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PRISONER FOR BLASPHEMY

Originally published 1886

Persecution is not refutation, nor even triumph: the "wretched infidel" as he is called, is probably happier in his prison than the proudest of his assailants--BYRON.

London: Progressive Publishing Company 28 Stonecutter Street, E.C. 1886

CHAPTERS

PREFACE

This little volume tells a strange and painful story; strange, because the experiences of a prisoner for blasphemy are only known to three living Englishmen; and painful, because their unmerited sufferings are a sad reflection on the boasted freedom of our age.

My own share in this misfortune is all I could pretend to describe with fidelity. Without any meretricious display of fine writing, I have related the facts of my case, giving a precise account of my prosecutions, and as vivid a narrative as memory allows of my imprisonment in Holloway Gaol. I have striven throughout to be truthful and accurate, nothing extenuating, nor setting down aught in malice; and I have tried to hit the happy mean between negligence and prolixity. Whether or not I have succeeded in the second respect the reader must be the judge; and if he cannot be so in the former respect, he will at least be able to decide whether the writer means to be candid and bears the appearance of honesty.

One reason why I have striven to be exact is that my record may be of service to the future historian of our time. It is always rash to appeal to the future, as a posturing English novelist did in one of his Prefaces; and it is well to remember the witticism of Voltaire, who, on hearing an ambitious poeticule read his Ode to Posterity, doubted whether it would reach its address. But it is the facts, and not my personality, that are important in this case. My trial will be a conspicuous event in the history of the struggle for religious freedom, and in consequence of Lord Coleridge's and Sir James Stephen's utterances, it may be of considerable moment in the history of the Criminal Law. It is more than possible that I shall be the last prisoner for blasphemy in England. That alone is a circumstance of distinction, which gives my story a special character, quite apart from my individuality. As a muddle-headed acquaintance said, intending to be complimentary, Some men are born to greatness, others achieve it, and I had it thrust upon me.

Prosecutions for Blasphemy have not been frequent. Sir James Stephen was able to record nearly all of them in his "History of the Criminal Law." The last before mine occurred in 1857, when Thomas Pooley, a poor Cornish well-sinker, was sentenced by the late Mr. Justice Coleridge to twenty months' imprisonment for chalking some "blasphemous" words on a gate-post. Fortunately this monstrous punishment excited public indignation. Mill, Buckle, and other eminent men, interested themselves in the case, and Pooley was released after undergoing a quarter of his sentence. From that time until my prosecution, that is for nearly a whole generation, the odious law was allowed to slumber, although tons of "blasphemy" were published every year. This long desuetude induced Sir James Stephen, in his "Digest of the Criminal Law" to regard it as "practically obsolete." But the event has proved that no law is obsolete until it is repealed. It has also proved Lord Coleridge's observation that there is, in the case of some laws, a "discriminating laxity," as well as Professor Hunter's remark that the Blasphemy Laws survive as a dangerous weapon in the hands of any fool or fanatic who likes to set them in motion.

Judge North, on my first trial, plainly told the jury that any denial of the existence of Deity or of Providence was blasphemy; although on my second trial, in order to procure a conviction, he narrowed his definition to "any contumelious or profane scoffing at the Holy Scriptures or the Christian religion." It is evident, therefore, what his lordship believes the law to be. With a certain order of minds it is best to deal sharply; their first statements are more likely to be true than their second. For the rest, Judge North is unworthy of consideration. It is remarkable that, although he charged the jury twice in my case, Sir James Stephen does not regard his views as worth a mention.

Lord Coleridge says the law of blasphemy "is undoubtedly a disagreeable law," and in my opinion he lets humanity get the better of his legal judgment. He lays it down that "if the decencies of controversy are observed, even the fundamentals of religion may be attacked without a person being guilty of blasphemous libel."

When Bishop South was reproached by an Episcopal brother for being witty in the pulpit, he replied, "My dear brother in the Lord, do you mean to say that if God had given you any wit you wouldn't have used it?" Let Bishop South stand for the "blasphemer," and his dull brother for the orthodox jury, and you have the moral at once.

