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
His lordship said 'emissaries are going about.' I am no emissary, and
the term as applied to me is unjust. I might, even by the admission of
Mr. Bubb, 'undermine' men's religion, go about secretly disseminating my
opinions, without danger of standing here. But I spoke openly; and you
who usually have to punish _dishonesty_, are now called upon to punish
its non-committal, for a little lying would have saved me from this
charge. I have infringed no law, injured no man's reputation, taken no
man's property, attacked no man's person, broken no promise, violated no
oath, encouraged no evil, taught no immorality--set only an example of
free speaking. I was asked a question, and answered it openly. I am
not even charged with declaring dogmatically, 'There is no God.' I only
expressed an opinion. I should hold myself degraded could I descend to
inquire, before uttering my convictions, if they met the approval of
every anonymous man in the audience. I never forget that other men's
opinions may be correct--that others may be right as well as myself, I
have put forth my own opinions openly, from a conviction of their truth;
and the sentiments I cannot defend I should scorn like my prosecutors to
invoke an attorney-general to protect. I seek a public place, where any
man may refute me if he can, and convict me as wilful or ignorant. I
should think myself degraded if I published secretly. What can we think
of the morality of a law which requires secret inquiry, which prohibits
the _free_ publication of opinion?
Mr. Justice Erskine. You must have heard me state the law, that if it be
done seriously and decently all men are at liberty to state opinions.
Mr. Holyoake. Whatever the law says, if an informer can carry the words
to persons interested in their suppression--if policemen can be sent
to apprehend, without warrants, the man who publicly expresses his
opinions--if he can be handcuffed like a felon, and thrust into a
gaol--if indictments can be brought against him, and he be put to
ruinous expenses and harassing anxieties, however honest the expression
of opinion may be--then, I say, this 'liberty-law' is a mockery. But by
the word 'decent' is meant 'what those in authority think proper.' There
should be no censorship of opinions; but I am told that because I spoke
to ignorant people, I am criminal. To educated persons, then, I might
have said what I did with impunity--
Mr. Justice Erskine. I only, after speaking of education, said that an
honest man, speaking his opinions decently, was entitled to do so.
Public-domain text, read in full here on John Shaqi.
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