the King, that if he denies their Suit, that many thousands of his Subjects would be difcontented?

To which all the Juftices answered, that this was an Offence finable by Difcretion, and very near to Treafon and Felony in defert of Punishment; for this tends to raise Sedition, Rebellion, and Difcontent among the People.

To which Refolution, all the Lords agreed. And then many of the Lords declared, that fome of the Puritans had raised a falfe Rumour of the King, that he intended to grant a Toleration to Papifts, the which Offence feemed to the Juftices grievously finable by the Rules of Common Law, in the King's Bench, or by the King and his Council, or now fince the Statute of 3 H.VII. in the StarChamber. And the Lords each by themselves publickly declared, that the King was difcontented with this falfe Rumour; and the Day before had made a Proteftation unto them, that he never intended it; and that he would lofe the last Drop of Blood in his Body before he would do it. And that he prayed to God, that before his Iffue fhould maintain any other Religion than this that himself maintains, that he would take them out of the World.

Anno 13. Caroli II. Regis.

In an Act entituled, An Act against Tumults and Disorders, upon Pretence of preparing or prefenting publick Petitions, or other Addreffes, to his Majesty, or the Parliament,

W

There is this Preamble and Claufe.

Hereas it hath been found by fad Experience, that tumultuous, and other diforderly folliciting, and procuring of Hands by private Perfons to Petitions, Complaints, Remonstrances and Declaration, and other Addreffes to the King, or to both, or either Houfes of Parliament, for Alteration of Matters eftablished by Law, Redrefs of pretended Grievances in Church or State, or other publick Concernments, have been made ufe of to ferve the Ends of factious and feditious Perfons gotten into Power, to the Violation of the publick Peace, and have been a great means of the late unhappy Wars, Confufions, and Calamities in this Nation; for preventing the like Mifchief for the future;

Be it enacted, &c. That no Perfon or Perfons whatfoever fhall, from, and after the ift of August, 1661, follicite, labour, or procure the getting of Hands, or other Confent of any Perfons above the Number of twenty, or more, to any Petition, Complaint, Remonftrance, Declaration, or other Addrefs to the King, or both, or either Houfes of Parliament, for Alteration of Matters established by Law in Church or State, unless the Matter thereof have been firft confented unto, and ordered by three or more Juftices of that County, or by the major Part of the Grand Jury of the County, or Divifion of the County, where the fame Matter fhall arife at their publick Affizes, or General Quarter Seffions, or if arifing in London, by the Lord-Mayor, Aldermen, and Commons, in Common Council affembled; and that no Perfon, or Perfons whatsoever, fhall repair to his Majefty, or both, or either of the Houfes of Parliament, upon Pretence of presenting, or delivering any Petition, Complaint, Remonftrance, or Declaration,

I

claration, or other Addreffes accompanied with exceffive number of People, nor at any one time with above the number of ten Perfons, upon pain of incurring a Penalty, not exceeding the Sum of One Hundred Pounds in Money, and three Months Imprisonment without Bail or Mainprize for every Offence, which Offence to be profecuted, &c. See the Act at Large.

Anno 13 Caroli II.

In an Act Entituled, An Act for Safety and Prefervation of His Majefty's Perfon and Government against treasonable and feditious Practices and Attempts,

B

There is this Claufe,

E it enacted &c. That if any Perfon or Perfons whatfoever after the 24th Day of June 1661, during his Majefty's Life, fhall maliciously, and advifedly publish or affirm the King to be an Heretick or a Papift, or that he endeavours to introduce Popery; or fhall maliciously and advisedly, by writing, printing, preaching or other fpeaking, exprefs, publifh, utter or declare any Words, Sentences, or other thing or things, to incite or stir up the People to Hatred or Diflike of the Perfon of his Majefty, or the established Government, then every fuch Perfon and Perfons, being thereof legally convicted, shall be disabled to have or enjoy, and is hereby difabled, and made incapable of having, holding, en. joying, or exercifing any Place, Office, or Promotion Ecclefiaftical, Civil, or Military, or any other Employment in Church or State, other than that of his Peerage, and fhall likewife be liable to fuch further and other Punishments, as by the Common Laws or Statutes of this Realm may be inflicted in fuch Cafes, &c. See the Statute at Large.

An Answer to a LETTER, written by a Member of Parliament in the Country, upon the Occafion of his reading of the Gazette of the 11th of December, 1679.

I

SIR,

Received your Letter, when I was engaged in much other Bufinefs, which will excufe me that I have not returned an Answer fooner, and that it is done no better now: You defire me to let you know what that Judgment is, which my Lord Chancellor acquainted my Lord Mayor and his Brethren with, and what my thoughts are upon it: and that I may obey you in both, I will first transcribe that Cafe, as it is reported by Juftice Crook, that being already put into English, whereas the Cafe in Moor is in French.

