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TOLERATION. (EDINBURGH REVIEW, 1811.) Hints on Toleration, in Five Essays, &c. suggested for the Consideration of Lord Viscount Sidmouth, and the Dissenters. By Philagatharches. London. 1810.

The vital and essential part of a school is the master; but, at a public school, no boy, or, at the best, only a very few, can see enough of him to derive any Ir a prudent man sees a child playing with a porce. considerable benefit from his character, manners, and lain cup of great value, he takes the vessel out of his information. It is certainly of eminent use, particu- hand, pats him on the head, tells him his mamma will larly to a young man of rank, that he should have be sorry if it is broken, and gently cheats him into the lived among boys; but it is only so when they are all use of some less precious substitute. Why will Lord moderately watched by some superior understanding. Sidmouth meddle with the Toleration Act, when there The morality of boys is generally very imperfect; are so many other subjects in which his abilities might their notions of honour extremely mistaken; and their be so eminently useful when enclosure bills are drawn objects of ambition frequently very absurd. The pro- up with such scandalous negligence-turnpike roads so bability then is, that the kind of discipline they exer- shamefully neglected-and public conveyances illigiti cise over each other will produce (when left to itself) mately loaded in the face of day, and in defiance of the a great deal of mischief; and yet this is the discip-wisest legislative provisions? We confess our trepiline to which every child at a public school is not only dation at seeing the Toleration Act in the hands of necessarily exposed, but principally confined. Our Lord Sidmouth; and should be very glad if it were objection (we again repeat) is not to the interference fairly back in the statute book, and the sedulity of this of boys in the formation of the character of boys; well-meaning nobleman diverted into another channel. their character, we are persuaded, will be very imperfectly formed without their assistance; but our objection is to that almost exclusive agency which they exercise in public schools.

After having said so much in opposition to the general prejudice in favour of public schools, we may be expected to state what species of school we think preferable to them; for if public schools, with all their disadvantagas, are the best that can actually be found, or easily attained, the objections to them are certainly made to very little purpose.

We have no hesitation, however, in saying, that that education seems to us to be the best which mingles a domestic with a school life; and which gives to a youth the advantage which is to be derived from the learning of a master, and the emulation which results from the society of other boys, together with the affectionate vigilance which he must experience in the house of his parents. But where this species of education, from peculiarity of circumstances or situation, is not attainable, we are disposed to think a society of twenty or thirty boys, under the guidance of a learned man, and, above all, of a man of good sense, to be a seminary the best adapted for the education of youth. The numbers are sufficient to excite a considerable degree of emulation, to give to a boy some insight into the diversities of the human character, and to subject him to the observation and control of his superiors. It by no means follows, that a judicious man should always interfere with his authority and advice because he has always the means; ne may connive at many things which he cannot approve, and suffer some little failures to proceed to a certain extent, which, if indulged in wider limits, would be attended with irretrievable mischief; he will be aware, that his object is to fit his pupil for the world; that constant control is a very bad preparation for complete emancipation from all control; that it is not bad policy to expose a young man, under the eye of superior wisdom, to some of those dangers which will assail him hereafter in greater number, and in greater strength-when he has only his own resources to depend upon. A private education, conducted upon these principles, is not calculated to gratify quickly the vanity of a parent who is blest with a child of strong character and pre-eminent abilities; to be the first scholar of an obscure master, at an obscure place, is no very splendid distinction; nor does it afford that opportunity, of which so many parents are desirous, of forming great connections for their children: but if the object be, to induce the young to love knowledge and virtue, we are inclined to suspect, that, for the average of human talents and characters, these are the situations in which such tastes will be the most effectually formed.

The alarm and suspicion of the Dissenters upon these measures are wise and rational. They are right to consider the Toleration Act as their palladium; and they may be certain that in this country there is always a strong party ready, not only to prevent the further extension of tolerant principles, but to abridge (if they dared) their present operation within the narrowest limits. Whoever makes this attempt, will be sure to make it under professions of the most earnest regard for mildness and toleration, and with the strongest declarations of respect for King William, the Revolu tion, and the principles which seated the House of Brunswick on the throne of these realms; and then will follow the clauses for whipping Dissenters, imprisoning preachers, and subjecting them to rigid qualifications, &c. &c. &c. The infringement on the militia acts is a mere pretence. The real object is to diminish the number of Dissenters from the Church of England, by abridging the liberties and privileges they now possess. This is the project which we shall examine, for we sincerely believe it to be the project in agitation. The mode in which it is proposed to attack the Dissenters is, first, by exacting greater qualifica tions in their teachers; next, by preventing the inter change or itinerancy of preachers, and fixing them to one spot.

