Canterburys Doom, Floating text 4 – Floating text 23

Canterburys Doom · Floating text 4 – Floating text 23

p. 37An Introduction to the accuſation againſt Canterbury, and the Leiutenant. of IRELAND.

SEeing His Majeſtie hath beene Gratiouſly pleaſed concerning out fourth demand to declare, that all his ſubjects ſhall be lyable to the tryall and ſentence of the Parhament reſpective; And ſeeing the Incendiaries are of two ſorts, either of the Engliſh or Scottiſh Nation, to bee tryed here or there, of the Scottiſh wee ſhall ſpeake afterward, And for the preſent we ſhall deliver to your Lordſhips, the grounds of our complaint againſt the Prelate of Canterbury, and the Leiutenant of Ireland, whom the Kingdome of Scotland have conceived and expreſſed to have beene prime Incendiaries, that they may be fully preſented to your Lordſhipps, to the Kings Majeſty and to the Parliament, without prejudice alwayes unto us to adde hereafter what we ſhall find neceſſarie. And although we do not preſently verefie every point p. 38therein, yet our preſent proofs of ſome principall points & our probable preſumptions of the reſt, which are annexed therewith, are ſufficient ground, cum conſtat de incendio, to one Nation, to deſire another to put them, per viam tranſitionis, to a tryall, and to examine all the Councellors, and others here, who may be conceived to have beene eye or eare witneſſes, of any of the Councells, ſpeeches or Actions lyable to the Charge, and for ſaving unneceſſarie charges and travell to the ſubjects to direct Commiſſions and all other Warrants, requiſite to ſuch as his Majeſty and the Parliament ſhall think fit, for examining all ſuch perſons, as may be apprehended to have knowledge of any of theſe Councells, Speeches or Actions, which are alleadged to have beene in Ireland, and that upon ſuch Interrogatories as we ſhall give unto the Parliament, & ſhall be pleaſed to adde for triall. All which we earneſtly crave of his Majeſty, and the Parliament, as we deſire that his Majeſty may be pleaſed to ſend Warrant to the Committee of at Eſr: like, or to the Sheriffes of Shires for examining witneſſe anent the oath preſſed upon any of our Country men, and other wrongs contained in the complaint if they be not ſufficiently proved here. 14. December. 1640.

After theſe Originall Articles exhibited againſt the Archbiſhop, both by the Scottiſh Commiſsioners and Houſe of Commons to the Houſe of Peeres, the Archbiſhop delaying to plead unto them; and the Parliament being taken up with many emergent weighty affaires for their owne and the Kingdomes neceſſary preſervation, by reaſon of the unnaturall bloody Rebellion in Ireland, and Warres in England ſo reploted, and raiſed by the popiſh party, the proceedings againſt him were reſpited neare two yeares ſpace: And then the Commons intending to bring him to a ſpeedy triall, exhibited theſe enſuing. Additionall Articles againſt him, not much different from the Originall, except in ſome particulars.

Further Articles of Impeachment by the Commons aſſembled in Parliament againſt William Laud Archbiſhop of CANTERBVRY, of high Treaſon and divers high Crimes and Miſdemeanours, as followeth.

1. THat the ſaid Archbiſhop of Canterbury, to introduce an Arbitrary Government within this Realme, and to deſtroy Parliaments, in the third and fourth yeares of his Majeſties reigne that now is, a Parliament being then called, and ſitting at Weſtminſter, traiterouſly and maliciouſly cauſed the ſaid Parliament to be diſſolved, to the great grievance of his Majeſties ſubjects, and prejudice of this Commonwealth: And ſoone after the diſſolution thereof, gave divers Propoſitions under his hand, to George then Duke of Buckingham, caſting therein many falſe aſperſions upon the ſaid Parliament, calling it a factious Parliament, and falſly affirming, that it had caſt many ſcandalls upon his Majeſty, and had uſed him like a child in his minority, ſtiling them Puritans, and commending the Papiſts for harmleſſe and peaceable ſubjects.

