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with a persuasion it was lasting; and now, when a few days would be worth a hecatomb of worlds, I cannot flatter myself with a prospect of half a dozen hours.

“How despicable is that man who never prays to his God, but in the time of his distress! In what manner can he supplicate that Omnipotent Being in his affliction with reverence, whom, in the tide of his prosperity, he never remembered with dread! Do not brand me with infidelity, when I tell you I am almost ashamed to offer up my petitions to the throne of grace; or of imploring that divine mercy in the next world, which I have so scandalously abused in this. Shall ingratitude to man be looked on as the blackest of crimes, and not ingratitude to God ? Shall an insult offered to the king be looked on in the most offensive light; and yet no notice taken when the King of kings is treated with indignity and disrespect ?

"The companions of my former libertinism would scarcely believe their eyes, were you to shew them this epistle. They would laugh at me as a dreaming enthusiast, or pity me as a timorous wretch, who was shocked at the appearance of futurity. They are more entitled to my pity than my resentment. A future state may very well strike terror into any man who has not acted well in this life; and he must have an uncommon share of courage indeed, who does not shrink at the presence of God.

“You see, my dear Doctor, the apprehensions of death will soon bring the most profligate to a proper use of their understanding. I am haunted by remorse, despised by my acquaintance, and, I fear, forsaken by my God. There is nothing so dangerous, my dear Doetor, as extraordinary abilities. I cannot be accused of vanity now, by being sensible that I was once possessed of uncommon qualifications ; as I sincerely regret that I was ever blest with any at all My rank in life still made these accomplishments more conspicuous; and, fascinated with the general applause which they procured, I never considered about the proper means by which they should be displayed. Hence, to purchase a smile from a blockhead, whom I despised, I have frequently treated the virtuous with disrespect; and sported with the holy name of heaven, to obtain a laugh from a parcel of fools, who were entitled to nothing but my contempt.

"Your men of wit, my dear Doctor, look on themselves as discharged from the duties of religion ; and confine the doctrines of the Gospel to people of meaner understandings; and look on that man to be of a narrow genius who studies to be good. What a pity that the holy writings are not made the criterion of true judgment! Favour me, my dear doctor, with a visit as soon as possible. Writing to you gives me some ease. I am of opinion, this is the last visit I shall ever solicit from you. My distemper is powerful. Come and pray for the departing spirit of the unhappy-BUCKINGHAM.

COLLECTANEA. Tue St. SIMONIANS.—Some interest has been excited in France, by a Government prosecution of this Society. At the assizes of the Seine on Monday, the 27th of August, Propser Enfantin, a very fine looking man, the father of the Society, and four others, named Chevalier, Rodrigues, Barrault, and Duveyrier, were charged with having formed an association of more than twenty persons for religious and political objects; and for having published doctrines respecting women of a highly immoral tendency. The four last prisoners defended the principles of the society. Father Enfantin said, that, as he was charged with broaching doctrines of an immoral tendency, he should wish for two women chosen from the family to defend him. They could best speak to the nature of his doctrines. This request was refused by the Court. The father then defended his doctrines relative to woman, who, he said, ought to be free and unbound by any such ties as marriage. He said the enfranchisement of woman occupied all his thoughts. The Saviour had come into the world to save all mankind, but woman was still excluded from the temple, and the St. Simonians would cause them to be admitted, for the moral and intellectual powers of the woman were equal to those of the man. He appealed to the Female Messiah who would come to release woman from slavery and prostitution, and declared that he believed himself to be the precursor of that Messiah as St. John was of Christ. The Jury found the defendants guilty. The Court condemned Enfantin, Duveyrier, and Chevalier to one year's imprisonment, and fine of 1000 frs.; but sentenced Rodrigues and Barrault only to pay a fine of 50 frs. each. The Court also decreed the dissolution of the St. Simonian association. Father Enfantin heard the sentence with great calmness, and entreated “his sons," or disciples, to support with silent resignation and courage this new persecution.

