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
commitment in question--he found that serious irregularities had been
committed, and he expressed his opinion to that effect--but as legal
proceedings were likely to result out of what had occurred, he did not
think it would be judicious in the Hon. and learned Gentleman to press
for the production of the correspondence."...
...The Right Hon. Baronet knows, or at least ought to know, that no such
imputation could with propriety be cast upon the magistrates, for by the
3rd section of the 2nd and 3rd of Victoria, commonly called the County
Constabulary Act, no magistrate or magistrates, in petty sessions
assembled, can interfere with or control the chief constable, or any
sub-constable, in the discharge of their duties, as the rules and
regulations for these all emanate from the office of the Right Hon.
Baronet. It therefore was exceedingly unfair that these imputations
should go forth, and I have therefore now to ask, on behalf of
the magistrates, whether the Right Hon. Baronet objects to the
correspondence being printed and circulated with the votes of the house,
and in case he should object I shall offer it for the perusal of the
Hon. Member for Bath.' Sir James Graham, in reply, said, 'I had no
intention whatever to cast any imputation on the gentlemen, who that day
formed the Petty Sessions. My observation more properly applied to
the capture of Holyoake, and the unnecessary harshness used in his
conveyance from the magistrates' office. At the same time I shall object
to the printing of the correspondence with the votes, as no good result
would come from it. Of course the hon. member is at liberty to offer it
to the Hon. Member for Bath if he chooses--but I repeat, that as legal
proceedings were pending, I think such course not advisable.'
This is a most flagrant attempt at justification. The Act the hon.
member quoted related to Petty Session magistrates, before whom he knew
my case had never come, and of whom, therefore, no complaint could
have been made. But Mr. Berkeley had a friendly purpose to serve. The
magistrates and their friends have the strongest motives for finding
a true bill against me--and they have motives equally powerful for
desiring that your verdict should be 'guilty,' inasmuch as that
verdict will justify all these 'irregularities'--all the 'unnecessary
harshness'--will remove from their shoulders all the responsibility
which they incurred by the course they have pursued towards me. Bear in
mind, gentlemen of the jury, if the rights are to be enjoyed about which
we so much glorify ourselves, cases of this kind must not be allowed
to pass unnoticed. 'Serious irregularities' demand serious notice.
Arbitrary infraction of the liberty of the subject must not receive
the sanction of a jury. Recollect that the same course may be pursued
towards any one of you, and that if it receives your sanction it will be
made a precedent of law--and pernicious may be its influence.
Public-domain text, read in full here on John Shaqi.
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