The Popish Plot: A study in the history of the reign of Charles IIPollock, John
History
The Popish Plot: A study in the history of the reign of Charles II
Pollock, John
Popish Plot, 1678
One further instance may be noted. In 1675 a consultation of all the
judges but two was held to decide a case which was submitted to them
by the Attorney-General. A great riot had been made a month before
by the weavers’ apprentices in various parts and suburbs of London
by way of protest against the increased introduction of looms into
their trade; the looms had been broken, a large amount of property
destroyed, and several persons injured. The Attorney-General now wished
to indict the rioters for high treason; but the judges were divided,
five for, five against the opinion that treason had been committed,
and in spite of the evident anxiety of the government to proceed
against the apprentices on the graver issue, the Attorney-General had
to be content with laying the indictments for a riot and obtaining
convictions for the lesser offence.[501] When it is remembered that the
London apprentices perpetually drew upon themselves the watchful eye of
the government by their obnoxious politics, and that a trade riot was
always suspected of being the forerunner of a sectarian revolt, it is
evident that the decision of the judges meant considerable annoyance,
if not an actual rebuff, to the government.[502]
The general usefulness of the bench was not however impaired by such
exceptions. The judges still formed one of the most important parts of
the administrative machinery. They were consulted by the government,
gave advice, and put into effect the results of their advice. They
supplied the king during the long prorogation of 1675 with the pretext
which he required for the suppression of the coffee-houses.[503] Before
the trial of the regicides they had held a conference with the king’s
counsel, Attorney, and Solicitor-General to resolve debatable points
which were likely to arise in the course of the trials.[504] When the
Licensing Act expired in 1679, the judges were ordered by the king to
make a report concerning the control of the press. Their unanimous
decision was “that his Majesty may, by law, prohibit the printing and
publishing of all newsbooks and pamphlets of news whatsoever, not
licensed by his Majesty’s authority, as manifestly tending to a breach
of the peace and disturbance of the kingdom”;[505] and their preaching
was put into practice before many months had elapsed at the trials of
Harris[506] and Carr,[507] the former of whom was sentenced to the
pillory and a fine of £500, and the latter to the suppression of the
newspaper which he owned.
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