Mr. Carlile: Is it not actually the case, that God is represented in the text as dwelling in a box of shittim wood in the temple?
The Chief Justice: Certainly not, sir.
Mr. Carlile: If my defence be bad, I only injure myself. He then proceeded to read some remarks of Sir W. Drummond, condemning the reason assigned for God's determining not to curse the earth any more, when he was interrupted by
The Attorney-General, who said: I do trust your lordship will interpose. I say, when a defendant is charged with a publication attacking the truths of Christianity, he cannot be allowed to defend himself by making new attacks. No man can be suffered to make this Court the arena where the calumnies from the pen of Paine, or of any other writer, are to be promulgated. The object of the defendant is evident. He wishes that those calumnies should come forth to the public in a shape more disgraceful than they have hitherto appeared; but in the discharge of my public duty I will take care that such publications shall not pass unnoticed or unpunished.
Mr. Gurney: The Court cannot hear the statute law, as well as the common law of the land, treated with contempt. Those who put the law in motion proceeded on the common law; but the statute of William and Mary is still in force.
Mr. Carlile: The Attorney-General has not founded his information on the statute of William and Mary. He wishes for a different punishment than that statute provides.
The Chief Justice: I am free to confess that I am placed in a very delicate situation. I am unwilling to prevent the defendant from going on with what appears to him fit and necessary for his defence; but, as a Judge, I am bound not to admit the law of the land to be insulted in my presence.
Mr. Carlile: I am not aware of having insulted any law.
The Solicitor-General: I wish to state to your lordship what Lord Ellenborough said on Eaton's trial. When the defendant was addressing him, his lordship interrupted him. "You have already," observed his lordship, "begun a passage, of which I caution you. This is not to be an opportunity for you to revile the Christian religion; and if you persist in doing so, I will not only prevent you, but perhaps animadvert on your conduct in committing an offence which was of the most heinous nature in the eyes of the Court." Defendant answered: "I have no intention of offending the Court." Lord Ellenborough observed, "You have got to a passage that is abominable—you must not read it". Now, my lord, the defendant before you says: "I will prove the truth of what Paine asserts, namely that there are obscenities, inconsistences, and contradictions in the Bible." This, I submit, he can only do by pursuing the course which Mr. Eaton was checked in, which cannot be permitted.
The Chief Justice: Let the defendant go on, if he can advance anything relevant and serviceable to his cause.