Justice Wright
declared from the bench his opinion that it was "legal and
obligatory," and on the day appointed for reading the decree attended
church "to give weight to the solemnity," and as it was not read--for
the clerk "had forgot to bring a copy,"--he "indecently in the hearing
of the congregation abused the priest, as disloyal, seditious, and
irreligious."
[Footnote 35: See 2 Brewster's Newton, 108.]
But the clergy thought differently from the Chief
Justice--Episcopalians and Dissenters agreeing on this point. Seven
bishops petitioned the King that they might not be obliged to violate
their conscience, the articles of their religion, and the laws of the
realm, by reading the declaration. They presented their petition in
person to the King, who treated it and them with insolence and wrath.
"The king, says Kennet, was not contented to have this
declaration published in the usual manner, but he was
resolved to have it solemnly read in all churches as the
political gospel of his reign. The bishops and clergy were,
of all others the most averse to the subject-matter of the
declaration, as being most sensible of the ill design and
ill effects of it; and therefore the court seemed the more
willing to mortify these their enemies, and make them become
accessory to their own ruin; and even to eat their own dung,
as father Petre proudly threatened, and therefore this order
of council was made and published."[36]
[Footnote 36: 12 St. Tr. 239.]
The petition was printed and published with great rapidity, the
bishops were seized, thrown into the Tower, and prosecuted in the
court for a "false, feigned, malicious, pernicious, and seditious"
libel.
Judge Allybone thus addressed the Jury.
"And I think, in the first place, that _no man can_ take
upon him to _write against the actual exercise of the
government, unless he have leave from the government_, but
he makes a libel, be what he writes true or false; for if
once we come to impeach the government by way of argument,
it is the argument that makes it the government, or not the
government. So that I lay down that, in the first place,
_the government ought not to be impeached by argument_, nor
the exercise of the government shaken by argument; because I
can manage a proposition, in itself doubtful, with a better
pen than another man; this, say I, is a lib
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