> Origin and History of Benefit of Clergy. effected in the reign of Elizabeth, and the party, after being allowed his clergy and burnt in the hand, was to be discharged without any interference of the church to annul his conviction.* The clerical process being thus abolished, it was thought proper, at the same time, to empower the temporal judges to inflict a further punishment where they should regard it as proper. The 18 Eliz. c. 7. empowered them, therefore, to direct the convict to be imprisoned for a year or any shorter period. But the law on this subject was still in many respects imperfect. Females were still liable to the punishment of death without any exemption, in all cases of simple felony; because being never eligible to the clerical office, they were not included in any of the extensions of the benefit of clergy. No other proof need be adduced to show the absurdity of the very foundations of the system. At length it was enacted that women convicted of simple larcenies under the value of 10s. should be punished with burning in the hand and whipping, exposure in the stocks, or imprisonment for any period less than a year. And in the reign of William and Mary they were admitted to all the privileges of men, in clergyable felonies, on praying the benefit of the statute; though they can only once be allowed this means of escaping. In the same reign, the punishment of burning in the hand was changed for a more visible stigma on the cheek, but was soon afterwards brought back to the original practice.** Hitherto all laymen except peers, who, on their conviction, were found unable to read, were liable to suffer death for every clergyable felony. But it was at length discovered, that ignorance instead of an aggravation was an excuse for guilt, and that the ability to read was no extenuation of 447 crime; and, therefore, by 5 Ann, c. 6, the idle ceremony of reading was abolished, and all those who were before entitled to clergy on reading, were now to be admitted without any such form to its benefits. At the same time it was sensibly felt that the branding, which had dwindled into a mere form, and the year's imprisonment which the judges were impowered to inflict, were very inadequate punishments for many clergyable offences; and, therefore, the court were authorized to commit the offenders to the house of correction, for any time not less than six months nor exceeding two years, and to double it in case of escaping. §§ Further alterations have since been made in the penalties consequent upon clergy. The 4 Geo. I. c. 11, and 6 Geo. I. c. 23, provide, that the court on the allowance of this benefit, for any larceny whether grand or petit, or other felonious theft not excluded from the statutable indulgence, may, instead of judgment of burning in case of men, and whipping in that of females, direct the offender to be transported for seven years to America, which has been since altered to any part of his majesty's colonies. T¶ To return within the period was, at the same time, made felony without benefit of clergy. And by several subsequent provisions, many wise alterations have been made respecting transportation, and the mode of treating offenders while under its sentence.* At length the burning in the hand was entirely done away, and the judges are empowered to sentence the criminal, in its room and in addition to the former penalties, to a pecuniary fine, or, except in the case of manslaughter, to private whipping, not more than thrice to be inflicted, in the presence of three witnesses. Provisions were at the same time made for the employment of this description of convicts in penitentiary houses, where a system of reformation might the infirmities of the human frame, exempting offending individuals in some cases from the punishment of death, and subjecting them to milder punishment; and therefore in the case of elergyable felonies, we now profess to measure the degree of punishment by the real enormity of the offence, and not as the ignorance and superstition of former times sug gested, by a blind respect for sacred persons or sacred functions, nor by an absurd distinction between subject and subject originally owing to impudent pretension on one hand, and to mere fanaticism on the other.T MISCELLANEOUS COMMUNICATIONS. SIR, Kilworthy, near Tavistock, the object is previously described, or specified. The Article is only an the modern of having indicated ta's notion of the Greek Article been stated to the ancient Philosophers of Athens, they would probably have inquired May we know what this new doctrine, whereof thou speakest, is?" Aristotle regarded the Article as a term of no signification in itself, detached from the sentence in