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 -casinos
• 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 of 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 c41106('
put his private intention in opposition to his actedit
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
Ifioni 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 practice 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 case 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 was impossible for 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 libel. •
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 liuther, 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 oar 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, which hash made your H,
give us as a spoil unto robbers, vie. your come'
arquestrators, excisemen, and pursuivatn.,
eg The parties, then, if they find 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 scot;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.fe rjes„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 41st Psalm,
part."—This was precisely a similar ca,e
own : it was a parent), on a part a :he ct,
Prayer—it was directed also against supposed 4%,
in the Commons House of Parliamem and
branches of the state, and it was also
circulate among the common people, and to ~,
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 Clh
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, ;itt-,ate ,
HaZlerig, and•Haalerig 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 darkness appeared 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 the 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 the Church of England, 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 stiffer m•r-
-4 such a production to be read. The defendant b.il
Already &hewn a very bad judgment as to what WA'.

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