It can never, we presume, be intended to subject dissenting ministers to any kind of theological examination. A teacher examined in doctrinal opinions, by another teacher who differs from him, is so very absurd a project, that we entirely acquit Lord Sidmouth of any intention of this sort. We rather presume his lordship to mean, that a man who professes to teach his fellow creatures, should at least have made some progress in human learning; that he should not be wholly without education; that he should be able at least to read and write. If the test is of this very ordinary nature, it can scarcely exclude many teachers of religion; and it was hardly worth while, for the very insignificant diminution of numbers which this must occasion to the dissenting clergy, to have raised all the alarm which this attack upon the Toleration Act has occasioned.

But without any reference to the magnitude of the effects, is the principle right? or, What is the meaning of religious toleration? That a man should hold, without pain or penalty, any religious opinions-and choose for his instruction, in the business of salvation, any guide whom he pleases; care being taken that the teacher and the doctrine injure neither the policy nor the morals of the country. We maintain that perfect religious toleration applies as much to the teacher as to the thing taught; and that it is quite as intolerant to make a man hear Thomas, who wants to hear John, as it would be to make a man profess Arminian, who wished to profess Calvinistical principles. What right has any government to dictate to any man who shall guide him to heaven, any more than it has to persecute the religious tenets by which he hopes to arrive there? You believe that the heretic professes doctrines utterly incompatible with the true spirit of the gospel; first you burnt him for this-then you whipped him-then

you fined him-then you put him in prison. All this did no good; and for these hundred years last past, you have let him alone. The heresy is now firmly protected by law; and you know is must be preached: What matters it then, who preaches it? If the evil must be communicated, the organ and instrument through which it is communicated cannot be of much consequence. It is true, this kind of persecution against persons, has not been quite so much tried as the other against doctrines; but the folly and inexpediency of it rest precisely upon the same grounds.

Would it not be a singular thing if the friends of the Church of England were to make the most strenuous efforts to render their enemies eloquent and learned? and to found places of education for dissenters? But, if their learning would not be a good, why is their ignorance an evil?-unless it be necessarily supposed, that all increase of learning must bring men over to the Church of England; in which supposition the Scottish and Catholic universities, and the college at Hackney, would hardly acquiesce. Ignorance surely matures and quickens the progress, by insuring the dissolution of absurdity. Rational and learned dissenters remain religious mobs, under some ignorant fanatic of the day, become foolish overmuch-dissolve, and return to the Church. The Unitarian, who reads and writes, gets some sort of discipline, and returns no

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What connection is there (as Lord Sidmouth's plan assumes) between the zeal and piety required for religious instruction, and the common attainments of literature? But if knowledge and education are required for religious instruction, why be content with the common elements of learning? why not require higher attainments in dissenting candidates for orders; and examine them in the languages in which the books of their religion are conveyed?

A dissenting minister, of vulgar aspect and homely appearance, declares that he entered into that holy office because he felt a call; and a clergyman of the Establishment smiles at him for the declaration. But it should be remembered, that no minister of the Establishment is admitted into orders, before he has been expressly interrogated by the bishop whether he feels himself called to that sacred office. The doctrine of calling, or inward feeling, is quite orthodox in the English Church; and, in arguing this subject in parliament, it will hardly be contended, that the Episcopalian only is the judge when that call is genuine, and when it is only imaginary.

The attempt at making the dissenting clergy stationary, and persecuting their circulation, appears to us quite as unjust and inexpedient as the other measure of qualifications. It appears a gross inconsistency to say, 'I admit that what you are doing is legal-but you must not do it thoroughly and effectually. I allow you to propagate your heresy, but I object to all means of propagating it which appear to be useful and effective. If there are any other grounds upon which the circulation of the dissenting clergy is objected to, let these grounds be stated and examined; but to object to their circulation merely because it is the best method of effecting the object which you allow them to effect, does appear to be rather unnatural and inconsistent.

pid preacher popular, and a popular preacher more popular, but can have no possible tendency to prevent the mischief against which it is levelled. It is precisely the old history of persecution against opinions turned into a persecution against persons. The prisons will be filled-the enemies of the Church made enemies of the state also-and the Methodists rendered ten times more actively mad than they are at present. This is the direct and obvious tendency of Lord Sidmouth's plan.

