For these and other reasons I resolved to obtain, if possible, a certiorari to remove our Indictment to the Court of Queen's Bench; and as the first Indictment had been so removed, I did not anticipate any serious difficulty. On Monday, February 19, after travelling by the night train from Plymouth, where I had delivered three lectures the day before, I applied13 before Justices Manisty and Matthew, who granted me a rule nisi. But on the Saturday Sir Hardinge Giffard moved that the rule should be taken out of its order in the Crown Paper, and argued on the following Tuesday. Seeing that the Court was determined14 to assist him, I acquiesced15 in the motion rather than waste my time in futile16 obstruction17. On Tuesday, February 27, Sir Hardinge Giffard duly appeared, supported by two junior counsel, Mr. Poland and Mr. F. Lewis. The judges, as on the previous Saturday, were Baron18 Huddleston and Mr. Justice North. The former displayed the intensest bigotry19 and prejudice, and the latter all that flippant insolence20 which he subsequently displayed at my trial, and which appears to be an inseparable part of his character. When, for instance, I ventured to correct Sir Hardinge Giffard on a mere21 matter of fact, as is quite customary in such cases; when I sought to point out that the Indictment already removed included Mr. Ramsey and myself, and not Mr. Bradlaugh only; Justice North stopped me with "Not a word, sir, not a word."
Sir Hardinge Giffard made a very short speech, knowing that such judges did not require much persuasion22. He moved that the rule nisi should be discharged; put in a copy of the Christmas Number of the Freethinker, which he described as a gross and intentional23 outrage24 on the religious feelings of the public; alleged25, as was perfectly26 true, that it was still being sold; and urged that the case was one that should be sent for trial at once.
My reply was longer. After claiming the indulgence of the Court for having to appear in person, owing to my purse being shorter than the London Corporation's, I laid before their lordships my reasons for asking them to make the rule absolute. I argued that, as a press offence, our case was eminently28 one for a special jury; that the law of blasphemy29, which had not been interpreted for a generation, was very indefinite, and a common jury might be easily misled; that as contradictory30 statements of the common law existed, it was highly advisable to have an authoritative31 judgment32 in a superior Court; that grave questions as to the relations of the statute33 and the common law might also arise; that it was manifestly unfair, while a sweeping34 Indictment for blasphemy was removed to a higher Court, that I should be compelled to plead in a lower Court on a similar charge; and that it was unjust to try our case at the Old Bailey when the City Corporation was prosecuting35 us.
To none of these reasons, however, did their lordships vouchsafe36 a reply or extend a consideration. Baron Huddleston simply held the Christmas Number of the Freethinker up in Court, and declared that no sane37 man could deny that it was a blasphemous38 libel—a contumelious reproach on our Blessed Savior. But that was not the point at issue. Whether the prosecuted39 publication was a blasphemous libel or not, was a question for the jury at the proper time and in the proper place. All Baron Huddleston was concerned with was whether a fairer trial might be obtained in a higher Court than in a lower one, and before a special jury than before a common one. That question he never touched, and the one he did touch he was bound by legal and moral rules not to deal with at all.
Justice North briefly40 concurred41 with his learned brother, and refrained from adding anything because he would probably have to try the case at the Old Bailey himself. What a pity he did not reflect on the injustice42 of publicly branding as blasphemous the very men he was going to try for blasphemy within forty-eight hours!
The next morning, February 29, Mr. Ramsey, Mr. Kemp and I duly appeared at the Old Bailey. Before the regular business commenced, I asked his lordship (it was indeed Justice North) to postpone43 our trial until the next sessions, on the ground that, as my application for a certiorari was only decided44 the day before, there had been no time to prepare an adequate defence. His lordship refused to grant us an hour for that absurd purpose. Directly I sat down Mr. Poland arose, and begged that our trial might be deferred45 until the morrow, as his leader, Sir Hardinge Giffard, was obliged to attend elsewhere. This request was granted with a gracious smile and a bland46, "Of course, Mr. Poland." What a spectacle! An English judge refusing a fellow-citizen a single hour for the defence of his liberty and perhaps his life, and granting a delay of twenty-four hours to enable a brother lawyer to earn his fee!