which it occurs. appov de boti owry donμos, ἢ λόγου ἀρχὴν, ἤ τέλος, ἤ διορισμὸν casi. C. 20, De Poetica. In his estimation, the Article served only as indicative of a certain object of sense, or of intelligence. tended, it does no more: thus the index of a barometer points to the mercury, but the eye ascertains the degree of its elevation. Mr. Tooke, in his "Diversions of Purley," says that the Article is "a mere substitute for a particular term"-to do that which, on the contrary is done by another principle, namely the eye or the mind. "Sed pulchrum est Digito Monstari, et dicier, Hic est." PERSIUS. It is perhaps worthy of observation, that both Aristotle and Euclid fre quently omit the Article in their reApollonius, the grammarian, respective definitions as to the subject, marks that some indications are ocular, and some are mental.—τὰς μὲν τὴν ὄψεων εἶναι δείξεις, τὰς δὲ τα 98. De Syntaxi, L. 2, C. 3. The primary force of the definite Article consists merely in directing the eye, or the attention to an object; and the definitive power assigned to it is rather an effect of the sight, where the object is present, or of the mind in drawing the necessary inference, where * 19 Geo. III. c. 74. s. 5 to 27. +4 Bia. Com. 371, 2. of See Montague's Collection Opinions on the Punishment of Death, vol. 2. § 24 Geo. III. st. 2. c. 56. III. c. 24. 34 Geo. III. c. 60. II. c. 52. 28 Geo. 39 Geo. 25 March, 1802. 2 Will. J. 443. Id. 488. and predicate. Θες δε ενέργεια, ἀθανασία· τετο δε εστι ζωή αΐδιος. Arist. de Carlo, L. 2, C. 3. The inscription on the Altar at Athens, to which the Apostle alluded in his speech on Marshill, was without the Article-AyyworW Jew but Paul applies the Article to the name of the Deity, which he announced. Dr. Middleton asserts that the Greek Article is the pronoun relative, which, he thinks, has no resemblance to the definitive Article-the-in-English; but though it be granted that was originally a pronoun, it is no more a pronoun now, than it is a verb or adjective. The Monthly Reviewer of his book, has justly maintained the superiority of the English over the Greek Fost. 305, 6. Mr. Howe on Morul Improvement. in precision, by the means of the indefinite-an-in combination with the definitive. Dr. Carpenter has truly remarked, that Dr. Middleton's exceptions and limitations furnish sufficient testimonies that Mr. Sharp's construction of the controverted passages is not required by the Greek idiom. Dr. M. says "that all nouns are excluded from the rule, except those which are significant of character." When 3:05 is subject to the rule, it signifies nothing more than a divine character; to which every Christian ought to aspire. I am desirous of expressing a hope that your able correspondent, Dr. Charles Lloyd, will not allow "the victory to be silently conceded." Silence is not always an occasion of triumph. The Trojan Chief, though clad in the armour of Achilles, boasted not of victory, while the Grecian Hero was silent in his tent. Why will not Dr. Lloyd himself, or his worthy friend, Mr. R. Taylor, promote the interests of Biblical criticism, by communicating to your Repository their view of those principles, which prove to demonstration that the Deity of Christ is not to be inferred by any right application of the Article to passages in the New Testament. Truth," says Berkeley, "is the cry of all, but the game of a few." If they interfere to decide this controversy, we may then say with the bard— "This battle fares like to the morning's ing light." A doctrine that depends, like the Deity of the Logos, on the application of an Article, in a dead language, while in living languages it varies with the thoughts of men, and their natural idioms, may be pronounced, in the Latin of Papal Benediction, to be "In articulo mortis." I am, Sir, with great respect, &c. WILLIAM EVANS. P.S. Such a contribution as I have thus solicited would not supersede a separate publication, prepared by Dr. Lloyd, on the Greek pre-positive Article. Professor Porson communicated seven of his "Letters to Travis," to be inserted in the Gentleman's Magazine. 