Star. — London, England, 1817-12-19 00:00:00

r outs the hanks or the Jordan. Was set to Bona. r ,e, march. Yet this was done by most pious , oho not only did not intend to degrade the de viiutial poetry which they adopted to pro'lane of po. Jar tun es, but who did not even fear that such Aciations would have a bad effect upon their flock. e h a d thus shewn that there was no practice in the .3i f t to literature more common than that of pro uu saved or devotional writings; that they had on written by the highest and most dignified Mem r, o f the Church—by the Father of the Reform*. hy the Martyrs of the Church of England— melt to whose motives not a shadow of suspicion 1 „.1 attach—in all times—in all manners—in de ,ce of the Government and the Church itself—that i , t i m e had it been condemned by'Courts of Jos e—and now for the first time a iriendlets, and, as p , r ,ecutors hoped, a defenceless man,, was fixed et „ be made a sacrifice for this sin, which had been -;tishtif and applauded for centuries. He was told . I,t these productions of Reformers, of Martyrs, or • 4 i t t ' t aries of Clergymen, of Ministers, and Pen.' T ,, had been illegal. The Judge told him so. • den i e d it. What proof did the Judge produce itnt.ince had one of those productions which had real, or of coach-loads of others which he fit have read, been condemned or even prosecuted. told nut be said that Juries had been refractory of aw l of these publications had taken place „Li c the /edges assumed to be the prisons to decide ori6le lAw'bf libel, keying to the Jury only to say, e htlat the fact of publication was proved or not ? %Cat foundation then had the Learaed.Judge for his nion ?_, 4 •lrle had nut even the decision of any ja r ea.; him ; and now nothing was a libel but It which a Jury of the country declared to be mit trcith a wicked intention. He should now at-I eopt to prove that he had not that intention which vas charged in the indictment, to create impiety and' From the beginning to the end of the tuctiun in question, the subject and the object was It was intended to ridicule a certain set of whose only religion was blind servility, and jeered their pills and their understandings to who, they thought, would best promote their a interest. '[he principles which he ascribed these persons were so enumerated as to contrast • duties which Christianity enjoined ; and the principles shone more bright as contrasted infamous time-servingness. Was it to be sup ' that the Ten Commandments, which contained -rat principles of morality, as well as reli could be debased by a comparison with another Commandments, framed in somewhat - lbe.same • principles of which were as detestable "ose of the first were respecta- Was the Lord's Prayer to be in contrast with it the Prayer :mbar ? It was evidently im could have been his intention.— laking before those whose esteem declared that it was not his intention. first part of the Catechism, which to repeat.]—He would ask, there for supposing that this inten ;Catechism, except on the suppo parodies must be framed with the •tn thing parodied ? • He thought , that this was not the case; he ,ty clear that Martin . Luther did the Psalms...that Dr. Boyce, or ry i did not mean to ridicule the --. .v—Oat the author of 44 the Visitation .k Parliament,'" published by a zeal Charles I. did not mean to ridicule lurch of England—that Mr. Can ; ridicule the Scripture nor Mil► should it be prey umed that he had He should quota another in parody ascribed to Mr. Jekyll, now a I ancet y. on the well known tong Blade-ssed Swam, It rues thus: Nees the Fleet Ism mooed, wades is the %elud e genderasgh appeared as board, As* I say Coeds hod 1 sailers, td me true, sails amass sour cam? high upon die poop, ./ the Wows to sad fro, ho sloped his tank soap, erell-losown Viscount's 'miss Weir. a drops greasy inin - his wiry hands. hes Ilahmiag ea the dock steads !"-.• Assorr did oat suffer the defendant to observing, that publie Characters unnecessarily ridiculed in s Couruot , he conceived the intvodeetion n necessary. His position was, that vrritten on any work without an in. This was an apposite and strik one could suppose that Mr. Jekyll, that wrute that parody, intended to song in question. ,awry —You have read enough to position be, that there may be pa ridicule the works parodied, and , you have fully established it. be, in that case, would not trouble of it, he wu sorry he had occa ,so long. He was, however, ob. some publications which he bad be which would strongly shew the im 'blithers of works similar to 'his own - were the works of that caricaturist mentioned—Mr. Gilray ; works of execution, nothing could be