The History of the Last Trial by Jury for Atheism in England: A Fragment of Autobiography Submitted for the Perusal of Her Majesty's Attorney-General and the British ClergyHolyoake, George Jacob
Philosophy
The History of the Last Trial by Jury for Atheism in England: A Fragment of Autobiography Submitted for the Perusal of Her Majesty's Attorney-General and the British Clergy
Holyoake, George Jacob
Atheism -- England; Holyoake, George Jacob, 1817-1906 -- Trials, litigation, etc.; Trials (Blasphemy) -- England
If any, from what I have just expressed, or from the transactions of
this narrative, shall conclude that I am disposed to regard law-breaking
lightly, they will mistake me. Respect for the law is an intelligent
virtue--a sign of fitness for freedom so important that none but an
enemy would obscure the duty or weaken the sentiment. If accused, in the
matter which led to my Trial, of breaking the law, I might plead that
there was no law to break, and therefore I could not break one. What
is called the common law relating to blasphemy is a mere caprice, an
opinion interpreted by ignorance or sectarian prejudice, and enforced at
the call of bigotry--malevolent to the humble while neutral towards the
rich. Against this tyranny one is obliged to rebel. It is disastrous
that we should have to set up the standard of resistance even in a
case of this kind, and the chief justification is that a democratic
government is denied us. Had the people a voice in making the laws,
the breaking of any law would require grave justification. Men have two
lives--a private and a public one. Conscience is the guide of all that
relates to private duty, but law is the conscience of society, and it
is best when private conscience can be subordinate to the public
conscience. Private conscience may be the child of selfishness,
fanaticism, or vanity, as well as of the greatest purity and
intelligence. A man, therefore, should be careful how he places so
uncertain a thing above the law. If private conscience be more just and
intelligent than the public conscience, a democratic form of government
affords peaceful facilities whereby it can come into the ascendant.
But where these modes are denied, no alternative remains but that of
rebellion or unconditional and indefinite submission. Resistance to the
law, however, or to what is tacitly accepted by the majority as law, is,
under any form of government, so pernicious an example, is so liable
to be abused, so liable to unfit the people who learn the lesson,
for submission to legitimate authority, that these cases demand the
strictest surveillance before they receive the sanction of a friend
of the people. In all instances in which conscience is the ground of
resistance, the wrong done to conscience ought to be clear, deep,
and momentous, and the necessity which obliges the claims of private
conscience to be put above the laws ought to be made so evident that
the sentiment of freedom shall not deteriorate that of legitimate and
honourable allegiance. If the political moral of this narrative be
therefore drawn with discrimination, we may do little harm even if
mistaken in the belief that the prevalence of our views of life may be
a public good; and if this belief prove to be right in the main, we do
what reformers are said often to forget--we make a past to which the
future may refer for authority and instruction.
Public-domain text, read in full here on John Shaqi.
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