be proportionably less, as man has realized more, but they rest on no better foundation. For while a nation remains unexplored, or even a track of land unimproved by culture, no greater obstacle can exist to filling it with a healthy and intelligent population, than did exist in the earliest ages of the world. As long as mere space remains, and man retaius his original powers, there can be no other bar to his exertions in extending the boundaries of human habitation, and consequently increasing the family of man, than the first settlers of the earth had to contend with. Nay, more; the prospect of ameliorating the human condition, of bringing distant wastes into culture, of embellishing savage lands with the arts, the virtues and the charities of life, is much fairer now than at any former period. The wonders now accomplished by machinery and the division of labour would have been regarded in darker times as the effects of magic. And all the power derived from knowledge is, from its very nature, progressive. In the fine arts, indeed, in all that depends on high imagination, deep feeling and intuitive power, former times may well surpass us. But, in practical science, each improvement is a step to another; every new power brought into action, operates not only in facilitating the operations in which it is employed, but in furnishing new materials for thought and fresh means of inquiry. Thus the improvement of the world, as far as relates to inanimate matter, may proceed almost in a geometrical ratio. And if so much has already been done in peopling and adorning it with so far scantier means, how much more is to be expected with materials so improved and perpetually enlarging? Indeed, a view of the present state of the globe might at once convince us that a far larger population is yet to be reared on it. Surely he who has made nothing in vain, has not destined mighty tracts of the most luxuriant part of the world to be for ever deserted. He has not intended its spicy groves, delicious regions covered with eternal green, sweet spots lying calmly on the breast of crystal waters, harvests, that rise spontaneously and bask in unclouded sunshine, to delight the imagination alone. Till the earth be "replenished and subdued," the command and the blessing "be fruitful and multiply," must continue. If universal peace, if purity of manners, if the growth of the humanities and the affections of life, should favour increasing population, there is yet room for them at nature's table. Not only the earth, but the sea, contains inconceivable stores of food, perpetuated without expense or toil. At present, indeed, the fisheries, from temporary causes, produce little; but it cannot be supposed that such stupendous resources were altogether bestowed on us in vain. Were it not for our artificial wants and enervating luxuries, the cup of our blessings would be, not only full to the brim, but running over. But it may still be said, that a time must come, when all the resources of nature shall be inadequate to supply a population still increasing; when the stores of earth and sea will admit of no further enlargement or discovery, and when, consequently, without inevitable misery, the numbers of man can increase no longer. Supposing this to be the case, it can furnish no reason for remaining in our present condition, for not approaching as nearly as possible to the highest conceivable state of human bliss, for repressing the immense accessions of life, of virtue and of happiness, which must be produced in the ages which will precede this great consummation. Besides, the argument of the objector confutes itself. That glorious period can never arrive till wars shall be no more, till knowledge shall have become universal, and till man is raised in the scale of created being. The vices which prevent the increase of our species, and those which tend to destroy it, must have been nearly banished from the world. Earth must have become, as Eden once was, the garden of the Lord. In this state of things, is it too much to expect that passion will be subdued; that mind, if not omnipotent over matter, will have the chief rule; and that man will be able to adapt his desires to his condition? Indeed, the very virtues which have occasioned the increase of man to the highest beneficial extent, will repress it, when it is no longer needful. After all, we must remember that this earthly scene is not destined for ever to endure. Surely, then, God may be trusted, in the case of a difficulty so remote, and which supposes this material world to have arrived at its highest degree of perfection. When it can no longer well exist, he will, no doubt, suffer it to exist no more. Then may we expect those great changes to commence, which we dare not even imagine, when all that is corruptible shall be destroyed, when the shadows of time shall pass away, and the realities of eternity shall begin. Then will man be introduced into a state where affection shall be purified from all that is low and sensual, where evil shall cease to harm us, and where love shall have "its perfect rest." T. N. T. I shall conclude these articles in the next Number, with observations on the moral deductions made by Mr. Malthus from his system, and on the plan of Mr. Owen, as affected by it. SIR, Inner Temple, 10th September, 1817. HE point having been