The History Of The Last Trial By Jury For Atheism In England Part 5

'Shewith,--That your memorialist was committed to this gaol from Cheltenham, on the vague charge of blasphemy, on June 3rd.

'That in consequence of representations made to him by the police authorities in Cheltenham, your memorialist brought with him to the gaol some private papers, hastily selected, for his defence--and that, on arriving here, the said papers were seized, and the visiting magistrate refused to allow your memorialist the use of them, or to give them up to his friends to be used for his advantage.

'That, as these papers were brought in confidence that your memorialist would have been allowed to consult his own thoughts in his own defence--and as they are no man's property but his own--and, also, as without them your memorialist will not have a fair chance of defence,--he trusts you will order them to be restored to him without delay.

'The offence with which your memorialist stands charged occurred as he was journeying homeward, in a town where he was a comparative stranger.

Consequently, and owing to great bigotry on religious subjects, your memorialist has been unable to obtain bail, and has suffered fourteen days' imprisonment, which time he has spent in fruitless applications to the authorities here for proper books and papers to prepare his defence.

Out of a list of thirty-one books submitted for that purpose only thirteen are allowed.

'That, as the trial of your memorialist is to take place at the next sessions of this county, to be holden on the 28th inst., and he is without the means of defence or hope of justice, and has a wife and two children dependent on him for support, he is placed in circ.u.mstances of peculiar anxiety.

'Hence your memorialist earnestly hopes that you will direct that his papers, seized as before mentioned, be immediately restored to him, and also that he be allowed free access to such works and papers as he may deem necessary for his defence, and that without further delay.

'(signed) George Jacob Holyoake.

'County Gaol, Gloucester, June 14, 1842.'

The papers were _afterwards_ returned; but, had it not been for friends in the House of Commons, and in various parts of the country, I should have been deprived of the materials for my defence. Public opinion did for me that which Christian charity refused.*

* At the Gloucester Trinity Sessions, Mr. R. B. Cooper stated, in contradiction of the prayer of this memorial, that 'as soon as I mentioned that my papers were necessary for my defence they were returned to me.' Mr. S. Jones said he 'took my papers home, and _every one_ I wanted for my trial on the morrow I had given to me.' Both these statements were untrue, and I stated so at the time in the _Cheltenham Free Press_, and my a.s.sertion was never impugned.

Strong prejudices exist against me as being a Socialist. Your local newspapers have denounced me on this ground. To show that I deserve no condemnation on this account I shall draw your attention to the nature of Socialism. I have here a little book, stated to be published by the 'Society for Promoting Christian Knowledge.' If it had been stated to be a 'society' for disseminating 'malicious knowledge' the t.i.tle-page would have been correct--for a more gross series of misrepresentations were never strung together. If what it says of Socialism were true, then I might be abused; but Socialism as I have learned or explained it, would never lead to the injury of peace or the disturbance of public order.

The first paragraph of G.o.dwin's 'Political Justice' is an epitome of Socialism as developed in this country hitherto s it is 'an investigation concerning that form of political society, that system of intercourse and reciprocal action extending beyond the bounds of a single family, which shall be found most conducive to the _general_ benefit--how may the peculiar and independent operation of each individual in the social state most effectually be preserved--how may the security each man ought to possess as to his life, and the employments of his faculties according to the dictates of his own understanding, be most certainly defended from invasion--how may the individuals of the human species be made to contribute most substantially to general improvement and happiness.' But I shall not content myself with one authority; and to avoid the charge of presumption, I have gathered much of my defence from other men's writings, and shall make them speak for me.

Socialists have been declared to have dangerous metaphysical notions.

The whole question has been expressed by the poet-philosopher Goethe in four lines, translated by Ebenezer Elliott, thus--

How like a st.i.thy is this land!

And we lie on it, like good metal Long hammer'd by a senseless hand; But will such thumping make a kettle?

Meaning that senseless hammering and senseless legislation could neither make the dull iron into a kettle, nor a vicious people into an enlightened nation. Socialism says, all men have in them the true metal--the elements of goodness, which all governments are responsible for moulding. Socialism proposes to subst.i.tute other means than punishments for the prevention of crime, and that you may not think these chimeras of my own, I will read you the opinion of a Lord Cardinal to a certain High Chancellor of England, Sir Thomas More, who, in his 'Utopia.' says, 'When I was in England, the king depended much on his councils....

