99,,the ,,trial ,,of ,,henry ,,hetherington99 ,by 99,henry ,hetherington99 ,on an ,indictment for ,blasphemy ,,contents ,a ,,full ,,report ,,of ,,the ,,trial ,,of ,,henry ,,hetherington ,,the ,,trial ,,indictment ,second ,count3 ,third ,count3 ,mr4 ,bult opened the proceedings ,,defence ,,observations ,extract from ,the ,sun ,newspaper ,,to ,,lord ,,denman1 ,,on ,,the ,,late ,,prosecution ,,for ,,blasphemy ,a ,,full ,,report ,,of ,,the ,,trial ,,of ,,henry ,,hetherington ,,on ,,an ,,indictment ,,for ,,blasphemy1 ,,lord ,,denman ,,and ,a ,,special ,,jury1 ,,on ,,tuesday1 ,,december #h1 #ahdj2 ,,for ,,selling ,,haslam',s ,,letters ,,to ,,the ,,clergy ,,to ,,all ,,denominations3 ,,the ,,whole ,,of ,,the ,,authorities ,,cited ,,in ,,the ,,defence1 ,,at ,,full ,,length4 ,,london3 ,,printed ,,and ,,published ,,by ,,henry ,,hetherington1 #a-bf1 ,,strand2 ,,and ,,sold ,,by ,,all ,,booksellers4 #ahdj ,price ,sixpence4 ,to ,,james ,,watson1 ,,bookseller1 ,,the ,,friend ,,of ,,truth1 ,,the ,,infidel ,,to ,,error1 ,,and ,,the ,,lover ,,of ,,liberty1 ,,this ,,trial ,,is ,,dedicated1 ,,in ,,proof ,,of ,,the ,,affectionate ,,attachment ,,that ,,subsists ,,between ,,two ,,friends1 ,,who ,,fully ,,recognise ,,and ,,act ,,upon ,,the ,,principles ,,avowed ,,and ,,contended ,,for ,,in ,,the ,,following ,,defence2 ,,and ,,as ,a ,,tribute ,,of ,,esteem1 ,,to ,,god',s ,,noblest ,,work--,,an ,,honest ,,man6 ,,by ,,his ,,faithful ,,friend1 ,,henry ,,hetherington4 ,,the ,,trial ,,court ,,of ,,queen',s ,,bench1 ,december #h1 #ahdj4 ,sittings at ,nisi ,prius at ,westminster1 before ,lord ,,denman and a ,middlesex ,special ,jury4 ,,prosecution ,,for ,,blasphemy4 ,,the ,,queen ,versus ,,hetherington4 ,this was a prosecution instituted by ,her ,majesty's ,attorney-,general1 ,sir ,john ,campbell1 against ,henry ,hetherington1 bookseller1 of #abf1 ,strand1 for the publication of a blasphemous libel4 ,,indictment ,of ,easter term1 in the ,third ,year of the ,reign of ,queen ,victoria4 ,middlesex3-- ,be it remembered1 that on ,tuesday1 the twenty-eighth day of ,april1 in the third year of the reign of our sovereign lady ,victoria1 by the grace of ,god1 of the ,united ,kingdom of ,great ,britain and ,ireland1 ,queen1 ,defender of the ,faith1 in the court of our said lady the ,queen1 before the ,queen herself at ,westminster1 in the county of ,middlesex1 upon the oath of twelve jurors1 good and lawful men1 of the said county of ,middlesex1 now here sworn and charged to inquire for our said lady the ,queen for the body of the same county2 it is presented as followeth1 that is to say1 ,middlesex to wit4 ,the jurors for our lady the ,queen upon their oath present1 that ,henry ,hetherington1 late of ,westminster1 in the county of ,middlesex1 bookseller1 being a wicked1 impious1 and ill-disposed person1 and having no regard for the laws and religion of this realm1 but most wickedly1 blasphemously1 impiously1 and profanely devising and intending to asperse and vilify that part of the ,holy ,bible which is called the ,old ,testament1 on the third day of ,february1 in the third year of the reign of our sovereign lady ,victoria1 by the grace of ,god1 of the ,united ,kingdom of ,great ,britain and ,ireland1 ,queen1 ,defender of the ,faith1 at ,westminster aforesaid1 in the county aforesaid1 did publish1 and cause to be published1 a certain scandalous1 impious1 and blasphemous libel1 of and concerning that part of the ,holy ,bible which is called the ,old ,testament1 containing therein1 amongst other things1 divers scandalous1 impious1 and blasphemous matters of and concerning that part of the ,holy ,bible which is called the ,old ,testament1 according to the tenor and effect following1 that is to say1 ,what wretched stuff this ,bible 7meaning that part of the ,holy ,bible which is called the ,old ,testament7 is1 to be sure6 ,what a random idiot its author must have been6 ,i would advise the human race to burn every ,bible they have got4 ,such a book is actually a disgrace to ourang outangs1 much less to men4 ,i would advise them to burn it1 in order that posterity may never know we believed in such abominable trash4 ,what must they think of our intellects8 ,what must they think of our incredible foolery8 ,and we not only believe it1 but we actually look upon the book as the sacred word of ,god1 as a production of infinite wisdom4 ,was insanity ever more complete8 ,i for one1 however1 renounce the book2 ,i renounce it as a vile compound of filth1 blasphemy1 and nonsense1 as a fraud and a cheat1 and as an insult to ,god1 to the great displeasure of ,almighty ,god1 to the great scandal1 infamy1 and contempt of that part of the ,holy ,bible which is called the ,old ,testament1 to the evil example of all others1 and against the peace of our said lady the ,queen1 her crown1 and dignity4 ,second ,count3 ,and the jurors aforesaid1 upon their oath aforesaid1 further present1 that the said ,henry ,hetherington1 devising and intending as aforesaid1 on the eleventh day of ,february and year aforesaid1 at ,westminster aforesaid1 in the county aforesaid1 did publish1 and cause to be published1 a certain other scandalous1 impious1 and blasphemous libel1 of and concerning that part of the ,holy ,bible which is called the ,old ,testament1 containing therein1 amongst other things1 divers scandalous1 impious1 and blasphemous matters of and concerning that part of the ,holy ,bible which is called the ,old ,testament1 according to the tenor and effect following1 that is to say1 ,one great question between you and me is1 ',is the ,bible 7meaning that part of the ,holy ,bible which is called the ,old ,testament7 the word of ,god1 or is it not8 ,i assert that it is not the word of ,god1 and you assert that it is2 and ,i not only assert that it is not the word of ,god1 but that it is a book containing more blunders1 more ignorance1 and more nonsense1 than any book to be found in the universe1 to the great displeasure of ,almighty ,god1 to the great scandal and contempt of that part of the ,holy ,bible which is called the ,old ,testament1 to the evil example of all others1 and against the peace of our lady the ,queen1 lier crown1 and dignity4 ,third ,count3 ,and the jurors aforesaid1 upon their oath aforesaid1 further present1 that the said ,henry ,hetherington1 further devising and intending as aforesaid1 on the day and year last aforesaid1 at ,westminster aforesaid1 in the county aforesaid1 did publish1 and cause to be published1 a certain other scandalous1 impious1 and blasphemous libel of and concerning that part of the ,holy ,bible which is called the ,old ,testament1 containing therein1 among other things1 divers scandalous1 impious1 and blasphemous matters of and concerning that part of the ,holy ,bible which is called the ,old ,testament1 in one part thereof1 according to the tenor and effect following1 that is to say1 ,my object1 and ,i fearlessly state it1 is to expose this book 7meaning that part of the ,holy ,bible which is called the ,old ,testament7 in such a manner1 that the children of the ,stockport ,sunday-school will reject it with contempt and in another part thereof1 according to the tenor and effect following1 that is to say1 ,such a book 7meaning that part of the ,holy ,bible which is called the ,old ,testament7 ought to be rejected by every one4 ,the human race have been too long gulled with such trash4 ,moses was the inventor of this grand cheat2 and although it may have done some little towards frightening people into what is called morality1 the purpose for which ,moses invented it is now out of date1 to the great displeasure of ,almighty ,god1 to the great scandal and contempt of that part of the ,holy ,bible which is called the ,old ,testament1 to the evil example of all others1 and against the peace of our lady the ,queen1 her crown1 and dignity4 ,witness ,,alexander ,,kerr1 ,one sworn in court4 ,a true ,bill4 ,on the names of the gentlemen summoned as ,special ,jurymen being called over1 only five answered to their names4 ,the ,attorney-,general prayed a tales1 when the following were sworn3-- ,the ,jury4 ,special-- ,robert ,savage1 ,esq41 #aa1 ,montaguplace1 ,bloomsbury4 ,james ,arboine1 merchant1 #c1 ,brunswick-square4 ,william ,fechney ,black1 merchant1 ,wilton-place4 ,charles ,frederick ,barnwell1 ,esq41 #dd1 ,woburn-place4 ,robert ,eglinton1 merchant1 #bi1 ,woburn-square4 ,common ,jurors-- ,charles ,ricketts1 stove-maker1 #e1 ,agar-street1 ,west ,strand4 ,william ,polden1 licensed victualler1 ,villiers-street1 ,strand4 ,john ,osborne1 confectioner1 #dja1 ,strand4 ,john ,johnson ,ruffell1 painter1 #bd1 ,church-street1 ,soho4 ,thomas ,reid1 baker1 #bd1 ,old ,compton-street1 ,soho4 ,charles ,phillips1 ivory brush-maicer1 #bj1 ,king-street1 ,soho4 ,j4 ,mahew1 baker1 #hd1 ,greek-street1 ,soho4 ,mr4 ,bult opened the proceedings ,the ,attorney-,general said1 this was an indictment found by the ,grand ,jury of ,middlesex1 for the publication of certain blasphemous libels4 ,it appeared to him that all he should have to do1 would be to prove the publication of the libels in question4 ,he had not hesitated for one moment1 when he found there were only five ,special ,jurymen1 to pray a tales1 because it was to him a matter of perfect indifference from what class of society the ,jury was taken4 ,it had frequently been laid down by the ,judges1 that to insult and vilify ,christianity was against the law4 ,publications insulting religion1 and addressed to the vulgar and uneducated1 were most dangerous4 ,he would call a witness who purchased these books in the defendant's shop1 the defendant himself being present2 and he should prove that the defendant was rated to that house4 ,it gave him pain that it should be necessary for the ,jury to hear such shocking attacks as were contained in this publication4 ,it consisted of a series of letters1 and each number was sold for a penny4 ,it was ,letters to the ,clergy of all ,denominations and was1 in fact1 an attack upon the ,holy ,scriptures1 particularly on the ,old ,testament4 ,he should content himself with reading one extract4--7,the learned ,gentleman then read an extract from ,letter #h1 contained in the first count of the indictment47 ,mr4 ,hetherington was in person to defend himself3 they would hear what he had to say1 and then he 7the ,attorney-,general7 would have an opportunity of again addressing them4 ,the following witness was then called and examined by ,sir ,f4 ,pollock4 ,alexander ,kerr1 a policeman1 bought the ,letters to the ,clergy1 #e1 #h1 and #ac1 at the shop of the defendant1 #abf1 ,strand1 on the #eth of ,february last4 ,a young man served him4 ,knows defendant--he was standing on the threshold of the door at the time2 has known him for the last three years2 has seen him repeatedly at the shop4 ,paid one penny each for the letters4 ,cross-examined by ,mr4 ,hetherington4--,did not come in his uniform to purchase them4 ,came from directions he had received1 not from any reputation the work had acquired4 ,did not read the fifth number or the eighth number of the book purchased at the shop4 ,stated at the ,old ,bailey1 at the trial of ,mr4 ,cleave1 that he had read a copy1 but not the one purchased of defendant4 ,curiosity induced him to read it4 ,it did not shake his opinion--it did not make him burn his ,bible2 quite the opposite4 ,he is a plainly-educated man4 ,was instructed to purchase all he could get at defendant's shop4 ,purchased other numbers1 but did not read them4 ,the work produced no effect on him to induce him to follow the recommendations of the author4 ,george ,sherwill1 collector of poor's-rate for the liberty of the ,savoy1 proved that defendant was rated for ,no4 #abf4 ,the libels were then put in and read3 first1 ,no4 #h of ,haslam's ,letters to the ,clergy of all ,denominations1 then #e of the same work1 and then #ah4 ,the ,attorney-,general said1 that was the case for the prosecution4 ,,defence ,my ,lord--,gentlemen of the ,jury1 ,in rising to vindicate myself from the charge preferred against me in this indictment1 ,i shall not attempt to justify the language alluded to by the ,attorney-,general2 but ,i cannot refrain from expressing my surprise that the ,government1 after having encouraged the circulation of cheap knowledge upon all subjects1--in ,penny ,magazines and ,penny ,cyclopaedias1--should have placed me on my trial upon such a flimsy charge as this--for flimsy it undoubtedly is1 when1 out of a work comprising nearly #ejj pages1 the ,attorney-,general can only find one passage1--that in the eighth ,letter1 which is1 ,i admit1 expressed in very improper language1--whereon to found an indictment4 ,i contend that it is impossible to say where a person is to stop in his inquiries4 ,if a person is permitted to reject one tenet1 another may reject another2 and there is no reason why another should not go on1 and reject the whole4 ,in the whole work there is not one disrespectful word about ,christianity2 it is a rejection of the miracles ascribed to ,moses in the ,old ,testament1 which have been indignantly rejected by many learned men4 ,the work was not intended as a scurrilous attack1 but as an inquiry into the effects of the usages of society1 founded upon the ,old ,testament4 ,the object of ,mr4 ,haslam was benevolent2 and however much he might err1 he was not criminal4 ,he undertook to prove to the clergy that they were all in error that the doctrines they are teaching to the people are false1 absurd1 and irrational2 that they are directly contrary to reason2 and that1 so long as they are preached to the people1 so long will the people be vicious1 wretched1 and unhappy4 ,the ,attorney-,general has only read the objectionable passages3 ,i will read a few passages from ,mr4 ,haslam's first ,letter1 which will enable the ,jury to understand the nature of his work1 and appreciate his motives4 ,having frankly stated his object1 he proceeds3-- ,you1 no doubt1 will feel concerned at this2 you will very likely be angry with me for this daring attempt2 you will call me ,deist1 ,atheist1 ,infidel1 and many other charitable epithets2 you will feel unutterable things towards me2 and ,i shall1 no doubt1 be subject to the extreme charity of your pious congregations1 who profess to 'love their neighbours as themselves1' and into whose minds you have crammed absurdity after absurdity1 until they have scarcely room for another4 ,i shall1 no doubt1 expose myself to all manner of ill-feeling and uncharitableness1 and to calumnies and lies of every description2 but shall these deter me from making known the convictions of iny mind8 ,shall these hinder me from exposing the errors and absurdities which ,i see interested men instilling into the minds of the people8 ,shall these prevent me from telling the people that they are deceived and imposed upon1 and that their beggary1 and want1 and wretchedness1 are the consequences of it8 ,shall these1 in short1 stop me from exposing the irrationalities which ,i see everywhere around me1 and which occasion so much misery and unhappiness to my fellow-men8 ,no1 ,i tell you they shall not4 ,that power which sent you into the world1 sent me into the world also2 and if you have a right to think and speak1 ,i have a right to think and speak also4 ,i have received an organization for the purpose as well as any of you2 and as long as that organization remains unimpaired1 so long will ,i tell the world what ,i think and feel4 ,why should any of you be angry with me8 ,if ,i can prove your doctrines to be false and erroneous1 what occasion is there for anger8 ,what can you want with doctrines that are false8 ,as honest men you ought immediately to abandon them4 ,instead1 therefore1 of being angry with me1 you ought to have the very opposite feeling2 