mt . then; he bad before him, one of master-piece of Gilray. It was the Hache, ' the French General of Di. expedition against ireland, plan (cry, was entrusted. It represented robes, With his jack boots fallieg With a halter round his bead in tbe guillotine in his band sts e harp, .to be playing. Inthii *shape la ascending to haven ; but to what was the macho*, indeed, spoken Of. , but above: instead of the bitaphim which are repreaqted'as sortoundifig . Justice and b4ey, were the grotesque with red nightcaps and tri-esdoer cockades, books Wore them, on which were inscribed and the Marmillois Hyena. Instead of angels itc ' l awd end Condoecet, and Murat and recites, :less Agues, with porno, and donlish and,the dilatant implements of death.— The holy army of martyrs were parodied bylaw:fleas figures holding palm branches. But this wet sot all-the symbol of the mystery of the Trinity-4 the Triune 2ssence of the Dwain'', was re l iretented by a triangle; with a plummet, in the midst of which was inscribed EQUALITY. and from it, inread of rays of glory, daggers and bayonets were represented di. verging.. Under the triangle were the Ten Com mandments, beginning-.. *L'hoti shalt have no other God but me," meaning 4. Equality," which was in scribed above .• Upon the this tieth and lortieth seise tration thou shalt have on mercy at all." Mr. Justice Assort -You have reid collie enough of this. You have shewn that it is a most improper publication; it matters not by whom published. It is to no purpose that you shew that there have been blasphemous libels before your time; you must shew that your own publication is not one. Mr. Howe continued-The Jury would see what .the real difference was between Mr. Garay and him. Mr. Gilray, who published these things to serve the purposes of the administration, had a pension for his parodies. The ATToRNILY-GENERAL said it was not before the Court that Mr. Gilray had a pension. They knew nothing of Mr. Gilray. Mr. Hove said he had his informrion on this sub. jest trom the relations of that Genilt man. He had seen a plate of this same Gentleman's which might be called a parody on the taking up of Elijah,. and the leaving his mantle to Elisha. And who was in the place of Elijah and Elisha in Mr. Gilray's print? Why, Mr. Pitt was taken up to Heaven, and his mantle was left to his political associates, among whom were the present Ministry-those who insti. toted this prosecution. While they encouraged these applications of Scripture by their partisans, for it was absurd to suppose that such things would have been done if they were disagreeable to them, by such a man as Mr. Gilray ; while they pensioned this am ileman, was it decent to single out one of their poli tical oppeninis and to persecutd him under the guise of a regard for religion ? Was it decent to do so in the case of a parody, the whole object and intent of which was political, and that too when they could not produce a single-instance in. upport of their practice? Was it possible to raistake the object of this I- He had alseady suffered much-he had been long imprisoned-he was then liberated on his recogni zance., and he was led to imagine rhea she prosecu tion was dropped. It was renewed after a low/Inter val-he had passed nights of an.vety and agony, and he was brought to defend himself under all the dis advantages which a poor and unfriended man could labour under. The public had been prejudiced against him. The neivspapers throughout the country were filled with false mad ignorant charges against him his character was blasted. Yet, be the result of this trial what it might, be should be glad he had an op portunity of defending himself; and he felt that be had done so to the satisfaction of ' every hottest man -and, next co the consciousness of innocence, that was what he valued most. He now stood clear with those, who, if they had supposed him guilty of blas phemy, would have grinned at him as a monster, and be should rest in peace as to the result. He should bring witnesses to 'hew that as soon as he had found that the Parodies were deemed offensive he had suppressed them, and that one person. previously in. timate with him. bad renounced his acquaintance, because he would not furnish him with copies. This ryas long before they were prosecuted. and bowleg done this to satisfy the objectiotts of respectable per sons to publications which be considered to be per fectly lawful, he would leave it to the Jury to say whether it was clear. from the work itself, and from his actions, having those great examples which he had adduced-whether it was clear that his intention was not to ridicule the Ministerial Members, but to