The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
quels touts manners leis sont fondes; et auxy, siv, nous sumus obliges
de canustre lour esy de saint eglise," &c. Finch begins the business of
falsification by mistranslating and mistating the words of Prisot thus:
"to such laws of the church as have warrant in _holy scripture_ our law
giveth credence." Citing the above case and the words of Prisot in the
margin, Finch's law, B. 1, c. 3, here then we find _ancien scripture_,
ancient writing, translated "holy scripture." This, Wingate, in 1658,
erects into a maxim of law in the very words of Finch, but citing Prisot
and not Finch. And Sheppard, tit. Religion, in 1675 laying it down in
the same words of Finch, quotes the Year-Book, Finch and Wingate. Then
comes Sir Matthew Hale, in the case of the King _v._ Taylor, 1 Ventr.
293, 3 Keb. 607, and declares that "Christianity is part and parcel of
the laws of England." Citing nobody, and resting it, with his judgment
against the witches, on his own authority, which indeed was sound and
good in all cases into which no superstition or bigotry could enter.
Thus strengthened, the court in 1728, in the King _v._ Woolston, would
not suffer it to be questioned whether to write against Christianity
was punishable at common law, saying it had been so settled by Hale in
Taylor's case, 2 Stra. 834. Wood, therefore, 409, without scruple, lays
down as a principle, that all blaspheming and profaneness are offences
at the common law, and cites Strange. Blackstone, in 1763, repeats, in
the words of Sir Matthew Hale, that "Christianity is part of the laws of
England," citing Ventris and Strange, _ubi supra_. And Lord Mansfield,
in the case of the Chamberlain of London _v._ Evans, in 1767, qualifying
somewhat the position, says that "the essential principles of revealed
religion are part of the common law." Thus we find this string of
authorities all hanging by one another on a single hook, a mistranslation
by Finch of the words of Prisot, or on nothing. For all quote Prisot,
or one another, or nobody. Thus Finch misquotes Prisot; Wingate also,
but using Finch's words; Sheppard quotes Prisot, Finch and Wingate;
Hale cites nobody; the court in Woolston's case cite Hale; Wood cites
Woolston's case; Blackstone that and Hale, and Lord Mansfield volunteers
his own _ipse dixit_. And who now can question but that the whole Bible
and Testament are a part of the common law? And that Connecticut, in her
blue laws, laying it down as a principle that the laws of God should be
the laws of their land, except where their own contradicted them, did
anything more than express, with a salvo, what the English judges had
less cautiously declared without any restriction? And what, I dare say,
our cunning Chief Justice would swear to, and find as many sophisms to
twist it out of the general terms of our declarations of rights, and
even the stricter text of the Virginia "act for the freedom of religion,"
as he did to twist Burr's neck out of the halter of treason. May we not
Public-domain text, read in full here on John Shaqi.
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