The History Of The Last Trial By Jury For Atheism In England - Part 1
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Part 1

The History Of The Last Trial By Jury For Atheism In England.

by George Jacob Holyoake.

PREFACE.

The events, more than half of which are newly narrated in this 'History,' are recited from recollection. It is not pretended that all the conversations took place with the brevity with which they are given here. In the lapse of eight years there is much which I must have forgotten; but what I have told I distinctly remember, and the actors living will not, I think, contradict it.

As, by a creditable improvement in English law, the recommencement of prosecutions for (ir)religious opinion can originate with the Attorney-General alone, I have ventured to hope that, if this narrative should fall into the hands of that officer for the time being, it may present some reasons to him why this 'Last Trial by Jury for Atheism'

should be the _last_.

There are some pa.s.sages in these Fragments over which some will be sad with me. Others will a.s.sume them to be written for effect; for such, let me say, they were not written at all. These pages will leave me for the press with much more pleasure if I can believe that no one will connect them with me, but read them as a posthumous record of bygone events. At times I thought I would omit all incidents of feeling; but I felt, that if I did so the narrative would not represent the whole (personal) truth of these proceedings--and, as they stand, they may serve to suggest to some a doubt of the correctness of the oft-repeated dictum of the Rev.

Robert Hall, that 'Atheism is a b.l.o.o.d.y and a ferocious system, which finds nothing above us to excite awe, nor around us to awaken tenderness.'

Whether these are sufficient reasons for the purpose, I know not; but this I know--they are the true ones. As I very much dislike being an object of pity, those will much mistake me who suppose that this narrative has been written to excite it. In my estimation, imprisonment was a matter of conscience. I neither provoked prosecution nor shrank from it; and I am now as far from desiring it as I trust I ever shall be from fearing it. I do not pretend to despise public approval, but I think it should be regarded as a contingent reward, not as the sole motive of action; for he who only works while the public (always fickle in memory) care to remember him, is animated by a very precarious patriotism. As I have once, before said, it is an encouragement to me that others may profit by any public principle I may a.s.sist in maintaining: but my interest in it is personal also. Though no one else desired freedom, it is enough for me that I desire it; and I would maintain the conflict for it, as best I could, though no one else cared about it; and, as I choose to make the purchase, I do not higgle about the price. Tyranny has its soldiers, and why not Freedom? While thousands daily perish at the shrine of pa.s.sion, what is the pain of a sacrifice now and then for public principle or personal freedom?

G. J. H.

THE HISTORY OF THE LAST TRIAL BY JURY FOR ATHEISM.

CHAPTER I.--BEFORE THE IMPRISONMENT.

That day is chilled in my memory when I first set out for Cheltenham.

It was in December 1840. The snow had been frozen on the ground a fortnight. There were three of us, Mrs. Holyoake, Madeline (our first child), and myself. I had been residing in Worcester, which was the first station to which I had been appointed as a Social Missionary. My salary (16s. per week) was barely sufficient to keep us alive in summer.

In winter it was inherent obstinacy alone which made us believe that we existed. I feel now the fierce blast which came in at the train windows from 'the fields of Tewkesbury,' on the day on which we travelled from Worcester to Cheltenham. The intense cold wrapped us round like a cloak of ice.

The shop lights threw their red glare over the snow-bedded ground as we entered the town of Cheltenham, and nothing but the drift and ourselves moved through the deserted streets. When at last we found a fire we had to wait to thaw before we could begin to speak. When tea was over we were-escorted to the house where we were to stay for the night. I was told it was 'a friend's house.' Cheltenham is a fashionable town, a watering, visiting place, where everything is genteel and thin. As the parlours of some prudent house-wives are kept for show, and not to sit in, so in Cheltenham numerous houses are kept 'to be let,' and not to live in. The people who belong to the apartments are like the supernumeraries on a stage, they are employed in walking over them.

Their clothes are decent--but they cannot properly be said to wear them: they carry them about with them (on their backs of course, because that mode is most convenient) but simply to show that they have such things.

