Law -- England; Poor -- England; Poor laws -- England; Working class -- England
This again, like many of the things which we may reasonably complain
about in what is, as the world goes, a humane criminal law, is one of the
matters handed down by our forefathers which we have not had time to set
right. In the old days Unitarians and others were burned alive. Fuller in
his Church History says: it was found that "such burning of heretics much
startled common people, pitying all in pain and prone to asperse justice
itself with cruelty because of the novelty and hideousness of this
punishment.... Wherefore King James politickly preferred that heretics
hereafter, though condemned, should silently and privately waste
themselves in prison." And that is what all heretics ought to do to-day if
the law were equally administered, but as a matter of fact these laws are
only put in force against poor, noisy people who preach their doctrines in
the market place, and are a dead letter against those who preach the same
doctrines on hand-made paper bound in morocco. I can quite believe that a
bye-law to hinder one man saying coarse and ill-mannered things about
another man's religion in open spaces might be a reasonable police
proposition; but there must be free trade in these things and the
Established Church must not have a preference. Moreover, such a law must
not be extended to pulpits or printing presses or much interesting
theological polemics would be lost to us. For the Blasphemy Laws in the
twentieth century, protecting only one form of religion and set in motion
only against the poor, nothing can be said. Foul language and obscenity
can and are punishable in other ways, and the cause of religion is poorly
served by being protected by laws which are only set in motion when the
well-to-do are annoyed by the vulgarity and ill-manners of the poor.
There is no gainsaying that once in the dock all men are equal or very
nearly so, but one may harbour a suspicion whether all men have equal
opportunities of getting there. Theoretically, the dock, like the Bench
and the Cabinet and all other British institutions, is approached by an
ever open door; but in practice more goats wander through the opening than
sheep. Yet your sheep is a born trespasser. There are some who believe
that his immunity from punishment is due to the wool on his back.
Public-domain text, read in full here on John Shaqi.
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