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
But let us see what Christianity is according to common law? We may
remark--
1. Its inconsistency.--It calls blasphemy the greatest crime man
can commit. Yet in the case of Hetherington v. Moxon, it permits the
_respectable_ blasphemer to go free. Blasphemy in guinea volumes it
allows, but exhibits the holiest horror at it when in penny pamphlets.
2. Its barbarity, as in Peter Annet's case.--In Michaelmas term, M. 3.
G. 3. Peter Annet was convicted on an information for writing 'a most
blasphemous libel,' in weekly papers called the _Free Inquirer_, to
which he pleaded guilty; in consideration of which, and of his poverty,
of his having confessed his errors in an affidavit, and of his being 74
years old, and some symptoms of wildness that appeared on his inspection
in court, the court declared they had mitigated his punishment to the
following: To be imprisoned in Newgate for one month; to stand twice
in the pillory with a paper on his forehead, inscribed Blasphemy; to be
sent to the House of Correction to hard labour for a year; to pay a fine
of 6s. 8d., and to find security himself in £100, and two sureties in
£50 each for his good behaviour during life.*
3. Its capriciousness.--The common law before the time of Henry VIII.
was one thing, but afterwards it was another. The language which
was blasphemy at the first period, was not so in the other. Those
expressions which insulted God before Henry the Eighth was born, did not
insult him afterwards. Henry the Eighth's opinion made the difference.
Lord Commissioner White-locke (5 Howell's State Trials, p. 826), in
Debate whether James Nayler the quaker should suffer death, remarked,
'I remember a case in our book H. 7, where the bishop committed one to
prison for a heretic, and the heresy was denying that tythes were due to
the parson. This at that time was a very great heresy.'
4. Its disregard of equal justice.--A British subject would be punished
for firing into a Turkish vessel; but he is not punishable for attacking
the captain and sailors with Bibles and tracts, which, if they read
and believe, will make them apostates from the faith of Mahomet, and
blasphemers of the Koran. While on terms of amity with the Sublime
Porte, the laws of England restrain us from despoiling them of their
property, but not from despoiling them of their religion.**
* Blackstone's Reports, p. 305.
** Vide Freethinker's Information for the People.
Public-domain text, read in full here on John Shaqi.
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