« AnteriorContinuar »
fer on him the privilege of a mi. fications of the clergy with those of nister of the gospel; and qualifies dissenting ministers? Is the chahim for that office just as effectually racter of one ignorant man to be as the bands of a lord bishop! His held up as characteristic of the bocall to the ministry depends on those dy 'of dissenters, or as a reason for who have the right according to violating the Toleration Act? If reason and scriprure to choose their so, what measures do the numerous own teacher, and who are the only ignorant and vicious characters, and judges of his qualifications. Does the multitude of pluralists and nonthe licensed teacher set at defiance residents in the established church the law of the land ? No: he leaves demand ! Must not such a church, that to the regular clergy, the major if the principle of reasoning laid part of which had for a long course down by ihe author be just, be a of years completely set at defiance public nuisance ? - He adds-"have one of the most important" laws of such men," that is the dissenters the land,” that requiring residence who have justly represented Lord on their livings. Nor does the li- Sidmouth's bill as of a persecuting cence afford to the man who follow's tendency,-" Have such men no any worldly business, any exempo anticipation of a day of judgments tion from “ serving or finding a sub- when all hearts will be opened and stitute in the militia." The Wes- all secrets kpown!” That this wri. leyan methodists who are supposed ter after having published to the to be particularly levelled al in the world such a farrago of misrepreabove quotation, have endeavoured sentation, malignity and falsehood, to guard against any occasional should venture to mention “ the day abuse of the Toleration act, by re- of judgment," is a melancholy proof solving that any of their members of the hardness of his heart, and of detected of applying for a licence that awful state of delusion which for civil purposes merely, shall be is permitted to befall him. If he is expelled their society. Ás to the not an infidel in disguise, as too charge of “ jesuitism," or using de- many established priests have been, ceit as a cloak, let this foul-mouthed wirness those of France in particu. libeller know, that the proceedings lar;-if he really believes that the of the various bodies of dissenters in awful day is approaching in which their late noble resistance to into all hearts will be opened, and every lerance, were openly published to one shall be judged according to their the world. This thing was not done works, let him read the following in a corner. For promf we refer to portions of sacred writ, and tremble: their various Resolutions.
-Whoso slandereth his neighbour The Annotator alluding to the him will I cut off. ... Revilers canlate glorious and successful strug- not inherit the kingdom of God. ... gle to preserve the Toleration Act, All liars shall have their part in the mentions the instance brought for lake which burneth with fire and brim. ward by Lord Sidmouth, of a man stone! His own wretched pamphapplying for a licence who could let must afford him such a comment neither write nor read, and then de- 'on these words, as we hope will mands---“ Is it for the preservation strike him with remorse, and repenof such a priesthood that the Pro- tance, and produce reformation. testant Dissenters hold meetings to The pamphlet we have thus no. protest against the grievous infringe- ticed is anonymous, which circumment of the Toleration ?" Why will stance we are willing to hope indi. this very weak priest be perpetually cates that the author has not lost forcing a comparison of the quali. all sense of shame. We however
think it right to inform the public, tic sufferer, Mr. Drukard of Stamthat it is generally attributed to one ford) so far as fully to indemnify Hook, a doctor of divinity, whose them for the heavy expences incur. name stands in the list of chaplains red in defending themselves, and to the Prince Regent. Where the during their long imprisonment. The doctor stateully resides or what pre- revived doctrine of “ truth being a ferment he holds, we know not, but libel," is here brought forth into we find he has beeii, for several practice. Mr. F. having moved for months past, casting about his fire. a rule for putting off his trial, on brands, arrows, and death, at Ilfra. account of his not being able to combe, in Devonshire. It is right procure in time some material wit. that the Prince Regent should have nesses to prove the truth of his char. a copy of this pamphlet laid before ges brought against Lord Castle. him, and we shall deem it our duty reagh; the lord chief justice of the to endeavour that his royal highness court of King's bench as a reason shall be made acquainted with the for refusing the rule stated as fol. opinions of one of his chaplains, lows :and which no one can hold in grea. “ Lord ELLENBOROUGH. What, are ter abhorrence, than the prince, wlio
we at this time of day to dispute about on the subject of Toleration, Relion the subiect of Toleration Reli truih being a justification of a libel?