"Such a law," says Sir James Stephen, "would never work." You cannot really distinguish between substance and style; you must either forbid or permit all attacks on Christianity. Great religious and political changes are never made by calm and moderate language. Was any form of Christianity ever substituted either for Paganism or any other form of Christianity without heat, exaggeration, and fierce invective? Saint Augustine ridiculed one of the Roman gods in grossly indecent language. Men cannot discuss doctrines like eternal punishment as they do questions in philology. And "to say that you may discuss the truth of religion, but that you may not hold up its doctrines to contempt, ridicule, or indignation, is either to take away with one hand what you concede with the other, or to confine the discussion to a small and in many ways uninfluential class of persons." Besides, Sir James Stephen says,

Excellently put. I argued in the same way, though perhaps less tersely, in my defence. I pointed out that there is no law to protect the "decencies of controversy" in any but religious discussions, and this exception can only be defended on the ground that Christianity is true and must not be attacked. But Lord Coleridge holds that it may be attacked. How then can he ask that it shall only be attacked in polite language? And if Freethinkers must only strike with kid gloves, why are Christians allowed to use not only the naked fist, but knuckle-dusters, bludgeons, and daggers? In the war of ideas, any party which imposes restraints on others to which it does not subject itself, is guilty of persecution; and the finest phrases, and the most dexterous special pleading, cannot alter the fact.

"Whereas certain laws now in force and intended for the promotion of religion are no longer suitable for that purpose and it is expedient to repeal them,

"Be it enacted as follows:

"1. After the passing of this Act no criminal proceedings shall be instituted in any Court whatever, against any person whatever, for Atheism, blasphemy at common law, blasphemous libel, heresy, or schism, except only criminal proceedings instituted in Ecclesiastical Courts against clergymen of the Church of England.

Personally I understand the Blasphemy Laws well enough. They are the last relics of religious persecution. What Lord Coleridge read from Starkie as the law of blasphemous libel, I regard with Sir James Stephen as "flabby verbiage." Lord Coleridge is himself a master of style, and I suppose his admiration of Starkie's personal character has blinded his judgment. Starkie simply raises a cloud of words to hide the real nature of the Blasphemy Laws. He shows how Freethinkers may be punished without avowing the principle of persecution. Instead of frankly saying that Christianity must not be attacked, he imputes to aggressive heretics "a malicious and mischievous intention," and "apathy and indifference to the interests of society;" and he justifies their being punished, not for their actions, but for their motives: a principle which, if it were introduced into our jurisprudence, would produce a chaos.

Could there be a more ridiculous assumption than that a man who braves obloquy, social ostracism, and imprisonment for his principles, is indifferent to the interest of society? Let Christianity strike Freethinkers if it will, but why add insult to injury? Why brand us as cowards when you martyr us? Why charge us with hypocrisy when we dare your hate?

Persecution, like superstition, dies hard, but it dies. What though I have suffered the heaviest punishment inflicted on a Freethinker for a hundred and twenty years? Is not the night always darkest and coldest before the dawn? Is not the tiger's dying spring most fierce and terrible?

My sufferings, therefore, are not without the balm of consolation. I see that the future is already brightening with a new hope. Without rising to the supreme height of Danton, who cried "Let my name be blighted that France be free," I feel a humbler pleasure in reflecting that I may have been instrumental in breaking the last fetter on the freedom of the press.

G. W. FOOTE.

I had a further incentive. Mr. Bradlaugh's infamous treatment by the bigots had revolutionised my ideas of Freethought policy. Although never timid, I was until then practically ignorant of the horrible spirit of persecution; and with the generous enthusiasm of youth I fondly imagined that the period of combat was ended, that the liberty of platform and press was finally won, that Supernaturalism was hopelessly scotched although obviously not slain, and that Freethinkers should now devote themselves to cultivating the fields they had won instead of raiding into the enemy's territory. Alas for the illusions of hope! They were rudely dispelled by a few "scenes" in the House of Commons, and barred from all chance of re-gathering by the wild display of intolerance outside. I saw, in quite another sense than Garth Wilkinson's, the profound truth of his saying that--

"The Duke of Wellington's advice, Do not make a little war, is applicable to internal conflicts against evil in society. For little wars have no background of resources, they do not know the strength of the enemy, and the peace that follows them for the most part leaves the evil in dispute nearly its whole territory; perhaps is purchased by guaranteeing the evil by treaty; and leaves the case of offence more difficult of attack by reason of concession to wrong premises."

"Voltaire's method of attacking Christianity has always approved itself to French Freethinkers. They regard the statement that he treated religious questions in a spirit of levity as the weak defence of those who know that irony and sarcasm are the deadliest enemies of their faith. Superstition dislikes argument, but it hates laughter. Nimble and far-flashing wit is more potent against error than the slow dull logic of the schools; and the great humorists and wits of the world have done far more to clear its head and sweeten its heart than all its sober philosophers from Aristotle to Kant.

"We in England have Comic Histories, Comic Geographies, and Comic Grammars, but a Comic Bible would horrify us. At sight of such blasphemy Bumble would stand aghast, and Mrs. Grundy would scream with terror. But Bumble and Mrs. Grundy are less important personages in France, and so the country of Rabelais and Voltaire produces what we are unable to tolerate in thought."

