Star. — London, England, 1817-12-20 00:00:00

General was therefore wrong in the hypothesis belied built upon.the smallness of the price of the public's". tion. Whether it was calculated for the meridian of the lower classes of the community was a matter of different consideratien. If the •price only was the criterion of its purpose, certainly the Learned At torney's proposition was tenable. He was free to ad mit, that this great bulk of •the :purchasers must of necessity have been the ignorant and uninfornied, in 4 usmuch as the largest portion of the community, not-I withstanding the great extent of education in the present enlightened times, fell within the description of ignorant and uninformed t but at the same time .I,e must say, that great numbers of the parody were s'ild to persons who were neither ignorant nor unin. formed. Many Gentlemen had become purchasers. Amongst these were Members of both Houses of Parliament—Statesmen, Lawyers, and private Gen tlemen. The nature of the publication itself was not calculated to produce improper impressions on the tuiuds of the ignorant and uninformed, still less upon the minds of the literate and well educated. It was a publication which was likely to be purchased by all classes of the community ; andit had, in fact, an cztensi've circulati•-n in the country. Many enlight ened persons had formed opinions upon it t they lad 1 lughed with it, because they saw that its object sieve sot to bring the religion of the country into con tempt, or excite irreverent ideas, but to excite that sort of amusement which a mere political squib was calculated to produce. Weak must that mind be, and infirm its stnse of religion, it it could entertain less reverence for the Decry, or less regard for the form of worship by which the Goy of Heaven was addressed, atter reading this trumpery effusion of 'a casual pen. The Attorney General had regretted that certain parodiet had been taken from the shelved ' on which they were placed, end where they 'might have rotted and been forgotten, bad they not been produces' in Court on yesterday's trial. He Meant nothing disrespectful to the 'Learned Attorney. Ge neral in *emoting to.difftt from him on the present occasion ; but he must deny the Learned Gentle man's position, that these pavodies were broughtsfOr ward fur any improper or irrevetent purpose. The production of these books was essentially necessary to his defence before a lord his country, who were' empanelled to try this important issue bete/ten the Crows and himself, the defendant. Without these works, it was impossible for the Jury cocaine to a sound decison upon, the allegations of the inforina lion—to which he should afterwards allude more at length than the Attorney General had thought if necessary welts Many ot the works before buns had been placed upon the shelf only within •the last ten years ; and certainly he sbOuld feel it to be his duty to bring those, at least, under the notice or the Jury: Amosigst them was a well-known publication, called The Nook of Chronicles of Westatinsteri" contain ing Scriptural Parttdiss, applicable to the . Wcatmin. *ter Election. Lord ELLINBOROVOIT-T think it necessary thus • early to apprize you, that if you wish to shew that as a sample ot, publications of the like tendency, which have been' written—or for the purpose of proving that the Sacred Seriptisres have been ridi:ultd - and brought into contempt by other subjects of the realm as well as yourself. I shall not receive it. The cosi mission of aims* by how many 'octet persons they may. have been committed, does not qualify the guilt Of the individual committer. It is my decided par. pose not to receive this an evidence ; and therefore you may use your discretion, whether yon shall dwell' further upon a matter olevislence, which I, declare judicially to b. inadmissible. • Mr. Host —I would ask your Lordship if .you really mean to send me to prison without a fair trial? If your Lordship does not mean ti ? do that, yoU wiii let me make my defence to the Jury. I.ord Eumisonnuciii—You may state what you know to be. of service to you in yciur defenCe upon this particul.r issue. You may state what you plcase,.but . I eell you that that shall not he Sinn in evidence which falls within the description of evi. dcn;e. Sieve. mentioned. Mr. Hilts.-I really do not understand your Lord. ship. • I 'state it Seriously, that I ani. not aware Of she exact meaning of your Lordship's intimation- Lord ELLetasonovou-.