Nothing dies so hard and rallies so often as intole rance. The fires are put out, and no living nostril has scented the nidor of a human creature roasted for faith; then, after this, the prison-doors were got open, and the chains knocked off; and now Lord Sidmouth only begs that men who disagree with him in religious opinions may be deprived of all civil offices, and not be allowed to hear the preachers they like best. Chains and whips, he would not hear of; but these mild gratifications of his bill every orthodox mind is surely entitled to. The hardship would indeed be great if a churchman were deprived of the amusement of putting a dissenting parson in prison. We are convinced Lord Sidmouth is a very amiable and well-intentioned man: his error is not the error of his heart, but of his time, above which few men ever rise. It is the error of some four or five hundred thousand English gentlemen, of decent education and worthy characters, who conscientiously believe that they are punishing, and continuing incapacities, for the good of the state; while they are, in fact (though without knowing it) only gratifying that insolence, hatred, and revenge, which all human beings are unfortunately so ready to feel against those who will not conform to their own sentiments.

But, instead of making the dissenting churches po. pular, why not make the English church more popular, and raise the English clergy to the privileges of the Dissenters? In any parish of England, any layman or clergyman, by paying sixpence, can open a place of worship,-provided it be not the worship of the Church of England. If he wishes to attack the doctrines of the bishop or the incumbent, he is not compelled to ask the consent of any person; but if, by any evil chance, he should be persuaded of the truth of those doctrines, and build a chapel or mount a pulpit to support them, he is instantly put in the spiritual court; for the regular incumbent, who has a legal monopoly of this doctrine, does not suffer any interloper; and without his consent, it is illegal to preach the doc. trines of the church within his precincts. Now this appears to us a great and manifest absurdity, and a disadvantage against the Established Church which very few establishments could bear. The persons who preach and who build chapels, or for whom chapels are built, among the Dissenters, are active cle

It might be supposed that the general interests of the Church would outweigh the particular interests of the rector; ship opened within his parish for the doctrines of the Estaand that any clergyman would be glad to see places of worblished Church. The fact, however, is exactly the reverse. It is scarcely possible to obtain permission from the established clergyman of the parish to open a chapel there; and when it is granted, it is granted upon very hard and interested conditions. The parishes of St. George-of St. James-of It is presumed, in this argument, that the only rea- Mary-le-bone-and of St. Ann's, in London-may, in the pason urged for the prevention of itinerant preachers is, tain, perhaps, one-hundredth part of their Episcopalian inharish churches, chapels of ease, and mercenary chapels, conthe increase of heresy; for if heresy is not increased bitants. Let the rectors, lay and clerical, meet together, and by it, it must be immaterial to the feelings of Lord give notice that any clergyman of the Church of England, Sidmouth, and of the imperial parliament, whether approved by the bishop, may preach there; and we will venMr. Shufflebottom preaches at Bungay, and Mr. Ringle- ture to say that places of worship capable of containing 20,000 tub at Ipswich; or whether an artful vicissitude is persons would be built within ten years. But, in these cases, adopted, and the order of insane predication reversed. the interest of the rector and of the Establishment is not the But, supposing all this new interference to be just, ists of the New Jerusalem, was offered, two or three years A chapel belonging to the Swedenborgians, or Methodwhat good will it do? You find a dissenting preacher, since, in London, to a clergyman of the Establishment. The whom you have prohibited, still continuing to preach, proprietor was tired of his irrational tenants, and wished for or preaching at Ealing when he ought to preach at better doctrine. The rector (since a dignitary) with every Acton his number is taken, and the next morning he possible compliment to the fitness of the person in question, is summoned. Is it believed that this description of positively refused the application; and the church remains in persons can be put down by fine and imprisonment? the hands of the Methodists. No particular blame is intended, His fine is paid for him, and he returns from imprison- by this anecdote, against the individual rector. He acted as many have done before and since; but the incumbent clergyment ten times as much sought after and as popular man ought to possess no such power. It is his interest, but as he was before. This is a receipt for making a stu- not the interest of the Establishment.

