The British Press; or, Morning Literary Advertiser.
London, England, 1819-11-17 00:00:00

WRIT OF NE EXEAT RUIN°.

O. WORTHINGTON and CHARLOTTE VINO.

Mr. Howie moved a writ IVe Ezeat Regal, lobe
directed to the defendant, Charlotte King, under
the following circumstances ;—Her late husband,
George King, and the defendant, Worthington,
were partners in trade, and on his decease she ad.
ministered to his estate, and took possession of the
partnership effects. The Plaintiff. who was* ere.
ditor of the partnership, brought his action against
the survivisig partner, the defendant Worthington,
who, by his answe►, admitted that he was a pauper,
and that the defendant. Charlotte King, had received
above 7001, of debts due to the partnership concern.
He held in his hand several affidavits, setting forth
that the defendant, Charlotte King, was • native
of Portugal, and that as soon as she got possession
of the produce of the partnership she intended to
leave this country, and to go and reside at Lisbon.
It was on these grounds that he moved for the writ.
The LORD CHANCILLLOR granted the motion,
and directed that the writ should issue for 4004

WRIT OF HABEAS CORPUS.
be the sesame? of STANLEY GODDA IT. • Bankrupt.
Mr. G. WILSON stated, on the sittiug of the
Court, shut the bankrupt was in Court (in custody
of the Keeper of Netsgate) by virtue of a writ of
liabeos Corpus granted by his Lordship.
The LORD CHANCELLOR then directed that ti I
return to the writ should be read, which was eon
cordingly doue by one of the six clerks. It set I
forth that a commission of bankruptcy had beep
awarded against Stauley Goddart. of Cornbill, aid
that he had surrendered to tie essesmitists awl
that his examination had bees past at e. SIVINIII
occasions, to give hi. an eppaelisity of ronlieling
to the Cuesmissiouers • written se count of his estate.
On his last examination, ou the gth of November.
the Constnissiouers put the following pacifists is

him :-

Q. As reposteA otijowesoseols have taboo place fir the
purpose of year pro/awing ao accoool and balsam short,
are yaw wow famished wish draw 3—A. 1 on wet, as I .uDot able to woke diens wet without the sodssairs of ley
wife. Nm &Wart, which she whims to glee said the trial
at law is over.

Q. fires you got say sanest ?—A. Nose et prePoot.
Q. Cs. yeti melte Deno sot without the essletsete of
Mrs. Goidari ?—A. 1 eerseisly as woke oat pert et es
secolost from the ledger.
Q. Why then sot oohs it sot t—A. Deems* W I use& it
out. 1 shoal. be afraid dps property weeM pot ituo the Mei
of the maven, end is cops the eetsmissio• wee supereoled
1 shouW sot be able to rawer it *en Mem.

. The Comonimsoo;ers being of opinion that these
answer* were not solisfectory, committed the bank.
rapt to Nelogme.
Mr. WlLana said, he moved for the discharge of
the bankrupt, on the goosed diet the Commission.
en, by the Act of Perhatneat of the ith of Geo. 11.
3, see. 5, were not sietherived to put the qua.
tioas that they did to the boaktupt, and if he was
wrong in that point, he would Nimbly contend that
the bankrupt had folly and satisfactorily answered
them. This was • committal for the mere now.
prodottios of an account; 'appose, for instance,
that the bookrupt had answered that he bed no
books, that he never kept any, and it was impossi-
ble that he could produce on account or • balance
sheet; would the CommieWeners be borne out in
committing him They would net, fur it would
then become their duty to examine hiss merely to
his recollectioa. The present ways similar dm. mid
they had not doom so. The Comunsionors had a
due, if they thought Frew vs have, got eit the
knowledp of why the seams* was soot produced►
by inquiry We the tontnee of the trial et keit bolt
they heel en=gettrer It was the dew Wife.
fere of she. '-••• hare nesemined Ann
"Aimed a written eeeeent as to his estate and

. .
t • ,flrs.
1141101. peogieilselreet .4ted lowa 4esder
wouiptd Wow he meste.ied boo net ink set
great witherd., which also 'lllll.
ao Oro. Go be had sae desist
het his Lordship floe Primmer frees
castody. flirt Leafier( timed (Mr. Rnir) who
;win with him, and who attended before the Cora-
mtissioriers, would be better able to adonis his Lord-
ship PIK pinged before them.. ,
.The Lotto Cu tiscst..t.os.-11 for bound not to
take any ,Ahiag blot. what is Oa the return to the
writ, I will; tberefpre, hem nothing that is not
there, and I request that nothing thit is not borne
out by the return will be addressed tb me, as it only
tends to mislead the i)odge. I am hearing • com-
mon low case, and will abide by its ralti."
Mr. Hose followed Mr. MIAOW.
Mr. Hso La, coasisel for Itie,posigneer, *said, that
it win hot necessary for him f frillo4 his Learned
Friends, by attempting to anis,* their arguments,
as the duty of the Comariesionetti at this time of
day was completely settled, sod in committing the
bankrupt they bad only dose ilieh dory. His
Lordship had only to look at the record, and on
the face of it he would see that the bankrupt meant
to tell the Commissioners that be did not intend to