The libel is independent of facts. A cagious liberty, and the universal in- ;
lumnious intention may be evident, instruction of the children of the low.
dependently of facts. You admit that er classes, has uniformly expressed the defendant charged Lord Castlereagh opinions the most liberal and en- with abusing the powers of his high of. lightened.
fice for the gratification of his private
malice. That requires no facts, and Case of Peter Finnerty, including a
therefore no witnesses to the facts, for
nothing can be more calumnious! Why full Report of all the proceedings which took place in the Court of we should not allow to be examined.” King's Bench upon the subject ; The rule was accordingly refused, and of which but an imperfect sketch and in consequence Mr. Finnerty, has appeared in the newspapers, after having aitended at the crown with Notes and a preface compre- office to see the jury struck, and inhending an Essay upon the law of quired about those whose names Libel, and some Remarks on Mr. were upon the list, thought proper Finnerty's case ; to which is an- to decline going to trial and let judg. nexed an abstract of the case of ment go by default. Colonel Draper, upon which pre- The proceedings in the court of cedent Mr. Finnerty professed to King's Bench when the defendant act. 58. Jones.
was brought up for judgment, are Imperfect as was the sketch of uncommonly interesting: although Mr. Finnerty's trial inserted in the not permitted to prove the truth of newspapers, and in various periodi. the facts on trial, Mr. F. supposed cal publications, there was sufficient he might prove them by affidavits of evidence of the importance of the various respectable persons, in micase, and of the spirit and intrepi- tigation of punishment. Much al. dity of the defendant: the whole of tercation ensued, and many interthis pamphlet, of which the title ruptions were given to Mr. F. who, may be considered as a table of con- however, to the last firmly protested tents, is yery interesting, and we his own innocence, and affirmed the most sincerely hope that the public truth of the charges brought against will espouse the cause of Mr. Fin- Lord Castlereagh. One quotation perty, (as well as of another patrio. will shew to whai a dilemma public
writers are reduced who may at any noble lord will have the means, not ontime dare to attack wickedness in ly of vir:dicating his own character, but high places.
of exbibiting bis accusers to universal * In consequence of your lordship's
his , infamy. Di, then, in justice to Castlediclum, that truth was no justification
reagh, as well as in justice to me, allow of a libel, and that therefore I should
these affidavits to be read. I have not be allowed to prove the truth of my
shown you, that if they are false, they letter, I let judgment go by default : I
can produce no evil but to those with did so, because I understood that on
whom they originate; and if they are being brought up for judgment, I might
true, I ask you, in the name of all that produce the truth in mitigation. This,
is sacred, how can you reconcile it to was no idle fancy of my owo ; it was
your conscience to send me to a jail built upon your precedents and prac
for uttering the truth against such a man? tice. Since your law was against me,
Will you hear my affidavits ? I have deferred to it; but nothing on
“ Court. No, not if they are of the earth shall induce me to make any sub
same nature as those which you have mission to Lord Castlereaglı. No, no,
offered. They cannot plead in mitiga
tion. iny lords, remenbér your own words in the case of Junes: You have thought
“ Mr. Finnerty. Accordivg to that fit to charge his lorship with acting in
remark, I am curious to know what that high office from motives of personal
your lordships mean by mitigation. I ill-will towards a private individual,
have always heard, as I have already and with having made use of his autho
repeatedly said, that to prove the truth rity und influence, as secretary of state,
of a libel was the mode of producing to harrass and oppress such individual,
mitigation. I have understood that your in such a way, as, if true, would not
2 lordships were not disposed to inflict only render him unfit !o fill that high
on the same punishment upon the writer stution in which he had been placed, but ol truth as upon the writer of falsehood: would prove him so base an individual, upon me
o boce on individ upon the censor of a bad as upon the that no gentleman could associate with
censor of a good character; your lordhim.'—This was the language of your
"ships have uniformly allowed such evilordship, addressed to Mr. Jones, when
dence as I tender, to be admissible. pronouncing sentence upon him for a
The doctrine, indeed, of the greater libel upon Lord Castlereagh, in conse- . :
the truth the greater the libel,' should quence of my letter. Now I am ready
impel you to admit evidence to the to prove that Castlereagh does deserve
truth, in order that you should not puthe description, which your lordship
nish truth and falsehood alike. 'Howcharges me with applying to him, of
ever monstrous this conclusion may being the basest of individuals. And
seein, it arises, as it has been well obwill you then punnish me for censuring
served, out of the preposterous nature the conduct of such a man?