-1 think what I hive stated Is intelligible enough to ever, other perion Court. Mr Huns—lt certainly is not intelligil9la to sty' bumble reprehension. Lord Ei.t.assioaouctr—l.ean't help it. Mi. really dbn't clearly understand what you Lord Ship means by' the word efideneo. I am' ignorant of the technical rules of evidence, arid there.' fore I apply to your Lordship fox it there explicit statement of your meaning. 'There are' certain :ne gation's in this informatt.us„ which it is necessary for. me to explain away, by shewing Wei:they ears have no possible reference to the supposed libel.' This I propose to do by calling the•attentson Ortht Jury id passages in other. publications; to she* that ibis pa.l rody has no application Whatever to religiots Miners: I don't.know, as a man of 'plain issideiritanding, what may end what may not be 'given ifs evidence. . slay intention is to read to theJtify'certein otlieir Publi. cations that I consider abesildtelfesientiatoily felon, and so essential to my detetice,"tbat - ca s i n os • defend Myself unless I do read portidni of thole pots: licatiOns. I state this with all due deferente ,Lcirdship. Lord Ett.misonot•ou.—You may go on, and exer cise your own discretion. I tell you What role fatten adopt in my direction to the jai,. I itoe't Whit to interrupt you, bin I thought it my duty to interne you of the course I meant to adopt. TistaWlay tier.i cise your discretiOn, bow fat you will contain lolhat tele or not. Mr. H05z......11 your Lordship bad condescended to explain to me your meaning, by saying thik Vain works ere not admissible in evidebteise all, 1 :head know at once what I sib to eipbet. - pint Lot'• ship says, that I am not to reed the* public/luau' to the' Jury—if that is your Lordship's decidon agalitic me; then 4 hilt no defeice to thiSinfotmition, and I tin ready to lurreadef Stsysilf to yoditorddhip's • duid', and go where your Lordihip tasky'think pro. per to send me. Lord Eummostonon offered no fortherinierrup %inn. when Mi: Boon resumed his address to the Jay, and proateded.without 'any further ceremony 10 Call their attention to the Paraphrase oh the bbok of Ezekiel, published la Mr. Blackwood's Edinburgh Magazine, - . to which he referred in 1,1; speech of yesterday, but' he two omitted to nsmit the name of the boat of Ezekiel, jtidicimisly keepihg within the rule laid dowic, by his Lordship, and contending that this'parody, , justified the argument he proposed to submit to the Jury, namely, that he might parody the Litany as a vehicle for political purposes, without injuring the sacred character of the thing parodied, or meaning to bring religion itself into ridicule and contempt.—. .He admitted, with the Attorney-General, that the Jury must take under their consideration the intention of the Parody, in determining whether it was or wad not a libel. This privilege was imparted to them by Mr. Fox's memorable Libel Bill, the object and in tention of which he discussed at considerable length and with great ingenuity. He next adverted to the injurious and oppressive modern practice of issuing ex.officio informations, which he insisted was a detest. able remnant of the tyrannical power of the Star Chamber, and was now used as an engine to over whelm the defenceless and helpless subject, instead of handing him over to the constitutional process of the law. After bringing under the notice of the Jury the precise language of Cie Information, he urged in the most impressive manner to the Jury, that the viestion for their decision was, whether he intended maliciously and designedly to vilify an scandalize the religion of his country ? for if it ap peared that he had no such intention—then was he milled to a verdict of acquittal. He would even 'call upon his Lordship to say, whether he could be 1 guilty of a libel, unless there was a manifest mitten- , non on his part to commit the offence charged by the Information? Lord ELtatitiloaouon.—As . you call upon me to give my opinion ; I say, that if the publication has a tendency to produce that effect upon the minds of persons who read it, it is in law and in . fact a libel. I should not have interrupted you, but you called for my direction. Mr. Howse-That , Gentlemen o f the Jury, is his Lordship's opinion. Lord ELLENDostouGst.—h is not only my opinion, but it is the opinion of an Lawyers and all Judges; . 