2. That within the ſpace of ten yeares laſt paſt, the ſaid Archbiſhop hath treacherouſly endeavoured to ſubvert the fundamentall Lawes of this Realme; and to that end hath in like manner endeavoured, to advance the power of the Councell Table, the Canons of the Church, and the Kings Prerogative, above the Lawes and Statutes of the Realme. And for manifeſtation thereof, about ſix yeares laſt paſt, being then a Privy Councellor to his Majeſty, and ſitting at the Councell Table, he ſaid, that as long as he ſate there, they ſhould know, that an Order of that Board ſhould be of equall force with a law or Act of Parliament. And at another time uſed theſe words, That he hoped ere long that the Canons of the Church, and the Kings Prerogative ſhould be of as great power as an Act of Parliament. And at another time ſaid, that thoſe that would not yeeld to the Kings power, hee would cruſh them to peeces.

p. 393. That the ſaid Archbiſhop, to advance the Canons of the Church, and power Eccleſiaſticall above the law of the Land, and to pervert and hinder the courſe of Iuſtice, hath at divers times within the ſaid time, by his letters, and other undue meanes and ſolicitations, uſed to Iudges, oppoſed and ſtopped the granting of his Majeſties Writs of Prohibition, where the ſame ought to have beene granted, for ſtay ef proceedings in the Eccleſiaſticall Court, whereby juſtice hath beene delayed and hindered, and the Iudges diverted from doing their duties.

4. That for the end and purpoſe aforeſaid, about ſeaven yeares laſt paſt, a Iudgment being given in his Majeſties Court of Kings Bench againſt one Burley a Perſon, being a man of bad life and converſation, in an Information upon the Statute of 21. Hen. 8. for wilfull Non-reſidency the ſaid Archbiſhop by ſolicitations and other undue meanes uſed to the Iudges of that Court, cauſed Execution upon the ſatd Judgment to be ſtayed: and being moved therein, and made acquainted with the bad life and converſation of the ſaid Perſon, he ſaid, that he had ſpoken to the Judges for him, and that he would never ſuffer a Iudgment to paſſe againſt any Clergy-man by nihil dicit.

5. That the ſaid Archbiſhop, about eight yeares laſt paſt, being then alſo a privy Councellor to his Majeſty, for the end and purpoſe aforeſaid, cauſed Sir Iohn Corbet of Stoak in the County of Salop Baronet, then a Iuſtice of peace of the ſaid County, to be committed to the Priſon of the Fleet, where he continued Priſoner for the ſpace of halfe a yeare, or more for no other cauſe, but for calling for the Petition of Right, & cauſing it to be read at the Seſſions of the peace for that County, upon a juſt and neceſſary occaſion. And during the time of his ſaid impriſonment the ſaid Archbiſhop, without any colour of right, by a writing under the Seale of his Archbiſhopricke, granted a way parcell of the Glebe land of the Church of Adderly in the ſaid County, whereof the ſaid Sir Iohn Corbet was then patron, unto Robert Vſcount Kilmurrey, without the conſent of the ſaid Sir Iohn, or then the incumbent of the ſaid Church, which ſaid Viſcount Kilmurrey built a Chappel upon the ſaid parcell of Glebe land, to the great prejudice of the ſaid Sir Iohn Corbet, which hath cauſed great ſuits and diſſentions betweene them. And whereas the ſaid Sir Iohn Corbet had a judgment againſt Sir Iames Stonehouſe Knight, in an action of Waſte, in his Majeſties Court of Common Pleas at Weſtminſter, which was afterwards affirmed in a writ of Error in the Kings Bench, and Execution thereupon awarded: yet the ſaid Sir Iohn, by meanes of the ſaid Archbiſhop could not have the effect thereof, but was committed to Priſon by the ſaid Archbiſhop and others at the Councell Table, untill he had ſubmitted himſelfe unto the order of the ſaid Table, whereby he loſt the benefit of the ſaid Judgment and Execution.

6. That whereas divers gifts and diſpoſitions of divers ſummes of money were heretofore made by divers charitable and well dispoſed perſons, for the buying in of divers Impropriations for the maintenance of preaching the word of God in ſeverall Churches, the ſaid Archbiſhop about eight yeares laſt paſt, wilfully and maliciouſly cauſed the ſaid gifts, feoffements and conveyances made to the uſes aforefaid, to be overthrowne in his Majeſties Court of Exchequer, contrary to Law, as things dangerous to the Church and State, under the ſpecious pretence of buying in Appropriations: whereby that pious worke was ſuppreſſed and trodden downe, to the great diſhonour of God, and ſcandall of Religion.