proJece impiety, and to bring religion into contempt t. Mr. Hoes, towards the end of his speech, seemed much. affected. He was upwards of tour hours ad dressing the Jury. Several times in the cobrse of his speech the populace, who filled the amide part of the . applauded hild, and particularly when he, coo-. eluded. He then called the tollowiag witnesses: George Butler, bookseller, of the Borough of South wark, deposed, that he called at the de f endant's ,Impoic about 'April last, with a view to purchase, for et& again, some copies of Wilkes's Political Cate. ebiips,. but that the shopman, as well as 1M defen dant himself, refused to let bins have say;- that this refusal served to interrupt a friendship of twenty years standing which he bad had with the defendant s! that his discontent at the retinal waseggravated by the circumstance of his being able to purchase copies of the Catechism elsewhere after that refusal took place. To a question from the Judge. witnessreplied, l that he could not say whether the refusal be bad meationeti took place before the present prosecution was commenced. .31 , Donaell deposed that he was the shop; man of Mr. Hone, And bad immediately succeeded Ber.j.unin Grimstone ; that he was never allowed col sell Wilkes's Catechism. although sever al p e r sonal I applied to him for it; some of those applicants having tendered balf-a•crown and more for ; copy of it,- . while one offered a pound note. To a question frees i the Judge, witness answered that he entered into the, defendant's service about the beginning of April lest. I Beeiansin Gristlier deposed. that he was the de fendant's ',topmast at the time the sale of the„Paro dies was stopped by order of defendant. Witnesses tend into defendant's service at the beginning of J.- suety last, as. which. time the sale ot the Parodies was very toissiderible. They were indeed in the highest sale at the. time they, were atop Fed. There was a. greatt duel of applir.ation for them both by pri. date individuals and by booksellers. after the sale was stopped. To questions from the Judge, witness replied, that the Woof Wilkes' Catechism continued for about five days, ead.that he could not tell how pony copies of it bad been disposed at. Mr. deposed, that he applied in vain. at 'the defendant's sbop, ;bout the beginning of March last, far copies of the Parodies, including Wilkes Catachistar-that be did not know any thing about those Parodies, 'iota he heard of their having bpeo rasseated, sad then from curiosity ha because eft.• mcnu to see them. The Arroasst-Gassaat. began, by aweles s: that be, as the prosecutor% should have a right In say case to reply,. where the difinsdass a ddisee¢ eirideice,' but whether such evidipmehati been brought forward' sale he shatild ups shin tipeasion feel it ,his dot) -ail Mama of she tight whiakisitlly,lotiotsoo ~ " e to No. to reply to tothellerts of the :'Mss of the d w ef"d hich sn wet t; O not at ar e telev in an an t y t i r thes ii that a efo d ee dr t es he s Court, and others which he, for himself. thought ir relevant, but upon which, notwithstanding, he felt the propriety of making some remarks. For instance, the defendant bad spoken of obligations received from him in the course of this prosecution, in conse quence of Ms attention to certain requests made by the defendant, but he begged it to be understood, that in making such replies to the applications of the I defendant as those applications required, he had done nothing mere that what he conceived to be his ditty as Attorney• General. The defendant was not, there. fore, to feel himself under any obligation—for from the manner and the matter of the questions which the defendant had put to him, he should have thought it a dereliction of duty not to hare given the most satisfactory answers in his power.—He had no personal animosity against the defendant, or any , other man whom his official duty called upon him to prosecute, and, therefore, he could never hen. tate to return a courteous answer to any courteous in quiries which might be addressed to him by such men. Nnw as to the surprise which the defendant had expressed, that be was not brought to trial upon this prosecution, in the Sittings after last Term, he would tell him the reason, and that reason ought to have occurred to the defendant's own mind. Objec-, irons were taken by the defendant as to the book from which the Mastet of the Crown Office was in the habii of striking Special Juries. This book, it was notorious, had been returned to the Crown Office by the Sheriff of Loudon. and the complaint of the defendant, as well as of others was, that it did not contain a list of all those in the city, who were by law eligibk to serve on Special Juries, but that the list was confined to the higher order of merchants. Why this was the case, he (tee Attorney-General) could not say—but soon after the defendant's complaint was made, the Sheriff of London sent in several bobks, to the Crown- Office, in lieu of that returned theretofore. and those books were understood to contain a list of all who were eligible to serve as Special Jurors.