The Battle of The Press

The Chief Justice: There is another alternative; to conduct yourself with decency and decorum.

Mr. Carlile: I am insensible of any indecorum.

The Chief Justice: Whether you are insensible, or cannot be made sensible, it is right that I should check you when you misconduct yourself.

Mr. Carlile: There is a statute which supports Deism

The Chief Justice: You may comment on that statute.

Mr. Carlile: There is a statute by which it is enacted that to impugn the doctrine of the Trinity is not an offence. It is the law of the land.

Mr. Gurney: That part of the statute of William and Mary is in force which renders it criminal for any man to deny the Christian religion to be true, or the Scriptures to be of divine origin.

Mr. Carlile: Why did not the Attorney-General found his information on that statute?

The Chief Justice: Because he did not think proper to do so. That statute imposed certain penalties, and he conceived it was better to proceed on the common law. He was justified in doing so. A riot is punishable by common law; but, as in the case of disturbing a congregation, it may be punished under a particular statute, at the option of the complaining party.

Mr. Carlile: Yes, but the riot is defined. The Riot Act states what shall be denominated a riot. This is not the case here. There was an Act in existence which allowed persons to impugn the doctrine of the Trinity, on which the Christian religion is founded; and by so doing, supported Deism, and admitted the nature of that religion to be investigated. I was extremely unwilling to be brought here; for I think a Court of Justice a most improper place for such a subject. If a book be published containing questionable opinions, they ought to be corrected by the intervention of the Press. I am charged, in the information, with having excited "the great displeasure of Almighty God"! Is not this a gross assumption? Is it not blasphemy? We ought to venerate the Deity; and not speak of him as if he were subject to human passions and frailties. I think I have shown that Paine had a more sublime idea of the Almighty than the Koran contained. I will go further, and say that he had a higher notion of the Divinity than is to found in the Old Testament. I have no wish to proceed under continual interruptions; it is, indeed, impossible that I can proceed; but, I am sure, if anything I offer in my defence is not a justification of my conduct, I alone will be the sufferer. If the book I wished to read be the work of the Deity, it cannot be injured or shaken by the observations of any man. It is, in my opinion, not the work of the Deity.

The Chief Justice: You are now offending against a law which has been quoted more than once.

Mr. Carlile: An Act of Parliament cannot restrain opinions.

The Chief Justice: It may restrain the expression of them.

Mr. Carlile: My case is similar to that of Galileo, in whose defence no man stood forward. If Newton had been on the Continent when he made his discoveries, he would have been treated in the same way that Galileo was. The same course was pursued towards all men who wished to remove bigotry and ignorance. Locke, if I recollect rightly, was expelled the University on account of the freedom of his opinions. He did not deny the Christian religion; but he went very near to that point; and it cannot be denied that the 9th and 10th of William and Mary were passed, in a great measure, to check the circulation of his writings and opinions. The Attorney-General appeals to the authority of Locke, and so may I. The great man says, "Reason only can judge of revelation". I could wish, my lord, to understand whether I am to go into that defence which I conceive to be my only defence, or to be put down unheard? I cannot legally be put down. What I have to say in my defence I think the Court is bound to hear.

The Chief Justice: The Court is not bound to hear the Christian religion impugned.

Mr. Carlile: I must say that the Act to which I have alluded, by dispensing with belief in the Trinity, admits the Christian religion to be impugned.

The Chief Justice: It does no such thing.

Mr. Carlile: It tolerates others in doing it. For those who are really attached to the Christian religion must believe Jesus to be a part of the Godhead; which doctrine is now impugned by this Act. The Attorney-General himself has been bred in the Unitarian belief; he has been taught the Unitarian doctrines – doctrines which go to overthrow the divinity of Jesus – and, if you destroy that divinity, Jesus must be a man; there is no-medium. I feel an awful veneration for the Deity. In conversation I never appeal to his name in vain. He resides only in my mind; he is very seldom in my speech. The whole face of the earth is peopled by nations that differ from each other in their opinions of the Deity. In this country there are hundreds of sects of Christians; they are almost innumerable; and they feel the utmost jealousy and indulge in the greatest bickerings towards each other. How then is it possible to arrive at a knowledge of what is right or wrong, unless we judge for ourselves? The difficulty here arises from the impropriety of bringing a question of this kind into a Court of Justice, where it cannot be freely and fairly judged according to the rules of the Court. It would do honor to the Attorney-General if he would withdraw the record, since I cannot offer in my defence what I deem necessary. I am not like a barrister, who acts according to the statement contained in his brief, and has no opinion of his own. I avow that I published certain opinions, and those opinions I am ready to defend. It is well known, and I am sure your lordship cannot contradict me, that there are many passages in the Old Testament which cannot be reconciled with reason, nor with the feelings of delicacy. It is, I fear, a dislike to hear them repeated which induces your lordship to prevent me from proceeding.