7. That the ſaid Archbiſhop at ſeverall times, within theſe ten yeares laſt paſt, at Weſtminſter and elſe where within this Realme, contrary to the knowne Lawes of this Land, hath endeavoured to advance Popery and Superſtition within the Realme: And for that end and purpoſe hath wittingly and willingly received, harboured and relieved divers popiſh Prieſts and Ieſuits, namely one called Sancta Clara, alias Damport, a dangerous Perſon, and Franciſcan Fryer, who having written a Popiſh and ſeditious Booke, intituled Deus natura gratia, wherein the thirty nine Articles of the Church of England, eſtabliſhed by Act of Parliament, were much traduced and ſcandalized: The ſaid Archbiſhop had divers conferences with him, while he was in writing the ſaid Booke; and did alſo provide maintenance and entertainment for one Mounſieur St. Giles a Popiſh Prieſt at Oxford, knowing him to be a Popiſh Prieſt.

8. That the ſaid Archbiſhop, about foure yeares laſt paſt, ut Weſtminſter aforeſaid ſaid p. 40that there muſt be a blow given to the Church, ſuch as hath not beene yet given, before it could be brought to conformity; declaring thereby his intention to bee, to ſhake and alter the true Proteſtant Religion eſtabliſhed in the Church of England.

9. That in, or about the month of May, 1641. preſently after the diſſolution of the laſt Parliament, the ſaid Archbiſhop for the ends and purpoſes aforeſaid, cauſed a Synod or Convocation of the Clergie, to be held for the ſeverall Provinces of Canterbury and Yorke; wherein were made and eſtabliſhed by his meanes and procurement, diverſe Canons and Conſtitutions Eccleſiaſticall; contrary to the Lawes of this Realme, the Rights and Priviledges of Parliament, the Liberty and propriety of the Subject, tending alſo to ſeditior, and of dangerous conſequence: And amongſt other things, the ſaid Archbiſhop cauſed a moſt dangerous and illegall Oath to be therein made and contrived, the tenor whereof followeth in theſe words. That I A. B. doe ſweare that I do approve the Doctrine and Diſcipline or Government eſtabliſhed in the Church of England, as containing all things neceſſary to ſalvation; And that I will not endeavour by my ſelfe or any other, directly or indirectly to bring in any Popiſh Doctrine, contrary to that which is ſo eſtabliſhed: Nor will I ever give my conſent to alter the Government of this Church by Archbiſhops, Biſhops, Deanes, and Arch-Deacons, &c. as it ſtands now eſtabliſhed, and as by right it ought to ſtand: Nor yet ever to ſubject it to the uſurpations and ſuperſtitions of the Sea of Rome. And all theſe things I doe plainly and ſincerely acknowledge and ſweare, according to the plaine and common ſenſe, and underſtanding of the ſame words, without any equivocation, or mentall evaſion, or ſecret reſervation whatſoever. And this I do heartily, willing and truely, upon the ſaith of a Chriſtian: So helpe mee God in Jeſus Chriſt. Which Oath the ſaid Archbiſhop himſelfe did take, and cauſed diverſe other Miniſters of the Church to take the ſame, upon paine of ſuſpenſion and deprivation of their livings, and other ſevere penalties: And did alſo cauſe Godfrey, then Biſhop of Glouceſter, to be committed to priſon for refuſing to ſubſcribe to the ſaid Canons, and to take the ſaid Oath: and afterward, the ſaid Biſhop ſubmitting himſelfe to take the ſaid Oath, he was ſet at liberty.

10. That a little before the calling of the laſt Parliament, Anro 1640. a Vote being then paſſed, and a reſolution taken at the Councell Table, by the advice of the ſaid Archbiſhop, for aſſiſting of the King in extraordinary wayes, if the ſaid Parliament ſhould prove peeviſh, and refuſe to ſupply His Majeſtie: the ſaid Archbiſhop wickedly and malitiouſly adviſed His Majeſtie to diſſolve the ſaid Parliament, and accordingly the ſame was diſſolved: And preſently after, the ſaid Archbiſhop told his Majeſty, that now he was abſolved from all rules of Government, and left free to uſe extraordinary wayes for his ſupply.