1 who ever sat upon the Bench, Every man must be answerable for the teadettcy of his tints. He c41 1 0 6 (' put his private intention in opposition to his act e dit has a tendency to inflame the public mind and pro- dues mischief. There is not a Judge of a Lawyer who will controvert this proposition. Mr. Hoes said, that this was 'not his argnmpst. , The Attorney-General had said, that his 'Lordship would, if he thought fit, give his opinion to the Jury. This his Lordship was certainly empowered to do, under Mr. FOx's B;IL . . Lord Eta.mauniouon.—The Judge wanted no power to do so; before Mr. Fox's Bill. It was his sworn duty to do so, before. Mr. Fox's Bill, or even himself rusted. Mr. Howe submitted that if so Mr: Fox's Bill must be considered as having passed unnecessarily. and was in tact satplunge, although the wisdom of the Legis lature had thought it necessary to introduce an ex press clause into the Bill, empowering the Judge to give his opinion. But," said Mr. Hone, iu a loud voice, " this is bat lair Lordship's eytieies I" This exeliMation priduced a Shout of applause I fioni the auditory; Who clapped their bands and bus aaed repeatedly. Lord •ELLUSBOROUOO called upon the Sheriffs in an authoritative trine to do their ditty, and to seise the persons who had disturbed the Court. The proceedings were stopped for some minutes, when the 'Sheriffs' Officers were asked if they had secured the bffenders?—One of them answered, that they Child not see - any of the pathos wbp had dis turbed the Court. Lord Zuzusououotr.—Open your eyes—stretch, forth your.arm, and setae the offenders. I see a great min) , periods lielore me, but I cannot distinguish the offenders. ,Mr. Hoot then resumed his defence, and contend ed-that isieitrien and roidenry were very different con siderations. A roan's act might have a tendency to do mischief, yet hilt intention might be very innocent. As, forinstance, a person taking up.a . gun not know. ing it to be loaded, and presenting it innocently at mother, and dtath ensued, it might be said that the act tended to murder, yet there was no intention to commit that heinous offence. Again, a man cutting, wood with a hatchet, might accidentally cleave the head of another by the instrument dying bta of his hatid, yet in that case be would not be guilty of murder. Lord ELtausottovem said, that the defendant was totally mistaken in his law. Theinstandes 'Were, totally distinguishable. In the one, the 'orence *Mid. be manslaughter, and therefore felony ; and in the other the death would be accidental. Mr. Howe than proceeded in his argument, Int was, repeatedly interrupted by his Lordship. He '.twice 'reminded his Lordship that :it was 'he, (Mr. Hanel ,whirwas upon his trial, and•not his Lordship, and therefore be requited that be diight be perreit-., led to .conduct his defence in his own way. His. Lordship would-Sit very coolly *sport : the benchelter 'he(hfr. Hone) • should be consigned to a dungeon ; and therefore he must claim the right of convincing ' the Jdry after his own fashion, that he had a stronger Interest in the issue than his Lordship, and, if pas-: Bible, avert the. peril which awaited him. if his Lord. ship's opinion was to decide his fate,. He proceeded to examine at great length the illegal praCtice of is. ailing re -Nero rnforinattons, and entimerkted many of the sells attending this practi ce to unhappy 'Wu ils who:were brought undet 'the displeasure of •theAtteiney'General. Particularly he Mentioned the cases of the wretched man new cOnfined . in Ches ter Castle, loaded viith . heavy irons, for publishing this veryzarody. In this part of his c ase he ass,' . . again int rupted by the Learned Judge, Who tailed Upbrilildi towove 114 facts he stated, which the de `fendant said he wii in a condition to do . ilit were neeeisary. - He nest complained of the injustice done him by tittsin inurials in the pay of Goiernotent hebirtiEblaitralbided to the Dal and Afear Times andMorals' g Saha, notwithstanding' hii ac• Timid of yesterday, teemed this morning with the most gross abuseot him, and reiterated that he was an infamous blasphasier. He produced these pipers for the Ovine '6( MS:striating *Nat besticl, and .shewing that it wa s i m p oss ibl e f or the minds of tbe Jury to be unprejudiced on the present trial ; but Lord Ellenbdrongh would ant suffer him to read them; • saying thht the' Court had nothing to do with the fresh of newspapers, and that if he had thought the paper; in question calcolated to prejsdice the Jay. he should have Moved to put of his trial. The