Was it the 7th or 17th-The 7th. I ask you first, a little out of order, before you went away, did you see the defendant himself?—I did. to a closer investigation of a subject well worthy of their deepest and continued con: templation. The powers of the mind are given for human improvement in the progress of human existence.-The changes produced by such reciprocations of lights and intelligences are certain in their progression, and make their way imperceptibly, by the final and irresistible power of truth. If Christianity be founded in falsehood, let us become deists in this manner, and I am contented.—— But this book has no such object, and no such capacity:-it presents no arguments to the wise and enlightened; on the contrary, it treats the faith and opinions of the wisest with the most shocking contempt, and stirs up men, without the advantages of learning, or sober thinking, to a total disbelief of every thing hitherto held sacred; and consequently to a rejection of all the laws and ordinances of the state, which stand only upon the assumption of their truth. Now when you first went in whom did you find in the shop, and what passed?--I found a woman in the shop, and I asked her for the book," The Age of Reason;" she told me she would call Mr. Williams down stairs; she did not know she had any of them bound up: she called him down, and he came. I asked for that book, and Mr. Williams gave me this. In what shape was it when he first produced it?-It was not then sewed together, and not in sheets. How not in sheets: was it folded?—Yes, it was. But not stitched ?-No. Did he give any directions about the book before it was delivered to you?-To the woman in the shop: he desired her to stitch together. Did you pay for it :-I did. What sum did you pay for it?-One shilling. Did he deliver it to you, or the woman in his presence?-He delivered it to me. Is that the identical book that you purchased of him in the manner it is stated?—It is. I marked it: my name is on it: I wrote the day of the month the same day. Gentlemen, I cannot conclude without expressing the deepest regret at all attacks upon the christian religion by authors who profess to promote the civil liberties of the world.For under what other auspices than Chris-it tianity have the lost and subverted liberties of mankind in former ages been re-asserted? -By what zeal, but the warm zeal of devout christians, have English liberties been redeemed and consecrated ?-Under what other sanctions, even in our own days, have liberty and happiness been spreading to the uttermost corners of the earth?-What work of civilization, what commonwealth of greatness, has this bald religion of nature ever established? We see, on the contrary, the nations that have no other light than that of nature to direct them, sunk in barbarism, or slaves [Here Mr. Lowten read some of the passages to arbitrary governments; whilst under the christian dispensation, the great career of the world has been slowly, but clearly advancing, -lighter at every step, from the encouraging prophecies of the gospel, and leading, I trust, In the end, to universal and eternal happiness. Each generation of mankind can see but a few revolving links of this mighty and mysterious chain; but by doing our several duties in our allotted stations, we are sure that we are fulfilling the purposes of our existence.-You, I trust, will fulfil YOURS this day. EVIDENCE FOR THE PROSECUTION. Curtis Augustus Fleming sworn.-Examined by Mr. Garrow. I believe, Mr. Fleming, you are now one of the clerks in the Bank of England ?—Yes, I am. At the time when the transaction took place, about which I am going to examine you, you were clerk to Mr. Smythe, solicitor for this prosecution ?—I was. Did you at any time and when, sir, go to the shop of the defendant Thomas Williams? -Yes, I did, [Delivered it in.] recited in the indictment.] might spare the Court and Jury the pain Mr. Garrow. My lord, I really think we of hearing this read. to be sure it is shocking, perfectly shocking! Lord Kenyon. To me, who am a christian, this passage, for it is impossible to look at it, Mr. Garrow. We certainly will not read in private, without horror. Robert Smythe, sworn. Look at that. You were served with that notice? Yes, sir, I was. Mr. Garrow-Put it in, Mr. Smythe. [Read.] In the King's-bench The King against Thomas Williams for Blasphemy. Take notice that the prosecutors of the indictment against the above-named defendant will upon the trial of this cause be required to produce a certain book described in the said indictment to be the Holy Bible. Dated the 17th day of June, 1797. JOHN MARTIN, Solictor for the defendant. To Messieurs Grave and Vines, it. Mr. Martin. I certainly, sir, cannot deny Mr. Erskine.-That is our case my lord. Mr. Stewart Kyd.