Ib. p. 110.
We shall discover upon an attentive examination of the subject, that
all those laws which lay the basis of our constitutional liberties,
are no other than the rules of religion transcribed into the judicial
system, and enforced by the sanction of civil authority.
What! Compare these laws, first, with Tacitus's account of the
constitutional laws of our German ancestors, Pagans; and then with the
Pandects and 'Novellae' of the most Christian Justinian, aided by all his
Bishops. Observe, the Barrister is asserting a fact of the historical
origination of our laws,--and not what no man would deny, that as far as
they are humane and just, they coincide with the precepts of the Gospel.
No, they were "transcribed."
Ib. p. 113.
Where a man holds a certain system of doctrines, the State is bound to
tolerate, though it may not approve, them; but when he demands a
'license to teach' this system to the rest of the community, he
demands that which ought not to be granted incautiously and without
grave consideration. This discretionary power is delegated in trust
for the common good, &c.
All this, dear Southey, I leave to the lash of your indignation. It
would be oppression to do--what the Legislature could not do if it
would--prevent a man's thoughts; but if he speaks them aloud, and asks
either for instruction and confutation, if he be in error, or assent and
honor, if he be in the right, then it is no oppression to throw him into
a dungeon! But the Barrister would only withhold a license! Nonsense.
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