him, which gave him a right to retalic admit, either that his protege was perate, that he was speaking, not merely jured, or that he, the Reviewer, is what without evidence, but in spite of evi. I have too much respect for myself to dence to the contrary.

call him. Neither is it possible but that he In truth, it would not be easy to must also have known, that in the very devise any thing more palpably abAffidavit, * from which he quotes, the surd, as well as wicked, than the conDefendant had sworn that which was duct of the Defendant on this statedirectly inconsistent with the justific ment of his new ally. One Clergyman, cation drawn for him by the Review the Reviewer says, attacked him in a er, out of the garbled passage of my pamphlet seven or eight months bepamphlet. In that Affidavit it is de- fore; therefore he falls foul on twenty posed, that the libel solely refers to the other Clergymen for doing that, which Clergy of Durham, and to them because it is not pretended that the original of their conduct at the deceuse of the late offender could have joined them in doQueen. Now to that body I did not ing ;—and this, it seems, is called at belong: over the bells of any church Edinburgh an exercise of the right of in Durham I had no more control retaliation. than the Defendant, or his Reviewer. Of this same Clergy the Reviewer afThis latter personage, therefore, must terwards asserts, that “the triumph of

And this deponent, &c. “ That among other tokens of respect usually paid to the Royal Family of these realms, it hath been notoriously customary, upon the demise of the Queen Consort, and every member of the Royal Family, (though not directed or enforced by law) for the Clergy of the Established Church to solemnize the event by toll. ing, or causing to be tolled, the bells of the respective Cathedrals and Churches, (a practice which this deponent humbly conceives is not only dictated by the best feelings, but is in unison with and corroborative of the constitutional respect and honour due to the family of the reigning King,) and that the omission of that tribute of respect on the decease of any member of the Royal Family is not only repugnant to the feelings of Englishmen, but is a direct insult' to the Sovereign on the throne. That on or about 1he 7th day of August now last, her late most gracious Majesty Caroline Amelia Elizabeth, Queen Consort of his present Majesty, died, to the great grief of the nation. That although this deponent has been informed, and verily believes, that the customary solemnity above mentioned was duly observed on that melancholy event in almost all the Cathedrals and Churches of the Establishment throughout the land, including the collegiate Church of St Paul's, and other churches in London, yet there was, to this deponent's per. sonal knowledge, one exception thereto, which exception was in the city of Durham, where this deponent resides, the bells of the Cathedral and Churches of which Episcopal City were suffered, by the beneficed Clergy and Pastors thereof, to remain, on that mournful occasion, silent. That in the exercise of his best judgment, he, this deponent, did consci. entiously conceive (and he trusts rightly) that an insult so openly and publicly levelled against his Majesty and the Royal Family, demanded animadversion, equally open and public, apd particularly as such insult emanated from a portion of the community so powerful, wealthy, and considerable, as the ecclesiastics of Durham, inasmuch as the pernicious example was likely to be attended with consequences proportionably injurious to the House of Brunswick, and thereby to the nation at large. And that under that impression, and also under the impression that his respect for the person and family of his Majesty could not be more appropriately evinced on that painful occasion than by expressing his indignation at such conduct, and moreover participating in the grief that then prevailed in every quarter of the country for the untimely decease of her late Ma. jesty, he, this deponent, did, in pursuance thereof, and in the exercise of his rights as an Englishmari, and of his duty as a public journalist, publish the article or paragraph set forth in the affidavit of the said James Southron. And that in publishing the said article or paragraph, he referred solely to the conduct of the Clergy of Durham, and not to that of the Church of England generally, (except in so far as the con. duct of so important and influential a body as the Clergy of Durham must neces. sarily affect the character and interests of the Clergy of the kingdom at large ;) and that in publishing the said article or paragraph, he, this deponent, was not actuated in the least degree by motives of malice or ill-will towards the Clergy of the city of Durham, much less towards the Clergy of any other part of the united kingdom, and that such unworthy feelings are as alien to his this deponent's known temper and character, as would be the voluntary and intended forbearance to exhibit suitable marks of sorrow on the decease of the Queen Consort of a King of England."