for of what service can error and nonsense be to any man1 or any set of men8 ,but if ,i prove that your doctrines are not only false and erroneous1 but that they occasion a vast amount of mischief to the people2 that they occasion want and vice1 and all manner of wickedness1 and that1 by removing them from the minds of the people1 and substituting truths1 all this want1 and vice1 and wickedness might be put an end to2 if1 ,i say1 ,i prove this1 why should you be angry with me for doing it8 ,surely you cannot wish the people to remain in a state of want1 and vice1 and wickedness2 and yet1 if you do not1 why should you be angry at me for showing you the causes of them1 and pointing out the means for their removal8 ,you talk a great deal about morality and religion2 you manifest in your pulpits a great anxiety to spread them amongst the people2 but who can believe you to be sincere1 when you resist every attempt to remove the causes of immorality and irreligion8 ,you must know that effects cannot be removed without removing the causes of them1 and by resisting the removal of these causes1 you evidently show a disposition to keep the people in wickedness4 ,this wickedness proceeds from certain causes4 ,we have pointed these causes out to you1 and if you will not remove them1 does not that evidently show that you would rather that the people were wicked8 ,can there be conclusions more logical8 ,what ridiculous cant it must be then to talk about morality and religion8 ,my assumption then is1 that the belief of every man is given to him independently of his will1 and that1 therefore1 no just power can punish him for it4 ,your assumption is the opposite of this2 you assert that the belief of every man depends upon his own will2 that he can either believe in the ,bible1 or not believe in the ,bible2 that he can either be ,christian or ,jew1 ,mahomedan or ,infidel1 and that1 therefore1 ,god will punish him if he do not believe in a particular manner4 ,these then1 are our respective assumptions--and now let reason1 'the grand prerogative of man1' determine between us4 ,gentlemen1 contrast the spirit of ,mr4 ,haslam in this passage with the spirit of my prosecutors4 ,he invokes ,reason1 'the grand prerogative of man1' to determine between them2 the ,clergy1 on the contrary1 resort to prosecution to crush a reasoning opponent4 ,i beg to inform you that ,i have read the ,bible attentively1 and that the more ,i read it the more reason ,i see for disbelieving it4 ,the ,bible asserts things which the whole of my senses tell me are false2 and if my senses are independent of myself1 how can ,i help disbelieving it8 ,i know that ,god gave me my senses2 but how can ,i believe ,god made the ,bible1 when it is directly opposed to these senses8 ,to believe that ,god is the author of both1 is to believe that ,god commits absurdities like yourselves2 and to ascribe such a paltry and blundering performance as the ,bible to that power which governs the universe is to dishonour that power1 if any thing can dishonour it4 ,but a man's belief is not only formed independently of his will1 but it is often formed in direct opposition to it4 ,i1 for instance1 once believed that the principles which ,i now hold were false2 ,i used to argue against them1 and even write against them1 and my will to disbelieve them was so strong1 owing to their apparent absurdity1 that ,i used to be delighted when ,i imagined ,i had discovered a fresh argument with which ,i might overturn them4 ,continuing1 however1 to argue1 ,i began to see their truth2 ,i saw the principles more clearly2 ,i found ,i had mistaken them very much2 and at last ,i saw into them as clearly1 as ,cobbett used to say1 as the sun at noon-day4 ,now here1 you see1 my will was to disbelieve these principles2 but1 after the process of reasoning was over1 ,i was compelled to alter my will4 ,this1 then1 being the case1 was that will free8 ,could ,i have continued to disbelieve them1 when my convictions told me they were true8 ,and if ,i could not1 where1 ,i again ask1 was my free will8 ,here1 then1 is reasoning enough to prove the truth of my assumption2 and now ,i beg to call your attention to its peculiar effect upon your various systems of religion4 ,in conclusion1 therefore1 ,i beg to call upon you to defend your doctrines from the serious charges ,i have here made1 and shall continue to make against them4 ,you may either do it by writing1 or by verbal discussion1 whichever you please4 ,but do not continue to act so meanly and dishonourably1 as to preach doctrines to the people which have over and over again been proved to be false and absurd1 and which none of you are able to defend4 ,gentlemen1 you will see by these passages that ,mr4 ,haslam appeals to reason4 ,he calls upon the ,clergy to defend their doctrines1 telling them they may either do it by writing1 or by verbal discussion4 ,the ,government1 however1 disregarded this appeal2 they ought to have called upon the ,bishop of ,exeter1 and other well-paid bigots of his class1 to come forward and confute ,mr4 ,haslam4 ,but instead of this they prosecute a bookseller1 who had never read a line of the book until this prosecution4 ,they ought to meet ,mr4 ,haslam with his own weapons2 and it is disgraceful to the ,government1 which has always advocated the diffusion of cheap knowledge1 to submit to the taunts of the ,bishop of ,exeter1 and other bigots like him1 by instituting these prosecutions for blasphemy4 ,however we may disapprove of ,haslam's doctrines1 we cannot but perceive that he is sincere in his belief4 ,gentlemen1 ,i will1 as ,i proceed1 prove to you that the convictions of a tat which he now believes to be true to have been false4 ,gentlemen1 ,i readily admit that the passage in the eighth number is offensively worded2 but ,i will prove that the free exercise of the right of inquiry is not1 and ought not to be1 an offence in law4 ,i will also call your attention to the hardship of a general bookseller being held responsible for every book that he sells1 and will call your attention to the oath you have taken1 and claim from you that acquittal to which ,i am entitled4 ,i claim no exemption from punishment if ,i sell any obscene publication1--anything calculated to corrupt or demoralize society1--or any attacks upon a man's private character2 but in cases of the discussion of abstract truths1 is a man to be punished for the convictions of his mind1 which are not in the power of his will8 ,it is too bad to bring a man into a court of justice on account of a few solitary passages in a work of this nature4 ,gentlemen of the ,jury1 our great and popular moralist1 ,dr4 ,johnson1 has declared that ,truth is the basis of all excellence4 ,this axiom is so clear and indisputable1 that no intelligent man can hesitate to adopt it4 ,how1 then1 can the truth1 upon the various subjects interesting to human beings1 be elicited8 ,not by letting interested men think for us1 but by judging for ourselves--by collecting and examining facts and arguments1 and communicating to society the impressions they respectively make upon our minds4 ,there is no effectual mode of arriving at truth1 but by the exercise of the right of free inquiry1 and the unrestricted publication of the result of such inquiry4 ,this right has been deemed of pre-eminent importance from time immemorial1 and by men of all sects and parties2 and although corrupt and tyrannical rulers in the past ages of the world have prosecuted honest men1 and endeavoured to suppress the truth1 you will find that in every case to which ,i shall call your attention1 the intrepid advocates of truth have ultimately triumphed4 ,now1 ,gentlemen of the ,jury1 ,i will proceed at once to fortify myself with a few authorities1--not that ,i think truth depends upon great names1 however numerous and illustrious they may be1 but because ,i am determined to advance nothing that is not1 in my opinion1 strictly true1 and sanctioned and maintained by the greatest intellects of the age4 ,gentlemen1 ,i will begin with a ,bishop4 ,god has given us rational faculties to guide and direct us1 and we must make the most of them that we can2 we must judge with our own reasons1 as well as see with our own eyes2 and it would-be very rash1 unmanly1 and base in us to muffle up our own understandings1 and deliver our reason and faith over to others blindfold4--,bishop ,burnett's ,thirty-nine ,articles1 ,a4 #ci4 ,gentlemen of the ,jury1 will you1 by your verdict1 consign a man to a dungeon1 because he is too honest and independent to act a 'rash1 unmanly1 and base' part8 ,will you declare1 by your verdict1 that henceforth we shall not 'judge with our own reasons1 nor see with our own eyes8' ,i feel confident you will not4 ,dr4 ,whitby1 in his ,last ,thoughts1 tells us1 that belief or disbelief can neither be a virtue or a crime1 in any one who uses the best means in his power of being informed4 ,if a proposition is evident1 we cannot avoid believing it2 and where is the merit or piety of a necessary assent8 ,if it is not evident1 we cannot help rejecting it1 or doubting of it2 and where is the crime of not performing impossibilities1 or not believing what does not appear to us to be true8 ,gentlemen of the ,jury1 can you dispute the truth of the passage ,i have quoted from ,dr4 ,whitby8 ,will you1 by your verdict1 pronounce it to be a crime not to perform impossibilities1 and endeavour to force us to believe what does not appear to us to be true8 ,gentlemen1 you cannot do it4 ,let us briefly trace the operations of the human mind1 and we shall find that the mind is governed by a law of necessity4 ,are we not definitely and necessarily' affected by the circumstances which surround us8 ,have we power to avoid receiving impressions from the objects presented to us8 ,if we have not1 which is now universally admitted by intelligent men1 then the act of perceiving1 or forming ideas1 is a necessary mental operation4 ,can we1 for instance1 have an idea of a man when a monkey is presented to us8 ,or of colours other than those which are placed before our visual organs8 ,we cannot1 if the eye be not diseased1 perceive red to be green1 or green red4 ,the power of perception1 therefore1 appears to be perfectly involuntary--it is governed by a law of necessity4 ,the next operation of the mind is to form a judgment of the things perceived2 and it is these two things--perceiving and judging--which constitute a man's knowledge or experience4 ,if two bodies of different magnitudes are presented to our view1 are we not compelled to judge of them according to the impression they respectively make upon the mind8 ,it is precisely the same with men1 manners1 and opinions4 ,must we not conclude that things are what they appear to be1 till we know the contrary8 ,i would appeal to your own experience1 ,gentlemen1 whether you do not invariably and necessarily judge of men and things according to their inherent or imaginary qualities8 ,some men1 indeed1 are puzzled to account for the diversity of judgment observable where different men examine the same subject1 and from the same data2 but this circumstance is easily accounted for4 ,it results simply from this fact1 that men judge of things precisely as they appear to them3 and the different judgments formed of the same things are ascribable wholly to the different degrees of strength in the power of perception1 and to the extent and variety of knowledge previously acquired4 ,perception and judgment1 therefore1 appear to be involuntary and necessary4 ,gentlemen1 if this be true1 is a man who has arrived at conclusions adverse to the received opinions of society a fit subject of punishment8 ,if not1 how much less so is the bookseller who merely sells his book8 ,mr4 ,haslam calls upon the ,clergy to enter into the controversy with him1 and to let reason decide between them4 ,why do not the ,government1 and the learned ,attorney-,general1 adopt ,mr4 ,haslam's recommendation1 instead of instituting a prosecution against a bookseller who never read a line of the book till his attention was called to it by this unjust prosecution8 ,why do not the ,government1--who patronise penny literature--who affect to be friendly to free discussion1 call on the ,bishop of ,exeter1 and other well-paid bigots1 to defend the ,bible against the assaults of ,mr4 ,haslam8 ,for the learned ,attorney-,general to attempt to crush the free expression of opinion by prosecutions of this nature1 is most unjust and impolitic4 ,i maintain that two out of the three passages read would not support the indictment at all2 and the third passage--set forth in the first count of the indictment--so far from being blasphemy1 declares that the author rejects the ,bible1 because he looks upon it as containing statements that were insulting to ,god4 ,in the passage immediately following that which is prosecuted1 the author admits that the book contains some good precepts1 but declares that he deems mere precepts to be useless4 ,i will take the liberty of reading the passage to the ,jury4 ,i allow that there are some good precepts in it1 but ,i contend that these precepts are useless4 ,i contend that all precepts are useless4 ,of what use have all the precepts in the world been to the human race8 ,have they made man wiser1 or better1 or happier8 ,have they lessened the amount of his vice and his misery8 #a contend that they have not4 ,vice and misery have been increasing1 although these precepts have been more and more preached to the people4 ,precepts1 reverend ministers of the gospel1 are mere wind2 they are as empty as the vapour issuing from the kettle's spout2 they have no effect whatever in making man wise1 or good1 or happy2 the present wretchedness of the world is a proof of it4 ,the way1 reverend sirs1 to make man wise1 and good1 and happy1 is1 not to preach precepts to the people1 but to abolish the present irrational system of individual property2 to arrange society in such a manner that the interest of one man will be the interest of the whole4 ,until this be done1 all the precepts in the world1 preached1 too1 with all the eloquence in the world1 will never remove man from his present deplorable condition4 ,gentlemen1 you will perceive by this extract that the author is a socialist4 ,it is not necessary for me to maintain that he is right in these opinions4 ,all that ,i have to do is to show that these opinions were sincerely believed by ,mr4 ,haslam4 ,i have clearly shown that belief is involuntary4 ,no man can tell one day what his belief will be the next4 ,in my own person ,i furnish an instance of this4 ,i married young1 and having formed in my mind a standard of ideal perfection1 ,i determined that my children should equal that standard1 as far as human means could make them4 ,i tried to effect my object by severity4 ,acting upon wrong principles1 of course1 ,i failed2 but at that time ,i was young and ignorant1 and believed myself to be right4 ,however1 a friend who knew better than myself1 and who had had much experience1 lent me ,miss ,williams's ,letters on the ,philosophy of ,education1 and the reading of that book put new ideas into my mind4 ,it produced1 in fact1 a mental revolution2--,i changed my opinion and my system1 and did so with the happiest success4 ,from that time ,i banished coercion as a principle of education4 ,i repeat1 then1 that belief is not voluntary1 and that compulsion is not a good means of producing good belief or good conduct4 ,gentlemen1 ,i will now quote the opinion of ,bishop ,marsh1 as to the importance of free inquiry4 ,i quote from the ,bishops as persons of the greatest authority on this subject1 far greater than the ,attorney-,general1 or any of his legal brethren4 ,investigation1 it