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442

Memoir relative to John Burnett, Esq. of Dens.

hand, it must be acknowledged that men's minds have been so much engaged by war, and politics, whose influence is far from being auspicious to the cultivation of rational piety, that they have had little leisure, and, perhaps, less inclination, to attend to the great concerns of Religion. Her voice, however, must, and will be heard, at last, if not in the calm tone of argument, or in the mild and affectionate language of admonition, at least, in the thunder of general calamity.

Mr. Burnett's opinion, relative to the effect that the conviction of a Deity has in leading men to a belief of the truth of Revelation, will appear perfectly just to every person who understands, and reflects on the subject. In fact, Infidelity and Atheism, in some form or other, are more intimately connected than may be generally supposed. It will be found that the greater part of modern infidels have had, and still have, no religious principle at all. Christianity admits, establishes, and expands all the just principles of Natural Religion, and enforces them by sanctions which no hunan authority could pretend to enact. To reject Christianity is, therefore, to reject Natural Religion herself, invested with her fairest, most engaging, and most venerable aspect. The truth is, that by far the greater part of infidels never give themselves the trouble to make any inquiry concerning religious subjects. Under the impression of certain vague, indefinite, and hastily assumed notions, they discard the Christian faith, by reason of a secret aversion from its purity of principle, and exalted moral complexion.

The peculiar nature of Mr. Burnett's religious scruples has not been ascertained. It is evident, however, that they could not relate to the fundamental articles of Christianity. For, of these he not only professes, in his will, his firm belief, but also his deep sense of the inexpressible love of the Lord Jesus, and of the invaluable bene fits which mankind receive by him. That there are difficulties in Revelation itself no rational divine will deny. But, these affect neither the essential doctrines, such as they exist in the Sacred Scriptures, nor the moral precepts of Christianity. The Apostle Peter says, "that, in the Epistles of his beloved brother, Paul, are some things hard

to be understood, which they that are unlearned and unstable wrest, as they do also the other Scriptures, unto their own destruction."

Mr. Burnett's scruples evinced that he was a conscientious believer, and an anxious inquirer after truth. I have, already, pointed out one erroneous conclusion which, at a certain period, they led him to adopt. But, even this was sincerely erroneous, and it appears that his mind, afterwards, embraced a juster view of the subject, in respect to which he erred. It is only persons of some discernment, and of upright hearts, that ever entertain religious scruples. The profligate, the indifferent, the igot, the enthusiast, and the hypocrite, never have their minds perplexed in this manner. The profligate and the indifferent are utterly regardless whether the whole, or any part of the religious system, which is professed, be true, or false. The bigot and the enthusiast adopt, without examination, any set of opinions, and neither entertain doubts themselves, nor suffer others to entertain them, with regard to their professed creed. The hypocrite pretends to believe whatever is subservient to his temporal interests. The honest inquirer will, sometimes, experience doubts, with respect to certain points, and, ever open to conviction, will be anxious to obtain their solution.

The preceding narrative, and the quotations with which it is interspersed, evince the subject of it to. have been a character of no ordinary stamp, in regard whether to his intellectual, or to his moral qualities. Though assiduously occupied in business, he, nevertheless, directed his mind to the most important and noblest objects that can fix the attention of man. Though employed in merchandise, and attentive to its chief aim-the acquisition of wealth—he expanded his heart to the most generous and comprehensive impres sions of benevolence, and, in the midst of an increasing fortune, was constantly mindful of the indigent? in the enjoyment of ease and comfort, felt for the distresses of those who "had none to help them." Active in the discharge of the duties of his

* 2 Pet. iii. 16.
+ Job xxix. 12.

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Memoir relative to John Burnett, Esq. of Dens.

terrestrial sphere, he raised his views to heaven, and, as the best preparation for its happiness, practised those virtues, in the completion of which this happiness must chiefly consist; made provision for the elucidation and extension of the fundamental principles of religion, which comforts man by the prospects of eternity; and, as far as lay in his power, endeavoured to sooth the earthly sorrows, and to supply the present necessities of his brethren.

