him. If a prifoner efcapes, and is re-taken, and re-committed he fhall pay all the expence, in the manner provided for the payment of coft, and the time between the escape, and re-commitment, shall not be confidered as part of the time for which he was fentenced to imprisonment. CHAPTER SEVENTH OF CRIMES AGAINST RELIGION. CRIMES of this defeription are not punishable by the civil arm, merely because they are against religion. Bold, and prefumptious muft he be, who would attempt to wreft the thunder of heaven from the hand of God, and direct the bolts of vengeance where to fall. The Supreme Deity is capable of maintaining the dignity of his moral government, and avenging the violations of his holy laws. His omnifcient mind estimates every act by the standard of perfect truth, and his impartial juftice inflicts punishments, that are accurately proportioned to the crimes. But fhort fighted mortals cannot fearch the heart, and punish according to the intent. They can only judge by overt acts, and punish them as they respect the peace, and happinefs of civil fociety. This is the rule to eftimate all crimes against civil law, and is the standard of all human punifhments. It is on this ground only, that civil tribunals are authorised to punish offences against religion. The crimes against religion are, I. Blafphemy, II. Atheism, III. Polytheifin, IV. Unitarianifm, V. Apoftacy, VI. Breach of Sabbath, VII. Profane Swearing. I. Blafphemy by the Statute is where a perfon wilfully blafphemes the name of God, the Father, Son, or Holy Ghoft, either by denying, curfing, or reproaching the true God, or his government of the world. The purifiments is whipping not excceding forty ftripes, and fetting in the pillory one hour; and the fuperior court which has cognizance of the offence, may at difcretion bind the offender to his good behaviour. & Statutes 67 Blafphemy Blafphemy at common law, is the denial of the Being and Providence of God, contumelious reproaches against Jefus Christ, profane fcoffing at the holy fcriptures, and expofing them to contempt and ridicule. The crime is punishable by fine and imprisonment, and other infamous corporal punishment. II. Atheism is defined by ftatute, to be where a perfon educated in, or having made profeffion of the chriftian religion, by writing, printing, teaching, or advised speaking, denies the being of a God. III. Polytheism, is where a perfon educated in, and having profeffed the chriftian religion, afferts and maintains by writing, printing, teaching, or advised speaking, that there are more Gods than one. IV. Unitarianifm, or denial of the Trinity, is where a christian by education, and profeffion, denies either by writing, printing, teaching or advised speaking, that any of the perfons in the Trinity are God. V. Apoftacy is where a perfon educated under the wings of christianity, and having professed to believe it true, either by writing, printing, teaching, or advifed fpeaking, denies the driftian religion to be true, or the holy fcriptures of the old and new teftament, to be of divine authority. As a punishment for the four laft crimes, the ftatute enacts, that on conviction for the firft offence, the offender fhall be incapable to have or enjoy any offices or employments, ecclefiaftical, civil or military, or any part in them, or profit by them, and the offices, places and employments, enjoyed by fuch offenders at the time of their conviction, fhall be void. On a fecond conviction, fuch perfon is difabled to fue, profecute, plead or maintain any action or information in law or equity, or to be guardian, executor, or administrator. The profecution must be within fix months after the commiflion of thefe laft offences, and the law has that tenderness and indulgence for the errors of human reafon and the infirmities of human nature, that it opens the door for repentance and restoration, and provides that upon renouncing the erroneous opi i 4 Black. Com. 59. T t nions nions within twelve months after conviction in the court where convicted, the perfon fhall from that time be difcharged from all the difabilities incurred by the conviction. Thefe are all the crimes refpecting religious opinions known to our law. Blafphemy is fo indicative of an abandoned heart, and injurious to the morals, that no one can queftion the propriety of punishing it. The being of a God is fo univerfally impreffed on the human mind, that it feems unneceflary to guard against a denial of it by human laws. Atheism is too cold and comfortless, to be a fubject of popular belief. Polytheism tho it has been believed by the most polifhed, as well as the most favage nations, has no chance of a revival where the unity of a god has been promulgated. The elegant fictions of the Grecian and Roman mythology, vanished like the baseless fabric of a vifion, before the light of rational philofophy, and true religion. We must acknowledge that the multitude and fubordination of the pagan gods furnifh a fyftem of poetical machinery, much more beautiful and magnificent than the chriftian theology. They feem to be a kind of poetical divinities, created by the bards of ancient times, to ornament and embellish poetical defcription, and one can hardly think they were ever the object of popular belief and ferious adoration. The rapes of Jupiter and the amours of Venus, feem to render them very improper deities, for religious devotion. The character of God in the chriftian fyftem, is too fublime and glorious to be exhibited in verfe, and his conduct in the government of human affairs does not admit