rendered incapable of any office or em- tbat I eitber di&tated them, or was privy to ployment ? To be one whom no man tbem. Another is, not allowing me copics must correspond with by letters, mellages, of the decyphered letters, though petitionor otherwise? And, my lords, one who is ed for, till the trial was so far advanced, a bishop of the church of England, and a and I so employed and weakened by it, lord of parliament ? It is the first inftance that I had not sufficient time to confider wherein a member of this house hath them. Another is, not allowing me to been so treated and prejudged ; and I pray read out of the collection of papers, before God it may be the last, and that such the house, or any part of them, in order precedents in this kingdom may not be to discharge myself, but what hath been multiplied in after-times.

read by clerks. ----And all this in a proMy counsel have amply done their ceeding where the counsel for the bill propart, by arguing the points of law, by ex. fess, bey bave no legal evidence, and that plaining and enforcing the evidence, and they are not to be confined to the rules of Thewing the little colour, appearance, and any court of law or equity, though as often spadow of proofs against me, (permit me to as it is for their service they constantly call them so) by answering what hath shelter themselves under it." been offered against me, and by setting He then proceeds to confute the charge out the consequence, which such a bill, against him, from the want of evidence to founded and carried on in such a manner, support it, from the inconfifiency of some and which enacts such fevere penalties, parts of it, and its improbability: “Here is must and will be attended with.

a plot (says he) of a year or two standing, “ Yet, it becomes me to say something to subvert the government with an armed for myself, left my silence be construed force; an invasion from abroad ; an inconsciousness of guilt, or at least an un. surrection at home ; just when ripe for willingness to enter into matters of so dark execution, it is discovered ; and twelve and perplexed, so nice and tender a na- months after the contrivance of this ture, as if I was not able, or did not care, scheme, no consultation appears, no men to clear and explain myself, and rather corresponding together, no provision made, chose to leave it to the management no arms, no officers provided, not a man of others : I thank God, I am under no in arms; and yet the poor bishop has such restraint, and can speak to your lord- done all this. What could tempt me to Thips upon this subject with great free- step thus out of my way? Was it ambidom and plainnefo.

tion, and a desire of climbing into a higher “But before I proceed, I beg leave that I station in the church? There is not a may represent to your lordships fome par man in my office, farther removed from ticular hardships, under which I have la- this than I am. Was money my aim ? boured. The first is, reading extracts of I always defpised it too much, confideranonymous letters, without suffering any ing what occafion I am now like to have other parts of the same letters, though re- for it; for out of a popr bithopric of five lating to the faine subject, to be read..--- hundred pounds per annum, I have laid Another is----excufing the decypherers out no less than a thousand pounds, to. from answering questions asked by me, wards the repairs of the church and epil. and which I thought necessary for my de copal palace; nor did I take one shilling fence, left they mould reveal their art.---. for dilapidations. The rest of my little The next is, nor fuffering me to be an income has been spent, as is neceffary, as fwered by the clerks of the post office, lest I am a bishop. Was I influenced by any the Secrets of that office Tould be disco. difike of the establithed religion, and revered. Another was, not suffering a cretly inclined towards a church of greater perfon, who had been at least ten years pomp and power ? I have, my lords, ever out of the secretary's office, to answer since I know what Popery was, opposed any queftions which came to his know, it; and the better I knew it, the more Jedge, by being some years in that office. I opposed it, I began my study in diviAnother is, reading examinations, neither nity, when the Popish controversy grew dared, signed, nor favorn ro. Another is, hot, with that immortal book of TillotTeading letters fuppofed to be criminal, son's, when he undertook the Proteftant Writ in another man's band, and supposed to cause in general ; and as such, I esteembei di Shared ty me, witbcat fering any preof, ed him above all. You will pardon me,

my my lords, if I mention one thing : thirty ships, to be any seeming strength in the years ago, I writ in defence of Martin proots against me; if, by your lordships Luther, and have preached, expressed, and judgments, springing from unknown motives, wrote to that purpose from my infancy ; I shall be thought to be guilty ; if, for any and whatever happens to me, I will suf- reasons or neceffity of state, of the wisdom fer any thing, and, by God's grace, burn and justice of which I am no competent at the stake, rather than depart from any judge ; your lord thips shall proceed to pass material point of the Protestant religion, the bill against me; I mall dispose myself as professed in the church of England. quietly and tacitly to submit to what you Once more; can I be supposed to favour do ; God's will be done: naked came I arbitrary power? The whole tenor of my out of my mother's womb, and naked shall life has been otherwise : I was always a I return; and, whether he gives or takes friend to the liberty of the subject, and to away, blessed be the name of the Lord." the best of my power, constantly maintain- The Monday following, the bishop was ed it. I may have been thought mistaken carried, for the last time, from the Tower, in the measures I took to support it ; 'but to hear the reply of the king's counsel, to it matters not by what party I was called, his defence. Mr. Reeve and Mr. Wearg to my actions are uniform-----,”

