I IS Mm I 
 
 I 
 
 181 
 
 *B 
 
A 
 
TRIAL 
 
 OF 
 
 Mr. Daniel Isaac Eaton, 
 
 FOR PUBLISHING 
 THE THIRD AND LAST PART 
 
 or 
 
 PAINE's AGE OF REASON ; 
 
 BEFORE 
 
 LORD ELLENBOROUGII, 
 
 1* THE 
 
 Cottrf of King's Bench, Guildhall, March 6, 1812; 
 
 CONTAINING THE WHOLE Of Hit 
 
 AND 
 
 Mr. PRIME SMITHS SPEECH 
 
 IN MITIGATION OF PUNISHMENT. 
 Why judge ye not of yoursehres that which is right. J^u 
 
 Honoon: 
 
 Prmted, Published, and Sold, by DAMEL ISAAC EATOK, at thf 
 
 lUtiocinatory, or Magazine for Truth and Good Senw, 
 
 No. S, ATC Maria Lane, Ludgatc Street. 
 
 tt ****** ****** 
 
/ML 
 
 PREFACE 
 
 THE Reader's attention is humbly requested to tins 
 Trial, and to the original pamphlet, the Third Part of 
 Mr. Paine's Age of Reason; in both of which there is 
 not one word about Christianity, the infallible church 
 of England, or any other religious sect \vhntc-vor; yet 
 it is made the pretence for my sentence of one year 
 and six months imprisonment, and to stand in the pil- 
 
 The whole of the Attorney-general's speech consists 
 in sophistry and declamation only, from which he 
 draws false conclusions. You will also observe the 
 interruptions almost from the very instant 1 began on 
 my Defence by Lord Ellenborough a most memora- 
 ble instance of his Lordship's liberality and disinter- 
 estedness. Another call 1 beg leave to make upon 
 your attention, which is, that Mr. Attorney-general 
 moved his Lordship that I might be taken into custody 
 before the Jury had given their verdict which bis 
 Lordship accordingly did, and I have remained in pri- 
 son in consequence two months previous to my sen- 
 tenc*. 
 
 As to the severity of the Sentence, it must have some 
 other cause than the turpitude of my alleged offence ; 
 and think I can inform you. Plead your own cause, 
 and you trespass on their craft; you assume your right, 
 but you lessen their incomes ; you assail the sanctum 
 sanctorum of their office you become a rebel to the 
 common practice, and as such you must be punished. 
 Those only ought to plead who can basely fawn, and 
 flatter the superficial knowledge of a judge ; to boldly 
 
 M342078 
 
- IV 
 
 assert tbe truth in open Court, is jour offence and no 
 defence. Such was Lord Ellenborough's language to me. 
 
 That defending myself in the best manner I could, 
 without that base servility of the counsel, gave great 
 offence, I make no doubt ; and this, together with the 
 trespass of pleading my own cause, must have greatly 
 added to my supposed crime, insomuch as to draw the 
 recollection of the Attorney-general, when I went up 
 for sentence, upon my then conduct. 
 
 Now I beg every reader to take particular notice 
 throughout the whole of my defence, if there was a. 
 single word disrespectful to any person ; if, on the 
 contrary, I did not ask his Lordship to let my Defence 
 be read by a Clerk ef the Court, in which case he could 
 have left out what he might think likely to offend. So 
 that although I cannot perceive the least offensive thing 
 in the whole of my defence ; yet if there was any, his 
 Lordship must blame himself in not suffering a clerk to 
 read it in my stead. It is to the public that I submit 
 my cause and my sufferingit is not to packed juries, 
 to venal judges, or corrupt counsel, that I ever will 
 deign to submit. The approbation of my own concience, 
 and of only one honest man, is of more worth thaa 
 the approbation of a thousand such wretches. 
 
 I have deferred publishing ray Trial till sentence was 
 passed, and now with every due respect present it to 
 the public, wishing it may assist in some respecter 
 other to remove the calcined rubbish of bigotry and su- 
 perstition, 
 
 D. I. EATON. 
 
TRIAL 
 
 or 
 
 Mr. DAMKL ISAAC EATON. 
 
 1 V Pullithims the Third and Lett Part if 
 
 PAIN! 
 
 age of ISeagon, 
 
 The folbicing Special Jury teas unpancllcA . 
 
 W IV HAYWAHD, Merchant, 
 
 J. Dl'NAGB, Merchant, 
 
 J. 1'HILIPI'S, Merchant, 
 
 J. HODGSON, Merchant, 
 
 l) \\1KF. I. \MBBRT, Merchant, 
 
 I W. \\KTHERI\GTON, Merchant. 
 
 II. I AKK. Mt-rchant, 
 
 G. STEVENSON, Merchant, 
 
 D6TUB HHo\\ \I.. Merchant, 
 THOMAS I.I I Merchant, 
 
 MhX)V, Merchant. 
 J. WITHEIU<, Merchant. 
 
 Mr. Garrow. As the Defendant has no counsel, and 
 it it possible he may appear to defend his cause, in per- 
 M hot your Lordship of opinion that he should 
 be called? 
 
 Lord rilenborough. Certainly. 
 
 Defendant was then called ; but, as he did 
 not appear, 
 
 / // Etlcnborough enquired Is the Defendant 
 aware that his trial stands for this morning ? 
 
Mr. Garrow. He attended on the forhier day, and 
 was then told the trial would come on at nine o'clock 
 this morning; since which a letter has been written to 
 him on the subject. 
 
 Lord Ellfnborough. Let the trial proceed then. 
 
 [tn a few minutes afterwards the Defendant made 
 his appearance, and took his seat at the table.] 
 
 Mr. Abbott. May it please your Lordship, Gentle- 
 men of the Jury This is an information exhibited by 
 his Majesty's Attorney-general against the Defendant, 
 for publishing a blasphemous and profane libel against 
 the Christian religion, and the divine founder of it. 
 
 The Attorney-general. May it please your Lord- 
 ship, Gentlemen of the Jury In the execution of my 
 official duty I have felt it incumbent on me to file this 
 information against the Defendant, for the publication 
 of a libel, so full of impiety and blasphemy, that I had 
 flattered myself with the hope that the British press 
 would never have been disgraced by sending forth to 
 the world such a work. In opening this information, 
 you have been told, that it is for a libel against the 
 Christian religion, and the holy author of it ; and I 
 know not how to express to you, in terms worthy of 
 the occasion, the regret and indignation I feel that any 
 man in this country should dare to disseminate such 
 pernicious doctrines. In the publication to which I 
 allude, the author denies the existence of that religion, 
 as derived from a divine origin, on which we all de- 
 pend for eternal happiness to which we all look for 
 comfort and consolation ! He states, that the holy 
 scriptures are, from beginning to end, mere fables ; 
 and he tells you, that the authors of that work are liars 
 and deceivers ; he denies the miracles, the divinity, the 
 
resurrection, and the ascension of our Saviour; he 
 contradi- K h;- existence as the son of God ; he denies 
 In- having appeared on earth, even as a man ; or, ra- 
 ther, ho treats the whole of his history as fabulous 
 Minilar to that of the heroes and deities whoso names 
 are handed down to us in the heathen mythology ! 
 And mg what infidelity, in his acceptation of 
 
 the term is, he thus expresses himself < he that be- 
 lieves in the story of Christ is an infidel to God. 1 ' 
 
 Gentlemen of the Jury The effect of such doctrines 
 ou society at large, on every individual who composes 
 part of it the evil consequences which must inevita- 
 bly be produced by them, if they were generally disse- 
 minated, and took root in the minds of those by whom 
 they were perused, would be dreadful in the extreme ! 
 I am now addressing some of you, who are advanced 
 in years who have been long bound together by 
 those links which unite society I am addressing some 
 of you who are parents ; but all of you have ties and 
 connections in the world ( would ask those of riper 
 age, where they are, in the close of life, to look for con- 
 solation, except in the principles of religious belief? 
 If they have acted with unsullied integrity, where are 
 they to seek for their reward, but in the accomplish- 
 ment of those promises which the scriptures hold forth ? 
 Or, if they have commuted offences, to whom are they 
 to look for forgm'iiev. if not to him whom this im- 
 pious author denies to have ever existed ? Of you, 
 who have families,! would ask this question What 
 is your most important object, as it is your most im- 
 perative duty, to inculcate and impress on the minds of 
 your children ? Is it not respect and veneration for 
 the religion of our common country, which all enligh- 
 tened and virtuoui uicn, wli-- I. axe studied. lsa\firnilv 
 