The Chief Justice: It is not any such feeling that actuates me; but an awful veneration for the Scriptures. It is not competent for you to defend yourself by impugning the truth of the Christian religion, with which our hopes of eternal happiness are so nearly connected.

Mr. Carlile denied that he had impugned Christianity.

The Chief Justice: I heard you say that belief in the Scriptures was blasphemy to God.

Mr. Gurney: The defendant said, "It is my firm belief that the Bible is not the revealed will of God".

Mr. Carlile repeated that some parts of the Old Testament abounded in morality, while others, he must observe, were revolting to the feelings of any reflecting man, who wished to publish a book of morality, according to the prevailing moral doctrines. If those parts of the Bible to which he alluded were published by themselves, it would subject him or any other individual to a prosecution by the Attorney-General; or, if he did not prosecute, he would be guilty of a dereliction of his duty. He had already stated that the statute tolerated Deism. It did so, because it tolerated Unitarianism. He was a Unitarian, and therefore a Deist – and, being a Deist, he was therefore a Unitarian. The words Trinitarian and Unitarian were opposed to each other, to distinguish the believers in the Trinity from those who did not agree to that doctrine. The Old Testament, it ought to be observed, was never placed by the Jews in the hands of their children; and the clergy of the Romish Church endeavored to keep the Scriptures from the laity by retaining them in an obscure tongue. It was in this country alone that the copies had been greatly multiplied and placed in the hands of all ranks and ages. He now called the attention of the Court to the "History of the English Bible", which, as it was printed for the Religious Tract Society, his lordship might easily conceive contained nothing offensive.

Mr. Carlile then read the small extract entitled "The History of the English Bible", after the concluding words of which, viz.: Thus, after the lapse of almost 100 years from the first appearance of the English printed Scriptures by the labors of Tyndal, we are come to the present authorised version, of which it has been remarked, that "it is the birth-right of our numerous population, and has proved the means of knowledge, holiness, and joy to millions; and we trust it is destined for ages yet to come, to be the glory of the rich, and the inheritance of the poor; the guide to the way-worn pilgrim, and the messenger of peace to many a dying sinner". He said that in the latter day a Mr. Bellamy had started up, who denied the correctness of this version, asserting that in many parts it did not agree with the original Hebrew, proposed writing a new translation, and got some of the Bishops and the Prince Regent to subscribe for copies. Why did not the Attorney-General prosecute Mr. Bellamy for saying, as he in fact had, that the Scriptures (by which must be meant the authorised translation) did not contain the word of God? After some other observations he proceeded. He could not boast of having got a learned education. He ran through a country school in the way most boys do, up to the age of twelve; and whatever learning he had acquired since was in the time he had spared from his employment and the calls of his business; but, notwithstanding, he had perused a variety of commentators on the Bible, and finding them all disagree, that circumstance created doubt in his mind, which ended in the opinions he now held. He had been brought up in the doctrines of the Christian Church, and his mother used to impress them on him with peculiar earnestness. It was from the apprehension of similar doubts in the people generally that the Bishops in former times universally prohibited the reading of the Scriptures. His intention was to go through that part of the Bible examined by Mr. Paine, and it he should establish that they exactly agreed in the representation of them given by Mr. Paine, he was entitled to a verdict of acquittal.

He then, after several remarks on the statutes before referred to, and objections constantly over-ruled, commenced reading and commenting on the first two chapters of Genesis, after which he read a tract from the book on which the information is grounded, entitled "Extract of a Reply to the Bishop of Llandaff".

After the defendant had concluded reading, he said that he had made it clear from Mr. Paine's work, that Mr. Paine had shown that the book of Job was written prior to the book of Genesis. Having read Mr. Paine's letter to Lord Erskine, on the first and third chapters of Genesis, he now proceeded to the fourth. [Here the defendant proceeded to read the fourth chapter of Genesis.] On that part where it is stated that the Lord had set a mark on Cain, the defendant said that the commentators on the Bible were much puzzled as to what this mark was; some said it was the mark on the African; some, the mark on the Ethiopian – but no one, he said, could give a fair account of it. They also said that in the different genealogical accounts in the Bible, in most cases the accounts disagree with each other. After reading that part where the Lord is said to have repented for having created man, he attempted to comment on the passage. He said it made our Savior a mere human being – to repent of an action was unworthy of a God.