"Secondly, we have had to encounter the dislike of mealy-mouthed Freethinkers, who want omelettes without breaking of eggs and revolutions without shedding of blood. They object to ridiculing people who say that twice two are five. They even resent a dogmatic statement that twice two are four. Perhaps they think four and a half a very fair compromise. Now this is recreancy to truth, and therefore to progress. No great cause was ever won by the half-hearted. Let us be faithful to our convictions, and shun paltering in a double sense. Truth, as Renan says, can dispense with politeness; and while we shall never stoop to personal slander or innuendo, we shall assail error without tenderness or mercy. And if, as we believe, ridicule is the most potent weapon against superstition, we shall not scruple to use it."

It is a curious thing that such a fervid champion of religion should always attack unbelievers with private circulars. Yet this is the policy that Henry Varley has always pursued. He is a religious bravo, who lurks in the dark, and strikes at Freethinkers with a poisoned dagger. More than once he has flooded Northampton with the foulest libels on Mr. Bradlaugh, invariably issued without the printer's name, in open violation of the law. He is liable for a fine of five pounds for every copy circulated, but the action must be initiated by the Attorney-General, and our Christian Government refuses to punish when the offence is committed by one of their own creed, and the sufferer is only an Atheist.

Sir William Harcourt gave the following reply:

Nothing further of an exciting nature in connexion with my case occurred until early in May, when a prosecution for Blasphemy was instituted at Tunbridge Wells against Mr. Henry Seymour, Honorary Secretary of the local branch of the National Secular Society. This Branch had been the object of continued outrage and persecution, chiefly instigated, I have reason to believe, by Canon Hoare. The printed announcements outside their meeting-place were frequently painted over in presence of the police, who refused to interfere. Finally the police called on all the local bill-posters and warned them against exhibiting the Society's placards. Stung by these disgraceful tactics, Mr. Seymour issued a jocular programme of an evening's entertainment at the Society's hall, one profane sentence of which, while it in no way disturbed the peace or serenity of the town, aroused intense indignation in the breasts of the professional guardians of religion and morality. They therefore cited Mr. Seymour before the Justices of the Peace, and charged him with publishing a blasphemous libel. He was committed for trial at the next assizes, and in the meantime liberated on a hundred pounds bail. Acting under advice, Mr. Seymour pleaded guilty, and was discharged on finding sureties for his appearance when called up for judgment. This grievous error was a distinct encouragement to the bigots. Their appetite was whetted by this morsel, and they immediately sought a full repast.

"I have to defend a principle as well as myself. The most skilful counsel might be half-hearted and over-prudent. Every lawyer looks to himself as well as to his client. When Erskine made his great speech at the end of last century in a famous trial for treason, Thomas Paine said it was a splendid speech for Mr. Erskine, but a very poor defence of the "Rights of Man." If Freethought is attacked it must be defended, and the charge of Blasphemy must be retorted on those who try to suppress liberty in the name of God. For my part, I would rather be convicted after my own defence than after another man's; and before I leave the court, for whatever destination, I will make the ears of bigotry tingle, and shame the hypocrites who profess and disbelieve."

For whatever destination! Yes, I avow that from the moment I read the summons I never had a doubt as to my fate. I knew that prosecutions for Blasphemy had invariably succeeded. How, indeed, could they possibly fail? I might by skill or luck get one jury to disagree, but acquittal was hopeless; and the prosecution could go on trying me until they found a jury sufficiently orthodox to ensure a verdict of guilty. It was a foregone conclusion. The prosecution played, "Heads I win, tails you lose."

"A difficult form of virtue is quietly and unostentatiously to obey what you believe to be God's will in your own lives. It is not very easy to do that, and if you do it, you don't make much noise in the world. It is very easy to turn upon somebody who differs from you, and in the guise of zeal for God's honor, to attack somebody who differs from you in point of opinion, but whose life may be very much more pleasing to God, whom you profess to honor, than your own. When it is done by persons whose own lives are full of pretending to be better than their neighbors, and who take that particular form of zeal for God which consists in putting the criminal law in force against somebody else--that does not, in many people's minds, create a sympathy with the prosecutor, but rather with the defendant. There is no doubt that will be so; and if they should be men--I don't know anything about these persons--but if they should be men who enjoy the wit of Voltaire, and who do not turn away from the sneer of Gibbon, but rather relish the irony of Hume--one's feelings do not go quite with the prosecutor, but one's feelings are rather apt to sympathise with the defendants. It is still worse if the person who takes this course takes it not from a kind of rough notion that God wants his assistance, and that he can give it--less on his own account than by prosecuting other--or if it is mixed up with anything of a partisan or political nature. Then it is impossible that anything can be more foreign from one's notions of what is high-minded, religious and noble. Indeed, I must say it strikes me that anyone who would do that, not for the honor of God, but for his own purposes, is entitled to the most disdainful disapprobation that the human mind can form."

