Mr. Holyoake replied affirmatively, and the clerk proceeded to read the indictment as follows:—
[Gloucester to wit.]—The Jurors for our lady the Queen, upon their oath, present that George Jacob Holyoake, late of the parish of Cheltenham, in the county of Gloucester, labourer,* being a wicked, malicious, and evil-disposed person, and disregarding the laws and religion of the realm, and wickedly and profanely devising and intending to bring Almighty God, the Holy Scriptures, and the Christian religion, into disbelief and contempt among the people of this kingdom, on the twenty-fourth day of May, in the fifth year of the reign of our lady the Queen, with force and arms, at the parish aforesaid, in the county aforesaid, in the presence and hearing of divers liege subjects of our said lady the Queen, maliciously, unlawfully, and wickedly did compose, speak, utter, pronounce, and publish with a loud voice, of and concerning Almighty Gog, the Holy Scriptures, and the Christian religion, these words following, that is to say, 'I (meaning the said George Jacob Holyoake) do not believe there is such a thing as a God; I (meaning the said George Jacob Holyoake) would have the Deity served as they (meaning the government of this kingdom) serve the subaltern, place him (meaning Almighty God) on half-pay'—to the high displeasure of Almighty God, to the great scandal and reproach of the Christian religion, in open violation of the laws of this kingdom, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity.
* It was pure invention that described me as a' labourer.'
It was a term of degradation in the county, and therefore
employed—my profession was that of a Mathematical Teacher.
Mr. Holyoake pleaded Not Guilty, and applied to have the names of the jury called over singly and distinctly.
Mr. Alexander, counsel for the prosecution, said the offence being only a misdemeanour, the defendant had no right to challenge.
Mr. Justice Erskine. Of course not, unless reasons are given in each case.
Clerk. The name of John Lovesey is first.
Mr. Holyoake. I object to Lovesey. He sat on the bench when I was before the magistrates at Cheltenham, and approved the proceedings against me. He is not disinterested in this matter.
Mr. Justice Erskine said that was not sufficient reason for challenging.
Loresey declared he 'shuddered at the crime of the prisoner,' and after some further conversation, the judge having observed it was 'as well to go,' Lovesey left the box.