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1821 Oct. 31
To Toreno
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Letter VII Religion
§. Facienda—Reason
11
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{9} 8.
Inserendumne? where[?]?
The Censorship in question established, and as per Article | | of the proposed Code the political chief in /of/ the Province (suppose) appointed Censor, a pastoral charge for the Bishop of a Diocese contained within the Province is presented for a licence. This licence will be either granted or refused. Suppose it granted, you have reason to believe /presume/ that there is nothing noxious in it: for if there be, whatsoever be the mischief produced, , the Political Chief by whom the licence has been granted is responsible Suppose it /the licence/ on the other hand refused. If refused, on sufficient ground every thing is as it should be: mischief is prevented, and the purpose of the law answered. But if refused without any ground at all, still there is no considerable harm done. For be the composition ever so excellent ever so useful, no parts of its real use is thus excluded /shut out/: for to the Bishop, as to every other man, for this discourse as for almost any discourse, the press is open and free.
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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.
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Title: [1821 Oct. 1. To Toreno 2 o]Description: 1821 Oct. 1. To Toreno 2 o or 3 o Letter IV Religion Censorship 32 6 6 5 As if for consolation and compensation under these shackles /restraints/, the priesthood are indulged with the satisfaction of imposing a set of restraints /shackles/ on their part on the pens of their adversaries. In Article 233 may be seen a provision, in which it is assumed that by the priestly order—or by a certain class /rank/ of them at least, namely the Episcotal exercise on their part the function of the Censor Licensing Censor. A fine to the amount of from ten to fifty Dollars together with forfeiture of all the copies meaning necessarily all the copies remaining unsold is imposed on him who without licence from the Ecclesiastical Ordinary whoever he be (I should suppose generally speaking the Bishop of the Diocese) or without observing the disposition made in the case in question by the law, shall in Spain through the medium of the press publish any writing which touches upon the Holy Scripture and upon the dogmas of religion: option given it appears not whether to the Judge or to the convict to suffer instead of paying the penalty arresto a species of confinement less afflictive than imprisonment (see Article | |) of from /for/ twenty days to three months. Thus it is that the exclusive privilege of publishing any thing on the subject of religion is given to the class of men in whom by means of the use they make of it the supporters of the existing /recently established/ and comparatively liberal system behold their most formidable enemies.
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Title: [1821 Oct. 1 To Toreno 2 o or]Description: 1821 Oct. 1 To Toreno 2 o or 3 o Letter IV Religion Censorship 30 4 5 4 Art. 226. 218. 213. [marginal note:] Art. 220 Article 213 in case of the publication of a forbidden discourse of a certain description by an Ecclesiastic, secular or regular, if it be a pastoral (episcopal) charge in official edict or writing, bodies ecclesiastical there are three separate temporal functionaries are mentioned: namely the Political Chief, the Alcaldo[?] and the Judge on all /every one/ of whom the obligation is imposed /it is made matter of obligation/ —not only of proceeding against the delinquent but of calling in (ruoja[?]) the offensive writing. Penalty from 300 to 600 dollars. How it is that without interfering with one anothers authority and producing mutual obstruction all these different functionaries can in this case go to work, is not clear to me. A maxim I have already had occasion to submitt to your view, is that in the case of a functionary of any description, bu every number /unit/ added to number one, responsibility is diminished. But /Meantime/ the offence in question what is it? it is the offence constituted by the guardarsi[?] Article: the offence which consists in giving expression to an /the/ opinion that in that production of impeccability and infallibility entituled the Political Constitution of the Spanish Monarchy there exists an Article which on some point or other had better not be kept than kept, better be altered than left as it is.
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