Memorandum, that by Command from the King all the Juftices of England, with diverfe of the Nobility, viz. the Lord Ellesmere Lord Chancellor, the Earl of Dorfet Lord Treasurer, Viscount Cranbourn Principal Secretary, the Earl of Nottingham Lord Admiral, the Earls of Northumberland, Worcester, Devon, and Northampton,

VOL. III.

P

thampton, the Lords Zouch, Burghley and Knowles, the Chancellor of the Dutchy, the Archbishop of Canterbury, the Bishop of London, Popham Chief Juftice, Bruce Mafter of the Rolls, Anderfon, Gawdy, Walmefley, Fenner, Kingfmil, . Warburton, Savel, Daniel, Yelverton and Snigg, were affembled in the StarChamber, where the Lord Chancellor, after a long Speech made by him concerning Juftices of the Peace, and his Exhortation to the Juftices of Affize, and a Difcourfe concerning Papifts and Puritans, declaring how they both were Difturbers of the State, and that the King intending to fupprefs them, and to have the Laws put in execution against them, demanded of the Juftices their Refolutions in three things: First, whether the Deprivation of Puritan-Ministers by the High-Commiffioners, for refusing to conform themfelves to the Ceremonies appointed by the laft Canons, was lawful, Whereto all the Juftices answered, that they had conferred thereof before, and held it to be lawful; because the King hath the Supreme Ecclefiaftical Power, which he hath delegated to the Commiffioners, whereby they had the Power of Deprivation by the Canon-Law of the Realm. And the Statute of 1 Eliz. which appoints Commiffioners to be made by the Queen, doth not confer any, new Power, but explain and declare the ancient Power. And therefore they held it clear, That the King without Parliament might make Orders and Conftitutions for the Government of the Clergy, and might deprive them if they obeyed not. And fo the Commmiffioners might deprive them. But they could not make any Conftitutions without the King: the divulging of fuch Ordinances by Proclamation is a moft gracious Admonition; for as much as they have refused to obey, they are lawfully deprived by the Commiffioners ex Officio, without Libel Et ore tenus convocati. Secondly, Whether a Prohibition be grantable against the Commiffioners upon the Statute of 2 H. V. if they do not deliver the Copy of the Libel to the Party; Whereto they all anfwered, that Statute is intended; where the Ecclefiaftical Judge proceeds. ex Officio &ore tenus. Thirdly, Whether it were an Offence punishable, and what Punishment they deferved, who framed Petitions, and collected a Multitude of Hands thereto, to prefer to the King, in a publick Caufe, as the Puritans had done with an Intimation to the King, that if he denied their Suit, many thousands of his Subjects would be difcontented? Whereto all the Juftices anfwered, that it was an Offence finable at Difcretion, and very near to Treafon and Felony in the Punishment: For they tended to the raifing of Sedition, Rebellion, and Difcontent among the People: To which Refolution all the Lords agreed. And then many of the Lords declared, that fome of the Puritans had raised a falfe Rumour of the King, how he intended to grant a Toleration to Papists: Which Offence the Juftices conceived to be heinously finable by the Rules of the Common Law, either in the King's Bench, or by the King and his Council, or now fince the Statute of 3 H. VII. in the Star-Chamber. And the Lords severally declared how the King was difcontented with the faid falfe Rumour, and had made but the Day before a Proteftation unto them, that he never intended it, and that he would fpend the laft Drop of Blood in his Body before he would do it; and prayed, that before any of his Iffue fhould maintain any other Religion than what he truly profeffed and maintained, that God would take them out of the World.

I doubt not but yourself, and every English Proteftant, will joyn with this Royal Petitioner, and will heartily fay Amen.. But

But you defire to know if I think the Refolution of the Judges in this Cafe ought to deter us from humbly petitioning his Majefty, that this Parliament may effectually fit on the 26th Day of January next. In order to this, give me leave to obferve to you, As it is moft certain, that a great Reverence is due to the unanimous Opinion of all the Judges, fo there is a great Difference to be put between the Authority of their Judgments when folemnly given in Cafes depending before them, and their fudden and extrajudicial Opinions. The Cafe of Ship-money itself, is not a better Proof of this, than that which you have now read, as you will now fee, if you confider diftinctly what they fay to the feveral Questions propofed to them.

As to their Anfwer to the first Queftion, it much concerns the reverend Clergy to enquire whether they did not mistake in it? And whether the King, by his Proclamation, can make new Conftitutions, and oblige them to Obedience under the Penalty of Deprivation? Should it be fo, and fhould this unhappy Kingdom ever fuffer under the Reign of a Popifh Prince, he might easily rid himself of fuch obftinate Hereticks, and leave his Ecclefiaftical Preferments openfor Men of better Principles: He will need only to publish a Proclamation, that Spittle and Salt fhould be used in Baptifm, that Holy Water fhould be used, and Images fet up in Churches; and a few more fuch things as these, and the Bufinefs were effectually done. But if you will believe my Lord Chief Juftice Cook, he will tell you, that it was agreed by all the Judges upon Debate, Hill. 4th Jacobi, that the King cannot change his Ecclefiaftial Law; and you may cafily remember fince the whole Parliament declared, that he could not alter or fufpend them.