defendant then proceeded to bring under the 'notide of the Jury,-the question of libel or no l ibe l. • They must make up their minds that his intention, was bad before they pronounced him guilty. He should now proceed to shew, that for years parodies had etisted unquestioned, and even the par-, titular species of parody of which he stood accused ..He should also, from this universal practice, and from examples which he should give, establish be- , land . a doubt, that it was possible to parody without' ridiculing the thing parodied. He asserted that the untidy was written to excite a laugh—not at the production which he parodied, but entirely indepen dent of it. The first parody he should produce, was a parody on that useful instrument the Thermometer, by the late Dr. Lettsom ; who, by a scale, graduated alter the manner of the Thermometer, attempted to shew that temperance was conducive to health and morals, and that intemperance was destructive to both. There was in ascending and a descending scale, from punch occasionally, up to dram-drinking at morning, noon and night, against which the effects , on the morals were placed ; these different degrees of intemperance—ending with Botany Bay, the hulks, and the gallows. Who would say, that in this publication Dr. Lettsom intended to ridicule the Thermometer yet it was a parody on that instru ment, in every sense of the word. There was ano. Cher, which he held in his hand, which was a parody on the Barometer—a parody f. , r religions purposes. It described the progress of a mind from religious in. difference, through different stages of religious ob servance, up to happiness on each and salvation hereafter ; and on the other hand, down to death and perdition. Here the thing parodied was secu lar, and the parody was for religious purposes--in his case the parody was of a religious work for se cular purposes.—They did not mean to *ridicule the Barometer, nor did he mean to ridicule the Litany. The practice of parodying religious works, even parts of the Holy Scriptures, on different occasions, by men whose sentiments, with regard to those writings, were above suspicion. The first parodist that he - knew of, was the first restorer of the purity of the Christian Religion. Martin l i uther, the father of the ReforMatien, in 1518, had a controversy with cer tain other persons of the Reformed Religion, in the Comm of which he parodied the first repo of the lst P5a1m...4.1 Blessed is the tom %Ira& had; not walked in the way of the Saccamentaroms, off sat in the seat of the Zoinglians, nor followed ! the counsel of the Zurichnes."—The next puodia he should allude to,. ' was Dr. Jolla Boyce, who tvaa .the Dean of Canter• bury in the reign of James I. He had first run into Berke's anecdotes on account of this Divine's parody. IS was there said that Dr. Boyce had gained great: applause by a parody of the Lotto's Prayer, in a ser sun which he preached at Paul's•cross. It was in 'aeited in a folio volume et sermons of Dr. Boyce... The parody was to this effect." Our Pope, which art in Rome, cursid be thy name ; give us this day our cup of the Lento's Sumer, and remit to us the money woad) thou has obtained for indulgences," &c. Lord ELLxienoaot:ou—And do you 'contend that this parody of Boyce was innocent ? Boyce, if he had been placed in your situation, would be liable to be punished. Mr. Hume said, the fact was that he was not pu nished ; here was grave authority for such parodies ; here was Martin Luther, and afterwards a High Dignitary of the Church of England. Lord Etas en:mown said, that unless the defen dant could prove, that the persons who had made these parodies were standards of innocence in all things, their aess could be no defence to him. and there was no cccasion that the Jury should attend to such things. Ir was not a reason, because such things were read yesterday. that they should be now admis sible-.