give any account at all, either written or verbal.
I-h would not occupy the time of his Lordship by
saying one word more.
Mr. MONTAGUE followed, via Mr. WILSON re-
plied.
The LORD CHANCILLOR-4. Those kind at
applications are always most pastel to me when I
find I am not authorised to discharge the appli-
cant. It is a great consolation to know that by
the passing of the recent Act Of Parliament, if I
eel• in my judgment, thot the binkhipt may apply
to.morrow to the Court of King's Beach, or COM.
mon Plea, and if I am wrong they will set me
right. As the law formerly was, if a bankrupt
gave a direct answer to a question, the Commis.
!Miners were not warranted in committing him, and
if he was brought into Coati by Habeas Corpus,
and the answers were direct, whether tree or
false, the Judge was obliged to discharge him
front custody ; bat since Lord Kenyosesi time it
had been sailed, where Commissioners put a
lawful question to a bankrupt, be must answer it
in as to be satisfactory to a reasonable mind. Sit-
ting here to hear a Habeas Corpus, I sit as Judge
in a Court of Law, for I do not issue the writ as
Lord Chancellor, but in my common law right.
If I woe sitting in bankruptcy, I might recommend
it to the Commissioners to call the bankrupt again
before them, and to tell him that the trial at law
had nothing to do with the questions put by them
to him, and that he must rawer all lawful treaties,
at his peril. If they have not stated this to him. I
wish they would call him again before Owns for
that purpose. On this return, I mama discharge
the bankrupt ; but I will not soy so this day, as I
will take the cote into my serious consideration this
evening, when my mind is undisturbed; and this I
think I ant bound to do, as the liberty of theaubject
is in question."—Judgmeat palpated.

. ~..

COURT OF ICING'S BENCH, Watson's'',
Tummy, Nemesis IL

SEDITIOUS AND

This being the day appointed tot the judgment
of the Court to be pronounced*. Richard Cedar.,
fur the offences of which he had been convicted at
the last sittings at Guildhall, viz. the publication
of Pohl?, Age of Reason, and Poloser's Principles
of Noinre.—The attendance of strangers was ono-
sonny great, and the Court was crowded at a very
early hoer.
About tee o'clock the Defendant was brought
into Court in the custody of two Oficees. sad took
his seat on the form under the Akers' desk.
His appearance and demeanour indicated * sof&
cient degree either of composure or insensibility—
he took • newspaper from his pocket. which he
continued reading for • considerable dam
At ten o'clock Mr. Justice Bass entered the
Court. and entertained several common motion,.

The ATTOIMET-OZNIIIIAL sad the SOLICITON•
GENISAL soon after took their testa.

THE ZINO V. ROBERT SHORTER.

Before the other Judges arrived. Mr. Ltreut-
DA LK moved that Robert Shanty mu dab* venders
of Mr. Carlile's Republicans, simiald plaid to a cri-
minal information.
The Defendant was then called into Court, and
directed to take his station on the floor before Mr.
DICALTRY, in order to hear the information read.
He replied, " Sir, I will attend to you imme-
diately," and went towards the done of the Court.
where he began to hold a secret consultation with
one of his friends. On being conducted bock—
Mr. Dealtry then read the information. The
first and most material count of it charged the De-
fendant with having published. at Westminster. in
September last, • certain false, wicked, and bias-
s libel, tending tet create and excite dialer*.
listened contempt towel* the person and Gonna.
meat of his Royal Hives the Prisms Regent.
Timm wqre arvemi mbar noun • previous to
the 'resift Wrinsisa deiipmded
whether it was dm ;ppm pub r'"- wee
called a libel, to which Mr. aisltry at std ia the
affirmative.
Doering the reeditneg of We liempatims, the
CHIRP JUSTICII sad sir. Jemise ilibumva CAIRN
into Court.
After the informatics hid `ten mad through,
Mr. Dealtry asked the Defendant whether he
pleaded.Gatiky or Not Guilty
The Detendent--.Not QM,. certainly ; its only
for publishing • book. If I plaid Now. when shall
I be pot upon my trial ?
The CUM? Juvrica—That does not rest with
me. Sir ; you are °lily wow asked whether you choose
so plead or not.
The Defendaat—Bat it I plead sow. shell I be
tried sow I am charged with priblishing a seta.
tioes libel. which I certainly did pubis* sae stews,
...,red I my I am innocent; I am goody as be
triad now.
Thu Cots, Jousrica.4 man! ulipuiat when
your twat is so lie plate.
Tho Morestalbaba-It I plead now. shall 'I Wiggler
diaameimily of proestring hail, Mesas Mai at
promo srapeeparnd ?
The Casey hensaw,Tba Offset
yee wpm that subjee‘w , ..uoi
Mr. Daakray—Otbor pima lir how boo

÷.1.1 5 . •'")
with tinder inliarodeen kw set been
td te pet in bail.
Wroclaw—Btu they did not plead.
a war Cut naJusTscs—Thsey chose. I uaderstand,
to avail theusselves of the time allowed them by the
practice of the Coed, to consider of their pleas.
Do you wish to have • similar indulgence? You
can have time if yon choose.
The Defendant—Bot, my Lord, I do not want
this to be lunging over may heed. It is to or she
greatest punishment to be kept in suspense. If I
plead now, when shall I be tried ? Am Ito be
kris! in suspense anti! after neat Term ?
The Cntue AliTicr —All you are now requested
to do is, to answer the question which is put to you.
Do you choose to plead or not ? Or will you take
time to 'dead ?