For all which matters and things the ſaid Commons aſſembled in Parliament, in the name of themſelves, and of all the Commons of England doe impeach the ſaid Archbiſhop of Canterbury of high Treaſon, and other crimes and miſdemeanours tending to the ſubverſion of our Religion, Lawes, and Liberties, and to the utter ruine of this Church and Common-Wealth.

And the ſaid Commons, by Proteſtation ſaving to themſelves the liberty of exhibiting at any time hereafter, any further, or other accuſation or impeachment againſt the ſaid Wil. Laud Archbiſhop of Canterburie, and alſo of replying to the anſwer that he ſhall make unto the ſaid Articles, or any of them: Or offering proofe of the premiſſes, or any other impeachments or accuſations that ſhall be exhibited by them, as the cauſe ſhall (according to the courſe of Parliaments) require; do pray that he, the ſaid Wil. Laud Archbiſhop of Canterbury, may be called to anſwer the ſaid ſeverall crimes and miſdemeanors, and receive ſuch condigne puniſhment as the ſame ſhall deſerve: and that ſuch further proceedings may bee upon every of them had, and uſed againſt him as is agreeable to Law and Juſtice.

p. 41Theſe additionall Articles were ſent up from the Commons to the Lords Houſe by Maſter Serjeant Wilde the 23. of October. 1643. Whereupon the Lords made this enſuing Order.

Die Luna 23. Octob. 1643.

ORdered, &c. That the Lord Archbiſhop of Canterbury ſhall put in his Anſwer in writing into this Houſe by the thirtieth day of this inſtant October, unto the particular Articles in maintenance of their former impeachment of High Treaſon and diverſe High Crimes and miſdemeanours brought up from the Houſe of Commons againſt him and remaining now before the Lords in Parliament.

The Arch-biſhop being ſerved with this Order the ſame day, the next morning ſent this Petition (written with his owne hand) to the Lords.

To the Honourable the Lords aſſembled in the High Court of PARLIAMENT.

The humble Petition of William Laud Archbiſhop of Canterbury.

Humbly Sheweth;

THat he hath received your Lordſhips Order of October 23. 1643. with a Coppie of the Articles charged againſt him, and requiring him to make anſwer.

Moſt humbly prayeth that according to an Order of that Honourable Houſe, he may have Councell aſſigned him, and that Maſter Hearne, and Maſter Chute may bee his Councell, and have free liberty to come unto him, and that he may have ſome money out of his eſtate to fee his Councell, and defray his other charges, he having beene for this last whole yeare very burdenſome to his friends. And further that he may have all his papers and bookes, moſt of which belong to his defence, which Maſter Prynne tooke from him by Order from the Lords, delivered unto him, that he may be able to anſwer for himſelfe. That alſo he may have time and means to ſend for his witneſſes, which can hardly be done in the time limited. And that he may have his ſervants about him to ſend about his neceſſary occaſions, And laſtly, that he may have * longer time the Articles being large and many, And he ſhall ever pray, &c.NOTE

William Cant.

Which Petition being read in the Lords Houſe, October 24. 1643. thereupon this Order was framed.

Die Martis 24. October 1643.

VPonUpon the reading of the Petition of the Lord Arch-Biſhop of CANTERBURY, this day in the Houſe. It is Ordered, &c. That time is given him untill munday the ſixth of November next for the putting in his anſwer in writing into this Houſe unto particular Articles brought up from the Houſe of Commons in maintenance of their former impeachment of High Treaſon, and diverſe high Crimes and miſdemeanours againſt him. That Maſter Heron, and Maſter Chute are hereby aſſigned of Councell for the drawing up of his Anſwer, who are to bee permitted to have free acceſſe in and out to him. That this Houſe doth hereby recommend to the Committee of Sequeſtrations, that the ſaid Lord Arch-Biſhop ſhall have ſuch meanes aforded him out of his eſtate, as will enable him to pay his Councell, and defray his other charges. That when his Lordſhip ſhall ſet down particularly what papers & writings are neceſſary for his defence that ſhould be reſtored unto him, their Lordſhips will take it into conſideration, That upon his Lordſhips nominating who ſhall be his Solicitor, the Lords will returne their anſwer. And for the witneſſes when a day ſhall be appointed for his Lordſhips tryall, this Houſe will give ſuch directions therein as ſhall be juſt.

p. 42* Die Sabbati 28. October 1643.