STATES OF THE CHURCH-ITALY.-The territories which are at this day immediately subject to the temporal dominion of the Roman Pontiff, have grown into shape, chiefly out of the pious fears or gratitude of his predecessors' princely servitors. Pepin, King of France, having found a ready tool in Pope Stephen the Second, as a reward for his subserviency recognized the prerogative of the Bishop of Rome to expound the Divine will in the distribution of temporal crowns. This was the germ of that temporal authority, to which subsequent Popes laid such lofty claims. After Astolphus' overthrow, in 754, the same monarch bestowed the Exarchate of Ravenna upon his spiritual ally; and his successor, Charlemagne, followed the example by adding Perugia and Spoleto to this donative. Three centuries afterwards, the dukedom of Benevento was presented to the See of Rome by Henry the Third, Emperor of Germany; and its acquisitions were again enriched in the twelfth century, by Matilda, Countess of Tuscany, who made a free-will offering to the celebrated Hildebrand of that portion of the States of the Church, which is denominated the "Patrimony of St. Peter.” In 1532, Lewis of Gonzaga acquired by conquest, as leader of Clement the Seventh's forces, the Mark of Ancona : and shortly after this, the election of Julius the Second added the dukedom of Urbino to the papal dominions; that dukedom having fallen to him as a family inheritance. The victorious arms of subsequent pontiffs incorporated Orvieto, the dukedom of Castro, and the earldom of Romiglione with the territories of the See of Rome. As a member of the confederacy against revolutionary France, the vengeance of her government fell heavily on Pius' head, in 1796, when his States were converted into a republic. The new order of things did not, however, survive the evacuation of his dominions by the invader ; upon whose departure, he was reinstated : and he preserved his temporalities until the year 1808, when Napoleon incorporated them with the kingdom of Italy. Two years afterwards, the conqueror's senate declared them an integral part of the French Empire, but scarcely had another four years revolved, before that empire itself had ceased to exist, and the Pope stood re-possessed of his inheritance. The administrative organization of the States of the Church, under the decree of October 24, 1824, divided them into fourteen provinces, the present population of which may be estimated at 2,700,000 souls, of whom 320,000 belong to the Legation of Bologna which takes precedence of every other province, in number of inhabitants, and 161,500 to the Delegation of Ancona. We possess no classification of that population of a later date than the year 1827; at which time we find the religious portion of the community to have amounted to 53,484 individuals of both sexes; namely, monks and friars, 10,598; ecclesiastics, 34,602; and nuns, 8,284. So far back as 1810, there were 119 monasteries in Rome, in which 1465 members of religious communities were resident, one third of whom belonged to the order of mendicants ; at that period likewise there were no less than fifteen cathedral chapters within the walls of the Roman capital : and, beyond them, there were 240 monasteries, with 1755 resident members. In the same year, and it was at a time when the states of the Church formed one of the departments of the French Empire, their ecclesiastical establishment consisted of

22 Bishops and Abbots, with episcopal rights,
1800 Members of Chapters, and other capitulars.

665 Parochial Ministers.
1575 Vicars and Assistant Priests.
3196 Members of Religious Orders, resident in Convents.
2657 Nuns.

9915 On a comparison of the gross numbers at the two periods, 1810 and 1827, the increase will indeed appear to have been most extraordinary.

BENEVOLENCE.—What indeed can be more worthy the Prince of Peace and merciful Saviour, than the injunction of that virtue which promotes the welfare of the universe ? Benevolence increases good, and lessens evil: with the fortunate it exults, with the afflicted it mourns; it gives food to the hungry, and raiment to the naked; it affords protection to the weak, and counsel to the ignorant; it binds up the wounds of the stranger, and breaks the chain of the captive. Benevolence is a father to the orphan, a husband to the widow, a champion to the oppressed, and a friend to all: it checks the quick reply, and arrests the uplifted arm ; its lips distil gentleness, and its band disseminates joy. Unawed by superstition and untainted by prejudice, it casts an eye of benignity upon every party; disregarding the rules of a narrow policy, it scorns to be confined within the boundaries of a nation ; to every kindred and language and people it bears the olive ; and wherever it beholds a man, it wel. comes a brother,

SAMUEL Hoote.

LAW REPORT.

No. VIII.-ON THE BURIAL OF A DISSENTER BY A CLERGYMAN,

AND ON LAY BAPTISM.
ARCHES COURT OF CANTERBURY, MICHAELMAS TERM, 1809.

Kemp v. Wickes.- Concluded from p. 644.) It seems by no means proper, how- are not contrary to, nor defective in, ever, wholly to pass over the view that which the Christian Church uniwhich may be taken of this subject as versally holds to be essential, that is, affected by the Toleration Act. By provided they are Christians ? This that act, an important change was appears to be a necessary conseworked in the situation of his Majes- quence of the Toleration Act. The ty's Protestant Dissenting subjects; manner in which that act has been and the baptisms now administered considered by other Courts is not alby Dissenting Ministers stand upon together foreign to the consideration, very different grounds from those by Its general principle was much canmere laymen. There were many

vassed in the famous case of Evans v. laws, both of Church and State, re- The Chamberlain of London. The quiring conformity to the Church, particular circumstances of that case creating disabilities, imposing penal- are foreign to the consideration of ties, and denouncing excommunica- this. The case began in a jurisdictions upon