Mr. Maloney obtained his summons against Mr. Bradlaugh, whose name was included in a new document which was served on all of us. I have lost our first Summons, but I am able to give a copy of the second. It ran thus:

"TO WILLIAM JAMES RAMSEY, of 28 Stonecutter Street, in the City of London, and 20 Brownlow Street, Dalston, in the county of Middlesex; GEORGE WILLIAM FOOTE, of 9 South Crescent, Bedford Square, in the county of Middlesex; EDWARD WILLIAM WHITTLE, of 170 Saint John Street, Clerkenwell, in the county of Middlesex; and CHARLES BRADLAUGH, of 20 Circus Road, Saint John's Wood, in the county of Middlesex, and 28 Stonecutter Street, in the City of London.

"These are therefore to command you, in Her Majesty's name, to be and appear before me, on Monday, the 17th day of July, 1882, at eleven of the clock in the forenoon, at the Mansion House Justice-Room, in the said City, or before such other justice or justices of the peace for the same City as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not.

"Given under my hand and seal, this 12th day of July, in the year of our Lord 1882, at the Mansion House Justice-Room, aforesaid. "WHITTAKER ELLIS, Lord Mayor, London."

On the following Monday, July 17, the junior Member for Northampton stood beside us in the Mansion House dock. The court was of course crowded, and a great number of people stood outside waiting for a chance of admission. The Lord Mayor considerately allowed us seats on hearing that the case would occupy a long time, a piece of attention which he might also have displayed on the previous Tuesday. It seems extremely unjust that men who are defending themselves, who need all their strength for the task, and who may after all be innocent, should be obliged to stand for hours in a crowded court in the dog-days, and waste half their energies in the perfectly gratuitous exertion of maintaining their physical equilibrium.

I shall not describe the proceedings before the Lord Mayor on this occasion. Properly speaking, it was Mr. Bradlaugh's day, and some time or other its incidents will be recorded in his biography. Suffice it to say that he showed his usual legal dexterity, sat on poor Mr. Maloney, and sadly puzzled the Lord Mayor. I must, however, refer to one point, as it illustrates the high Christian morality of our prosecutors. Mr. Maloney had obtained an illegal order from the Lord Mayor to inspect Mr. Bradlaugh's bank account, and armed with this order, which, even if it were legal, would not have extended beyond the limits of the City, this enterprising barrister had overhauled the books of the St. John's Wood Branch of the London and South-Western Bank. Lord Coleridge's astonishment at this unheard-of proceeding was only equalled by his trenchant sarcasm on the Lord Mayor as a legal functionary, and his bitter cold sneer at Mr. Maloney, who, it further appeared, had actually played the part of an amateur detective, by setting street policemen to watch Mr. Bradlaugh's entries and exits from his publishing office.

Before our committal I essayed to read a brief protest against the prosecution, which I had carefully prepared. In defiance of the statute, the Lord Mayor refused to hear it. An altercation then ensued, and I should have insisted on my right unless stopped by brute force; but on his lordship promising that a copy should be attached to the depositions, I yielded in order to let Mr. Bradlaugh have a full opportunity of stigmatising Sir Henry Tyler, who had left his questionable business at Dashwood House during a part of the day, to gloat over the spectacle of his enemy in a criminal dock.

Some portions of my half-suppressed protest ought not to be omitted in this history. After dealing in a few lines with the origin of the Blasphemy Laws, censuring the conduct of Sir Henry Tyler, and alluding to Sir. William Harcourt's reply to Mr. Freshfield, I expressed myself as follows:

"What, indeed, do the prosecutors hope or expect to gain? Freethought is no longer a weak, tentative, apologetic thing; it is strong, bold, and aggressive; and no law could now suppress it except one of extermination. Every breach made in its ranks by imprisonment would be instantly filled; and as punishment is not eternal on this side of death, the imprisoned man would some day return to his old place, fiercer than ever for the fight, and inflamed with an unappeasable hatred of the religion whose guardians prefer punishment to persuasion, and supplement the weakness of argument by the force of brutality.

