The objections of the Bishops are stated by Evelyn:—
“Not that they were averse to the publishing of it for want of due tendernesse towards Dissenters, in relation to whom they should be willing to come to such a temper as should be thought fit, when that matter might be consider’d and settl’d in Parliament and Convocation; but that, the Declaration being founded on such a dispensing power as might at pleasure set aside all Laws Ecclesiastical and Civil, it appear’d to them illegal, as it had done to the Parliament in 1661 and 1672, and that it was a point of such consequence that they could not so far make themselves parties to it, as the reading of it in Church in time of divine service amounted to.”
The Bishops were sent to the Tower for refusing to give bail, “as it would have prejudiced their Peerage. The concern of the people,” says Evelyn, “was wonderful, infinite crowds on their knees begging their blessing and praying for them as they passed out of the barge along the Tower wharf.”
That was on the 8th of June. On the 13th Evelyn visited four of the Bishops in the Tower. On the 15th they were brought to Westminster, where their indictment was read and they were called in to plead. They were called upon to give bail, but they refused; in the end they were dismissed on their own recognizances to appear that day fortnight.
JUDGE JEFFREYS (1648–1689)
From a print in the British Museum.
On the 29th they appeared and the trial took place. It lasted from nine in the morning until six in the evening. At that hour the jury, who had been drawn from Middlesex, not from London, retired to consider their verdict. They could not at first agree, and were locked up all night. All were for acquittal except one. At last he, too, agreed with the others.
“When this was heard,” says Evelyn, “there was great rejoicing: and there was a lane of people from the King’s Bench to the waterside on their knees, as the Bishops passed and repassed, to beg their blessing. Bonfires were made that night and bells rung, which was taken very ill at Court.”
It is pleasing to note that the Bishops not only refused to give bail, but refused to pay any fees to the Lieutenant of the Tower.