ing intercepted, directed to secretary Nicholas, was ordered to be opened; but one of them being directed to the Queen, the lords disputed the opening of it, and sent to know the opinion of the commons about it. They returned for Answer, That they had voted it should be opened; on which the lords, conceiving this affair to be a thing of great consequence, de- | sired a conference; the report of which was, "That the commons said, they saw no reason to alter their vote; 1. Because it concerned | the safety of the kingdom; for, by this means, the evil spirit and counsels of the lord Digby might be discovered and prevented. 2. If this Letter be delivered to the Queen unopened, the parliament will be put to a deal of trouble to discover what is presented to her majesty in these letters. 3. Since, of late, they had very good reason to suspect the lord Digby as an ill instrument, they conceive they ought not to lose so happy an occasion offered to do the state service; which, if neglected, they shall not be able to answer." On this, a great debate arose in the lords, but, at last, it was ordered, That the Letter should be opened. Resolutions of the Commons concerning evil Counsellors, &c.] Feb. 15. This day Mr. Glynn reported to the commons the Resolutions of a committee, appointed to consider how evil Counsellors might be found out and removed from the king, as follows: 1. That all privy-counsellors and great officers of state may be removed for the present, excepting such as have offices by inheritance. 2. That bis majesty shall be humbly desired, that he will be pleased to receive only such, to be counsellors and great officers of state, as shall be recommended unto him by the humble advice of both houses of parliament. 3. That such of the said counsellors and great officers, whose names shall be prescuted by both houses, shall not have access to the persons or courts of the king and queen's majesty. 4. That Mr. Wm. Murray, of the bed-chamber, is thought fit to be removed from the persons and courts of the king and queen, as one that is conceived to give dangerous counsel." In like manner, Mr. Porter, the lord Digby, Mr. Wm. Crofts, and sir John Wyntour secretary to the queen, were excepted against; but when Mr. Porter's exception, being a member of that house, was put to the Question, it was carried against him, by only 110 against 107. The Lords pass the Ordinance for the Militia.] Feb. 16. The Ordinance concerning the Militia being at last compleated by the two houses, it was this day read and agreed to by the lords; and ordered to be presented to the king. Lord Clarendon observes upon this occasion, "That when this bill had been, with much ado, accepted, and first read, there were few men who imagined it would ever receive farther countenance: but now there were few, who did not believe it to be a very necessary provision for the peace and safety of the kingdom; so great an impression had the late proceedings made upon them." The 12 Bishops remanded to the Tower. A message was brought from the commons by Mr. Hollis, importing, "That they understood their lordships had bailed the 12 Bishops impeached by them of high treason; but that they had voted they ought not to be bailed; and therefore desired their lordships to remand them back to the place where they were: which the lords also ordered accordingly: bet sent to let the commons know, that they had ordered the Trial to be on the 19th instart, which was agreed to by the commons. The Queen's Message concerning Lord Digly' Latter to her.] Feb. 17. The king's Answer to the parliament's Address of l'hanks was reported to the lords; which was only this Well, I pray you take Ireland, really, ins your care; and let your thanks be expressed in that, and I shall thank you." A Message came, also, from the King, th day, to the lords, which was read in the words:-"His majesty, at the earnest desire his consort, the Queen, hath thought fit to s quaint the parliament, that she understand t a Letter, addressed to herself, had been open by them, and remains in their custody, dess that a transcript of it might be speedily sest her; and declares, That if the parliam should desire to be further satisiied from he of any particulars mentioned in that lette or any circumstances concerning the same, far forth as may any ways relate unto reflect upon her person, or any whatsoever c cerning her, she is ready and very willing s give them due satisfaction therein." A copp of this Message was dispatched to the com mons; but, this not contenting that house, they desired to see the original message which wa sent them. Another Petition relating to the Accusi Members.] The commons prepared anoth petition to the King, concerning the accuse Members, which they sent up to the lords their concurrence, who joined with them in a This petition was as follows : To the King's Most Excellent Majesty; T humble PETITION of the LORDS and CoxMONS, now assembled in parliament, "Sheweth; That whereas your majesty, Answer to their late Petition touching the p ceedings against the lord Kimbolton, Mr. Hola &c. members of the parliament, was please to signify, That as your maj. ouce conceivi that you had ground enough to accuse the So now your inaj, finds as good cause, wha to defer any further prosecution of them; withstanding which, they remain still under that heavy charge so imputed unto them, t the exceeding prejudice not only of themselves, but also of