—ln con sequence of those circumstances, it was not deemed right to insist upon the Jury that was struck for the case of the deft ldest ; and as be had no op portunity last Term - of making any motion in Court upon the subject. svbile the mistake alluded to was in no degree a fault on his part, lie (the Attorney Ge neral) thought. it proper to have the trial postponed. Sinus such postponement, was felt due to justice, he thought it equally fair that the defendant, daring so many months as that postponement must occupy, should not be detained in prison. Hence be thought it right to have the defendant I berated upon his own recognisance. But it was quite erroneous to infer that the delay was the effect of any , intention to aban don the prosecution, which was, in tact, continued in its regular progress. Therefore, the defendant was mistaken in considering this the revival of a prose cution which it was meant to abandon—for nothing whatever, had occurred, since the commencement of this prosecution. to alter the grounds or, in the least, to affect the motives upon which it was instituted.— With respect to the evidence adduced by the defen dant, to shew that he had discontinued the sale 0 this publication,that fact would no doubt form proper matter fir the consideration of the Judges hereafter, ' when called upon to pronounce' their judgment; but ft. had no islevanty to the question before the Jury, iiehidt was simply this, whether tivepublicatitm *Bo ded to were a Libel or not ? The defendant had com plained that be had been improperly selected in this instance for prosecution ; but that complaint must appear gronedless. when it 'was recollected that be had avowed himself as the original publisher of the piper which formed the subject of prosecution. The defendant had indeed ' s leeted in the title-page, that this paper /as"nicer' before printed ;" that it was " an original, manuscript of John Wilkes, adapted to the circumstances of 'the titles ;" so that the delen .dant was to be deemed mainly responsible fur its pub- Ikation I once published, it was liable to be reprinted by others ; but defendant, k was to be recollected, was the fist tender of the poison, and therefore the first person properly to be selected for prosecution; fur it *al by him that the Mischief was set a-going, and to hum will the consequences of that mischief be attri buted. The defendant had adduced a variety of peib : . lications and prints, which it was impossible for 01 1 Man of just feeling or reflection to read or see with out the deepest regret; and what was the object of producing this variety ? Why, to persuade the Coutt to come to this conclusion, that because several libels held been unpunished, his publication should escape with impunity. Thin the defendant had pleaded usage to justify guilt, but such a plea could not avail before any just or rational tribunal. The defendant bad endeavoured to excuse his own conduct by quot big Parodies upon the Holy Scriptures by some emi nent authorities. Among others♦, the defendant had referred to the great author of the Reformation.-- But with all the praise that was due to this distin guished and meritorious individual. it must ever be lamented, that in the course of the controversy which he so ably maintained sigainst his Popish opponents, be too often allowed himself to be betrayed by his illl6loos into the spirit of that very bigotry which he strongly condemned. Here the Learned Gentleman was interrupted, and became inaudible, in consequence of loud coughing in the outer part of the hall ; and the Judge declared that it order were not restored he must have tbe hall cleared. Silence being restored, the Leatnici Gentleman resumed, and obterved, that any man, however high his fame or general merit, who parodied the Holy Scriptures, and tutus contributed to reduce the reve rence and solemnity of their character, was guilty of a great offence. Another distinguished person quoted by the defendant was Dr. Boyce. who was represented to bate parodied the Loan's Prayer ; but, io so doing, he (tee Attorney-General) could not hesitate to say, that this Leatned Divine had done very wrong. Then, as to the parody of Lord Somers, upon which the defendant had dwelt