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
In this passage, then, there is not one word about scripture in the
sense of 'holy scripture.' Judge Prisot says, 'To such laws as the
church has in ancien scripture (t. e.9 ancient writing) we ought to
give credence.' And what does he mean by 'laws which the church has in
ancient writing?' not any laws that are to be found in the Bible, but
the canon or ecclesiastical laws by which the temporal concerns of the
church are guided. And the reason he uses the phrase 'ancien scripture,'
or ancient writing, is that the laws were not then printed; the only
record of them was in writing. Printing had not been introduced into
England, and was only just discovered on the continent, the laws
therefore of the spiritual and temporal courts were only to be seen in
writing. And as though there should be no doubt as to his meaning, he
goes on to say, 'And as we are obliged to recognise their laws (that is
the ecclesiastical laws, or laws of the spiritual courts), so they
are obliged to recognise our laws (that is, the laws of the temporal
courts).' It must therefore be evident that this quotation of Mr.
Christian is a perversion or mistake, a judicial forgery or a judicial
blunder, and in either case its authority is of no value. It must be
dismissed altogether from our minds in considering what the law is upon
this point--that is, whether Christianity is or is not a part and parcel
of the law of England. Unfortunately, however, we shall find that this
case is actually made the substratum of the law. In proving, therefore,
that it cannot warrant such a law, surely I prove that at common law, at
least to speak against Christianity, is not an offence.
The next case is that in Ventris' Report, vol. 1, p. 293. It is called
Taylor's case, and Chief Justice Hale certainly declares explicitly in
this case, 'that Christianity is parcel of the laws of England.' But he
cites no authority whatever.
Public-domain text, read in full here on John Shaqi.
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