The Drfroodant—Still am I to be kept in sus.
pence bold alter next Term ?

The Cut sir JUSTICE—I cannot answer that ques-
tion. sir. I
cannot appoint your trial.
The Defendant—Well. I will consider of it, snd
answer in two or three minutes. How many counts
are there in that information

Mr. Ds• LT ItT.--SeVe is.
Mr. DILA LTRY new read over another Criminal
Information, for the publication of one of Carlile's
blasphemous libels.
After this information was read over, the Defend-
ant we, again asked to plead.
The Defendaut—l plead Not Guilty to both in-
formstionsb and the sooner the trials are brought
on, the better.
The Defendant then retired from Court.
The Sottctvoa-Gkireasr. was now called upon
to move, but said he would not until the Court
was full. Mr. Justice Bayley being detained in the
Bail Court.

The Cunt► JUSTICE-I know there is a case for
judgment appointed for this morning. but we must
wait a short time until my brother Bayley comes
in. I myself shall be absent for • few minutes,
by and by. But in.the mean time we shall bear
motions.

Several common motion were then disposed of.
The Ceiet► JUSTICE snd Mr. Justice Hotacivir
left th. Court, but returned in • few minutes.
_ .

Mr. Justice BATLEY took his seat ott the Basch
aboht hall:past civics o'clock.

2111 KING G. CARLILK.

- - -•-- --------
At a quarter before twelve, this case was called
ea by the Cuter Jurrtck, and the Defendant
having taken his place on the floor, his Lordship
said, 4, This is an information exhibited by his Ma-
jesty', Attnrney-General against Richard Car-
lile. The first count charged—
" That Richard Celine, late of Loudon, bookseller, being
I wicked, impious, and ill-disposed permit, Ac. did, on the
!Tat December, is the Sikh year of she reign of our re-
sist Sovereign Lord Gail. the Third, Ste. print sad ligh-
tish, and cussed to ha printed sod published, • crisis man-
&loos, impious, sad blasphemous libel, of sad coaceraing
that part of the tioly Bible which is called the Old Mia-
smal containing therein summegst other thins, divers seas-
impious, sad bls;plesinsias waiters, of and cosiorro.
beg that part of the Holy Bible which is calltd the Old
Testameat.

"Then a passage wasset forth from the pamphlet,
in the information. This passage was read in Court,
and indeed. I believe, the entire of the publication ;
besides the Judges of the Court are in possession
of the work, and therefore it does not seem to me
to be necessary to repeat the extracts here." His
Lordship then stated the second and third counts,
observing the same caution with respect to the
offensive passages from the work, as in describing
the first. slier which he read his report of the first
trial. This having been terminated ...-
Mr. DUMAN rose end said—May it please your
Lordships--
The Cuter JUSTICE—Ht ve you any affidavits
to produce ?'
The Learned Counsel replied in the negative.
that his object was to move in arrest of judgment.
He prefaced his motion to the Court by remarking,
that as he appeared in this advanced state of the
case merely in a professional capacity, any apology
from him as to the nature of the arguments which
he was about to submit in the fulfilment of his duty,
would be unnecessary. lie well knew that Defeo-
dents who urged their own cases, necessarily did so
under considerable disadvantages, but at the some
time they had upportuuities of urging matter which
could not be urged from those benches where be
had the honour to sit; because minds long inured
to the practice of Courts must be aware of the argu.
ments which were admissible in a case, and would
necessarily be expected by the Court to abstain
from all topics which their profession taught theni
could not be receivable. The point on which he
had this day to move in sorest of the judgment in
this case was, that the defendant had not been tried
according to the law of the country, which had been
framed to meet the offence with whirls he was charg-
ed. The statute of 9 sod 10 of W. 111. was one
expressly enacted to meet the offence in question,and
opal the provisions of that astute the pessecetion
statist this Defendant ought to have been founded.
The information. the present ion, and thewhole of the
proceedings against him had been grounded on the
supposition mid *iciest, that the offence with which
he stood charged was punishable by the common
law; whereas the statute 9th and 10th Wiliam
c. 32, had expressly laid down wherein the ef-
feece consisted, and defined the penalties cease-
quest on its conusissioni and is so doing, bad
taken it oat of the amuse of the common law,
turned it into soother cliental, superseded the com-
mon, and rendered it punishable by the statute law
only. The Act paid, that it any perms *decided
Inger having mode profusion of Abe Christian reli-
gion. shall by wiles, preschieg. teaching, or ad-
"laid speaking. deny the Christian religion to be
tree. or the Holy Scriptures to be of divit.e authori-
ty. be should, upon csavietios, be subject to tes-
tae penalties, specifically mistimed. He was well
aware o( the objection which most or* a favour of
the • whose allow We 'Woo woo
--"ierid. Lee&