-though he did not know whether this identical parody had been read or no. Mr. Hoax said it had been read. Lord Ettemetthouott —I am sorry for it—k cannot be admitted in evidence. Mr. Hone said he did,not want to put it in as evi dence. He merely wished to thew that parodies had it all times been permitted, and that they had been published without any improper intention. If, there bad been any thing criminal in Dr. Boyce's parody, would it not have been noticed 1 At that time the Ecclesiastical Courts were most severe in censures on those who they conceived deserved them ; and no man, however high, who offended these tribunals, could hope to escape with impunity. There were also grave and. learned Judges and Law Officers, there was Lord Coke, among Ethers, and was it to be supposed, if this was an offence against the law, no. toricess as the act was, that it would not have been taken notice of, or that these great lawyers were ig norant of their duty ? It was impossible that the ser. mon should not have been well known, as it was preached at Paul's Cross, the place where the coin-i mcnialty of the City of London were usually addres sed by popular preachers of that day. The audiences on such occasions. were most numerous..L-The next parody he should mention was in the Harleian Misr cellany, or the Tracts of Robert Harley, Earl of Ox ford. This was peculiarly apposite, because it pa rodied a part of the Book of Common Prayer, for parodying another part of which be was now tried. The part parodied in the Tract which was printed in the second volume of that Collection was the &nice for the Visitation of the Sick. It was originally printed in 1647, and entitled " The plague at West minster; or, an Order for the Visitation of a Sick Parliament, grievously troubledvith anew Disease, called the Consumption of their Members ; with a Form of Prayer, and other Rites and Ceremonies to be used for their recovery. Strictly commanded to be used in all Churches, Chapels, and Congregations throughout his Majesty's three kitogdoms of England, Scotland, and Ireland. Printed tor V. V."-- 14 Let ell the long-abused people of this kingdom speedily repair for the remedy of all their grievances to the high place at Westminster; and so soon as entered into the 'Lords' House, let them reverently kneel down upon their bare knees, and say this new prayer and exhortation following 0 almighty and ever. lasting Lords, we acknowledge and confess from the bbttom of our hearts, that you have most justly plagued us tiler 101 l seven-years, for oa r manitolti sins and iniquities. Fortuatuch as we have not re belled against you, but against the Bing, our most' 'graelcoui Ldtd, 'to the abuadtint 'sorrow of our relent tug hearth to whose empty chair we now bow in al reverence, in token of our duty and obedienro. we now too well, 0 Lords, understand that we grievously sinned, whi c h hash mad e y our H, give us as a spoil unto robbers, vie. your come' arquestrators, excisemen, and pursuiv atn ., eg The parties, then, if t h e y fi n d no redre,,- , the House of Commons ; after which this 6. ; follows :—Here let all the people sing Psalm 4• Judge and revenge , . &c. and then turning sco t; Henry Vll.'s Chapel, let all the penpl t mon. i articles of their new reformed faith, and a:ltt follows :—The passage thus directed to Se said:, the whole article concludes thus...." V.f e r jes „ c : by all these, pray against the plaguy dise4as hypocrisy bath brought upon the two fIr,.. 1 :„ 01 liament and the whole kingdom, by hereii, impeachments, banishments, and the iike. Then let the people sing the 41 st Psalm, part."—This was p rec i se l y a similar ca,e own : it was a parent), on a part a :he c t , Prayer —it was directed also ag ainst suppos e d 4 %, in the Commons House of Parliamem and branches of the state, and it was also circulate among the common people, and t o ~, laughter, not at the thing parodied, but a: the rn.:nt at Westminster. It was to be remembered this was written by one, of a High Church par, party which made sacriEce of wealsh and life u tain the rites end ceremonies of the Chun.h, were attacked by the Republican; and Puritans that day. So her were these men front sem . that this 'art of parody_would tome the prude ' , parodied into contempt, that, to ridicule their tines, they parodied one of the films of the C l h which they were in the act of asaintainii.g with their strength.—The nett parody ohrch he !! mention was from the Co!lection of the Lord Somers, a great lawyer and a respecn,lae man, who contributed more, perhars, than lie, man to the expulsion of Jamvs• the &vim' and settlement under which the preser' drrar.:y •A as ted on the throne. In his Collection there , tes a ro.ly, not on the Common Prayr, hot en ;he Testament. It closely followed the Ist chapter Matthew :—es Etcel—The New Testament ,;(' Lords and Saviours, the House of Comniona: jSupreme Council at Win'isnr. Newly translated lat their own heathenish Creek Ordinanc,s. with former proceedings diligently compared and re , and appointed to be:lead in all Coneentieln. I. The Genealogy of the-Par;iament, from the Ib4o to this present 164 h. Th. 2 conception et brain by the influence o: the D ytl; and been of and damnation, when they were espoused to V 1. The Book of the Geuerateet of Johu Pyin,' of Judas, the son of Ilt•leeetib. Y. Pyat begat a Bauman a Parhament Le,;at &roude, ;it t -, a t e , HaZlerig, and•Haal er ig begat Hollis. 