ORdered, &c. That Maſter Hales is hereby appointed to be of Councell with the Lord Arch-Biſhop of Canterbury, with his other Councell already appointed for the drawing of his anſwer to the charge of the Houſe of Commons againſt him, And that Maſter W. Dell, Maſter Richard Cobb, and Maſter George Smith, his Lordſhips ſervants, ſhall have liberty to attend the ſaid Archbiſhops ſeverall affaires and be permitted to come in and out unto him as there ſhall be occaſion.

After which October 31. hee exhibited this Petition to the Lords.

To the Right Honourable the Lords Aſſembled in PARLIAMENT.

The Humble Petition of William, Archbiſhop of Canterbury.

Moſt humbly Seweth;

THat Your Petitioner having preſented againſt him by the honourable Houſe of Commons to Your Lordſhips an impeachment, Intituled, farther Articles of impeachment, by the Commons aſſembled in Parliament, of high Treaſon and divers high crimes and miſdeamenours, to which by your Honorable Order of the twentie fourth of October, annexed, he is directed to put in his anſwer in writing by Munday the ſixth of November, and hath thereby Councell aſſigned him to draw up the ſame.

That Your Petitioners Councell upon reading of the Articles, finding that as well in the frame as the concluſion thereof, the matters of Crime and miſdemeanours, are ſo interwoven with references to the matters thereby charged as Treaſon, as they cannot take upon them to distinguiſh them, and conceiving it not to have bin your Lordſhips intention by their aſſignments they ſhould adviſe an anſwer to any part of the impeachment charged againſt your Petitioner as Treaſon; doe forbeare to adviſe your Petitioners anſwer to the ſaid Articles without ſome declaration firſt had, which of the ſaid Articles are intended to be a charge of high Treaſon, and which of them of Crimes and miſdemeanours, without which your Petitioner, is like to be deprived of the aſſiſtance of Councell granted by your Lordſhips Order.

Your Petitioner humbly beſeecheth Your Lordſhips in this ſo heavy a charge upon him, from ſo great and Honourable a body in ſuch a ſtraight of time, that it may be declared, which of the ſaid Articles are intended to be charges of Crimes and miſdemeanours only in which Your Petitioner may have the aſſiſtance of His Councell aſſigned him to adviſe him in his Anſwer thereunto; And that your Lordſhips will be further Honourably pleaſed to **NOTE.inlarge your Petitioner in the time allotted for his Anſwer,

And Your Petitioner ſhall pray, &c. William Cant.

VponUpon which Petition this Order was formed.

Die Martis 31. October.

Ordered, &c. That the Lord Arch-Biſhop of Canterbury ſhall have time to put in his anſwer to the impeachment of the Houſe of Commons untill Munday the thirteenth of October next, And that this Houſe doth forbeare to declare any opinion concerning the ſeverall Articles of the ſaid Impeachment, But leaves it to his Councell, to doe and adviſe, as his Councell ſhall thinke moſt fitting.

Day being given him by this Order to put in his anſwer till the 13th. of Novenmber following, this Order was made in purſuance thereof.

p. 43Die Veueris 10. November. 1643.

Ordered that the Leiutenant of the Tower of London, or his Deputie ſhall bring in ſafety the Lord Archbiſhop of Canterbury before their Lordſhips on Munday the 13th. of this inſtant November, by ten of the Clock in the morning, to put in his Anſwer into the Houſe to the impeachment of the Houſe Commons remaining now before the Lords in Parliament, and this to be a ſufficient warrant, in that behalfe.

To the Gentleman Vſher. &c.

On the 13. of November, the Archbiſhop appearing at the Lords Barre in perſon, put in this following Anſwer to the Additionall Articles exhibited againſt him.

The humble Anſwer of William Archbiſhop of Cant. to the further Articles of Impeachment of high Treaſon and divers high Crimes and miſdeameanours exhibited againſt him by the Honourable Houſe of Commons, according to direction of an Order of this Honourable Houſe of the 13. of October laſt.

All advantages of exception to the ſaid Articles of Impeachment to this Defendant, ſaved and reſerved, this Defendant humbly ſaith, that he is not guilty of all or any the matters by the ſaid Impeachment charged, in ſuch manner and forme as the ſame are by the ſaid Articles of impeachment charged.