recently Courts, it seems not unimportant to make some inquiry into the supposed common law offence of impugning the doctrine of the Trinity, and this not so much to labour to disprove the argument there used, (which, as it was then put, was certainly not very tenable,) as to take a general view of the subject of offences, by our laws, against God and Religion, and to see what are the leading distinctions in such offences, and the jurisdiction over them, which have been made by the courts and the writers on the subject; in order to clear it, if possible, of its difficulties. I believe, on investigating the matter, we shall find that all the text writers have very properly divided the consideration of religious offences, into the three following heads, viz. 1. Heresy, or offences against the doctrines of the church. 2. Non-conformity, or offences against the worship and ordinances of the church. 3. Offences against God and religion, in general commonly called blasphemy or profaneness, which are the only indictable offences at common law. I shall now proceed to make some inquiry into each of these heads, and, I trust, it will appear, that impugning the doctrine of the Trinity, can never have been classed under any other head than that of heresy; a branch of the law which is happily now more a matter of antiquarian research than practical utility. 1. Heresy, as Blackstone observes, "consists not in a total denial of Christianity, but of some of its essential doctrines publicly and obstinately avowed;" or in the words of Hawkins, (Placit. cor. cap. 2,) “ among Protestants is taken to be a false opinion, repugnant to some point of doctrine clearly revealed in Scripture, and either absolutely essential to the Christian faith, or, at least, of most high importance." It is defined by Hale, to be sententia rerum divinarum humano sensu excogitata, palam docta et pertinaciter defensa." There can be no doubt, from the definition of the offence, as well as from the punishment of Arians as impugning the doctrine of the Trinity belongs, and it will, therefore, be proper to inquire in whom the cognizance of it has always resided, and what is the present state of the law on the subject. The jurisdiction over heresy, a crime created, as it were, by the Spiritual Judge, who was the sole arbiter of what opinions were to be so denominated, belonged to the Ecclesiastical Courts from the earliest period. Exorbitant as were their claims of jurisdiction, it is not at all to be wondered that a thing of such "pure spiritualité," should have been confided to them without difficulty. Before the time of William the Conqueror, it is well known that all matters, both spiritual and temporal, were determined in the Hundred Court, before the Aldermen and Bishop, l'un per temporal, l'auter per divine droit, but "ceo fut alter per Roy William (et semble per Parlement car ceo fuit per assent del evesques abbots et touts les princes del realm) car il ordain que l'evesque ou archdeacon ne teneront plea de episcopal leges, et quæ ad animam pertinent en le hundred, mes solonque les episcopal leges et canons-tout ceo appiert per le charte de Roy William. Irrot. 2 R. 2, pro Decano et cap. Eccles. Lincolne. Jan. Aug. 76-77." (See Rolls. Ab. 2. 216.) The statute of circumspecte agatis directs "non puniend' eos si placitum tenuerint in curia Christianitatis de his quæ meré sunt spiritualia." In his note upon this passage, Lord Coke says, (Inst. 2. 488,) Britton saith, que seint eglise eyt conusance de juger de pure spiritualité-heresie, schismes, holy orders and the like are mere spiritual thinges." The spiritual courts had thus, it appears, early acquired the sole controul of the undefined crime of heresy; but they had no power of imprisoning or proceeding temporally against the offender for a long time. The conviction seems to have been before the Archbishop in a provincial synod, and not in any petty ecclesiastical court, (Blackstone, IV. 46,) and the writ, de hæretico comburendo, was issued by the King in council, who had, however, a discretion on the subject, the writ not being of course, but issuing only by his special direction. In 5 Richard II. an attempt was made by the clergy to obtain assistance from the temporal authorities, in punishing this crime, and an act still appears on our statute book, being stat. 2, c. 5, by which sheriffs are commanded to apprehend preachers of heresie and their abettors, and the enormities ensuing such preachings are declared. There are, however, great grounds for discrediting the authenticity of this statute, and Lord Coke, in particular, (Inst. 3, p. 40,) says, "The Commons, in the next parliament, preferred a bill, reciting the said supposed act, and constantly af firmed that they never consented thereunto, and therefore desired that the said supposed act might be aniented and declared to be void; for they protested that it never was their intent to be justified, and to bind themselves and their successors to the prelates more than their ancestors had done." Notwithstanding this manly stand against the encroachment of the church, the clergy carried their point so far as to continue the act on the statute book, although it had never the assent of the Commons, and does not appear ever to have been acted upon. In the reign of Henry the Fourth, however, the clergy, irritated by