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
The _Cheltenham Chronicle_ reported that' George Jacob Holyoake, who was
described as a Socialist lecturer, and as the editor of the _Oracle
of Reason_, was charged with delivering atheistical and blasphemous
sentiments at the Mechanics' Institution, on the evening of the 24th
of May. The prisoner had been apprehended last night, after delivering
another lecture at the same place. The affair appeared to have caused
great sensation, and several persons attended at the office anxious
to hear the examination. Amongst the number were some individuals
who, without the blush of shame mantling their cheeks, acknowledged
themselves friends of the accused.'
Mr. Bubb, a local solicitor, a particularly gross and furious man, then
said--'I attend to prefer the charge of blasphemy, and I shall take my
stand on the common unwritten law of the land. There have been a variety
of statutes passed for punishing blasphemy, but these statutes in no way
interfere with the common unwritten law. (Mr. Capper nodded assent.)*
Any person who denies the existence or providence of God is guilty
of blasphemy, and the law has annexed to that offence imprisonment,
corporal punishment, and fine. I shall give evidence of the facts, and
I shall ask that he be committed for trial, or required to find bail for
his appearance. The offence is much aggravated by his having put forth
a placard, announcing a lecture on a subject completely innocent, and
having got together a number of persons, has given utterance to those
sentiments which are an insult to God and man.'
* Mr. Bubb took his stand on the common law because his
object was to make it a _sessions_ case, and to take it out
of the statuary law, which (9 & 10 Will. 3, c. 32) would
have required that information of the words spoken should be
laid before a justice of the peace within four days from
their utterance, and would likewise have implied a trial at
the _assizes_.
The assertion that I had employed duplicity in choosing my subject was
quite gratuitous. Addressing the Bench, I asked whether it was legal in
these cases to apprehend persons without the authority of a warrant?
Mr. Capper replied, 'Any person in the meeting would be justified in
taking you up without the authority of a warrant,' which showed that
the Bench were better read in Bigotry than in Blackstone. I said it was
customary in other towns, where bigotry existed to a greater degree
even than it did there, for information to be laid and a regular notice
served.
Mr. Capper said, 'We refuse to hold an argument with a man professing
the abominable principle of denying the existence of a supreme Being,'
This was not a very legal way of getting rid of my objections, but it
answered in Cheltenham.
Public-domain text, read in full here on John Shaqi.
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