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tute, the observance and operation on the part of the receiver, to be of which custom has set aside instant, in season and out of season, (witness the constant advertisements for the spiritual benefit of those who both of buyers and sellers in the thus supply his temporal necessipublic prinis); and that, so long as ties. The greater sin in such cases the party to be benefited is not may indeed be charged on the padirectly seen in the negociation, tron; but, as an honest man would no offence is committed for which not encourage tbieves by buying he needs fear being called to stolen goods, so neither, I think, account. It is perhaps added, that ought a conscientious Christian and where the motive is not the pursuit churchman to countenance a system of gain, but the honest desire to begun and concluded by perjury obtain an enlarged sphere of per- and dishonesty, and which leads to manent usefulness, the transaction many evil consequences in its opeis rather wortby of praise than of ratiou ou religion and the spiritual blame.
interests of the people. The subBut, apart from its being legally ject is certainly one of great mowrong, I wish to inquire, whether ment; and I am anxious that the such a transaction is not also morally insertion of this paper should elicit wrong. However slight, or merely the sentiments of some, who, from verbal, a connection, simony may their experience, are capable of have with the crime of Simon Ma- viewing the question in a just and gus, is not the practice in question comprehensive manner. evil in itself, and part of an essen
OXONIÆ COMMENSALIS. tially bad and corrupt system? If an individual, with means sponding to his benevolence, has, TotheEditor of the Christian Observer. perhaps ages ago, built and endowed a church, in consequence of HAVING lately beconie a member which the right of presentation has of the "Society of Arts, Manufacbeen vested in his family, in order tures, and Commerce," -a society that pious, active, and exemplary the very title of which renders any ministers may from time to time be comment on its utility superfluous appointed; do not the family, by I was much distressed at observing selling the presentation, retake in their lecture-room, among the what was freely given, and given works of that celebrated British for the express object of perpetuartist, Barry, a picture which exating the blessing of a faithful hibits a principle of a most latituChristian ministry by men of piely disarian and exceptionable bature. and learning, whom it was intended The molto affixed to this painting to encourage, but who, unless pos- is, " Elysium, or the final State of sessed of private forlune, must Retribution.” The molley groups now in most cases give way to mere of characters collected together capitalists, the best bidders for a consist of kings, statesmen, philobenefice? Surely a sacrilege, of sophers, literati, poets, painters, far more mischievous a description and architects: amongst whom I tban stealing the church-plate, is recognised heathens and unbelievcommitted, when the church is de- ers, whose infidelity, however, does prived of the ministrations of me- noi, it seems, preclude them from ritorious men, and left to the care a blissful mansion in the world of of those who claim their titt “ final retribution." mere matter of personal and pur
Pascal and Descarles, like, men chased right, rather than as a free- of congenial spirit, as well as inwill offering at the altar at which tellect, enjoy sweet communion tothey serve--an offering which in- gelber. Here may the Mauluan bard volves a corresponding obligation quaff a cup of nectar will the Arch
bishop of Cambray: indeed, the public, depend on the cultivation one is actually drawn leaning on and proper direction of the human the shoulder of the other. Here faculties." Now, I would argue, the author of Peregrine Pickle, with that if this maxim, in its obvious ils accompanying novels, may enjoy meaning, be true, religion is false, the reflection of having been the and onght to be banished from the instrument of diffusing much hap. affairs of human life, as a 'useless piness to mankind. I was, how- and impertinent iutruder. Could ever, disappointed at not being the apostles and martyrs have foreable to descry the faces of any of seen such an Elysium, they might our celebrated Reformers (aod sure. have spared their blood ; and a ly in this Elysium there was much Greater than apostles and martyrs need of reförm), or of any of our would never have come down from great divines, except Bishop But- heaven, and have submitted to pain, ler. The author of the Night and reproach, and an ignominious Thoughts” has indeed a place; death, but would have left the human but so have also the authors of race to find their own way to life and a Tale of a Tub, and the Senti- immortality, each one according to mental Journey. It is a pity that his own fancy and inclination, Luther could not have been here,
F. A. S. to sbake bands with Erasmus and Leo the Xth; they would have formed a noble triumvirate. In another For the Christian Observer. corner of the canvas our eyes are attracted by an exhibition of Tar. ON THE LAWS AGAINST THE
PROFANATION OF THE SABtarus; the inhabitants of which,
BATH. however, are more appropriate, being composed of the vices per- In every Christian country, espesonified, though at first sight I ima- cially where the mild and salutary gined that this place of condemna- influence of the Gospel has been tion was set apart only for poor permitted actively to operate, the and ignorant persons.