of this law. But I believe that this is “ The Court.-We cannot hear this.
not the law which, in its general latiYou may now utter fresh libels against
tude, you are in the habit of acting upLord Castlereagh, which he can have
on. I believe, that notwithstanding
the doctrine of Coke, which made no no opportunity of rebutting. " Mr. Finnerty. I thought I had
distinction between the truth or falsefully obviated this objection about fresh
bood of a libel, or between the good libels. But, in fact, Lord Castlereagh
and bad character of the party libelled, has an opportunity of rebutting niy
a distinction upon either of these points • fresh libels,' as you term them; for
would have its due influence upon your he can, as was done in Draper's case,
lordships' minds. In order, therefore, put in counter affidavits, if in his power
to ascertain whether any, and what is to produce them. Nay, more; he
the degree of distinction as to truth and will, by the admission of my affidavits,
character which exists in this case, I be afforded the opportunity, not only
call upon your lordships to hear my afof repelling the charges cantained in
fidavits." these affidavits, but of punishing for Alost of the affidavits offered to perjury those by, whom the charges are be read were rejected; but in the made, if such charges are unfounded. extracts, such scenes of horror dis. Thus, if you receive my affidavits, the played in Ireland are presented to
the public, that the actors in them, the County of Down, in which the fol and their defenders or apologists, if lowing expressions are made use of: they have one particle of modesty
We are embarked in a much more
interesting and glorious cause than our remaining will not dare to utter a
success as individuals--we are called syllable about French enormities!
forth as instruments in your hands to Some of our readers may not emancipate the country. know, that the plaintiff, in this (Signed) “ EDWARD WARD. cause, Lord Castlereagh, was once
« ROBERT STEWART." a reformer; the following curious. Lord Castlereagh however, soun document is inserted in proof of a afterwards got a place, and has fact so extraordinary
taken due care ever since, not to be « From the Belfast News-letter, dependant on one set of men alone,
June 4, 1790 (No. 5502.)" - but, to use his lordships' own lan« We are desired and authorized to guage, to have two strings to his bow. inform the public, through the medium We need scarcely add.. that the of this paper, that at the commence
whole political life of the noble ment of the election for the county of Down, on Saturday last, the following
lord ever since has afforded a striking Test (which, with the signatures of the commentary on his TEST, and most hon. Edward Ward and the hon. Ro- forcibly proves the absolute necesbert Stewart, now Lord CaSTLER EACH sity of what his lordship once prois left at this office) was proposed by a mised to use all his abilities and very respectable gentleman to three of influence to promote--A bill for athe candidates : that the Hon. Edward
mending the representation of the Ward and the Hon. Robert Stewart " signed the same as underneath, and people. that Lord Hillsborough refused it :- .
The sensible, well written preface "We will rigidly attend our duty in to this pamphlet contains various parliament, and be governed by the in- observations on the law of libels, and structions of our constituents : we will, ou the conduct of counsel, judges, in and out of the house, with all our and juries. The following extract abilities and influence, promote the suc- we earnestly wish may be impressed cess of A Bill for amending the repre- on the mind and on the heart of sentation of the people :
"A Bill for preventing pensioners every juryman who may be called from sitting in parliament, or such place to the important duty of determining men as cannot sit in the British house in case of libel. of Commons;
“Really, the situation of a jury of "A Bill for limiting the number of conscientious mea in a case of libel applacemen and pensioners, and the a- pears peculiarly perilous. They are mount of pensions ;
called upon their oaths to decide, with "A Bill for preventing revenue offi- out being allowed to inquire. It has cers from voting at or interfering at often struck me with astonishment, that elections ;
juries have not expressed to the bench • A Bill for rendering the servants of their incapacity to decide, unless althe crown of Ireland responsible for the lowed to hear evidence as to the truth expenditure of the public money; of the production laid before them, and
A Bill to protect the personal safe still more the backwardness of jurors to ty of the subject against arbitrary and interrogate witnesses as to the truth or excessive bail, and against the stretch- falsehood of libels. Were I on a jury mg of the power of attachment beyond I should certainly feel it my duty to the limits of the constitution; and we be assured of the truth of the libel, and will, as far as in us lies, prevent any particularly when a libel depended upon renewal of the Police Act.