were both men of great knowledge and Afterwards, speaking of the method of fagacity in the law, but of different talents proceeding against him as unconstitutional, in point of eloquence. Their speeches on he says: “ My ruin is not of that moment this occafion were made public; and they to any number of men to make it worth seemed to have formed their replies, designtheir while to violate, or even to seem to edly in a different way. The former stuck violate the constitution in any degree, close to the matter in evidence, and enwhich they ought to preserve against all forced the charge against the bishop with attempts whatsoever. Though I am strength and perfpicuity : the latter an. worthy of no regard ; though whatsoever swered his objections, and was engaged in is done to me, may, for that reason, be refuting the arguments brought in his delooked upon to be just; yet your lord- fence, in an easy and soft manner, with Thips will have some regard to your own great fimplicity of reasoning. Mr. Rreve lasting interest, and that of pofterity. was wbolly employed in facts, in comThis is a proceeding with which the paring and uniting together circumstances, conftitution is unacquainted; which, un- in order to corroborate the proofs against der the pretence of supporting it, will at the bishop : Mr. Wearg was chiefly taken laft effectually destroy it. For God's up in silencing the complaints of the bishop fake lay aside these extraordinary proceed. and his counsel, and replying to every ings; fet not up these new and dange- thing they advanced, in order to invalidate rous precedents. I, for my part, will the allegations of his innocence. The voluntarily and chearfully go into perpe. one in fort poffefled the minds of the tual banishment, and please myself that I lords, with strong convictions against the am, in some measure, the occasion of put. bishop : the other difpoffefled them of any ting a stop to such precedents, and doing favourable impression, that might pollibly fome good to my country; and will live be made upon them by his defence. And wherever I am, praying for its prosperity; accordingly Mr. Reeve was strong, nervous, and do, in the words of father Paul, to and enforcing ; but Mr. Wearg, smooth, the state of Venice, say, efto perpetua : it easy, and insinuating, both in the manner is not my departing from it I am con- of his expreslion, and the turn of his cerned for ; let me depart, and let my periods. He paid the highest complicountry be fixed upon the immoveable ments to the bishop's eloquence ; but at foundation of law and justice, and stand the same time represented it as employed for ever------"

to impose upon the reason, and misguide . After the most folemn protestation of the judgment of his hearers, in proporhis innocence, and an appeal to God Al- tion as it affected their paflions; and he mighty, the great and All-wise searcher of endeavoured to strip the bishop's defence hearts, for the truth of what he had said, of all its ornaments, and colours of rhethe concludes thus : “ If on any account, toric. We Mall only transcribe a passage shere mall be still thought by your lord- at the conclufion of his speech, in which


he afferts the lenity of the government, in not have such a hellich Nain fully the the mildness of the punishment to be in- lufture and glory of that illustrious house, nicted on the birhop : “ The nature of as to condemn a man without the least the punishment, (says Mr. Wearg) has evidence. He was strongly supported by been much talked of in the course of these lord Bathurst, who, in the first place, took proceedings, and great lamentations made notice of the ungracious distinctions that upon it; but surely without any reason; were fixed upon the members of that noble for I may venture to affirm, this is the and illustrious assembly, who differed in mildest punishment that ever was inflicted opinion from those who happened to have the for such an offence. His life is not touch- majority. That, for his own part, as he ed; his liberty nor property affected; he had nothing in view but truth and justice, is only expelled the society whose govern- the good of his country, the honour of ment he disapproves, and has endeavoured that house, and the discharging of his own to subvert; and deprived of the public conscience, he would freely speak his employment, which the government had thoughts, notwithstanding all discourageintrusted him with :, the enjoyment of his ments: that he would not complain of life, his private estate, and his liberty un- the finister arts that had been used of late der any other government that may be to render fome persons obnoxious; and, more agreeable, is allowed him. This is under pretence of their being so, to open fcarce to be called a punishment, being their letters about their minuteft domestic nothing more than what was absolutely affairs. For these small grievances he necessary for the public security.”