8 
 
 believed in ? Do you not build all your hopes of wet- 
 fare here, and happiness hereafter, on that faith to 
 which you give implicit credit ? And what would be 
 your feeling's, if you found that publications of this de- 
 scription had been brought under the consideration of 
 your dearest relatives, which, having corrupted their 
 minds, had also, as must inevitably be the case, sub- 
 verted and destroyed their morals ? To what are we 
 to look for safety in the conduct of our domestics from 
 what are we to expect a faithful and conscientious dis- 
 charge of their duties, if not from that strong sense of 
 morality, which a belief in our holy religion creates ? 
 On what tie can we depend for a just performance of 
 that which they are required to do, if the great princi- 
 ple of religion be thrown aside ? These are temporal 
 considerations ; but even in this view of the case, can 
 there be any doubt that this blasphemous book the 
 great object of which is to lay the axe to the root of re* 
 ligion to expel it entirely from our minds to per- 
 suade us that the whole of it is a fiction to bring into 
 disrepute that by which we are to be guided, and by 
 means of which we hope finally to prevail in another 
 and a better world can there be any doubt of its per- 
 nicious tendency ? 
 
 What have we to expect, if those long-established 
 feelings and principles be removed from the minds and 
 the hearts of men ? What reliance have I to receive 
 from you, Gentlemen of the Jury, as I know I shall, 
 an honest verdict on the evidence which will be laid 
 before you ? On what were you sworn that you would 
 act conscientiously ? To what were you referred when 
 you swore that you would return a true verdict, " so 
 help you God?" You swore on that holy work which 
 the author of this impious pamphlet holds up as a 
 
howl and an impost tire that holy work which, lor 
 'ie object of veneration. What reason 
 have you to helie\ethat the witnesses wiii -p ak the 
 truth, except from the opt ration of tin ;>m 
 
 principles which 1 h;r !>edtoyou? On 
 
 w hat are they sworn ? Are they not also sworn on 
 that sacred volume, which the author of this vile pub- 
 lication ha- dr-i^nated a the wicked imention of 
 men ? What hold have you or I, Gentlemen (I speak it 
 without the possibility of its being taken in any impro- 
 per sense) what hold, I ask, have we, on the mind of 
 hi- Lordship, that he will deal the law with strict jus- 
 tice? that he will administer it with uprightness and 
 impartiality ? What security has the Defendant him- 
 self that pure justice will be rendered to him on his 
 trial, except the oath of his Lordship, which binds him 
 " to administer impartial justice between those who 
 prosecute, and those whose conduct is brought before 
 the Court?" If I were asked, whether /believed 
 that there are greater ties on his Lordship than his oath 
 of office ? I would, without hesitation, answer, that 
 there are ties on which I could fully rely, if he had 
 never taken that oath ; but why could I place this re- 
 liance on them ? because, from our holy religion, his 
 Lordship has imbibed such pure sentiments of truth 
 and justice, as would direct him, independent of the 
 obligation of an oath, to administer the law with un- 
 J Jut what hold could I possibly have 
 on h I hip'- mind, if I were not assured that h 
 was fully convinced of the great truth of that religion, 
 which is now sought to be held up to the contempt of 
 mankind ? These arc advantages, which, in temporal 
 affairs, we find to result from a due observnn 
 
 but then- Bl r con-frjurncea of fctill 
 
10 
 
 greater moment our civil and religious constitution 
 are so closely interwoven together, that they cannot be 
 separated the attempt to destroy either is fraught 
 with ruin to the state. 
 
 When any individual assumes a situation of trust 
 or power in the government, the constitution pre- 
 scribes an oath, which obligation at once 'refers the 
 party to certain religious duties, and binds him to the 
 proper execution of those of a civil nature. It fs evi- 
 dently with a reference to these religious duties, that 
 lie undertakes the performance of a civil office that 
 oath is on the holy gospels of God, that he will exe- 
 cute,, truly and faithfully, the duties allotted to him 
 from this obligation not even the monarch is exempted. 
 
 We are now proceeding against the Defendant, by a 
 prosecution which calls on him to answer criminally 
 in a civil court, for the act which he has committed 
 for an offence as serious to the well-being of society 5 
 as any that can possibly be imagined; for it seems 
 most evident, that if men lose the reverence which 
 they owe to, and. I believe, with very few exceptions, 
 all men in this country feel for, the established religion, 
 no effectual tie, no controlling check on their conduct 
 remains. You, Gentlemen of the Jury, have too much 
 sense and too much experience in the ways of the world, 
 not to-know that ifyou dismissed from human nature all 
 iear except that of temporal punishment for any wick- 
 ed act wjiich is contemplated, bad men would be let 
 loose on society, and the evils which must result would 
 be more numerous and more dreadful than I can now 
 mention ! I am aware that the fear of punishment 
 would operate in a certain degree but not so power- 
 fully as that strong conviction, that we are answerable 
 tercafter for the conduct we pursue here and that, in 
 
11 
 
 proportion as it is good and commendable, or base and 
 vicious, we shall receive reward or punishment thi 
 is the feeling which arts on all Christians ; and I am 
 :it there are very few persons in (his munti\. 
 u ho do not subscribe (o this principle. What then i 
 nee of him who seeks to sap and undermine it ? 
 Ought not he, who wishes to remove from society that 
 \\iiich best unites it together, be called on to an-' 
 fur so foul a crime ? 
 
 What I have stated is sufficient to convince you, and 
 I am sure I need say nothing to convince his Lordship, 
 that it is an infraction of the law; because 1 have 
 shewn, that the doctrines which the Defendant has 
 promulgated, are destructive of the peace of society, 
 and subversive of the comfort and happiness of every 
 individual composing it. Still, however, it may notbc 
 improper to state, briefly, what the law is on the sub- 
 . and how offences of this kind have been treated 
 by the highest and most celebrated judicial authorities. 
 If 1 were to refer to the text writers, I would find, 
 that blasphemies against God or religion were ranked 
 amongst the greatest crimes men could commit, and as 
 such, were severely punishable. 
 
 In former times. 1 learn, that defendants, like him 
 before the Court this day, have been called to answer, 
 in courts of justice, for their delinquency. Of this de- 
 scription is the case of Taylor, tried l>efore Lord 
 Chief Justice Hale ; and I am extremely glad to ha\f 
 it iu my power to cite a case decided in his time, for 
 a wiser man, a better lawyer, or one who had a 
 greater re-pei-t for the rights and liberties of the sub- 
 ject, this country never produced; therefore, 1 am re- 
 joiced that 1 can refer to hi* high judictulanthrity. 
 
 Taylor'* case, to which I have alluded, is to h 
 
12 
 
 found in 1st Vcntris, p. 293. It there appears, that 
 the Attorney-general had filed an information against 
 the Defendant for an offence far short of that commit- 
 ted by the present Defendant. Taylor was prosecuted 
 for words spoken ; not for a libel the effect of which 
 must be more dangerous, as its dissemination must be 
 infinitely greater. He was proceeded against for ut- 
 tering divers blasphemous and impious expressions, 
 horrible to hear he asserted that Jesus Christ was a 
 bastard and a whore-master and that for himself, he 
 feared neither God nor the Devil. On the trial he 
 denied that he had called our Saviour a bastard, but 
 admitted the rest of the expressions; Which, however, 
 lie said, he had used in a sense different from that in 
 which they were usually received. His having called 
 Christ a whore-master referred, he observed, to his 
 being master of the whore, of Babylon ; and the other 
 expressions he endeavoured to explain by similar eva- 
 sions. But on the evidence which was produced 
 against him, he was found guilty ; and Lord Hale, in 
 observing on the case, thus expressed himself: " such 
 kinds of wicked and blasphemous words are not only 
 a crime against the laws and religion, but against the 
 state and government of the kingdom, and, therefore, 
 punishable in this Court. For, to say that religion 
 is a cheat, is to destroy the frame of society ; and the 
 Christian religion, being a part of the constitution, to 
 say that it is an imposture, is to speak against the laws 
 of the land." These are the words of Lord Hale, in 
 a case far less touching the peace and happiness of so- 
 ciety, as I will prove to you, than the present. 
 
