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is a betrayer of the truth;~-proditor est. terms, and I pray the reader to give veritatis.” Now suppose one of these it his most serious attention, for a virtuous heathens to be present in a case of greater moment cannot be, court of justice where he beheld A man, enjoying all the rights of truth brought to the har, arraigned, our free constitution, is put to the condemned, and punished for a libel, har, and charged with a criminal what would he say? Would he offence; he pleads not guilty, and not exclaim, Proditor est veritatis ? offers the truth in justification ; but
British justice! yes, indeed, Bri- is told that the truth cannot be re. tish justice! To no man will I ceived as a justification in this case. yield, Mr. Editor, in my veneration He is told this by the judge, not by for British justice; I should be sorry, the jury, and the ground on which heartily sorry, if I were not conscious he is told it is, that the practice of of having a much greater regard for the courts hath of late years disalit than many a man who has sat lowed such a justification.. But the upon the bench, and whose names I practice of the courts formerly did could mention. But my love of Bri- not disallow it. For a thousand tish justice is genuine and constitu- years and upwards have Englishmen tional, and therefore will not brook enjoyed the privilege of this justifithose corruptions and legal abusions cation. Ever since the commencewhich, from the earliest periods of ment of trials by jury, down to the our history, have been continually period of the Revolution of 1688, at war with our constitution. I and even since that period, during have said from the earliest periods the time of Chief Justice Holt, have inconsiderately, yet will I not recall they enjoyed this privilege. Let the words. How many abusions of this be well noted, as likewise the law, some of them too against Mag. privilege itself: how the withholdna Charta, does not Andrew Home ing it may influence the fate of this reckon up in a book written in the man's trial, and innovate upon the reign of Edward the First? And rights, and restrict the freedom of who is there so ignorant of these inquiry of jurymen in general! Let matters, as not to know, that this it be well noted likewise, that this famous charter, the compendium of man enjoys all the franchises of an British liberty, was not in much Englishman, of which it was out of higher estimation, and endued with the power of the judge to deprive a much greater degree of legal vi- him ; for Magna Charta says, no gour, in the reign of Edward I. than freeman shall be disseized of his liberit is at present? We know well, ties and free customs &c. pay, he is, that there is nothing in this world at that very instant, enjoying the that may not be contaminated, if most important of these franchises, ever any thing promised to subsist that of trial by jury. He has put in sempiternal purity and perfection, himself upon his country, and no it was England's charter, fortified man can put him of it. He is in not only with pains and penalties in the guard of twelve good and true this world, but with curses and per. men, who have sworn to make a juries entailed upon its enemies in true deliverance, and no man can the next; and yet, alas! Magna take him out of that guard, or preCharta hath not been able to stand vent that true deliverance. They against corruption! Magna Charta alone are charged with him, and hath been impaired, but I trust not must decide upon his fate; and if obliterated, by the abusion and the they do not decide according to their practice of Westminster Hall. consciences, they are twelve per - I will state the case in plain jured men. Is it, then, no impeda
ment to this man's truc deliverance, nation; but if the people be their no restriction on the free investiga- own law-makers, then is the transtion of juries, that he is denied the gression national, and the whole same means of justification which people may justly dread the judg. his forefathers enjoyed down to the ments of an offended Deity. Sir period of the Revolution, and since William Blackstone has said somethe Revolution? If this justification thing on this subject, to which I rewere the privilege of his ancestors, fer the reader, as a quotation here as clearly appears to be the case, would be extending the subject teis it constitutional to debar him of diously. He has acknowledged the thar privilege ? On the contrary, is superiority of the Divine Law, and not such a deprivation a disseisin of the necessity there is that all human those liberties and free customs of laws should be conformable thereto, which Magna Charta says, he shall He admits that if our English law not be disseized; and lastly, can it were found in any respect to be conbe said, whilst this modern prohibi- trary to the law of God, that then it tion continues, that an Englishman would not be entitled to our submisenjoys all the benefit of trial by jury, sion. And yet Şir W. B. lays down as it was meant to be guaranteed the law of libel agreeable to the moand secured to him by the Great dern fashion, consequently he adCharter? On this last point the mits the possibility of truth being answer seems conclusive; for if there arraigned and punished for a sup-. be any bar whatever created, or re- posed crime. How he reconciled striction interposed, subsequent to these matters in foro conscientiæ it is this charter, the freedom of trial by not my business to investigate. The jury must be infringed upon, and it task would be too disgusting. Cannot possibly be (after such inno
I am &c. vation) in the same state it was in,
TIMOTHY TRUEMAN. when solemnly pledged to the peo Devonshire, April 11, 1811. ple, and entailed by King John and his son Henry III. on them and their heirs for evermore; for to change INCORRECT STATEMENT OF THS the nature of the inheritance is to EDINBURGH REVIEWERS. break the compact.