the whole parliament: and whereas, by the express laws and statutes of this y realm, that is to say, by two acts of parliament, the one made in the 37th, and the other in the 38th year of the reign of your most noble progenitor king Edw. 3. If any person whatsoever make suggestion to the king himself of any crime committed by another, the same person suade the queen, That she will not vouchsafe · The Trial of the 12 Bishops begun.] This being the day, last appointed, for the Trial of the 12 Bishops, they were brought to the bar of the house of lords, where the managers, for the commons attended. The lord-keeper told those gentlemen they might now proceed against them; whereupon Mr. Glynn desired the Impeachment might be read; which being done, the Answer, or Plea, of the Bishops was also read; importing, That they were not guilty of the Treason charged against them. Then the Petition of the Bishops was read, on which the said Impeachment was grounded (see p. 993); after which Mr. Glynn proceeded to open the charge; and first desired, "Most Gracious Sovereign; Your majesty's That the Bishops might be asked, Whether ost loyal and faithful subjects, the lords and they did subscribe the Petition now read, and ommons ir parliament, have received your whether it was their hand-writing?' To this lessage of the 17th instant, sent at the in- question the bishops refused to answer, because ance of the queen; and, upon consideration they alledged, That it was not charged in the ereof, we find, to our great joy and content, impeachment; neither were they bound to car expressions of grace and favour from accuse themselves.' Another question was oth your majesties, for which we return you then put to them, Whether they consented ir most humble thanks; and have herewithal not to the exhibiting and preferring of the nt the transcript of that Letter required by Petition?' To this they said, That they would bur maj. as, likewise, of two other letters di- stand to their former answer of Not Guilty." cted to Mr. secretary Nicholas and sir Lewis Then Mr. Glynn desired, That the Bishops ives; all which were brought to us, under Answer which they made voluntarily, in this ae cover, directed to Mr. Secretary, with in-house, on the 30th Dec. last, might be read rmation that they were written by the lord igby; who being a person fled from the jusce of parliament, and one who had given any evidences of his disaffection to it, we onceived it necessary to open the two latter; ad finding sundry expressions in them full of sperity and malignity to the parliament, we ought it very probable the like might be conined in the Letter to her majesty; and that would be dishonourable for her and dangerus to the kingdom if it should not be opened; herein we were no wit deceived, as your maj. ay well perceive by the contents of it. And though we cannot but be very sensible of the eat dishonour therein done to your majesties, ad the malicious endeavours of fomenting and creasing the jealousies betwixt your majesty ad your people; yet we are far from reflecting ything on the Queen, or expecting any tisfaction from her maj. but impute all to the old and invenomed spirit of the man. Only e most earnestly beseech your maj. to per These Letters will be found in Rushworth, ok iv. p. 554. out of the Journal Book; which being done, all the bishops, except the abp. of York, voluntarily confessed, That they subscribed the said Petition, and did own the hand-writing; but denied that they consented to the preferring of it. The committee of the commons then proceeded, and desired leave to examine some witnesses to prove the falsity of the Bishops Petition, in styling it, "The Petition of all the Bishops and Prelates now called by his majesty's writ to attend in Parliament, and present about London and Westminister. Likewise to prove that several bishops did never give their consents to the said petition, or ever absented themselves from parliament, on any occasion, or reason of fear or menace: and that some of the petitioners, viz. the bishops of Gloucester and Bath and Wells, sat in the house of lords the 28th of Dec. last. To prove this the bishop of Salisbury was sworn, who said, 'That he was present about London and Westminster, at the time when the other bishops presented their petition to the king and parliament: That he was not absent from parliament on any other occasion, than his attendance on the prince, and not out of any force or menace: neither did he hear or know of that petition, before it was brought into the house of peers, or ever consented to it before it was preferred, or since.' Next the bishop of Winchester, upon oath, deposed, That, ever since the last recess, be hath been resident in and about London and Westminster, and attending the parliament: that he was sent for to come to the abp. of York the day after the great tumult, at the dean of Westminster's house, where were several other bishops present; the said abp. then said, That they had been affronted, and shewed a draught of a petition, and read it to them. Some speaking of amendments to it, the abp. said, It was hastily done, and might be made better,' or words to that effect: That then the abp, left them, and, it being late, he went home himself. Afterwards he heard no more of this matter, until he, being in the parliament house, saw a petition there under the 12 bishops hands; and thinks that it was, in effect agreeable with the