The admiration of mankind is com"monly excited by the splendour of talent, or by the celebrity of exploit. They seen to pay little regard to the objects for which the former has been displayed, or the latter performed. Understanding, skill, and courage, even when mind is applauded, engross their - attention, while the will, and the affections, which are the springs of human action, are commonly overlooked, or disregarded, as of no moment. It is, however, the principle that imparts any real value to every exertion of the human faculties, and if the original view be erroneous, or - vicious, the whole conduct, which it + dictates, must be proportionably vitiated, and debased. Wisdom consists in the selection of the best ends, and of the adoption of the best means of their attainment. If the end he absurd, or wicked, all the means for its prosecution, however effectual they may be, ought only to produce the deeper regret, or the stronger reprobation. That Mr. Burnett's views were virtuous and noble, will not be contested; nor can it be denied that he devised very effectual means for their -execution. Tried, then, by this equitable standard, he is certainly entitled to no common portion of applause. - Mankind generally admire what is rare and unusual. Genuine probity, and pure benevolence, united with soundness of judgment, are, I hesitate not to affirin, as uncommon as genius, and acuteness of intellect. By probity I understand not merely the will, the inclination, the desire to act a virtuous part, but also the right apprehension of what a virtuous part implies; and, - when it has been clearly apprehended, the courage to adopt and to maintain it, without fear of detriment, or of profligate ridicule. For, it often happens that those, who are called good men, are weak, uninformed, and com$pliant personages, and have obtained

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the character of goodness by their easy sacrifice of the interests of virtue and truth. On this account, they frequently do more mischief than the openly profane and profligate, who are hated, or despised, and cannot, therefore, produce any effect extensively pernicious. The good man, as he is styled, who, for the sake of what he termis peace, saying, in the words of the Prophet, Peace, peace, when there is no peace,' is always prepared to make concessions, and to surrender, to deceit, or to violence, some important cause, induces mankind, misled by his specious appearances, to suppose that the distinction between virtue and vice is very small, and that, on account of the former, no effort ought to be made, and no hardship endured.

Real probity, then, enlightened by clearness of judgment, and supported by the energy of courage, constitutes a very uncommon character, and is, therefore, on this ground, entitled to the highest commendation.

Exalted probity

This high-toned probity bears stronger resemblance to genius, than is commonly apprehended, and ought, on the ground on which genius is so much admired, to obtain a proportionable degree of admiration. Genius is the gift of heaven, and seems to possess a species of inspiration. Those, therefore, who are endowed with it, are considered as, in some respects, the favourites of the Deity; although, like other favourites, they often abuse their pre-eminence. may surely, with a far better title-a title sanctioned by Scripture-refer its origin to heaven." It is that wisdom, which is from above, and is first pure, then peaceable, gentle, and easy to be intreated, full of mercy and good fruits, without partiality, and without hypocrisy." It is certain that there is, in some minds, an inherent natural propensity to virtuous sentiments and conduct, a certain susceptibility of generous, affectionate, and noble impressions, by which they are distinguished from the ordinary, and morally. groveling herd of their species. This seems to depend, in a great measure, on the peculiar complexion of the imagination; and this circumstance

Jer. vi. 14.

James iii. 17.

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chiefly asserts its analogy to genius. Some minds, even from their most early years, dwell, with peculiar pleasure, on descriptions of noble characters, and image them with delight. They will, hence, be prompted to imitate, and, if possible, to surpass them, in the moral qualities which they most admire. To such impressions the generality of mankind are totally insensible, and are wholly engrossed by self interest, or ignoble ambition, and hug themselves in the conceit of their prudence, and their policy. They cannot discover, with their feeble eyes, that region, in which the man, who is really virtuous, dwells, and, although they were translated into it, the purity of its atmosphere would be too keen for their asthmatic lungs.

There is another point of resemblance between genius and high probity. As the former embraces objects of a character, raised above ordinary life; so, it cannot always stoop to the minute consideration of these, and is liable to be deceived by that low, and microscopical cunning, whose attention is exclusively devoted to such objects. The case is the same with distinguished Probity. She can, with difficulty, conceive the mean and contemptible, arts, the complete degradation of moral character, to which Improbity often descends; and she is, thus, sometimes, for a short time, deceived by these ignoble and reptile devices. This leads the race, who practise them, to value themselves on their childish sagacity. But, no man of genius, or of real worth, will envy them their creeping distinction.