one exception to this very creditable fact, Royal Family, and could not be refused which demands especial notice. In this without offering an affront to that Illustrious episcopal city, containing six churches, in. House, and especially to its august Head. dependently of the Cathedral, not a single This notable piece of vulgar sycophancy, as bell announced the departure of the magna- disgusting, beyond all doubt, to the Prince nimous spirit of the most injured of Queens whom it was clumsily intended to flatter, as -the most persecuted of women. Thus to the people whose honest and genuine the brutal enmity of those who embittered feelings it was meant to outrage, naturally her mortal existence, pursues her in her called for observation from Mr Williams, shroud. We know not whether actual or- as the conductor of an independent journal ders were issued to prevent this customary published in Durham. His remarks, which sign of mourning; but the omission plainly have exposed him to this prosecution, are indicates the kind of spirit which predomi- strong, and indicate some warmth of indignates among our clergy. Yet these men nation, such as probably every unbiassed profess to be followers of Jesus Christ, to mind felt upon the occasion. He states the walk in his footsteps, to teach his precepts, fact; contrasts the silence of the bells at to inculcate his spirit, to promote harmony, Durham with the almost universal tribute charity, and christian love! Out upon such of respect rendered by other Cathedrals and hypocrisy! It is such conduct which ren- Churches ; and comments upon such pro. ders the very name of our established Cler- ceedings as indicative of an implacable spirit gy odious till it stinks in the nostrils ; that in those who had done their utmost to emmakes our churches look like deserted set bitter the Queen's existence, and whom pulchres, rather than temples of the living even her mournful end had not been able God; that raises up conventicles in every to soften. He, not unnaturally, exclaims 'corner, and increases the brood of wild fa. upon the marked inconsistency of such con. natics and enthusiasts ; that causes our be- duct with the precepts of our religion, and neficed dignitaries to be regarded as usurp- the example of its humane and charitable ers of their possessions ; that deprives them founder ; and asserts, that such men are the of all pastoral influence and respect ; that, worst enemies to the Establishment, making in short, has left them no support or prop in its temples be deserted, and filling the ta. the attachment or veneration of the people. bernacles of the sectaries. Such is the subSensible of the decline of their spiritual and stance of the remarks, which the Clergy moral influence, they cling to temporal found it easier (possibly it may not in the power, and lose in their officiousness in po- end prove safer) to prosecute than to an. litical matters, even the semblance of the swer." character of ministers of religion. It is impossible that such a system can last. It is at war with the spirit of the age, as well as with justice and reason ; and the beetles who crawl about amidst its holes and crevices, act as if they were striving to provoke and accelerate the blow, which, sooner or later, will inevitably crush the whole fabric, and level it with the dust."