"Blasphemy is a very general offence if we take even the lenient definitions of Sir James Stephen in his 'Digest of the Criminal Law.' All who publicly advocate the disestablishment of the Church are guilty under one clause, and half the leading writers of our age are guilty under another. It is difficult to find a book by any eminent scientist or thinker which does not contain open or covert attacks on Christianity and Scripture, and the Archbishop of Canterbury has pathetically complained that it is dangerous to introduce high-class magazines to the family circle, because they are nearly sure to contain a large quantity of scepticism. Why are these propagators of heresy never molested? Because it would be perilous to touch them. Prosecutions are always reserved for those who are unprotected by wealth and position. Heresy in expensive books for the upper classes is safe, but heresy in cheap publications for the people incurs a terrible danger. The one is flattered and conciliated, while the other is liable at any moment to be put on its defence in a criminal court, and is always at the mercy of any man who may choose to indulge his political animosity, his social enmity, or his private spite.

"Blasphemy is entirely a matter of opinion. What is blasphemy in one country is piety in another. Progress tends to reduce it from a crime to an affair of taste. To deal with it in the bad spirit of the old laws, which are only unrepealed because they have been treated as obsolete, is to outrage the conscience of civilisation, and to violate that liberty of the press which Bentham justly called 'the foundation of all other liberties.' If opinions are not forced on people's attention, if they are expressed in publications which are sold, which can be patronised or neglected, and which must be deliberately sought before they can be read; then, unless they contain incitements to crime, they are entitled to immunity from molestation, and to interfere with them is the height of gratuitous impertinence."

"Yet, whatever happens, we will not quail. We will not vapor about legions of angels, but trust in the living legions of Freethought. We will not yield to the weakness of an agony and bloody sweat, nor pray that the cup may pass from us, nor cry out that we are forsaken; for our sources of strength are all within us, and cannot be taken away. We have a sense of truth, a conviction of right, and a spirit of courage, caught from the gallant men who fought before. Let the bigots do their worst; they will not break our spirit nor extinguish our cause. Let the Christian mob clamor as loudly as they can, 'Crucify him, crucify him!' They will not daunt us. We look with prophetic eyes over all the tumult, and see in the distance the radiant form of Liberty, bearing in her left hand the olive branch and in her right hand the sword, the holy victress, destined by treaty or conquest to bring the whole world under her sway. And across all the din we hear her great rich voice, banishing despair, inspiring hope, and infusing a joyous ardour in every nerve."

Our Indictment covered twenty-eight large folios, and contained sixteen Counts. Of course we had to pay for a copy of it; for although a criminal is supposed to enjoy the utmost fair play, and according to legal theory is entitled to every advantage in his defence, as a matter of fact, unless he is able to afford the cost of a copy, he has no right to know the contents of his Indictment until he stands in the dock to plead to it.

It was evidently drawn up by someone grossly ignorant of the Bible. The Apocalypse was described as the "Book of Revelations," and the Gadarean swine came out as Gadderean. Probably Sir Henry Tyler and Sir Hardinge Giffard knew as much of the Scriptures they strove to imprison us for disputing as the person who drew up our Indictment. Mr. Cluer caused some amusement in the Court of Queen's Bench when, in the gravest manner, he drew attention to these errors. Lord Coleridge as gravely replied that he could not take judicial cognisance of them. Whereupon Mr. Cluer quietly observed that he was ready to produce the authorised version of the Bible in court in a few minutes, as he had a copy in his chambers. This remark elicited a smile from Lord Coleridge, a broad grin from the lawyers in Court, and a titter from the crowd. It was perfectly understood that a gentleman of the long robe might prosecute anybody for blasphemy against the Bible and its Deity, but the idea of a barrister having a copy of the "sacred volume" in his chambers was really too absurd for belief.

The preamble charged us, in the stock language of Indictments for Blasphemy, as may be seen on reference to Archibold, with "being wicked and evil-disposed persons, and disregarding the laws and religion of the realm, and wickedly and profanely devising and intending to asperse and vilify Almighty God, and to bring the Holy Scriptures and the Christian Religion into disbelief and contempt."

Further, as Sir James Stephen has observed, it is absurd to talk about bringing "the Holy Scriptures and the Christian religion into disbelief and contempt." One of these words is clearly superfluous. Considering the extraordinary pretensions of the Bible and Christianity, it is difficult to see how they could be brought into contempt more effectually than by bringing them into disbelief.

But greater absurdities remain. Our Indictment averred that we had published certain Blasphemous Libels "to the great displeasure of Almighty God, to the scandal of the Christian religion and the Holy Bible or Scriptures, and against the peace of our Lady the Queen, her crown and dignity." Let us analyse this legal jargon.

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