I spent the rest of that day in preparations for the morrow—writing out directions for Mr. Wheeler in case I should be sent to prison, arranging books and documents, and leaving messages with various friends; and I sat far into the night putting together finally the notes for my defence. I was quite cool and collected; I neglected nothing I had time for, and I was dead asleep five minutes after I laid my head on the pillow. Only for a moment was I even perturbed47. It was when I was giving Mr. Wheeler his last instructions. Pointing to my book-shelves, I said: "Now, Joe, remember that if Mrs. Foote has any need, or if there should ever be a hitch48 with the paper, you are to sell my books—all of them if necessary." A great sob49 shook my friend from head to foot. The bitter truth seemed to strike him with startling force. Imprisonment50, and all it involved, was no longer a dim possibility: it was a grim reality that might have to be faced to-morrow. "Tut, tut, Joe!" I said, grasping his arm and laughing. But the laugh was half a failure, and there was a suspicious moisture in my eyes, which I turned my face away to conceal51.
During the day I had a last interview with Mr. Bradlaugh and Mrs. Besant at 63 Fleet Street. Mr. Bradlaugh told me he could find no flaw in our Indictment, and his air was that of a man who sees no hope, but is reluctant to say so. Mrs. Besant was full of quiet sympathy, proffering52 this and that kindness, and showing how much her heart was greater than her opportunity of assistance.
In the evening I attended the monthly Council meeting of the National Secular53 Society. Mr. Ramsey was also present. We both expressed our belief that we should not meet our fellow-councillors again for some time, and solemnly wished them good-bye, with a hope that, if we were sent to prison, they would seize the opportunity, and initiate54 an agitation55 against the Blasphemy Laws. I then drove home, and finished the notes for my defence.
Early the next morning I was at 28 Stonecutter Street. Being apprehensive56 of a fine as well as imprisonment, I made hasty arrangements for removing the whole of the printing plant to some empty rooms in a private house. Mr. A. Hilditch was the friend on whom I relied in this emergency; and I am indebted to him for aid in many other difficulties arising from my prosecution57. My foreman printer, Mr. A. Watkin, superintended the removal. By the evening not a particle of our plant remained at the office. Mr. Watkin stuck loyally to his duty during my long absence, and on my return I found how much the Freethinker owed to his unassuming devotion.
One ordeal58 was left. I had to say good-bye to my wife. It was a dreadful moment. Reticence59 is wisdom in such cases. I will not inflict60 sentiment on the reader, and I was never given to wearing my heart upon my sleeve. Let it suffice that I fought down even the last weakness. When I stepped into the Old Bailey dock I was calm and collected. All my energies were strung for one task—the defence of my own liberty and of the rights of Freethought.
That very morning the Freethinker appeared with its usual illustration. It was the last number I edited for twelve months. My final article was entitled, "No Surrender," and I venture to quote it in full, as exhibiting my attitude towards the prosecution within the shadow of the prison walls:—
in its attempt to put down the Freethinker. Sir Thomas Nelson
is keeping the pot boiling. He employs Sir Hardinge Giffard
and a tail of juniors in Court, and half the detectives of
London outside. These surreptitious gentleman, who ought to
be engaged in detecting crime, are busily occupied in purchasing
shopkeepers, and serving notices on the defendants64. What money,
being done. But there is one thing it cannot do. It cannot
"There is evidently a widespread conspiracy67 against us. We
civilisation. The company is not very agreeable, but then Jesus
himself was crucified between two thieves. No doubt the Jews
certainly reverse the judgment on us.
"If a jury should give a verdict against us, which we trust
it will not, the prosecutors75 will probably strike again at
some other Freethought publication. The appetite for persecution76
grows by what it feeds on, and demands sacrifice after sacrifice
until it is checked by the aroused spirit of humanity. After
a sleep of twenty-five years the great beast has roused itself,
and it may do considerable damage before it is driven back into
and sixty years ago, when scores of brave men and women faced
of their persecutors; and made the Blasphemy Laws a dead letter
for a whole generation. May our victory be as great as theirs,
even if our sufferings be less.
