).
Source.—Mackintosh: History of the Revolution in England, in 1688. London, 1834. Appendix III., p. 691. (Reprinted from MS. in British Museum.)
We have great satisfaction to find, by 35, and since, by Mons. Zuylistein, that your Highness is so ready and willing to give us such assistance as they have related to us. We have great reason to believe we shall be every day in a worse condition than we are, and less able to defend ourselves, and, therefore, we do earnestly wish we might be so happy as to find a remedy before it be too late for us to contribute to our own deliverance; but, although these be our wishes, yet we will by no means put your Highness into any expectations which may misguide your own councils in this matter; so that the best advice we can give is, to inform your Highness truly both of the state of things here at this time, and of the difficulties which appear to us. As to the first, the people are so generally dissatisfied with the present conduct of the government in relation to their religion, liberties, and properties (all which have been greatly invaded); and they are in such expectations of their prospects being daily worse, that your Highness may be assured there are nineteen parts of twenty of the people throughout the kingdom who are desirous of a change; and who, we believe, would willingly contribute to it, if they had such a protection to countenance their rising, as would secure them from being destroyed, before they could get to be in a posture able to defend themselves: it is no less certain, that much the greatest part of the nobility and gentry are as much dissatisfied, although it be not safe to speak to many of them beforehand; and there is no doubt but that some of the most considerable of them would venture themselves with your Highness at your first landing, whose interest would be able to draw great numbers to them, whenever they could protect them, and the raising and drawing men together; and, if such a strength could be landed as were able to defend itself and them, till they could be got together into some order, we make no question but that strength would be quickly increased to a number double to the army here, although their army should remain firm to them; whereas we do, upon very good grounds, believe, that their army then would be very much divided among themselves; many of the officers being so discontented, that they continue in their service only for a subsistence (besides that some of their minds are known already): and very many of the common soldiers do daily show such an aversion to the Popish religion, that there is the greater probability imaginable of great numbers of deserters which would come from them, should there be such an occasion; and amongst the seamen, it is almost certain that there is not one in ten who would do them any service in such a war. Besides all this, we do much doubt whether this present state of things will not yet be much changed to the worse, before another year, by a great alteration, which will probably be made both in the officers and soldiers of the army, and by such other changes as are not only to be expected from a packed parliament, but what the meeting of any parliament, in our present circumstances, may produce against those who will be looked upon as principal obstructers of their proceedings there; it being taken for granted, that, if things cannot then be carried to their wishes in a parliamentary way, other measures will be put in execution by more violent means; and, although such proceedings will then heighten the discontent, yet such courses will, probably, be taken at that time, as will prevent all possible means of relieving ourselves.
These considerations make us of opinion, that this is a season in which we may more probably contribute to our own safeties than hereafter (although we must own to your Highness there are some judgments differing from ours in this particular), in so much that, if the circumstances stand so with your Highness, that you believe you can get here time enough in a condition to give assistance this year sufficient for a relief under those circumstances which have been now represented, we who subscribe this will not fail to attend your Highness upon your landing, and to do all that lies in our power to prepare others to be in as much readiness as such an action is capable of, where there is so much danger in communicating an affair of such a nature, till it be near the time of its being made public. But, as we have already told your Highness, we must also lay our difficulties before your Highness; which are chiefly, that we know not what alarum your preparations for this expedition may give, or what notice it will be necessary for you to give the states beforehand, by either of which means their intelligence or suspicions here may be such as may cause us to be secured before your landing; and we must presume to inform your Highness, that your compliment upon the birth of the child (which not one in a thousand here believes to be the Queen's) hath done you some injury; the false imposing of that upon the Princess and the nation being not only an infinite exasperation of people's minds here, but being certainly one of the chief causes upon which the declaration of your entering the Kingdom in a hostile manner must be founded upon your part, although many other reasons are to be given on ours. If, upon a due consideration of all these circumstances, your Highness shall think fit to venture upon the attempt, or, at least, to make such preparations for it as are necessary (which we wish you may), there must be no more time in letting us know your resolution concerning it, and in what time we may depend that all the preparations will be ready; as also whether your Highness does believe the preparations can be so managed as not to give them warning here, both to make them increase their force, and to secure those they shall suspect would join with you. We need not say any thing about ammunition, artillery, mortar-pieces, spare arms, etc., because, if you think fit to put any thing in execution, you will provide enough of these kinds, and will take care to bring some good engineers with you; and we have desired Mr. H.[21] to consult you about all such matters, to whom we have communicated our thoughts in many particulars too tedious to have been written, and about which no certain resolutions can be taken till we have heard again from your Highness.