could easily bear, but when he saw things On Wednesday the bill was read the go so far, as to condemn a person of the third time, and the question being put, highest dignity in the church, in such an whether it Mould pass, a very long and unprecedented manner, and without any warm debate ensued. It was opened by legal evidence, he thought it his duty to earl Powict, who speaking to the nature of oppose a proceeding so unjust and onwarthis bill, shewed the danger of such an rantable in itself, and so dangerous and extraordinary proceeding, and urged, that dismal in its consequences. To this purthe swerving from the fixed rules of evi. pose he begged leave to tell their lorddence, and consequently from justice, must ships a story he had from several officers inevitably be attended with the most fatal of undoubted credit, who had served in consequences to our excellent conititution. Flanders in the late war. A Frenchman, Dr. Willis, bishop of Salisbury, in answer it seems, had invented a machine, which to that, alledged, that as extraordinary would not only kill more men at once diseases require extraordinary remedies; than any yet in use, but also disable for ro in cases of extreme danger and necessity, ever any man who Thould be wounded by when the very being of the state lies at it. Big with hopes of a great reward, he ftake, if the common law cannot reach applied himself to one of the ministers, offenders, the legiNature ought to exert who laid the project before Lewis XIV. itself. He was replied to by Dr. Gas- but that monarch confidering that fo detrell, bishop of Cheiter, who owned, that structive an engine might soon be turned extraordinary proceedings may indeed be against his own men, did not think pro. recurred to upon extraordinary occasions, per to encourage it: whereupon the inand wlien they are evidently neceffary forventor came over to England, and offered the preservation of the state ; but that was his service to some of our generals, who very far from the present case, fince the likewise rejected the proposal with indige conspiracy, in which the bishop of Rochef- nation. The use and application of this ter was charged to bave had a mare, had story (continued lord Bathurit) is very been discovered and disappointed long be- obvious; for if this way of proceeding be fore. The duke of Wharton, in a long admitted, it will certainly prove a very speech, summed up the whole evidence, dangerous engine. No man's life, liberty, which had been produced against the or property, will be safe : “And if those bihop of Rochester, and endeavoured to who were in the administration some Thew the insuficiency of it to prove the years ago, and who bad as great a share charge; concluding, that let the conse. in the affections of the people, as any that . quences be what they would, he would can.c .ter them, had made use of such a .


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political machine, some of those noble per inflicted on him to light a punishment, fons, who now appeared fo zealous pro: confidering the heinousness of the crime. moters of this bill, would not bave been in The duke of Argyle pursued the fame ara capacity to serve bis majesty at ibis time." Gument; ran through and endeavoured to He added, that, if such extraordinary pro- confute the most essential parts of the ceedings went on, le faw nothing remain- bishop's defence; and exaggerated his ing for him and others to do, but to retire crime, by which he had debaled his holy to their country houses; and there, if pof- function and character, and acted confible, quietly enjoy their eftates within trary to the most folemn repeated oaths their own families, fince the least corre- he had taken. Had the evidence been fpondence, the least intercepted letter, as clear against the bishop as it was might be made criminal. To this purpofe doubtful, this remark of his Grace he quoted a passage out of cardinal Retz's would have been used with greater promemoirs, relating to that wicked politi- priety. The lord Gower spoke afterwards cian, cardinal Mazarin, who boasted, that against the bill; but what surprisert most if he had but two lines of any man's people, the lord Lechmere, who had on writing, with a few circumstances attested several occasions expressed his dinike of by witneffes, he could cut off his head these extraordinary proceedings, declared when he pleased. Turning to the bench it as his opinion, that there was sufficient of bishops, who had in general been un- evidence to support the charge. He was favourable to Dr. Atterbury, he faid, he answered by earl Cowper, in a long speech, could hardly account for the inveterate importing in substance, that the strongest hatred and malice rome persons bore the argument which had been urged for this learned and ingenious bishop of Ro- bill was necessity; but that, for his chester, unless it was, that they were in part, he saw no necessity that could jurtoxicated with the infatuation of some tify fo unprecedented, and so dangerous a wild Indians, who fondly believe they in proceeding. That, as already had been herit not only the spoils, but even the suggested, the conspiracy had above twelve abilities of any great enemy they kill. months before been happily discovered, The earl of Strafford spoke on the same and the effects of it consequently preventfide, as did also the lord Trevor, who ed. That, besides the intrinsic weight among many very strong and spirited ar- and strength of the government, by nuguments against the bill, severely animad- merous offices and employments, civil verted, or confinements upon fufpicion, and military, and the wealth and interest which bad been the bishop's case. He of the well affected to his majesty's perfon, said, he took them to be nothing more and the present happy establishment; the than will and pleasure. Consequently, hands of those of the helm had ftill been fince the habeas corpus act was at present fortified by the suspension of the habeas suspended, they were under the will and corpus act, and the additional troops ; fo pleasure of the ministers. That, as no that, in his opinion, there could be no thing should ever deter him from doing danger to the government, if Plunket and what he thought his duty; ro, consonant Kelly were not prisoners for life, nor the to that principle, he had all along, and bishop of Rochester sent into banishment. Nill opposed, these extraordinary proceed- That, on the contrary, if that prelate's ingy, which by depriving the subject of the talents and genius lay in contriving and benefit of the law (the habeas corpus) carrying on ftate intrigues, he thought tended to lodge fuch exorbitant power in

him less dangerous at home than the hands of individuals.

