"Gentlemen, this is reasoning by comparison; and reasoning by comparison is often fallacious. On the present occasion the fallacy is this: that, in the first case, the persons perish by the operation of the general laws of nature, not suffering punishment for a crime; whereas, in the latter, the general laws of nature are suspended or transgressed, and God commands the slaughter to avenge his offended will. Is this then a satisfactory answer to the objection? I think it is not; another may think so too; which it may be fairly supposed the Author did; and then the objection, as to him, remains in full force, and he cannot, from insisting upon it, be fairly accused of malevolent intention."
In his answer Erskine said: "The history of man is the history of man's vices and passions, which could not be censured without adverting to their existence; many of the instances that have been referred to were recorded as memorable warnings and examples for the instruction of mankind." But for this argument Erskine was indebted to his old client, Paine, who did not argue against the things being recorded, but against the belief "that the inhuman and horrid butcheries of men, women, and children, told of in those books, were done, as those books say they were done, at the command of God." Paine says: "Those accounts are nothing to us, nor to any other persons, unless it be to the Jews, as a part of the history of their nation; and there is just as much of the word of God in those books as there is in any of the histories of France, or Rapin's 'History of England,' or the history of any other country."
As in Paines own trial in 1792, the infallible scheme of a special jury was used against Williams. Lord Kenyon closed his charge with the words: "Unless it was for the most malignant purposes, I cannot conceive how it was published. It is, however, for you to judge of it, and to do justice between the Public and the Defendant."
"The jury instantly found the Defendant—Guilty."
Paine at once wrote a letter to Erskine, which was first printed in Paris. He calls attention to the injustice of the special jury system, in which all the jurymen are nominated by the crown. In London a special jury generally consists of merchants. "Talk to some London merchants about scripture, and they will understand you mean scrip, and tell you how much it is worth at the Stock Exchange. Ask them about Theology, and they will say they know no such gentleman upon 'Change." He also declares that Lord Kenyon's course in preventing Mr. Kyd from reading passages from the Bible was irregular, and contrary to words, which he cites, used by the same judge in another case.
This Letter to Erskine contains some effective passages. In one of these he points out the sophistical character of the indictment in declaring the "Age of Reason" a blasphemous work, tending to bring in contempt the holy scriptures. "The charge should have stated that the work was intended to prove certain books not the holy scriptures. It is one thing if I ridicule a work as being written by a certain person; but it is quite a different thing if I write to prove that such a work was not written by such person. In the first case I attack the person through the work; in the other case I defend the honour of the person against the work." After alluding to the two accounts in Genesis of the creation of man, according to one of which there was no Garden of Eden and no forbidden tree, Paine says:
"Perhaps I shall be told in the cant language of the day, as I have often been told by the Bishop of Llandaff and others, of the great and laudable pains that many pious and learned men have taken to explain the obscure, and reconcile the contradictory, or, as they say, the seemingly contradictory passages of the Bible. It is because the Bible needs such an undertaking, that is one of the first causes to suspect it is not the word of God: this single reflection, when carried home to the mind, is in itself a volume. What! does not the Creator of the Universe, the Fountain of all Wisdom, the Origin of all Science, the Author of all Knowledge, the God of Order and of Harmony, know how to write? When we contemplate the vast economy of the creation, when we behold the unerring regularity of the visible solar system, the perfection with which all its several parts revolve, and by corresponding assemblage form a whole;—when we launch our eye into the boundless ocean of space, and see ourselves surrounded by innumerable worlds, not one of which varies from its appointed place—when we trace the power of a Creator, from a mite to an elephant, from an atom to an universe, can we suppose that the mind [which] could conceive such a design, and the power that executed it with incomparable perfection, cannot write without inconsistence; or that a book so written can be the work of such a power? The writings of Thomas Paine, even of Thomas Paine, need no commentator to explain, compound, arrange, and re-arrange their several parts, to render them intelligible—he can relate a fact, or write an essay, without forgetting in one page what he has written in another; certainly then, did the God of all perfection condescend to write or dictate a book, that book would be as perfect as himself is perfect: The Bible is not so, and it is confessedly not so, by the attempts to mend it."
Paine admonishes Erskine that a prosecution to preserve God's word, were it really God's word, would be like a prosecution to prevent the sun from falling out of heaven; also that he should be able to comprehend that the motives of those who declare the Bible not God's word are religious. He then gives him an account of the new church of Theophilanthropists in Paris, and appends his discourse before that society.
In the following year, Paine's discourse to the Theophilanthropists was separately printed by Clio Rickman, with a sentence from Shakespeare in the title-page: "I had as lief have the foppery of freedom as the morality of imprisonment" There was also the following dedication:
"The following little Discourse is dedicated to the enemies of Thomas Paine, by one who has known him long and intimately, and who is convinced that he is the enemy of no man. It is printed to do good, by a well wisher to the world. By one who thinks that discussion should be unlimited, that all coercion is error; and that human beings should adopt no other conduct towards each other but an appeal to truth and reason."