449 the subjects of these realms, even the poorest among them, to the honourable rank of kings, without endangering their allegiance to our rightful sovereign King George. Should it on the perusal meet with your approbation, it is very much at your service for insertion in your valuable Repository. "Your occasional Correspondent, T. HOWE AMBITION is natural to man, and the mind destitute of all species of it, (if such a supposition may be admitted) would be dormant and inactive. Feeling no stimulus for exertion, it would. remain stationary, and make no improvement in science, or any other excellent attainment. It would resemble a vessel on the bosom of the ocean, so becalmed as to make no progress in any direction. Motives of ambition of some kind or other are as necessary to put the mind in motion, and call forth its latent energies, as the wind at sea to waft the sailing ships to their desired ports. Whether in any supposed case it be censurable or laudable, depends upon the object to which it is directed. From early association of ideas, from hearing the pleasures, riches and honours of the world highly extolled, young persons are led to estimate them beyond their due value. As they advance in years, some or other of these objects present themselves to excite their ambition. Rank and pre-eminence among their fellow creatures, are the wish of most persons, and the aim of those who are placed in such situations, as to give them a chance of obtaining them. To be, however, in some of the highest conditions of society, is the lot but of few. To sit on the throne and wear the crown of royalty, is the peculiar honour of one only of our fellow mor tals, till incapacity or death makes way for his successor. This at least is the constitution of our own country. It may therefore at the first view excite the astonishment of my readers to be told, that the present writer has a plan to communicate to the public, (which indeed did not originate with himself,) whereby all persons may become kings, and exercise regal government. Let not the zealous royalist be alarmed; he may be assured that there is no treason in the proposal: it does not interfere with the allegiance due to his Majesty. The plan indeed, if duly executed, would make persons of all classes of community (even mean beggars); but instead of inspiring them with the spirit of rebellion against our lawful Chief Magistrate, it would render them more peaceable subjects, more worthy and useful members of society, and unspeakably happier in themselves: it would confer a noble dignity on them, to which the highest peers of the realm, even its illustrious princes, have no claim, if they do not alopt the same mode:-without this every man is a slave, however exalted may be his external rank. This however does not come to men by hereditary succession, like the crown of the United Kingdom, but is to be attained by the individual's own exertions. He must acquire a signal and complete victory over those whom he is destined to rule, before he can reign in safety and in peace. Yea he must become an absolute monarch, whose will is not to be controlled, or he himself will be led captive, and doomed to the worst kind of bondage, by those who ought to be his obedient subjects. When the latter has been the case, it has made my heart bleed, to see him degraded from his throne, trampled as it were in the dust, treated with every mark of indignity, and made to submit to the most servile employments. What shocking scenes of riot and outrage, wretchedness and misery, have then succeeded each other! According to the constitution of our country, the people take part in the government, by their representatives chosen by themselves: this is a right which they may justly claim. In the other kingdom, however, to which I refer, none of its subjects are qualified to be admitted to any share in the government; and whenever this be done, confusion and disorder immediately ensue. That the sovereign should be the sole ruler according to his discretion, and that any indulgence granted to his subjects should be sanctioned by his authority, is as necessary for their preservation and safety, as for his own dignity and happiness. By this time, no doubt, my sagacious readers perceive in what sense every man may be a king, that the kingdom is within him, and that his humours and fancies, his appetites and passions are his subjects, whom he is to govern according to the laws prescribed by that great and good Being, from whom all authority emanates. 1 was led to these reflections, by the Derusal of the following lines of a Poem, composed by a learned and "Rex est, qui metnit nihil, "What ails the mortals! See their rage Whose just desires are still confin'd Rides master of the lesser world, There's none but may, howe'er so low, SIR, Norwich, July 20, 1816. Taylor, he was followed about URING the lifetime of Dr. John the streets of this city, with cries of "there goes the old heretick!" and very soon after his death appeared a pamphlet, called The Arian and Socinian's Monitor, in which he was represented as tossing on the waves of Hell, and suffering the most exquisite tortures, on account of his religious opinions. This work has been, and yet is industriously circulated. The last edition which I saw was accompanied with an engraving, representing