"But will they be less? Who knows? They may even be greater.
Christian charity has grown so cold-blooded in its vindictiveness79
since the 'pioneer days' that blasphemers are treated like
in the punishment awarded to heretics to-day. Richard Carlile,
and other heroes of the struggle for a free press, were mostly
treated as first-class misdemeanants; they saw their friends
when they liked, had whatever fare they could paid for, were
allowed the free use of books and writing materials, and could
A 'blasphemer' who is sent to prison now gets a month of
all communication with his relatives or friends except for one
visit during the second three months, is denied the use of pen
and ink, and debarred from all reading except the blessed Book.
England and Russia are the only countries in Europe that make
no distinction between press offenders and ordinary criminals.
his seventieth year, when his grey hairs should have been his
face. After eighteen centuries of Christianity, and an interminable
procession of Christian 'evidences,' such is the reply of
orthodoxy to the challenge of its critics.
"These things, however, cannot terrorise us. We are prepared
to stand by our principles at all hazard. Our motto is
No Surrender. What we might concede to criticism we will never
yield to menace. The Freethinker, we repeat again, will go
on whatever be the result of the present trial. The flag will
not fall because one standard-bearer is stricken down; it will
be kept flying proudly and bravely as of old—shot-torn and
blood-stained perhaps, but flying, flying, flying!"
Let me now pause to say a few words about our Indictment. It was framed on the model of the one I have already described charging us with being wicked and profane90 persons, instigated91 by the Devil to publish certain blasphemous libels in the Christmas Number of the Freethinker, to the danger of the Queen's Crown and dignity and the public peace, and to the great displeasure of Almighty92 God. The various "blasphemies93" were set forth94 in full, and my readers shall know what they were.
Mr. Wheeler's comic "Trial for Blasphemy" was one of the pieces. Matthew, Mark, Luke and John were accused of blasphemy in the Court of Common Sense. They were charged with publishing all the absurdities95 in the four gospels, and in especial with stating that a certain young Jew was God Almighty himself. After the citation96 and examination of many witnesses, Mr. Smart, Q.C., urged upon the jury that there was absolutely no evidence against the prisoners. It was perfectly clear that they were not the authors of the libels; their names had been used without their knowledge or sanction; and he confidently appealed to the jury for a verdict of Not Guilty. "After a brief consultation," concluded this clever skit97, "the jury, who had carefully examined the documents, were of opinion that there was nothing to prove that the prisoners wrote the libels complained of. A verdict of acquittal was accordingly entered, and the prisoners were discharged."
Now, every person acquainted with Biblical criticism knows that Mr. Wheeler simply put the conclusions of nearly all reputable scholars in a bright, satirical way; and a century hence people will be astonished to learn that such a piece of defensible irony98, every line of which might be justified99 by tons of learning, was included in an indictment for blasphemy, and considered heinous100 enough to merit severe punishment.
There were a few lines of verse picked out of long poems, and violently forced from their context; and also a few facetious101 "Answers to Correspondents," mangled102 in the same way. Certainly any publication could be condemned103 on this plan. The Bible itself might be proved an obscene book.
Then came eighteen illustrations, entitled "A New Life of Christ." All the chief miracles of his career were satirised, but not a single human incident was made the subject of ridicule104. Now, if miracles are not objects of satire105, I should like to know what are. If they never happened, why should they enjoy more respect and protection than other delusions106? Why should one man be allowed to deny miracles, and another man imprisoned107 for laughing at them? Must we regard long-faced scepticism as permissible108 heresy109, and broad-faced scepticism as punishable blasphemy? And if so, why not set up a similar distinction between long and broad faces in every other department of thought? Why not let Punch and Fun be suppressed, political cartoons be Anathema110, and social satire a felony?