 In the time of his late Majesty King George the 
 Second, another case occurred, that of the King versus 
 Wookton, which is reported in 2nd Strange, p. 832 
 
i-3 
 
 The Defendant was convicted on four informations, 
 'laving uttered blasphemous discourses against our 
 tour. Ho, however, moved for a rule to shetr 
 a new trial should not be granted ; but the 
 refused the application. They would not suf- 
 fi-i-it to be debated, whether the making use of blas- 
 phemous expressions was not a crime- acting on the 
 same doctrine as had been laid down in Ffntris. lit 
 their decision they laid great stress on the word genc- 
 raUy, as applied to blasphemous discourses. They 
 meant not, however, and they so expressed them- 
 selves, that the law should extend to disputes between 
 learned men, on controverted points of religion. The 
 Defendant Woolston was ultimately punished by fine. 
 Lord Raymond was then Chief-justice, and Sir Philip 
 Yorke, afterwards Lord Hardwicke, Attorney -gene- 
 ral. Such were the doctrines laid down by those 
 learned persons in those times. 
 
 In the last report which I have cited, I am glad to 
 find the doctrine so clearly stated. The Court desire 
 it to be understood, that they proceeded not against a 
 man, who. arguing on points arising from a particular 
 interpretation of disputed passages in the scripture*, 
 had put a meaning on them, not compatible with the 
 t rules of our stricter divines. It was not on such 
 an occasion that such a decision would have been 
 given, or such a punishment inflicted. 
 
 Let us, as far as is consistent with the safety of soci- 
 ety, support a free press open to discussions on mo- 
 ral, on philosophical, on political, and on religious 
 subjects. As far as is compatible with public safety, I 
 am the first man to maintain that no clog should be 
 placed on the freedom of the press ; but the publica- 
 tion which the Defendant has sent forth cannot be 
 
14 
 
 tolerated, for it goes to destroy that social system, to 
 the support of which all publications should be direct- 
 ed. Let the discussion of controverted points be 
 fairly admitted ; but let none dare to put the axe to 
 the root of the tree, and, having subverted it, leave us 
 without any hope of happiness here, or prospect of 
 felicity hereafter ! 
 
 I have thought it proper to state these general ob- 
 servations to you, comprising an account of the nature 
 of the book, and of the law as relating to the offence, 
 before I read to you the passages themselves on which 
 the information is founded ; in truth, it is a most dis- 
 agreeable task, and I wish to be spared so irksome a 
 duty I would not permit my learned friend to read 
 them, for I thought once was more than enough for 
 them to be heard, if it could be avoided. When 1 sta- 
 ted to you the doctrines which were laid down from 
 the Bench, in thevases which I cited, I should have 
 observed, that the same principles were supported by 
 a learned judge (Lord Kenyon), whom many of you 
 must recollect with reverence and respect, who some 
 years since sat in the place now occupied by his 
 Lordship. It happened that a book, which bore the 
 name of the same author that is prefixed to this pub- 
 lication, which, in fact, purported to be a former part 
 of Mr. Pa'ine's Age of Reason, was published by a man 
 of the name of Williams ; against this man, who was 
 hardy enough to disseminate a work, containing not 
 exactly the same, but doctrines similar to those advo- 
 cated in the present pamphlet, a prosecution was in- 
 stituted : the case was tried before Lord Kenyon, who, 
 in laying down the law, adhered to the principles pro- 
 mulgated by Lord Hale and Lord Raymond, at dif- 
 ferent periods, and supported their view of the law 
 
15 
 
 l)v his on n great authority. He stated, Gentlemen, 
 that it could not be doubted that offences of this kind 
 wore cognisable in civil courts of justice ; it being of 
 primary importance? to the peace and welfare of the 
 country, that, when men were bold enough to dissemi- 
 nate principles dangerous to the safety of the state, 
 they should be amenable to the outraged laws of their 
 country. 
 
 Gentlemen It may be alleged by the Defendant 
 that he is not the author of the book in question. Who 
 il!> the author 1 know not it bears the name of 
 the late Thomas Paine but this I do know, that nheu 
 the Defendant published it to the world, he was per- 
 fectly conversant with its contents; and stated, that he 
 u.^ at the pains and expense of importing it he 
 described the nature of the pamphlet, and quoted a 
 passage to prove that it had proceeded from the pen 
 of that roost mischievous writer, w4iom I have just 
 named; therefore, he cannot say, that he does not 
 participate in the guilt of the author that poison, 
 which grew in another country, he imported and dis- 
 seminated here! I have troubled you, perhaps, too 
 much at length, on this subject ; but I feel desirous 
 that it should be generally known and understood, 
 that no doubt should remain in the mind of any person, 
 that those who send forth to the public works of this 
 pernicious description, are amenable to the laws of 
 this country, and have always been so. Indeed I 
 might have gone farther it would be no difficult 
 thing for me to shew, that in all civilized states, those 
 who wrote against the established religion, have been 
 considered deserving of punishment. 
 
 I shall now proceed to read to you, those passages 
 which have been selected as tho object and foundation 
 
16 
 
 of this prosecution ; and jet, as they must be read by 
 the proper officer, and as, in the course of my state- 
 ment, T have fully described the publication, my bet- 
 ter counsel directs me to abstain, and to content my- 
 self with repeating one passage from the last page of 
 the work it is the inference which the Author means 
 to draw, and the deduction which he wishes to impress 
 on the minds of his readers" The priests (he says) 
 " of the present day profess to believe it [the Christian 
 religion] They gain their living by it, and they de- 
 claim against something they call infidelity. 1 will de- 
 fine what it is He that believes in the start/ of Christ 
 is an infidel to God" 
 
 Mr. Henri/ Bell Raven was then sworn, and exa- 
 mined by Mr. Garrow. 
 
 Question. What is your name ? Answer. Henry 
 Bell Raven. 
 
 Q. Did you, on the 19th of October, go to a shop 
 in Ave-Maria-Lane, professed to be kept by the De- 
 fendant ?~ A. No ; I went on the 18th of October. 
 
 Q. When you first went into that shop, whom did 
 you find serving in it ? A. I found a young woman, 
 behind the counter, folding sheets. 
 
 Q. Had you any previous information that the 
 book in question was for sale at that place ? A. I 
 had. 
 
 Q. Did you ask for a copy of it ? A. I did. 
 
 Q. Was a copy delivered to you, by the young 
 woman who was serving in the shop ? - A. There 
 wag. 
 
 Q. Js that the book in your hand ?^. It is. 
 
 Q. Did you seal and mark it, that you might know it. 
 again ? A. I did. 
 
 Q. While you were in the shop, did the Defendant 
 
17 
 
 JEaton, come in ? A. He did, while the young wo- 
 man was folding the book in paper. 
 
 Q. Had vou any conversation, with the Defendant 
 on tin* subject of the work ? A. \ enquired of him, 
 how he knew it was Tom Paine's writing ? observing 
 that Paine had been dead some time. The Defendant 
 answered, I might rely on it that it wasPaine's writing, 
 as he had himself taken the trouble of procuring a 
 printed copy of the work from Mr. Duane, the Editor 
 of the Aurora, at Philadelphia. The Defendant also 
 said, that, by turning to a passage in page 89 of the 
 work, I might be convinced that the book was Paine's 
 writing. 
 
 Q. Do you mean that he turned over the book, and 
 pointed out the passage ? A. Yes; he turned to the 
 page, and pointed it out. 
 
 Q. Did you pay for the book ? A. Yes ; I paid the 
 shopwoman. 
 
 ( v >. Before the Defendant came in? A. Immediate- 
 ly before. 
 
 Q. Did you, in his presence, take away the book 
 which had been put up for you by the young woman ? 
 A. Idid. 
 
 llepeat the passage which the Defendant pointed 
 out to you." He that believes in the story of Christ 
 is an infidel to God." 
 
 Q. Is it the same passage with which Mr. Attorney- 
 general concluded ? A. It is. 
 
 l/V. Garros?. Deliver in the book. Probably your 
 Lordship would intimate to the Defendant that if he 
 has any questions to ask the witness, this is hit 
 time. 
 
 Lord IWn'bnrough. Defendant: rlo you wish to 
 put any questions to the witm 
 
18 
 
 Mr. Eaton. No, my Lord. 
 
