Among the transferred offences were forgery5, bigamy, abductions of women. "Blasphemy6 and offences against religion," often of doubtful and delicate interpretation7, 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 atheism8, heresy9, and other troubles of the questioning intellect were designated. "Composing, printing or publishing blasphemous10 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 statute11, but was interpolated in a list, which read like an auctioneer's catalogue, eluded12 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 outlaw13 to that of a citizen, crept into the Statute Book through a criminal avenue. A Bill to admit atheists, agnostics, or other conscientious14 objectors to the ecclesiastic15 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 Hardy16 (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 rejection17. It was passed at last by the friendly device of G. W. Hastings, M.P., the founder18 of the Social Science Association, in a Bill innocently purporting19 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 exemption20 of an entirely21 different class of persons from the obligation of making oath. Adulterers appear always to be Christians22, since no case is recorded in which any party in an adultery action professed23 any scruple24 at taking the oath. Yet the Bill set forth25 that "any person in a civil or criminal proceeding26 who shall object to make an oath," shall make a declaration instead. When the Bill became an Act secular27 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 peril28.
In 1842, as I witnessed at the Gloucester Assizes, no barrister would defend any one accused of dissent29 from Christianity, but apologised for him and proclaimed his contrition30 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 outlaws31, and were henceforth enabled to give evidence in their own defence. Wide-awake and vigilant32 as a rule, bigotry33 was asleep that day. Thus by circuitous34 and furtive35 paths the right of free thought has made its way to the front of the State.
* 32 & 33 chap. 68, Evidence Amendment Act
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1 recording | |
n.录音,记录 | |
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2 ignominious | |
adj.可鄙的,不光彩的,耻辱的 | |
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3 jurisdiction | |
n.司法权,审判权,管辖权,控制权 | |
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4 magisterial | |
adj.威风的,有权威的;adv.威严地 | |
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5 forgery | |
n.伪造的文件等,赝品,伪造(行为) | |
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6 blasphemy | |
n.亵渎,渎神 | |
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7 interpretation | |
n.解释,说明,描述;艺术处理 | |
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8 atheism | |
n.无神论,不信神 | |
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9 heresy | |
n.异端邪说;异教 | |
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10 blasphemous | |
adj.亵渎神明的,不敬神的 | |
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11 statute | |
n.成文法,法令,法规;章程,规则,条例 | |
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12 eluded | |
v.(尤指机敏地)避开( elude的过去式和过去分词 );逃避;躲避;使达不到 | |
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13 outlaw | |
n.歹徒,亡命之徒;vt.宣布…为不合法 | |
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14 conscientious | |
adj.审慎正直的,认真的,本着良心的 | |
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15 ecclesiastic | |
n.教士,基督教会;adj.神职者的,牧师的,教会的 | |
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16 hardy | |
adj.勇敢的,果断的,吃苦的;耐寒的 | |
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17 rejection | |
n.拒绝,被拒,抛弃,被弃 | |
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18 Founder | |
n.创始者,缔造者 | |
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19 purporting | |
v.声称是…,(装得)像是…的样子( purport的现在分词 ) | |
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20 exemption | |
n.豁免,免税额,免除 | |
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21 entirely | |
ad.全部地,完整地;完全地,彻底地 | |
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22 Christians | |
n.基督教徒( Christian的名词复数 ) | |
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23 professed | |
公开声称的,伪称的,已立誓信教的 | |
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24 scruple | |
n./v.顾忌,迟疑 | |
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25 forth | |
adv.向前;向外,往外 | |
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26 proceeding | |
n.行动,进行,(pl.)会议录,学报 | |
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27 secular | |
n.牧师,凡人;adj.世俗的,现世的,不朽的 | |
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28 peril | |
n.(严重的)危险;危险的事物 | |
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29 dissent | |
n./v.不同意,持异议 | |
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30 contrition | |
n.悔罪,痛悔 | |
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31 outlaws | |
歹徒,亡命之徒( outlaw的名词复数 ); 逃犯 | |
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32 vigilant | |
adj.警觉的,警戒的,警惕的 | |
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33 bigotry | |
n.偏见,偏执,持偏见的行为[态度]等 | |
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34 circuitous | |
adj.迂回的路的,迂曲的,绕行的 | |
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35 furtive | |
adj.鬼鬼崇崇的,偷偷摸摸的 | |
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