In the same manner eating and drinking is partly pantomime, and not a received reality. Such a house as I have suggested was the 'friend's house' to which we were conducted till lodgings could be found. We were asked to sit by the kitchen fire on 'the bench in the corner,' and there we sat from eight till one o'clock, without being asked to take anything to eat. Madeline, deprived of her usual rest, continued sucking at the breast till her mother was literally too exhausted to speak.

A neighbouring festivity kept my 'friends' up that night till two o'clock--up to which time we saw no prospect of bed or supper. As we entered the house, Eleanor, with a woman's prescience, said 'George, you had better go and buy some food.' 'Buy food,' I replied, in simplicity, 'the people at this fine house will be outraged to see me bring in food.' Retribution was not far off. I repented me of my credulity that night. When at last I clearly comprehended that we were to have nothing to eat, I proceeded to take affairs into my own hands, and being too well a.s.sured of the insensibility of my host, I did it in a way that I conceived suited to his capacity, and began as follows:

'We have talked all night about social progress, and if you have no objection we will make some. And if eating,' I added, 'be not an irregular thing in your house, we will take some supper.'

'I am very sorry to say,' he answered, 'we have nothing to offer you.'

'Charge me bed and board while we are with you,' I rejoined, 'but let us have _both_. You have bread, I suppose?'

'We have some rice bread.'

'Perhaps you will toast it.' 'Will you have it _toasted?_

'I will. Could you not make coffee?'

'We have no coffee.'

'Tea?'

'We have no tea.' 'Any water?'

'No _hot _water.'

'Any b.u.t.ter?'

'Yes, we have _salt_ b.u.t.ter.'

'Then put some on the bread,' I added, for he did not even propose to do that. I had to dispute every inch of hospitality with him. My 'friend,'

Mr. V., was an instance of that misplacement of which Plato speaks in his 'Republic' What a capital Conservative he would have made! No innovation with him--not even into his own loaf! I was obliged to take the initiative into the 'salt' b.u.t.ter.

After seeing the bread toasted, and b.u.t.tering it myself, to make sure that it was b.u.t.tered, I put on my hat and went into the streets, in search of material out of which to manufacture a cordial, for eight hours had then elapsed since Eleanor had had any sustenance, and my good host's choice reserve of cold water did not seem quite adequate to revive her.

When I reached the dark streets, to which I was so absolute a stranger, not knowing where I stood on the slippery ground, made so by frozen rain on a bedding of snow, I had not gone (or rather _slipped_) far before I was fairly lost. Like the sense in a Rousseauian love-letter, I neither knew whence I came nor whither I was going, and when I succeeded in my errand it was at the last place at which I should wish to be found.

During my absence that voluptuous caterer, 'mine host,' whom I had left behind--whose counterpart Maginn must have had before him when he drew the portrait of 'Quarantotti'--had proceeded so far as to boil some water. The evening ended without inconsistency, and the bed corresponded with the supper.

The next day I took lodgings, where, expecting nothing, I was no longer disappointed. But on this occasion, profiting by the experience of the preceding night, I went provided with a small stock of loaves and chocolate. My stay in Cheltenham was more agreeable than was to be expected after such an introduction; but I remember that I had to pay my expenses back again, and though they only amounted to 12s., I felt the want of them for a long time afterwards. Yet Cheltenham was not without generous partizans, but, as is common in the incipiency of opinion, they were at that time among that cla.s.s who had fewest means. The experience here recounted was a sample of that frequently recurring, but not exactly of the kind on which vanity is nurtured, as the reader will think as he reverts (from a speech to be recited) to these incidents. He who reads thus far will acquit me of any premeditation of disturbing the peace of the religious inhabitants of Cheltenham, for it is certainly the last town I should have selected as the scene of such an occurrence as the one which I have to narrate.

My next location was in a northern manufacturing town, where I was treated like its iron-ware--case hardened. My salary there of 30s. per week was a subject of frequent discussion by the members of the Branch.