 Mr. Loxtcn then proceeded to read the title page, 
 viz. " The Age of Reason ; part the third ; being an 
 examination of the passages in the New Testament, 
 quoted from the Old, and called prophecies concerning 
 Jesus Christ. To which is prefixed an Essay on 
 Dream, shewing by what operation of the mind a 
 dream is produced in sleep, and applying the same to 
 the account of dreams in the New Testament. With 
 an Appendix, containing my private thoughts of a fu- 
 ture state ; and remarks on the contradictory doctrine 
 in the books of Matthew and Mark" 
 
 Lord Ellenboroifgh.'Tlns is not charged in the de- 
 claration. It can only therefore be read for the pur- 
 pose of showing the quo animo. 
 
 The Attorney-general. I have directed it to be 
 read, because it states that the work is published in 
 London, by the Defendant Daniel Isaac Eaton ; and 
 also, as your Lordshfp observes > to prove the quo 
 animo. 
 
 Mr. Lozcten then proceeded " By Thomas Paine, 
 Author of the works entitled Common Sense, Rights 
 of Man, part first and second, and Dissertations on 
 First Principles of Government. London: printed, 
 published, and sold, by Daniel Isaac Eaton, at theRa- 
 tiocinatory, or Magazine for Truth and Good Sense, 
 No. 3, A ve-Maria-Lane, Ludgate Street. 1811. Price 
 Three Shillings." 
 
 Next followed the passages selected from the work. 
 
 Page 35. " But the case is, that people have been so 
 long in the habit of reading the book called the Bible 
 and Testament, with their eyes shut, and their senses 
 locked up, that the most stupid inconsistencies have 
 passed on them for truth, and imposition for prophecy. 
 
10 
 
 The all- \\itc Creator hath been dishonoured In being 
 made the author oCfuhlf^ and the human mind degrad- 
 -d l)\ believii;. 
 
 1 1 . For my own part, 1 do not believe there 
 is one word of historical truth in the whole book. 1 
 look upon it at best to be a romance ; the principal 
 -e ui'\\ hich is an imaginary or allegorical cha- 
 racter, founded upon some tale, and in which the moral 
 i* in many parts good, and the narrative part very bad- 
 
 .id blunderingly written." 
 
 , 43. " 1 forbear making any remark on this 
 abominable imposition of Matthew. The thing gla- 
 ringly speaks for itpelf. It is priests and commcnta- 
 
 that 1 rather ought to censure for having preached 
 falsehood so long, and kept people in darkness with 
 
 ect to those impositions. 1 am not contending 
 with these men upon points of doctrine, for 1 know 
 that sophistry has always a city of refuge. 1 am 
 speaking of facts ; for wherever the thing called a 
 fact i*a t*il-"hood, the faith founded on it i- delusion, 
 and the doctrine raised upon it. not true. Oh ! reader, 
 put thy trust in thy Creator, and tliou will be safe ; but 
 if thou tin-test to the book called the scriptures, them 
 trustest to the rotten staff of fable and falsehood/ 1 
 
 Page 67. " I have now, reader, gone through and 
 examined all the passages which the four books of 
 Matthew, Mark, Luke, and John, quoted from the 
 Old Testament, and call them prophecies of Jesus 
 Christ. When 1 first sat down to this examination, 
 I expected to find cause for some censure ; but little did 
 I expect to find them o utterly destitute of truth, and 
 of all pretensions to it, as I have shewn them to be. 
 The practice which the writers of those books employ, 
 ;iot more false than it is absurd. They state some 
 
20 
 
 trifling case of the person they call Jesus Christ, sin A 
 then cut out a sentence from some passage of the Old, 
 Testament, and call it a prophecy of that case. But 
 when the words thus cut out are restored to the place 
 they are taken from, and read with the words before 
 and after them, they give the lie to the New Testa- 
 ment. A short instance or two of this will suffice for 
 the whole." 
 
 Pages 68 and 69. " These repeated forgeries and 
 falsifications create a well-founded suspicion, that all 
 the cases spoken of concerning the person called Jesus 
 Christ are made cases on purpose to lug in, and that 
 every clumsily, some broken sentences from the Old 
 Testament, and apply them as prophecies of those 
 cases ; and that so far from his being the son of God, 
 he did not exist even as a man that he is merely an 
 imaginary or allegorical character, as Apollo, Her- 
 cules, Jupiter, and all the deities of antiquity were. 
 There is no history, written at the time Jesus Christ 
 is said to have lived, that speaks of the existence of 
 such a person, even as a man. Did we find, in any 
 other book, pretending to give a system of religion, the 
 falsehoods, falsifications, contradictions, and absurdi- 
 ties, which are to be met with in almost every page of 
 the Old and New Testament, all the priests of the 
 present day, who supposed themselves capable, would 
 triumphantly shew their skill in criticism, and cry it 
 down as a most glaring imposition. But since the 
 books in question belong to their own trade and pro- 
 fession, they, or at least many of them, seek to stifle 
 every enquiry into them, and abuse those who have 
 the honesty and the courage to do it." 
 
 Page 71." They tell us that Jesus rose from the 
 dead, and ascended into heaven. It is very easy to 
 
-M 
 
 say so -a great lie is as easily told a? a little one. 
 But, if lie liad done so, those would have been the only 
 i instances respecting him. that would have differed 
 from tin? common lot of man ; and, consequently, the 
 only case that would apply exdu-ivrU to him, as pro- 
 phecy, would be some passage in the Old Testam- 
 
 told such things of him. But there is not a 
 passage in the Old Testament that speaks of a person 
 who, after being crucified, dead, and buried, should 
 rise from the dead, and ascend into heaven. Our 
 prophecy-mongers supply the silence the Old TV 
 nieiit guards upon such things, by telling us of passages 
 they call prophecies, and that falsely so, about Joseph's 
 dreams, old clothes, broken bones, and such like tri- 
 fling stuff." 
 
 Page 84." As to the New Testament, if it be 
 brought and tried by that standard which, as Middle- 
 ton wisely says, God has revealed to our senses, of 
 his almighty power and wisdom, in the creation and 
 government of the visible universe, it will be found 
 equally as false, paltry, and absurd, as the old." 
 
 Pages 88 and 89. "Now had the news of salvation 
 ( !i!i t been inscribed on the face of the sun 
 and the moon, in characters that all nations would 
 have understood, the whole earth had known it in 
 twenty-four hours, and all nations would have believed 
 it ; whereas, though it is now almost 2000 years since, 
 as they tell us, Christ came upon earth, not a twentieth 
 part of the people of the earth know any thing of it ; 
 and amon^ those who do, the wiser part do not be- 
 lieve it. I have now, reader, gone through all the 
 passages called prophecies of Jesus Christ, and shewn 
 there is no such thing. I have examined the story 
 told of Jesu> Christ, and compared the several cir- 
 
22 
 
 cumstances of it with that revelation, which, asMid- 
 dleton wisely says, God has made to us of his power 
 and wisdom in the structure of the universe, and by 
 which every thing ascribed to him is to be tried. The 
 result is, that the story of Christ has not one trait 
 either in its character, or in the means employed, 
 that bears the least resemblance to the power and 
 wisdom of God, as demonstrated in the creation of 
 the universe. All the means are human means, slow, 
 uncertain, and inadequate to the accomplishment of 
 the end prop osed, and therefore the whole is a fabu- 
 lous invention, and undeserving of credit. The 
 priests of the present day profess to believe it. They 
 gain their living by it, and they exclaim against some- 
 thing they call infidelity. I will define what it' is he 
 that believes in the story of Christ is an infidel to God" 
 
 The Attorney-general. That is the case for the 
 prosecution. 
 
 Lord Ellenborough. Daniel Isaac Eaton, the evi- 
 dence on the part of the prosecution being now 
 closed, it is incumbent on you to go into your de- 
 fence. 
 
 Mr. Eaton. My Lord, as 1 labour under a very 
 severe cold, 1 hope your Lordship will permit the 
 officer of the court to read this short address. 
 
 Lord Ellenborough. I think you speak sufficiently 
 audible to be heard by the Court proceed with it, 
 therefore, yourself; if it appear necessary, the officer 
 shall assist you. 
 
 Mr. Eaton then entered on his defence as fol- 
 lows : 
 
23 
 
 Mr. BATON'S DEFENCE. 
 