him to be introduced into the machinery of a poem, in fuch manner as will give fcope to the fictions of fancy, and the embellishments of the imagination. The bold and vigorous genius of Milton, flags in fuch an attempt. In his defcription of the battle of the angels in heaven, the wild fiction of their inventing cannon, and throwing mountains at each other, while the Supreme Deity from his immortal throne beholds the wild affray, is fo inconfiftent with the nature and character of spiritual effences, that we are highly difgufted with the fcene, tho painted in the moft glowing colours, and can only confider it as a fublime burJefine upon the king of heaven. No event which the human race have witneffed, is more folemn and awful, than the paffion of our Saviour. Vida, an eminent Italian poet, has painted it in the moft 'brilliant colouring, and decorated it with the richest poesical fictions, yet the scene is far lefs interefting and magnificent, in this poem, than in the plain and unadorned narrations of the evange lical hiftorians. But when Homer exhibits the Grecian mythology in action, when the gods affemble in council, when Jupiter thunders from Olyınpus, and Apollo, Neptune, Mars, and Venus, mingle in the combat round the walls of Troy: we are charmed with the elegance of the fictions, the richness of the descriptions, the splendor of the fcenery, the variety of the action, and the con fiftency of the conduct of thefe imaginary beings, with the character afcribed to them. But tho polytheifin, furnishes the best machinery for poetry, there is no danger that it will root out the belief of the unity of God, and revive and flourish on the ruins of christianity. To prohibit the open, public, and explicit denial of the popular religion of a country, is a neceffàry meafure to preferve the tranquility of a government. Of this no perfon in a christian country can complain, for admitting him to be an infidel, he muft acknowledge, that no benefit can be derived from the fubversion of a religion which enforces the beft fyftem of morality, and inculcates the divine doctrine of doing justly, loving mercy, and walking humbly with God. In this view of the fubject, we cannot fufficiently reprobate the bafenefs of Thomas Paine, in his attack on christianity, by publishing his Age of Reafon. While experiencing in a prison, the fruits of his vifionary theories of government, he undertakes to disturb the world by his religious opinions. He has the impudence and effrontery, to addrefs to the citizens of the United States of America, a paltry performance, which is intended to shake their faith in the religion of their fathers; a religion, which, while it inculcates the practice of moral virtue, contributes to finooth the thorny road of this life, by opening the profpect of a future and better and all this he does not to make them happier, or to introduce a better religion, but to imbitter their days by the cheerlefs and dreary vifions of unbelief. No language can defcribe the wickedness of the man, who will attempt to fubvert a religion, which which is a fource of comfort and confolation to its votaries, merely for the purpofe of eradicating all fentiments of religion.† While the public denial of chriftianity is prohibited, particular articles of creeds, and mere doctrines of fpeculation, excepting the doctrine of the Trinity, are left open for free and candid difcuffion. The crime of herefy is unknown. Direct and explicit denial, can only be comprehended by the ftatute. Confequences can never be drawn, and twisted by implication from the converfation, or writings a perfon, into a breach of the law. It extends only to those who have been educated in or made profeffion of christianity. God's ancient covenant people, the Jews, who have been so long abufed and infulted by chriftians, the Mahometan, who prays five times a day, the Bramin who believes in tranfmigration, and the Tartar who proftrates himself before the Grand Lama, may all teach the doctrines and practice the ceremonies of their religion, without being expofed to any penalty. It is with the highest pleasure, that we compare our laws with other nations in this refpect. Tho our ancestors on flying from the hand of perfecution, into this afylum of liberty, were anxious to preserve a uniformity of religious opinion, and public worship, yet they never attempted to effect their defign by severe laws and fanguinary punishment. Profecution never feafted her eyes upon wretched victims, tied to the ftake or stretched on the rack. The fevereft laws against heretics, extended no further, than to fend away fuch as came into the country, and to inflict a penalty on thofe who harboured or brought them into the government. At an early period our laws began to exempt fect after fect, from any penalty, and then by degrees, extended to all the fall bleffings of toleration In the title page the work is faid to be written by Thomas Paine, fecretary for foreign affairs to Congrefs in the American war. The truth is, that during fome period of the American war, Congrefs appointed a committee for foreign affairs, to which Paine was fecretary, but had no power, and performed no duty, but that of a clerk to the committee; without any portion of the authority, afterwards annexed to the office of fecretary for foreign affairs. From the poft of fecretary to the committee for foreign affairs, he was difmiffed for a fcandalous breach of truft. What must we think of a man, who is capable of fuch a pitiful artifice to gratify his vanity, and render binelf important. |