aforesaid draught, although, he said, there have been some alterations made therein. He further said, That he never gave any consent to the delivery of the said petition to the king or to the lords in parliament. Also, that on the 29th of Dec. last, he, being coming to the parliament by water, met the earl of Newburgh, between the landing place at the parliament stairs and the parliament house; who asked him whither he was going, and told him there were none of his brethren, the bishops, in the house; and thereupon he turned back. He likewise said, that either on that day, or some other about that time, he was coming in a boat towards the shore, to land at the parliament stairs; and seeing a company of 'Prentices, and others standing on the shore, crying, No Bishops,' some called out to him, and advised him not to land there; and thereupon he caused the boat where he was to turn off, and to carry him to Lambeth, where he sent for his coach to carry him home. He further said, that he never absented himself from parliament, at any other times, except upon private occasions,' Then the bishop of London was sworn, who said, 'He had been resident in and about London, ever since the last recess of this parliament: that, being at the latter place the day the 12 bishops were committed to the Tower, he was told of it, and the reason of their comnitments: That the next day he came to the house of lords, where he saw the petition which the said bishops had presented; but did never hear of it before: that the only reason he came not to parliament, was because of the frost. Lastly, that he never did consent to the delivery of the said petition to his majesty, nor to the lords in parliament.' The Evidence for the matter of fact being given, Mr. Glynn desired, That the Bishops would make their several Answers to their charge, if they had any thing to say. Here upon, every bishop for himself, made his Ar swer to the matter of fact; the effect wherent was, "That, by reason of the great concourse of people and their menaces, they were afraid to come to parliament, which was the cause of preferring the aforesaid Petition and Protesta tion, to preserve their rights in parliament; without any intention to commit my treasonable act, or destroy the fundamental laws and being of parliaments, as is charged in the inpeachment against them." To this Mr. Glynn replied, and made some observations on some of the protestations in the Petition, and observed the circumstances in the body of the Petition, which he pressed by way of aggravation. "Tis said, adds he, i their Petition, they can find no redress not tection, upon sundry complaints made to bu houses; and they do protest agamst all vote, laws, orders, resolutions, and determinate as in themselves null and of none effect, wh in their absence, since the 27th of Dec, last, la already past; as likewise against all such a shall hereafter pass in this house, during time of their absence from it: which wor he said, are an express denial of the king authority, in giving the royal assent, in parlina ment, because the bishops were not presente That their crimes tended to the subversion undermining the foundation and power of pe liament. It deprives this house of all be and makes its body without life or motion, to be less than a Pie-Powder Court, unless the bishops were present. It overthrows the f damental laws of the kingdom for the ter same reason, and is a derogation of the hos and the privileges of parliament; charging houses with denial to give them redress upon plaints made of the particulars in the Petter when, in truth, no such complaints were est made to parliament. That the bishops, min Petition, endeavoured to raise sedition, an tix an impression in the hearts of the per That the parliament, at that time, ba power to act, or proceed in any business relieve them in their grievances without bishops were present. That when the bish Petition was preferred, there was a great bellion in Ireland; and the remedy to a due that kingdom to obedience was aids supplies, as the wisdom and power of patie ment should provide, which was well knowa the bishops; therefore their Petition and Pr testation was a direct act to endeavour the of that kingdom. Lastly, that at the s time when the Petition was preferred, te was a bill depending in this house to d the Bishops from sitting and voting in parts ment.' Mr. Glynn concluded with observe That their evil intentions might be discover. 1st. By the many falsities in their Petition Protestation which had been proved by w ses; next, by the time when these were p ferred, it being the second day after s had passed this house, That this p ment is a free parliament; therefore it wa endeavour to make an assault upon that ww and ammul it. And these, adds he, were the streams that flowed from this fountain.'