 Mv Lord, and Gentlemen of the Jury Neither 
 Providence nor education ha\e designed nie for an 
 orator; 1 have neither studied for the bar nor the 
 pulpit; kept my terms at any of the inns of court, nor 
 pursued my studies at either of the universities yet, 
 Gentlemen, I have received a good education, such as 
 to make me no disgrace to any society to which I may 
 belong. I received six years education at boarding- 
 school, and was then sent to St. Omer's, where Mr. 
 Burke received his education, at the Jesuit's College. 
 It being at that time dissolved, and the Jesuit's ba- 
 nished from France, I was under the order of Barbets, 
 n ho were as intolerant as any of the Jesuits. My 
 grandfather, who was against my being sent, as he was 
 fearful of my becoming a Roman Catholic, was ac- 
 quainted with a learned clergyman of the church of 
 England, and got him to send me a letter of advice on 
 that account, in which he counselled me to credit 
 nothing about their saints, nor to be infected by their 
 ceremonies ; saying, they were the priest's inventions 
 to delude the understanding of the people, and to 
 fascinate their minds. And, above all things, I was 
 desired to examine their doctrine by the Bible ; for, 
 if what they taught was not in the Bible, it was not 
 true. I therefore made it my study to examine the 
 Bible with their accounts of the saints ; in doing 
 which, 1 found the Bible so full of contradictions, and 
 so full of wonderful things, that it induced roc to ex- 
 amine this said ISible itself 
 
 Jxtrd Ellcnborough, Defendant, I must inform you 
 tbat this is not to be made use of as an opportunity 
 
M 
 
 for you to revile the Christian religion ; and, if you 
 persist in aspersing it, I will not only silence you, but 
 J will animadvert on your conduct as an offence, of the 
 grossest kind, against the dignity of the Court. 
 
 Mr. Eaton. My Lord, 1 have no intention what- 
 ever of giving offence. 
 
 Lord Ellenborough. If there is any thing in that 
 paper which will serve you, read it ; but 1 will not 
 suffer the Christian religion to be reviled, while 1 sit 
 in this court, and possess the power of preventing it. 
 
 Mr. Eaton. 1 believe there is nothing in what 
 follows that can offend any person. 
 
 The Defendant then proceeded to read. u Which 
 1 have accordingly done ; and now beg permission of 
 the Gentlemen of the Jury, to indulge me with a pa- 
 tient attention, as also my Lord, to the observations 
 1 have made upon it, as being relevant to my case 
 now in question. 
 
 " My Lord, and Gentlemen of the Jury 1 found 
 that the Jews had been driven away, like sheep, and 
 carried into bondage, eight or nine times, for the space? 
 altogether, of 8 or 900 years; and that when they 
 were taken captives to Babylon, where they were for 
 400 years or more, every fragment or memorial they 
 might have had remaining, after their former captivi- 
 ties, of the history, whether real or fabulous, of their na- 
 tion, was totally destroyed. 
 
 " I then found, that after the Babylonish captivity 
 it was re-instated again ; and it remains for us only to 
 take notice of the nature of that divine inspiration 
 with which those writings were composed, an account 
 of which we have in Esdras, chap. 14, as follows : 
 * And the next day, a voice called me, saying, Esdras, 
 open thy mouth, and drink that I give you to drink. 
 
Then opened I my mouth, and behold he reached me 
 a full cup, which was full as it were with water, but 
 the colour of it was like Gre. And I took it and 
 drank ; and when I had drunk of it, my heart uttered 
 understanding, and wisdom grew in my breast, for 
 my spirit strengthened my memory. And my mouth 
 was opened and shut no more. The highest gave un- 
 derstanding unto the five men, and they wrote the 
 >nsof the night that were told, which they knew 
 not. And they sat forty days; and they wrote in the 
 . and at night they ate bread. As for me, I spake 
 in the day, and I held not my tongue by night. In 
 forty days, they wrote two hundred and four books. 
 And it came to pass when the forty days were fulfilled, 
 that the highest spake, saying, the first that thou hast 
 written, publish openly, that the worthy and unworthy 
 may read it. But keep the seventy last that thou may- 
 OM deliver them only to such as are wise, among the 
 people. For in them is the spring of understanding, 
 the fountain of wisdom, and the stream of know lc 
 And 1 did so/ Can any one pretend to doubt the 
 holiness of books written in this manner? 
 
 " Being satisfied in my mind in respect of the reno- 
 wn and fresh compilation of the Bible (or Old Tes- 
 tament), 1 could the more easily account for thcmro/j- 
 ucics and errors 1 found throughout 
 
 Lord Ellenborough. 1 cannot perm it yon to proceed 
 thus; when you come to any ofl*n<ne expressions, 
 leave them out. If there is any tiling that can be use- 
 ful to you (which from the tenor of the address, 1 fear 
 there is not) the Court will hear it : but 1 can- 
 not allow you to go on in this strain of invec- 
 tive. 
 
 Eaton continued." J shall therefore take no 
 
26 
 
 notice of any of my juvenile remarks on the creation, 
 Noah's flood, &c. but proceed to Abraham, the foun- 
 der of the Jewish people. In the eleventh chapter of 
 Genesis, he is first mentioned as being the son of Te- 
 rah. J n the first verse of the twelfth chapter and fol- 
 lowing, it is said as follows : c Now the Lord had 
 said unto Abraham, get thee out of thy country, and 
 from thy kindred, and from thy father's house, unto a 
 land that 1 will show thee.' When, where, and how 
 the Lord commanded Abraham to do those things, Es- 
 drashas forgotten to inform us. In regard to his me- 
 rits as a patriarch, his falsehoods and prevarications are 
 lasting monuments with every considerate man. 
 With Isaac, Jacob, and their history, 1 do not wish to 
 take up the time or give trouble to the Court. They 
 are sublimely recorded in the holy book. It seems it 
 was to Abraham that a Messiah, or Christ (as our Bi- 
 bles have it) was promised. Let us examine, and if 
 possible discern the GOD, who is supposed to have 
 made this promise 
 
 Lord Ellenborough. You are evidently coming to. 
 something reprehensible, and it is necessary you should 
 be checked. 
 
 Mr. Eaton. My Lord, I have only two or three 
 sheets more to read. 
 
 Lord Ellenborough. It is not the length of the ad- 
 dress which constitutes the offence, but the matter of 
 which it is composed. It is shocking to me, and every 
 Christian present. 
 
 Mr. Eaton. When the address is heard out, it will 
 be found relevant to ray defence. 
 
 Lord Ellenborough. You must omit those passages 
 which cast any reflection on the scriptures. 
 
 Mr. Eaton proceeded, " For I cannot, nor ever 
 
 
27 
 
 could, perceive any, the smallest similarity, between 
 the God of the Jews and the God of the Clm 
 tians, as supposed to be worshipped in the present 
 day 
 
 Lord Ellenborough. You must see that this is unfit 
 for yourself to read, and for us to hear. If you go on 
 in this manner, I must order your address to be handed 
 in to the officer, and he, when reading it, must pause, 
 and omit every offensive sentence. 1 tell you 
 once more, that I will not permit the Christian reli- 
 gion to be reviled. Look a little at each passage be- 
 fore you read it, and do not insult tlio Court with offen- 
 sive matter. 
 
 Mr. Eaton continued the address." Throughout 
 the whole of the Jewish history, we find them worship- 
 ping various gods, till their return from their Baby- 
 lonish captivity, at which time they were as obstinate- 
 ly tenacious of the worship of one God ; therefore, 
 Abraham, as well as his successors, worshipped the 
 gods of their day, or any one of them, which they 
 chose. It appeared to me, and does so still, that Abra- 
 ham chose the god Mars the god of battles, the Lord 
 of Hosts, the vindictive god in short, the god of war, 
 whom his enthusiastic fancy occasioned him to imagine 
 had appeared to him, and made those promises, at 
 above : the which being told to his children and chil- 
 dren's children, and through all the tribes, became the 
 constant hope and firm belief of the whole Jewish na- 
 tion. Rut then the Messiah was to be after the man- 
 ner of the god who made the promise ; that is, a war- 
 rior, to conquer for them all the surrounding nations. 
 This god Mars, is represented by all the ancient pe- 
 as a Met ferocious being, who delighted in war and 
 massacre. Minerva, in Homer, calls him the hair- 
 
28 
 
 brained, furious. 1 , and murderous god, who indiscrimi- 
 nately slaughtered all he came near. And thus I ac- 
 count for all those murders, monstrous cruelties, and 
 barbarities of the Jews, especially while under the con- 
 duct and government of their priests who, from the 
 first of them to the last, constantly supported the cha- 
 racter of the god they worshipped, by the most enor- 
 mous crimes; an example of which I will here present 
 to you. It is the 31st chapter of Numbers, the Lord 
 commands Moses to avenge him of the Midianites ; Mo- 
 ses selects 12,000 men for this holy enterprise, and 
 puts a priest at their head. Thus consecrated, they 
 proceeded on the expedition, * and slew all the males, 
 and took all the women of Midian prisoners or cap- 
 tives, with their little ones ;' burnt and plundered the 
 whole country, and carried off the booty to their 
 camp. This exploit did not please or satisfy this 
 merciless and furious deity, nor his deputy. Mo- 
 
 US ' """"" 
 
 Lord Ellewborouwh. I see that I shall be obliged to 
 
 O c5 
 
 do as I have said, and exclude you from reading any 
 more. Even in afli davits, on occasions of much less 
 importance, where there is impertinent matter intro- 
 duced, the Court will not permit it to be read; much 
 less will they suffer such grievous and abusive observa- 
 tions on the scriptures. 
 