Another illustration was called "A Back View." It represented Moses enjoying a panoramic111 view of Jahveh's "back parts." Judge North did his dirty worst to misrepresent this picture, and perhaps it was he who induced the Home Secretary to believe that our publication was "obscene." In reality the obscenity is in the Bible. The writer of Exodus112 contemplated113 sheer nudity, but the Freethinker dressed Jahveh in accordance with the more decent customs of the age of reason. I would cite on this point the judgment of Mr. Moncure D. Conway, the famous minister of South Place Chapel114. He expressed himself as follows in a discourse115 on Blasphemous Libel immediately after our imprisonment, since published in "Lessons for the Day":—
"The prosecutor74 described the libels as 'indecent,' an ambiguous
word which might convey to the public an impression that there
was something obscene about the pictures or language, which
is not the fact. The coarsest picture is a sidewise view of
a giant's form, in laborer's garb, the upper and lower part
veiled by a cloud. Only when one knows that the figure is
meant for Jahveh could any shock be felt. The worst sense
of the word 'indecent' was accentuated116 by the prosecutor's
saying that the libels were too bad for him to describe.
while exaggerated to its imagination. The fact under this is
that some bigots wished to punish some Atheists, but could only
public sympathy by pretending they had committed a libel partly
obscene. This is not English."
Frederick the Great, being a king, was a privileged blasphemer. In some unquotable verses written after the battle of Rossbach, where he routed the French and drove them off the field pell-mell, he sings, as Carlyle says, "with a wild burst of spiritual enthusiasm, the charms of the rearward part of certain men; and what a royal ecstatic felicity there is in indisputable survey of the same." "He rises," adds Carlyle, "to the heights of Anti-Biblical profanity, quoting Moses on the Hill of Vision." To Soubise and Company the poet of Potsdam sings—
"Je vous ai vu comme Moise
Dans des ronces en certain lieu
Eut l'honneur de voir Dieu."
Frederick's verse is halting enough, but it has "a certain heartiness119 and epic120 greatness of cynicism"; and so his biographer continues justifying121 this royal outburst of racy profanity with Rabelaisian gusto. I dare not follow him; but I am anxious to know why Carlyle's "Frederick" circulates with impunity122 and even applause, while the Freethinker is condemned and denounced. Judge North may be ignorant of Carlyle's masterpiece, but I can hardly presume the same ignorance in Sir William Harcourt. He probably sinned against a greater light. Few worse outrages123 on public decency124 have been committed than his describing my publication as not only blasphemous, but obscene. And the circumstances in which this slander125 was perpetrated served to heighten its criminality.
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swarms
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| 蜂群，一大群( swarm的名词复数 ) | |
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chattering
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| n. （机器振动发出的）咔嗒声，(鸟等)鸣，啁啾 adj. 喋喋不休的，啾啾声的 动词chatter的现在分词形式 | |
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bent
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| n.爱好，癖好；adj.弯的；决心的，一心的 | |
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offenders
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| n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物） | |
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ushers
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| n.引座员( usher的名词复数 )；招待员；门房；助理教员v.引，领，陪同( usher的第三人称单数 ) | |
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indictments
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| n.（制度、社会等的）衰败迹象( indictment的名词复数 )；刑事起诉书；公诉书；控告 | |
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indictment
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| n.起诉；诉状 | |
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caressing
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| 爱抚的，表现爱情的，亲切的 | |
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morbid
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| adj.病的；致病的；病态的；可怕的 | |
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orator
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| n.演说者，演讲者，雄辩家 | |
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splendor
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| n.光彩；壮丽，华丽；显赫，辉煌 | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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applied
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| adj.应用的；v.应用，适用 | |
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determined
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| adj.坚定的；有决心的 | |
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acquiesced
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| v.默认，默许( acquiesce的过去式和过去分词 ) | |
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16
futile
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| adj.无效的，无用的，无希望的 | |
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17
obstruction
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| n.阻塞，堵塞；障碍物 | |
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18
baron
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| n.男爵；(商业界等)巨头，大王 | |
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19
bigotry
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| n.偏见，偏执，持偏见的行为[态度]等 | |
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20
insolence
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| n.傲慢；无礼；厚颜；傲慢的态度 | |
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21
mere
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| adj.纯粹的；仅仅，只不过 | |
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persuasion
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| n.劝说；说服；持有某种信仰的宗派 | |
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intentional
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| adj.故意的，有意（识）的 | |
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24
outrage
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| n.暴行，侮辱，愤怒；vt.凌辱，激怒 | |
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25
alleged
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| a.被指控的，嫌疑的 | |
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26
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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27
eminent
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| adj.显赫的，杰出的，有名的，优良的 | |
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eminently
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| adv.突出地；显著地；不寻常地 | |