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which they will meet the regulations of Lord Sid mouth, we will lay before our readers the sentiments of Philagatharches a stern subacid Dissenter.

'I shall not enter into a comprehensive discussion of the nature of a call to the ministerial office; but deduce my proand non-conformists. It is essential to the nature of a call to position from a sentiment admitted equally by conformists preach "that a man be moved by the Holy Ghost to enter upon

ver persons, with considerable talents for that kind of employment. These talents have, with them, their free and unbounded scope; while in the English Church they are wholly extinguished and destroyed. Till this evil is corrected, the church contends with fearful odds against its opponents. On the one side, any man who can command the attention of a congregation-to whom nature has given the animal and intellectual qualifications of a preacher-such a the work of the ministry:" and if the Spirit of God act powman is the member of every corporation-all impedi-erfully upon his heart to constrain him to appear as a public ments are removed:-there is not a single position in teacher of religion, who shall command him to desist? We Great Britain which he may not take, provided he is have seen that the sanction of the magistrate can give no hostile to the Established Church. In the other case, authority to preach the gospel; and if he were to forbid our if the English Church were to breed up a Massillon or exertions, we must persist in the work: we dare not relinquish a task that God has required us to perform; we cannot keep a Bourdaloue, he finds every place occupied; and eve. our consciences in peace, if our lips are closed in silence, while ry where a regular and respectable clergyman ready the Holy Ghost is moving our hearts to proclaim the tidings of to put him in the spiritual court, if he attracts within salvation: "Yea, woe is unto me," saith St. Paul, "if I preach his precincts, any attention to the doctrines and wor- not the gospel." Thus, when the Jewish priests had taken ship of the Established Church. Peter and John into custody, and after examining them concerning their doctrine, "commanded them not to speak at all, of the cross undauntedly replied, "Whether it be right in the nor to teach in the name of Jesus," these apostolical champions sight of God to hearken unto you more than unto God, judge ye; for we cannot but speak the things which we have seen and heard." Thus, also, in our day, when the Holy Ghost excites a man to preach the gospel to his fellow sinners, his message is sanctioned by an authority which is "far above all principality and power; and consequently, neither needs the approbation of subordinate rulers, nor admits of revocation by their countermanding edicts.

The necessity of having the Bishop's consent would prevent any improper person from preaching. That consent should be withheld, not capriciously, but for good and lawful cause to be assigned.

The profits of an incumbent proceed from fixed or voluntary contributions. The fixed could not be affected; and the voluntary ought to vary according to the exertions of the incumbent and the good will of the parishioners; but, if this is wrong, pecuniary compensation might be made (at the discretion of the ordinary, from the supernumerary to the regular clergyman.* Such a plan, it is true, would make the Church of England more popular in its nature; and it ought to be made more popular, or it will not endure for another half century. There are two methods; the Church must be made more popular or the Dissenters less so. To effect the latter object by force and restriction is unjust and impossible. The only remedy seems to be, to grant to the church the same privileges which are enjoyed by the Dissenters, and to excite in one party, that competition of talent which is of such palpable advantage to the other.

A remedy suggested by some well-wishers to the Church, is the appointment of men to benefices who have talents for advancing the interests of religion; but till each particular patron can be persuaded to care more for the general good of the Church than for the particular good of the person whom he patronizes, little expectation of improvement can be derived from this quarter.

'3dly. He who receives a license should not expect to derive from it a testimony of qualification to preach.

'It would be grossly absurd to seek a testimony of this description from any single individual, even though he were an experienced veteran in the service of Christ; for all are fallible; and under some unfavourable prepossession, even the wisest or the best of men might give an erroneous decision upon the case. But this observation will gain additional force when we suppose the power of judging transferred to the person of the magistrate. We cannot presume that a civil ruler understands as much of theology as a minister of the gospel. His necessary duties prevent him from critically investigating questions upon divinity; and confine his attention to that particular department which society has deputed him to occupy; and hence to expect at his hands a testimony of qualification to preach would be almost as ludicrous as to require an obscure country curate to fill the office of Lord Chancellor.

'But again-admitting that a magistrate who is nominated by the sovereign to issue forth licenses to dissenting ministers, is competent to the task of judging of their natural and acquired abilities, it must still remain a doubtful question whether they are moved to preach by the influences of the Holy Ghost: for it is the prerogative of God alone to "search the heart and try the reins" of the children of men. Consequently, after every effort of the ruling powers to assume to themselves the right of judging whether a man be or be not qualified to preach, the most essential property of the call must remain to be determined by the conscience of the individual.