-Gentlemen of the Jury; The charge against the defendant is, no doubt, as the learned counsel who conducts the prosecution has stated it to be, a serious and important one. Serious and important as it is, the defendant has entrusted to me the duty of defending him against it; a duty which while I endeavour to discharge, with full at tention to the respect that is due to the dignity of this Court, and with that decent and unaffected seriousness which I feel belongs to the subject, I have no doubt I shall be favoured with a patient and impartial hearing, both from his lordship and from you. Gentlemen, though I have undertaken to defend this man from the penal consequences which it is sought to attach to the publication of the pamphlets which contain the passages you have heard read; and though I now avow that in my conscience I think my defence of him ought to be attended with success, yet I think it proper, in this early period of my address to you, and indeed Mr. Erskine has in effect called upon me to apprize you, that it is not of course that I should have undertaken to maintain the truth of every assertion contained in those passages, or to assert the correctness of the reasoning, or the justness of every conclusion drawn from the facts alleged, or the arguments stated in the publication. On such a plan I believe it would be impossible to defend any book that was ever written, on the subjects of religion, or politics, metaphysics, or morals; or on any subject which in its nature is not susceptible of strict and absolute demonstration. On such a plan I would not, speaking for myself, undertake to defend even the excellent answer of the bishop of Landaff, to part of the very publication which is the subject This man had been imprisoned for several months in the years 1794 and 1795, under a charge of high treason. He had been tried for a libel by a special jury and acquitted, and had been committed by the court of King'sbench into the custody of the marshal in consequence of his misconduct in a case in which he acted as an attorney. He published some particulars relating to these different transactions, in a pamphlet intituled "An Account of the Proceedings on a charge of High Treason against John Martin." London, 1795. of the present prosecution, nor the answer of the same learned prelate to the fifteenth and sixteenth chapters of Mr. Gibbon's Roman History. Gentlemen, I wish it to be distinctly understood, that I do not appear here to day in the character of a theological disputant, whose object it might be to maintain the truth of one system of religious tenets, or to arraign the falsehood of another: that I do not present myself before you as a deist, prepared to deny the truth of revealed religion; to impeach the authority of the Bible, or to justify, in the strict sense of the word, the attack made upon it by the publication which is the object of the present prosecution: but, that I stand here, an advocate in an English court of justice, to assert and to maintain, what I shall ever confidently and proudly maintain, the right of every individual, fairly and honestly to discuss a subject confessedly of the first importance to mankind, and to publish to the world the result of his enquiries thus honestly and fairly made; whether that result be right or wrong; in favour of the prevailing system, or against it. Gentlemen, in all prosecutions for libel the charge against the defendant consists of two component parts; the fact of writing, printing, or publishing, and the intention with which he writes, prints, or publishes; the fact is always the object of testimony; the intention too may sometimes be the object of testimony, and may be collected from circumstances and facts extrinsic to the work which is the object of prosecution; but it is generally to be collected from the tenor and substance of the work itself. The mere fact of publication is, in itself, no crime; if it were the defendant might as well be found guilty of publishing a libel of any description which legal ingenuity might suggest-for having published the Bible, as for having published the "Age of Reason." But, whatever may formerly have been held to be the law on this subject, we owe it to the great talents and unwearied exertions of my learned friend who conducts the present prosecution, that it is now happily established that from the mere fact of publication a jury are not to convict : they are to look, not only to the nature of the publication, its composition and its spirit, but to the intention of the defendant; whether he be the author or publisher; and from their opinion of the moral guilt or innocence of that intention, to convict or to acquit. In the present case, the fact of publication is proved; the only object, therefore, of every address to you, is the guilt or innocence of the intention. Gentlemen, in most prosecutions for libel the language in which the defendant's intention is charged, in the instrument of accusation, is plain and intelligible to common understandings; incapable of admitting different meanings, according to the different principles of the persons who read it. This ob servation is far from being applicable to the no temples. Cambyses, when he invaded present case, as you will see from an exami- Egypt, destroyed the temples which he found nation of the terms; they are these::-"blasdedicated to the worship of the sacred aniphemously, impiously, and profanely."