 Mr. Eaton I do not hear what your Lordship 
 says. 
 
 Lord Ellenboroitgh. T speak clearly and distinctly ; 
 I say, if that paper contains more matter, so highly de- 
 famatory of the Christian religion aswhatyou have al- 
 ready recited, I will prevent you from reading farther, 
 and will restrain you to a parole defence ; for that ad- 
 dress appears to be most mischievous. 
 
29 
 
 ^ hat your Lordship objects to i> 
 
 h. 
 
 Lor' L r /f. Then luavoit out ; read 
 
 paper, and mark out are i in pro- 
 
 / ! sat down for the purpose of look- 
 
 address; whrn 
 
 / 1 \\ ill not give much 
 
 time, lor that juijti i i-> not drawn up like a defence; 
 it is framed a- an insult to the < < v down your 
 
 paper, which does not bear any semblance to a defence*, 
 and address the Court, if vou please. 
 
 m. I conceive every part of this paper as 
 
 rough. It forms part of your offence 
 ulilic ; but I see nothing in it like a efe- 
 
 
 Lord, the whole of it i in reference 
 to my <-' 
 
 / //. It i- in further evidence of your 
 
 i nnno. And. is it to be endured, that 
 
 lor a ci uld stand up in open 
 
 Court, and add to IIH former delinquency ? Is there 
 
 at can assist you in that paper? If there 
 
 is, l! uill hear it 
 
 '/i. My Lord, in my defence, I must ne- 
 cessarily say something about r 
 Lor< ' B*tj ii must not defame it. 
 
 so. 
 
 Ijord FMcnboruu^h. Then road only that u hit h i~ 
 >d respocttul 
 
 n. What I wish hereto prove i-, that our 
 J was not the God of the Jews our's is a merciful 
 
 of the J( 
 
 
 
30 
 
 God, and therefore could not Lave been the God of the 
 Jews. 
 
 Lot'dEHenborough. On consideration, I believe the 
 public will be better served by permitting every word 
 to be read by you ; and, of course, you will abide 
 the consequences. Begin your address over again, if 
 you please do not miss a syllable I am sure the 
 country will not be injured by it. 
 
 Mr. Eaton. I do not desire to begin it again. 
 
 Lord Ellcnboroygh.Go on, go on, straight for- 
 ward. 
 
 Mr. Eaton then proceeded without farther interrup- 
 tion " For on their arrival in the camp, Moses was 
 wroth with the officers of the host, because they saved 
 all the women alive. He therefore, in the name of 
 their god, issued the atrocious order to kill every 
 male among the little ones (although all the males 
 were killed before), and to kill every woman that had 
 Jain with a man. But the maids they might retain. 
 No history can furnish a parallel by the greatest tyrant 
 that ever lived. Yet this is what is called by Bishop 
 Watson good policy, combined with mercy. Many, 
 very many, more such narratives might be produced, 
 and of their having forced their prisoners to the most 
 cruel deaths, as passing through burning brick-kiln^. 
 &c. But I want not to detain you upon this subject, but 
 only to infer, that a merciless god cannot be the God of 
 mercies, and consequently is not the God of the Chris- 
 tians. Now if the Messiah (or Christ) was to be theson 
 of God, he must be the son of this God, and therefore 
 we not believing in Mars the father, it cannot reason- 
 ably be expected we should believe in (Messiah) his 
 Son. The relevancy to the. present business is the 
 concjusion to be drawn from the above, and that is, if 
 
31 
 
 there. is no foundation for such a god as Mar-,, ti. 
 cannot benny for tin Messiah, hi- son. 
 
 My Lord, and (ientienien of the Jury I f 
 llthat i I ha\r 1 'hat 
 
 inliuinaii (iod of the Jeffs is not. nor can possibly 
 ; of the I 'hn.Mian*. 1 uill naw p roceed to 
 Chri't \\ 1 to be any 
 
 thing but a man, lor t\\o or thrc e centuries aliei 
 death, .md tliat not till the KomMi ic i 
 vices, was e into the sect of Clu i-nans; and 
 
 ligion became the orthodox or predominant 
 ..forced the divinity of Chri.-t. a< \\t 
 the incarnation and transubstantiatJon, upon the world. 
 Smpportud by weak emperors, they -j tared neither the 
 sword, nor tin-, nor faggot, to make it go down, and 
 u Inch they have continued till within the last centi. 
 It i- acknowledged by all the ancient fathers of the 
 lunch, that, from the very first separation of the disci- 
 
 ^tions, and srhi>ms arose amonir tl; 
 which t<> me appears impossible to have happened a 
 < 1 r was A god, or even believed to be the son 
 ofG i taint v ofhU divinity 
 
 .Id have held them in unity but so it happen- 
 up a system of his own, and had writings 
 called e\:iiiir ( li.al, of his own creed, or what he was 
 1 to record as the words of his ma-ter . hut all of 
 
 tin-in iuiopted the name of Christians, and were equal- 
 1\ i: 1 in the glory of their founder, and most of 
 
 the chiefs or leaders of the sects had known and 
 Jesus Christ. Now among tho** ancient minuses, 
 there were many who made pi and looked upon 
 
 as false, the doctrine which \\" lind i- taught in tli 
 
 with us at pres< 
 the traditioiib which ihey left, aj 
 
32 
 
 those wliich we have read in our holy scriptures. la 
 proof of which) I will fgive you the following very 
 short account, and will defy its being controverted. 
 
 " 1st. The Gnostics, who were so ancient as to be be- 
 lieved by the first fathers to be known to St. Paul, 
 agree one and all in denying what St. John says, that 
 the word became flesh. They say that God or Christ 
 appeared upon earth without incarnation, without be- 
 ing born of a virgin, without having any body but in 
 appearance, without any real suffering, and conse- 
 quently without any resurrection.* 
 
 " 2nd. Cerinthus was of the same opinion ; and 
 maintained that it was impossible that he could be 
 born of a virgin. They did not doubt that Joseph was 
 his real father ; they denied the resurrection of Jesus 
 Christ, and said he would only rise at the general re- 
 surrection with the rest of mankind. t 
 
 "3rd. The Ebionites most firmly believed that 
 Joseph was the real father of Christ. : 
 
 " 4th. Symmaticus, who embraced that sect, wrote 
 against the genealogy which St. Matthew has given 
 of Jesus Christ. Basilide said, that Jesus was not 
 incarnated, but was only covered with the appearance 
 of man ; that at the time of the passion he had taken 
 the appearance of St. Simon the Cirenian, and gave 
 him his.^ 
 
 " 5th. The Carpocratians || believed that Jesus Christ 
 
 * TiHeraont, vol. ii. p. 5. 
 
 f St. Ireneus, book 1, chap. 26, Xo . 1, pp. 11. St. Epipha- 
 nius, bora. 28, page 110. 
 
 $ *f iflemont. vol. iv. page 108. 
 
 ^/Tillemont, vol. ii. page 221. Epiphanius, hom. 24, p. 70, 
 71. Theodoret. Heriticorum Fabularum, book 1, page 195. 
 
 D Tillemont, vol. ii. p, 257. Ireneus, book l,chap. 25. 
 