the spread of Lollardy, and "taking advantage of the King's dubious title, to demand an increase of their power, obtained the act, 2 Hen. IV. c. 15, which sharpened the edge of persecution to its utmost keenness." (Blackstone, IV. 47.) By this statute, (according to the abridgment of it in the statute book,) "the orthodoxy of the Church of England was asserted," and thus some progress was made towards defining the crime of heresy; the jurisdiction of the church over it was also increased, because by it the diocesan was empowered, without the aid of a synod, to convict, and unless the offender abjured, the Sheriff was bound ex officio, if required by the Bishop, to commit him to the flames without waiting the consent of the crown. Lord Coke (3 Inst. 39), shews at considerable length, that the Ecclesiastical Court alone had the jurisdiction over heresy before this statute, as appeared by the preamble to it, and that it was made only to give the diocesan assistance in enforcing the ecclesiastical censures. "From this act," says he, "and other acts and authorities quoted in the margent, these two conclusions are to be gathered: first, that the diocesan hath jurisdiction of heresy, and so it hath been put in use in all Queen Elizabeth's reign, and accordingly so resolved by the judges, Hil. 9 James I. in the case of Legate. Secondly, that without the aid of that act the diocesan could imprison no person accused of heresy, but was to proceed against him by the censures of the church.” The clergy seem to have made good use of this statute, though, as will soon be seen, their authority was still thought not sufficiently ample. The first case under it that is reported, seems to be that of Master Thorpe, (8 Hen. IV. A. D. 1407, reported in State Trials, Vol. I. p. 17,) who was tried (if we can with any propriety use the word) before the Archbishop of Canterbury, who was then Lord Chancellor also. Thorpe was a disciple of Wickliffe, and the Archbishop appears to have seized him on the certificate of the bailiff of Shrewsbury "witnessing the errors and heresies that this losel had venomously sown there," (which are mentioned here, only to shew how undefined the crime of heresy was,) viz. That the sacrament of the altar, after consecration, was material bread-that images should in no wise be worshiped-that men should not go on pilgrimagesthat priests have no title to tythes that it is not lawful for to swear in anywise." The issue of the examination or trial was, that the Archbishop makes use of the power given by the late act, and 66 bade the constable to have him forth thence in haste, and he was brought unto a foul and dishonest pri son." It is wandering, perhaps, from our purpose, but I cannot refrain from quoting the two following passages, as exemplifying the styles and tempers of the persecutor and persecuted. Archbishop. "Lo, Sirs! this is the manner and business of this losel and such other, to pick out sharp sentences of Holy Scripture, and of doctors, to maintain their sect and lore against the ordinances of holy church. And, therefore, losel, it is that thou covetest to have that Psalter that I made to be taken from thee at Canterbury, to record sharp verses against us; but thou shalt never have that Psalter nor none other book, till I know that thy heart and thy mouth accord fully to be governed by holy church." A dispute arising about what was this holy church, Thorpe, in answer to the Archbishop's question on the subject, says, "The holy church be every one in charity, yet it hath two parts; the first and principal part hath overcomen perfectly all the wretchedness of this life, and reigneth joyfully in heaven with Christ, and the tother part is here yet in earth, busily and continually fighting, day and night, against temptations of the fiend, forsaking and hating the prosperity of this world, despising and withstanding their fleshly lusts, which only are the pilgrims of Christ, wandering toward heaven by stedfast faith and grounded hope and by perfect charity for these heavenly pilgrims may not nor will not be letted VOL. XII. 3 z of their good purpose, by the reason of any doctors discording from holy Scripture, nor by the floods of any tribulation temporal, nor by the wind of any pride of boast, nor of menacing grounded upon the sure stone Christ, of any creature, for they are all fast hearing his word and loving it, exer, cising themselves faithfully and continually in all their wits to do thereafter." ham, followed, in 1 Heu. V. A. D. The trial of Oldcastle, Lord Cob1413. (See State Trials, Vol. I.) This was also a proceeding for similar of- ́ fences in the Ecclesiastical Court, and that this case gave occasion to the it appears at the end of the report, parliament passing the second heresy act, viz. 2 Hen. V. c. 7, by which Lollardy was made a temporal, as well as spiritual offence, indictable in the observes, " did not thereby gain an King's Courts, which, as Blackstone exclusive, but only a concurrent jurisdiction with the Bishop's consistory." Before this statute, however, it is perfectly clear that heresy was a mere spiritual offence, to which state it was brought back by the subsequent repeal of this act. There was no common law forfeiture of goods, &c., on conviction for heresy, till the stat. 2 Hen. V. " because the proceeding therein is merely spiritual, pro