The friends of this inestimable privilege have 'of late been [alter nately filled with fears, and hopes, on account of certain recent events which have passed in our courts of justice, and on the attention which this most interesting subject is exciting in both branches of the legislature. One instance indeed, has occurred, which is a proof of the sad want of principle in the proprietors of public prints, as well as in their editors. We allude to the trial of the editor and proprietor of the Day newspaper, to which is prefixed the vaunting and impious motto we have already noticed. This paper has in general been the advocate of ministers, but in a recent instance, the Editor thought proper to take the contrary side, and to pass some severe reflections on the conduct of the military in the affair of Sir F. Burdett; for which offence a prosecution followed up by conviction has taken place in the Court of King's Bench. The Editor on being brought up to receive sentence, stated in mitigation of his offence, that "he was not the Editor (although "his name was entered as such at the Stamp Office) but only a "writer for the Day, having no controul over the articles which appeared in it; that he received his instructions from a committee " of proprietors, who had resolved in the present instance, to adopt "the popular side of the question as likely to increase the sale of "their paper-that he had been urged by Mr. Harry Phillips "the auctioneer, not to spare the soldiers;' but as a proof of his "own very loyal principles, he referred to another paper, the "National Register, of which he was uncontrouled editor, and "which would evince his real principles!" Judge Grose on passing sentence, stated, "that the court in vain looked for any thing like mitigation, in such an apology, which only went to inform the "court, that the defendant was one who lent his talents to be "prostituted at the order of a committee, acting for a number "of others, whose sole motive was pecuniary interest.”

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The case of Mr. Finnerty is accompanied with such extraordinary circumstances as will doubtless give rise to much discussion, and we trust will make a deep and abiding impression on the people, It appears, that on a criminal information being filed against him by the Attorney-General for a libel against Lord Castlereagh, he suffered judgment to go by default, which in general is construed: as an acknowledgement of guilt; but on his being brought up to receive sentence, he stated, that his reason for so doing was the remark of the Lord Chief Justice of the court: "that the truth of "the libel would not be admitted as an extenuation of its guilt." Mr. F. added, although he considered himself as precluded from defending himself on trial, he now in mitigation of punishment offered to prove the truth of all he had uttered of his prosecutor'. The very interesting proceedings on this occasion will be found in

Our Miscellany: We cannot but lament that Mr. Finnerty suffered judgment to go by default, for although the Lord Chief Justice might not have considered the evidence produced to prove the truth of the charges brought against Lord Castlereagh as doing away the guilt, yet it is not probable he would have prevented that evidence, when brought forward by counsel, from being laid before the jury: but it is often very difficult for a man in such a situation, to know what to do, and he can scarcely avoid following the advice of counsel. However, from the extracts read, from a few of the FIFTY afidavits offered by Mr. F. almost all of which were rejected by the court, some judgment may be formed of the mass of evidence in existence, proving the enormities of the system pursued in our unfortunate sister kingdom, Ireland. As for Lord Castlereagh, his character as a borough intriguer in England, and as the grand supporter of the torture system in Ireland, is equally famous; we should suppose there are scarcely to be found two opinions on the subject.-A subscription has been opened for Mr. Finnerty, which we trust will be suitably encouraged.

The Prince Regent has we perceive been much employed in exer. cising the amiable prerogative of MERCY. Sixty reprieves have been given to different criminals convicted of capital crimes; and when we consider the horrible nature of our penal code, written as it were, like the laws of DRACO, in blood, it is not improbable, that his royal highness has by this exercise of the regal prerogative, prevented sixty legal murders from being added to the black catalogue of our numerous crimes. Would not the further exercise as it may respect those who are suffering the severe sentence of the law for publishing their opinions, be equally desirable? Surely the fines and long imprisonment such persons undergo is more than their offences can possibly deserve. The Prince Regent, by remitting the remainder of their punishment, would perform an act nobly popular, and additionally merit the gratitude of every friend of his country.