M 
 
 was got by Joseph, and that be was like other 
 
 M auioiu; them made no scruple of saying, they 
 nipsrifcri him in goodnen, and ,t thej sur- 
 
 passed him. They did not admit of the resurrection of 
 Mw body. 
 
 b. The Cainists,* conformable in these respect* 
 to the opinion* of the others, spoke also of the bw of 
 Moses with the utmost contempt: they assured us, 
 that it hadfora fiiM principle a bad intelligence, and 
 they did not believe Jesus Christ came to accomplish 
 any thing, but was merely a nan of great virtue and 
 goodness. 
 
 " 7th. Marciont taught that our evangelists were full 
 rf falsehoods and that they the Marcionists were more 
 perfect and true than those who had left us in their 
 writings, the history of Jesw Christ. Semffipfum 
 trmriorem qmam tmrf hi qui hadidcnmt eraiige 
 apostoli) sttasit disci putts guts / non cwmgclium ttdevan- 
 gelii partictihim tradens cis. In this manner speaks St. 
 i renews, vol. i. p. 306. 
 
 "8th. The Aloges,$ Theodores, and Theodotian% 
 rejected with contempt the evangelists, particularly 
 hn ; they spoke of them as a work of lies. 
 ih. The Valenttnians' evangelical writings were 
 rj\iite different from those we have at present. Ut nee 
 *TOH*elhim qvideni sit npudeos sine blasphemi*, says St 
 Jronous book 3, chap. 1 1, p. 192. 
 
 'In short, the ancient Christians'roaintained that the 
 
 lists (that i*. the sacred \vritings) ought to be 
 
 n corrected and revised. Sc etse cmtndatorn aposlolo- 
 
 t Tiflcmont, M.| 
 
 t- Epiphantus, horn. 42, p. 309. 
 
 turnout, vol. ii. p. 438. B -liuf, bom. 34. p. 479 
 
 and 463, No. , p. 4 
 
34 
 
 mm. It is in this manner St. Ireneus speaks of them, 
 book 3, p. 171. 
 
 " Behold here, Gentlemen ofthe Jury, a prodigious 
 number of the first Christians, who declare, that what 
 is in our evangelists is contrary to historical truth, and 
 who combat and oppose, among other articles, the 
 two most capital points of the Catholic faith that 
 Jesus Christ was born in a different manner, or by dif- 
 ferent means, from the rest of mankind ; and that he 
 was raised from the dead, or the resurrrection. 
 
 " Gentlemen You will please to remark, that those 
 witnesses, who declare against the creeds and belief 
 ofthe present day (or as we at present are instructed 
 to believe) were either contemporary with the apos- 
 tles, as the Gnostics, -the Essenians, the Ebionites> 
 and Cerinthians, or had their history of Jesus Christ, 
 from those who bad been perfectly instructed. For 
 Basilide,* had for his master or instructor Glaucia, 
 the disciple and interpreter of St. Peter ; and 
 Valentine had been brought up by Theodat, the dis- 
 ciple of St. Paul. 
 
 "Another very considerable difficulty occurs against 
 our evangelists, which is that our most ancient fa- 
 thers even among the ruling sect, never knew, or 
 heard, of the four scriptures or evangelists that 
 remain among us Christians ; whilst they cite fre- 
 quently, and with the greatest belief and entire con- 
 fidence, the apocryphal books as their greatest proofs 
 and authority. 
 
 "Note, Gentlemen of the Jury, that every book, 
 writing, or tradition, that did not square or agree with 
 the system of religion which the orthodox (the Roma 
 
 * St. Clement of Alexandria, lioyk 7. p. 161/ 
 
* re then forming, were deemed apocry- 
 phal : tl; 
 
 entlemen of the Jurv Tearful of oft'endingyou, 
 at likewise uiy Lord Ellenborotigh, by detaining; von 
 longer, I will now decline any further proof of the in- 
 vjii be faveiMfegfelists, Matthew, Mark, I.;. 
 
 iindJohn: as 1 think, and with the greatest sincerity 
 hope, I have said already enough to convince \ 
 that they were imposed upon us, in tint \\ \\n* of Ba- 
 bylon (as she is called) the church of Umm -. How* 
 ever, I * ill just state by what further < -\ idenci- J could 
 prove their invalidity by St. ('lenient of Alexandi i i 
 
 >sion, an author of the second century ; by 
 M. : by Eusebius; by St. Jerome, and 
 
 lather of the church till Justin Martyr, who was tl.- 
 fit8tth.it mentions them. From Justin, till the tinx 1 
 of St. Clement, liny were cited, or spoke of, with 
 
 At length U-ing properly purged, to the lik 
 of the orthodox, they totally expelled and eclipsed tho 
 others; not but there were some who in succeedm- 
 
 placed their confidence in them. 
 u It i* a thing worthy of remark and great attention, 
 that although the first fathers of the church make fre- 
 quent use and mention of the (now called) false c\ 
 geiists, never did any of them once mention those 
 uluch remain with us. Matthew, Mark, Luke, and 
 .Inlm, arc m-ither cited by St. Uarnaby, nor by St. Cle- 
 v St. Ignatius, nor in short by any of the 
 writers of the iirst centuries. St. Justin is the first 
 \v lio hud any knowledge of those writings : :iml it also 
 i a remarkable circumstance, that the silence which 
 fiiu learned Dr. Dodu ell has observed to have kept 
 on this subject (in his Treatise on St. Ircneus, p. < 
 u a still greater proof against the antiquity of tho 
 
3G 
 
 evangelists which we now have, and that the fathers 
 only knew and quoted others which the contempt of 
 the succeeding ages has caused to disappear. 
 
 "Thus, my Lord, and Gentlemen of the Jury, I have 
 endeavoured to show, that the God which was wor- 
 shipped by the Jews, was not, nor could possibly be, 
 the God which we worship. The inference and con- 
 clusion whicU 1 draw is, that as the promises of a 
 Messiah, or Christ, came from this God, they can have 
 110 claim upon us whatever. 
 
 " In the next place, I have endeavoured to shew, 
 that the first Christians and fathers of the church only 
 looked upon Jesus Christ as an exceedingly virtuous 
 good man, but nothing supernatural or divine ; and 
 I will now state to you that Origen was very near los- 
 ing the honour of his saintship on account of his 
 believing Christ was only a man. And it appears 
 through all the Testament that he was esteemed a 
 mere man by his family and neighbours. 
 
 " I now come, Gentlemen, to the proofs (concerning 
 the evangelists Matthew, Mark, Luke and John) of 
 their being of modern date, and unknown to the first 
 Christians ; and in the Historia Chris titmorum ante Con~ 
 stantmnm, you will find that " they were four clerks, 
 scribes, or writers, that the cabal or party of the ortho- 
 dox put into the office, for attesting the different wri- 
 tings and traditions concerning Jesus Christ, and that 
 each had his name affixed to his writing when he had 
 done ; and that it was along time before they could 
 bring any into their belief, indeed not till the rest of 
 the writings were almost totally destroyed." In 
 hort, it is impossible to conceive they could have had 
 existence for two or three hundred years, and not be 
 quoted or known to any of the fathers or writers io 
 
that time, who must and did quote continually from 
 the others. 
 
 44 Any further attempt to argue tliis case, will, 
 I conceive, be superfluous ; I shall, therefore beg to 
 state what concerns the j <>n, and what was my 
 
 opinion of it when I received it. Having perused it, 
 nul it to my conception a veYy (air book as to lan- 
 guage, and no fairer book in arguing can possibly be ; 
 for it is only by comparison of one passage with ano- 
 ther, and then ascertaining the difference, shewing 
 its errors, its falsehoods, its misapplications, and i!> 
 erroneous conclusions which have been drawn. If 
 such is not fair argument, 1 know not what 
 far from the book being against religion, it in no part 
 indicates even a design of acting against any sect : it 
 only seeks to find the truth ; and religion is much bet- 
 ter secured with truth, than it can be, in the long 
 run, by error and falsehood. 
 