For this sum I taught a Day School and lectured on Sunday. And as he who lives the life of a child all the week (as he must do who teaches children to any purpose) finds it hard to live that of a man on Sunday, my duties were wearying and perplexing. Those who grudged my salary made no sufficient allowance for that application necessary for the discharge of my duties--an application which often commenced long before they were up in the morning, and continued long after their mechanical employment was over at night. Not comprehending myself, at that time, that they who work for the improvement of others must not calculate on their appreciation as an encouragement, but as a _result_, I was thrown into that unpleasant state in which my pride incited me to stop and my duty to go on. It was not till subsequent to my return from Glasgow, four years afterwards, that I mastered the problem thus raised which so many have been ruined in solving. Though an Anti-Priest, my treatment was that of a priest. My congregation, as is the case with most Freethinkers, objected to the pay of the priest, when the true quarrel was with error, and not with payment: for if a man has the truth, it is well that it should be his interest to hold it. But Dissent, objecting to the pay of others, has been left without pay itself--hence its apostles have been reduced to fight the lowest battles of animal wants, when they should have been fighting for the truth. Dissent has too often paid its advocates the bad compliment of supposing, that if placed within reach of competence they would either fall into indolence or hypocrisy. It has acted practically upon the hypothesis, that the only possible way of ensuring their zeal and sincerity was to starve them--a policy which leaves progress to the mercy of accident. For a long period the operation of this policy chilled me. My initiation into affairs of progress was in company with men who estimated, above all other virtues, the virtue which worked for nothing. They would denounce the patriotism of that man who accepted a shilling for making a speech, although it had cost him more to compose it than those who heard it would probably give to save their country. Nine tenths of the best public men and women I have known, have turned back at this point. Not any new conviction--not any bribe of the enemy, but the natural though unwise revolt against being considered mendicants, has forced them back into supineness, indifference, or even into the very ranks of oppression. True, I felt that he who labours with his brains is worthy of his hire as well as he who labours with his hands. As often as I read a book or heard a lecture, which threw new light on the paths of life, I found that it not only relieved me from the dominion of ignorance, but imparted to me the strength of intelligence. I felt indebted to the author and speaker, for I found that knowledge was not only _power_, but _property_. I knew all this, but painful years pa.s.sed over me before I acquired the courage to offer what instruction I had to impart as an article of commercial value. Those who have encountered this kind of experience know that the feeling it engenders is one of indifference, and that an unusual speech would arise in a cold sense of duty, and not in wantonness or wickedness. Thus much will inform the reader of the circ.u.mstances under which I spoke the alleged blasphemy in Cheltenham.

A fellow-missionary, Mr. Charles Southwell, had, in conjunction with Mr. Chilton and Mr. Field, set up an Atheistical periodical in Bristol, ent.i.tled the _Oracle of Reason_--which the authorities attempting forcibly to put down, Mr. Southwell was sentenced to twelve months'

imprisonment in Bristol Gaol. On a visit to him I walked ninety miles from Birmingham to Bristol, and as my way lay through Cheltenham, I staid a night in that town to deliver a lecture on 'Home Colonisation as a means of superseding Poor Laws and Emigration.' At the conclusion of the lecture I instructed the chairman to make the announcement, which I still make after my lectures, viz., that any of the audience may put relevant questions or offer what objections they consider useful--whereupon a person stood up of the name of Maitland, a teetotaller, and sort of local preacher, and complained that 'though I had told them their duty to man, I had not told them of their duty to G.o.d,' and inquired 'whether we should have churches and chapels in community?'

I answered thus: 'I do not desire to have religion mixed up with an economical and secular subject, but as Mr. Maitland has introduced questions in reference to religion I will answer him frankly. Our national debt already hangs like a millstone round the poor man's neck, and our national church and general religious inst.i.tutions cost us, upon accredited computation, about twenty millions annually. Worship being thus expensive, I appeal to your heads and your pockets whether we are not too poor to have a G.o.d? If poor men cost the state as much, they would be put like officers upon half-pay, and while our distress lasts I think it would be wise to do the same thing with deity. Thus far I object, as a matter of political economy, to build chapels in communities. If others want them they have themselves to please, but I, not being religious, cannot propose them. Morality I regard, but I do not believe there is such a thing as a G.o.d.* The pulpit says "Search the Scriptures," and they who are thus trepanned get imprisoned in Bristol jail, like my friend Mr. Southwell. For myself, I flee the Bible as a viper, and revolt at the touch of a Christian.'