A noble triumph has been gained for the press by the verdict in the case of the printer and proprietor of that excellent and spirited weekly paper-the EXAMINER. The libel complained of by the attorney-general consisted of an account of various sentences of court martials inflicting the disgraceful and severe punishment of flogging, administered, as it appears, in a manner peculiar to the British army. The article was headed-ONE THOUSAND LASHES! and the details of the execution of the various sentences were followed by the strictures such a subject naturally demanded. The jury after two hours consideration brought in their verdict-NOT GUILTY. The records of this important trial shall be preserved in our Miscellany.

.

It must afford great pleasure to the friends of justice, liberty, and humanity, to find that the intolerable grievance of ex officio informa

tions is shortly to undergo a discussion in both houses of parliament. If there were no other instance to produce of the unjust and arbitrary nature of these proceedings, that of the editor of the EXAMINER would be sufficient. Mr. HUNT has had three of what are called criminal informations filed against him. Two of them were withdrawn, the third has been tried ; and in all, the innocence of the aggrieved party is demonstrated; and yet, besides the loss of time, the trouble, and the harass of mind, the unavoidable consequence of such prosecutions, or persecutions, an expence has been incurred of three hundred pounds! In short, an attorney general by possessing this arbitrary power, has it in his power at any time to ruin an innocent man; and the use, for we suppose we must not say the abuse, which has been made of this power in modern times, demands the serious consideration of the legislature. Lord Holland has increased the debt of public gratitude due to him, for the notice he has given on this subject.

FAST DAY.

That annual national mockery offered to heaven, commonly termed a Fast Day is about to be repeated. A correspondent whose letter appears in our present number, seems to be of opinion, that even the clergy of the established church are not bound to observe the day, and that the laity in paying no respect to it, but following their business as usual on other days, have a right so to do, as the King's proclamation has not the force of law. Should there, however, exist a doubt on this subject it can only apply to the members of the established church. But we cannot, expect that the clergy should hazard the least risk of disobeying their superiors: indeed there is the less occasion for it on their parts: for although some of them disapprove of the war, and of the fast prayers made for them, yet they can with as little scruple repeat them, as they can subscribe articles which they do not believe, which we are firmly persuaded is the case with every clergyman who has thought seriously on the subject. But the case is different with protestant dissenters; and how it is possible for them to shew respect to this day of national hypocrisy, by attending divine service in the customary way, we know not. If their ministers dare to be faithful, and reprobate national sins, and more especially, that chief of our national sins the present UNJUST and UNNECESSARY WAR, then let them keep the Fast; but if they shrink from duty under the pretence that it would not be prudent, let them seriously reflect that their conduct is equally inconsistent with the character of an honest man and a sincere christian, and adds to our national guilt!

Harlow, Feb. 27, 1811.

B. F.

THE

MONTHLY MISCELLANY:

FOR FEBRUARY, 1811.

TWO TREATISES ON GOVERNMENT.-By JOHN LOCKE.

IN THE FORMER, THE FALSE PRINCIPLES AND FOUNDATION OF SIR ROBERT FILMER AND HIS FOLLOWERS ARE DETECTED AND OVERTHROWN. THE LATTER IS AN ESSAY CONCERNING THE TRUE ORIGINAL EXTENT

AND END OF CIVIL GOVERNMENT.

[Printed from the 6th Edition, with the Author's last Corrections and
Improvements.]

AUTHOR'S PREFACE.

Reader, thou hast here the beginning and end of a discourse concerning government; what fate has otherwise disposed of the papers that should have filled up the middle, and were more than all the rest, it is not worth while to tell thee. These, which remain, I hope are sufficient to establish the throne of our great restorer, or present King William; to make good his title, in the consent of the people, which being the ONLY one of all lawful governments, he has more fully and clearly, than any prince in christendom; and to justify to the world the people of England, whose love of their just and natural rights, with their resolution to preserve them, saved the nation when it was on the very brink of slavery and ruin. If these papers have that evidence, I flatter myself is to be found in them, there will be no great miss of those which are lost, and my reader may be satisfied without, them: for I imagine, I shall have neither the time, nor inclination to repeat my pains, and fill up the wanting part of my answer, by tracing Sir Robert again, through all the windings and obscurities, which are to be met with in the several branches of his wonderful system. The king, and body of the nation, have since so thoroughly confuted his hypothesis, that I suppose no body hereafter will have either the confidence to appear against our common safety, and be again an advocate for slavery; or the weakness to be deceived with contradictions dressed up in