observation of the Sabbath-day has The picture, I am aware, may be been justly deemed of the greatest entitled to estimation as a work of importance. “The profanation oftle art ; and, in reply to my objection Lord's-day," says Judge Blackstone, to it in a religious point of view, it in bis invaluable Commentaries (vol. may be urged that it is only an iv. p. 633), “ is an offence against imaginary representation, not in- God and religion, punished by the tended to exhibit a reality. I should municipal law of England. For, certainly be disposed to put this besides the notorious indecency interpretation on it myself, were it and scandal of permitting any senot for the seriousness of the in- cular business to be publicly trans, scription placed over it; and for acted on that day, in a country prothe circumstance, that, in the cata- fessing Christianity, and the corlogue of pictures circulated by the ruption of morals which usually folsociety, the false and mischievous lows its profanation, the keeping principle which I am reprehending one day in seven holy, as a time of appears in print as well as on can- relaxation and refreshmeni, as well vas, and is comprised in the fol- as for public worship, is of admirJowing words, printed in larger let- able service to a state, if considered ters than the rest of the page, as if merely as a civil institution. It with an intention of giving them humanizes, by the help of convergreater publicity : “ The attain. sation and society, the manners of ment of man's true rank in the the lower classes, which would creation, and his present and future otherwise degenerate into a sordid happiness, individual as well as ferocity and savage selfislıness of spirit ; it enables the industrious these acts, it is declared " That workman to pursue his occupations all persons, not having a reasonable in the ensuing week with health 'excuse, shall resort to their parish and cheerfulness; it imprints on church or chapel (or to some conthe minds of the people ibat sense gregation of religious worship alof their duty to God, so necessary lowed by law), on every Sunday, to make them good citizens, but on pain of punishment by the cenwhich would be worn out and sures of the church, or of forfeitdefaced by an unremitted con- ing one sbilling to the poor for tinuance of labour, without any every such offence." By the other stated times of recalling them to two it is declared, “ That every the worship of their Maker.” The person above sixteen years of age remarks of this celebrated man de- who shall not repair to some church, serve regard, not merely from their clapel, or usual place of common intrinsic excellence, but from his prayer, being convicted thereof known probity and wisdom. before the judges of assize, or jus
Without entering into an histo- tices in sessions, shall forfeit twenty rical view of the progress of Chris- pounds a month;-one-third to tlie tianity in this country, and of the King; one-third to the maintenance connexion between that progress of the poor of the parish, and the and the enactment of laws for the houses of correction, and of imporegulation of this sacred day, I tent and maimed soldiers, as the shall confine my remarks chiefly Lord Treasurer, Chancellor, and to those laws which are at present Chief Baron of the Exchequer, in operation, with a view to shew shall order]; and one-ibird to him their inadequacy,
who shall sue in any court of rea The laws of Athelstan (chap. 24) cord.” And the lasi of these staforbade all merchandizing on the tutes further declares, “ That if Lord's-day, under very severe pe. the penalty be not paid in three malties. It appears that such re- months after judgment, he shall be strictions were then peculiarly ne- imprisoned till be pay, or conform cessary, and they were eminently himself to go to church." The useful.
penalty imposed by these latter In the 27th year of the reign of acts, it was also determined, did Henry VI., an act was passed, de- not dispense with the forfeiture of claring " that all fairs and markets one shilling; and the shilling was upon feast-days or on Sundays (the declared 10 be immediately forfeit four Sundays in harvest excepted) ed for absence on each particular should clearly cease, on pain of day. forfeiture of the goods exposed to By the 20th Eliz. and 3d James, sale; and fuirs lolden theretofore c. 4, §. 8, 9, the method of levying on solemn festivals, should there the payment of the penalties is speafter be holden three days before cified; and the latter statute also or three days after such festivals." declares, That every person who
In the reign of Queen Elizabeth shall retain in his service, or shall three statutes were passed, which relieve, keep, or barbour in his are still unrepealed, but which are house, any servant, sojourner, or wholly incompatible with those prin- stranger, who shall not repair to ciples of religious liberty, which, hap. church, but shall forbear' for á pily for this country, all parties unite mouth together, not having reasonio recognise, and under the benig. able excuse, shall forfeit ten pounds nant influence of which the cause of for every month he shall continue Christianity has rapidly advanced. in his louse such persoủ so forI refer to the 1st of Eliz. c. 2; the bearing."— To these statutes refe23d Eliz. c. 1, §. 5, 8, 11 ; and 29th rence is now seldom made. It is Eliz. c. 6, §. 7. By the first of riglitly admitted, that attendance on a place of religious worship is solely nity. To this fact especial attena religious duty; and that, on the tion should be paid, one band, no service can be accept- In the third year of the reign able to God which is rendered of the same monarch a beneficial only to avoid the penalties inflicted statute was passed, declaring, that by human laws; and, on the other no carrier with
horse or horses, hand, that no human tribunal has nor waggonmen with any waggon or any right to interfere between God waggons, nor carmen with any cart and man, and to legislate on mat- or caris, nor wainmen with any ters which are above and beyond wain or wains, nor drovers with all such legislation. The repeal of any cattle, shall, by themselves or these statutes would therefore be any other, travel on the Lord's-day, important, if bigotry and intole- on pain of twenty shillings; or if rance were likely to venture to en- any butcher, by himself, or any force them; but the genius of the other for him, with his privity and age renders the repeal oo further consent, shall kill or sell any victual essential, than that all laws which on the Lord's-day, he shall forfeit are useless or improper should be six shillings and eightpence." But, forthwith rescinded.