-Gen- mals, and reproached the Egyptians as impitlemen, I would on no occasion choose to oc- ous and profane, for worshipping a bull, a cat, cupy your time by an ostentatious and useless or an onion; the Egyptians, on the other display of learning; much less would I at- hand, reproached him, in the same terms, for tempt it on an occasion so serious, and so so- violating the objects of their religious adoralemn as the present. I hope, therefore, no tion. When Xerxes invaded Greece, pursusuch intention will be imputed to me, from ing in like manner the spirit of his own remy endeavouring to fix the exact and origi- ligion, he destroyed the Grecian temples, and nal meaning of these terms. I feel it neces- reproached the Greeks with impiety and prosary to the full performance of my duty to faneness, in pretending to confine the Deity my client. "Blasphemously" is derived from to a local habitation. The Greeks, on the two Greek words, which signify, " to hurt, to contrary, reproached him as impious and proinjure, or to wound, the fame, character, repu- fane, for destroying their temples; the indigtation, or good opinion;"" blasphemously," nation which they felt from this cause, contherefore, means "with an intention to hurt, tributed, perhaps, more than any other to proto injure, or to wound, the fame, character, duce those wonderful efforts in defence of reputation or good opinion." "Profanely" their country, which adorn the pages of the is derived more immediately from a Latin historian of that day. A Christian might call word which signifies" a sacred place, a place a Turk blasphemous, impious and profane, set apart for the local worship of some divi- for maintaining the divine mission of Monity; a place where the favoured votaries may hammed, and ascribing his actions to the imbe received to a more immediate communica-mediate influence of God. The Turk would tion with the object of their adoration in the speak of the Christian in the same terms, for language of ancient legends a fane." "Pro- denying that mission, disputing the divine aufane," when applied to place, comprehends thority of the Koran, and ridiculing and reall that is not thus considered as holy ground: viling its doctrines. The promoters of the when applied to men it is considered as a present prosecution assume it as a first printerm of reproach; implying that they are un- ciple, which must not be controverted or disworthy to approach the sacred spot; unwor- cussed, that the Bible was written under the thy to have communication with the favoured immediate direction or authority of the Deity, votaries-to do any thing "profanely," and that it contains the special revelation of therefore, is to do it "in a manner, or with an his will to mankind. They will, therefore, intention to offend that which is esteemed justly, according to that assumed principle, holy;" or, as all subordinate divinities are brand with the epithets of blasphemous, imnow banished from hence, "in a manner, or pious, and profane, the man who shall doubt with an intention to offend the one supreme the authenticity of the Bible, deny that it conGod." "Impiously" is derived from the La-tains the word of God, or speak of it in a distin word pius, which expresses the attachment affection, respect, or reverence which is due from man to some other being to whom he stands in the relation of an inferior; as between a son and a father, it expresses filial affection; as between a man and the Deity, it expresses the constant and habitual reverence due from the former to the latter; to do any thing "impiously," therefore, is to do it" in a manner, or with an intention inconsistent with that reverence which is due from a man to his Creator." respectful or irreverent manner. On the other hand, the author of the work now under prosecution, and others of similar opinions, assuming the right of exercising their reason on all subjects, claiming to be the arbiters of their own faith, and having formed their own ideas of the justice, benevolence, and other attributes of God, from the uncontrolled exercise of that reason in the contemplation of his works, assert the right of examining by the standard of those ideas, any book that is presented to them as containing the oracles of God, and having been written under his immediate inspiration. If, therefore, they think, they find any thing in this book which attributes to the Deity things inconsistent with their preconceived ideas of his dignity, they will call those blasphemous, impious I will now crave your indulgence while I and profane, who shall assert this book to be illustrate these observations, by examples the word of God, and that the actions related from ancient history. The ancient Persians, in it were done by his immediate direction. who acknowledged only one supreme invisi I think, therefore, gentlemen, I have delible God, worshipped the fire and the sun, in-vered myself from the necessity of showing deed, as his emblems or representatives; but that the intention was not blasphemous, imthey thought it impious to confine the Deity, pious or profane. one of whose attributes was omnipresence, to one particular place, and, therefore, they had VOL. XXVI. It is plain, therefore, that according to the different systems of religious opinions which men embrace, they will apply the epithets of blasphemous, impious and profane, reciprocally to each other, and frequently, I will venture to say, with equal justice. The real question is not, whether you or his lordship approve the book? Not whether 2 X you condemn the passages selected from it, and inserted in this indictment, or any part of it? Not whether you are of the same opinion with the author; but whether at the time when he wrote the book he fell as he wrote, and expressed himself as he felt? WHETHER HE MEANT SERIOUSLY TO EXAMINE AN IMPORTANT SUBJECT AND TO SUBMIT HIS THOUGHTS ON IT TO man to whom the Christian religion is more indebted than to any other, since the days of St. Paul; I mean Dr. Lardner.