The competition between the Established clergy, to which this method would give birth, would throw the incumbent in the back-ground only when he was unfit to stand forward, immoral, negligent, or stupid. His income would still remain; and if his influence were 'It is further worthy of observation that the talents of a superseded by a man of better qualities and attain- preacher may be acceptable to many persons, if not to him who ments, the general good of the Establishment would issues the license. The taste of a person thus high in office may be too refined to derive gratification from any but the most be consulted by the change. The beneficed clergyman learned, intelligent, and accomplished preachers. Yet, as the would always come to the contest with great advan- gospel is sent to the poor as well as to the rich, perhaps huntages; and his deficiencies must be very great indeed, dreds of preachers may be highly acceptable, much esteemed, if he lost the esteem of his parishioners. But the con- and eminently useful in their respective circles, who would be test would rarely or ever take place, where the friends despised as men of mean attainments by one whose mind is of the Establishment were not numerous enough for all. well stored with literature, and cultivated by science. From At present, the selfish incumbent, who cannot accom-criterion, in determining what line of conduct to pursue before these remarks I infer, that a man's own judgment must be the modate the fiftieth part of his parishioners, is deter- he begins to preach: and the opinion of the people to whom he mined that no one else shall do it for him. It is in ministers must determine whether it be desirable that he should such situations that the benefit to the establishment continue to fill their pulpit.'-(168-173.) would be greatest, and the injury to the appointed minister none at all.

We beg of men of sense to reflect, that the question is not whether they wish the English Church to stand as it now is, but whether the English Church can stand as it now is; and whether the moderate activity here recommented is not the mininum of exertion necessary for its preservation. At the same time we hope nobody will rate our sagacity so very low as to imagine we have much hope that any measure of the kind will ever be adopted. All establishments die of dignity. They are too proud to think themselves ill, and to take a little physic.

To show that we have not misstated the obstinacy or the conscience of sectaries, and the spirit with

{* All this has been placed on a better footing.

The sentiments of Philagatharches are expressed still more strongly in a subsequent passage.

'Here a question may arise-what line of conduct conscientious ministers ought to pursue, if laws were to be enacted. forbidding either all dissenting ministers to preach, or only lay preachers; or forbidding to preach in an unlicensed place; at the same time forbidding to licence persons and places, except under such security as the property of the parties would not meet, or under limitations to which their consciences would not accede. What has been advanced ought to outweigh every consideration of temporal interest; and if the evil genius of persecution were to appear again, I pray God that we might all be faithful to Him who has called us to preach the gospel Under such circumstances, let us continue to preach: if fined unable to pay the fine, or deeming it impolitic so to do, let us let us pay the penalty, and persevere in preaching; and when submit to go quietly to prison, but with the resolution still to preach on the first opportunity, and, if possible, to collect

eternally exposed to the attacks of this discerning, dauntless, and most powerful speaker. Folly and corruption never had a more terrible enemy in the English House of Commons-one whom it was so im possible to bribe, so hopeless to elude, and so difficult to answer. Now it so happened, that, during the whole of this period, the historical critic of Mr. Fox was employed in subordinate offices of government ;that the detail of taxes passed through his hands;that he amassed a large fortune by those occupations; and that both in the measures which he supported, and in the friends from whose patronage he received his emoluments, he was completely and perpetually opposed to Mr. Fox.