1.1 . ln
' 11, 41411A10.14114 eat ‘llOO. AlmpuNwili
rillllllllllll,llloll,4tise. the irt;st, Pertiate
tutl Dersistiset
whaimueulpiele4ipith.shut reillieular ammo .assit
be finest 'APES OM statute, sod ware sot eu be
institsted si ems. low. As the Defendant ass •
not proceededueshietessider this amide. a he ought
to hate been, ine ir4dsprived •f all show whom.
tapes which a Defust charged with so seines.
an offence was intsoded to have. The next SIOn
was that of the King it. Wollaston. sail there the
discourses were printed. hr learned ; and they were
against the miracles of Christ, cossonsilises that they
were allegorical. But in such! ease there was no
denial of Christianity, and therefore it did out cou.r.
within the Act.
Judge B•TLEY.--There was the ease .of Hell.
which was the denial of the Trinity ; seril•there the
Court would nut suffer the point to he debated
whether the proceeding ought to be at countries'
law? It was decided there as in the case of the Ksog
tr. Woollaston, that the isrocerdsogs for denying the
Trinity were to be in the " Temporal" Corms.
Mr. DENMAN submitted that the Act nosier a high
the Defendant was prosecuted. took the ismer woof
the hands of the Tems.oral or Law Coate. The
next case was that of the Kiug et William. where
it was contended that there was no such thing 'ad
blasphemy, and that profaners eta so übb ss ielligt.
ble word ; but 'wither there our in other came lisd
the question respecting the jurisdiction beets ago.
sated. This was the argument which he wow ru-
structed to urge.
The Cuts. Jcertcr commenced by reveling
the clauses in the Act of William aud ;dory,
and then proceeded to sly, that he took air as
a well established and general principk of low.
that when constituted an offence at commas los,
and a statute is made agreeable tie the caws
mon law, that statute does not take away the mi.
ginal right to proceed on the common law. TIOs
doctrine, his Lordship said, was laid dews. at large.
in the case of King v. Robinson, by the hoe Loral
Meld—his Lordship then said, that she hoe
clear and determined. and the procreating
ms die 'part of the Crown being regular. fioneded
*like on principle, and on the inithority of decided
cases, he for one would soy, that be itimeght there
was oo gronud to sustain the preseist application,
Sod that it therefore ought to be relieved.
Mr. Justice BAILEY said, that it was not forces.
very for him to take up much time in swift his
reasons for refusing the application, as the point
suggested by the Learned Counsel hail received a
distinct answer .already, locked the decision
the case or the King a. Robinson furnished a fall
answer. if an Act of Parliament expressly comes.-
toted a new offence—if it made that l'elatty winch
was not so at the common law, then the course of
proceeding pointed by the statute should be fol-
lowed—there the Act of Parliament should be adopt-
ed is two. But in the present case the Act of Parlia-
ment did not make that en offence wheel) was nut so
before—the offence under the statute was of the
same nature as it stood at common law—the Act of
Parliament only defined the punishment in a ape.
cilic way, it pointed out the various classes its which
the offence might be placed, but it left the party
prosecuting at liberty to proceed either under the
statute or by the ancient caesium law. If the Act
of Parliament made that • felony which before the
passing of the Act was merely • misdemeanor, the
case would be different, but here it left unaltered
the nature of the offence, and therefore the !wry
might either resort to the Act of Parliament, or
proceed after the manner warmed before the Act
was made. The case of the King e. Robinson atm
clear on the point: there Lord Mansfield hod darn
the law, and alluded to many cases on the subject—
there his Lordship held that the party was .sot
bound to confine himself to the statute, hereon the
thing compheined of was also a common lair of-
farce. The same doctrine was established in the
King tr. Taylor, snd the King e. Woollassois. In the
King v. Hall, it was also acted on. In Ilse lat•
ter case great liquifier was done to the Defeodant,
if it be true as was contended for on the pretest asc-
ension that the crime of the Defendant was suet
punishable at the common law.
Mr. Justice HOLEOYD concurred in the priori.
pies laid down by his Learned Brethren. The lair
he considered extremely clear, and ussqcestionally
-Milled. A case occurred in that Court three does
dinne, in which an iiirliwidual (Sir al. Lopes), wets
eknoicted of bribery ; the eirceinstasice oceured two
plans before. and he thought himself therefore
cure, but this could not avail him : Isis was an os.
trace against the common law. The offeisee iis the
present case was an offence against the coin awn, law ;
it was so proceeded against, and lee saw sot misfits
whatever for granting the present aprlication tar
mesa ofjudgenent--clear as he was that the pro-
teins proceeding, were detect; legato. sod lira,
Mr. Justice BEST mid, he was happy to twee
it from the admisinse Of • learned dial jamb-
:times advocate, that some of the enemas which
the Defesdasit wadd rely on were wheelie
afield not by porsibility be wired its a Calm
of Justice. The Defendant was proceeded
opiate under the comae* to*. oust OM with.
*tumoral! • legislative easement, the ottrace at
esueseau law remains the same. Ti.. *MAW -of
proceeding remains open to the party. Unless
the gestate takes sway the penal eassespwritme
of the sad abets the iassore :she
.offence itself. Sopposiog the, statute of. Wil-
liam applicable to the present ease. yet that
statute did Not sake sway tits remedy at cisininote
law. Pint the Lesratd Judos. went inlet
some observations on the stighttit, of Eliseb esh. mitt
of Edwina VI. alluded to by Mr. Dimmed', .the
wads of which he said were mot accurately stated 4
The gemend eouclosiovi On be drawn woo, shatimatee
supreme words thew that it was net the ititreiMar of
the Legislature to retain the ductrisei et thrisews.
mew law, • the settled issionipie was, *me
made of proceeding manned by the ne41614•16. :NS
might still be permed; The statute of • %Vieth%)
did set alter the astute of the °tents us jt. sheet at
cosemos Ise. -What were dm ohiress sf that sou-
tuts sit what *lse was it passed was paned
aawswiliately after thb Rreolanise. That rissite
wei Work! ni mumultoletatiass ; Ibhe his who*?
To Chtintiena of witiolst alas roloareitarod so trio.
ifia, •• es 0.1.06, and: sap dirseusett *out; the
• ellaweiPs-ihr • *pi maw ailisili,l64l4-
fairsi, mods *ma ..paitosi iiimishAnst sat *wanly
galas ipso masted • Ajar quits tit tat
bet to defame and ridicule the Cheistirs 106044.-