is said1 frequently leads to doubts where there were none before4 ,so much the better4 ,if a thing is false1 it ought not to be received2 if a thing is true1 it can never lose in the end by inquiry4--,bishop ,marsh's ,first ,lecture4 ,gentlemen1 you have heard the opinion of ,bishop ,marsh4 ,you cannot suppose that the ,bishops are adverse to the ,church--they are great supporters of it1 and so1 perhaps1 might ,i be if ,i got so much by it--7a laugh7--as like circumstances produce like effects4 ,well1 ,gentlemen1 ,bishop ,marsh maintains that if a thing is false1 it ought not to be received2 if it is true1 it can never lose in the end by inquiry4 ,why1 then1 should the ,attorney-,general prosecute a person who rejects a thing that does not appear to him to be true8 ,gentlemen1 let me now submit to your attention the opinion of ,sir ,william ,temple4 ,sir ,william ,temple says1 ,they may make me do things which are in my power1 and depend on my will2 but to believe this or that to be true depends not on my will1 but upon the light1 and evidence1 and information which ,i have4 ,and will civil discouragements and incapacities1 fines and confiscations1 stripes and imprisonment1 enlighten the understanding1 convince men's minds of error1 and inform them of the truth8 ,can they have any such efficacy as to make men change the inward judgment they have framed of things8 ,nothing can do this but reason and argument3 this is what our minds and understandings will naturally yield to1 but they cannot be compelled to believe any thing by outward force4 ,so that the promoting of true religion is plainly out of the magistrate's reach1 as well as beside his office4 ,here1 ,gentlemen1 you have the opinion of ,sir ,william ,temple1 that men cannot be forced to believe anything by outward force and persecution1 so that the promoting of true religion is out of the magistrate's power1 as well as beside his office4 ,this is a most true and proper declaration2 and if the ,attorney-,general had reflected upon this passage1 ,i am sure he must have fully appreciated its truth1 and then this prosecution would not have been instituted4 ,i appeal to the learned ,attorney-,general1 whether my being ruined and sent to a dungeon will alter the state of things8 ,will it alter the opinion of ,mr4 ,haslam8 ,will it make me believe that ,i ought to be prosecuted for selling this book2 or that a man has not a right to promulgate his opinions8 ,i am placed in an awkward position in having to defend a man's right to publish1 while ,i dissent from some of ,mr4 ,haslam's opinions1 and the manner in which he has thought proper to express them4 ,i have been told that the ,attorney-,general is a good kind of a man1 who has no wish to press severely upon persons in my situation2 and some friends--not my true friends--have urged me to forward a memorial to him on the subject of this prosecution4 ,now what could ,i do8 ,there was no way of inducing the ,attorney-,general to stay this prosecution1 but by pleading guilty2 and although ,i am well aware that your verdict1 if adverse to me1 will be my ruin1 yet ,i would rather terminate my existence on the floor of this court than plead guilty to this lying indictment1 or admit that ,i am a wicked1 malicious1 and evil-disposed person1 when ,i know that to the best of my judgment and ability ,i am an upright1 honest1 well-intentioned man4 ,if ,i believed myself to be the man described1 in the indictment--which ,i must do before ,i could consent to plead guilty--,i would fly to the uttermost parts of the earth2 for a man is totally destroyed when he has lost all feeling of self-respect1 and the esteem and regard of his friends and associates4 ,gentleman of the ,jury1 ,i have yet a host of authorities before me1 but ,i will not waste time by quoting them2 as ,i am convinced you must now be quite satisfied1 from what ,i have already adduced1 that every ,englishman has an undoubted right to investigate all subjects--whether religious or political--and to publish the result of the investigation for the benefit of society at large2 but1 ,gentlemen1 in closing what ,i have to say on this part of the subject1 ,i beg to lay before you two striking and convincing passages from ,lord ,brougham and ,dr4 ,southwood ,smith--two of the most intellectual and eminent individuals of the present day4 ,gentlemen1 the first passage ,i will quote is from ,dr4 ,southwood ,smith1 who strikingly and beautifully describes the proper boundary of human investigation2 and ,i beg the particular attention of the learned ,attorney-,general to this passage4 ,there is no proper boundary to human investigation1 says the doctor1 but the capacity of the human mind4 ,whatever the faculties enable it to understand1 it ought to examine without any restraint on the freedom of its inquiry1 and without any other limit to its extent than that which its great ,author has fixed1 by withholding from it the power to proceed farther4 ,when the means of conducting the human understanding to its highest perfection shall have become generally understood1 this freedom of inquiry will not only be universally allowed1 but early and anxiously inculcated1 as a duty of primary and essential obligation4 ,gentlemen1 ,i now beg you to listen to the extract ,i am about to read from ,lord ,brougham's ,inaugural ,address to the ,university of ,glasgow4 ,as men will no longer suffer themselves to be led blindfold in ,ignorance1 so will they no more yield to the vile principle of judging and treating their fellow-creatures1 not according to the intrinsic merit of their actions1 but according to the accidental and involuntary coincidence of their opinions4 ,the great truth has finally gone forth to the ends of the earth1 that man shall no more render ,,account ,,to ,,man ,,for ,,his ,,belief1 ,,over ,,which ,,he ,,has ,,himself ,,no ,,control4 ,henceforward nothing shall prevail upon us to praise or to blame any one for that which he can no more change than he can the hue of his skin or the height of his stature4 ,henceforward1 treating with entire respect those who conscientiously differ from ourselves1 the only practical effect of the difference will be1 to make us enlighten the ignorance1 on one side or the other1 from which it springs1 by instructing them1 if it be theirs1 ourselves1 if it be our own2 to the end that the only kind of unanimity may be produced which is desirable among rational beings1--the agreement proceeding from full conviction after the freest discussion4--,lord ,brougham4 ,gentlemen1 after hearing these splendid passages1 will it be possible for you to sanction a renewal of persecution to crush freedom of opinion8 ,gentlemen of the ,jury1--,i now come to the next point in the argument4 ,having1 ,i hope1 successfully proved the right of free inquiry and the free publication of opinions1 ,i will proceed to show1 by a reference to past events1 that it is highly important that this right should be preserved1 and handed down to our latest posterity unimpaired4 ,gentlemen1 it has been a uniform practice1 from the earliest records of time1 to stigmatize those who introduce new truths1 or who attack the existing institutions of a country1 as infidels1 and to fix upon them all sorts of opprobious epithets4 ,in all ages new doctrines have been branded as impious2 and ,christianity itself has offered no exception to this rule4 ,the ,greeks and ,romans charged ,christianity with 'impiety and novelty4' ,in ,cave's ,primitive ,christianity we are informed 'that the ,christians were everywhere accounted a pack of ,atheists1 and their religion the ,atheism4' ,they were denominated2 'mountebank impostors1' and 'men of a desperate and unlawful faction4' ,they were represented as 'destructive and pernicious to human society1' and were accused of 'sacrilege1 sedition1 and high treason4' ,the same system of misrepresentation and abuse was practised by the ,roman ,catholics against the ,protestants at the ,reformation4 ,some called their dogs ,calvin2 and others transformed ,calvin into ,cain1' ,in ,france1 'the old stale calumnies1 formerly invented against the first ,christians1 were again revived by ,demochares1 a doctor of the ,sorbonne1 pretending that all the disasters of the state were to be attributed to ,protestants alone4'--99,combe on the ,constitution of ,man4 ,in our own enlightened country1 where the importance of truth--and free inquiry as a means of its attainment--is beginning to be appreciated1 a different practice should prevail4 ,we ought not to persist in this unmanly course4 ,recollect1 ,gentlemen1 the ,prophets of the ,jews were blasphemers against the established religions of their day4 ,did that deter them from denouncing the idolatry and false religions of the surrounding nations8 ,elijah is represented as ridiculing the ,god of the ,moabites in a most offensive manner3 ,and it came to pass at noon1 that ,elijah mocked them and said1 ',cry aloud3 for he is a god2 either he is talking f or he is pursuing1 or he is in a journey1 or peradventure he sleepeth and must be awaked4' #a ,kings xviii4 #bg4 ,and in ,judea1 ,jesus and his ,apostles were charged as blasphemers against ,judaism1 or the religion established by ,moses4 ,we have a remarkable proof of this in the case of ,stephen1 recorded in the #fth and #gth chapters of the ,acts of the ,apostles4 ,and they were not able to resist the wisdom and the spirit by which he spake4 ,then they suborned men1 which said1 ,we have heard him speak blasphemous words against ,moses1 and against ,god4 ,and they stirred up the people1 and the elders1 and the scribes1 and came upon him1 and caught him1 and brought him to the council1 ,and set up false witnesses1 which said1 ,this man ceaseth not to speak blasphemous words against this holy place and the law3 ,for we have heard him say that this ,jesus of ,nazareth shall destroy this place1 and shall change the customs which ,moses delivered us4--,acts vi1 #aj--ad4 ,and ,stephen defending himself before the ,council1 boldly asks them1 ,which of the prophets have not your fathers persecuted8 ,and they have slain them which showed before of the coming of the ,just ,one2 of whom ye have ,,been ,,now ,,the ,,betrayers ,,and ,,murderers4 ,when they heard these things they were cut to the heart1 and they gnashed at him with their teeth4 ,and they cried out with a loud voice1 and stopped their ears1 and ran upon him with one accord1 ,and cast him out of the city1 and stoned him4 ,acts vii2 #ea1 #eb1 #ed1eg1eh4 ,now1 ,gentlemen1 is it just or politic that the proclaimers of new truths1 and new systems1 should be treated in this manner8 ,would it not be far more rational to hear what a man has to say1 and answer him1 than to gnash at him with the teeth1 to stop your ears1 to run at him with one accord1 and to stone him to death8 ,can you1 ,gentlemen1 by your verdict give your sanction to a course of proceeding similar to that which deprived ,stephen of life8 ,all persecution is the same in spirit--highly unjust and impolitic--whether it be exercised against the ,apostle ,stephen1 or the humble individual who now addresses you4 ,gentlemen1 the supporters of the established religion in the days of the ,apostles1 pursued the same course that the bigots of the present day are pursuing4 ,they applied to the ,high ,priest1 or to the ,attorney-,general of that day1 to prosecute ,stephen for blasphemy1 and stirred up the people4 ,in the present case the ,bishop of ,exeter did not stir up the people1 but he stirred up the ,government4 ,he sent a packet of papers to ,lord ,normanby1 who handed them to the ,attorney-,general1 and he appears to have considered it to be his duty to institute the present prosecution4 ,the learned ,attorney-,general1 as was the case with the priests and rulers of the ,jews1 would not allow any discussion to take place that was likely to change existing customs4 ,i will do the ,government the justice to say1 however1 that ,i do not believe they are disposed to put a stop to the full investigation of any subject1 if conducted with decency4 ,i readily admit that the passage in the eighth number of ,mr4 ,haslam's ,letters is highly objectionable in phraseology--it is in very bad taste--but is that a reason for sending a bookseller to prison1 because he has sold a book written in bad taste8 ,it cannot be--all published works must be left to the fiat of public opinion to determine their merit4 ,gentlemen1 the same spirit was evinced by the wicked and corrupt rulers of the ,jews against the founder of ,christianity4 ,they sought false witnesses against him2 but at length1 ,jesus having spoken out explicitly1 the ,high ,priest rent his clothes1 saying1 ,he hath spoken blasphemy2 what further need have we of witnesses8 ,behold1 now ye have heard his blasphemy4 ,what think ye8 ,they answered and said1 99,,he is guilty to death499 7,matt4 #bf2 #fe47 ,will you1 ,gentlemen--a ,christian ,jury--considering ,christianity part and parcel of the law of the land1 by your verdict say1 that ,jesus was rightly treated by the ,jews8 ,ought the constituted authorities of that day to have obstructed the glorious truths of ,christianity1 and have put to death the ,messenger of ,man's salvation8 ,unless you deliver a verdict of acquittal1 in my case1 you in effect sanction and justify all the cruelties exercised against ,jesus and his ,apostles by the rulers of the ,jews8 ,the learned ,counsel for the prosecution will1 perhaps1 think that there is no analogy between the cases cited and my own case--that ,jesus and his ,apostles introduced truths of the greatest magnitude and importance1 while ,i am indicted for selling a book that denies the truth of the ,jewish ,scriptures4 ,why1 ,gentlemen1 ,dr4 ,adam ,clarke says1 ,there is some reason to fear that they 7the ,jews7 no longer consider the ,old ,testament as divinely inspired1 but believe that ,moses had recourse to pious frauds4 ,and1 ,gentlemen1 ,jesus and his ,apostles denied the truth of the ,jewish ,scriptures--as understood by the rulers of the ,jews1--and for denying the orthodox and received sense of the ,jewish ,scriptures were accused of blasphemy1 and received the fate of martyrs6 ,that cannot be disputed4 ,was it just1 then1--was it politic1 ,i ask1 to settle this controversy by force and cruelty8 ,to scourg or imprison1 and destroy those glorious men who had important truths to impart to the world8 ,if ,england has embraced ,christianity--and we are not a nation of hypocrites--let us act upon the spirit of his religion4 ,he says plainly and emphatically1 that we are not to root up error by force or cruelty4 ,in the parable of the tares of the field1 he sets forth our duty4 ,the ,kingdom of ,heaven1 he says1 is likened unto a man who sowed good seed in his field2 but while men slept1 his enemy came and sowed tares among the wheat1 and went his way4 ,but when the blade was sprung up1 and brought forth fruit1 there appeared the tares also4 ,so the servants of the householder came and said unto him1 ,sir1 didst thou not sow good seed in thy field8 from whence then hath it tares6 ,he said unto them1 ,an enemy hath done this4 ,the servant said unto him1 ,wilt thou then that we go and gather them up8 ,but he said1 ,nay2 lest while ye gather up the tares1 ye root up also the wheat with them4 99,let both grow together until the harvest499 ,matt1 xiii2 #be--cj4 ,when his disciples demanded an explanation of this parable1 he said1 ,the field is the world3 the good seed are the children of the ,kingdom3 but the tares are the children of the wicked one3 the enemy that sowed them in the devil3 the harvest is the end of the world2 and the reapers are the ,angels4 ,the ,son of ,man shall send forth his ,angels1 and ,they