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
I then thought, as I now do, that this court could find nobler means
than the employment of brute force to counteract anything I could
attempt--which I never have done--to bring the truly sacred into
contempt. I thought I never should be called upon to stand in this dock,
with all its polluting and disgusting associations, to answer for mere
matters of speculative opinion. I did think that such persons possessed
a sense of the powers of the human mind that would have prevented the
interposition of penal judges upon such subjects.
But to Mr. Grantley Berkeley, as foreman of the grand jury who found
a true bill against me, I beg to draw your attention. Mr. Grantley
Berkeley, as you are aware, is brother to the member, Mr. C. Berkeley,
who attempted to vindicate the conduct of the Cheltenham magistrates
from the allegations against them by Sir James Graham in the House of
Commons. In the recent case of Mr. Mason, who was taken from a meeting,
as I was at Cheltenham, by a policeman, illegally, without a warrant,
the doctrine was laid down by a cabinet minister, in the House of
Commons, that if the person so arrested was subsequently found guilty by
a jury, the illegal apprehension was justified. See how this applies
to my case. I was taken from a public meeting a week after the
objectionable words were spoken; was taken by a policeman at near
midnight; without a warrant. This was justly deemed illegal. I sat
in the gallery of the House of Commons when the Hon. Member for Bath
brought forward my case, and when Sir James Graham, in reference to
the correspondence which had taken place with the magistrates, had the
frankness to say, 'there had been serious irregularities and unnecessary
harshness used in the case of Holyoake.' In this country four thousand
applications are annually made to the Secretary of State for the Home
Department, and out of that four thousand my case is spoken of as one
in which serious irregularities had occurred, and unnecessary harshness
been employed. And that amid the numerous affairs of this great empire
it should have received this distinct notice is presumptive evidence
that it contained much that should be corrected. On Thursday, July
21, the Hon. Mr. C. Berkeley, addressing the Speaker of the House of
Commons, said, 'I wish to ask the Right Hon. Baronet the Secretary for
the Home Department a question, but in order to make it intelligible to
the House, it will be necessary for me to refer to what took place on
Tuesday last. It appears that upon that day the Hon. member for Bath
stated, "that as a person named Holyoake had been committed to prison,
at Cheltenham, in an improper manner, he wished to know whether the
Right Hon. the Secretary for the Home Department had any objection to
produce the correspondence which had taken place upon that subject"--to
which the Right Hon. Baronet replied that, "he felt called on in
the discharge of his duty to inquire into the circumstances of the
Public-domain text, read in full here on John Shaqi.
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