A Letter to Sir Samuel Shepherd, Knt., His Majesty's Attorney General: Upon the Subject of His Prosecutions of Richard Carlile, for Publishing Paine's Age of ReasonAnonymous
Philosophy
A Letter to Sir Samuel Shepherd, Knt., His Majesty's Attorney General: Upon the Subject of His Prosecutions of Richard Carlile, for Publishing Paine's Age of Reason
Anonymous
Blasphemy -- Great Britain; Paine, Thomas, 1737-1809. Age of reason; Shepherd, Samuel, Sir, 1760-1840; Trials (Blasphemy) -- Great Britain
Produced by David Widger
LETTER
TO SIR SAMUEL SHEPHERD, KNT. HIS MAJESTY'S ATTORNEY-GENERAL
UPON THE SUBJECT OF HIS PROSECUTIONS OF RICHARD CARLILE,
FOR PUBLISHING PAINE'S AGE OF REASON.
LONDON.
PRINTED AND PUBLISHED BY R. CARLILE, 55, FLEET STREET.
LETTER,
Sir,
As you have commenced the prosecution of Carlile, a printer, for
publishing an edition of Paine's Age of Reason, in conjunction with the
self-styled Society for the Suppression of Vice, I take the liberty to
submit to your consideration a few remarks, upon the nature and tendency
of this purposed suit. Since prosecutions of this kind are not novel,
and as it may be fairly conjectured that you will follow the ordinary
routine of men in your office in these causes, and moreover as the
accused will be subjected to the usual disadvantage of meeting three
pleadings to the one which will be allowed him, besides the probable
interruptions from the Judge on the bench, I think it needful and
reasonable to anticipate and meet beforehand those hacknied arguments,
which it seems to me most probable that you will advance in the court on
the days of trial.
That the accuser should be permitted to plead three times to the once
with which the accused is but imperfectly indulged, though it may be
law, is most flagrant injustice. But, perhaps, you may not be quite
satisfied with my arithmetic, and may ask me, how I make out my three
pleadings to one. It were much to the honour of this country, and its
laws, if I should be mistaken in my calculation, but I fear to be put
to the blush as an Englishman, (if you serjeants at law are not,) by my
computation, being found to be but too true.
In the first place, you open the case. This you do not reckon pleading:
but as you are allowed to say whatever you think proper, it becomes as
truly a pleading in reality as your latter speech, which alone you call
by that name. The second is what is styled so on both sides. And this
would be injustice, if I stopped here; but having engaged to reckon up
three pleadings, I fix upon the most unfit person that could be named;
that is, my Lord Judge, to plead on the third occasion.
This speech of the Judge, you crown-lawyers term summing up the
evidence; but I believe you can never adduce one solitary instance in a
crown prosecution, in which the Judge has not acted completely the part
of a retained counsel for the crown.
That my Lord Judge should be unable to divest himself of the habit of
pleading as an advocate, since he has formerly followed that employment,
though far from equitable or decorous, is still very natural, like as
the mail-coach horse which has aforetime been a hunter,
"When hounds and horns the forest rend,"
pricks up his ears, and longs to join in the pursuit. But the Judge also
discharges a still more exceptionable office, that of interrupter on the
part of the crown.
Public-domain text, read in full here on John Shaqi.
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