shall gather out of his ,kingdom all things that offend1 and them which do iniquity4 ,matt1 xiii2 #ch1 #ci4 #da4 ,gentlemen1 how unjust and impolitic1 then1 are these prosecutions4 ,do they stop the progress of truth8 ,persecution for matters of opinion is the same in every case--impolitic--for it never yet succeeded in stopping the circulation of a correct opinion or a prohibited book8 ,why should ,christians prosecute men for disbelieving the ,jewish ,scriptures1 when1 according to ,dr4 ,adam ,clarke1 the ,jews disbelieve parts of the ,old ,testament themselves8 ,why should professed ,christians take up and defend that which the ,jews themselves reject8 ,paul1 himself1 teaches us that the ,jewish law has been superseded by a superior system4 ,he tells us that the ,jewish law was our schoolmaster to bring us unto ,christ 7or ,christianity71 but after that we are no longer under a schoolmaster4 ,gal4 iii2 #bd1 #be4 ,i can assure the ,jury that if ,haslam's ,letters to the ,clergy is an improper book1 it cannot be put down by prosecution2 it is far better to leave it to coldness and neglect4 ,i could give many proofs of this4 ,i am myself an instance of the inefficacy of prosecution4 ,i have been prosecuted1 as ,i think with great injustice1 for the publication of a paper called ,the ,poor ,man's ,guardian4 ,five hundred men was imprisoned for selling it2 ,i was twice imprisoned1 and the circulation of the paper1 thus prosecuted1 more than paid my losses2 but at last1 in the ,court of ,exchequer1 before ,lord ,lyndhurst1 the ,jury found a verdict in my favour1 for ,i convinced the ,jury that the publication was one which was not against the law4 ,the ,attorney-,general3 ,the ,jury found that it was not a newspaper4 ,precisely so3 and as soon as it was known that the ,guardian was a legal paper1 it went down at once4 ,i could not sell copies enough to pay the expenses 7a laugh74 ,it has been just the same with these ,letters2 they have remained unsold till this prosecution1 but as soon as it was known that they were prosecuted1 the man who published them could not print them fast enough4 ,gentlemen1 the enlightened ,christians of the present day1 by sending out ,missionaries to propagate ,christianity1 are guilty of blasphemy against the established religion of heathen countries4 ,it would be considered in ,england very unjust and cruel if the natives were to seize our ,missionaries1 and imprison and ill-treat them4 ,if in this country we are in the habit of sending out ,missionaries to proclaim new truths to foreign countries--is it not grossly inconsistent and unjust1 while doing this1 to punish persons for free investigation at home8 ,in a recent case1 cannon have been fired upon the natives of one of the ,tonga ,islands1 because they would not receive these ,missionaries4 ,the argument of these ,christians is1 that truth must be propagated all over the world--but why stop inquiry at home1 while suffering a ,british man-of-war to fire upon these islanders1 because they would not receive the new truths of the ,missionaries in the way they wished8 ,is it wise--is it not highly impolitic1 then1 to attempt to check the progress of intellect and human improvement8 ,can it be done by persecution and imprisonment8 ,no1 ,gentlemen1 the spirit of inquiry is abroad among the industrious millions--no subject is too sacred for their investigation4 ,the mind has burst the fetters imposed on it1 in the days of by-gone ignorance1 by the cupidity of interested and hypocritical priests1 who are fully aware that their principles and practices cannot stand the test of free inquiry4 ,even ,mr4 ,wesley1 the founder of ,methodism1 saw that his darling system must ultimately fall before the searching eye of philosophy and truth4 ,from the ,life of the ,rev4 ,john ,wesley1 published in #agib4 ,dear ,sir1--,for your obliging letter1 which ,i received this morning1 ,i return you thanks4 ,our opinions1 for the most part1 perfectly coincide respecting the stability of the connexion after my head is laid in the dust4 ,this1 however1 is a subject about which ,i am not so anxious as you seem to imagine2 on the contrary1 it is a matter of the utmost indifference to me1 as ,i have-long foreseen that a division must necessarily ensue1 from causes so various1 unavoidable1 and certain1 that ,i have long since given up all thoughts and hopes of settling it on a permanent foundation4 ,you do not seem to be aware of the most effective cause that will bring about a division4 ,you apprehend the most serious consequences from a struggle between the preachers for power and pre-eminence1 and there being none among them of sufficient authority or abilities to support the dignity1 or command the respect1 and exact the implicit obedience1 which is so necessary to uphold our constitution on its present principles4 ,this1 most undoubtedly1 is one thing that will operate very powerfully against unity in the connexion1 and is1 perhaps1 what ,i might possibly have prevented1 had not a still greater difficulty arisen in my mind4 ,i have often wished for some person of abilities to succeed me as the head of the church ,i have1 with such indefatigable pains and astonishing success1 established2 but1 convinced that none but very superior abilities would be equal to the undertaking1 was ,i to adopt a successor of this description1 ,i fear he might gain so much influence among the people as to usurp a share1 if not the whole1 of that absolute and uncontrollable power which ,i have hitherto1 and am determined ,i will maintain so long as ,i live3 never will ,i bear a rival near my throne4 ,you1 no doubt1 see the policy of continually changing the preachers from one circuit to another1 at short periods3 for should any of them become popular with their different congregations1 and insinuate themselves into the favour of their hearers1 they might possibly obtain such influence as to establish themselves independently of me and the general connexion4 ,besides1 the novelty of the continual change excites curiosity1 and is the more necessary1 as few of our preachers have abilities to render themselves in any degree tolerable any longer than they are now4 ,the principal cause which will inevitably effect a diminution and division in the connexion after my death1 wilt be the failure of subscriptions and contributions towards the support of the cause2 for money is as much the sinews of religious as of military power4 ,if it is with the greatest difficulty that even ,i can keep them together1 for want of this very necessary article1 ,i think no one else can4 ,another cause1 which1 with others1 will effect the division1 is the disputes and contentions that will arise between the preachers and the parties that will espouse their several causes2 by which means much truth will be brought to light1 which will reflect so much to their disadvantage1 that the eyes of the people will be opened to see their motives and principles2 nor will they any longer contribute to their support1 when they find all their pretensions to sanctity and love are founded on motives of interest and ambition4 ,the consequence of which will be1 a few of the most popular will establish themselves in the respective places where they have gained sufficient influence over the minds of the people3 the rest must revert to their original humble callings4 ,but this no way concerns me3 ,i have attained the object of my views1 by establishing a name that will not soon perish from the face of the earth2 ,i have founded a sect which will boast my name long after my discipline and doctrines are forgotten4 ,my character and reputation for sanctity is now beyond the reach of calumny2 nor will any thing that may hereafter come to light1 or be said concerning me1 to my prejudice1 however true1 gain credit4 ',my unsoiled name1 the austereness of my life1 ,will vouch against it1 ,and so the accusation overweigh ,that it will stifle in its own report1 ,and smell of calumny4' ,another cause that will operate more powerfully and effectually than any of the preceding is1 the rays of ,philosophy1 which begin now to pervade all ranks1 rapidly dispelling the mists of ignorance1 which have been long1 in a great degree1 the mother of devotion1 of slavish prejudice1 and the enthusiastic bigotry of religious opinions4 ,the decline of the ,papal power is owing to the same irresistible cause2 nor can it be supposed that ,methodism can stand its ground when brought to the test of ,truth1 ,reason1 and ,philosophy4 ,city-road1 ,thursday morning4 ,j4 ,w4 7#a7 #a4 ,as my defence had extended to a great length1 ,i was anxious to spare the time of the ,jury1 and did not1 therefore1 trouble them with the whole of this letter4 ,i merely described the nature of it1 and read the last paragraph1 being the only portion applicable to my purpose2 but as ,i deem the letter a valuable curiosity1 and worthy of preservation1 ,i have inserted it entire4 ,gentlemen1 you see ,mr4 ,wesley anticipated that his system must yield to philosophy1 and do you believe the ,church of ,england can stand when brought to the test of truth1 reason99 and philosophy8 ,a church that will keep a man in prison nearly two years for #es4 #f;d4 church-rates8 ,if you suppress ,biblical examination1 and the free publication of opinion1 the next step will be to stop inquiry into the practices of the ,church1 and to make us all the fettered slaves of the priesthood4 ,no1 ,gentlemen2 ,methodism and ,church-of-,englandism are doomed to fall2 and such will be the fate of all systems not based upon the rock of truth4 ,but1 ,gentlemen1 that is no reason for suppressing inquiry1 because the more the truth is investigated1 the more beautiful it will appear4 ,gentlemen1 has not our country raised itself to the highest pinnacle of human greatness as regards civilization and the arts8 ,what rapid strides--what useful discoveries it has made in the arts and sciences6 ,consider its vast achievements in steam navigation--in railroad travelling--in the improvement of machinery4 ,to such perfection have they brought machinery1 that it is now almost capable of superseding human labour altogether4 ,if all these magnificent improvements in the arts and sciences are good to society1 and have resulted from free inquiry--why hesitate to apply it to social1 religious1 and political subjects8 ,are we ever to remain drivellers in religion8 ,the true crime is that ,haslam's ,letters are sold at a penny4 ,why should two-guinea blasphemers be tolerated and penny ones prosecuted8 ,how can the learned ,attorney-,general1 whose shelves are1 doubtless1 adorned with ,drummond's ,academical ,questions1 ,voltaire1 ,gibbon1 ,volney1 and ,shelley1 uphold this prosecution2 and what must that law be which can find the crime1 not in the contents of the book1 but in the fact of its being sold for a penny8 ,they might for two guineas buy a magnificent book full of blasphemy4 ,the ,attorney-,general1 in his opening speech1 had told the ,jury that such works were dangerous to society if addressed to the vulgar1 the uneducated1 and the unthinking but ,i will appeal to his own witness1 who had read the book1 and on whom1 an uneducated man1 it had proved inoperative4 ,it had done no mischief3 and ,i hope the ,jury will not consign me to a dungeon for having sold a book which it has been proved by his own witness has done no mischief4 ,paul said the ,baereans were more noble than those of ,thessalonica1 because they searched the ,scriptures daily to see whether these things were so or not4 ,the ,attorney-,general is about to punish me for doing the same thing4 ,christ himself said1 the truth shall make you free2 but the ,attorney-,general says the truth--or that which you believe to be the truth--shall make you a prisoner4 ,in the parable of the tares1 to which ,i have already referred1 ,jesus expressly forbade the rooting up of the tares1 lest the wheat should be rooted up also4 ,he did not recommend persecution1 but said let them both grow together until the harvest4 ,these passages are sufficient to show that persecution is opposed to the whole spirit of ,christianity4 ,gentlemen1 ,i will now call your attention to the law on the subject4 ,in entering upon this topic1 of course ,i shall labour under a great disadvantage1 because ,i am unacquainted with legal technicalities and cases4 ,i will commence1 therefore1 by reading to you the opinion of ,chief ,baron ,eyre1 in his ,charge to the ,grand ,jury1 on the commission for the trial of persons on the charge of ,high ,treason1 in #agid1 in the course of which he made use of these liberal expressions3-- ,all men may1 nay1 all men must1 if they possess the faculty of thinking1 reason upon every thing which sufficiently interests them to become objects of their attention2 and among the objects of attention of freemen1 the principles of government1 the constitution of particular governments1 and1 above all1 the constitution of the government under which they live1 will naturally engage attention1 and provoke speculation4 ,the power of communication of thoughts and opinions is the gift of ,god2 and the freedom of it is the source of all science--the first fruits1 and the ultimate happiness of all society2 and therefore1 it seems to follow1 that human laws ought not to interpose1 nay1 cannot interpose1 to prevent the communication of sentiment and opinions1 in voluntary assemblies of men4 ,here1 ,gentlemen1 we have an eminent legal authority1 in addition to the ,bishops ,i have quoted1 who declares that human laws ought not to inter-pose1 nay1 cannot interpose1 to prevent the communication qf sentiment1 and opinion4 ,under what law then can ,i be condemned8 ,this prosecution goes a step further than any other has gone2 it in effect declares that you shall not dispute the truth of the ,jewish ,scriptures1 which ,i have already shown are superseded by the introduction of ,christianity4 ,paul declares that the ,jewish law was only intended to be our schoolmaster to bring us to ,christianity2 but if ,christianity1 as is asserted1 be part and parcel of the low of ,england1 even then this prosecution has not a log to stand upon4 ,in the ,life and ,correspondence of ,major ,cartwright1 however1 there is a letter from ,jefferson1 himself an eminent lawyer1 and ,president of the ,united ,states of ,america1 who had deeply studied the laws of ,england1 in which he has proved the fallacy of the notion that ,christianity is part of the common law1 by showing that the common law had existed long before ,christianity was introduced into this country2 and that the axiom had its origin and foundation in a misquotation and mistranslation of a decision of ,justice ,prisot1 recorded in the ,year ,book1 substituting the words ,holy ,scriptures for ,ancient ,scriptures4 ,jefferson denominates it a judiciary forgery1 and ,i hope your ,lordship will to-day confirm ,jefferson's view1 and put an end to this illegal iniquity4 ,gentlemen1 the passage ,i am about to quote from ,jefferson's letter to ,major ,cartwright1 contains the opinion of ,justice ,prisot1 in old ,french1 but ,i have procured a literal and a free translation1 which ,i will read to the ,jury4 ,your ,lordship can refer to the original in the ,year ,book4 ,i was glad to find1 in your book1 a formal contradiction1 at length1 of the judiciary usurpation of legislative powers2 for such the judges have usurped in their repeated decisions that ,christianity is a part of the common law4 ,the proof of the contrary which you have adduced is incontrovertible2 to wit1 that the common law existed while the ,anglo-,saxons were yet ,pagans2 at a time when they had never yet heard the name of ,christ pronounced1 or knew that such a character had ever