church even within the precincts of the gaol. He, who by these zealous exertions, becomes the honoured instrument of converting one sinner unto God, will find that single seal to his ministerial labours an ample compensation for all his sufferings. In this manner the venerable apostle of the Gentiles both avowed and proved his sincere attachment to the cause in which he had embarked:-"The Holy Ghost witnesseth in every city, that bonds and afflictions abide me. But none of these things move me, neither count I my life dear unto myself, so that I might finish my course with joy, and the ministry which I have received of the Lord Jesus, to testify the gospel of the grace of God." In the early ages of Christianity martyrdom was considered an eminent honour; and many of the primitive Christians thrust themselves upon the notice of their heathen persecutors, that they might be brought to suffer in the cause of that Redeemer who they ardently loved. In the present day Christians in general incline to estimate such rash ardour as a species of enthusiasm, and feel no disposition to court the horrors of persecution; yet if such dark and tremendous days were to return in this age of the world, ministers should retain their stations; they should be true to their charge; they should continue their ministrations, each man in his sphere, shining with all the lustre of genuine godliness, to dispel the gloom in which the nation would then be enveloped. If this line of conduct were to be adopted, and acted upon with decision, the cause of piety, of non-conformity, and of itinerant preaching, must eventually triumph. All the gaols in the country would speedily be filled: those houses of correction which were erected for the chastisement of the vicious in the community, would be replenished with thousands of the most pious, active, and useful men in the kingdom, whose characters are held in general esteem. But the ultimate result of such despotic proceedings is beyond the ken of human prescience: probably, appeals to the public and to the legislature would teem from the press, and, under such circumstances, might diffuse acions, however, were entirely removed by the frerevolutionary spirit throughout the country.'-(239-243.)

We quote these opinions at length, not because they are the opinions of Philagatharches, but because we are confident that they are the opinions of ten thousand hot-headed fanatics, and that they would firmly and conscientiously be acted upon.

Philagatharches is an instance (not uncommon, we are sorry to say, even among the most rational of the Protestant Dissenters) of a love of toleration combined with a love of persecution. He is a Dissenter, and earnestly demands religious liberty for that body of men; but as for the Catholics, he would not only continue their present disabilities, but load them with every new one that could be conceived. He expressly says that an Atheist or a Deist may be allowed to propagate their doctrines, but not a Catholic; and then proceeds with all the customary trash against that sect which nine schoolboys out of ten now know how to refute. So it is with Philagatharches, so it is with weak men in every sect. It has ever been our object, and (in spite of misrepresentation and abuse) ever shall be our object, to put down this spirit-to protect the true interests, and to diffuse the true spifit, of toleration. To a well-supported national Establishment, effectually discharging its duties, we are very sincere friends. If any man, after he has paid his contribution to this great security for the existence of religion in any shape, chooses to adopt a religion of his own, that man should be permitted to do so without let, molestation, or disqualification for any of the offices of life. We apologize to men of sense for sentiments so trite; and patiently endure the anger which they will excite among those with whom they will pass for original.

Again, it must be remembered, that very great people have very long memories for the injuries which they receive, or which they think they receive. No speculation was so good, therefore, as to vilify the memory of Mr. Fox-nothing so delicious as to lower him in the public estimation-no service so likely to be well rewarded-so eminently grateful to those of whose favour Mr. Rose had so often tasted the sweets, and of the value of whose patronage he must, from long experience, have been so thoroughly aware.

We are almost inclined to think that we might at Rose of being actuated by some of these motives: one time have worked ourselves up to suspect Mr. not because we have any reason to think worse of that gentleman than of most of his political associates, but merely because it seemed to us so very probable that he should have been so influenced. Our suspi

quency and violence of his own protestations. He vows so solemnly that he has no bad motive in writing his critique, that we find it impossible to withhold our belief in his purity. But Mr. Rose does not trust to his protestations alone. He is not satisfied with assurances that he did not write his book from any bad motive, but he informs us that his motive was excellent, and is even obliging enough to tell us what that motive was. The Earl of Marchmont, it seems, was Mr. Rose's friend. To Mr. Rose he left his manuscripts; and among these manuscripts was a narrative written by Sir Patrick Hume, an ancestor of the Earl of Marchmont, and one of the leaders in Argyle's rebellion. Of Sir Patrick Hume, Mr. Rose conceives (a little erroneously to be sure, but he assures us he does conceive) Mr. Fox to have spoken disrespectfully; and the case comes out, therefore, as clearly as possible, as follows.

Sir Patrick was the progenitor, and Mr. Rose was the friend and sole executor, of the Earl of Marchmont; and therefore, says Mr. Rose, consider it as a sacred duty to vindicate the character of Sir Patrick, and, for that purpose, to publish a long and elaborate critique upon all the doctrines and statements contained in Mr. Fox's history! This appears to us about as satisfactory an explanation of Mr. Rose's authorship, as the exclamation of the traveller was of the name of Stony Stratford.

Before Mr. Rose gave way to this intense value for Sir Patrick, and resolved to write a book, he should have inquired what accurate men there were about in society and if he had once received the slightest notice of the existence of Mr.Samuel Heywood, serjeant. at-law, we are convinced he would have transfused into his own will and testament the feelings he derived from that of Lord Marchmont, and devolved upon another executor the sacred and dangerous duty of vindicating Sir Patrick Hume.