One day when I was dining with him there happened to be at table one of the English lawyers, who took occasion to run out in high commendation of the severe execution of justice upon thieves, "who," as he said, "were then hanged so fast that there were sometimes twenty on one gibbet!" and upon that he said, "he could not wonder enough how it came to pa.s.s, that since so few escaped there were so many thieves left, who were still robbing in all places." Upon this, I (who took the boldness to speak freely before the cardinal) said, "there was no reason to wonder at the matter, since this way of punis.h.i.+ng thieves was _neither just in itself nor good for the public_; for as the severity was too great, so the remedy was not effectual; simple theft not being so great a crime, that it ought to cost a man his life: no punishment, how severe soever, being able to restrain those from robbing who can find no other way of livelihood. In this (said I) not only you in England but a great part of the world, imitate some ill masters, that are readier to chastise their scholars than teach them. There are dreadful punishments enacted against thieves, _but it were much better to make such good provisions by which every man might be put in a method how to live and so be preserved from the fatal necessity of stealing, and of dying for it._"' Socialism would try to obtain a remedy for the evils which judges go round year by year lamenting; Socialism would suggest a means of affording employment, and thus mitigate the crime which judges and juries are called to punish.

Such objects may be declared chimerical, but surely it is not criminal to hope that they can be carried out, and to feel that they ought.

I could read many other pa.s.sages to show that under no circ.u.mstance Socialism merits that character which has been ascribed to it But I do not deem it necessary, as I think I have said enough to prove that. Nor do I want to instil my sentiments, but merely to disabuse your minds of a prejudice which has been disseminated to my disadvantage.

My a.s.suming the right of free expression inculcated by Mr. Owen, and when asked a question, refusing to equivocate, are opposed, it would appear, to the laws of this country. But this I have learned from Socialism, that there can be no public or private virtue, unless the foundation of action is the practice of truth. Pa.s.sing through Cheltenham to pay a visit to a friend, I delivered a lecture. After which the words were uttered which are here indicted. When I had read the _Cheltenham Chronicle_, in the city of Bristol, I returned to Cheltenham. If I had been conscious of guilt, should I have returned?

On the night of my apprehension marks of kindness were shown me by the people. If I had acted disgracefully, would the people of Cheltenham have met a stranger and showed him marks of esteem and friends.h.i.+p?

I went to the station-house and remained there all night. When taken before the magistrates, Mr. Capper told me I was not fit to be reasoned with, because I did not believe in a G.o.d, and that it was from a love of notoriety that I acted: but from the love of mere notoriety I have never uttered any sentiments, for I hold such conduct in contempt. After I was taken from the magistrates' office, I was treated with contumely at the police-station. Surgeon Pinching, finding me completely in his power, said he was sorry the days were gone by when I could hold up my head, and wished the inquisition could be put in force against such persons as myself. I was thrust into a filthy cell, and my hands were bolted together and the skin pinched off. I was brought to Gloucester on a sultry day, and should have been made to walk had not some friends interfered and obtained permission for me to ride, on paying my own fare and that of two policemen. There was no indication from my manner that I wished to make my escape, and the company of two policemen was sufficient to prevent it. It was thought if I was chained like a felon and dragged through two towns, it would wound my feelings. If these are the ways in which the truths of Christianity are to be taught, I leave you to judge of them. Two of your magistrates conversed with me, and shouted with much rudeness that I was a fool for holding my opinions. I never could have said this to any man, and yet such treatment I received from magistrates old enough to be my grandfathers.

Here Mr. Bransby Cooper, who sat upon the left of the Judge, was so moved by this remark, that he rose and e.j.a.c.u.l.a.t.ed something in Court; but the Judge peremptorily commanded him to sit down.

Mr. Holyoake then read the memorial of the public meeting of the inhabitants of Cheltenham, before quoted, referring to the conduct, at the examination, of Joseph Overbury, Robert Capper, and the Rev. T. B.

Newell, D.D., magistrates.

Mr. Justice Erskine. You ought not to read any statement not authenticated by evidence, which reflects on any person.

Defendant. This is a pet.i.tion of a public meeting.

