Prisoner for BlasphemyFoote, G. W. (George William)
Religion
Prisoner for Blasphemy
Foote, G. W. (George William)
Blasphemy; Trials (Blasphemy) -- Great Britain
"Now, gentlemen, I told you before that one of the reasons,
in my opinion, why the present prosecution was commenced,
was that the alleged blasphemous libels were published in a
cheap paper, and I asked you to bear in mind that there was
plenty of heresy in expensive books, published at 10s., 12s.,
and even as much as L1 and more. I think I have a right to
ask that you should have some proof of this statement. I think
I can show you that similar views are expressed by the leading
writers of to-day--not, perhaps, in precisely the same language--
for it is not to be expected that the paper which is addressed
to the many will be conducted on just the same level, either
intellectually or aesthetically speaking, as a publication,
in the form of an expensive book, which is only intended for
men of education, intelligence and leisure; but such views are
put before the public by the most prominent writers of the day.
You will, of course, expect to find differences in the mode of
expression, and as a matter of course, differences of taste; but
I submit that differences of taste affect the question very little
unless, as I have said, they actually lead to breaches of the
peace. But in a case like this there ought to be no distinction
on grounds of taste. Surely the man who says a thing in one
way is not to be punished, while the man who says the same
thing in another way is to go scot free. You cannot make a
distinction between men on grounds of taste. I can imagine
that if there were a parliament of aesthetic gentlemen, and
Mr. Oscar Wilde were made Prime Minister, some such arrangement
as that would find weight before the jury; but, in the present
state of enlightened opinion, I do not think that any such
arrangement would be accepted by you. Now, gentleman, I shall
call your attention first of all to a book which is published
by no less a firm than the old and well-established house of
Longmans. The author of the book----
Mr. Justice North: What is the name of the book?
Mr. Foote: The book is the 'Autobiography of John Stuart Mill.'
Mr. Justice North: What are you going to refer to it for?
Mr. Foote: I am going to refer to one page of it, my lord.
Mr. Justice North: What for?
Mr. Foote: To show that identical views to those expressed in the
cheap paper before the court are expressed in expensive volumes.
Mr. Justice North: I shall not hear anything of that sort. I am
not trying the question, nor are the jury, whether the views
expressed by other persons are sound or right. The question is
whether you are guilty of a blasphemous libel. I shall direct
them that it will be for them to say whether the facts are proved
in this case.
Public-domain text, read in full here on John Shaqi.
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