—A Mr. Woolston had published some discourses on the miracles of our Saviour, in which he had used language of a very offensive and irreverend nature; he had been tried for blasphemy, and had been convicted: he published a defence of his discourses, in which he speaks of something of which he had heard as an intended reply, using these words:-" which by way of such a reply I should be glad to see "handled."-Dr. Lardner published an answer to Mr. Woolston's fifth discourse; in his preface to this Answer, vol. 2, page 2, he says "If by the expression, by way of such a reply,' he means a reply without abusive railing terms, or invoking the aid of the civil magistrate, I have done it in that way; I "wish Mr. Woolston no harm; I only wish "him a sincere conviction, and profession of "the truth, effected and brought about by "solid reasons and arguments, without pains "or penalties." In page 6, of the same Preface, he observes, "that some Christians be 66 66 ing of opinion that Christ's kingdom is not "of this world, and that it is his pleasure "that men should not be compelled to receive "his law by the punishments of this life, or "the fear of them, leave men to propose their "doubts and objections in their own way; "that others have openly declared, that they ought to be invited, and others that they ought to be permitted, to propose their ob"jections, provided it be done in a grave and "serious manner.". Dr. Waddington, then bishop of Chichester, in a letter to Dr. Lardner, though he pays the latter great compliments for his answer to Woolston, yet expresses his disapprobation of these passages in the preface; in reply to which, the doctor addresses the bishop to this effect, vol. 1, page 117:-" I believe that when I wrote those ex THE WORLD, WITHOUT A WANTON AND MALEVOLENT INTENTION TO DO MISCHIEF? If this was his object, and I think it is impossible to prove the contrary, I have the respectable authority of the bishop of Landaff for saying that the author ought not, and of course the publisher ought not to be amenable to a human tribunal. I have his authority for saying more; I have his authority for saying that it is not for any human tribunal to sit in judgment on the intention with which a man writes or publishes what he writes, on such such subjects. In his Answer to the Age of Reason," page 10, the bishop expresses himself thus:-"If you have made the best "examination you can, and yet reject revealed religion as an imposture, I pray that God may "pardon what I esteem your error." You observe, gentlemen, this learned and candid bishop does not take upon himself to condemn as absolutely and certainly false, the conclusions drawn by the author of this work; he supposes it possible that they may be just; he expresses with becoming modesty, his opinion that they are erroneous, but he leaves it to the Author of all truth to pardon the author, if they be. He continues thus :" And "whether you have made this examination or not, does not become me or any man to deter"mine." In another work of the same learned prelate, I mean his Answer to Mr. Gibbon, he avows the same liberal sentiments; he introduces himself to Mr. Gibbon in these words;-"It would give me much uneasiness to be reputed an enemy to free inquiry "in religious matters, or as capable of being "animated into any degree of personal malevo"lence, against those who differ from me in opinion. On the contrary, I look upon the right of private judgment, in every concern respecting God and ourselves, as superior to "the controul of human authority; and have ever regarded free disquisition as the best mean of illustrating the doctrine, and es"tablishing the truth of Christianity. Let "the followers of Mahomet, and the zealots "of the church of Rome, support their seve"ral religious systems, by damping every ef "fort of the human intellect to pry into the "foundations of their faith; but never can it "become a Christian to be afraid of being asked suppose, if he should be punished, it will a reason of the faith that is in him; nor a "be for writing against Christianity, and not Protestant to be studious of enveloping his re- "for his manner of doing it. I am far from "ligion in mystery and ignorance; nor the "thinking, that Mr. Woolston has written in "Church of England, to abandon that modera" a grave and serious manner; and I have "tion by which she permits every individual, "strongly expressed my dislike of his man"et sentire quæ velit, et quæ sentiat dicere." ner. Your lordship freely declares, he ought Gentlemen, I have the authority of "not to be punished for being an infidel, nor another great man to the same effect; a "for writing at all against the Christian reli " * pressions, I had no regard to a demand "made by any one, of a punishment on Mr. "Woolston for his writings; I only intended "to disown, in plain terms, which might not "be mistaken, the principles of persecution, "which he had charged upon so many of his "adversaries. As when I mentioned a reply "without abusive terms, I had no reference "to any reply written in that way; so, when "6 I wished his conviction without pains and "penalties, I had no reference to any de"mand made of them. But I do own, that "in the first paragraph, I had a reference to "6 a demand which I thought had been made "for punishing him for his writings. And I described what he calls the Christian mythology, proceeds in these words :-" That many good men may have believed this strange fable, and lived very good lives under that be"lief (for credulity is not a crime), is what I have no doubt of. In the first place, they were "educated to believe it, and they would have "believed