notwithstanding this statute, and These, however, appear to be another on the same subject, no the only statutes which are unne- offences are more frequently comcessary or unwise. With regard to mitted than those just specified. the remainder, however inefficient Throughout the country, cattle are some of them may be in operation, permitted to be driven; and in all are correct in principle, though large towns, and especially in the the penalty may be too trivial for metropolis, butchers now very gethe offence, or the mode of reco- nerally open their shops on Sunday very may be dilatory and vexatious. morning, and frequently during Di
As a contrast to the statutes just vine service, to pursue their callings, referred to, King James I. disgraced and openly to violate the laws of himself and his country by his God and their country. “ Book of Sports," in which he These penalties were, however, declared to his subjects, “ That limited to but a few descriptions dancing, archery, leaping, vaulting, of persons, till, by the 29th Charles May-games, Whitsun-ales, and II. c. 7, it was enacted, that " no Morris-dancers were lawful';" and drover, horsecourser, waggoner, commanded “that no such bonest butcher, biggler, or any of their mirth or recreation should be for- servants, shall travel, or come into bidden to his subjects on Sunday, his inn or lodging, on the Lord'safter the evening service.”
day, or any part thereof, on pain In the first year, however, of of twenty shillings; "and in general, the reign of Charles I. chap. 1, that "no tradesman, artificer, worka such improper and indecent con- man, labourer, or other person, duct was prohibited, and it was de. shall do or exercise any worldly clared that every person indulging labour, business, or work of their in any games should, for every of ordinary callings, on the Lord's day fence, either forfeit the sum of three (except works of necessity, and shillings and fourpence, or be set charity; and except dressing of publicly in the stocks for three meat in families, or dressing or hours. But the inadequacy of this selling of meat at inns, cook-shops, penalty, and the negligence of the or victualling houses, for such as police, are at present so lawentable, cannot otherwise be provided :" ihat in many places, both in Lon- and by the 9th Anne, c. 23, §. 20, don and throughout the country, except licensed hackney coach games of the most improper chamen and chairmen within the bills racter are indulged in with impu- of mortality). "ou pain of every
CHRIST. OBSERV. No, 248. 3 S
offender above fourteen years of church wardens, with laudable assiage forfeiting five shillings: and duity, repeated their exertions to also, that no person shall publicly recover the penalty in spite of all cry, shew forih, or expose to sale, the difficulties which presented any wares, merchandizes, fruit, themselves, until at lengib, subdued herbs, goods or chattels whatso- by :heir energy and perseverance, ever, on the Lord's - day (except the butchers requested that the crying and selling of milk before beadle might attend on them every nine in the morning, and after four Monday morning for five shillings, in the afternoon; and except mac- which should be regularly paid, in karel, which may be.sold on Sundays order to save themselves the troubefore or after Divine service, by ble of attending at a police office. the 1016 and 11th William, c. 24, Another example of similarly flas. 14), on pain of forfeiting the grant conduct is also worthy of same: and also, that no person attention. In the parish of Covent sball use, employ, or travel on the Garden is held a market, and the Lord's-day, with any boat, wherry, fruiterers and green - grocers julighter, or barge (unless allowed by babiting it are pertinacious in their a justice of peace, &c. on extraor- violation of the Sabbath. The dinary occasion; and except forty church wardens interfered; they watermen, who may ply on the experienced much trouble, and were Thames on Sundays betwixt Vaux- put to considerable expense, before hall and Limehouse, by the 11th ihey could succeed against the and 12th William, c. 21, §. 13), legal objections made to the vari
on pain of five shillings : and if ous forms of warrant, conviction, any person offending in any of the and distress. At length, when premises shall thereof be convicted, finally defeated, the offenders, like in ten days after the offence, before those just mentioned, directed that one justice, on view, or confession, the beadle should call on them or oath of one witness, the justice every Monday for the penalty of shall give warrant to the constables five shillings. The ouly possible or church wardens to seize the method of preventing so shameful goods cried, shewed forth, or put a breach of this wholesoine statule, to sale, and to sell the same, and is by considerably increasing the to levy the other forfeitures by penalty, and facilitating its redistress, to the use of the poor, covery. except that the justice may, out of It remains for me to specify the the same, reward the informer with Acts which bave been passed exany sum not exceeding one third planatory of the last - mentioned part; and for want of distress, the statute. offender shall be set publicly in the By the 9ih Anne, c. 23, s. 20, stocks for two hours."
as has been already stated, licensed The penalties thus inflicted are backney coachmen and chairmen; very trivial, and are also difficult within the bills of mortality, are to be recovered. The Christian allowed to ply. and surnames of the offending par By the 10th and 11th William, lies must be ascertained; the per. c. 24, §. 14, as has also been stated, son who actually buys must be crying and selling milk, before specified; the money must be seen nine in the morning and after four to pass; and various other for in the afternoon, are permitted; and malities must be attended to, before mackarel likewise may be sold befive shillings can be recovered from fore or after Divine service. a man whose profits on a Sunday By the 34th Geo. III. c. 61, morning are frequently perhaps it was declared that “no baker in five pounds, or even a larger sum. the city of London, or within twelve
In one parish in London, the miles thereof, should, on any pre