It were much to be wished that these, and similar, considerations, had, on mankind, their due influence. If they possessed it, admiration and applause would not be exclusively appropriated to brilliancy of genius, or to grandeur of achievement; but, genuine moral excellence would obtain its legitimate share. Genius often flatters -powerful and opulent Fice, or, by the -display of metaphysical acumen, distorts truth, and recommends error. Heroism, .vulgarly so called, has deluged the

habitations of men. Moral excellence is "the saltoftheearth," which prevents the putrefaction of the human

• Matt. v. 18.

species. This is so much the case, that, were it not for those virtuous individuals, whom divine Providence supporting truth and virtue, has in every age, stationed in different parts of the world, human corruption would proceed with such accumulated aggravation, that the condition of our species would be desperate. It is to the wisdom, the beneficence, and the perseverance of such men, that the world is indebted for every salutary plan which has been adopted, and for every good institution which has ever been established. Notwithstanding the opposition with which they have had to struggle, the noblest title that any mortal can obtain, is that of being the friend of God, aud the benefactor of mankind.

Let those who pervert their power for the purposes of oppressive pride, or lavish their wealth in dissipation, in sensuality, in frivolous amusement, and in all that degrades, the individual, and injures society; let such institute a fair comparison between themselves, and Mr. Burnett, and learn to acknowledge that, in spite of their ostentatatious assumption, and ridiculous vanity, they sink into utter insignificance, and ought to be satisfied if they are allowed to pass, with silent contempt. As soon as their bodies are consigned to the grave, their names are either buried in oblivion-their most fortunate posthumous conditionor are mentioned with derision, or disgust. His is recorded, as that of the patron of exalted and salutary science, as the reliever of indigence, as the comforter of distress; and will be transmitted, with undiminished applause, to remote posterity. To him may be justly applied Pope's beautiful lines, in which he describes the character of the MAN OF Ross.

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Origin and History of Benefit of Clergy.

singular relics of old superstition, and certainly the most important. That, by a mere form, without the shadow of existing reason to support it, the severity of the common law should be tempered, may seem strange to those who have been accustomed to regard our criminal law as a regular fabric, not only attaining great practical benefit, but built upon solid and consistent principles. The benefit of clergy is, no doubt, of great practical advantage, compared to the dreadful list of offences which would otherwise be punished as capital; but it would be well worthy of an enlightened age to forsake such a subterfuge, and at once, without resorting to it, to apportion the degree of suffering to the atrocity and the danger of the crimes.

The history of this singular mode of pardon, if so it can be termed, is both curious and instructive. In the carly periods of European civilization, after the final destruction of the Roman empire, the church obtained an influence in the political affairs of nations, which threw a peculiar colouring over their original institutious. Monarchs who were desirous of atoning for atrocious offences, or of obtaining the sanction of heaven to their projects of ambition, were easily persuaded to confer immunities on the clergy, whom they regarded as the vicegerents of heaven. Presuming on these favours, that aspiring body soon began to claim as a right what had been originally conferred as a boon, and to found their demand to civil exemptions on a divine and indefeasible charter, derived from the text of Scripture, "touch not mine anointed and do my prophets no harm." It need excite no surprise that they were anxious to take advantage of their dominion over the conscience, to exempt themselves from the usual consequences of crime. To the priests impunity was a privilege of no inconsiderable value. And so successful was the pious zeal to shield those who were dedicated to religion, from the consequences of any breach of temporal enactments, that in several countries they obtained a complete exemption from all civil

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liabilities, and declared themselves responsible only to the pope and his ecclesiastical ministers. They erected themselves into an independent community, and even laid the temporal authorities under subjection.§ Nobles were intimidated into vast pecuniary benefactions, and princes trembled at the terrors of spiritual denuaciation. In England, however, this authority was always comparatively feeble. The complete exemp tion of the clergy from secular punishments, though often claimed, was For never universally admitted. || repeated objections were made to the demand of the bishop and ordinary to have the clerks remitted to them as soon as they were indicted.¶ At length, however, it was finally settled in the reign of Henry VI. that the prisoner should first be arraigned, and might then claim the benefit of clergy as an excuse for pleading, or might de mand it after conviction: and the latter of these courses has been almost invariably adopted to allow the prisoner the chance of a verdict of acquittal.

