Who brings our king to France;
God save Clarence!
He maintains the glory
Of the British navy,
etc., etc."
Perhaps had this been published, the Government would have assailed it as a libel on the church service. They got into the way of defending themselves by making libels on the Church, of what were libels, if on anything, on the rulers of the State; until the celebrated trials of Hone settled the point for ever, and established that juries will not convict for one offence, even though it have been committed, when they know the prosecution is directed at another offence and another intent.
HONE'S FAMOUS TRIALS.
The results of Hone's trials (William Hone, 1779-1842) are among the important constitutional victories of our century. He published parodies on the Creeds, the Lord's Prayer, the Catechism, etc., with intent to bring the Ministry into contempt: everybody knew that was his purpose. The Government indicted him for impious, profane, blasphemous intent, but not for seditious intent. They hoped to wear him out by proceeding day by day. December 18, 1817, they hid themselves under the Lord's Prayer, the Creed, and the Commandments; December 19, under the Litany; December 20, under the Athanasian Creed, an odd place for shelter when they could not find it in the previous places. Hone defended himself for six, seven, and eight hours on the several days: and the jury acquitted him in 15, 105, and 20 minutes. In the second trial the offense was laid both as profanity and as sedition, which seems to have made the jury hesitate. And they probably came to think that the second count was false pretence: but the length of their deliberation is a satisfactory addition to the value of the whole. In the first trial the Attorney-General (Shepherd) had the impudence to say that the libel had nothing of a political tendency about it, but was avowedly set off against the religion and worship of the Church of England. The whole
is political in every sentence; neither more nor less political than the following, which is part of the parody on the Catechism: "What is thy duty towards the Minister? My duty towards the Minister is, to trust him as much as I can; to honor him with all my words, with all my bows, with all my scrapes, and with all my cringes; to flatter him; to give him thanks; to give up my whole soul to him; to idolize his name, and obey his word, and serve him blindly all the days of his political life." And the parody on the Creed begins, "I believe in George, the Regent almighty, maker of new streets and Knights of the Bath." This is what the Attorney-General said had nothing of a political tendency about it. But this was on the first trial: Hone was not known. The first day's trial was under Justice Abbott (afterwards C. J. Tenterden).[[405]] It was perfectly understood, when Chief Justice Ellenborough[[406]] appeared in Court on the second day, that he was very angry at the first result, and put his junior aside to try his own rougher dealing. But Hone tamed the lion. An eye-witness told me that when he implored of Hone not to detail his own father Bishop Law's[[407]] views on the Athanasian Creed, which humble petition Hone kindly granted, he held by the desk for support. And the same when—which is not reported—the Attorney-General appealed to the Court for protection against a