VOL. IX.

a popular style, and well-turned periods: for if any one will be at the pains, imself, in those parts, which are here untouched, to strip Sir Robert's discourses of the flourish of doubtful expressions, and endeavour to reduce his words to direct, positive, intelligible propositions, and then compare them one with another, he will quickly be satisfied, there was never so much glib nonsense put together in well-sounding English. If he think it not worth while to examine his works all through, let him make an experiment in that part, where he treats of usurpation; and let him try, whether he can, with all his skill, make Sir Robert intelligible, and consistent with himself, or common sense. I should not speak so plainly of a gentleman, long since past answering, had not the pulpit, of late years, publicly owned his doctrine, and made it the current divinity of the times. It is necessary those men, who taking on them to be teachers, have so dangerously misled others, should be openly shewed of what authority this their patriarch is, whom they have so blindly followed; so that they may either retract what upon so ill grounds they have vented, and cannot be maintained; or else justify those principles which they preached up for gospel; though they had no better an author than an English courtier; for I should not have writ against Sir Robert, or taken the pains to shew his mistakes, inconsistencies, and want of (what he so much boasts of, and pretends wholly to build on) scripture-proofs, were there not men amongst us, who, by crying up his books, and espousing

A

I

his doctrine, save me from the reproach of writing against a dead adversary. They have been so zealous in this point, that, if I have done him any wrong, I cannot hope they should spare me. wish, where they had done the truth and the public wrong, they would be as ready to redress it, and allow its just weight to this reflection, viz. that there cannot be done a greater mischief to prince and people, than the propagating wrong notions concerning government; that so at last all times might not have reason to complain of the drum ecclesiastic. If any one, concerned really for truth, undertake the confutation of my hypothesis, I promise him either to recant my mistake, upon fair conviction;

or to answer his difficulties. But he

must remember two things.

First, That cavilling here and there, at some expression, or little incident of my discourse, is not an answer to my book.

Secondly, That I shall not take railing for arguments, nor think either of these worth my notice: though I shall always look on myself as bound to give satisfaction to any one who shall to be conscientiously scrupulous in the point, and shall shew any just grounds for his scruples.

appear

I have nothing more, but to advertise the reader, that " Observations" stands for Observations on Hobbes, Milton, &c. and that a bare quotation of pages always mean Pages of his Patriarcha. Edit. 1680.

ON GOVERNMENT.

BOOK I.

CHAPTER I.

1. Slavery is so vile and miserable an estate of man, and so directly oppositse to the generous temper and courage of our nation, that it is hardly to be conceived, that an Englishman, much less a gentleman, should plead for it. And truly I should have taken Sir Robert Filmer's Patriarcha, as any other treatise, which would persuade all men, that they are slaves, and ought to be so, for such another exercise of wit, as was his who writ the encoxium of Nero; rather than for a

serious discourse meant in earnest, had not the gravity of the title and epistle, the picture in the front of the book, and the applause that followed it, required me to believe, that the author and publisher were both in earnest. I therefore took it into my hands with all the expecthe attention due to a treatise that tation, and read it through with all made such a noise at its coming abroad, and cannot but confess myself mightily surprised, that in a book, which was to provide chains for all mankind, I should find nothing but a rope of sand, useful perhaps to such, whose skill and business it is to raise a dust, and would blind the people, the better to mislead them; but in truth not of

any force to draw those into bondage, who have their eyes open, and so much sense about them, as to consider, that chains are but an ill wearing, how much care soever hath been taken to file and polish them.

2. If any one think I take too much liberty in speaking so freely of a man, who is the great champion of absolute powers, and the idol of those who worship it; I beSeech him to make this small allowance for once, to one, who, even after the reading of Sir Robert's book, cannot but think himself, as the laws allow him, a freeman: and I know no fault it is to do so, unless any one better skilled in the fate of it, than .I, should have it revealed to him, that this treatise, which has lain dormant so long, was, when it appeared in the world, to carry, by strength of its arguments, all liberty out of it; and that from thenceforth our author's short model was to be the pattern in the mount, and the perfect standard of politics for the future. His system lies in a little compass, it is no more but this,

That all government is absolute monarchy.