The Chief Justice said these works had no bearing on the question.
Mr. Carlile: My lord, I am left then without a defence. There are two books, one is protected by an Act of Parliament, and the other I am not allowed to-support.
The Chief Justice: I cannot let men be acquitted of a charge of violating the law because they are unbelievers.
Mr. Carlile: Everything that is true should be allowed. Another part of my defence is to show the general persecution that has existed since the commencement of Christianity—that same system of persecution is now exerted against me; because I have published certain opinions, I am to be sent to prison without a defence. My lord, for the truth of opinions hundreds have been burnt in Smithfield and thousands on the Continent. The Attorney-General, I am sure, would pursue me to the stake with the same pleasure and avidity that he now pursues me to a prison.
The Chief Justice: You have no right to say that.
Mr. Carlile: My lord, I shall now proceed to a short examination of a statement made by Bishop Burnet. The Bishop says "that damnation is repugnant to the wisdom and mercy of God". He says in his charge to-the clergy that they should not give their real opinions to the world. He says, that the idea of hell is as ridiculous as the idea of Transubstantiation. But it should be recollected, however ridiculous it may appear, hundreds have suffered death for maintaining it; and though he treats it as absurd it was a few years before his time the sacred doctrine professed by the Christian world, venerated as ancient, and revered as the essence of the established religion of his country. Here he went into a recital of some observations of distinguished authors, on the dignity of avowing the truth: Tacitus exclaimed, when will the blessed time arrive when men may think without awe and speak without danger. Milton, Bacon and Boyle expressed themselves in the like terms; but the Attorney-General said he would send me to a prison, merely because I would uphold what I think to be true; not that my opinions are different from his; no, I could hold up the hand of fellowship to Sir Robert Gifford, he is a Unitarian, and a Unitarian is a Deist. If I am once found guilty, I know well that no objections will avail me. I shall be placed in the hands of those who are now my prosecutors.
The Chief Justice: I repeat it, if I am wrong in point of law, you will be entitled to rectify that mistake by applying to the Court of King's Bench. I shall, indeed, myself consult the Court on the subject.
Mr. Carlile: My lord, I have no faith in the Court; I hope for no indulgence—my defence rests on matter of opinion, not of law. Where legislatures enact laws against opinion, their acts are a nullity and absurdity. My lord, I have no hope of bringing the jury round to my opinion; but I had a strong hope that if I was allowed to proceed I should show that I had some reasons to doubt, and that I might have doubted without a malicious intention.
The Chief Justice: I have not excluded you from that line of defence. You may, if you can, show that your intentions were innocent; but you cannot, and must not do that by impeaching the Holy Scriptures.
Mr. Carlile: My lord, there are some parts of the Scriptures which Paine has not touched on, or to which he has slightly alluded; for instance, the Songs of Solomon in the Old Testament. These contain the most voluptuous tales—it was my intention to read them—and then I would ask you, gentlemen of the jury, whether you would put into the hands of your children that book in preference to "The Age of Reason"? The Bible contains tales which no young mind can read un-contaminated. "The Age of Reason" rescues the character of the Deity from the degraded situation in which the Bible placed it, and instead of suppressing the works of Paine by prosecutions, a statue should be erected in this hall sacred to his memory—in this hall, and in every public place in this country. My lord, there were fifty Gospels afloat until the councils of Nice and Laodicea collected them, and selected these Gospels out of them which are now professed by Christians. I am not precluded from showing you the authority of these Councils. The early Christians were celebrated for persecuting each other. [Here he referred to "Eusebius's Ecclesiastical History". After reading some passages, the Court asked with what object he proceeded? He replied, he read it to show that the New Testament was no gift of God to man.]