all non-conformity. Now, tion in the city. It was afterwards supposing that during the existence appealed to a commission of the of these disabilities it could be main- Judges, and then to the House of tained, that in point of law no act of Lords; and, in the first of the stages non-conformists could be recognized of the appeal, a very eminent judge, in a court of justice, and therefore Mr. Justice Foster, thus expressed that a baptism administered by such himself in his judgment: “The depersons could not be noticed at all, fendant does not plead the Toleration either by the Church or by the courts Act to excuse one offence by another; administering the law of the Church, but to shew that, although the Rubric yet could it be maintained now that did require conformity in all things, such a baptism was to be considered yet by the Toleration Act the Rubric as a mere nullity? If such could have is taken out of the way, and does not been considered as the view of the extend to his case. The Act of Tolaw before the Toleration Act, yet leration is not to be considered merely that act would change the whole as an act of connivance; it was made shape of the thing: that act removed that the public worship of Protestant the disabilities; it allowed Protestant Dissenters might be legal, and they Dissenters publicly to exercise their might be entitled to the public proworship in their own way under cer- tection.” So again Lord Mansfield, tain regulations; it legalized their in the House of Lords, said, “Conministers, it protected them against science is not controllable by human prosecutions for non-conformity. laws, nor amenable to human tribu

Now, their ministers and preachers nals; and attempts to force conbeing allowed by law (and so far as science will never produce conviction. that goes they are lawful ministers Non-conformity is no offence by the for the purposes of their own wor- common law, and the pains and peship),--their worship being permitted nalties for non - conformity to the by law—their non-conformity being established rites of the Church are tolerated, — could it any longer be repealed by the Act of Toleration.” said, that rites and ceremonies per- This shews something of the general formed by them are not such as the view taken of that statute by the law can recognize in any of his Ma- judges of the common law. Acts of jesty's Courts of Justice, provided they Non-conformists are now legalized ;

VOL. XIV. NO, XII.

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and they are to be recognized, and eminent and learned prelate of the were upon that occasion recognized, Church, the late Bishop Warburton, in Courts of law. Indeed, the Legis- be true, he is another practical autholature itself (as has been pointed out) rity. The circumstance I allude to has recognized the baptism of Dis- was this. A person who had applied senters; for stat. 23 Geo. III. c. 67. for holy orders, but was rejected, which laid a duty upon registers of went into the country pretending that baptisms by the Church, was extended he was ordained; and he performed by stat. 25 Geo. III. c. 75. to the various sacred functions, and among registers of baptism of Protestant Dis- others he adıninistered baptism in senters. Both are now repealed : but

very many instances.

When it was the passing of that second statute is a at length discovered that he had not recognition of baptism by Protestant been ordained at all, the parents of Dissenters.

the children, who had been baptized Protestant Dissenters then, being by him, felt considerable uneasiness, allowed the exercise of their religion, and wished the Minister of their pabeing no longer liable to pains and rish to re-baptize their children. The penalties, their Ministers lawfully clergyman of the parish very properly exercising their functions,—the rites consulted his diocesan, Bishop Warof that body being allowed by the law, burton : but the Bishop charged him --it can no longer be considered that on no account to re-baptize the chilany acts and rites performed by them dren; for that the baptism already are such as the law cannot in the due administered, though performed by a administration of it take any

notice mere layman, was a valid baptism, whatever of, or that a baptism per- and that the church did not allow a formed by them, when attended with re-baptization. This fact, if it be what our own Church admits to be true, (and the Court has no reason to the essentials of baptism, is still to be doubt it) at the same time that it does looked upon as a mere nullity, or that honour to this distinguished prelate infants so baptized are to be rejected by shewing how accurately he had from burial as persons unbaptized at studied the law and the constitution all, or in other words (though that of the Church of which he was a has been disavowed by the counsel ruler, is another authority in opposiin the argument) as not being Chris- tion to the almost only authority tians--for the Court finds it difficult which has been relied upon on the not to concur with the learned coun- other side, and that is Mr. Wheatley. sel who spoke last, that unbaptized Now, if the character and the reand not being Christians amount to putation of the different writers were pretty much the same thing.

to be matter of consideration, there Having thus examined the law itself, could not be any great doubt whether it may seem superfluous to consider the weight lay with Hooker and what may be the opinions of ecclesias- Fleetwood and the other persons who tical writers upon the subject : but have been referred to, or with Mr. they lead to the same conclusion. The Wheatley : but if the writings themopinion of the learned Hooker has selves be examined, the difference been stated : his eminence has been may perhaps be still more strikreferred to and admitted on all sides, ing. In the former writers, particuand it cannot be placed in a higher larly in Hooker and Fleetwood, there point of view by any observation that are not only great powers of reasonwould fall from the Court.

ing, but accurate references to legal accurate and careful examination of authority. In the latter, there is a this question by Bishop Fleetwood great deal to be found that rests upon has been stated. They are both of assertion, and assertion only. This them decidedly of opinion that lay writer, among other things, maintains baptism is legal and valid, according that no person is to be buried but to the law of the Church. Watson's those who are baptized by the EstabClergyman's Law, and Bishop Burnet, lished Church : nay, he seems to go have also been referred to; and if further, that no persons are to be what has been related of a very buried but those whose baptisms have

The very

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