facts alleged. If prevented from put(Signed "EDWARD WARD, ting questions to that effect I would re
ROBERT STEWART.” turn a special verdict, or acquit. I “ In the News-letter of same date is would presume innocence where guilt was an advertisement --To the Electors of not proced. For it is an old marim,
that where there is any doubt, the jury as within our province, yet, when should incline, to mercy. But I need they are connected with the subject not pursue this topic farther than to of civil and religious liberty, they refer to the tract of Sir John Hawles, on the rights and duties of jurors, which
not unfrequently are of considerable has been recently published: and its importance, as affecting the general publication at a rate so cheap, as to be interests of the community. The placed within the reach of every man controversy which has taken place in the community, is among the many between Mr. Fuller, and Mr. As. services rendered by this distinguished pland, is not to be considered as author to the cause of liberty and justice. This tract is in fact of such a
applying merely to the disputes of nature, that it is the interest of every
the Dissenters at the village of man in the empire to read it; and it is Sohain, in Cambridgeshire, but as peculiarly the duty of every man liable relating to the grand subject of reto serve on juries to read it with marked ligious liberty, and involving in it attention. If juries will not study their the important questions-Whether duties, and assert their rights if they any man onoht to will be contented merely to echo the hi
his theological opinions, and wheopimion, to register the will of the judge, instead of consulting their own judg
ther Protestant Dissenters more par. ment, and deciding for themselves, as ticularly, ought not to be most they are bound by their oaths, their of- anxiously careful to avoid the prin. fice becomes superfluous and unnecssa- ciples and practices of persons they ry. Sir Matthew Hale says, that' of a uniformly profess to reprobate-of judge's opinion must rule the verdict, persecutors in matters
the verdict, persecutors in matters of religion. the trial by jury would be useless, In
The origin of this dispute appears fact, the juror who returns a verdict, of the justice of which he is not fully
to have been the conduct of certain assured, is PERJURED, in foro -consci
members of the church and congreentiæ .!"
gation at Soham, in consequence of
the alteration of sentiments of their A Narrative of Facts, relative to a pastor, Mr. Gisburne, who had
late occurrence in the County of left his Calvanistic or Arminian Cambridge, in answer to a State. principles, (Mr. Fuller seems to have ment contained in an Unitarian Prbe bad his doubts which, for those of the lication, called the Monthly Repo
Unitarians. The statement which sitory. By Andrew Fuller. But..
was first given in the Monthly Repoton fc. p. 24. 12mo. 6d.
sitory, (a theological publication we
remark by the bye, which practices Biõotry and Intolerance defeated : as well as professes, that very scarce
Or an Account of the late Prose virtue impartiality, in the selection cution of Mr. John Gisburne, Uni- of its articles)--the statement which tarian Minaster of Soham. Cam. has drawn forth Mr. Fuller's animbridgeshire: With an Exposure and adversions, is quoted by him as Correction of the Defects and Mis follows:
" takes of Mr. Andrew Fuller's Nar
The Calvinists after leaving Mr.
Gisburne on account of his unitarian rative of that affair : In Letters
preaching, returned in a body, resolved, to John Christie, Esq. Treasurer as they said, to cast him out by fair of the Unitariun Fund. By Robert means if they could, if not by foul. Aspland, Minister of the Gravel. For the sake of preserving a right to Pit Congregation, Hackney. P. vote in the affairs of the society, they 69 870.9 60. 'Loluson and Ce accepted the Lord's supper at the hands Eaton, &c.
of Mr. Gisburne.- On several Sundays
they raised a tumult in the meetingAlthough we do not deem the
house, till the town's-people interfered. notice of theological opinions in - Books of controversy were brought to themselves abstractedly considered, the place, and read out in time of wor