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
exclusion of that, which would be absurd and contrary to the wish of those
who cite this passage to prove that the Scriptures, or Christianity, is
a part of the common law. 2. Because Prisot says, "Ceo [est] common
ley, sur quel touts manners leis sont fondés." Now, it is true that the
ecclesiastical law, so far as admitted in England, derives its authority
from the common law. But it would not be true that the Scriptures so
derive their authority. 3. The whole case and arguments show that the
question was how far the Ecclesiastical law in general should be respected
in a common law court. And in Bro. abr. of this case, Littleton says,
"Les juges del common ley prendra conusans quid est _lax ecclesiæ_, vel
admiralitatis, et trujus modi." 4. Because the particular part of the
Ecclesiastical law then in question, to wit, the right of the patron to
present to his advowson, was not founded on the law of God, but subject
to the modification of the lawgiver, and so could not introduce any
such general position as Finch pretends. Yet Wingate [in 1658] thinks
proper to erect this false quotation into a maxim of the common law,
expressing it in the very words of Finch, but citing Prisot, wing. max.
3. Next comes Sheppard, [in 1675,] who states it in the same words of
Finch, and quotes the Year-Book, Finch and Wingate. 3. Shepp. abr. tit.
Religion. In the case of the King _v._ Taylor, Sir Matthew Hale lays it
down in these words, "Christianity is parcel of the laws of England."
1 Ventr. 293, 3 Keb. 607. But he quotes no authority, resting it on his
own, which was good in all cases in which his mind received no bias from
his bigotry, his superstitions, his visions about sorceries, demons,
&c. The power of these over him is exemplified in his hanging of the
witches. So strong was this doctrine become in 1728, by additions and
repetitions from one another, that in the case of the King _v._ Woolston,
the court would not suffer it to be debated, whether to write against
Christianity was punishable in the temporal courts at common law, saying
it had been so settled in Taylor's case, ante 2, stra. 834; therefore,
Wood, in his Institute, lays it down that all blasphemy and profaneness
are offences by the _common law_, and cites Strange ubi supra. Wood 409.
And Blackstone [about 1763] repeats, in the words of Sir Matthew Hale,
that "Christianity is part of the laws of England," citing Ventris and
Strange ubi supra. 4. Blackst. 59. Lord Mansfield qualifies it a little
by saying that "The essential principles of revealed religion are part
of the common law." In the case of the Chamberlain of London _v._ Evans,
1767. But he cites no authority, and leaves us at our peril to find out
what, in the opinion of the judge, and according to the measure of his
foot or his faith, are those essential principles of revealed religion
obligatory on us as a part of the common law.
Public-domain text, read in full here on John Shaqi.
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