Perhaps this reply was indecorous, but it was nothing more, and as it was delivered in a tone of conversational freedom, it produced only quiet amus.e.m.e.nt on the meeting. The next day I continued my journey to Bristol. A day or two after I received the _Cheltenham Chronicle_, commonly called the Rev. Francis Close's paper, it being the organ of his party, in which I read the following paragraph--written with that exaggerated virulence which Archdeacon Hare has subsequently deprecated as the bane of religious journalism, but which at that time was considered as a holy ornament:--

* I do not remember using this phrase, but as the witnesses reported it perhaps it was so; but I still incline to the opinion that it was an expression they fell upon in stating their impressions of the meeting to their employers, and all working in one office, they fell into one story, either through inadvertence or from precaution.

Atheism and Blasphemy.--On Tuesday evening last a person named Holyoake, from Manchester, (?) delivered a lecture on Socialism (or, as it has been more appropriately termed, devilism), at the Mechanics'

Inst.i.tution. After attacking the Church of England and religion generally for a considerable time, he said he was open to any question that might be put to him. A teetotaller named Maitland then got up, and said the lecturer had been talking a good deal about our duty to man, but he omitted to mention our duty towards G.o.d, and he would be glad to know if there were any chapels in the community? The Socialist then replied that he professed no religion at all, and thought they were too poor to have any. He did not believe there was such a being as a G.o.d, and impiously remarked that _if there was_* he would have the deity served the same as government treated the subalterns, by placing him upon half-pay. With many similar blasphemous and awful remarks, which we cannot sully our columns by repeating, the poor misguided wretch continued to address the audience. To their lasting shame, be it spoke, a considerable portion of the company applauded the miscreant during the time he was giving utterance to these profane opinions.

We have three persons in our employ who are ready to verify on oath the correctness of the above statements. We therefore hope those in authority will not suffer the matter to rest here, but that some steps will immediately he taken to prevent any further publicity to such diabolical sentiments.--Ed. Cheltenham Chronicle.*

* This is an interpolation.

Some have censured the openness of my answer to Mr. Maitland as being inexpedient. It is not impossible to justify it on that ground, but I have an aversion to do it. Expediency has nothing to do with what a man shall say. Expediency may close the mouth, but it has no power over the speech if the mouth once opens. A man may keep silence if he chooses, but if he does speak he has no alternative but to speak that which is frank and true. But at that time there were political reasons why I should not evade the question put to me. The _Odd Fellow_ of Mr.

Hetherington (under the editorship of W. J. Linton) had shortly before contained an able article beginning thus:--

The world need not be much frightened at the present race of Socialists.

However heinous their doctrines may be thought, there need be no fear, they will not act in too close accordance with them. For ourselves, having been among them at various times, we have never yet been able to discover any certain marks, whether of manner, of opinion, or of conduct, whereby to distinguish them from the ma.s.s of professing Christians. However heterodox their innermost sentiments, they usually maintain as decent an appearance of conformity with custom as the most worldly and orthodox could desire.

This was a character which no progressive party could live with, and as the hypocrisy here charged upon us was generally believed, and not wholly without reason, it became necessary either to give up the party or refute the accusation. The attack on Mr. Owen's friends, by the Bishop of Exeter in the House of Lords, had been evaded, not met, and a n.o.ble opportunity, such as bigotry seldom affords to a rising party, had been suffered to pa.s.s away unused. The enemy triumphed. In this very town of Cheltenham a young poet, named Sperry, who betrayed freethink-ing tendencies, had been called upon to recant. He did so, and then he was treated with contempt by those who intimidated him.

They first destroyed his moral influence, and then despised him. I had therefore sufficient public reasons for not tempting a similar fate.