But if the privileges of the church were less dangerous in England than on the continent, they soon became more extensive. They not only cinbraced every order of clergymen, but were claimed for every subordinate officer of religious honses, with the numerous classes of their retainers. And so liberal was the application of these dangerous benefits, that, at length, every one who in those days of ignorance was able to read, though not even initiated in holy orders, became entitled to demand then, such reading being deemed evidence of his clerical profession. The privileges of the clergy were recognized and confirmed by statute in the reign of Edward the Third. It was then enacted, that all manner of clerks, secular as well as religious, should enjoy the privileges of holy church for all treasons or felonies except those immediately affecting his Majesty. To

2 Hale, 324.

**

4 Bla. Com. 366.

Barn, J. Clergy, II. Williams, J. Fetony, V.

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the advantage of this provision all who I could read were admitted. * But as learning became more common, this extensive interpretation was found so injurious to the security of social life, that the legislature, notwithstanding the opposition of the church, were compelled to afford a partial remedy, In the reign of Henry the Seventh, a distinction was drawn between persons actually in holy orders, and those who, in other respects, secular, were able to read, by which the latter were only allowed the benefit of their learning once, and on receiving it to be branded in the left thumb with a hot iron, in order to afford evidence against them on any future occasion. The church seems to have lost ground in the succeeding reign, probably in consequence of the separation of England from the sway of the Roman Pontif; for all persons, though actually in orders, were rendered liable to be branded, in the same way as the learned class of laymen. But, in the time of Edward the Sixth, the clergy were restored to all the rights of which they were deprived by his predecessor, except as to certain atrocious crimes which it became necessary more uniformly to punish. § At the same time, some of the more enormous evils attendant on this general impunity were done away. Murder, poisoning, burglary, highway robbery, and sacrilege, were excepted from all that privilege which was confirmed as to inferior offences. || But peers of the realm for the first offence were to be discharged in every case, except murder and poisoning, even though unable to read.¶

But here we must pause before we proceed to follow the gradual improvement of this privilege, to enquire what was originally done with an offender to whom it was allowed, by those ecclesiastical authorities who claimed the right of judging

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him, and in what manner the power of the church in this respect was ultimately destroyed. It appears that after a layman was burnt in the hand, a clerk discharged on reading, or a peer without either burning or penalty, he was delivered to the ordinary to be dealt with according to the ecclesiastical canons.** Upon this, the clerical authorities instituted a kind of purgation, the real object of which was to make him appear innocent, who had been already shown to be guilty, and to restore him to all those capacities of which his conviction had deprived him.++ To effect this the party himself was required to make oath of his innocence, though before he might have confessed himself guilty. Then twelve compurgators were called to testify their belief in the falsehood of the charges. Afterwards he brought forward witnesses completely to establish that innocence of which he had induced so weighty a presumption. Finally, it was the office of the jury to acquit him; and they seldom failed in their duty.‡‡ If, however, from any singular circumstance they agreed in the justice of the conviction, the culprit was degraded and compelled to do penance. §§ As this seldom occurred, and the most daring perjuries were thus perpetually committed, the courts of common law were soon aroused to abridge the power of these clerical tribunals. They, therefore, sometimes delivered over the privileged of felony, when his guilt was very atrocious, without allowing him to make purgation; the effect of which proceedings was his perpetual imprisonment and incapacity to acquire personal or to enjoy real estate, unless released by his Majesty's pardon. But the severity of this proceeding almost rendered it useless; and it became absolutely necessary for the legislature to interfere in order to prevent the contemptible perjuries which this absurd ceremony produced under the sanction and pretence of religion. This desirable object was

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1 Edw. VI. c. 12. s. 14.

368.

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