VponUpon his motion the ſame day to the Lords, this order was made in favour of him.

Die Lunae 13. Novemb. 1643.

Ordered by the Lords in Parliament, that the Lord Archbiſhop of Canterbury his Councell ſhall provide themſelves to adviſe him in point of Law, in all the Articles of the whole Charge; And for the matter of Fact, when the Cauſe comes to be preſented by the Houſe of Commons, as there ſhall be need, their Lordſhips will give further directions in due time.

On the 1…. of December, 1643. The Houſe of Commons being deſirous to bring the Archbiſhop to a ſpeedy tryall, made this enſuing Order.

11 December 1643.

Ordered, that the Committee for the Tyrall of the Archbiſhop of Canterbury doe meete this afternoone at 2. of the Clock in the Starchamber, to prepare the evidence againſt the Archbiſhop of Cant. and to ſummon ſuch witneſſes as are need full, and prepare the buſineſſe fit for Tryall, and to acquaint the Houſe when they are ready, and this they are to doe with all the convenient ſpeed they can, and have power to ſend for parties, witneſſes, Papers, Records, &c. And the care thereof, is particularly committed unto Serjeant Wild. Here upon the Committee met ſundry times to prepare their evidence.

3. January following, the Lords intending to expedite the Archbiſhops Tryall, according to the Commons deſire, made this Order.

Die Mercurii, 3. Ian. 1643.

It is this day Ordered by the Lords in Parliament, that this Houſe will proceed againſt William Laud Archbiſhop of Canterbury upon the Impeachment brought up from the Houſe of Commons for High Crimes and miſdemeanours on Munday morning next it ten of the Clock, being the eight of this inſtant Ianuary, 1643 At which time the ſaid Archbiſhop is to prepare himſelfe for his defence.

To the Gentleman Vſher attending this Houſe or his Deputie, to be delivered to the Leiutenant of the Tower, or his deputie, for the Archbiſhop.

p. 44Whereupon the Lords the ſame day ſent downe this Meſſage to the Commons, thus entred in their Iournall.

31 Ianuary 1642.

A Meſſage ſent from the Lords by Sir Robert Rich, and Mr. Page; The Lords commanded us to put you in minde, that the Archbiſhop of Canterbury hath put in his Plea to the Impeachment of this Houſe ſent up to the Lords ſometimes ſince, which they deſire you to take into conſideration, what is fit to be done in it.

5. Ianuary, The Houſe of Commons deſired the Lords to appoint a Committee to examine ſome witneſſes upon Oath againſt the Archbiſhop, in the preſence of the Committee of the Commons; which being granted, the Commons made this Order.

5. Ian. 1643.

Ordered, that the Committee of this Houſe formerly appointed for the buſines of the Archbiſhop of Cant. ſhall be the Committee in the preſence of whom the witneſſes in the caſe of the Biſhop of Cant are to be examined upon Oath by the Committee of Lords.

On the 6. of Ianuary the Archbiſhop preferred this Petition to the Lords for the deferring of his Tryall, to ſome longer time, written with Mr. Dells hand, and ſubſcribed, with his owne.

To the Right Honourable the Lords Aſſembled in the high Court of Parliament.

The humble Petition of William Laud Arch-biſhop of Cant. Priſoner in the T…wer.

Humbly ſheweth.

THat your Petitioner having received your Lordſhips command by your honourable Order of the 3. of this inſtant Ianuary, annexed; to attend and Anſwer the Impeachment againſt your Petitioner, from the honourable Houſe of Commons on Munday the eight of this inſtant January which is but five dayes diſtance, and at a time, when 2. of his, 3. Councell aſſigned … of Towne and your Petitioner witneſſes; reſiding in ſeverall remite places cannot be ſummoned in ſo ſhort a time, nor willing happily to came up in their ſummons with out warrant from your Lordſhips.

Your Petitioners most humble ſuit to your Lordſhips is that you will honourably vouchſafe him ſome more convenient time to ſend for his Councell, and witneſſes to NOTE.teſtifie in the matters of fact Charged againſt him, and withall to grant the Petitioner your honourable Order, to command the witneſſes ſummoned to attend at the time by your Lordſhips to be appointed: which his humble request, your Petitioner had ſooner preſented to your Lordſhips, but that no ſitting hath beene (as your Petitioner is Informed) untill this day, ſithence your honourable order, in this behalfe made knowne to him.

