148-093.xml

Title: [1821 Oct. 1 To Toreno 2 o or]

Description: 1821 Oct. 1

To Toreno

2 o or 3 o

Letter IV

Religion

Censorship

31

5

*5

*4

Two Articles after comes Article 220 “which power is given to the King, hearing (oyendo[?]) the advice of his Council of State in the manner prescribed by the Constitution (namely in Article 171 to which however, no reference is given) to suspend the course of and call in (recoger[?]) Pastoral Charges Instructions or Edicts which the Prelates or Ecclesiastical Judges have directed to their Diocesans on the exercise of their ministry, if in their opinion the instruments in question contain things contrary to the Constitution, or to the laws, and give order for the prevention[?] of the author, if he has deserved it (sè habiere meritos para illo[?]).

In Ultramaria, some power to the Political Chief taking into consultation the Fiscals of the Supreme Judicatory[?] (audicuna[?]) of the Province, or if there be no such Judicatory, two lettered Fiscal Promoters.

In the Peninsula and adjacent Isles like power of calling in to the Political Chief, under his responsibility in case of having urgency and danger in it en il caso de grave urgentia y peligro.

Thus plainly there you see Sir are the functionaries in question invested with the Censorship, and with only this difference from the ordinary mode namely that if the authors of the writings /delinquents/ in question make /employ ordinary/ use of common measure in ingenuity and industry, the whole or the greatest part of the whole of the good aimed at may be frustrated, rendered unattainable, the offence may /will/ be productive of the greatest matter of the supposed mischievous effect it aims at.

JB_172_236.xml

Title: [1821. Aug. 5. Rid Yourselves]

Description: 1821. Aug. 5.

Rid Yourselves

Lett 2. Interests concerned

and transitory life, the Catholic Religion

ought, above all things, to be preserved: preserved, in whatsoever degree of purity and perfection it possesses

or is susceptible of.

But, that, to the maintenance of this religion in any assignable

degree of perfection, not a maravedi is necessary to be provided by forced contributions, or by fixt masses

of property kept on foot for the purpose, is matter of experience. It is so

in all countries in which the Catholic Religion, while it has not only its professors

but also its functionaries, is not the established religion of the state. It is so accordingly, in England, in Scotland, in Ireland, in Denmark, in Sweden, in various parts of Germany to a great extent, in the Kingdom of Prussia

and in the Russian Empire: not to speak of the Anglo-American United States.

In Spain, as in other countries in which

the Catholic Religion stands established,- the whole body of the Clergy, taken in the aggregate, stands distinguishable into two very marked

divisions. The class called that of the regular clergy, and the class called that of the secular clergy. That of the regular clergy has this for its distinctive character: namely, that by none of

its Members as such, is religious

service rendered, in any shape, to any living

individual or assemblage of individuals in particular, to the exclusion of any

others. Accordingly, these have not, properly speaking, a place upon the list of functionaries.

To this part of the list belong - not only such of the clergy as

belong to this or that Monastick order, but the possessors

of all benefices to which no cure of

souls stands attached.

In regard to the secular clergy, no other assumption can I suppose on

this occasion, be preceeded upon, than that of the necessity of the demand for the

services of a number correspondent to that of the offical situations at present in existence. In the Catholic Church, the offices

possessed by them stand distinguishable into Sacerdotal and

Episcopal. The necessity of the office itself being in

each case admitted, and office and officers together thus perserved from the

retrenching knife, remain for a subject of proposable retrenchment the amounts of the

respective bands, tithes and

masses of emoluments in every other shape as to this

matter, the case of Ireland

would

148-095.xml

Title: [1821 Oct. 1. To Toreno 2 o]

Description: 1821 Oct. 1.

To Toreno

2 o or 3 o

Letter IV

Religion

Censorship

Facienda

33

7

7

6

Upon the supposition that for the prevention of mischief members of the priesthood by means of their doctrines deriving influence from their official situation, licencing must be employed and by the hands indicated in the proposed Code, the following then is the course which it seems to me it would be a pleasure to me to see your influence employed in the recommendation of—

1. As to written discourses With the exception of such writings as are published by spiritual functionaries in their official character or with their official names attached, let /leave the publication of and /or/ if necessary place/ all writings on the subject of religion in a state of the most perfect freedom. In this state is it /it is every where/ in the Anglo American United States. And note that in that country religion has more influence /receives more attention, and exercises more influence/ than it has perhaps in every other country upon earth. And whatsoever may be the case with respect to morals, in respect of politics no mischief whatever is it ever known to produce

2. Subject to a Censorship, or in other words to a system of licensing system all written discourses published by ecclesiastical functionaries in their official character or with their official titles annexed.

3. Let the licencers[?] or say the Licencers be these same functionaries on whom by the proposed Penal Code the obligation is imposed of calling in and supposing such discourses of /by/ ecclesiastical functionaries as are made /it makes/ punishable

4. In regard to quality or quantity of punishment, whether considered whether as to quality or quantity—on this head I will not take upon me to say anything On the subject of punishments my already published work speaks for itself. On punishment as applied to offences of this particular description I could not say any thing without travelling over the whole field of punishment. This part of the subject I must therefore leave upon the footing on which the proposed Code has placed it.