THE JUDGES OPINIONS CONCERNING PETITION to the KING IN PƲBLICK MATTERS

See

  • Moores Reports, Page 755 2 Jacobi.
  • Crooks Reports, Page 37 2 Jacobi.

With a Clause of A late ACT of PARLIAMENT concerning the same Subject.

FEB. 13. 2. Jac. In the Star-Chamber all the Justices of England were assembled with many of the Nobility, viz. The Lord Ellesmore, Lord Chancellor the Earl of Dorset, Lord Treasurer; the Lord Vis­count Cranborn, Principal Secretary; The Earl of Nottingham, Lord Admiral; The Earls of Northum­berland, Worcester, Devon, and Northampton; The Lords Zouch, Burleigh and Knolls; The Chancellor of the Dutchy. The Arch-bishop of Canterbury, The Bishop of London, Popham Chief Justice, Bruce Master of the Rolls, Anderson, Gawdy, Walmesly, Fenner, Kingsmi [...], Warberton, Savile, Daniel Y [...]ver [...]o [...], and Snig. And there the Chancellor of England by the Kings Command, after he had made a long Speech con­cerning the Justices of Peace, and an exhortation to the Justices of Assize, and a discourse of Papists and Puritans, declaring that they were both disturbers of the State, and that the King intended to suppress them, and to have the Laws put in execution against them, demanded of the Judges their resolution of three things.

Whereof one was.
If it were an offence punishable, and what punishment is due by the Law, to those who frame Petitions and Col­lect multitudes of hands thereto to prefer to the King in publick Causes, as the Puritans have done, with intimati­on to the King, that if he denies their Suit, that many thousands of his Subjects would be discontented?

To which all the Justices answered, that this was an offence finable by discretion, and very near to Treason and Felony in desert of punishment; For this tends to raise Sedition, Rebellion, and Discontent, among the People. To which Resolution all the Lords agreed. And then many of the Lords declared, that some of the Puritans had raised a false rumour of the King, that he intended to grant a Toleration to Papists, the which offense seem­ed to the Justices grievously finable by the Rules of Common Law, in the Kings Bench, or by the King and his Council, or now since the Statute of 3 H. 7. in the Star-Chamber. And the Lords each by themselves publick­ly declared, that the King was Discontented with this false Rumour; And the day before had made a Protestation unto them, that he never intended it; and that he would loose the last drop of Blood in his Body before he would do it. And that he Prayed to God, that before his Issue should maintain any other Religion then this that himself maintains, that he would take them out of the World.

Anno XIII. Caroli II. Regis.
In an Act Entituled, An Act against Tumults and disorders, upon pretence of preparing or presenting publick Petitions, or other Addresses, to His Majesty, or the Parliament.
There is this Preamble and Clause, ‘WHereas it hath been found by sad experience, that Tumultuous, and other disorderly solliciting, and procuring of hands by private persons to Petitions, Complaints, Remonstrances and Declarations, and other Addresses to the King, or to both, or either Houses of Parliament, for Alteration of matters established by Law, redress of pretended grievances in Church or State, or other publike Concernments, have been made use of to serve the ends of factious and Seditious persons gotten into power, to the violation of the publick peace, and have been a great means of the late unhappy warrs, Confusions, and Calamities in this Nation; for preventing the like mischief for the future;’

‘Be it Enacted, &c. That no person or persons whatsoever, shall from and after the first of August, 1661. Sollicite, labour or procure the getting of hands, or other consent of any persons above the number of 20, or more, to any Petition, Complaint, Remonstrance, Declaration, or other Address to the King, or both, or either Houses of Par­liament, for alteration of Matters established by Law in Church or State, unless the matter thereof have been first consented unto, and ordered by threé or more Iustices of that County, or by the Major part of the Grand Iury of the County, or Division of the County, where the same matter shall arise at their publike Assize [...], or General Quarter Sessions, or if arising in London, by the Lord Major, Aldermen, and Commons, in Common Councel assembled; And that no person or persons whatsoever shall repair to his Majesty, or both or either of the Houses of Parliament, up­on pretence of presenting or delivering any Petition, Complaint, Remonstrance, or Declaration, or other Addresses accompained with excessive number of people, not at any onetime with above the number of ten persons, group in of incurring a penalty, not exceeding the sum of 100 pounds in money, and three Moneths Imprisonment without Bail or Mainprize for every offence, which offence to be prosecuted, &c.’ See the Act at Large.

Anno XIII. Caroli II.
In an Act Entituled, An Act for safety and Preservation of His Majesties Person and Government, against Treasonable and Seditious Practices and Attempts.
There is this Clause,
‘Be it enacted &c. That if any person or persons whatsoever after the 24 day of June 1661, during his Majesties Life, shall malitiously, and advisedly publish or affirme the King to be an Heretique or a Papist, or that he endeav­ours to introduce Popery; or shall malitiously and advisedly, by writing, Printing, Preaching or other speaking express, publish, utter or delcare any words, sentences, or other thing or things, to incite or stir up the people to hatred or dis­like of the Person of his Majesty, or the established Government, then every such person and persons being thereof legally convicted, shall be disabled to have or enjoy, and is hereby disabled, and made incapable of having, holding, en­joying, or exercizing any place, office, or promotion Ecclesiastical, Civil, or Military, or any other imployment in Church or State, other then that of his Peerage, and shall likewise be lyable to such further and other punishments as by the Common Laws or Statutes of this Realm may be inflicted in such cases, &c.’ See the Statute at Large.

London, Printed for Thomas Burrell in Fleet-Street, 1679.

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