so much. he (the Attorney. General) could not help expressi n g that re g ret, which, ‘ " io doubt that great man himself would feel; if be' bound' that every paper he had happened to write, should, like that referred to, be Put Ashed to the world after his Jeatliby some injudiciodffriend. But this `Was an itiil to which great men were too often liable. Il`bord parodies; however, could avail nothing in de knee of die prisoner's conduct; for no abm's fault 99Phrinerve to justify the task of anothcr. .The, dc- Pendant had also adverted to the mus;o to which some of the Hymns of Dr. Watts Were set; hut neither that, nor the music applied in the Hymns used in nor own Church, could be seriously accused of having the tendency of the publication before the Jury. This tendency was indeed such a' could not bejusti fied in our law ; for the Christian Religion being a part of the law, any publication which tendeJ to bring the Holy Scriptures into ridicule, or to• render them ludicrous, must be deemed illegal and But the defendant had maintained that his publica tion could tint be fairly charged with the libel of im piety or irreligion, if it were not made out that it evinced a desire to destroy.religion itself. This, how. ever, was a most untenable doctrine ; for, whatever tended to bring religion into contempt, as this publi ' cation in his view most clearly did, was an impious, profane act, and consequently a libel. The defendant had said that he was a father. and he (the Attorney- General) dared to say that he was also a Christian. . Ulm, as he (the Attorney-General) had great respect for all sects which w , rshipped G' , l:l in purity of heart, he most express his surprise that the defendant could, as a Christian, calculate upon saving the minds of his children from serious mischief, unless their eyes were hermetically sealed against this publication while ex posed in his shop. F.ir in this publication the Catechises of the Church.the Loan's Prayer, the Apostle's Creed, , and the Ten Commandments, which presei ibe all our duties towards Goa and man, were insidiously attacked. As to the assertion of the defendant, th at nothing was a libel which was not sn pronounced by a Jury. he (the Attorney• General) admitt.td. that. by law, the Jury were the judges of the law as well as of the fact; bur then it was to be remembered. that by the same law it was provided, that the law of libel was not to be measured by any capricious standard; for the very same statute which invested the Jury with the right' of deciding upon the law, authotiaed the Judge to• declare his opinion upon any publication charged to be libellous. Thus a provision was made against that uncertainty which must prevail. if nothing wen to be deemed a breach of the law of libel until the verdict of a Jury had so pronounced it. If. indeed, such uncertainty were allowed to exist. there was no knowing to what degree of mischief it might lead. He had the highest respect for the rights •ot Juries ; but he trusted that the opinion of the Judge would always have its due weight erns any Jury; and in looking at the publication now before the Court. he could have no doubt that the Jury- which he had the honour to address would examine its chancier and tendency, and decide from a full view of its merits, without any reference to the alleged intention of the publisher, whose intention was only to be judged of from his set. This was not by any mama such a publication as occasionally appeared in . gious controversies; for in such cases, however the disputants might differ, they never attempted to bring religion into contempt or ridicule. But this pre sented a caricature of all that was most essential and respectable in religion; and if such a pithlicatiot were tolerated, it was impossible to say to what ex tent these persons were l.kely to go, who were the systematic enemies of that sacred book which formed the best means of happiness in this world, as wellste in the world to come. The Learned Geittlentlii concluded with expressing his confidence in the jot* tactic of the Jury. s t" Mr. Justice Aasorr commenced his charge, hy . stating more particularly the form of the infortnal• tion.