existed4 ,but it may amuse you to show when1 and by what means1 they stole this law in upon us4 ,in a case of quare impedit1 in the year-book1 #cd ,h4 #f1 fo4 #ch1 7#adeh17 a question was made1 how far the ecclesiastical law was to be respected in a common law court8 ,and ,justice ,prisot1 c4 #e1 gives his opinion in these words3-- ',a tiel leis que ils de seint eglise ont en ancien scripture1 covient ',to such laws which they of the holy church have in ancient writing1 it is proper a nous a donner credence2 car ceo common ley sur quels touts manners for us to give credence2 because that is the common law on which all sorts of leis sont lor des--et auxy1 ,sir1 nous sumus obliges de conustre leur ley de saint laws are founded--and thus1 ,sir1 we are obliged to know their law of the holy eglise2 et semblablement ils sont obliges de conustre nostre lev3 et1 ,sir1 si church2 and in like manner they are obliged to know our law2 and1 ,sir1 if poit apperer or u nous que ,tevesque ad fait come un ordinary fera en tiel it can be shown thus to us that the bishop has done as a layman would in such cas1 adonq nous devons ceo adjuger bon1 ou auterment nemy1' c47#a7 ,see ,s4 ,c1 a case1 then we ought this to judge good1 or otherwise not at all4 #a4 ,translation read to the ,jury4 ,fitzherbert's ,abr4 qu4 imp4 #hi4 ,brown's ,abr4 qu4 imp4 #ab4 ,finch1 in his first book1 c4 #c1 is the first afterwards who quotes this case1 and misstates it thus1 ',to such laws of the church as have warrant in holy scripture our law giveth credence1' and cites ,prisot1 mistranslating 'ancien scripture' into 'holy scripture2' whereas ,prisot palpably says1 'to such laws as those of holy church have in ancient writing it is proper for us to give credence to wit1 to their ancient written laws4 ,this was in #afac1 a century and a half after the dictum of ,prisot4 ,wingate1 in #afeh1 erects this false translation into a maxim of the common law1 copying the words of ,finch1 but citing ,prisot4 ,wingate's ,maxims1 #c2 and ,sheppard1 tit4 ',religion in #afge4 copies the same mistranslation1 quoting the ,year-book1 ,finch and ,wingate4 ,hale expresses it in these words1 ',christianity is parcel of the laws of ,england4' ,it is proper for us to respect the laws which the members of the holy church have in ancient manuscripts1 because they are the general source from which all laws are drawn4 ,thus1 ,sir1 it is necessary for us to be acquainted with ecclesiastical law1 and in like manner the judges of the ecclesiastical courts are obliged to understand our law3 in consequence1 ,sir1 if it can be shown to us that the ecclesiastical court has decided as a court of civil law would have done in the same case1 then we ought to deem the judgment good2 but if a civil law court would have decided otherwise1 the judgment of the eclesiastical court must be deemed erroneous4 ,ventr4 #bic4 #c ,keble1 #fjg1 but quotes no authority4 ,by these echoings and reechoings from one to another1 it had become so established in #agbh1 that in the case of the ,king v4 ,woolston1 #b ,strange1 #hcd1 the court would not suffer it to be debated1 whether to write against ,christianity was punishable in the temporal courts at common law4 ,wood1 therefore1 #dji1 ventures still to vary the phrase1 and says1 'that all blasphemy and profaneness are offences by the common law1' and cites #b ,strange4 ,then ,blackstone1 in #agfc1 ,,iv4 #ei1 repeats the words of ,hale1 that ',christianity is part of the law of ,england1' citing ,ventris and ,strange3 and finally1 ,lord ,mansfield1 with a little qualification1 in ,evans's case in #agfg1 says1 'that the essential principles of revealed religion are parts of the common law1' thus engulphing ,bible1 ,testament1 and all1 into the common law1 without citing any authority4 ,and thus we find this chain of authorities hanging link by link one upon another1 and all ultimately on one and the same hook2 and that a mistranslation of the words 'ancien scripture1' used by ,prisot4 ,finch quotes ,prisot2 ,wingate does the same2 ,sheppard quotes ,prisot1 ,finch1 and ,wingate2 ,hale cites nobody2 the ,court1 in ,woolston's case1 cites ,hale2 ,wood cites ,woolston's case2 ,blackstone quotes ,woolston's case and ,hale2 and ,lord ,mansfield1 like ,hale1 ventures it on his own authority4 ,here ,i might defy the best-read lawyer to produce another scrip of authority for this judiciary forgery2 and ,i might go on further to show how some of the ,anglo-,saxon priests interpolated into the text of ,alfred's laws1 the #bjth1 #bast1 #bbnd1 and #bcrd chapters of ,exodus1 and the #ajth of the ,acts of the ,apostles1 from the #bcrd to the #bith verses4 ,but this would lead my pen and your patience too far4 ,what a conspiracy this between ,church and ,state6 ,sing ,tantararara1 ,rogues all1 ,rogues all2 ,sing ,tantararara1 ,rogues all6 ,gentlemen1 after hearing this statement from the pen of an educated and eminent lawyer1 can you hesitate to return a verdict of acquittal8 ,you have now a complete history of this judiciary forgery as ,jefferson terms it1 before you2 and ,i am satisfied that that which originated in a fraudulent mistranslation1 cannot1 now that the fraud is detected1 long retain the force of law4 ,on this ground1 then1 ,i confidently claim your verdict4 ,gentlemen1 ,i now come to the trade argument--that it is a great hardship and injustice to hold a bookseller responsible for the contents of the books he sells4 ,i am a general bookseller2 and so great is the competition1 and so fully is my time occupied1 that ,i have no time to spare for reading the various works in my shop1 even if ,i had the inclination4 ,my excellent and amiable son1 before his death1 and before ,i had any idea of this prosecution1 drew up a paper for the management of my business1 by which it appears that upwards of seventy weekly periodicals pass through my hands every week1 besides books and many other periodicals that are merely collected to order4 ,amongst them will be found every possible variety--,the ,church of ,england ,magazine1 ,the ,sacred ,album1 and many others maintaining contradictory and conflicting opinions2 but ,i do not hold myself responsible--either legally or morally--for any of them4 ,i have no right to set myself up as a censor of the press4 ,i sell them all--and am not responsible for any man's opinions upon an abstract or general subject4 ,when the subject matter of a book relates to the people at large1 the public alone should decide upon its merits4 ,if the book be a good one1 they will support it2 if a bad one1 they will condemn and reject it4 ,this is the only proper punishment for a bad author4 ,the line of duty ,i mark out for myself in that ,i will never sell obscene publications--works that demoralise and corrupt society--nor any attacks upon private character2 and if a person comes to me complaining that his character has been falsely and slanderously attacked1 ,i sell no more of that work4 ,what more can be expected from a general bookseller8 ,if the sale of a controversial book is to be suppressed1 because it contains a few passages in bad taste1 and of objectionable phraseology1 then the sale of the ,bible itself must be prohibited1 for that book contains many passages far more objectionable in the present day than any to be found in ,haslam's ,letters to the ,clergy4 ,i have here a list of passages from the ,bible1 of a highly objectionable character2 but as ,i perceive a number of ladies in the court1 ,i will not pollute their ears1 nor shock the feelings of the ,jury1 by reading them4 ,my only object in alluding to them1 is to show that if the principle of selecting two or three objectionable passages from a work is to lead to its condemnation1 and the punishment of the bookseller1 then ,i might with equal justice be condemned for selling the ,bible itself4 ,on this ground1 also1 ,i claim and am entitled to your verdict4 ,gentlemen1 the ,attorney-,general has not done justice to ,mr4 ,haslam2 he has dwelt upon the passages contained in the indictment1 but has left the ,jury in total ignorance of the general nature of the work4 ,in many parts of the book are to be found passages of great beauty4 ,so far from a charge of blasphemy fairly attaching to ,mr4 ,haslam's ,letters1 he uniformly declares that he rejects the ,jewish ,scriptures because they are irrational1 and dishonour the ,god that governs the universe4 ,i will read a passage from his ,second ,letter1 which shows the veneration he entertains for the ,deity4 ,but is it not monstrous1 that that power which gives life and motion to millions of worlds2 which guides them in their eternal revolutions in the boundless ocean of space1 and which preserves them in everlasting order and harmony2 is it not monstrous that that power should be represented in this ridiculous point of view8 ,vain1 violent1 and boisterous1 without the least indication of any thing rational1 good1 or merciful in any of his proceedings4 ,such a ,god may be the ,god of the ,christians1 but he is not the ,god who governs the universe4 ,that ,god is no more to be compared to the ,bible ,god1 than the dazzling sun is to be compared to the glimmering light of a candle4 ,mr4 ,haslam's work has many other passages of the same description2 and the ,attorney-,general will see that the passage in the ,eighth ,letter--almost the only objectionable passage in the work--was not deliberately designed to give offence1 when ,i tell him that the author1 in deference to the opinion of his friends1 has cancelled the objectionable passage1 and re-written it4 ,now what would the learned ,attorney-,general have more8 ,the object of prosecution has been always held to be preventive1 or corrective1 not vindictive4 ,the object sought1 then1 is already attained4 ,mr4 ,haslam has anticipated your wishes by correcting the objectionable passage4 ,gentlemen1 ,i have urged sufficient1 ,i hope1 to induce you to give me your verdict2 but before ,i conclude1 ,i will read a passage from the works of ,dean ,swift1 which is worthy of your profound attention4 ,whoever1 he says1 could restore1 in any degree1 brotherly love among men1 would be an instrument of more good to society than ever was or will be done by all the statesmen in the world4 ,gentlemen1 let us commence the glorious work to-day4 ,i will tell you how you can do more towards spreading brotherly love among men1 than all the statesmen in the world will be able to accomplish4 ,say to the ,government1 by your verdict1 the publication of opinions shall be free4 ,this will spread brotherly love among men2 for what is it that prevents brotherly love from dwelling among men8 ,the odious principle of coercion4 ,i do not believe the ,government wish to follow up these prosecutions if they can avoid it4 ,they have a precedent1 then1 in the case of ,sir ,robert ,peel4 ,mr4 ,carlile was in prison nearly seven years1 and many of his shopmen were imprisoned for various terras4 ,did such vindictive persecutions change their opinions1 or stop the sale of the works prosecuted8 ,quite the contrary4 ,the individuals became confirmed and strengthened in their opinions1 and all the prosecuted works are now on sale in every bookseller's shop in ,london4 ,the public began to consider them martyrs1 and ,sir ,robert ,peel and the ,government of that day saw the injustice and cruelty of such proceedings1 abandoned all prosecutions1 and liberated those whose terms of imprisonment were unexpired4 ,surely those now in authority are not the men to recommence these prosecutions for matters of opinion2 and my quarrel with them is1 that they have not the moral courage to reply to the taunts of the ,bishop of ,exeter1 by alluding to this case of ,sir ,robert ,peel's ,government2 and boldly declaring that henceforth public opinion shall be the only censor4 ,abolish that hateful principle of coercion for matters of opinion1 and mutual toleration1 respect1 and brotherly kindness1 will henceforth prevail4 ,gentlemen1 ,christianity gives no sanction to persecution4 ,the religion of ,jesus1 rightly understood1 is a practical and benevolent system4 ,it is founded on two great commandments1 love of ,god and love of ,man4 ,the first commandment1 in fact1 resolves itself into a practical observance of the second2 for it is expressly declared that1 ,if a man say1 ,i love ,god1 and hateth his brother1 he is a liar3 for he that loveth not his brother whom he hath seen1 how can he love ,god whom he hath not seen87#a7 ,recollect1 ,gentlemen1 ,love worketh no ill to his neighbour47#b7 ,jesus encourages all men to think for themselves4 ,this is his exhortation--,why1 even of your own selves1 judge ye not what is right8997#c7 ,but while he has encouraged the exercise of mind1 he has not made eternal happiness to depend upon 99belief but upon their actions2 and the great evil of society is attempting to coerce people into the belief of that which they cannot believe--a system to which1 ,i hope1 your verdict to-day will put a stop4 #a4 #a ,john iv42 #bj1 #b4 ,rom4 xiii42 #aj1 #c4 ,luke xii42 #eg ,gentlemen1 the ,founder of ,christianity1 in his parable of the ,last ,judgment1 tells us distinctly that men are to be judged by their actions and not by their opinions2 for he describes himself as inviting the righteous to inherit the kingdom prepared for them from the foundation of the world3 ,for ,i was an hungered1 and ye gave me meat3 ,i was thirsty1 and ye gave me drink3 ,i was a stranger1 and ye took me in3 naked1 and ye clothed me3 ,i was sick1 and ye visited me3 ,i was in prison1 and ye came unto me4 ,he then represents the righteous as saying1 ,lord1 when saw we thee an hungered1 and fed thee ,i or thirsty1 and gave thee drink8 ,when saw we thee a stranger1 and took thee in8 or naked1 and clothed thee8 ,or when saw we thee sick1 or in prison1 and came unto thee8 ,and the ,king shall answer1 ,inasmuch ,,as ,,ye ,,have ,,done ,,it ,,unto ,,one ,,of ,,the ,,least ,,of ,,these ,,my ,,brethren1 ye have done it unto me4 ,he then represents himself as denouncing the unrighteous for giving him no meat1 nor drink2 for not clothing him when naked1 nor visiting him when sick2 and when they desire to know when he required these things1 and they did not minister unto him1 he replies1 ,inasmuch as ye did it not to one of the least of these my brethren1 ye did it not to me4 ,here1 you perceive1 there is no particular belief enjoined1 none condemned4 ,all men are to be judged by their actions--not by their belief4 ,gentlemen1 ,i have now urged all that ,i deem necessary to ensure an acquittal4 ,i hope you will consider well the consequences of your verdict1 and reflect upon the wickedness and impolicy of tearing a man from his family1 for selling a book in the ordinary course of his business4 ,if ,i have said anything in the course of my address to raise a prejudice in your minds1 ,i hope you will discard it1 and do justice by pronouncing an acquittal4 ,the ,attorney-,general claimed his right of reply4 ,he commenced by observing that the ,defendant1 in his very long address to the ,jury1 had not advanced anything that would call for many remarks from him1 so that he should occupy bu ta very small portion of their time4 ,the ,defendant had contended that the blasphemous attack on our holy religion1 which they had heard read1 was only free inquiry2 and had taunted the ,government1 and himself1 who desired the extension of useful knowledge1 with having prosecuted this book4 ,but was this book of ,haslam's useful knowledge8 ,the ,defendant said1 ,why not answer it8 ,but he1 the ,attorney-,general1 contended that it could not be answered4 ,the only way to do with it was to prosecute it4 ,this publication--for the sale of which the ,defendant was indicted--was