the mew against whose drew this statute wee
,teeettrd, end he was new proliered, if their Lord.
Amps eaterhined Isis window. to prove, by alidevitn,
that the Driondaat had bees educated in the
Chortlee religion, and therefore be caste within the
*ovations of thisatetate. He wrs well aware that
*lit were many eases in Abe hooka which matt,
mow; that preserothens pliable sort Alai& be the&
/Sated at aonswee Mnt. Our
agstelize4:64.th,,,
Slim el TOOl4 iaorbitli Leed • •
ammidissia
jaimilistnik* !Oaths tektent . fa. idaldt
siAs dos that *me
inrsv-airibsst the Wince q and

.~.., ~,

I

f

~;

---- ------

~ is

• . ~
The statute of Wil!ism, whether it should be cons attack on the Holy Seel three—a aerial attack est i people of 1116 ectintry He hoped the the judg,,.
• mottled taglet'sar w rinse; did not - certainly rosiest thy awshority of . ideleilltgiitibilf Issilmitt of she ersert. Would. lerfailia'Aslteteetifilsielit
to initrod toteratinsv:ho the blasphemers of The S try. It would, he believed; disgust, theft with. the wive• downing's° tialiiliVesfillhail *fitted
Christian religiori, but was impeded to prevent every of who heard . lam, were he •to call at whirls the sefensfeetehadillepeavred. trOsit'atwaild wish
'sleet-disposed persons'. from unsettling the moods i tentlen of the Court to the pessoges eresteina i .to subvert. This laws. of the rodittmeiisflteted no
tel others on points of morale and of relig• . the pnliliention in question. He would tit punishment on retieinits Opinions—they ornmeed no
'sits words of that Act could countenance near 0 i "mire the ferlinga of the Court. One passage, mete 'finicky or feith--they interfered with nit kind of
• esinetroction—no words of that Act could he strain- . rser, Slimmed up the object of the pithttenitra ; -worship which any mon mitht think Rs to followy
sal to protect the mien libellers of the colabh.lied re- thero it ii pin forth that the Holy Seripturee He may entertain hip of •• 4. rio Miller what the
baton of the errantry—the law says, where yon sir. • are blot a ti-one of folly, falsehood, and blase, may be—marl so 10w.... as hr comfit's,* them n.111.141%1,11
ht,„„,ipdt,,,, chrimi„„itv, yon may soberly and deco. ' !dimly. Snell was the andecintis and inspioni, loess'. lie sterol% harmless and iinasmiled. Ilitt
r 055.1.7 disco.s the meaning of points and pircnira I menage of this wicked book. Would any one the offro,, or she Defendant was of a very differed
ef S'erissitire; hot deny Christianity, say it is false say dial this wea the f sir dismission of religinasi kind ; hr slid not merely entertain, sir even pro-
in, oet Mammis, awl yea pot yossurrif not of the pale I,,Mcs ? Wnrilsl any 011, say that laiirritage like . fess opinions emitter! to the reiigi (((( of the State,
a Protection. After his Lordship concluded, dos should he permitted illa cottony where oily, but lie openly traduce) that religion—he pro-
Ale I taus, tit Togo and said, that In slid not refer ven‘e of deeerey or religien remained ? lie would ;seceded to that extent that might destroy the
to 1511. ...nibs of the statute to misrepresent them— Ibe the last realm to call nit their Lon-I.hips to de. I foundation on which it rested. lf, tieforie.
he ...mita have no intention to misrepreved them— part I, son tilt. os'ild, the temperer. wisl the merem- stately for himself or foe others, he suet...rib-a
he tame the words as he found them in Hawkins. fill course which ever marked Vielr proceeding% but in any instance to impede the faith. Nall to de-
Mr, Jai-tire Itese sai,l, th;it of comae the Learned if the i,-tip:ioo of the State and the morals of the .troy the religions consolations of any iisslieitinal
Gentleman could have nu intention to misrepre- I people were to he protected, then this work should before a minims' higher far than any winch in this
he put down. What might have been the Marta'l world he could ter brought to, he hail rsisich to
rent.
Th. nintinn was refused. of the Defendant were best known to himself ; but answer for. The low of this emote. require dime
I'ne CRIS? Just ice then read the proceedings
he (the A ttornrysGenrral) could Hot help thinking who administer it to protect the 'people from sissy
•
or tr.e ispei,„,l trial id' Caellle. but whenilied from that his ohject, pith sillier., who sin doubt were en- I attempt to disseminate principles such as were ens,-
ermiiiiic the ohjeesi 111 l able passages, the Judges hay- I gaged wills hint, was to overturn the relights' of . missed iss the work the Defendant pithliehed—that
ioe tress the tefornintion. jthe country ; perhaps they had oherior objects ; but i work was tint his own, it will first pllbllshed 14 cost.
Ass nffi.lneis was then put in from W. B. Gurney, there was certately another object which the . enterable time age, and for the honour of
etsere.isesel, wraps,. eating, that Recording to the Defendant had all along in view, on which . the sanitary be it said, that after having le.
steel moms, of (be Defendant three thousand corers he always acted—the object of immediate profit to 1 gone a foil disctivsnts, it met with ass entire
of The iige../. fleasim had hems sold, at the price himself. The affidavit w!eich hind been rend to . and slia"lute condemontinn. It was properly