And your Petitioner ſhall pray, &c W. Cant.

VponUpon reading whereof; the Lords made this Order in his favour, to out him of all excuſes, and prevent all clamons of a ſurp…iſall.

Sabbati. 6. Ian. 1643.

Whereas the Houſe formerly appointed Munday being the 8th. of this inſtant Ianuary 1643. to proceed againſt William Laud Arch-biſhop of Canterbury, upon the impeachments brought up againſt him from the Houſe of Commons for High Treaſon, and high Crimes and miſdemeanours; VponUpon reading the Petition of the ſaid Archbiſhop, it is this day ordered by the Lords in Parliament to the end p. 45the Councell and Witneſſes of the ſaid Archbiſhop may have competent time to attend the hearing of the Cauſe, that this Houſe will reſpit the proceedings againſt the ſaid Archbiſhop upon the ſaid impeachments untill Tueſday the 16. of this inſtant Ianuary 1643. at ten of the Clock in the morning; at which time the ſaid Archbiſhop is peremprorily appointed to provide his Witneſſes, and prepare his defence unto the ſaid impeachments.

To the Gentleman Vſher, &c.

In purſuance whereof this Order was afterwards made and entred.

Die Lune 15. Ian. 1643.

It is this day Ordered by the Lords in Parliament, that the Leiutenant of the Tower of London or his Deputie ſhall bring in ſafty the Archbiſhop of Cant before their Lordſhips on Tueſday the 16. of this inſtant Ianuary by one of the Clock in the afternoone. At which time this houſe will proceed againſt the ſaid Archbiſhop, upon the impeachments brought up from the Houſe of Commons againſt him for might Treaſon, and high Crimes and miſdeameanours, and this to be a ſufficient Warrant in that behalfe.

To the Gentleman Vſher, &c.

The next day the Archbiſhop being brought to the Lords Houſe at the time appointed; about 3. of the Clock that afternoone the Lords ſent downe this Meſſage to the Houſe of Commons, thus entered in their Iournall.

16. Ianuary 1643.

A Meſſage from the Lords by Sir Robert Rich, and Mr. Page, to acquaint the Houſe, that they are ready to heare the Charge upon the impeachment againſt the Biſhop of Canterbury.

VponUpon this Meſſage the Committee of the Houſe of Commons appointed to mannage the evidence againſt him, went up to the Lords Houſe, and then the Archbiſhop being brought to the Barre, after he had there kneeled a little ſpace, was commanded to ſtand up: which ceremony ended, Mr, Maynard, one of the Committee, deſired the Lords: that the originall & additional Articles of impeachment againſt the Archbiſhop might be read: Which being read accordingly by the Clerke, he then prayed, that the Archbiſhops ſeveral Anſwers, to theſe Articles might likewiſe be read; whereupon the Speaker of the Lords Houſe commanding them to be read, the Clerk read only his forementioned Anſwer to the Additionall Articles, but noe anſwer at all to the Originall, there being never any Anſwer put in unto them; the Archbiſhop having not in al the time of his reſtraint from the 26. of Feb. 1640. till that houre, ſo much as tendered or put in any Anſwer to his Originall Articles (which was his owne meere default) and never ſo much as once Petitioned in all that ſpace to be brought to his Tryall, notwithſtanding his frequent complaints of his long Impriſonment, & the delay of his hearing, occaſioned by his owne neglect, and by his Petitioning for longer time when the Commons haſtned his Tryall.

Hereupon Mr. Maynard ſpake to the Lords to this effect.