Where the law of God is express SIR, and decisive, as in the present in- The Edinburgh Reviewers, or as stance, every other law must give they might be more properly termed place; for it is not to be supposed, Essayists, in their number for Dethat any christian people ought to cember last, in discussing the Calive under any institutions repug- tholic question, have I conceive, nant to the Divine Will, and of all suffered their zeal in defence of the christian nations in the world, it catholics, to outrun their prudence; would, perhaps, least become the and in their endeavours to vindicate English nation so to do, for we de- the church of Rome from the charge clare that we are governed by laws of selling indulgencies, have made of our own making, and “ subject to assertions which are contradicted by no man's law." Now, in cases where many Romish, and by all Protestant the will of the prince is law, and an ecclesiastical historians. On this iniquitous law is made contrary to subject the Reviewers express themthe known will of the Deity, as pro- selves as follows:mulgated by revelation, it is reason- “ With regard to the vendible abable to suppose, that he alone would " solutions, and indulgencies, with become the object of Divine indig. "rr traffic in which the Romish
• church has been so long reproach. once openly practised in the Romish led, we do verily believe that there church, and that this nefarious traf
are not ten individuals who can fic was one principal cause of the “ read, that really conceive that any opposition of that incomparable re" thing so utterly absurd, or abo- former MARTIN LUTHER, and of “ minable, either is, or ever was, the glorious reformation of which “ carried on with the sanction of the he was the principal champion. “ catholic authurities. Dispensa. This fact is so generally known and “ tions from canonical impediments acknowledged, that I think it un“ to marriage, which are not very necessary to trouble your readers 6 different from our special licences, with quotations from historians on " and absolution from canonical cen- the subject : but I beg leave just to “ sures, are issued no doubt from refer to one book, printed under the “ the chancery of Rome; but in- ' express authority, and sanction of " dulgencies to sin, or absolutions the Popes of Rome, and which has “ from sin, neither are, nor ever passed through various editions on " were granted by this court, or by the Continent, one of the earliest of “ any acknowledged authority. A which, I have seen :-The Tar Book 6 fee too is, no doubt, paid to the of the Roman Chancery, -The ori"S officer who issues these writs; but ginal edition printed at Rome 1514, « this is no more the price of the bears the following title.- Regule, “ absolution or dispensation, than Constitutiones, Reservationis Cancell" the fee paid to the clerk of a man arie, S. Domini nostri Leonis Papa “ gistrate who administers an oath decimi &c. In this most scandalous “ in ihis country is the price of the book there are stated prices for ab“ oath. Ecclesiastical penances, solutions for the most enormous of “ moreover, are sometimes commu. crimes; as killing one's father or mo" ted into pecuniary mulcts, at the ther; acts of lewdness committed by " discretion of the proper authority, the clergy, with a dispensation to be “ but these fines always go into a capable of taking orders, and to hold " fund for charitable uses ; and in ecclesiastical benefits,-keeping concu“ fact, a similar commutation is bines &c. And as if this traffic was " expressly authorised by the canons not in itself detestable enough, it is " of our own church. Vide Spar. added --" Et nota diligentur &c. “ row's Collection, Articuli proclero, “ Take notice particularly, that such “ 1584, and Canons 1640, c. xiv, " graces and dispensations are not “ concerning Commutations. Such “ granted to the poor, for not having
is the whole amount of the Ro wherewith to pay, they cannot be * mish doctrine and piactice as to “ comforted !!!! i venal absolutions and indulgen- How the Edinburgh Reviewers o cies."
could in the face of such incontroI cannot, Mr. Editor, help ex. vertible evidence deny that such a pressing my astonishment, that men practice as the sale of indulgencies of talents, natural and acquired, and absolutions ever existed, or af. should venture on a statement so firm that there were “not ten persons contrary to the plainest and most who could read,” who credited such incontrovertible evidence. I should a charge,—and how they could at. have thought it scarcely possible tempt to explain, or rather, to shuf. that there were “ ten individuals fle, evade, and misrepresent the mat. who can read," who entertained any ter as they have done in the above doubt that the sale of “ indulgen- quotation, is to me utterly inexa cies to sin, and absolutions from plicable. sin,” even for the worst of sins, was
The horrible abuse of granting in calmly to examine-What sort of a dulgencies and absolutions is not church that must be, which can in any without example even in modern age, or on any pretence, sanction times, and has been practised by Such scandalous fooleries? some of the most enlightened of the should be very sorry, Mr. Edibishops of Rome : of this we have a tor, if on the present occasion, remarkable instance quoted in your when à regard to truth has been Review, (Vol. ix. p. 376) from a ser- the sole motive of my exposing the mon of Mr. Belsham's; and which ignorance, shall I say? or some, as it is so well deserving the atten- thing worse than ignorance, of the tion of the Edinburgh Reviewers, 1 Edinburgh Reviewers, I should renbeg leave to quote.