Mr. Justice Erskine. It is not evidence.

Defendant continued. I have never been anxious under any circ.u.mstances to obtrude my opinions on the public. I confined myself strictly to the subject on which I lectured, and should not have introduced my sentiments on religion, should not have spoken another word after my lecture, if I had not been publicly questioned. I have held various situations, and in all secular ones I have strictly kept religious opinions out of view. It is known that I have taught that and that only which I have been employed to teach. In proof of this I may cite testimonials given me upon the occasion of my applying for the situation of collector at the Birmingham Botanic Gardens. They are from magistrates and gentlemen of Birmingham, and the post was one requiring a person of trust, as considerable funds would have to pa.s.s through his hands in a year.

Mr. Holyoake here quoted from numerous testimonials. One of them, from a magistrate, F. Lloyd, Esq., stated that Mr. Holyoake obtained the first prize at the Mechanics' Inst.i.tute, some years ago, for proficiency in mathematics, a proficiency attained, too, under most discouraging circ.u.mstances.' Another of the testimonials was from the Rev. S. Bache, one of the ministers of the New Meeting House congregation. Having read these doc.u.ments, Mr. Holyoake resumed.

During one of those commercial panics, which a few years ago pa.s.sed over this country like a pestilence, my parents were suddenly reduced from a state of comparative affluence to one of privation. At one of these seasons my little sister became ill. While she was so the Rev. Mr.

Moseley, M.A., Rector of St, Martin's, Birmingham, sent an order to us for his Easter due of fourpence. On previous occasions this demand had been cheerfully and promptly paid; but now, small as the sum was, it was sufficient materially to diminish the few comforts our house of illness unfortunately afforded; and it was therefore discussed whether the demand of the clergyman should be paid, or whether it should be expended in the purchase of some little comforts for my sick sister. Humanity decided; and we all agreed that it should be devoted to this latter purpose. It was; but, I think, the very next week, a summons came for the Easter due, and two s.h.i.+llings and sixpence were added, because of the non-payment of "the _fourpence_". The payment of this could now no longer be evaded, for in a few days a warrant of _distraint_ would have rudely torn the bed from under her, as had been the case with a near neighbour. Dreading this, and trembling at the apprehension, we gathered together all the money we had, and which was being saved to purchase a little wine to moisten the parched lips of my dying sister, for at this time her end seemed approaching. My mother, with a heavy heart, left home to go to the Public Office. The aisles there were cold and cheerless like the outside this court, and there, all broken in health and spirits, worn out with watching, and distracted by that anxiety for her child a parent, under such circ.u.mstances, only could feel, she was kept from five to six hours waiting to pay the two s.h.i.+llings and ten-pence. When she returned all was over--my sister was dead.

Gentlemen, will you wonder if, after this, I doubted a little the utility of church establishments?* and if, after the circ.u.mstances I have related, I did not think so highly of church 'as by law established' as before, can you be surprised? Can you punish me for it?

[At this point many ladies wept, and the Court manifested considerable attention.]

* I have since learned that Mr. W. J. Fox read this pa.s.sage in a Sunday morning lecture on the events of the month, delivered at South-place in the September following my trial; and I take this opportunity of acknowledging that Mr.

Fox was the only occupant of a pulpit from whom I received a friendly line during my entire imprisonment.

I have been told to look around the world for evidences of the truth of the Christian religion; to look upon the world and draw different conclusions. It is well for those who enjoy the smiles of fortune to say so. For them all s.h.i.+nes brightly--for them all is fair. But I can see cause of complaint, and I am not alone in the feeling. Mr. Capel Lofft had said, 'the sours of life less offend my taste than its sweets delight it.' On this Kirke White wrote:--

Go to the raging sea, and say 'Be still!' Bid the wild lawless winds obey thy will; Preach to the storm, and reason with despair-- But tell not misery's son _that life is fair_.

Thou, who in plenty's lavish lap hast roll'd, And every year with new delight hast told--Thou, who, rec.u.mbent on the lacquer'd barge, Hast dropt down joy's gay stream of pleasant marge, Thou may'st extol life's calm, untroubled sea--The storms of misery ne'er burst on thee. Go to the mat where squalid want reclines; Go to the shade obscure where merit pines; Abide with him whom Penury's charms control, And bind the rising yearnings of his soul--Survey his sleepless couch, and, standing there, Tell the poor pallid wretch _that life is fair_!