My Lords, it new appeares to your Lordſhips, how unwilling the Archbiſhop is (out of a conſciouſneſſe of his owne guilt) to come to his Tryall, that in all this ſpace from his firſt impeachment, he hath not ſo much as put in any Anſwer to the Originall Articles, though he had long ſince Councell aſſigned him for that purpoſe: My Lords, this is none of the Commons fault, but his owne; for your Lordſhips well know, that the Commons can take no notice what is done in the Houſe of Peeres in a Parliamentary way, but by a Meſſag from your Lordſhips, who after our Articls exhibited, were to cal upon the Archbiſhop for an anſwer to them; & your Lordſhips ſending us ſeveral Meſſages heretofore that the Archbiſhop had put in his Anſwer to the Articls, & that you were ready to heare our Charge against him, and appointing this day for his Tryall, the Commons thereupon conceived p. 46that he had formerly put in his Plea & anſwer, in due forme to all … Articles, but the contrary now appearing both to your Lordſhips and as it is impoſſible for us to proceed at this time in his tryall, there being no iſſue Ioyned upon the Originall Articles for want of an anſwer to them & to … upon the Additionalls before my anſwer given, to the originalls will be very prepoſterous… therefore …e humbly prey your Lordſhips to Order, that the Archbiſhop may forthwith put in his Anſwer …th to the Originall, and Additionall Articles by the advice of his Councill, or otherwiſe, in ſuch ſort as he will stand to it; and then he ſhall without any delay joyne … with him, proceed on in his Tryall, and evidence againſt him when your Lordſhips ſhall appoint.

The Archbiſhop having little to reply hereunto, deſire the Lords, that he might adviſe with his Councell, whether the Articles were certaine and particular enough to be anſwered unto; and that if their Lordſhips ſhould over-rule him to put in his Anſwer to them, he might have convenient time to do it.

VponUpon this all being commanded to withdraw, the Lords after ſome ſhort debate among themſelves, and upon reading the Archbiſhops Petition to have Mr. Gor…rd of Grayes-Inne aſſigned for his Councell, to joyne with thoſe formerly aſſigned him, made this enſuing Order.

Die Martis 16. Ian. 1643.

VponUpon the reading the Petition of William Archbiſhop of Cant. It is this day Ordered by the Lords in Parliament, that Mr. Richard Gerrard of Grayes-Inne, be added to the former Councell Aſſigned to the ſaid Archbiſhop, to be likewiſe of his Councell.

It is this day Ordered by the Lords in Parliament, that William Arch-biſhop of Cant. ſhall put in his Anſwer in writing into this Houſe, to the firſt and further Articles of Impeachment brought up from the Houſe of Commons againſt him by Munday morning next peremptorily, and that the ſame Councell formerly Aſſigned him ſhall be of Councell with him.

On the 19. of Ianuary, the Archbiſhop ſent this Petition to the Lords.

To the Right Honourable the Lords aſſembled in PARLIAMENT.

The humble Petition of William, Archbiſhop of Cant; Priſoner in the T…wer.

Sheweth,

THat whereas your Petitioner having formerly anſwered the particular Articles exhibited againſt him by the Honourable Houſe of Commons, and now by your Lordſhips Order of the 16th. of this inſtant is commanded to put in his Anſwer to the firſt and further Articles of Impeachment brought up againſt him by Munday morning next, for doing whereof his former Councell is aſſigned him.

That your Petitioner having adviſed with his Councell concerning the firſt Articles, which were exhibited new almoſt three yeares ſithence, finding upon peruſall and debate of the ſame that the ſaid former Articles are ſuch, that no anſwer can be made thereunto, nor your Petitioner in my wiſe enabled to prepare for his defence to the ſame, as they now ſtand.

That for as much as the ſaid Articles of Impeachment import no leſſe than a Charge of High treaſon, and for as much as your Petitioner is by his Councell … that eſpecially p. 47in Caſes of life, the Defendant is allowed to offer to the Court where the ſame depends his exceptions by his Councell before any Plea pleaded.

Your Petitioner moſt humbly beſeecheth your Lordſhips, to appoint a day for the hearing of your Petitioners Councell concerning the ſame

And your Petitioner ſhall pray, &c. VV. CANT.

Die Sabbati 20. Ian. 1643.

It is this day Ordered by the Lords in Parliament, that the Leiutenant of the Tower of London, or his Deputie ſhall bring in ſafety William Archbiſhop of Cant. before their Lordſhips on Munday the 22th. of this inſtant Ianuary by ten of the clock in the morning to put in his anſwer to the Articles of Impeachment brought up from the Houſe of Commons againſt him according to the former Order of this Houſe, of the 16. of this Inſtant Ianuary.

To the Gentleman Vſher, &c.

On the 22. of Ianuary the Archbiſhop perſonally appearing at the Lords Barre according to the former Orders, did then put in this following Anſwer both to the Commons Originall and Additionall Articles.