The Trial of Henry Hetherington, on an Indictment for BlasphemyHetherington, H. (Henry)
Religion
The Trial of Henry Hetherington, on an Indictment for Blasphemy
Hetherington, H. (Henry)
Hetherington, H. (Henry), 1792-1849 -- Trials, litigation, etc.; Trials (Blasphemy) -- England -- London
"It is proper for us to respect the laws which the members of the holy
church have in _ancient manuscripts_, because they are the general
source from which all laws are drawn. Thus, Sir, it is necessary for us
to be acquainted with ecclesiastical law, and in like manner the judges
of the ecclesiastical courts are obliged to understand our law: in
consequence, Sir, if it can be shown to us that the ecclesiastical court
has decided as a court of civil law would have done in the same case,
then we ought to deem the judgment good; but if a civil law court would
have decided otherwise, the judgment of the eclesiastical court must be
deemed erroneous."
"Ventr. 293. 3 Keble, 607, but quotes no authority. By these echoings
and reechoings from one to another, it had become so established in
1728, that in the case of the King v. Woolston, 2 Strange, 834, the
court would not suffer it to be debated, whether to write against
Christianity was punishable in the temporal courts at common law. Wood,
therefore, 409, ventures still to vary the phrase, and says, ’that all
blasphemy and profaneness are offences by the common law,’ and cites 2
Strange. Then Blackstone, in 1763, IV. 59, repeats the words of Hale,
that ’Christianity is part of the law of England,’ citing Ventris and
Strange: and finally, Lord Mansfield, with a little qualification, in
Evans’s case in 1767, says, ’that the essential principles of revealed
religion are parts of the common law,’ thus engulphing Bible, Testament,
and all, into the common law, without citing any authority. And thus we
find this chain of authorities hanging link by link one upon another,
and all ultimately on one and the same hook; and that a mistranslation
of the words ’ancien scripture,’ used by Prisot. Finch quotes Prisot;
Wingate does the same; Sheppard quotes Prisot, Finch, and Wingate; Hale
cites nobody; the Court, in Woolston’s case, cites Hale; Wood cites
Woolston’s case; Blackstone quotes Woolston’s case and Hale; and Lord
Mansfield, like Hale, ventures it on his own authority. Here I might
defy the best-read lawyer to produce another scrip of authority for this
_judiciary forgery_; and I might go on further to show how some of the
Anglo-Saxon priests interpolated into the text of Alfred’s laws, the
20th, 21st, 22nd, and 23rd chapters of Exodus, and the 10th of the Acts
of the Apostles, from the 23rd to the 29th verses. But this would lead
my pen and your patience too far. What a conspiracy this between Church
and State! Sing Tantararara, Rogues all, Rogues all; Sing Tantararara,
Rogues all!"
Public-domain text, read in full here on John Shaqi.
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