of helies.gailwa rash, since the month of December the Court stated. that, by his owe declaration. the stated by the Atternee.General, thirst a hook
I so. • Defrridant sold 3,000 copies of The Age of Ilea. containing a foie and calm description of religious
The Ceres' JUSTICE then 'eked whether the De. sot for lialf.a.guilsea rad). since the mouth of opinions, not presuming to attack the fs 1111 l da.
f.....1n0t kat any Hums to urge in mitigations of I)ccember last. The Deletelost asserted, that lion of the Christian faith. might he wilt-
powwhiwrtir. as to the price of the publication, there was a . flailed without the fear of punishment, but works
The , Defendant said, that as to mitigation of mistake in the affidavit ; hut he would remind f Ike the present, which had no object bill so defame
eiressloneet lus.hasl little to say ; but aa to why lie the Defendant, that in his eddies* to the J nry. I Chris'immy itself,orre mound could urn ise tolemteit
sseellsrliol he punished et all he had much to my. in order to do away with the ides. that the Its Courts of Justice there were some principles
tt, then went an to read • (nog address, in which lower orders of the people were likely to have I which were not to by contested. to a Court of
he relied on the purity of his motives, on the firm the opportunity of rending the Age if Reason, Justice lee divine ori..tio of Christianity wis nut to
conviction he etitertained that in publishing the —that since the month of December. when he lied be questioned—it was it wise rule, sanctioned ht•
works in question he was perforating a benefit to notice that his offence would be brought nude the the ancient law of the land. No main with the fair
she people of this country ;he contended that free consideration of a Court of Justice, Ira sold 3,000 exercise of his reason could take up that mere'
41,5.•11,510.1 alone could elicit truth. He said that eopi• a of the work at the price of half-a-guinea, book an much abused by time Defendant, and cools,
I sooty fonsished mm!' striking instance' of good I which lie, in fact, urged, .that the greatness of the read the tine precepts it contains, without living
men suffering for opieion where they were in the price put the hook out of the reach of the lower struck with their justice, their charity, and tarsi,
nails, and thew persecutor* in the wrong. He f I'hlS,e, of the people; and yet he would intimate , Who without admiration could hear the precept—
elioskrl In the case of Galileo. who was prosecute! 1 that there was a mistake in the affidavit. Ile (the love your neighbour as eonreelf—do unto Others as
for asserting, that the earth want round the son, attorney-Genere!) would Rot conceal the object he I you would h they I ni I 1
wash vso...s. to nitre you--and again,
sad who laisenished several years in prison, until "II in bringing rumord that affidavit. Ile avowed if mot ask forgiveness front heaven, you can indv
even his prementors were forced to admit the that it was to Phew the Court what a profitable I ask it on the terms of forgiving the iiiptrira you have
truth of Isis assertions. History was fell of trade the sale of blasphemy had become. Ile I received from your fellow men. By destrotieg
e sses wis.re men ',offered even the punishment I thought it due to the pnblic and to the Court, to stew the Christian religion you of course destroy all the
. r sheath for publicly mishit •' g religious I from the very acknosledgment of the Defendism destroy, obligations which it imposes—von destroy the sacred
opinions which they s I
incerely believed. and that independent of his wish to propagate the sloe- oblisra '5 of ass sloth—that ohligetion fro, whirs,
that religions persecution was kept up ..yen to the 1 trines of infidelity, and to subvert the established re- the King on the Throne is nest exempt. Tio• Kola
present moment. As to himself, he was not aware ligion. he had also a meaner object, that of profit. expressly swears, that as God should help hint ill
when he published The Age of Reason, that any liaising said this, what more hotline to urge ? Was lie, this life sod herenfter, he would, according to the
lew emeted to punnet or terevent him. lie eon- at that time of day. to call the consideration of the best a his power, preserve the religints of the State.
feeder,, that for the ptirpraell of a fair defence, he Court to the consequences—the afflicting. the fatal The obligation of en owl) is the sanction and the
onv.ll, to h Ise the opportunity afforded of at- coins quelices of thee pernicious publications? foundation set which Court' of Justice rest. l'lse
to Sc' slow the truth of the doctrines They were calculated to persuade the ignorant and Defendant had the fall benefit of the lateral 1111t1
leech lie imblislted—that such was the rule in the weak, that the reiigioa in which they were edu- limiest practice of these Courts. Perhaps, in the
dither sass—whir, thee, in his case, shoals, an med. which was the best protection of their morals, memory or Man. a more !sanest hearing was never
eitesnlst be made to suppress the troth ? There and the source of their happiness, was r false reit- given than lie had • received. Ile was also
was on ernleore to sheer that he published with glop—they were calculated to rob the diotressed heard oo the present eeraimin in the utmost