*

I have the uniform Opinion of all the Judges given upon great Deliberation, Mic. 4 Fac. to juftify me, if I fay that our Judges here were utterly mistaken in the Anfwer which they gave to the fecond Queftion. I will not cite the numerous fubfequent Authorities, fince every Man knows, that it is the conftant Practice of Westminister-Hall at this Day to grant Prohibitions, upon Refusal to give a Copy of Articles, where the Proceedings in the Ecclefiaftical Courts are ex Officio.

You see there was a kind of ill Fate upon the Judges this Day, as ufually there was when met in the Star-chamber, and that they were very unfortunate in anfwering two of the three Questions propofed to them; let us go on to confider what does principally concern us at prefent, their Anfwer to the laft Question.

You have juft done reading it, and therefore I need not repeat to you either the Doubt or the Solution of it; but one may be allowed to fay modeftly, that it was a fudden Anfwer: 'Tis poffible the Lords then prefent were well enough inform'd, when they were told that fuch kind of Petitioning was an Offence next to Treafon and Felony; but I dare be fo bold as to fay, that at this Day, not a Lawyer in England would be the wifer for fuch an Anfwer; they would be confounded, and not know whether it were Mifprifion of Treafon, which seems an Offence nearest to Treafon, or Petty-larceny, which feems nearest to Felony.

You will be apt to tell me that I mistake my Lords the Judges, and they spoke not of the Nature of the Crime, but the Manner of the Punishment; but this will mend the Matter but little; for fince the Punifhments of thofe two Crimes are fo

very different, you are ftill as much in the dark as ever, what these ambiguous Words mean.

Well, but we will agree, that the Crime about which the Enquiry was made, was a very great one. When Men arrive to fuch Infolence, as to threaten their Prince, it will be but little Excufe to them to call their Menaces by the foft and gentle Name of Petitions.

But you would know for what, and in what manner we are at present to: petition; and I will give you a plain and infallible Rule. It is the Statute 13 Car. II. c. 5.

Be it Enacted, &c. that no Perfon or Perfons whatfoever, fhall folicit,. labour, or procure the getting of Hands, or other Confent of any Perfons above the number of Twenty, or more, to any Petition, Complaint, Remonftrance, Declaration, or other Addreffes to the King, or both, or either Houfes of Parliament, for Alteration of Matters eftablished by Law in Church or State, unless. the Matter thereof have been first confented to, and ordered by three or more Juftices of the County, or by the major part of the Grand Jury of the County, or Division of the County, where the fame Matter fhall arife at their publick. Affizes, or General Quarter-Seffions, or if arifing in London, by the Lord Mayor, Aldermen, and Commons in Common Council affenbled; and that no Perion or Perfons what foever shall repair to his Majesty, or both, or either of the Houfes of Parliament, upon Pretence of prefenting or delivering any Petition, Complaint, Remonftrance, or Declaration, or other Addreffes, accompanied with exceffive number of People, not at any one Time with above the number of ten Perfons, upon the Pain of incurring a Penalty, not exceeding the Sum of One Hundred Pounds in Money, and three Months Imprisonment, without Bail or Mainprize for every Offence; which Offence to be profecuted at the Court of King Bench, or at the Affizes, or general Quarter-S. ffions, within fix Months. after the Offence committed, and proved by two or more credible Witneffes.

Here you obfèrve the Parliament, who fet themfelves directly to obviate all the Inconveniences, which might arife to the Government from tumultuous petitioning, will rot allow that great Numbers fhould join in Petitions, for Alteration. of the Laws (because it is poffible ill Men might abuse such a Liberty,) unless the Matter of the Petition be confented to in fuch a Manner as the Act directs; but in all other Cafes, they leave the Subjects to their undoubted Liberty, as well knowing that from thence there could arife no poffible Inconvenience; but on the contrary, that to bar the People of that humble Way of making their Wants known, might force them upon worfe Ways of doing it.

And therefore I must tell you, that you do my Lord Chancellor grea: Injuftice, if you think his Speech tends to deter Men from all manner of petitioning: No, that wife and eloquent Lord, who receives every Day fo many Petitions, will, I fuppofe, be content the King fhould receive fome too. It never yet was thought feditious or tumultuous in any Government, for the Subjects in an humble Manner to beg, that he who has the only Power to do it, would redress. their Grievances: 'Tis the Way by which we apply ourselves to the King of Heaven, who knows all our Wants, and yet expects from us that we should daily. exprefs them to him in humble Petitions. And the Wifdom of the Church,

† 13. Car. II. c. 5•.

which.