a

In order to estimate duly the faire provoked and unparalleled, is "to deness of the Reviewer, in giving to his mand from the civil power that all readers such a description of such a objectors be put to silence, because libel,--stripping it, in fact, of every the church and its members are sasingle expression, which marks its li- cred;"_" to stifle all discussion of bellous character,-it must be borne their system and their conduct;"in mind, that throughout the whole “to bear down by the intolerable opo of his long article, extending to nearly pressions of the law a defamed and in thirty pages, he has not found room jured person, writing in self-defence, for a single line of the libel itself. and claiming only to retaliate on his What honest motive can be assigned calumniators." for such a suppression? Why is he Of the speeches of the advocates, as thus anxious to hide from his readers quoted in this Review, it is not my the extent of the Defendant's crime? intention to say much. That Mr ScarBecause in his profligate disregard to lett, in the able and honourable disa truth, he chose to say, and wished to charge of the duty undertaken by him, have it believed, that the prosecution afforded inadvertently one sinall openof this libel, and the attempt to pro- ing of which advantage was made by tect the clergy from slanders so un- his opponent, would be of itself not worth remarking ;-that Mr Brough- speech, even without the applauding am should greedily seize, or make, an comment of his Reviewer: * Though opportunity of repeating, in language delivered in support of a defence, it more abusive even than that of his contains nothing at all apologetical, client, the charge of hypocrisy against and not much that can be represented the Durham Clergy, may be natural as even conciliatory. It is criminaenough :--that the Reviewer should tive, contemptuous, and defying. The quote at full length, and with entire tone throughout is that of proud supeapprobation, the passage which de- riority and command ; and its general scribes them as s the most consum- strain and character may be compenmate of hypocrites,” was quite a mat- diously described by the single word, ter of course ;--but that the charge terrible." itself was wholly without foundation, Happily, there is one other word, that no such instructions were given the force of which is not yet forgotten to the Counsel for the prosecution, as in an English Court of Law-TRUTH. Mr Brougham assumed, and the Re- Truth is there enthroned, as in her viewer echoed, has been proved by proper seat: and while the Sovereignthe publication of the instructions ty of Truth is felt and acknowledged themselves, a publication extorted by there in that Sanctuary of Reason, the calumnies of this Review.* Liberty and Justice-we may despise

In truth, this eagerness to pervert all the terrors of Mr Brougham's eloone incidental, perhaps unguarded, quence, and the predictions of his paobservation of Mr Scarlett, to a mean- negyrist. Nay, we may even hear ing as little contemplated by himself, without dismay, what we have since as it was wholly unmerited by those been told,+ on the alleged authority who were made its objects, is only an of the Defendant, that Mr Brougham's additional evidence of the spirit in real object was obtained, not in the which the defence was conducted, and acquittal of the Defendant-that, it of the purpose it was designed to serve. seems, was a hopeless matter—but by No man, who reads the report of Mr exciting in the crowd that heard him Brougham's speech, can imagine that feelings hostile to the Clergy. If this the safety of his client was on this oc- indeed be true, the object and the casion (whatever it may be on others) means, the man and tho occasion, the sole or the principal end to which were admirably, assorted ; unity and he looked. That he had another, and, consistence are thus given to the whole as he doubtless thinks, a worthier ob- proceeding; and the friends of the ject to animate his efforts, inight be respective parties may exult to see inferred from almost every part of that bound up in one indissoluble knot

“ In p. 375, it is said, ' It is well known that the defence of the Durham Clergy against the charge of having stood single among their countrymen, in withholding from the late Queen the accustomed marks of respect, consisted in saying, that though they said less than others, they might feel as much ;' and a quotation is given from the speech of Mr Brougham, in which he speaks of the Clergy of Durham having instructed their chosen official advocate to stand forward with this, as their defence.

“ I by no means presume to condemn the learned Gentleman for endeavouring to ex. cite an impression so favourable to his client, nor for seizing on any part of the address of the Counsel for the prosecution, which could be made to bear the semblance of sucli a meaning. But I feel it due to truth and justice to declare solemnly before the worid, that no such instructions were given-no such ground was ever contemplated by me, as a defence for the Clergy, on account of their not ordering the bells of their churches to be tolled.”—Extract from a Letter of Mr P. Bowlby, Solicitor for the Prosecution, to the Editor of the Durham Advertiser.

+ " When I observe the use which has been unremittingly made of Mr Brougham's speech on the occasion by the Defendant, by the newspapers which make common cause with him, and at length even by one of the most widely-circulated literary journals of the day, I feel it my duty to state publicly, and I do so without fear of contradiction by the Defendant, for he himself has asserted the fact, that the chief object of Mr Brougham's address was gained, in his having succeeded in exciting in the public mad feelings hostile to the clergy, and that the acquittal or conviction of this defendant was a matter of a secondary consideration." -Letter of Mr Bowlby.