au roil 61,1±11,11111, and if their Lordships were and tire afflicted of their best consolation—of the extent, Ise *ileum Hutt extent which was at all eon.
not convinced of the contrary. they were hound to I hope of an hereafter—of the hope of a Saviour. sisteist with the estsiblisised rules of the Court.
consider hint innocent. Ile had therefore a right I They were calculated to subvert all orders—to The public tiihmirils resort to the viiimity of au
to eon on them for the restoration of his freedom, leave the community withoot anchor and without oath—how is property protected—how is crime pu-
tle teeth! not consoler the prosecution against Ilion helm. My Lords, said be, you will not expose the nislied, lint through Jurors Hetitig, wit the obligation
es eery favourable to Chrtstianity-..the spirit in community to these mischiefs—yon see, from the of an oath, and by wine-saes sworn to disclose the
ohich it cssiginated was not that of Christian for- conduct of the Defendint this day hefore you, that truth. This practice has been established in Essg-
In...ranee. I low different were the feelings of the instead of urging any thing in mitigat of his lend for ages pest—it was still esituldisheil, and
osset and f1)1 fejt,' Jesus, who said, " that his king- offence—if ally thing could be urged in mitigation would continue lie hoped to the remotest posterity.
float se ei not of this world"—who said, " Put up of HIS offence so font and so injurious—he has bold- But all these protecting principles the Defenslairt
your sword—those who take tip the sword, by the ly avowed his opinion that the doctrines laid down would umferinuse—he would benefit mankind by
a4e.14.41 shall be slain." l'hose precepts were, he in those wicked libels ought to be propagated and destreyiesg the establishments under which they
feared, forgotton by his prosecutors, who displayed encouraged. My Lords, I call upon you now to lived, and by removing those °Wig:inmost which
a spirit not very dissimilar to which in former pass sentence on this Defendant. 1 know you will formed 11. e common bond of their protection. .1
dam had canoed so much mischief. 'lt was not not forget those true Christian and humane grin- The Defendant had swill that he did not act
in England that restrictions should be nut on ciphes which are nourished in the breast of the from bad motives. Courts of Justice must deduce
fair issaitiry—his prosecutors ought to recollect Cone. but I trust you will recollect. that, for the I from their actions the motives of men. 'they coil.
t".it tither countries permitted that discussion— public good. you are bona(' to punish this offence ; side the crime according to the effects which it is
t's..t in France. and in various other countries. sup- and lam sure your Lordships will not forget that likely so produce. The intention of the Delentlaist
pissed to be far niferior to this in point of freedom, the main object is to hotel tip the punishment of clearly was to endeavour to destroy the religions I.l'
lessee discussions were permitted—even under the the Defendant as an example, to deter others, who. the country—that sacred religion which etTordr so
said Government of France, Voltaire and many like him. might be disposed to defame the religion. unany consnlations—which holds nut hope here-
oti,or distinguished writers were allowed to publish to corrupt the morals, and to outrage the laws of after. and forgiveness of sins. The objects of
their opinions on the very question for which the country. punishment were not only to reform the offend_
he was new dragged before timber of the Court. He After the Attorney-General sat down. the De- in; inditsidnal, hut to impress cm others the
was not conscious of baying committed easy crime fendant again rose to state. that though the retail necessity of avoiding his example. Front the
—he was convinced that a man holding the opinions price of the Age of Beason was Li/ill-se-guinea—to siffisheir produced and read, it appeared that
that Ise did. might be a loyal subject—an insoffen- the trade it was sold considerably under that snot. the profits striving from the aisle of The Age of Rea-
.i.e and a useful citizen—why then should he be Mr. GURNEY next rose to address the Court.— sort were considerable. There was sin affidavit to
',welshed ? If he bed been guilty of any breach of The speech of the Defendant was less intended fdr the contrary produced by the Defendant. It was
morals, if guilty of any crime against the peace. the Court than for the information of others outside stated, that even since December lest no less than
the prop-riy, sir the rights of his fellOW-subjects. its walls-if any one could be found who would 3,000 copies were sold—the !nice we 61, each—
Ise would feel that he had done wrong—had he dare to publish what he had stated. He (Mr. some. however. probably meter that sum. Here.
usifortieneielv iii a moment of passion taken Gurney) would notice one observation which fell then, it would appear that the Defendant ucted
Rosy the 6r, of his neighbour, he would how from the Defendant—he had Paid that rind- from sordid, as well as guilty motives. His,
with reverence to the first sentence of the law plea similar to those contained in the works he conduct, on the whole, admitted of no excitool
