Mr. Carlile: That in consequence of the interruption I have met with, I am unable to proceed in my defence to-night, and therefore request that the trial may be adjourned till to-morrow morning.
The Chief Justice: For the purpose of examining witnesses only.
Mr. Carlile: My lord, I have not been allowed this day to read any of the books to the jury I had intended, in order to justify what I am charged with as an offence. I should wish to read some of them, as well as to have witnesses examined.
The Chief Justice: It is not competent to me as a judge, sitting here and expounding the law of England, to permit you to read Bolingbroke, or Gibbon, or Hume or any author who denies the Christian religion to be true, or the Holy Scriptures to be of divine authority, neither can any witnesses be examined who may be brought forward to assert either of these things. As to your moral character it is not at present in question.
Mr. Carlile: Certainly, my lord, I conceive it is.
The Chief Justice: You appealed to me; hear me to the end, that you may see why evidence of that nature would be useless and irrelevant. All evidence to character applies itself and corresponds to the charge against the accused. When a man is charged with murder, he brings forward witnesses to prove that he had the reputation of being humane and benevolent, and not one likely to commit such an offence; in the same manner of robbery, or any other charge. Your moral character, at least in the common sense of the word, is not impeached, therefore there would be a waste of time to disprove an accusation not made. You propose to call witnesses, to state the different systems of religious belief among Christians, all that I should reject as being utterly irrelevant to your case. If the book you are charged with publishing attacked the opinions of any particular sect, it might be relevant, but yours is an attack on all the systems of Christianity that ever were known in the world. Perhaps there are some persons here who will speak to your character now.
Mr. Carlile: I am not aware there are, my lord.
The Chief Justice: But there should have been if you wished to produce evidence of that nature.
Mr. Carlile: I had subpoenaed a number of the leaders of different sects to explain their various doctrines, and the grounds on which they held them; and the inference I proposed to make from their testimony was, that the grounds of their different creeds might be examined into.
The Chief Justice: I certainly could not suffer these to be examined into; they would go for nothing, as you are charged with doing that which would subvert all Christian faith, unless they would lead to a denial of the truth of the Christian religion, or of the Divine authority of the Scriptures, which I would not permit.