Lo! o'er his manly form, decay'd and wan, The shades of death with gradual steps steal on; And the pale mother, pining to decay, Weeps, for her boy, her wretched life away.

Go, child of fortune! to his early grave, Where o'er his head obscure the rank weeda wave; Behold the heart-wrung parent lay her head On the cold turf, and ask to share his bed. Go, child of fortune, take thy lesson there, And tell us then that life is _wondrous fair_.

As I grew up I attended missionary meetings, and my few pence were given to that cause. When told of heathen kings who knew not G.o.d, and caged their miserable victims, I shuddered at their barbarity and prayed for their conversion. O waste of money and prayers that should have been employed on Christian men. O infantile fatuity! Do I not reap the whirlwind for my pains? I learned the accents of piety from my mother's lips. She was and still is a religious woman. Whatever may be the dissent I entertain, I have never spoken of her opinions in the language of contempt. I have always left her (as she to her honour has left me), to enjoy her own opinions. In early youth I was religious. I question whether there is any here who have spent more time than I did as a Sunday school teacher. I have given hours, which I ought to have employed in improving myself, in improving others. It is not without giving to Christianity time and attention--without knowing what it was--that I have given it up. Some lines I contributed to a religious publication at that time, will show the tone of thought which inquiry has subsequently changed:--

THE REIGN OF TIME.

The proudest earthly buildings show, Time can all things devour; E'en youth and beauty's ardent glow, And manhood's intellectual brow, Betray the spoiler's power: How soon we sink beneath his sway-- He glances, and our heads turn gray.

Though, over all this earthly ball, Time's standard is unfurled, And ruins loud to ruins call Throughout this time-worn world-- Yet from this wreck of earthly things, See how the soul exulting springs.

And after the archangel's wand Has wav'd o'er earth and sea, And Time has stopped at his command, The soul will nourish and expand Through all eternity.

Religion--lovely, fair, and free-- Holds forth this immortality.

By all the glories of the sky, To mortals yet unknown-- And by the worm that ne'er shall die, The fires that always burn-- By all that's awful or sublime, Ye sons of men improve your time.*

* 'Baptist Tract Magazine.' Vol. ii., p. 341.

It was stated by one of the magistrates that my being of no religion was no crime. I may conclude from what I heard this morning that I am not to be punished for not being religious. It was argued in, the _Cheltenham Chronicle_ that my expressing my opinions was no crime, and I was at some loss to know what my crime was. The charge stated I was guilty of _blasphemy_. In the depositions made against me, it is stated that I was brought before the Cheltenham magistrates on a charge of felony. I believe now what I have to answer is the accusation of uttering certain words offensive to the _Cheltenham Chronicle_.

This paper stated that 'three persons were ready to give evidence on the matter.' And yet the witness says he knew nothing of it till the policeman came for him. He says they were 'chaffing' about my remarks in the office--that is, joking upon them. It does not say much for his seriousness--reporting these 'horrid sentiments' at night, and the next morning '_chaffing_' about them. If it was an aggravation of my crime to have chosen an innocent subject, what would the learned counsel have said if I had chosen a guilty one? It has been sworn by the witnesses that I said I did not believe there was such a _thing_ as a G.o.d, and an attempt has been made to make you believe that I used the term 'thing'

contemptuously, but the witness admits that I did not use it in a contemptuous sense. The same word occurs in some lines by Thomas Moore:--

Man, in the suns.h.i.+ne of the world's new spring, Shall walk transparent like some holy thing.

I must have used the word 'thing' in some such sense as it is used in these lines.

It is laid down by the Common Law, that a person denying the existence of a G.o.d is a blasphemer. It has not been shown that I did this. I merely stated my disbelief--and disbelief is not included by the law.

There is a great difference between denial and disbelief. If I had said distinctly 'there is no G.o.d,' it would have been stating that I was quite sure of it. I could not have said that, because I am not sure of it. I saw reasons for disbelief, but did not a.s.sert denial. Disbelief is all I profess. Those dogmatise who affirm, rather than those who deny a proposition. Mr. Southwell put this point in its proper light:--