Prisoner for BlasphemyFoote, G. W. (George William)
Religion
Prisoner for Blasphemy
Foote, G. W. (George William)
Blasphemy; Trials (Blasphemy) -- Great Britain
Prosecutions for Blasphemy have not been frequent. Sir James Stephen was
able to record nearly all of them in his "History of the Criminal
Law." The last before mine occurred in 1857, when Thomas Pooley, a poor
Cornish well-sinker, was sentenced by the late Mr. Justice Coleridge to
twenty months' imprisonment for chalking some "blasphemous" words on
a gate-post. Fortunately this monstrous punishment excited public
indignation. Mill, Buckle, and other eminent men, interested themselves
in the case, and Pooley was released after undergoing a quarter of his
sentence. From that time until my prosecution, that is for nearly a
whole generation, the odious law was allowed to slumber, although tons
of "blasphemy" were published every year. This long desuetude induced
Sir James Stephen, in his "Digest of the Criminal Law" to regard it as
"practically obsolete." But the event has proved that no law is obsolete
until it is repealed. It has also proved Lord Coleridge's observation
that there is, in the case of some laws, a "discriminating laxity," as
well as Professor Hunter's remark that the Blasphemy Laws survive as a
dangerous weapon in the hands of any fool or fanatic who likes to set
them in motion.
In the pamphlet entitled _Blasphemy No Crime_, which I published during
my prosecution, and which is still in print if anyone is curious to
see it, I contended that Blasphemy is only our old friend Heresy in
disguise, and that, we know, is a priestly manufacture. My view has
since been borne out by two high authorities. Lord Coleridge says that
"this law of blasphemous libel first appears in our books--at least the
cases relating to it are first reported--shortly after the curtailment
or abolition of the jurisdiction of the Ecclesiastical Courts in matters
temporal. Speaking broadly, before the time of Charles II. these things
would have been dealt with as heresy; and the libellers so-called of
more recent days would have suffered as heretics in earlier times."
[Reference: _The Law of Blasphemous Libel_. The Summing-up in the case
of Regina v. Foote and others. Revised with a Preface by the Lord Chief
Justice of England. London, Stevens and Sons.] Sir James Stephen also,
after referring to the writ _De Heretico Comburendo_, under which heresy
and blasphemy were punishable by burning alive, and which was abolished
in 1677, without abridging the jurisdiction of Ecclesiastical Courts
"in cases of atheism, blasphemy, heresie, or schism, and other damnable
doctrines and opinions," adds that "In this state of things, the Court
of Queen's Bench took upon itself some of the functions of the old
Courts of Star Chamber and High Commission, and treated as misdemeanours
at common law many things which those courts had formerly punished...
This was the origin of the modern law as to blasphemy and blasphemous
libel." [Reference: _Blasphemy and Blasphemous Libel_. By Sir James
Stephen. _Fortnightly Review_, March, 1884.]
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