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blasphemy
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| n.亵渎，渎神 | |
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contradictory
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| adj.反驳的，反对的，抗辩的；n.正反对，矛盾对立 | |
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authoritative
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| adj.有权威的，可相信的；命令式的；官方的 | |
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32
judgment
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| n.审判；判断力，识别力，看法，意见 | |
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33
statute
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| n.成文法，法令，法规；章程，规则，条例 | |
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34
sweeping
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| adj.范围广大的，一扫无遗的 | |
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prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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vouchsafe
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| v.惠予，准许 | |
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sane
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| adj.心智健全的，神志清醒的，明智的，稳健的 | |
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blasphemous
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| adj.亵渎神明的，不敬神的 | |
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prosecuted
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| a.被起诉的 | |
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briefly
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| adv.简单地，简短地 | |
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concurred
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| 同意（concur的过去式与过去分词形式） | |
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injustice
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| n.非正义，不公正，不公平，侵犯（别人的）权利 | |
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43
postpone
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| v.延期，推迟 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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45
deferred
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| adj.延期的，缓召的v.拖延，延缓，推迟( defer的过去式和过去分词 )；服从某人的意愿，遵从 | |
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bland
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| adj.淡而无味的，温和的，无刺激性的 | |
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perturbed
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| adj.烦燥不安的v.使（某人）烦恼，不安( perturb的过去式和过去分词 ) | |
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hitch
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| v.免费搭(车旅行)；系住；急提；n.故障；急拉 | |
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sob
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| n.空间轨道的轰炸机；呜咽，哭泣 | |
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imprisonment
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| n.关押，监禁，坐牢 | |
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conceal
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| v.隐藏，隐瞒，隐蔽 | |
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proffering
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| v.提供，贡献，提出( proffer的现在分词 ) | |
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secular
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| n.牧师，凡人；adj.世俗的，现世的，不朽的 | |
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initiate
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| vt.开始，创始，发动；启蒙，使入门；引入 | |
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agitation
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| n.搅动；搅拌；鼓动，煽动 | |
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apprehensive
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| adj.担心的，恐惧的，善于领会的 | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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ordeal
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| n.苦难经历，（尤指对品格、耐力的）严峻考验 | |
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reticence
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| n.沉默，含蓄 | |
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inflict
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| vt.(on)把…强加给，使遭受，使承担 | |
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lavishly
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| adv.慷慨地，大方地 | |
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waylaying
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| v.拦截，拦路( waylay的现在分词 ) | |
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intimidating
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| vt.恐吓，威胁( intimidate的现在分词) | |
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defendants
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| 被告( defendant的名词复数 ) | |
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expended
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| v.花费( expend的过去式和过去分词 )；使用（钱等）做某事；用光；耗尽 | |
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alienate
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| vt.使疏远，离间；转让(财产等) | |
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conspiracy
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| n.阴谋，密谋，共谋 | |
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rogues
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| n.流氓( rogue的名词复数 )；无赖；调皮捣蛋的人；离群的野兽 | |
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Christian
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| adj.基督教徒的；n.基督教徒 | |
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pious
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| adj.虔诚的；道貌岸然的 | |
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Christians
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| n.基督教徒( Christian的名词复数 ) | |
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vilest
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| adj.卑鄙的( vile的最高级 )；可耻的；极坏的；非常讨厌的 | |
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posterity
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| n.后裔，子孙，后代 | |
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prosecutor
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| n.起诉人；检察官，公诉人 | |
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prosecutors
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| 检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人 | |
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persecution
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| n. 迫害,烦扰 | |
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77
lair
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| n.野兽的巢穴；躲藏处 | |
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78
malice
