CHAPTER XL. BYWAYS OF LIBERTY

It is worth while recording the curious, not to say ignominious, ways

from which justice to new thought has emerged. In the 5 and 6 Victoriae,

cap. 38, 1842, the trial of eighteen offences were removed from

the jurisdiction of Justices of the Peace in Quarter Sessions and

transferred to the Assize Court. Persons accused were often subject to

magisterial intolerance, ignorance and offensiveness.

Among the transferred offences were forgery, bigamy, abductions of

women. "Blasphemy and offences against religion," often of doubtful

and delicate interpretation, were two of the subjects taken out of

magisterial hands and placed under the decision of better-informed and

more responsible judges. "Blasphemy" was the general title under which

atheism, heresy, and other troubles of the questioning intellect were

designated. "Composing, printing or publishing blasphemous libels," were

included in the list of subjects to be dealt with in higher courts. Thus

better chances of justice were secured to thinkers and disseminators

of forbidden ideas. This new charter of thought, which conceded legal

fairness to propagandism, was not the subject of a special statute, but

was interpolated in a list, which read like an auctioneer's catalogue,

eluded Parliamentary prejudice, which might have been fatal, had it been

formally submitted to its notice.

In the same manner the Affirmation Act, which changed the status of the

disbeliever in theology from that of an outlaw to that of a citizen,

crept into the Statute Book through a criminal avenue. A Bill to

admit atheists, agnostics, or other conscientious objectors to the

ecclesiastic oath, to make a responsible affirmation instead, was twice

or thrice thrown out of the windows of Parliament. Sir John Trelawny

used to say Mr. Gathorne Hardy (afterwards Lord Cranbrook) would rise

up, as I have seen him, with a face as furiously red as one of his own

blast furnaces at Lowmoor, and move its rejection. It was passed at

last by the friendly device of G. W. Hastings, M.P., the founder of the

Social Science Association, in a Bill innocently purporting to better

"promote the discovery of truth" by enabling persons charged with

adultery to give evidence on their own behalf.

Then and there a clause was introduced which had no relation to the

extension of the right to give evidence, but upon the exemption of an

entirely different class of persons from the obligation of making oath.

Adulterers appear always to be Christians, since no case is recorded in

which any party in an adultery action professed any scruple at taking

the oath. Yet the Bill set forth that "any person in a civil or criminal

proceeding who shall object to make an oath," shall make a declaration

instead. When the Bill became an Act secular affirmation became

legalised. Thus by a clause treading upon the heels of adultery, the

witness having heretical and unecclesiastical convictions was enabled to

be honest without peril.

In 1842, as I witnessed at the Gloucester Assizes, no barrister would

defend any one accused of dissent from Christianity, but apologised for

him and proclaimed his contrition for his sin of thinking for himself.

Slave thought of the mind, chained to custom, could be defended, but not

Free Thought, which is independent of everything save the truth. By the

Act of 1869* atheists ceased to be outlaws, and were henceforth enabled

to give evidence in their own defence. Wide-awake and vigilant as a

rule, bigotry was asleep that day. Thus by circuitous and furtive paths

the right of free thought has made its way to the front of the State.

* 32 & 33 chap. 68, Evidence Amendment Act

Bygones Worth Remembering, Vol. 2 (of 2) · 第 17 / 24 章