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
has a right to entertain opinions opposed to the religion of the state,
nor to express them. Man is only responsible for his opinions to God,
because God only can judge of his motives, and we arrogate his duties if
we judge of men's sentiments. If men will entertain sentiments opposed
to the religion of the state we require that they shall express them
reverently, and philosophers who have discussed this subject all agree
that this is right Mr. Archdeacon Paley has stated this in language
so plain, far better than any words I could supply myself. 'Serious
arguments are fair on all sides. Christianity is but ill-defended by
refusing audience or toleration to the objections of unbelievers. But
whilst we would have freedom of inquiry restrained by no laws but those
of decency, we are entitled to demand, on behalf of a religion which
holds forth to mankind assurances of immortality, that its credit
be assailed by no other weapons than those of sober discussion and
legitimate reasoning.' Our law has adopted that as its rule, and men are
not permitted to make use of indecent language in reference to God
and the Christian religion, without rendering themselves liable to
punishment. You have had a great number of books read to you, arguing
whether it was politic to prosecute in such cases. One of the sentiments
was a dignitary's reply, 'I will answer it.' That points out the
difference in these cases.
Sober argument you may answer, but indecent reviling you cannot, and
therefore the law steps in and punishes it. You have been told you have
to consider what is blasphemy. He asked the witness what he considered
blasphemy, and he gave him a very sensible answer. What you have to try
is, whether the defendant wickedly and devisedly did intend to bring the
Christian religion into contempt among the people, by uttering words
of and concerning Almighty God, the holy Scriptures, and the Christian
religion. The charge is, that he uttered these words with the intention
of bringing Almighty God, the Christian religion, and the holy
Scriptures, into contempt. You are not called upon to say whether in
your judgment the opinions of the defendant are right or wrong--whether
it is right or wrong that words like these should be punished,
but whether he uttered these words with the intent charged in the
indictment. These words were proved by a witness who admits that others
were used, that they did not follow consecutively, and that other words
were interspersed. It is right that you should have the whole set before
you, for a man is not to be judged for what is partly set before you,
and therefore it was necessary you should have the whole of what was
said. The way in which the witness related the statements made by
defendant was this: He said he had been lecturing on 'Home Colonisation,
Emigration, and Poor-Laws superseded.' After the lecture had been
closed, some man whose name he did not then know, said the lecturer had
Public-domain text, read in full here on John Shaqi.
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