any thing else in the same manner. There are also many who have been so enthusiastically enraptured, by whatthey "conceived to be the infinite love of God to man, in making a sacrifice of himself, that "the vehemence of the idea has forbidden, "and deterred them from examining into the "absurdity and profaneness of the story. "The more unnatural any thing is, the more " it is capable of becoming the object of dis"mal adoration. But, if objects for gratitude "gion, which appears to me a noble decla"ration. If the governors of the church, and "civil magistrates, had all along acted up to "this principle, I think the Christian religion" "had been, before now, well nigh universal. "But I have supposed it to be a consequence "from this sentiment, that if men have an "allowance to write against the Christian re"ligion, there must be also considerable indulgence as to the manner likewise. This "has appeared to me a part of that meekness "and forbearance, to which the Christian re"ligion obliges us, who are to reprove, re"buke, and exhort, with all long suffering. "The proper punishment of a low, mean, in"decent, scurrilous way of writing, seems to "be neglect, contempt, scorn, and general in"dignation. Your lorsdhip has observed, ex"tremely well, that this way of writing is" and admiration are our desire, do they not "such as may justly raise the indignation and "resentment of every honest man, whether" "Christian or not. This punishment he has "already had in part, and will probably have "more and more, if he should go on in his "rude and brutal way of writing. And if we "leave all farther punishment to HIM to "whom vengeance belongs, I have thought" "it might be much for the honour of our"selves, and of our religion. But if he should "be punished farther, the stream of resent"ment and indignation will turn; especially" "if the punishment should be severe; and it" "is likely that a small punishment will not "suffice to engage to silence, nor to an alter"ation of the manner of writing." : present themselves every hour to our eyes? Do we not see a fair creation prepared to "receive us the instant we are born-a world "furnished to our hands that costs us nothing? Is it we that light up the sun that pour down the rain, and fill the earth with "abundance? Whether we sleep or wake, the vast machinery of the universe still goes on. Are these things, and the blessings they indicate in future, nothing to us? "Can our gross feelings be excited by no other subjects than tragedy and suicide? Or is the gloomy pride of man become so intolerable, "that nothing can flatter it but a sacrifice of "the Creator?" The next passage with which I shall trouble Gentlemen, you observe these learned per- you, explains the author's ideas as to revelasons (and I could cite many more opinions to tion and the word of God, page 16-“ But the same purpose) speak in favour of a much "some perhaps will say, are we to have no greater latitude of liberty, in writing on sub- "word of God? No revelation? I answer, jects of religious controversy, than I think I "yes. There is a word of God; there is a have at present any occasion to require. They" revelation. The word of God is the creation tell you, no human tribunal ought to inter- "we behold; and it is in this, which no hupose; that even the intention of the writer "man invention can counterfeit or alter, that ought not to be brought under the cognizance" God speaketh universally to man: human of the civil magistrate. All that I have at language is local and changeable, and is present to contend is, that no malevolent in- "therefore incapable of being used as the tention can be fairly imputed to the author of "means of unchangeable and universal informthis publication. I shall argue this from the "ation. The idea that God sent Jesus Christ publication itself, which, in many parts of it, to publish, as they say, the glad tidings to speaks in terms of the most reverential awe of all nations, from one end of the earth to the the great Author of the universe, in terms the "other, is consistent only with the ignorance most respectful of the character of the Founder" of those who know nothing of the extent of of the Christian religion, and of the moral" the world, and who believed as those world doctrines which he taught; and I defy the most active industry of my learned friend to find a single passage in the whole work, inconsistent with the most chaste, the most correct system of morals. The first passage I shall read to you is, the author's profession of man might walk to the end of it. But how faith, at the bottom of the first page:-"I be- " was Jesus Christ to make any thing known "lieve in one God, and no more; and I hope" to all nations? He could speak but one "for happiness beyond this life. I believe language, which was Hebrew, and there are "the equality of man, and I believe that reli-" in the world several hundred languages. gious duties consist in doing justice, loving "Scarcely any two nations speak the same "mercy, and endeavouring to make our fel-"language, or understand each other; and "low creatures happy."-The next begins at as to translations, every man who knows the bottom of page 8. The author, after having" any thing of languages, knows that it is "saviours believed, and continued to believe "for several centuries, and that in contra"diction to the discoveries of philosophers, "and the experience of navigators, that the "earth was flat like a trencher, and that a |