salute animæ, and in a court that is no court of record, and, therefore, the conviction of heresy worketh no forfeiture of any thing that is temporal." (Coke 3 Inst. 41.) proceedings which took place by inLord Coke describes the kind of dictment, under this statute, against Lollardy, "which opinions," he adds, "were so far from heresy, as the makers cause to limit what heresy was." of the statute of 1 Elizabeth had great They then indicted offenders in general words, for writing "falsas billas et scripturas seditiosas et nonnulla fidei et doctrinæ Christiane contraria continentes," &c. "which indictments also," he observes, insufficient in law." The spiritual were utterly courts also proceeded against offenders, though the Court of King's Bench frequently interfered by habeas corpus to prevent the abuse of their authority. In particular, in Mic. 5 Edw. IV. 143, the case of John Keyser occurred, as mentioned by Lord Coke, (3 Inst. 66 41,) who was brought up and discharged by Sir John Markham, as having committed no heresy within the statute. The offence for which he was committed by the Archbishop, seems to have been neither more nor less than that of doubting the effect of excommunication on his wheat crop, upon which the archbishop appears to have thought it would operate as a blight. Having been excommunicated, "the said Keyser openly affirmed that the said sentence was not to be feared, neither did he fear it. And Albert, the Archbishop, or his commissary, hath excommunicated me, yet before God I am not excommunicated;' and he said he spake nothing but the truth, and so it appeared, for that the last harvest (standing so excommunicate), he had as great plenty of wheat and other grain as any of his neighbours, saying to them in scorn, (as was urged against him,) that a man excommunicate should not have such plenty of wheat!" Heresy continued coguizable in this manner for a long period, and the next material feature in its history, is the necessity which the reformation created, of defining it a little more according to the existing standard of orthodoxy. The stat. of 25 Hen. VIII. c. 14, was then passed, which repealed the 2 Hen. IV. c. 15, and took all offences against the Church of Rome out of the list of heresies, and the ordinary was in other ways shackled in his jurisdiction, in order to give the temporal power a controul over his measures. And yet, as Blackstone observes, "the spirit of persecution was not abated, but only diverted into a lay channel," for 31 Hen. VIII. was passed an act, entitled, "An Act for Abolishing Diversity of Opinions in certain Articles of Religion," commonly styled the bloody law of the Six Articles, by which certain points of popery, the impugning of which had just been declared no heresy, "were determined and resolved by the most godly study and pain of his Majesty;" and impugners of some of these points were declared heretics, and to be burnt, and of others to be felons and suffer death. A motley jurisdiction was also established, combined of the spiritual and temporal powers, for the trial of such heresies. In the reign of Edward VI. a more liberal spirit appeared for the moment, and an act was passed in the first year of his reign, c. 12, "the most admirable and excellent statute ever passed by the English legislature," which, amongst other things, repealed “all and every act of parliament concerning doctrine or matters of religion." This might, indeed, be styled an act of toleration, but its duration was short, for soon after was passed the Act of Uniformity, which falls more properly under our second head. In the reign of Mary all the acts for suppression of heresy were fully revived, and enforced, it is needless to observe, in their full rigour; but in the reign of Elizabeth a great change took place both in the definition of the offence and the jurisdiction over it. The 1 Eliz. c. 1, was the first legislative measure of her reign, and by it all the laws for assisting the ecclesiastical jurisdiction, and creating the temporal jurisdiction over heresy, were abolished. It was declared, that no tenets should be considered heretical by the High Commission Court, established by the act, but those which had been settled to be so; first, by the words of the Canonical Scriptures; or, second, by the first four general councils, or such others as have only used the words of Scripture; or, third, which should hereafter be declared such by parliament, with the assent of the clergy in convocation. This statute restored the old ecclesiastical jurisdiction over heresy, as it stood previous to the several statutes on that subject. "So that no statute (as Lord Coke observes), standeth now in force, and at this day no person can be indicted or impeached for heresy, before any temporal judge or other that hath temporal jurisdiction." This statute, however, also appointed a court of high commissioners, to whom a jurisdiction was given over heresies, errors, schisms, abuses, &c., under a restriction against declaring any thing to be heresy, but the points above-mentioned, which restriction has generally been considered as good direction to the common ecclesiastic courts, although applied by the statute only to the court of high commission, which was abolished by 16 Car. I. c. 11. (Burn's Eccles. Law, Tit. Heresy.) The old jurisdiction was, however, |