—hut where he committed no crime, soot merely published were allowed in France—that Vol- he laboured hard to disseminate the doctrines of its.
attempted to promote what he considered was for mire and other writers were permitted to pub- fidelity ; but by him works of a different descripe
the good of the world and tended to the ad- lish works containing doctrines similar to those tion, these of Addison and of Jennyme were nes
rencesueoe of truth, he felt it was harsh and of 6' Tine Age of Beason." These publication', glected. It MIS yet to be hoped that lie would he
unjust to punish hint. He therefore hoped were ullowed, and what consequences followed ? taught by them to revere and follow that faith, ,
their Lordship, would release him from further Were not these foul and destructive opinions found which he had so flinch aspersed. Taking all the
eardieernent. In the course of his speech, the De- afterwards written in characters of blood ? Did matters into consideration. the sentence of the
felidant observed on the affidavit of Ale. Gurney. not the fall of morals, of religion, of government, Court for the first offence, the publication of
use short-hand writer. Ile said that tine affidavit, follow ? and were similar publications to he emelt]. Paine's Age of Reason, was, that the l)efendslit
as in the number sold (three thousand copies) raged in this country, until they produce similar should pay a fine to the King of 1,0091. and
wss correct—lint as to the price of the work. the effects? The Defendant, far front being impress- he confined in the gaol of Dorchester for
affidavit was incorrect. The object of putting in ed with a sense of guilt or shame. boldly de- the term of two years—end fur the second
that affidavit, no doubt was, to sliew that he (the I minds to he restored to liberty. Ile should, it offence, namely, for the publication of Palmer's
I),...fendant) made money of the publication. He ceive •no punishment, becanse, in his Principfes of Nature, lie be imprisoned in the
I seems, re
WM never said that for each of the copies sold, be opinion, crime is no crime. There is no mi. same gaol for the term of one year, pay a
bad received lialf.a.gnines—that indeed wins the mind in the country, or what description .never, I fine of .50131. to the King. and to give secnnties
retail price of the book, but sold to the trade, it that was trot equally entitled to take the same to keep the peace and hesif good behaviour for the
luasaelst considerably less. ground.. Any criminal. indeed, who, after hosing I term of his life. himself in 1,000/. and two securi-
( IVe have giveu but a slight sketch of the address committed an enormous crime, would have the ties in 100 e, each.
•. of the Deleisslant—there were many passages of it audacity to say that he ought to be dismiss. Immediately after sentence was passed. the De-
which we shoold be snrry to publish—there were ed unpunished and unreproved, because in his (indent was taken in custudy out of Court.
'limey expressions in it which, in common with all ryes crime had lost its deformity, and appeared no
THE MANCHESTER YEOMANRY.
present, we beard with disgust and pain—the De- longer offensive. But the Court would not listen
frulant was interrupted more than once by the to so contemptible an excuse; the Defendant war Mr. I)Eramein rose to move for • rule to skew
Beech. who seemed justly indignant at many titltis convicted by a Jury of his country, and Whilst he cause why a criminal information should not be
of Iris address—after the Defeudant concluded)— was visited with the puisishmetst due to his crime, granted against J. A. Borron, a Magistrate of Ware
nu ton. for refs/big to take informations of a per.
• The ATTORNEY GENERAL rose.—lt was kit- it would convince °there. Aar if they *hoot(' dare to
possible, he said. for him, or indeed fur any Maw meet with the severest son of the name of Richardsou. and Ms depositions
- Manchester yet).
person, to say any thing that could lacer** hold*
minds of their Lordohips,and of every one esipitimos. fie .sic
of August
a-A with the Delendsust's conduct, the feelatosifise• said, he moved on
dispassion. he *snake mid, of horror. which thall'aii- the law *Out.. It
elect must hare eat ltd. The offestetitej which Che son at NIL Richard-
Defends& tintsiseailgoi Ity. consisted elsiiillseelld- August he sows. going
dansoneed to sliatelitain fest and calm elisamiiiiree 4ater, snit wee sot by one
-- 1111101istillesse upouttund IMMO who cut his aims the
sett slated, s ha, wessitob es! nes . .

Ave of mligi
—rum
ow&

repeat his offence, they would meet with the severest ion of the name of memos-moo. 111111
punishment of the law, - ) of other persons, against one of the
Mr. Justice BAY LEY then proceeded to Wee.' Ml* for cut ung sad maiming on thi
nounce judgment. It was he said his paioftil tail- het. The Learned Gentleman on
to pass sentence on the Defendant for rest o' ' the affidavit of Mr. Promo. the
of which a Jury of his country had rotting titt'n I Ilts complaint of R scherdson 1
golfey. These offences cen.issed gpf: feel I. son stated. that on the 16th of Asp
Milil4 of the Christipii‘fe=n—nallo *id • ioneSeeketooomest,ldonchosterot
witted attempts tn ifigiii,lll gis of the yesomary cavalry, who col
'Av.; o slti li gall /4 " end seed el.:,