-After Mr. Glynn had done speaking to inatter of fact, the Bishops desired to be heard, by their counsel, concerning the matter of law, in point of treason. But both sides being commanded to withdraw, the lords took this into consideration; and ordered, That the Trial of the 12 Bishops, &c. should be further proceeded in on the 24th instant.' prevent these evils, nor enable us to suppress the Rebellion in Ireland, and secure ourselves, but the instant granting of that our humble Petition; which we hope your maj. will not deny to those who must, in the discharge of their duties, both to your maj, and the com mon-wealth, represent unto your maj. what they find so absolutely necessary for the pres servation of both; which the laws both of God and man enjoin them to see put in execution, as several counties, by their daily petitions, have desired of us, and, in some places, begin already to do it of themselves." Another Answer from the king, about the lord Kimbolton, &c. was this day, also, reported to the house, and was much to the same The King defers giving an Answer concerning the Militia Ordinance.] Feb. 21. The lord Stamford reported to the house the king's Answer to the last Message from parliament about the Militia; "That it being on a business of the highest importance, not only for the kingdom in general, but also for his majes-purport as the former, ty's regal authority, he thinks it most necessary Impeachment of Lord Digby.] Feb. 22. The to take some time for advisement thereupon; commons seut up an Impeachment of High and therefore he cannot promise a positive Treasou agamist George lord Digby, desiring Answer until he shall return; which he intends their lordships to prefix some short time for o do as soon as he shall have put his dear-him to come and appear, before which time 1st consort, the Queen, and his dear daughter, the princess Mary, on board for their transportition to Holland." Both Houses Petition the King again.] This Answer being sent down to the comnons, it was by no means relished in that ouse; and the same day they drew up anoher Petition to the king about this matter; which being sent to the lords, it was by them greed to, and ordered to be presented by the arl of Portland and two commoners. This Petition was as follows: the commons would be ready to come up to make good their charge against him. Upon this the lords ordered out a proclamation, through England and Wales, for the lord Digby to appear and answer to this charge, within 15 days after date, on pain of conviction. The Attorney Generut's Answer to the Impeachment against him.] This day the Attor ney General delivered in his Answer to the Charge of the commons against him, which was read before a committee of that house, in these words: To the King's Most Excellent Majesty; The and at all times hereafter, all just exception to "The said defendant, saving to himself now, Humble PETITION of the LORDS and COM- "May it please your most excellent najesty Your humble and loyal subjects, he lords and commons, have, with a great ical of grict, received your majesty's Answer to their just and necessary Petition concerning the Militia of the kingdom; which your majesy, by a gracious Message formerly sent unto hem, was pleased to promise should be put to such bands as your parliament shall approve of, or recommend unto you: the extent of their power, and the time of their continuance being likewise declared: That being done, and the persons by both houses nominated, your maj. nevertheless, defers your resolution herein to a longer and very uncertain time; which, the present dangers and distractions being so great and pressing, is as unsatisfactory and destructive as an absolute denial: Therefore, we once again beseech your maj. to take our desire into your royal thoughts, and to give us such an Answer as may raise in us a confidence that we shall not be exposed to the practices of those who thirst after the ruin of this kingdom, and the kindling of that combustion in England, which they have, in so great a measure, effected in Ireland; from whence, as we are daily informed, they intend and endeavour to invade us, with the assistance of the Papists here amongst us. Nothing can the said Inipeachment, as the same is charged, for Answer saith, and acknowledgeth, That he is, and the 3d day of Jan. last past was, his majesty's Attorney General sworn: But whereas he is charged with the malicious, false, and scandalous advising and contriving the Articles in the said Impeachment mentioned, he saith, That he was, and is so far from any malice, falsehood or scandal, in the advising and contriving of the same, or any of them, that he did not at all advise or contrive the said articles, or any of them; nor ever knew or heard of them, or any of them, until he received them from his majesty's hands, the said 3rd day of Jan. last past, ready ingrossed in paper.-And as to that part of the said Impeachment, which chargeth this defendant with the exhibiting of the said Articles to this hon. house, he saith, That, upon the said 3rd day of Jan. he repaired to his majesty by his command, who then delivered unto this defendant a paper containing the Articles in the said Impeachment mentioned, and did command him, in his majesty's name, to acquaint this hon. house that divers great and treasonable designs and practices, against his majesty and the state, were come to his majesty's knowledge; for which his maj. commanded this defendant, in his majesty's name, to accuse 6 members, in the said paper mentioned, of high treason, and other high misdemeanors, by 1 thereof to be made; and the intent and endervour falsely, unlawfully, and maliciously to deprive this hon. house, or the hon. house of commons, of any of the members of the said houses, or to take away any of their lives, estates, i good names; and every offence and misdemearor charged by the said impeachment upon tha defendant, he saith he is not guilty of then, or any of them, in such mauner and form as 1, the said Impeachment is charged. All who matters and things