The Real Shelley. New Views of the Poet's Life. Vol. 2 (of 2)Jeaffreson, John Cordy
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The Real Shelley. New Views of the Poet's Life. Vol. 2 (of 2)
Jeaffreson, John Cordy
Poets, English -- 19th century -- Biography; Shelley, Percy Bysshe, 1792-1822
For some weeks he had been contemplating with disgustful abhorrence the
circumstances, under which a man named Eaton had been tried and punished
by Lord Ellenborough for printing and publishing the Third Part of Tom
Paine’s _Age of Reason_. This daring violator of law, with which as a
printer and publisher he was quite familiar, had been indicted, tried,
convicted, and sentenced in the ordinary way to undergo the severe
punishment, to which he had rendered himself liable. Lord Ellenborough’s
connexion with the affair was, that it devolved on him, as Lord Chief
Justice, to try the prisoner in the ordinary way of his official duty, and
after the culprit’s conviction to pass sentence upon him. Doubtless the
Chief Justice was at pains to secure a conviction, because the evidence
was conclusive, and the case a serious case; at least, in the opinion of
the Chief Justice and the overwhelming majority of educated Englishmen.
Doubtless, also, he passed a severe sentence, as he would none the less
have been bound to do, even had he secretly questioned the wisdom of the
law he was required to administer. There is, of course, room for
difference of opinion on the question whether the law, under which this
person, Eaton, suffered a severe punishment, was politic, salutary, and
therefore humane. But even in these days of general disapproval of laws
for the restraint of religious opinion, there can be no question that Lord
Ellenborough was bound to administer the law. To Shelley it appeared
otherwise. Had the Chief Justice been at less pains to secure a
conviction, and passed a somewhat lighter sentence on the culprit, Shelley
would perhaps have been less stormily indignant; but he would have been no
less certain that the judge had ‘wantonly and unlawfully infringed the
rights of humanity’ in merely discharging a function of his office. It was
not in Shelley’s power to see that the main question of the case was not,
whether Eaton had been guilty of an offence against natural morality; but
whether he had been guilty of an offence against the law of the land.
Discovering nothing to condemn, but, on the contrary, much to approve, in
the publisher’s action, on the score of natural morality, Shelley spoke
and thought of Eaton as a wholly guiltless person. It followed by
Shelley’s logic that the judge who passed sentence on this guiltless
person was a judge to be denounced as a ruthless persecutor of the
innocent.
Taking this view of the matter, Shelley, on the eve of his withdrawal from
Radnorshire (_vide_ his letter of 11th June, 1812, to Godwin) was planning
an Address to the public on the wickedness of the prosecution, and the
iniquity of the judge.
Public-domain text, read in full here on John Shaqi.
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