ON Friday being the first day of the Term, the Judges attended the Lord Chancellor to Westminster-hall, after the usual manner; where an Itch after things Novel, had occasioned a Confluence of Multitudes of Persons of all Qualities, who were impatient to hear the Success and Event of the Bishops Affair.

About Nine the Court being sate, the Attorney and Solli­citor Generals, prayed a Rule of Court might be made, for the bringing the Lords the Bishops up to that Bar, in order to plead to an Information they had prepared against them, for Contriving, Making and Publishing a Seditious Libel against His Majesty and His Government; the which was immediate­ly granted, and about a quarter after Eleven, the Lieutenant of the Tower (attended by six or seven Warders) brought his Prisoners into the Court, where they had Chairs placed there to sit down, their Counsel (which were Sir Francis Pemberton, Sir Robert Sawyers, Mr. Polixfin, and Mr. Finch) began to make some Objections against the Legality of their Commitment, and consequently against the return of their Habeas Corpus, and being brought into that court, the Warrant having some de­fect, as they imagined, in Form, for it run signed by such and such (to the number of about Fourteen) Lords of His Ma­jesties Most Honourable Privy Council, and not by Us Lords in Council. So that they Insinuated they did not know where that Warrant might be made, for that these Lords had not [Page]Power to Commit, nor were a Court, but as they were met in Council; but this Objection, after a long Debate managed for the King, by the Attorney and Sollicitor Generals, only was at length Over-ruled by the Judges, though Mr. Justice Powell seemed not fully to assent to the Opinion of his Brethren, but rather dislike the Form of the Warrant.

The Substance of this next Argument, was chiefly about the Dignity of their Peerage, As whether it was usual for a Peer to be held to Bail, or Committed upon a Misdemeanor: But this, after much Alteration by the Council on both sides, was also Over-ruled by the Judges.

Then the Arch-Bishop put in a Plea, which being read, con­tained Matter nothing different from what had been before discussed, and so was rejected as frivolous.

Then their Council urged, they might have time allowed them to Plead to the Information; but Sir Samuel Astre de­claring it had been the Custom of that Court, for these twelve Years to his knowledge, (and was long before, as he had been informed by his Predecessors) to Plead immediate to the Infor­mation.) Upon which their Lordships Pleaded Not Guilty, and the Court gave them till that day Fortnight to prepare for their Tryal. Every Man standing upon his single Recognizance, in such a Sum as each voluntarily named; The Arch-Bishop 200 l. and the other Bishops in 100 l. each, and so were dis­charged from their Warders, and one attended the Arch-Bishop to Canterbury-house. They had all the Civilities and Respect from the Court that was possible to be shewn to Persons of their Quality; and if Bail had been required by the Court, about Twenty of the Principle Nobility attendeed to have served their Lordships. The Court rise at a quarter after Three, this Affair having held them in Debate three hours and a half.

The People seemed extreamly satisfied at the fair play their Lordships and Council had had through the whole Debate; and accompanied them in great Throngs to the Parliament-Stairs, where his Grace took Barge. And in some Parts of the City, the People, through mistake, thinking the Bishops had been cleared, made Boon-fires, and gave other Signals of their Joy.