Bygones Worth Remembering, Vol. 2 (of 2)Holyoake, George Jacob
Philosophy
Bygones Worth Remembering, Vol. 2 (of 2)
Holyoake, George Jacob
Holyoake, George Jacob, 1817-1906; Social reformers -- Great Britain -- Biography; Working class -- Great Britain -- Biography
Then and there a clause was introduced which had no relation to the
extension of the right to give evidence, but upon the exemption of an
entirely different class of persons from the obligation of making oath.
Adulterers appear always to be Christians, since no case is recorded in
which any party in an adultery action professed any scruple at taking
the oath. Yet the Bill set forth that "any person in a civil or criminal
proceeding who shall object to make an oath," shall make a declaration
instead. When the Bill became an Act secular affirmation became
legalised. Thus by a clause treading upon the heels of adultery, the
witness having heretical and unecclesiastical convictions was enabled to
be honest without peril.
In 1842, as I witnessed at the Gloucester Assizes, no barrister would
defend any one accused of dissent from Christianity, but apologised for
him and proclaimed his contrition for his sin of thinking for himself.
Slave thought of the mind, chained to custom, could be defended, but not
Free Thought, which is independent of everything save the truth. By the
Act of 1869* atheists ceased to be outlaws, and were henceforth enabled
to give evidence in their own defence. Wide-awake and vigilant as a
rule, bigotry was asleep that day. Thus by circuitous and furtive paths
the right of free thought has made its way to the front of the State.
* 32 & 33 chap. 68, Evidence Amendment Act
CHAPTER XLI. LAWYERS' LICENCE
The extraordinary legal licence of disordered and offensive imputation
has been limited since 1842. In those days, officers of the law, who
always professed high regard for morality and truth, had no sense of
either, when they were drawing up theological indictments. In the affair
at Cheltenham I delivered a lecture on Home Colonies (a proposal similar
to the Garden Cities of to-day), to which nobody objects now. As
I always held that discussion was the right of the audience, as
self-defensive against the errors of lecturer or preacher, an auditor,
availing himself of this concession, arose in the meeting and asked:
"Since I had spoken of duty to man, why I had said nothing of duty
to God"? My proper answer was, that having announced one subject, the
audience would have a right to complain that I had trepanned them into
hearing another, which they would not hear willingly. Such a reply would
have been received with outcries, and the Christian auditor would have
said, "I dare not answer the question--that I held opinions I was afraid
to disclose." All the while the questioner knew that an honest answer
might have penal consequences, which he intended to invoke. Christians
in those days lacked winning ways. I gave a defiant answer, which caused
my imprisonment. There was no imputation in my reply, which merely
produced merriment.
Public-domain text, read in full here on John Shaqi.
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