Prisoner for Blasphemy by G. W. (George William) Foote
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page 8 of 224 (03%)
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reign, two were burnt in the reign of James I., and one narrowly
escaped hanging under the Commonwealth. The whole body was excluded from the Toleration Act of 1688, and included in the Blasphemy Act of William III. But Unitarians have since yielded the place of danger to more advanced bodies, and they may congratulate themselves on their safety; but to make their own safety a reason for conniving at the persecution of others is a depth of baseness which Dr. Blake Odgers has fathomed, though happily without persuading the majority of his fellows to descend to the same ignominy. It will be observed that the Act specifies certain heterodox _opinions_ as blasphemous, and says nothing as to the _language_ in which they may be couched. Evidently the crime lay not in the _manner_, but in the _matter_. The Common Law has always held the same view, and my Indictment, like that of all my predecessors, charged me with bringing the Holy Scriptures and the Christian religion "into disbelief and contempt." With all respect to Lord Coleridge's authority, I cannot but think that Sir James Stephen is right in maintaining that the crime of blasphemy consists in the expression of certain opinions, and that it is only an _aggravation_ of the crime to express them in "offensive" language. 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 |
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