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<CHANGE>
<DATE>2014-04-23</DATE>
<RESPSTMT>
<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140226.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B17172">
<STC T="W">A3463a</STC>
<STC T="G">1852.c.28[20]</STC>
<STC T="C">R213458</STC>
<BIBNO T="umi">99884110</BIBNO>
<VID>187225</VID>
</IDG><!-- alt.stc G1852.c.28[20] --><!-- alt.stc Cr213458 -->
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<DIV1 TYPE="response">
<PB REF="1" MS="y">
<HEAD>ANSWERS For <HI>James Ander&s;on</HI> and <HI>Agnes Campbell</HI> his Mother, To the Complaint Exhibite again&s;t them before the Lords of Their Maje&s;ties Privy Council.</HEAD>
<P>THat where the Defenders are conveened as Contemners of Their Ma|je&s;ties Authority, in Exercing the Office of printing Proclamations of Council, and other things that belongs to the Office of Their Ma|je&s;ties Printers, without taking the <HI>Oath of Allegiance</HI> and <HI>Certificat</HI> ap|pointed to be taken by Per&s;ons in Publick Tru&s;t; and that therefore they &s;hould be Deprived of the &s;aid Office, and Ordained to find &s;uch Security for their good Behaviour as your Lord&s;hips &s;hall think fit.</P>
<P>It is humbly repre&s;ented to your Lord&s;hips, That the &s;econd Act of the fir&s;t Se&s;&s;ion of this Parliament appoints only per&s;ons in Publick Tru&s;t, either Civil or Military, to take the <HI>Oath of Allegiance;</HI> and the Office of King's Printer cannot be con&s;tructed a Publick Tru&s;t, &s;ince they have not the Power to Print what they plea&s;e, and can only Print the Acts of Parliament and Council, and other Papers relating to Publick Affairs, which are Licen&s;ed; &s;o that the Government can no ways be prejudged by the Affection, or Di&s;|affection, of Their Maje&s;ties Printer, in the Exerci&s;e of that Office, which is meerly to Print what is Ordained or Licen&s;ed by Authority.</P>
<P>The 38 Act of the 2d Se&s;&s;ion of this Parliament, Appoints only the Certifi|cat to be taken by Per&s;ons, who in Law are obliged to take the Oath of Al|legiance, and by all tho&s;e to whom your Lord&s;hips &s;hall put the Oath of Allegiance to. But &s;o it is, That the Defenders not being per&s;ons in Publick Tru&s;t, appointed by the fore&s;aid fir&s;t Act of Parliament, to take the Oath of Allegiance for the Rea&s;ons fore&s;aids; nor the Oath of Allegiance, nor Certi|ficat, not being put by your Lord&s;hips before this, to the &s;aids Defenders, they cannot incur the Certification contained in that Act of Parliament, as refu&s;ing to &s;ub&s;cribe the &s;ame; &s;ince Per&s;ons cannot be &s;aid to refu&s;e to Sub&s;cribe till they be Interpelled, and Required to do the &s;ame: And if your Lord&s;hips do now require the &s;ame, the Defender <HI>James Ander&s;on,</HI> and <HI>James Hamilton,</HI> who is A&s;&s;igned by <HI>Agnes Campbel</HI> to her Liferent of the Tack, are mo&s;t willing to &s;wear the Oath of Allegiance, and &s;ub&s;cribe it, and the Certificat, as a Mark of their Affection to Their Maje&s;ties Government, if your Lord|&s;hips &s;hall require it.</P>
<P>As for your Lord&s;hips Proclamation Lybelled on, it is &s;o far from being an Argument of the Defenders contempt of their Maje&s;ties Authority, in not taking the &s;aids Oaths again&s;t the times therein prefixt, that on the con|trair, it is a ground of Defence for them, again&s;t the pre&s;ent Complaint; &s;ince your Lord&s;hips by that Act, (if the Defenders, as Printers to their Maje|&s;ties, had been Per&s;ons in publick Tru&s;t) would have enumerat them as &s;uch, when there are &s;o many &s;everal kinds of Publick Tru&s;t enumerat, as Sheriffs, Commi&s;&s;ars, Stewarts, Bailies of Bailiaries, and Regalities, Magi&s;trats of Burghs, their Deputs, Clerks, and Clerk deputs, Fi&s;cals, Ju&s;tices of Peace, <HI>&amp;c.</HI> And therefore the Defenders not being enumerat, as Per&s;ons in Publick Tru&s;t, cannot be reput guilty of Contempt, to infer &s;uch a Cer|tification, as the lo&s;s of their Office, becau&s;e they took not the &s;aid Oath, and Certificat, betwixt and the day prefixt by the &s;aid Proclamation: Or if your Lord&s;hips had looked upon the Defenders as Di&s;affected, your Lord&s;hips would have expre&s;ly Interpelled, and Required them, either by that Pro|clamation, or &s;ome other way, which not being done till now, and the Per&s;ons above-named, who have now Right to the &s;aid Gift, being willing to take the Oaths, they cannot be Deprived of that Office, which is their Pro|perty, being Granted under the Great Seal, and Ratified in Parliament.</P>
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