CHARLES FOX. (EDINBURGH REVIEW, 1811.)
The life of Mr. Rose has been principally employed
4 Vindication of Mr. Fox's History of the Early Part of the in the painful, yet perhaps necessary, duty of increa-
Reign of James the Second. By Samuel Heywood, Serjeant-sing the burdens of his fellow creatures. It has been

at-Law. London. Johnson & Co. 1811.

THOUGH Mr. Fox's history was of course, as much open to animadversion and rebuke as any other book, the task, we think, would have become any other person better than Mr. Rose. The whole of Mr. Fox's life was spent in oppposing the profligacy and exposing the ignorance of his own court. In the first half of his political career, while Lord North was losing America, and in the latter half, while Mr. Pitt was ruining Europe, the creatures of the government were

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a life of detail, onerous to the subject-onerous and lucrative to himself. It would be unfair to expect from one thus occupied any great depth of thought, or any remarkable graces of composition; but we have a fair right to look for habits of patient research and scrupulous accuracy. We might naturally expect industry in collecting facts, and fidelity in quoting them and hope, in the absence of commanding genius, to receive a compensation from the more humble and ordinary qualities of the mind. How far this is the

case, our subsequent remarks will enable the reader to | Mr. Fox said, in the House of Common in the pre judge. We shall not extend them to any great length, sence of Mr. Rose, as we have before treated on the same subject in our review of Mr. Rose's work. Our great object at present is to abridge the observations of Sergeant Hey. wood. For Serjeant Heywood, though a most respectable, honest, and enlightened man, really does require an abridger. He has not the talent of saying what he has to say quickly; nor is he aware that brevity is in writing what charity is to all other virtues. Righteousness is worth nothing without the one, nor author. ship without the other. But whoever will forgive this little defect will find in all his productions great learning, immaculate honesty, and the most scrupulous accuracy. Whatever detections of Mr. Rose's inaccuracies are made in this Review are to be entirely given to him; and we confess ourselves quite astonished at their number and extent.

'Among the modes of destroying persons (says Mr. Fox, p. 14,) in such a situation (i. e. monarchs deposed), there can be little doubt but that adopted by Cromwell and his adherents is the least dishonourable. Edward II., Richard II., Henry IV., Edward V., had none of them survived their deposal; but this was the first instance, in our history at least, when of such an act it could be truly said it was not done in

a corner.

What Mr. Rose can find in this sentiment to quarrel with, we are utterly at a loss to conceive. If a human being is to be put to death unjustly, is it no mitigation of such a lot that the death should be public? Is any thing better calculated to prevent secret torture and cruelty? And would Mr. Rose, in mercy to Charles, have preferred that red-hot iron should have been secretly thrust into his entrails?-or that he should have disappeared as Pichegru and Toussaint have disappeared in our times? The periods of the Edwards and Henrys were, it is true, barbarous periods: but this is the very argument Mr. Fox uses. All these murders, he contends, were immoral and bad; but that where the manner was the least objectionable, was the murder of Charles the First-because it was public. And can any human being doubt, in the first place, that these crimes would be marked by less intense cruelty if they were public, and, secondly, that they would become less frequent, where the perpetrators incurred responsibility, than if they were committed by an uncertain hand in secrecy and concealment? There never was, in short, not only a more innocent, but a more obvious sentiment; and to object to it in the manner which Mr. Rose has done, is surely to love Sir Patrick Hume too much,-if there can be any excess in so very commendable a passion in the breast of a sole executor.

Mr. Fox proceeds to observe, that he who has discussed this subject with foreigners, must have observ. ed, that the act of the execution of Charles, even in the minds of those who condemn it, excites more admiration than disgust.' If the sentiment is bad, let those who feel it answer for it. Mr. Fox only asserts the fact, and explains, without justifying it. The only question (as concerns Mr. Fox) is, whether such is, or is not, the feeling of foreigners; and whether that feeling (if it exists) is rightly explained? We have no doubt either of the fact or of the explanation. The conduct of Cromwell and his associates, was not to be excused in the main act; but, in the manner, it was magnanimous. And among the servile nations of the Continent, it must naturally excite a feeling of joy and wonder, that the power of the people had for once been felt, and so memorable a lesson read to those whom they must naturally consider as the great oppressors of mankind.