der myself liable even to the suspi. “Of the Jubilee celebrated in the cion of being the friend of intolerance. “ pontificate of Pope Lambertini No, Sir:--- there is not a person in “(1750) I heard the account from existence, I will venture to affirm, " the late Earl of Miltowni, who who more ardently wishes for the “ was present on the occasion; and utter annihilation of all penal laws “ who being high in favour with in matters of religion, and I am al“ Benedict XIV. obtained from his most ready to add, of all antichris“holiness a plenary indulgence for tian churches, under whatever name “all offences, past, present, and to they may take shelter, popish, épis"come, for himself, his relations, copal, or presbyterian, supported, "and for any other thirty persons either directly or indirectly, by pe“whom his. lordship would name! nal laws, than myself. Popery, “ This indulgence splendidly em- thanks in great measure, under Pro“ blazoned with the papal arms, vidence, to the French Emperor, has “ Lord Miltown himself shewed me, lost its sting; toleration is so glo. "and by his permission, and in his riously spreading in popish coun. “ presence I took a copy of it, which tries, as to shame certain protestant “is now in my possession. The countries; and I firmly believe that “ learned pontiff when he put it in- the principal supports of the peculiar " to the hands of his lordship, absurdities of the Romish church, "laughed and said — Do not my more particularly in the united king“ lord make use of it to seduce a doms of Britain and Ireland, are the “pretty young woman. In this in- foolish and ahominable persecuting “stance the caution was needless; statutes which are still so stoutly " but it shews to what purposes advocated by our clergy under the "papal indulgencies "might be ap- direction of our no popery ministers. “plied; and the levity of the pon- When will the period arrive, when " tiff, who gave as little credit to the rulers of all countries will attend "the validity of his indulgence, as to the just and politic hint of Mr. “his protestant friend, too nearly Hume?" The true secret for the "resembled that of the man who “management of sectaries is to to“casteth about firebrands, arrows, “ lerate them." I say nothing about "and death, and saith-Am I not religious motives, as these are, I fear, " in sport ?"
banished from the cabinet of almost, I cannot Mr. Editor, but express if not of every court under heaven ! my wish that Mr. Belsham would I am, Mr. Editor, happy to perfavour the public with a copy, ver. ceive, that the Edinburgh Reviewers batim et literatim of this indulgence. are now such ardent friends to cathoIts publication, and extensive cir- lic emancipation : time was, when, culation might have the tenden- under the direction of their political cy to lead 'modern Roman catholics masters, they were by no means friendly to such a measure; but their shall not shrink from " impeaching party has since taken the right side " the discernment of the learned traon this great question, and their dis- “ vellers, and the integrity of their ciples have, of course, followed. It “ host;" and shall prove what I will be curious to observe, how their have written to be no “ act of litevacillating opinions on another im- “ rary injustice.” portant subject, that of Parliamen- . I must first notice a mistake of tary Reform, will finally settle; and the anonymous N. L.T. in saying what will be their ultimate opinions that “ Mr. Reginald Heber was Dr. on the grand subject of toleration in “ Clarke's companion.”* The docgeneral? I perceive that these po- tor's companion was Mr. Cripps.fi liticians, philosophers, and christians, Mr. Heber travelled over much in their last number, although pro. of the same ground a few years after fessing themselves to be presbyterians, Dr. Clarke, and has allowed him to are become the warm panegyrists of "* enrich his notes with much valuable that highest of all high churchmen matter. I . of modern days, Bishop Horsley; In order to avoid repetitions, I of whose unprincipled revilings of shall only remark concerning the Dr. Priestley, and of the dissenters young lady whom Howard visited, in general, they are become, if not that I saw her in the enjoyment of the panegyrists, at least the apolo- health, and even dancing, at Cherson, gists, as they declare they consider during the winter of 1792, nearly the bishop's language as scarcely too three years after Howaru's death. severe ! - However, I hope these I shall next proceed to“ impeach" northern critics, and presbyterian part of the conversation'as reported christians, will in future find it their by Dr. Clarke to have taken place interest to be on the side of religious between Howard and Admiral (Capliberty, as we may then be sure of tain] Priestinan. their servicos!
1. Howard could not say, " it is A FRIEND TO TRUTH " such solli fellows as von Priestman
AND TOLERATION. “ who get over these fevers.” The April 10.
term jolly fellow could not be applied to Priestman, if it means have
ing a healthy appearance, for he was · REPLY TO A LETTER IN THE rather emaciated, always slovenly in MONTHLY REPOSITORY RE his person, taking large quantities of SPECTING THE DEATH OF snuff, and constantly in the habit of MR. HOWARD.
scratching his head : he had been
married to a native of Holland, whose, Sir,
end was hastened by the unkind The Monthly Repository for March treatment of her husband. He was last, contains another letter from the by no means a “ jolly fellow" in anonymous N. L. T. on the subject 1790, 91, and 92. Perhaps he of Howard ; and as the writer dis- might be one, when Dr. Clarke saw plays an uncommon zeal and offici- him an Admiral in 1800. ousness in vindication of Dr. Clarke's 2. Howard could not say, " There statement, the following remarks" is a spot near the village of Daumay convince him that Dr. Clarke " phiny, which would suit me nice. has no reason to be indebted to him “ly:" Such a village never existed, for his intended good offices. Premising that Captain Priestman
* Month. Repos. for Dec. p. 376. was my brother-officer at the time + Edinburgh Rev. Aug 1810, p. 386., when Howard died at Cherson, I'
Ibid, p. 349.