The Chief Justice here interrupted the defendant. His lordship said, that sitting there as an English judge he could not allow the defendant to take that course. By the law of the land, no person was allowed to deny the truth of the Christian religion, or to question the-divine authority of the Holy Scriptures.

Mr. Carlile said he was sorry to observe that there was little of Christianity about those who were around him. Mr. Paine himself said that Jesus Christ was an amiable and benevolent man; he endeavored to change the system of religion in his time – he made innovations on the powers of the high priests of the Jews; and what were the consequences? Why, he fell a victim to their rancor and malice. My lord, the priests in this country are not more merciful, it is-from the priests of this country that this persecution against me has originated.

The Chief Justice: It is unnecessary to read those chapters from Genesis, the jury are acquainted with them.

Mr. Carlile: My lord, I read them for the justification of Paine.

The Chief Justice: This surely cannot be a defence.

Mr. Carlile: My object is to show that Paine was justified in what he asserted; my object is to show that Paine was not guilty of a falsehood.

The Chief Justice: I did not restrain you from reading the publication itself; though if what is contained in it were urged by yourself, I certainly would not allow you to proceed.

Mr. Carlile: My lord, in this country it is easy to-excite religious prejudice. Paine said that no man should be condemned for differing with another in opinion. Such conduct is surely not consistent with the spirit of Christianity, nor with any principle of morality or justice.

The Chief Justice: I have already stated, and I now repeat it, that sitting here as an English judge, I cannot allow any man to deny that the Holy Bible is of divine authority.

Mr. Carlile: My lord, the jury are the judges in my case. I see no law that applies to my case – I appeal to the judgment of the jury. My lord, Mr. Kidd, in his defence of Williams, was going into the same line of defence that I now wish to take; he was interrupted by Lord Kenyon. Mr. Kidd said he stood there the advocate of the prisoner; that in a Court of Justice every man had a right to a defence; that he saw no course of defence but that which he was about to take, and if he were not allowed to pursue that, he might as well abandon the defence altogether. Lord Kenyon desired him to go on.

The Chief Justice: In that very report you will find that Mr. Kidd was about to read certain passages of the Bible, and on an intimation of the Court, he desisted from doing so. I have allowed you in this case much greater latitude than was allowed to Mr. Kidd in that. You may cite passages, but do not read them.

Here the Attorney-General read a passage from the report of the trial of Williams.

Mr. Carlile: My lord, Mr. Paine said that no book was more read and less examined than the Bible. When I am prevented from reading passages from the Bible, is it because the Bible is not fit to be read?

The Chief Justice: Not to be read irreverently – not to be read for the avowed purpose of proving or attempting to prove that the Bible is not of divine origin.

Here the foreman of the jury interfered. He said that the jury did not think it necessary for the defendant to go any farther into the reading of the Bible.

His lordship again said, that as an English judge, independent of every other consideration, he would not suffer the defendant to question the Scriptures.

Mr. Carlile: My lord, the Scriptures are here considered of divine origin. The Mahometans consider the Koran as divine also. The Mahometans would not permit a man, however conscientious, to doubt the dogmas of the Koran.

The Chief Justice: If you in the Mahometan empire committed an offence against the religion of the State, instead of receiving an impartial and patient trial, as you have here, you would be devoted to instant death.

Mr. Carlile: Yes, my lord, and this shows how cool men should be, and how much consideration should be given to matter of opinion.

The Chief Justice: I cannot allow you to violate the laws of the land, and in affecting to defend yourself, to commit a repetition of the offence.

Mr. Carlile: My lord, the entire case is a matter of opinion. I shall now proceed to read some passages from the writings of Doctor Geddes, the translator of the Hebrew Testament. That celebrated man was educated a Catholic priest, and was one of the most learned and able men of his day. Here he read a number of passages from Doctor Geddes, he was proceeding to read further, when The Attorney-General said, that if the defendant were thus allowed to proceed, he saw no termination to the trial; if permitted, the defendant might continue to read every work published on the gospel. What the defendant was reading had no relation whatever to the charge, and he should not be allowed to occupy the time of the Court.

The Chief Justice: The work the defendant is now reading is very different from the publication of Paine. Dr. Geddes observes on the five books of Moses, and expresses his doubts as to some of them.

Mr. Carlile: My lord, Dr. Geddes doubts some parts of the Bible, and Mr. Paine's publication doubted some part of it.

The Chief Justice: No; the publication of Paine does not go to express doubts, but it impugns the Bible; it says that the entire of the Bible is a tissue of falsehood and imposition.