not fair argument and inquiry1 but blasphemous invective4 ,the ,defendant accused him of not objecting so much to the matter of the publication1 as to the price at which it was sold4 ,not withstanding what the ,defendant had said on this point1 he1 the ,attorney-,general1 contended that the low price at which it was sold made the publication doubly mischievous1 as it caused it to circulate among the working classes of society1 who were from their habits1 incapable of thought or discrimination2 their time was so entirely occupied that it was impossible they could devote sufficient time to reading to guard themselves against the evil tendency of such works2 while the ,jury1 and men in their class of life1 were1 from their education1 furnished with an antidote to the poison4 ,if attacks on the ,scriptures were to be permitted1 what was to prevent the pious feelings of the community from being outraged8 ,suppose a man were to carry a board through the streets on which was inscribed in large characters1 that ,christ was an impostor4 ,could it be tolerated8 ,yet this1 according to the ,defendant1 was only free inquiry6 ,again1 suppose any one preferred a republican to a monarchical form of government1 and was to excite and recommend the substitution of the one for the other by force of arms1 inciting1 by inflammatory appeals1 the people to murder the ,government and the ,queen--yet this would be1 according to ,mr4 ,hetherington1 only free inquiry6 ,the ,defendant had said that ,mr4 ,haslam was a ,socialist2 now the ,socialists held an opinion that marriage was an institution that ought to be abolished4 ,if a man1 under that plea1 were to recommend the seduction of his neighbour's wife or daughter--would any one contend that such opinions should be published with impunity8 yet the ,defendant considers this the free investigation of opinions2 and to prosecute a blasphemous publication1 he says1 is to prevent freedom of opinion4 ,no one wished to interfere with ,mr4 ,hetherington's private opinion4 ,the policeman1 when he went to ,mr4 ,hetherington's shop to purchase the numbers1 did not inquire as to his particular belief4 ,if there were persons so unfortunate as to disbelieve the ,scriptures--which were the foundation of our holy religion--the law did not interfere with them so long as they kept their opinions to themselves1 and did not publicly attack the authenticity of the ,bible4 ,mr4 ,hetherington had spoken of the effect of prosecution in extending the sale of such publications1 alluding particularly to the ,poor ,man's ,guardian2 but he1 the ,attorney-,general1 called upon the ,jury to do their duty by bringing8 to punishment those who outraged the law1 that others might be deterred from offending4 ,if the ,jury looked at the immoral tendency of such writings1 and the doctrines of non-responsibility laid down by ,mr4 ,hetherington1 who declared that he was neither responsible for his belief1 nor his actions-- ,mr4 ,hetherington here interrupted1 declaring that the ,attorney-,general was acting most unfairly towards him4 ,he never used such language1 but quite the contrary2 what he maintained was1 that he was not responsible for his belief but that he was responsible for his actions4 ,if he injured a friend1 a neighbour1 or a fellow-citizen1 he was amenable to society for the injury done4 ,the ,attorney-,general1 he contended1 was not replying to him1 but perverting his arguments and misrepresenting facts4 ,lord ,denman said that he agreed with the ,defendant in the first instance1 and therefore he thought he was justified in putting the ,attorney-,general right2 but the ,attorney-,general1 he thought1 was entitled to make any remarks upon facts which came out in evidence4 ,mr4 ,hetherington 7with great vehemence74--,but he is mis-stating facts1 and making statements calculated to mislead the ,jury4 ,lord ,denman4--,you must not interrupt4 ,the ,defendant4--,but my liberty is at stake1 and ,i will speak4 7,applause at the back of the court1 which was instantly suppressed by the officers47 ,lord ,denman4--,you shall be heard in correction of anything you may think a misrepresentation1 afterwards2 not in reply1 but merely in correction4 ,the ,defendant4--,thank you1 my ,lord4 ,the ,attorney-,general observed1 that the ,defendant denied being the publisher1 but he would convince the ,jury that he was1 by reading the title to them4 ,he then read the title of the book--omitting the publisher's name1 and reading the name of the ,defendant only1 till ,mr4 ,hetherington insisted upon his rending the whole title as follows3--,letters to the ,clergy of all ,denominations1 showing the ,errors1 ,absurdities1 and ,irrationalities of their ,doctrines4 ,by ,c4 ,j4 ,haslani4 ,fourth ,edition4 ,manchester3 ,a4 ,heywood4 #ef and #fj1 ,oldham ,street4 ,london992 ,hetherington1 #abf1 ,strand2 ,cleave1 ,shoe ,lane1 ,fleet ,street2 ,watson1 ,city ,road1 ,finsbury2 and ,j4 ,guest1 ,birmingham2 and all ,booksellers in ,town and ,country4 ,the ,attorney-,general then proceeded4--,conceive1 gentlemen1 a servant or an apprentice reading this work where the institution of private property was said to be the great evil of society--would he feel any compunction at appropriating the goods or money of his employer to his own use8 ,would he not find arguments in this work to justify him in his iniquity8 ,mr4 ,hetherington had taken credit to himself for disinterested motives1 but he feared that he was actuated by mercenary motives--looking only to emolument--careless of the effect it might have on the morals of the unthinking working-classes47#a7 ,he called upon the ,jury1 by the oaths they had taken on the ,holy ,gospel--which this book blasphemously attacked--to consider the effect of a verdict of acquittal1 and to do their duty to the public4 ,by such a verdict they would license the most infamous attacks on the ,holy ,scriptures1 and would loosen the bonds which held society together4 #a4 ,this comes well from a gentleman who descended from his high professional position to attend at the ,old ,bailry1 for a fee of ,l4 #ajj1 to plead for a man charged with murder4 ,mr4 ,hetherington explained that it was the custom of the trade to place the name of any bookseller1 with whom the real publisher did business1 on the title-page of the book1 and that his name had been so placed by ,mr4 ,hey-wood1 of ,manchester1 the real publisher1 without his knowledge4 ,mr4 ,heywood was the original publisher2 he received no punishment1 and was now at liberty4 ,lord ,denman1 in summing up1 observed1 that the law considered the vendor of a work the publisher of it1 and that consequently he must be held responsible4 ,it had also been constantly laid down that blasphemy was an offence at common law4 ,in the ,defendant's defence1 ,,to ,,which ,,he ,,had ,,listened ,,with ,,feelings ,,of ,,great ,,interest1 ,,aye1 ,,with ,,sentiments ,,of ,,respect ,,too1 he had complained of the hardship of a general publisher being held responsible for the contents of all the works he might sell1 but he had himself answered that argument by the conduct which he stated he pursued with regard to obscene and personally libellous publication1 and from the title-page of this work it was scarcely possible not to be1 in some measure1 aware of its contents4 ,discussions on a subject1 even the most sacred1 might be tolerated when they were conducted in a fair spirit2 but when appeals were made not to reason but to the bad feelings of human nature1 or where ridicule or invective were had recourse to1 it could not be considered discussion4 ,as to the impolicy of these sort of prosecutions that was a question with which they had nothing to do2 the only question for them to determine was1 whether the publication in question was a blasphemous libel1 and whether it had been published by the ,defendant4 ,the ,jury immediately returned a verdict of ,guilty4 ,the ,attorney-,general prayed the immediate judgment of the ,court4 ,lord ,denman4--,i think the passing sentence had better be deferred1 until we have had the opportunity of considering the subject4 ,the ,defendant then retired1 and the ,court adjourned4 ,,observations ,the renewal of a series of ,government prosecutions for alleged blasphemy1 will justify me in accompanying the publication of the foregoing trial with a few words of comment4 ,the points upon which ,i deem it my duty to animadvert--are the conduct of the ,government1 the ,attorney-,general1 and the ,jury4 ,i consider that the ,government have acted towards me1 in this prosecution1 in a very unjustifiable manner4 ,they first placed ,mr4 ,cleave on his trial for selling the fifth1 eighth1 and thirteenth numbers of ,haslam's ,letters4 ,he pleaded ,not ,guilty1 but was convicted 7after an able and convincing speech from his-,counsel1 ,mr4 ,chambers71 by as stupid a ,jury as ever sat in judgment on an honest man4 ,the ,judge sentenced him to four months' imprisonment1 and a fine of ,l#bj4 ,such was the force of public opinion1 however1 on the injustice and impolicy of such prosecutions1 that ,mr4 ,cleave was liberated1 upon paying the fine1 after five weeks' imprisonment4 ,the trial of ,mr4 ,heywood1 the original publisher1 came next4 ,his known integrity and respectability had attached to him many influential friends1 who represented to the ,government the folly and injustice of these proceedings1 and ,lord ,normanby at length yielded to their importunities1 by agreeing1 on condition that he pleaded guilty1 that ,mr4 ,heywood's prosecution should proceed no further4 ,mr4 ,heywood complied1 and was left at liberty1 on entering into his own recognizances1 to appear when called upon4 ,public opinion unequivocally declared that such prosecutions were indefensible1 and it was very generally believed that the ,government would abandon them from a conviction of their injustice and impolicy4 ,instead of which they proceeded against me for selling the same numbers of the identical work that ,messrs4 ,cleave and ,heywood had been prosecuted for selling1 though the punishment of ,mr4 ,cleave was remitted1 and the ,government compounded blasphemy in the case of ,mr4 ,heywood4 ,to injure and annoy honest and industrious tradesmen1 because the author of a book has in two or three instances expressed his ideas in vulgar and objectionable phraseology1 is unworthy of an enlightened ,government4 ,i feel pity for the ,jury who could ignorantly pronounce a verdict of guilty against a man who never wilfully injured a fellow-creature1 merely because he had sold a book that combated the established opinions of the day2 but ,i entertain very different sentiments against the ,government that could institute and carry forward prosecutions of this nature1 when1 from their superior knowledge1 they must be fully aware of the iniquity of their proceedings4 ,they encourage reason and free inquiry1 while it favours their objects2 and they persecute and ruin all those1 who1 by the exercise of reason and free inquiry1 arrive at conclusions adverse to the established opinions of society4 ,the time has passed1 however1 for a renewal of persecution for matters of opinion4 ,no ,government can stand that will attempt it2 and ,i tell ,her ,majesty's ,government1 that when they interfere with the religious or anti-religious opinions of the people1 they step out of their province1--and to inflict punishment upon either the original publisher or the general bookseller1 who supplies all works to order1 for the opinions contained in the works they respectively publish or sell1 is an odious act of tyranny that good men of every opinion should denounce and oppose4 ,i1 for one1 will never sanction or submit to such tyranny4 ,whether any and what sentence will be passed upon me ,i know not2 but ,i have made up my mind that ,i will maintain1 at all risks1 and under every privation1 to the utmost extent of my ability and means1 the right of all men to freely publish their opinions upon every subject of general interest--whether social1 political1 or religious2 aye1 or anti-religious1--and if the ,government would receive a suggestion from me1 ,i would suggest to them to take their stand on this glorious principle--perfect freedom is the formation ,,as ,,publication ,,of ,,opinions ,,for ,,every ,,sect ,,and ,,party4 ,that is the most effectual way to elicit truth upon all subjects2 and ,i would respectfully ask them1 whether they ever knew the truth injure any sect or party that was disposed to act honestly8 ,i hope the ,government will reflect upon the injustice and impolicy of this new crusade against the free expression of opinion1 adopt my suggestion1 and abandon all prosecutions against those who honestly controvert the received opinions of society4 ,having now expressed my feelings with regard to the conduct of the ,government1 ,i must say a word or two respecting the behaviour of the learned ,attorney-,general towards me1 on my trial4 ,he made very few observations in opening the case1 but reserved himself for his ,reply2 a privilege which ,i think he was not entitled to1 as ,i called no witnesses4 ,had ,i anticipated he would have claimed the privilege of reply1 and abused it in the shameful manner that he did1 ,i could have overthrown1 by witnesses1 the false impression which he so unjustly laboured to establish on the minds of the ,jury--that ,i was the publisher of the work1 because my name was affixed to the book first of the ,london agents4 ,what is the object of a reply8 ,it is to answer the facts and arguments adduced by the ,defendant2 to show that he has reasoned illogically2 and to point out to the ,jury1 succinctly and clearly99 the points in which he has failed to answer the charge laid against him in the indictment4 ,in addition1 however1 to this base attempt to hold me up to the ,jury as the original publisher1 the ,attorney-,general obviously sought to make the ,jury believe--7and there is every reason to think that he triumphed in this his unjust attempt to injure me7--that ,i claimed immunity not only for my belief but my actions1 ,when ,i insisted upon setting him right1 by showing him the utter falsehood of his assertion1 in which ,i was supported by ,lord ,chief ,justice ,denman1 he treacherously aimed at fixing upon me the consequences of doctrines to which ,i had not even adverted in my speech1 and which had no reference whatever to the subject then before the ,court4 ,he basely insinuated that ,i was virtually claiming immunity for all acts of aggression--such as robbery1 murder1 seduction1 unjustifiable rebellion1 and assassination of the ,queen2 striving to raise in the minds of the ,jury a confusion between the right of freedom of opinion and the wrong of licentious action6 ,this1 too1 was slanderously repeated1 after my open appeal to the ,court against such malignity2 and this the learned ,attorney-,general calls availing himself of his privilege of reply6 ,i was not allowed to answer these falsehoods of the ,attorney-,general2 though1 as the accused party1 ,i was in justice1 if not in law1 entitled to every opportunity of making the truth apparent to the ,jury4 ,as to the ,jury--,what shall ,i say of them8 ,i can only pity men who exhibited such woful ignorance and imbecility as to be led away by misrepresentations that had not even the appearance of truth4 ,let me ask the ,jury one simple question4 ,they were bound by their oath to give a true verdict according to the evidence4 ,now let me ask them1 was there any evidence of ,,blasphemy8 ,the evidence adduced merely proved the sale of a certain book4 ,there was no evidence that the contents of the book were blasphemous4 ,this question--7that is to say1 the very question in dispute--the question whether or not there was any