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| n.恶意，怨恨，蓄意；[律]预谋 | |
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vindictiveness
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| 恶毒；怀恨在心 | |
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callous
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| adj.无情的，冷淡的，硬结的，起老茧的 | |
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refinement
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| n.文雅；高尚；精美；精制；精炼 | |
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gaol
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| n.(jail)监狱；(不加冠词)监禁；vt.使…坐牢 | |
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83
subsist
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| vi.生存，存在，供养 | |
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84
miserable
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| adj.悲惨的，痛苦的；可怜的，糟糕的 | |
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garb
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| n.服装，装束 | |
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indignity
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| n.侮辱，伤害尊严，轻蔑 | |
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brutal
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| adj.残忍的，野蛮的，不讲理的 | |
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meted
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| v.（对某人）施以，给予（处罚等）( mete的过去式和过去分词 ) | |
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outspoken
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| adj.直言无讳的，坦率的，坦白无隐的 | |
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profane
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| adj.亵神的，亵渎的；vt.亵渎，玷污 | |
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instigated
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| v.使（某事物）开始或发生，鼓动( instigate的过去式和过去分词 ) | |
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almighty
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| adj.全能的，万能的；很大的，很强的 | |
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blasphemies
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| n.对上帝的亵渎，亵渎的言词[行为]( blasphemy的名词复数 )；侮慢的言词（或行为） | |
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forth
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| adv.向前；向外，往外 | |
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absurdities
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| n.极端无理性( absurdity的名词复数 )；荒谬；谬论；荒谬的行为 | |
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citation
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| n.引用，引证，引用文；传票 | |
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skit
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| n.滑稽短剧；一群 | |
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irony
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| n.反语，冷嘲；具有讽刺意味的事，嘲弄 | |
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justified
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| a.正当的，有理的 | |
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100
heinous
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| adj.可憎的，十恶不赦的 | |
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101
facetious
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| adj.轻浮的，好开玩笑的 | |
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102
mangled
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| vt.乱砍（mangle的过去式与过去分词形式） | |
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103
condemned
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| adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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104
ridicule
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| v.讥讽，挖苦；n.嘲弄 | |
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105
satire
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| n.讽刺，讽刺文学，讽刺作品 | |
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106
delusions
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| n.欺骗( delusion的名词复数 )；谬见；错觉；妄想 | |
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imprisoned
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| 下狱，监禁( imprison的过去式和过去分词 ) | |
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108
permissible
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| adj.可允许的，许可的 | |
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109
heresy
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| n.异端邪说；异教 | |
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anathema
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| n.诅咒；被诅咒的人(物)，十分讨厌的人(物) | |
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111
panoramic
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| adj. 全景的 | |
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112
exodus
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| v.大批离去，成群外出 | |
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113
contemplated
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| adj. 预期的 动词contemplate的过去分词形式 | |
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114
chapel
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| n.小教堂，殡仪馆 | |
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115
discourse
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| n.论文，演说；谈话；话语；vi.讲述，著述 | |
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accentuated
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| v.重读( accentuate的过去式和过去分词 )；使突出；使恶化；加重音符号于 | |
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117
withheld
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| withhold过去式及过去分词 | |
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118
forestall
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| vt.抢在…之前采取行动；预先阻止 | |
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119
heartiness
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| 诚实，热心 | |
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120
epic
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| n.史诗，叙事诗；adj.史诗般的，壮丽的 | |
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121
justifying
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| 证明…有理( justify的现在分词 )； 为…辩护； 对…作出解释； 为…辩解（或辩护） | |
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122
impunity
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| n.(惩罚、损失、伤害等的)免除 | |
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123
outrages
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| 引起…的义愤，激怒( outrage的第三人称单数 ) | |
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124
decency
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| n.体面，得体，合宜，正派，庄重 | |
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125
slander
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| n./v.诽谤，污蔑 | |
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