this defendant is, and við be, ready to aver and prove in such sort, as t this hon, house of parliament shall seem meet." The earl of Monmouth was again bail fur Mr. Attorney, in 5000!. bond, for his appen auce to abide the judgment of the lords in pr liament, in this cause, and so the matter wa dismissed for that time. Feb. 23. This day the queen and princess d Orange embarked for Holland*: on the the king returned to Canterbury, and the nat day to Greenwich; from whence, on the 20 he removed to Theobalds on his way to Yo Further Proceedings against the 12 Be Feb. 24. This being the day for the further ceedings against the 12 Bishops, the lords sent down word to the commons, That they had a pointed that afternoon, to hear their counsel, delivering that paper to your lordships, and to desire to have it read: And further to desire, in his majesty's name, that a select committee of lords might be appointed to take the examinations of such witnesses as his maj. should produce, as formerly had been done in cases of like nature, according to the justice of this house; and that committee to be under, a command of secresy, as formerly: and further, in his majesty's name, to ask liberty to add and alter, if there should be cause, according to justice and likewise, that their lordships would take care of the securing of the said persons, as, in justice, there should be cause.-That, according to his majesty's said command, this defendant did come to this hon. house, the said 3rd day of Jan. and then, after the rt. hon. Edw. lord Littleton, lord keeper of the great seal of England, had declared to this hon. house, that he was commanded by his maj. to let your lordships know, that his maj. had given this defendant command to acquaint your lordships with some things from his maj.; this defendant thereupon, the said 3rd day of Jan. in this hon, house, before your lordships, then and there sitting in parliament, in obedience to his majesty's said commands, as a message from hin, did declare the aforesaid commands of his maj.; by acquainting your lord-point of law, concerning the treason alledra ships, that the king had commanded him to tell your lordships, that divers great and treasonable designs and practices, against him and the state, had come to his majesty's knowledge, for which the king had given his command to acuse six persons of high treason, and other high misdemeanors, by delivering these Articles: And that he was commanded to desire your lordships to have them read; which, by your lordships command, were accordingly read by the clerk: And then further declared, that he was also commanded by his maj. to desire, on his majesty's behalf, that a select committee might be appointed to take the exami- | nation of such witnesses as the king would produce, as formerly had been done in cases of like nature, according to the justice of this house; and this committee to be under a command of secresy, as formerly: And that he was commanded to ask liberty to add according to justice; and that he was commanded to desire that your lordships would take care for the se- *Whitlocke says, "That the queen cares curing of those persons, as, in justice, there with her all her own and the king's jewels, 16 should be cause. And saith, he did not con- leaving behind the jewels of the crown; that ceive there could be any offence in what was with them, and the assistance of the prince of so done by him, in this hon, house, in obedi- Orange, a sufficient party might be raised i ence to those his majesty's commands; being the king." But lord Clarendon alledges, “T wholly thereby left to your lordship's wisdoms both their majesties were reduced to so great and judgments, being his majesty's great coun- want, that the queen was compelled to coin eil and greatest court for advice and justice.- sell her chamber plate for the supply of Lo And as touching the false, scandalous and ma- most necessary occasions; there being no money licious advising, contriving, or publishing the in the Exchequer, or in the power of the a said Articles, or any other Articles against the uisters of the revenue; the officers of the c said persons in the said papers mentioned, or toms, out of which the allowance for the wedany of them; or any breach of this defendant's ly support of their majesty's housebold int oath of attorney general; and to the false, un-been made, being injoined by the house lawful, and malicious exhibiting the said Arti- commons not to issue out any money, wither cles into this hen. house, or causing any entry their particular consent and approbation.” against them. Soon after the commons re turned for Answer, That they had resolved proceed against the said Bishops who me impeached by them for high treason, by t and are proceeding in it accordingly. Her upon the bishops were called in, and told us matter; on which they said, They had lain kig under a charge of Treason, and have had m days assigned them to be heard; and s the matter of fact had been heard, they des the justice of this house that they might be heard by their counsel, in point of law; and either be acquitted, or judgment given a them upon the charge. The bishops being dered to withdraw, the lords took their desires into consideration, and it was ordered, “Th before the matter against the 12 Bishops sta be concluded in any proceeding in that he, they shall be heard by themselves and the counsel, as their cause shall require." Ik |