blasphemy7--this question was decided by ,judge and ,jury without an iota of evidence1 without even an attempt at any evidence bearing ,upon it4 ,the opinions of the ,judge and ,jury decided the question of the indictment---,was there blasphemy or no6 ,there was no evidence at all upon it4 ,gentlemen of the ,jury--common and special--was your verdict in accordance with the ,,evidence brought forward for your enlightened consideration--was your verdict in accordance with the terms of your oath8 ,the verdict to which ,i was entitled from honest and reasoning men was the following3--either a direct ,not ,guilty of blasphemy--or this1 ,guilty of selling a certain book concerning the nature of which wce have had no evidence--matters of opinion not being1 in fact susceptible of evidence4 ,h4 ,,hetherington4 ,i cannot close these ,observations without tendering my best thanks to the editor of ,the ,sun for the zeal and ability with which1 in a succession of leading articles1 he defended the right of ,free ,inquiry and the ,free ,publication of ,opinions4 ,the ,morning ,chronicle published an impartial report of the ,trial1 and gave a good leading article on the subject4 ,the ,morning ,advertiser and the ,weekly ,chronicle also published a fair report of the ,trial4 ,the ,weekly ,dispatch and ,the ,statesman are both entitled to thanks for their advocacy of ,truth and ,liberty1 in reference to the principle contended for in my ,defence4 ,the three ,letters of ,publicola1 in ,the ,weekly ,dispatch1 are invaluable2 and ,i regret that ,i cannot find room for the whole of them in this pamphlet1 without considerably enhancing its price and defeating my own object of extensive circulation for my ,trial4 ,they are worthy of a distinct publication4 ,i can only fill up the space ,i have left by the insertion of the following excellent article from ,the ,sun of ,friday1 ,december the #aath1 #ahdj1 and ,publicola's ,letter to ,lord ,chief ,justice ,denman4--,h4 ,h4 ,extract from ,the ,sun ,newspaper ,we brought evidence yesterday to show that the suppression of objections to the ,scriptures by penal enactments is tyrannical1 unjust1 and absurd1 and that the law is partially administered4 ,if we return to the subject1 it is from a deep sense of its almost immeasurable importance4 ,our whole internal ,a policy1 nearly1 is framed with a view to support the ,church4 ,the ,church is founded1 or rather pretends to be founded1 on the ,bible2 but we are now told by the decision of the ,jury on ,tuesday1 that it is a crime to object to its statements4 ,the happiness of society1 then1 is to be chained and bound by principles and doctrines1 which society must not examine2 for if men must not object1 what is the use of examination8 ,we see disorder pervading every part of society4 ,the poor are set against the rich1 and the rich are zealously engaged in oppressing and coercing the poor4 ,crime increases1 and though more churches are building1 religion is decaying4 ,the remedies suggested for our disorders1 within the bounds sanctioned by the ,church1 are more numerous than the disorders themselves2 but though confusion and anarchy threaten us1 the law forbids men to say aught against principles which our rulers have followed1 while society has been brought into its present condition4 ,what the law now decrees against what it calls blasphemy1 it decreed1 not two centuries ago1 against witchcraft4 ,it now denounces the former as displeasing to ,god2 it then denounced the latter for the same offence4 ,men and women were in those less humane days burned for displeasing ,god1 while now they are only fined and incarcerated4 ,by the progress of knowledge1 lawyers1 both barristers and judges1 have been compelled to give up that portion of the perfection of human reason1 and the law against witchcraft has become obsolete4 ,if our view of the law for suppressing objections to the ,scriptures1 under 99 the name of blasphemy1 be correct1 it is not more reasonable than the law against witchcraft4 ,while no lawyer1 however1 will now lend himself to revive the latter or carry it into execution1 there are numbers1 we say it to the disgrace of the profession1 zealous and eager to apply the former1 at least to the penny tracts which are addressed to the poor4 ,it is therefore with deep regret that we saw so eminent a man as the ,attorney-,general lending himself to this sorry work4 ,we are ready to admit1 as a ,tory contemporary has stated1 that he has done his duty1 and he finds his reward in the praise of the ,tories4 ,nor did he show1 as far as we can learn1 certainly not in his reply1 any reluctance to perform it2 people say he did it as if he had something to atone for1 and was rather eager to gain the approbation of ,bishop ,philpotts4 ,his labours were crowned with a success which his own party reprobate4 ,in ,westminster ,hall he has triumphed1 but an appeal lies from that to the world2 and even the ,whigs1 who have heretofore denounced prosecutions for blasphemy as for witchcraft1 consider that in the last resort he will sustain a terrible defeat4 ,mr4 ,hetherington has already suffered in body and mind1 in purse and health2 and probably awaits with apprehension the sentence1 which may consign him to prison and ruin4 ,he is down-stricken by the law2 but those who have read his defence1 and prefer reason to legal fictions1 will place him far above the triumphant ,attorney-,general4 ,he made an admirable pleading for free inquiry1 which plain ,john ,campbell instituted a prosecution to suppress4 ,in his reply ,sir ,john so far overstepped the bounds of propriety1 that the ,defendant would not allow him to proceed1 and was supported by the ,court4 ,in a bad cause the ,attorney-,general used poisoned weapons4 ,he upheld a prosecution for blasphemy1 which is as ridiculous as a prosecution for witchcraft1 and descended to misrepresent the accused4 ,with our opinion of the law he was enforcing1 we are bound to say that ,sir ,john ,campbell should have left such a duty to be performed by some taker of a half-guinea fee1 who never got beyond the precincts of the ,old ,bailey4 ,it was wholly unworthy of an eminent lawyer1 who has risen into political power as a professed friend of free discussion4 ,the slaves to lust have some pleasure for their punishment1 but the servants of the grimgribber of ,westminster ,hall1 who sacrifice present fame to a sense of duty to it1 reap little more than disgrace for their nauseous drudgery4 ,sir ,john ,campbell prosecuted ,mr4 ,hetherington1 in the language of the indictment1 for being 'a wicked1 impious1 and ill-disposed person1 having no regard to the laws of this realm1 but most wickedly1 blasphemously1 impiously1 and profanely devising and intending to asperse and vilify that part of the ,holy ,bible which is called the ,old ,testament4' ,now1 having no respect whatever for the fictions of the law1 we have no hesitation in branding such accusations of a publisher as a monstrous tissue of falsehoods1 and to affirm that it is a disgrace to any man who has the least respect for truth1 to defend such a charge4 ,we care not about its being the customary language of the law1 for truth and men's liberties are not to be sacrificed by and for such absurdities4 ,further1 this said aspersing and vilifying the ,bible is said by ,sir ,j4 ,campbell1 at least such is the language of the indictment1 which he used arguments to sustain1 to be greatly 'to the displeasure of ,almighty ,god4' ,who knows that8 ,what worm dares to say that the ,almighty ,god is displeased with another worm for uttering or writing a few words4' ,who is the vain and arrogant man that claims for himself the task of interpreting the thoughts of the ,most ,high1 and demanding that a man be punished for having displeased ,almighty ,god8 ,what name does the ,court deserve which1 being instituted to do justice and protect the people1 punishes one of them because he displeases the ,almighty8 ,can ,he not punish those who displease ,him8 ,to doubt it1 to undertake to protect or avenge ,him1 to describe ,him as displeased1 while he showers prosperity and contentment on the man said to displease ,him1 is far more impious1 more blasphemous1 more dangerous to religion than anything ,mr4 ,hetherington ever published1 or ,mr4 ,haslam wrote4 ,such1 however1 was the crime charged against ,mr4 ,hetherington1 which ,sir ,john ,campbell endeavoured to substantiate1 and of which a ,jury1 who are as much deserving of reproach as the prosecutor1 found him guilty4 ,such is the crime for which the ,court will hereafter pass sentence1 undertaking1 like the ,inquisition1 to decide for the ,almighty1 and punish actions as displeasing to ,him1 at which ,he1 by the course of nature1 shows no displeasure4 ,at the present time1 when a great portion of the ,whig press will support the ,attorney-,general or be silent1 leaving ,the ,sun to defend the great principle of free inquiry and free printing1 as they left it to defend the same sacred and noble cause when it was assailed in the person of ,mr4 ,harmer1 we think it our duty not to be silent4 ,as we should assail any ,tory ,attorney-,general who had instituted such a prosecution1 or carried it on1 so we cannot allow it to pass unstigmatized because it has been instituted by a ,whig ,attorney-,general4 ,we know that the wisest and best politicians of the party deprecate such proceedings1 and not the less because they will call forth in many independent journals1 to the injury of the ,whigs1 an expression of honest indignation4 ,,to ,,lord ,,denman1 ,,on ,,the ,,late ,,prosecution ,,for ,,blasphemy ,mr ,lord ,chief ,justice4 ,your conduct on the ,bench1 upon the recent trial1 ',the ,queen v4 ,hetherington1' for a religious libel1 a nominal and an impossible offence1 the fiction of fraudulent bigotry1 has much increased the high esteem in which you have been always held by the public4 ,your ,lordship's opinions on this impolitic1 irreligious1 and thoroughly infamous species of prosecution have oft-times been expressed with the integrity and high moral courage that have ever distinguished your public life4 ,i never shall forget the manliness with which ,i heard you avow from the ,whig ,treasury ,benches1 in the ,house of ,commons1 in your place as ,attorney ,general1 your detestation of indictments for religious opinions2 and the ,house hailed you when you fairly acknowledged your deep regret that1 as ,common ,serjeant1 you had been obliged1 in obedience to your oath and to the law1 to impose even the smallest punishment possible upon three men convicted by an ignorant ,jury of a libel on the ,scriptures2 and you were still more cheerfully received when you expressed your joy at the liberation of the prisoners whom you had so unwillingly punished4 ,there was one part of your speech that did not certainly satisfy me4 ,i respect your sense of obligation to an oath2 but when you punished men whom you conscientiously believed to be undeserving of infliction1 and this 'in obedience to the law1' your ,lordship might have reflected1 that it was not ,parliamentary1 but ,judge-made law--',common-law1' as it is called2 and you might have acted upon the principle that if a corrupt and ignorant ,judge made a law to suit the prejudices of a brutal age1 a pure and well-informed ,judge might reverse that law in favour of an age more humane and more enlightened4 ,i recollect with great satisfaction that when1 in the case of ,lord ,langford1 the ,counsel1 ,mr4 ,thesiger1 asked a witness 7,mr4 ,nathan1 a ,jew7 'what religion he was of8' your ,lordship expressed your strong displeasure2 and1 under your ,lordship's sanction1 the witness refused to answer the interrogatory1 and treated both the query and the querist with the utmost contempt2 and the whole ,court and audience seemed strongly to approve of the result4 ,in the recent trial your ,lordship's conduct was a contrast to that of your immediate predecessors on the ,bench1 ,lords ,tenterden and ,ellenborough1 the last representatives of a most disgraceful school of political1 prejudiced1 corrupt ,court ,judges4 ,you did all in your power to induce the ,jury to acquit the accused4 ,i am now credibly informed that the ,attorney-,general had the same object at heart2 and having1 intentionally1 gone in a most slovenly and unimpressive manner1 through his technical duty1 he was abashed and mortified when he heard the verdict of guilty4 ,familiar as he must be with the extreme ignorance1 stupidity1 and corruption of ,juries1 on such occasions1 he was still surprised at such a verdict4 ,i am willing to give him credit for these common reports in his favour2 but should the ,government be so infatuated as to bring the defendant up for judgment1 the country expects of you1 my ,lord ,denman1 that the sentence will be nominal1 and that it will be accompanied by your reprobation of all such trials4 ,if it be true that hope is the last passion that leaves a man1 equally true is it that the spirit1 the accursed spirit of religious persecution1 is the last passion that man deserts1 or is willing to abandon4 ,i sincerely believe that if the alternative were put to a hundred dying men1 at their last1 moment of consciousness1 at their last gasp of breath1 whether they preferred their own future salvation or beatitude1 or the persecution of man upon earth for conscientious differences of opinion on religious subjects1 full ninety-nine out of the hundred would choose the latter1 on the ground of its being the turnpike-road to the former1 and from the inherent delight in the spirit of religious intolerance4 ,fanaticism is the primeval curse of our nature4 ,from its first victim ,abel1 to the present hour1 it has raged through the human race4 ,moral sins and physical or corporeal diseases in the course of ages wear themselves out1 or can be cured by instruction or medical treatment2 but the most foul1 leprous1 and crime-engendering of all maladies that flesh is heir to1 fanaticism--call it if you please1 bigotry or superstition--admits of no cure1 and of little mitigation4 ,if this hellhound were now let loose from the restraints of law1 we should in one year have every gaol and dungeon full of prisoners1 and in another1 the fires and faggots of the olden times would be raging more fiercely than of yore1 and more furiously in this country than in any other4 ,whatever ,catholics might have been in the middle ages1 there has been more of religious persecution in ,great ,britain and ,ireland1 in the last century1 than in all the ,catholic countries of ,europe within the same period4 ,on the ,continent the spirit is on the wane2 in ,england it is on the increase4 ,my ,lord ,denman1 in the very abstraction of our individual nature1 and of the nature of society1 a court of justice cannot take cognizance of opinions4 ,its functions are confined exclusively to facts4 ,can any two classes of things be more distinct and opposite8 ,the one is fixed1 the other perpetually varying4 ,law1 cultivated reason and common sense have rescued subjects of opinion from judicial interference1 except with respect to politics and religion1 the two which of all others most need the exemption4 ,the interference of courts of justice with religious opinions had immensely decreased1 and it is now reviving2 but it is in your ,lordship's power to annihilate it by passings nominal sentence on the defendant4 ,the effects or results of a fact are ascertainable2 those of an opinion are but speculative and uncertain4 ,there is not in existence1 there never has existed1 and probably never can exist1 a religious opinion that has not been deemed blasphemous1 and of a destructive tendency to morals and social peace1 by its opponents1 who1 if they had been strong enough1 