him in the situation above described. Such being the methods which Calvinists have adopted, in order to prevent the circulation of his opinions, and such Mr. E. Taylor on a Calumny on Dr. John Taylor. the kind of warfare they have chosen, I was not at all surprised to see the following quotation from a work, which was reviewed in the Monthly Repository for June, entitled, Wilson's History and Antiquities of Dissenting Churches: "We have somewhere met with an observation of Dr. Taylor, of Norwich, which is much to our present purpose. The Doctor, who was a zealous Socinian, and a learned tutor at Warrington, expressed his surprise how it happened that most of his pupils turned Deists. The fact it seems he admitted, but he never thought of accounting for it from the sceptical tendency of Socinian principles." 451 the Evangelist as to whom he meant as the Supreme God, he repeats it again, ver. 2, the same was in the beginning with God,' for God who was with the Supreme God, cannot be the Supreme God with whom he was. Further, this being, called the Son of God," or the Word,' is that being or agent by whom God made every thing (Ephes. iii. 9, Heb. i. 2) so universally, that all the rest of the creation, without exception, was made by him, i.e. by that power and wisdom which he had received from God: so that he himself alone was immediately produced by the power of God, and all the rest, without exception, were made by his instrumentality. And as it pleased God to employ him as the creator of the world, so also it is his further pleasure that he should be our final judge." These were Dr. Taylor's sentiments; how far they are consistent with Mr. Wilson's assertion that he was a zealous Socinian, your readers will easily determine for themselves. I thank your Reviewer for this quotation. I should most probably else have never seen the passage, or even heard of the work; and I trust you will allow me to occupy a small part of the Repository, in exposing the falsehood of some of the assertions which it contains. 1st. Dr. Taylor was a zealous Socinian. Now it is certain that Mr. Wilson is either completely unac2d. But Dr. Taylor, notwithstanding quainted with Dr. Taylor's writings, he was a learned tutor and a zeulous Soor that he is entirely ignorant of the cinian, "expressed his surprise how it meaning of the term Socinian. If the happened that most of his pupils turned former, how dares he to make any as- Deists." This assertion proves Mr. sertion about Dr. Taylor's creed; if the Wilson to have been as ignorant of the latter, let him study some dictionary events of Dr. Taylor's life, as of his before he sets himself up as the histo- theological opinions. Dr. Taylor went rian of Dissenting Churches. That to Warrington in November, 1757, Dr. Taylor was an Arian is very well and he died in March, 1761. So far, known to all who have read his works. therefore, from his having "expressed The following passage (which I copy his surprise how it happened that most from his own handwriting) is sufficient of his pupils turned Deists,” he did not evidence to this fact. "The Scriptures live to see any of them even complete tell us that there is such a being as the their course of education; so that, as only begotten Son of God; the first your Reviewer conjectures, this "someborn of every creature, by whom he where" of Mr. Wilson's turns out to be made all things: whereby I understand" no where." The whole story is a that this being is the first or most excellent production of the divine power. This being is called the Word, John i. 1, the Word of God,' Rev. xix. 3, probably because God by him spake and declared his will to his creatures, especially to us. This being, called the Word,' existed in the beginning (or at the creation of the world, Gen. i. 1,) in a state of great glory, and was then with the Supreme God and Father, John xvii. 5.; and he was God, or a God: i. e. in a state of great glory and power. For the term God is applied to any being to whom power is given, not only to angels, but also to men. And that we might not mistake gross falsehood, coined by a spirit of bigotry and malice, and circulated with the hope of defaming and vilifying the pious dead. I don't mean to charge Mr. Wilson with being its author; it is probably very current among his brethren, and he might think it (as indeed he intimates) so much to his purpose, as to insert it in his “ History of Dissenting Churches." He is probably only a retailer of scandal and falsehood. But, Sir, what else can be expected from a man who could have the unblushing effrontery to write and to publish the following sentence: that "Dr. Lardner, among other Socinian authors, "has contributed to |