abroad : that the other reasons alledged to On the other hand, the earl of Seafield fupport this extraordinary proceeding had endeavoured to fhew that the evidence no more weight in them than the first : which had been produced before them, that the known rules of evidence, as laid being sufficient to convince any reason- down at first, and established by the law able man, that there had been a detestable of the land, were the birth-right of conspiracy, and that the bishop of Rocher. every subject of this nation, and ought to ter had a fhare in it, was likewise suffi- be constantly observed, not only in the incient to justify this extraordinary pro- ferior courts of judicature, but sito in ceeding against him; especially, tince they both houses of parliament, till altered by


the legislature : that much had been said might well be said to be the last of lords. of the power of parliaments, which he Ulcimus Romanorum, my lords, (faid he in owned was very great ; but that, in his the conclufion) was a character of honour opinion, their absolute power confifted and praise : but to be the last of Britith only in making and repealing laws, and, peers, by giving up our ancient privitill such time as a law was repealed, every leges, will never, I doubt, admit of such subject had a right to it. That the ad. construction; and therefore I am for remitting the precarious and uncertain evi jecting this bill." dence of the clerks of the post-office, was The debates continued till half an hour a very dangerous precedent : that in for past nine o'clock; when, the question mer times it was thought very grievous, being put, the bill passed by a majority that, in capital cases, a man should be af- of 83 voices against 43 ; upon which fe. fected by the fimilitude of hands : but here veral lords entered very vigorous prothe case was much worse, since it was al- tests. On the 27th of May, the king lowed that the clerks of the post-office, came to the house, when it was confirmed could carry the fimilitude of hands four by the royal allent. By this act, the months in their minds. That these men bishop from the 21st day of June, 1923, might be honest, and swear to the best of was to be deprived of all offices, dignities, their knowledge ; but he was sure they promotions, and benefices, ecclefiaftical; were at least very willing and forward evi- and incapable of holding any for the fu. dence : for as he asked one of them, how ture. He was banished the realm, and if he knew such a paper to be Mr. Kelly's he ever returned, should suffer death, as hand ? He readily answered, “ he had seen well as all those who should be aiding or the same four months before, and he was assisting to such return, or should conceal fure it could be no other :" whereas, any him. No persons were to hold any corman, who has been never so little con- respondence with him, without a licence versant in the world, knows that hands under the sign manual, on pain of suffemay be so well counterfeited, as not to be ring as a common felon, without benefit distinguished. After this, he commended of clergy. It is said his majesty passed the bishop of Rochester's noble and brave this bill with regret, being much concarriage, in not answering before the house cerned as he expressed it, that there should of commons, whose proceeding in this be just cause of dooming to perpetual unprecedented manner against a lord of banishment, a bishop of the church of parliament was such an incroachment on England, and man of such eminent parts the prerogative of the peerage, that, if and learning t. To alleviate, however, submitted to by the passing this bill, they

* These were signed, Wharton, Strafford, Bruce, Powlet, Dartmouth, Craven, Hay, Bathurit, Gower, Weston, Exeter, Willoughby de Broke, Cowper, Bingley, Scarsdale, Salisbury, Montjoy, Cardigan, Anglesey, Foley, Osborne, Uxbridge, Arundel, Guilford, Middleton, Hereford, Stawell, Denbigh, Northampton, Francis, Ceftriensis, Litchfield, Alburnham, Trevor, Compton, Masham, Berkley, Strat. Pomfret, Brooke, Oxford and Mortimer.

+ The author of this life was told by a gentleman of credit, who had the information from earl ....., a remarkable anecdote, which, if true, will reconcile many mysterious circumstances, in the whole proceedings against the bishop of Rochester, It is this: The dutchess of Buckingham, natural daughter to James II, being abroad, was the first person who discovered that some dangerous designs were forming, to subvert the established government in England. At last, having certain informations to be depended upon, the immediately sent over an account of a conspiracy forming against the state, and offered to lay open all the particulars she knew, and to name those who were concerned in it, on obtaining a promise, that the life of one certain person should be {pared. This was granted, and she then laid open all her intelligence; and amongst the rest, informed them of the share which Atterbuty had in it. He, being her particular favourite, was the person whose life was to be untouched : he was therefore only banished, and this particular kept an entire secret, till very lately. This, if true, will in several respects account for the extraordinary proceedings against


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