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
was not a written answer. The solution given by the defendant is, that
although his opinions are unhappily such that he has no belief in a God,
he had no intention of bringing religion into contempt. He went on
to state that he considered it the duty of the clergymen of the
establishment to have reduced their incomes one-half. If he had meant
this, he ought to have made use of other language. You will dismiss from
your minds all statements in newspapers, or other statements made out
of court, and consider it in reference to the evidence. If you are
convinced that he uttered it with levity, for the purpose of treating
with contempt the majesty of Almighty God he is guilty of the offence.
If you think he made use of these words in the heat of argument without
any such intent, you will give him the benefit of the doubt. If you
are convinced that he did it with that object you must find him guilty,
despite of all that has been addressed to you. If you entertain a
reasonable doubt of his intention, you will give him the benefit of it.
* In the report of my original speech to Maitland, which I
read to the court from the Oracle.
The jury, after a very brief deliberation, returned a verdict of
_Guilty_.
[One of the jury was a Deist, a professed friend of free speech, and who
had said that he never could convict me, but he wanted courage when the
hour of the verdict came, and gave in against me. For myself, I never
for a moment expected an acquittal. During the few moments of the jury's
consultation, I took my watch from my neck and gave it, with my keys, to
my friend, Mr. Knight Hunt. My papers I consigned to my friend Mr. W. B.
Smith, as for all I knew they might the next moment become the property
of the court by virtue of the sentence.]
Mr. Justice Erskine. George Jacob Holyoake, if you had been convicted as
the author of that paper which Adams has been convicted of publishing,
my sentence must have been very severe. But, although the name is the
same, there is no evidence of it.* You have been convicted of uttering
language, and although yom have been adducing long arguments to show
the impolicy of these prosecutions, you are convicted of having uttered
these words with improper levity. The arm of the law is not stretched
out to protect the character of the Almighty; we do not assume to be
the protectors of our God, but to protect the people from such
indecent language. And if these words had been written for deliberate
circulation, I should have passed on you a severer sentence. You uttered
them in consequence of a question--I have no evidence that this question
was put to draw out these words. Proceeding on the evidence that has
been given, trusting that these words have been uttered in the heat
of the moment, I shall think it sufficient to sentence you to be
_imprisoned in the Common Gaol for Six calendar months_.
Public-domain text, read in full here on John Shaqi.
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