[Prisoner for Blasphemy by George William Foote]@TWC D-Link bookPrisoner for Blasphemy PREFACE 8/15
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 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." Now such a decision can only be a stepping-stone to the abolition of the law.
<<Back Index Next>> D-Link book Top TWC mobile books
|