-- The offence charged wasahe peblkafioil .cer, libel, with design and intent to promote inspiety anff irreligion : the chief part of the defenee had been occupied in an attempt to spew that no sdefi'desie or intent existed ; but if they were apparent on• thV face of the production. if it were obvious. on inepec► bon, that such was a necessary consequence, the lio presumed that the party publishing had 'it it'contim; platiun at the time of publication. Provided theJiirt were satisfied that the libel had fietendeitcy charged, its form and cheapness were calculated to accelerate its curculatioo, and more widely to disseminate its baneful effects. The discontinuance spoken of by the decadent could not alter the tact of pvblieitioni and though he might feel an early repentance, and suppress the work a few days afte its appearance, the crime was already completed, and the verdict cola not be altered. though. ithe sentence of the - Court might be affected by aarindication of contritinn..r. The proceeding by information was known to the an cient law of the land; it derived its authority ar fat back as the proceeding by indictment; and whether the sine or the other were pursued, could be a matter of no importance to the Jury ; in the one and the other the Attorney-General would equally have his right of reply, even though no evidence were'cOled for the defendant. It had been suggested that the ' Master of the Crown-office ought not to hare themes. Planation of special juries; that he was to possess that power had been settled by an Act of the reign of George 11. He was furnished by the sheriff with .a book or list, and from that he selected, as he kris bound, the names of 48 persons fit to serve on speCial juries ; each side had a right to strikeout 12, Ind the retnaining 24 jurors were returned to try the question. In ordinary cases the Sheriff, an officer also named by the Crown, bad the duty of returning Juries. and the proceeding in the Crown Office was as nearly es possible analogous. His Lordship made these Oilier rations in consequence of what had fallen from Opt of the Jury regarding what had appeared% the public prints; whit the 1. awe Ist those productions were * or did not know—but his Lordship was well-assured of this—that one of the greatest evils known in the present day was, that matters to he brought ufickr the view of a Jury %A . err previously made the subjects ..t discussion in the newspapers, so as to produce dr fair impresions on the one side or on the other; and to interfere with the impartial discharge of a most im portant duty. At the same time his Lordship was persuaded that none of the gentlemen he now ad dressed had entered the box with any impropsi bias ' or predisposition: if gie defendant, as he stated, bad been vilified and it was the duty of the Jury not to allow wh a t they ha*raril on of Court to !in v. fie slightest influence tiiio l n them—ate verdict was to depend upon a con7iction as to the retort nt the libel. The Attorney-Gener4l had said, a, truly, that the Christian religion was part of the la r of the land,. and any offence against it was therefore an off nee 4gainit the law the defendant maintained that the appOta. tion of the libel was purelt political, although 'a itli• gious term bad been adopted; but admitting the fact, it did not follow that the tendency or it' *as not. to Prot:ant prolanefiest And irreligion. Ann Antlitigrity ,ti t ieal, It was intend whose only religi he subjected their with • . e s, who, they thous • .•.ier interest. The ; Huse persons were a the duties which C njiiiu principles shoo ' infamous time-seri • J that the Ten Cott -lithe great principles ito, could be debased t of Commandments, but the principles . noxious as those and beneficial d by placing is .• a Ministerial bleu Me that such emit tan honest man 'peal ,eralued, he declared He then read she first is unnecessary here ground was there to ridicule the iCa that all parodies • of ridiculing the t had akeadj elewn It* I • mean' Dean or f, s Prayer—that t • 'cc for a sick Par] partisan d Citarle service of the Cher • did not Oman to I . Why, then, thou - an intention f I from a parody ter in Chancery, ay's, called Bladtsie " All is the Dow The 'trauma What Costisrese • Abl whores Ted ass, pelmet If my tat Witham s Winos, ebb !di itorX4 by the Heard, as M sop The ereLlosow The spoon drops r And gulch as Ilishoi Mr. Justice Anson • this through, ob e nut to be unnece take. .11f. Hone said, he parody was neces y might be writ • . to ridicule it. instance. No on whoever it was that 'icale the classicel ' Mr. Justice Asir w that. If your po •in which do not a t is one of them, 3 Mr. Hoes said, be, Jury with more o to detain them s d to mention sons • : omitted, and wh pity which publish "Pled- They o t crab be had before s Which in point of . Some of th was the mast Apotheosis of Ha to whom the ' by thi Director] oche in tri-culour his legs, and w m of a wreath, a . which he seemed as represented as a: tee There wa t : the Revelations, b Cherubim, whic areas of Justic ' es with re d a i Flog boob s hoop *' kw end the Mars Roland end 0 ; many nameless ad Pistols, and the 1 - 'I