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
Will you suffer this court to proclaim the sacred nature of an oath, and
openly violate it in the same hour and under the same roof? I might ask
in the spirit of that Christianity you sit there to administer, how do
you propose to answer to your God in that day when the secrets of all
hearts are to be opened, when all dissembling is to be exposed, and all
perjury punished; how do you pro-pose to answer for having invoked the
name of God in this assembly only to disregard it, on the poor plea of
precedent--that others have done so before? For, gentlemen, there is
nothing else that even the subtlest sophistry can conjure up to justify
you. But I best prefer appealing to you as honest men, in the spirit of
my own reasoning, and thinking; as men with an eye to the improvement of
mankind, who would break the unjust shackles that bind them, who would
discard prejudice in order to be just, who will not condemn me because I
am not rich, and who will listen to humanity rather than to bigotry, and
respect truthfulness wherever you may find it. I believe that in every
honest heart there is a sense of rectitude that rises superior to
creeds, that respects all virtue and protects all truth, that asks for
no names and seeks no precedents before resolving to do rightly, that
fears no man's frowns, and dares to be just without custom's permit.
To this feeling, gentlemen, only do I appeal, and by its verdict I am
willing to abide.
Mr. Justice Erskine: Gentlemen of the jury, although the lengthened
address of the defendant has demanded from you so long endurance, in
this vitiated atmosphere, I still trust we shall have enough of power
left to direct our minds to the parts of this case which are important.
The greater part of the time has been wasted on subjects with which you
have nothing to do. We are not sitting here as a deliberative assembly
to consider whether in respect of such cases as this it is politic or
wise to imprison for opinions--whether men ought to be punished for
uttering such sentiments--and I shall have nothing to say to you on
that point. We have to decide on the law as we find it. I shall make no
law--the judges made no law, but have handed it down from the earliest
ages. I should have no more power to alter this than to say the eldest
son is not the heir of his father. Allusion has been made to some
expressions of mine, when in the course of my duty I directed the
attention of the grand jury to these cases. Certainly the printed report
was highly incorrect. I said nothing to prejudice them. Inasmuch as
this offence directly tended to take away that foundation on which
real morality can alone be safely based, I told them what I feel,
that without religion there is no morality. I recommended that that
foundation may be made by early education and habits of thought, but
in so doing I did not mean to prejudge, nor do I seem to have been
considered as doing so, I am not going to lay down as law that no man
Public-domain text, read in full here on John Shaqi.
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