have relied upon the arguments of torture and death1 or punishments as severe as society would permit4 ,my ,lord1 legism1 or jurisprudence1 are sufficiently understood to render it indisputable that punishments cannot be vindicatory or retrospective1 and less than either1 vindictive4 ,all religious prosecutions seek only for revenge4 ,the object of a legal punishment relates solely to the prevention of the offence4 ,if a sentence against ,mr4 ,hetherington cannot effect this object1 it cannot be justified4 ,will a sentence alter his opinions8 will it alter conscientiously that of any class or single member of society8 and1 above all1 will it stop or check the dissemination of his doctrines8 ,the two first points are nugatory2 the last is defeated in its pretended object4 ,all history and experience prove that persecution1 let its form or degree be what it may1 increases that which it is meant to destroy4 ,whether the tyrant be called ,pope or ,inquisition1 ,attorney-,general or ,court of ,queen's ,bench1 the principle and the result are the same4 ,every religion1 church1 and sect1 that exists or is defunct1 in ,europe and in ,asia1 from the earliest record1 has had at its origin1 and through its infancy1 to encounter obloquy and persecution4 ,the ,jewish religion received animation and vigour from the contempt and cruelties of surrounding polytheists1 and the ,jews sought in one ,god a protection from the horrors which had been inflicted on them by the worshippers of many2 and well did this atrocious people revenue themselves #jaa their former persecutors1 and this by assuming their own claim to the right of punishing men for differing in opinions4 ,the progress of ,christianity was accelerated by the ,jews1 in their attempts to crush it by inflicting an ignominious and most cruel death on an innocent individual1 under that absurd fiction of blasphemy1 in the foul name of which your ,lordship is now called upon to punish1 against your will1 another innocent individual4 ,if blasphemy has any meaning1 its definition must be--'a resistance to a predominant priestcraft4' ,every religion1 at its commencement1 is but a confluent mass of blasphemies to the previously-established religions2 and persecution is the reverse of annihilation1 ,where would ,protestantism have been but for its persecution by the ,catholics1 and vice versa8 ,from the dawn of ,protestantism in ,england1 under ,wycliffe1 and the burning of the first ,protestants by the priests1 in the reign of the ,hero of ,agincourt 7what a hero67 down to the death of ,mary1 ,english ,protestants were tortured1 burnt1 hanged1 and punished1 and yet the religion spread4 ,throughout ,germany the same effects proceeded from the same cause4 ,our ,english persecutions of the ,catholics in ,ireland have been long1 incessant1 and too dreadfully cruel to reflect upon1 and yet ,catholicism has increased under them4 ,we have not one respectable sect in ,england that has not arisen in despite of persecution1 and increased by means of it1 and these1 with hundreds or thousands of other instances 7for history abounds with them71 prove that persecution or punishment does not1 and cannot1 effect the object in view2 and that1 consequently1 punishment cannot be justified by its only legitimate principle of justification--utility4 ,it is madness to punish for an offence which must be increased by the very nature of the punishment4 ,formerly1 in punishments for blasphemy1 men1 women1 and children were burnt and put to every variety of torture1 for the good of their souls--now1 we substitute for the word soul1 the phrase--'the security of society1' or other jargon equally nonsensical4 ,the ,court of ,inquisition was1 and is1 wherever it exists1 more honourable than the ,protestant ,court of ,queen's ,bench1 for the ,inquisitors tortured and destroyed for the sake of the soul1 but our ,courts punish only for the profit of the priest4 ,the old plea1 the impudent and barbarous plea1 of ',benefit of ,clergy1' is annulled by law1 and yet an indictment for blasphemy is nothing more or less than a process for the ',benefit of ,clergy4' ,thus1 my ,lord1 have ,i humbly attempted to prove that your punishment of this individual will be in strong and violent opposition to the principles1 opinion1 and feelings which you have avowed on the ,ministerial ,benches of the ,house of ,commons2 and if the ,whig ,administration is so infatuatedly base as to call the defendant up for punishment your ,lordship will be in the unenviable position of passing a sentence1 as ,lord ,chief ,justice of ,england1 against the nature1 principles1 and objects of which you have expressed little less than abhorrence in the character of ,her ,majesty's ,attorney-,general in the ,house of ,commons4 ,at that period1 my ,lord1 you were the freely and most honourably chosen representative of one of the largest and most enlightened constituencies of ,great ,britain--the town of ,nottingham--and your constituents expressed no dissatisfaction at your speech4 ,is there not a sympathy between ,nottingham and other large1 and populous1 aud enlightened towns and cities1 and between them all and the general population of the empire8 ,i have likewise1 my ,lord1 shown1 to the best of my very humble abilities1 as a legist1 that any punishment inflicted on this individual1 violates the only principle on which all punishments can be justified--the prevention of the offence--if it be one4 ,what1 in other respects1 will be the effects of this brutal prosecution8 ,burn ,mr4 ,hetherington alive1--slowly roast him1 torture him by every device1 hang him1 quarter him1 and stick his head on ,temple-bar1 and his quarters on the gates of four of our principal cathedral towns1 as in all such cases used to be the practice of our most pious ,christian ancestors in 'the good old times'--or let your ,lordship pass the most lenient sentence on him1 and what will be the result8 ,will any thing be proved1 disproved1 strengthened1 or invalidated1 by either mode of punishment8 ,if divines or laymen argue upon the ,scriptures in toto or in parts1 en masse or in detail1 could any of the disputants establish his point by arguing that ,mr4 ,hetherington or ,mr4 ,snookes1 for the names are indifferent1 was or was not in gaol1 or that the sentence was six days' or six months' incarceration--how would the case stand syllogistically8 ,a asserts that the ,bible ought to be burnt--,a is not prosecuted--ergo1 the ,bible ought to be burnt4 ,b asserts that the ,bible ought to be burnt--,b is prosecuted--,b is acquitted by the ,jury--ergo1 the ,bible ought to be burnt4 ,c asserts that the ,bible ought to be burnt--,c is prosecuted--,c is found guilty--ergo1 the ,bible ought not to be burnt4 ,again1 ,d1 ,e1 ,f1 and ,g1 are prosecuted for saying that the ,bible ought to be burnt4 ,they are all found guilty under different ,judges1 and their sentences vary from three1 six1 twelve1 and eighteen months' imprisonment4 ,here the public mind is in utter confusion between the cases of ,a1 ,b1 and ,c1 and between the ratios of punishment inflicted on ,d1 ,e1 ,f1 and ,g1 ,i have gone to the extent of the musical gamut4 ,ratios might be calculated by arithmeticians aud algebraists4 ,thus--',as burning the ,bible is to the acquittal of ,b1--so is not burning the ,bible to the sentence on ,d1 ,e1 ,f1 or ,g4 ,really1 my ,lord1 as a man of the most cultivated intellect1 you must see the monstrous absurdity1 the atrocious cruelty1 of subjecting opinions on ,scriptures to ',trial by ,jury4' ,if opinions on a book are to be brought before a ,jury1 so might its author4 ,i speak in no disrespect of ,scriptures1 but ,i speak in utter disgust and abhorrence of bringing them before ,juries4 ,what1 in fact1 does a verdict of ',guilty' or ',not ,guilty' amount to1 in case of an opinion on the ,scriptures8 ,the ignorant ,jury men unwittingly set themselves above the ,scriptures1 and tyrannise over the ,deity himself4 ,the impiety lies all in the ,jury1 and not in the accused4 ,the trial my ,lord1 proceeds entirely on the conceded point that the ,scriptures are the word of ,god2 a word is an empty1 unintelligible1 worthless sound1 except by the interpretation put upon it2 and if the ,jury will be the interpreters1 they are the authors of the word1 and usurp the powers of the ,deity4 ,god may say 'this is my word and commandment1' and a ,jury replies1 'the substance utility1 intelligibility of a word depend entirely upon the meaning attached to it1 and we ,jurymen will put and make all other men put what construction we please1 upon it1 under pains and penalties1 so that the word is not yours1 but ours4' ,a ,defendant may argue1 'my construction is a matter between my conscience and my ,god4' ,the verdict replies1 ',god has nothing to do with it2 your construction is entirely a case between your conscience and us ,jurymen1 stock-brokers1 bill-brokers1 pawnbrokers1 gambling-house-keepers1 and1 peradventure1 keepers of houses of a still worse description4' ,my ,lord ,denman1 the manly character of your mind will make you fearlessly grapple with this important subject1 and will induce your ,lordship to feel that ,i have as fearlessly and as honestly stated the merits of the case4 ,pause1 my ,lord1 before you ruin1 and almost torture a man1 for whose defence you have expressed respect from the ,judgment-seat1 and this by a sentence for the nature and principles of which you have publicly and officially declared an abhorrence4 ,our laws1 ,lord ,denman1 lay down a principle that every man is presumed to be acquainted with the business1 profession1 or study to which he belongs1 or to which he has devoted himself4 ,the converse--a most rational converse1 is that he is unacquainted with what he does not belong to1 or has not studied2 or1 in plain terms1 that he is unacquainted with that of which he knows nothing4 ,sir ,isaac ,newton would have been a most ignorant ,juryman upon a case resting upon the details of business in the butter trade of ,cork2 and a ,mr4 ,jones1 in that trade1 would be an equally ignorant ,juryman on a case involving the complex observations and abstract calculations of ,sir ,isaac's ,observatory4 ,shakspeare1 as a ,juryman1 would have been puzzled to determine a disputed point of commerce2 and a tradesman would be as equally perplexed in deciding a point upon the machinery of ,arkwright1 or the steam-engine of ,watts4 ,in the present case1 a man named ,haslam1 7but the name is immaterial1 for ,i apply myself to abstractions and not to individuals17 has devoted himself to the study of a subject4 ,he is evidently a man of strong mind1 of great knowledge1 and of the most honest intentions4 ,on many points ,i differ with him1 but individual or public difference is not the case at issue4 ,his very able work is submitted1 not to the public mind1 but to ',trial by ,jury2' and its merits or demerits are determined upon by merchants1 brokers1 tradesmen4 ,our laws1 ,lord ,denman1 lay down a principle that every man is presumed to be acquainted with the business1 profession1 or study to which he belongs1 or to which he has devoted himself4 ,the converse-a most rational converse1 is that he is unacquainted with what he does not belong to1 or has not studied2 or1 in plain terms1 that he is unacquainted with that of which he knows nothing4 ,sir ,isaac ,newton would have been a most ignorant ,juryman upon a ease resting upon the details of business in the butter trade of ,cork2 and a ,mr4 ,jones1 in that trade1 would be an equally ignorant ,juryman on a case involving the complex observations and abstract calculations of ,sir ,isaac's ,observatory4 ,shakspeare1 as a ,juryman1 would have been puzzled to determine a disputed point of commerce2 and a tradesman would be as equally perplexed in deciding a point upon the machinery of ,arkwright1 or the steam-engine of ,watts4 ,in the present case1 a man named ,haslam1 7but the name is immaterial1 for ,i apply myself to abstractions and not to individuals17 has devoted himself to the study of a subject4 ,he is evidently a man of strong mind1 of great knowledge1 and of the most honest intentions4 ,on many points ,i differ with him1 but individual or public difference is not the case at issue4 ,his very able work is submitted1 not to the public mind1 but to ',trial by ,jury2' and its merits or demerits are determined upon by merchants1 brokers1 tradesmen and jobbing peculating ,jurymen called ',tales4' as totally ignorant of ,mr6 ,haslam's studies and works1 as he most probably is of their different lines of traffic4 ,is this a test of the merits of the case8 ,is this any barometer of the truth of the ,gospel1 of public feeling1 or of the intelligence of our population8 ,my ,lord ,denman1 the ,attorney-,general1 tried1 in the usual slang of his profession1 or rather of his office1 to attach moral imperfection and social dangers to speculative points of theology-to points of creed4 ,we have now on our ,bench1 including ,ireland and ,scotland1 ,catholic ,judges1 ,judges belonging to the ,church of ,england1 to the creeds of the ,baptists1 ,anabaptists1 ,unitarians1 and to the no-creeds of the ,deists1 and yet what barrister1 attorney1 or client1 ever complained of a ,judge on account of his creed or his construction of the ,scriptures8 ,in ,ireland we have ,catholic ,judges1 in ,scotland ,presbyterian1 and in ,england ,judges of the ,clutch1 and of every dissenting sect1 and yet1 when in ',term time1' a new ,trial is moved for1 on account of a misdirection of a ,judge1 who ever heard of the misdirection lying attached to the ,judge's creed8 ,the ,solicitor-,general of ,ireland is a ,catholic1 the ,attorney-,general of ,england is a ,presbyterian 7if he has any religion at all71 and the ,solicitor-,general of ,england is of the ,church 7the refuge of all sceptics71 and what does this amount to with respect to the discharge of their duties8 ,lord ,chancellors ,shaftesbury and ,thurlow1 and very many others1 were avowed ,deists1 and yet in moving the ,house of ,lords to set1 their judgment aside1 their creeds or opinions were never put upon the briefs4 ,let me suppose1 my ,lord1 that our most pious ,monarch1 ,george the ,third1 had indicted ,david ,hume1 the most perfect1 of unofficial characters2 or ,adam ,smith1 a great benefactor of his species2 or ,edward ,gibbon1 the most illustrious of historians1 for their ,atheism or ,deism2 and let me state the fact1 that the pious ,monarch bestowed upon them all very good1 and1 in one instance1 very confidential employments1 what difference does this make8 in either case the men1 their public functions1 and their doctrines1 would have been equally at issue with public opinion at the present day4 ,the merchant1 in reading ,adam ,smith2 the philosopher1 in studying the superior works of ,hume2 and the scholar1 in tracing ,gibbon's magnificent outline and correct details of ,roman history1 never condescend to inquire whether the authors were patronised by a pious or an impious monarch1 or whether they were indicted by a ,presbyterian1 ,episcopalian1 or ,atheistical ,attorney-,general--the slave of an order from the ,secretary of ,state's office4 ,this species of scrutiny expired years ago1 and why should it be revived8 ,my ,lord ,chief ,justice ,denman1 the eyes of the country1 and of foreign countries1 are upon you4 ,the issue of your sentence is the same1 except to the individual2 for1 liberate him1 you respond but to the voice of all enlightened men throughout ,europe2 incarcerate him1 and by passing an inhuman sentence upon an innocent man1 you enforce a judgment that you have promulgated in ,parliament to be abhorrent in principles and feelings1 and this will produce a powerful redaction4 ,,publicola4 ----