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قراءة كتاب 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

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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

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

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دار النشر: Project Gutenberg
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believe in a God?' but a question was put to him which assumed his belief in a God, and had he not testified at once his disbelief, he would have sanctioned the false assumption: and if not a liar, would have been at least the permitter of a lie; between which is no distinction recognised by an honourable man. In arguing thus we would not express any sympathy whatever with Mr. Holyoake's atheism, we are merely concerned to show that it was not Mr. Holyoake's right alone, but absolutely his duty, to say that 'he did not believe in a God.' It was his duty, if it be the duty of man to be honest; he could not have spoken otherwise, unless he had 'lied against his heart,' and lied towards mankind.

The next number of the aforesaid Cheltenham Chronicle brought me this further notice:—

Holyoake the Blasphemous Socialist Lecturer.—In reference to a paragraph which appeared in the last Chronicle regarding this monster, the magistrates read the article alluded to, and expressed their opinion that it was a clear case of blasphemy. In order to check the further progress of his pernicious doctrines, the superintendent of police was ordered to use every exertion to bring him to justice.

On reading this paragraph I lost no time in setting out for Cheltenham, to hold a public meeting and justify myself to the town. Foot-sore and weary—for the journey was more than thirty miles, and the day very hot—I reached Cheltenham on the 1st of June, and proceeded as privately as a 'monster' could to my friends the Adamses. The next night I slid like sleep into the meeting, lest the police should prevent me from addressing it. Mr. Leech, a leading Chartist, presided, and the meeting was addressed by Messrs. Parker, jun., Geo. Adams, W. Bilson, and J. B. Lear. The Chartists of Cheltenham at that time held possession of the Mechanics' Institution, and they were threatened with the loss of it, if they let it to me to speak in any more. But as I required it in self-defence they generously disregarded the menace, and permitted me the use of it. My friends in the distant town of Newcastle-upon-Tyne afterwards gracefully acknowledged this kindness by making a collection for Mrs. Holberry, the wife of a Sheffield Chartist who had perished in prison. Before I had been long in the meeting, Superintendent Russell came in with about a dozen men, who were arranged on each side the door, and their glazed hats formed a brilliant, but a dubious back-ground for a meeting on Free-Discussion. I spoke an hour after they came in. So rare an audience was not to be thrown away, and I thought we might convert some of them. At the conclusion Superintendent Russell, who had the politeness to wait till we had done, intimated that he had instructions to apprehend me. I asked for his warrant. He said he had none. It was in vain that I protested against the irregularity of the proceeding. He replied that his instructions were imperative upon him—and it was thereupon arranged that I should walk down to the station with Mr. Hollis, a well-known gun maker of Cheltenham, and there, the meeting following, we arrived in procession between eleven and twelve o'clock.

To the truth, it is no great proof a posteriori of a man's extravagance, that he should be involved in legal proceedings in Cheltenham on account of freedom of speech. Owing to priestly and conventional influences, that town will furnish a jury who would, under direction, bring in any man guilty of blasphemy who boiled his tea-kettle on a Sunday. Not long before the time now spoken of, a Mormon preacher, holding forth there, happened to say that the Elements of Euclid were as true as the Bible: and for this he was indicted for blasphemy, and was only saved from imprisonment by the grand jury (who must have had infidel tendencies) throwing out the bill.

On the morning after my apprehension I was taken before the Rev. Dr. Newell, R. Capper, and J. Overbury, Esquires, magistrates of Cheltenham. The Rev. Dr. Newell ought to have had the pride, if not the decency, to have kept away.

The Cheltenham Chronicle reported that' George Jacob Holyoake, who was described as a Socialist lecturer, and as the editor of the Oracle of Reason, was charged with delivering atheistical and blasphemous sentiments at the Mechanics' Institution, on the evening of the 24th of May. The prisoner had been apprehended last night, after delivering another lecture at the same place. The affair appeared to have caused great sensation, and several persons attended at the office anxious to hear the examination. Amongst the number were some individuals who, without the blush of shame mantling their cheeks, acknowledged themselves friends of the accused.'

Mr. Bubb, a local solicitor, a particularly gross and furious man, then said—'I attend to prefer the charge of blasphemy, and I shall take my stand on the common unwritten law of the land. There have been a variety of statutes passed for punishing blasphemy, but these statutes in no way interfere with the common unwritten law. (Mr. Capper nodded assent.)* Any person who denies the existence or providence of God is guilty of blasphemy, and the law has annexed to that offence imprisonment, corporal punishment, and fine. I shall give evidence of the facts, and I shall ask that he be committed for trial, or required to find bail for his appearance. The offence is much aggravated by his having put forth a placard, announcing a lecture on a subject completely innocent, and having got together a number of persons, has given utterance to those sentiments which are an insult to God and man.'

     * Mr. Bubb took his stand on the common law because his
     object was to make it a sessions case, and to take it out
     of the statuary law, which (9 & 10 Will. 3, c. 32) would
     have required that information of the words spoken should be
     laid before a justice of the peace within four days from
     their utterance, and would likewise have implied a trial at
     the assizes.

The assertion that I had employed duplicity in choosing my subject was quite gratuitous. Addressing the Bench, I asked whether it was legal in these cases to apprehend persons without the authority of a warrant?

Mr. Capper replied, 'Any person in the meeting would be justified in taking you up without the authority of a warrant,' which showed that the Bench were better read in Bigotry than in Blackstone. I said it was customary in other towns, where bigotry existed to a greater degree even than it did there, for information to be laid and a regular notice served.

Mr. Capper said, 'We refuse to hold an argument with a man professing the abominable principle of denying the existence of a supreme Being,' This was not a very legal way of getting rid of my objections, but it answered in Cheltenham.

Two witnesses, James Bartram and William Henry Pearce, both of the Chronicle office, were adduced to report the words that formed the ground of the indictment. Neither of them could recollect anything else but the objectionable words reported in their own paper, and to these they did not swear positively, but only to the 'best of their belief.' Mr. Pearce was not produced at the trial at the Assizes, he having no local reputation but that of a dog-fancier and fighter, which did not render him a creditable authority on matters pertaining to religion. Bartram's sister was a Socialist, and she came to me some years after, in Manchester, to apologise for the disgrace brought upon her family by the weakness or the ignorance of her brother.

Mr. Overbury said he considered the case satisfactorily proved, and added, 'Whether you are of no religion is of very little consequence to us, but your attempt to propagate the infamous sentiment that there is no God, is calculated to produce disorder and confusion, and is a breach of the peace.' This was the remark of an ill-informed politician rather than of a

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