3. Hollit gat Hotham, Hoth,m begat Malith and Martin gat Corbel ;" and so on afterwards in the Oita verse—se Tien King Charles, being a just man, not willing to have bis people ruinated, was ms to dissolve them. 14. Bat witiL he thought or things, behold an angel of darkn ess appe are d to in the shape of in angel of light. saying—; Charles, these men intetid nothing out thine and kingdom's good, therefurp tear no 'rte et em pewee, for what they now uncle the ' Gnosr.. 15. And they shall a end shall call his name " ON; " shall save the people trona their sena.' taunts chapter runs thus :-- 44 1. Then Was Charles permitted by Goo to be tempted by his liament with tint easonable propositions, Many 2. And when Pentbruke, the Tempter, came him, he said, if thou wilt still be King of Gre. fain, thou must set thy hand to These pot mita and afterwards, from that time there was a :t war between the King and his Parliament, wi:n equal concernment on both sides. Hi. And his went through•all the quarters of England, th bringing unto him all such - as were diseased with evil, and he healed them. 11. And there foll him great multitudes of his people." This p: it was also very evident, was written, by a rc partizan of tie High Church Party, as it was posed in 1648, in behalf olKing Charles.—T., article he should mention was contained in the 2, Mark Noble's continuation of the Rev. Mr. Gr iii, Biographical History of England, which, thongs was not a - parody on. Scripture, shewed that at never apprehended by the most pious men, that casual association of ludicrous images with of the Christian Religion, tended to weaken the spect due to that faith. Mr. Noble, in his work, _ that there was a song respecting Dr. Burnett, the author of 44 The Theory ut the Earth," and Matta of the Charter House— A Dean and Prebendary Had once a Dew vagary ; And were at doleful strife, sfr, Who led the better life, sir, And was the better man. And was the better man. The dean be said; that truly, Sinee Muff was so unruly. He'd prove it to his face, sir, That be bad the moat grace. sir; And so the fight began, dm • When Preb.'reptled like thunder, And roars our 'twas no wonder. Since gods th e Dean bad three, air, And snare by two than he, sir ; For he bad got but one, &e. Now while these two were raging, And In dispute engaging, The Master of the CIIMITFII. Said both had caoght a tartar; For gods, sir, there were new, &e. That all the busks of Moses Were nothing but supposes That he deserv'd rebuke, sir, Who wrote the Pentateuch, sir; "Item; nothing but a sham, 'Twas notbiog but a sham. That as for father Adatn, With Mrs. Evi, his maJam, And what the serpent spoke, sir, `Twas . nothing but a joke, sir, And well.invented Sam, ate. Lord ELLII4IIOItonOH said, that he could not !t such a thing to be read. When a thing was so at - cent; he should absolutely prohibit the reading it. Mr. Hone said, that it was published, and recer:'s too, by a Clergyman of th e Ch urc h o f E ng l an d, e!' ;tad no sense of its impropriety. The rennainirg e;:t was quite unobjectionable, and he begged to b: y.•= rnitted to read it. Lord EttEmsonotron said he could not sti ff er m•r -4 such a productio n to b e rea d. Th e d e f en dant b.il Already &hewn a ve r y b a d j u d gment as to w h a t WA'. enc.. at wel l , H, • ▪ ICC. " , t• is saltrt 43. iC abo tt vhears e 1:4 , s e %aid, a, besete: +e ;t:s v o ▪ .0 p 1, "lev el . e• Ans. and ays , t) e CtaLin cred and int ic•!ht..d d to r y. th: Par ribered t: h party ile to • Ws, wh: Puritans series • rudneei, then he Chu • ,g wish he !.!:. ructa sr . ld and :y •A a s '.1"...tS a n N. tera r oni and •• Instated / w/th nd rettst • es. n the ye .It t. )(Tit cf Co y in, the • egat P 4•tisle • Hollis • !slate:l thir.ee man, a. rat. min ;ht on ch. red to h ing-- Kt ine etlemt Mile Hu 2 110 ION." it ."-T. 4 his • nany day - !me .‘lll. Great B:: DI init. , n. a t:eacii it, witn d his fa. the peci- -4 with I followe lis paro4 a r . ..••:t0 WAS CO the net. though hat it VIA en, that a th mitten • !ti the re- work, safes r