"The proceedings with respect to the royal family of France, are so far from being magnanimity, justice, or mercy, that they lanimity. And afterwards declared his wish for an address to are directly the reverse; they are injustice, cruelty, and pusil his majesty, to which he would add an expression of our abhorrence of the proceedings against the royal family of France, in which, I have no doubt, we shall be supported by the whole country. If there can be any means suggested that will be better adapted to produce the unanimous concurrence of this House, and of all the country, with respect to the measure now under consideration in Paris, I should be obliged to any perstating that such address, especially if the Lords joined in it, son for his better suggestion upon the subject' Then, after must have a decisive influence in France, he added, 'I have said thus much in order to contradict one of the most cruel misrepresentations of what I have before said in our late debates; and that my language may not be interpreted from the manner in which other gentlemen have chosen to answer it. I have spoken the genuine sentiments of my heart, and I anx iously wish the House to come to some resolution upon the subject.' And on the following day, when a copy of instructions sent to Earl Gower, signifying that he should leave Paris, was laid before the House of Commons, Mr. Fox said, he had heard it said, that the proceedings against the King of France are unnecessary. He would go a great deal farther, and say, he believed them to be highly unjust; and not only repugnant to all the common feelings of mankind, but also contrary to all the fundamental principles of law.'-(p. 20, 21.)

On Monday the 28th January, he said,

'With regard to that part of the communication from his

majesty, which related to the late detestable scene exhibited two opinions in that House; he knew they were all ready to in a neighbouring country, he could not suppose there were declare their abhorrence of that abominable proceeding.'(p. 21.)

Mr. Fox pronounced the condemnation and execution Two days afterwards, in the debate on the message, of the king to be

an act as disgraceful as any that history recorded: and whatever opinions he might at any time have expressed in private conversation, he had expressed none certainly in that unjustifiable, and punishment useless, where it could not operHouse on the justice of bringing kings to trial: revenge being ate either by way of prevention or example; he did not view with less detestation the injustice and inhumanity that had been committed towards that unhappy monarch. Not only were the rules of criminal justice-rules that more than any other ought to be strictly observed-violated with respect to law, to which he was personally amenable, and even contrary him not only was he tried and condemned without existing to laws that did actually exist, but the degrading circumstan ces of his imprisonment, the unnecessary and insulting asperity with which he had been treated, the total want of republican magnanimity in the whole transaction, (for even in that House it could be no offence to say, that there might be such a thing as magnanimity in a republic,) added every aggravation to the inhumanity and injustice.'

of Commons, Mr. Rose knew perfectly well, when he That Mr. Fox had held this language in the House accused that gentleman of approving the murder of the King of France. Whatever be the faults imputed to Mr. Fox, duplicity and hypocrisy were never among the number; and no human being ever doubted but that Mr. Fox, in this instance, spoke his real sentiments: but the love of Sir Patrick Hume is an overwhelming passion; and no man who gives way to it, can ever say into what excesses he may be hurried.

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Non simul cuiquam conceditur, amare et sapere. tacks Mr. Rose, is that of General Monk. Mr. Fox The next point upon which Sergeant Heywood atsays of Monk, that he acquiesced in the insult so meanly put upon the illustrious corpse of Blake, under The most unjustifiable point of Mr. Rose's accusa- most creditable services of his life.' This story, Mr. whose auspices and command he had performed the tion, however, is still to come. If such high praise,' Rose says, rests upon the authority of Neale, in his says that gentleman, was, in the judgment of Mr. History of the Puritans. This is the first of many Fox, due to Cromwell for the publicity of the proceed- blunders made by Mr. Rose upon this particular topic: ings against the king, how would he have found lan- for Anthony Wood, in his Fasti Oxonienses, enumeraguage sufficiently commendatory to express his admi- ting Blake among the bachelors, says, 'His body was ration of the magnanimity of those who brought Lewis taken up, and, with others, buried in a pit in St. Mar the Sixteenth to an open trial?' Mr. Rose accuses garet's church-yard adjoining, near to the back door of Mr. Fox, then, of approving the execution of Lewis one of the prebendaries of Westminster, in which place the Sixteenth: but, on the 20th of December, 1792, it now remaineth, enjoying no other monument but

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