 " If priests are afraid of losing their good livings, by 
 errors, or wilful misconstructions being found out, I 
 would advise them to be the first to detect them ; then 
 they would have all the merit of it, and their occupation 
 and salary would still go on the same, and they would 
 have the satisfaction of deserving what they ei 
 Instead of preaching so as not to be understood, let 
 them preach moral and social duties to mankind, that 
 will make mankind better ; bat what is now called 
 preaching is little more in some places than lulling to 
 sleep, and in others it is either farcical or fanatical. 
 There are but few sermons of sound morality or social 
 du lies proaofcW tube r in town or country, which is 
 the c*u*e of the increase of Methodism, or of meet- 
 ing! being preferred to churches, for these, they say, 
 art the gospel preachers 
 
 F 
 
38 
 
 Mr. Eaton. That, my Lord, is the whole. 
 Lord Ellenborough. Will you call any witnesses ? 
 Mr. Eaton. No, my Lord. May I now address the 
 Jury ? 
 Lord Ellenborough. You may. 
 
 Mr. EATON's ADDRESS. 
 
 Mr. Eaton. Gentlemen of the Jury So far from 
 wishing, or harbouring any intention to offend the 
 laws of my country by this publication, I think it ne- 
 cessary to state, that it was handed about in London 
 four or five years before 1 had it from America ; and, 
 for six or seven years it had been in circulation over 
 that vast continent, where they are far more strict in 
 the observance of religious duties, than we are in this 
 country. So much so, that in many of the states they 
 will not permit an individual to travel on Sundays. I 
 myself have been stopped in the course of a journey, 
 and obliged to wait till after one o'clock, when divine 
 service was over. 
 
 If this work was allowed in a country so religious, 
 I thought we had a right to publish it here, as we 
 boast ourselves to be the freest and most liberal na- 
 tion on earth ; but I had not exposed this book for sale 
 three weeks nay, I believe, not three days, when 
 this information was filed against me. 
 
 I have already undergone six prosecutions I was 
 expatriated from my country for upwards of three 
 years, which I passed in America Two thousand eight 
 hundred pounds worth of my property was burnt 
 by order of Mr. White, solicitor to the treasury I have 
 had to pay 286 to save my furniture when seized on 
 1 have suffered fifteen months solitary imprisonment, 
 
aTulthen rrreivrd hi , ^urely, when 
 
 I have nurtured BO much, it must naturally be supposed 
 that I would not willingly have incurred fresh danger, 
 or done any thing to irritate the government of the 
 
 t r v . 
 
 11-iving already lost so much, it was more reasona- 
 ble to believe, that if any member of the legal pro- 
 fession had pointed out to me any thing in the pam- 
 which irulitated against the law, that 1 would 
 have desisted from publishing it. And, Gentlemen 
 of the Jury, I would enquire of your candour and 
 how I can fairlv be implicated in the crime 
 said to attach to the works of another person ? Here 
 also I beg leave to observe, that Mr. Paine says no- 
 thing whatever n^ain^t the Christian religion he only 
 cts to the historical parts of the scripture relative 
 to Christ 
 
 Now, Gentlemen, permit me to read one of the pas- 
 sages which has been selected from the work, and on 
 which great strati lia- lie-;i laid, as it forms one 
 of the counts of the information. If the author had 
 positively said, a- h;i< been argued, " that all the 
 cases spoken of concerning the person called Jesus 
 Christ are made cases, on purpose to lug in, and that 
 clnm-ily, some broken sentences from the Old 
 Testament, and apply them as prophecies of t! 
 cases ; and that so far from his being the son of God, he 
 did not exist even as a man, but i- an ima- 
 
 ginary or allegorical character' 1 I should deem him 
 a bad man, for asserting those things a- in nt. r of fact. 
 But that is not the case to understand this passage, 
 we must examine the context and what do we then 
 find? That 4fcfg ftpft 
 create a welt- founded sit , 
 
40 
 
 spoken of concerning the person called Jesus Christ, 
 are made cases" &c. It is not here affirmed that there 
 was DO Christ the author only speaks of certain cir- 
 cumstances as creating a suspicion on the subjectIt 
 is not advanced as a real fact ; and, throughout the 
 bookjvou cannot find a single word levelled at reli- 
 gion. 
 
 I have now explained the nature of the case as far 
 as respects myself; and, I can safely say, if 1 con- 
 ceived there had been any thing improper in the work, 
 1 would not have published it, or any part of it. But, 
 I think it extremely hard, when it has been printed 
 and disseminated among a people speaking our own 
 language, and who follow our religion far more strictly 
 than we do, without any attempt being made on the 
 part of the government to suppress it, that the moment 
 it is published here, a man should be liable to incur alj 
 the pains and penalties of the law. 
 
 As to blasphemy, I never was guilty of it if it could 
 be proved, that I ever spoke against the being or divi- 
 nity of God, then, indeed, I might be deemed a fit ob- 
 ject for punishment. I certainly am a friend to free and 
 fair discussion on religious topics, but not more so than 
 many eminent divines have been. In proof of this, I 
 request permission to read a passage from the works 
 of the celebrated Doctor Middleton, vol. ii. p. 312 and 
 313, Svo. edition. The Doctor, it appears, had found 
 fault with one of his contemporaries for what he con- 
 ceived to be a too free inquiry into certain articles of 
 faith, for which he seemed to think, the author de- 
 served punishment ; but this hasty sentence he after- 
 wards ingenuously retracted, in the following words 
 " 'Tisthenmy firm principle and persuasion (says this 
 excellent author), that a free inquiry into all points 
 
41 
 
 of religion is always useful and beneficial : and, for 
 that reason never to be punished or prohibited. It 
 opens the minds, and reforms the manners of the peo- 
 ple ; makes them reasonable, sociable, g;ovrniahle ; 
 *asy to such as differ from them, and ns little scanda- 
 lised at the different opinions, as the different com- 
 MOM of their neighbour ; whereas the restraint of 
 liberty, and the imposition of systems and arti* 
 t)>at iniM not be called in question, nourishes a churl- 
 spirit of bigotry, unchnritableness, enthu.-ia-m, 
 Mhuh no civil power can moderate . a spirit that has 
 so oft involved mankind in wars and bloodshed, and by 
 turns endangered the ruin of every Christian country 
 in the \\orld. If, therefore, in my argument against 
 Chri$tianity as old, Sfc. I am understood to recommend 
 or suggest, in any manner, the reasonableness of pun- 
 ishing the author, I disclaim and avow it, as contrary 
 to my intention and my principles. All such punish- 
 ment is against the interest of society, the interest 
 of truth, the interest of religion itself; which, as it 
 could not have been propagated at first but by a 
 liberty of th inJung, writing, preaching; so cannot be 
 preserved in it- purity, but by the very same means.** 
 Hereby this noble defence of religious liberty, in its 
 full extent, makes ample amends for the above men* 
 tioncd mistake, which the Doctor had committed. 
 I shall now, Gentlemen, leave my case in your hands. 
 -V/\ Eaton was then handing up twelve copies of 
 the publication to the jury-box, but was prevented by 
 tho Court ; and, on the suggestion of Mr. Garrow, 
 l.nr.i lilleuborough gave directions that they should 
 be taken by one of the officers. 
 
 'general. My Lord, I rise only to as- 
 sert my right to a reply; for it is impossible that I 
 
42 
 
 should give any consequence to that which has 
 fallen from the Defendant, by making any observations 
 on it. 
 
 Lord Ellenborough. Gentlemen of the Jury, npon 
 my word, considering whom I am addressing, twelve 
 Christian men, who have lately sworn on the holy 
 evangelists, it is scarcely necessary to make any obser- 
 vation on this case. To ask you, whether that which 
 has received the sanction of your oath has any validity 
 in it, would be as improper as it is uncalled for. Could 
 any person be weak enough, for a moment, to believe, 
 that this man has proved to your satisfaction and to 
 mine, as he has done me the honour to assert, that this 
 work is not only harmless but praiseworthy ? While he 
 was reading his address 1 felt more pain in the execu- 
 tion of my duty, than it is possible for me to express. 
 That paper, from the beginning to the end, was the 
 most opprobrious invective against what we have been 
 always accustomed to regard as holy and sacred the 
 religion of the country closely connected with the state. 
 
 Several cases have been cited to mark the greatness 
 of the offence. Lords Hale and Raymond have been 
 quoted ; and at a more recent period, Lord Kenyon, as 
 expressly stating that the Christian religion was the 
 law of the land, and must be protected as the law. 
 Beside the doctrine thus laid down, there are several 
 statutes on the subject, particularly one made in .the 
 reign of King William, by which the denying of the 
 Christian religion is punishable by severe penalties ; 
 and it is the humanity of those who prosecute, which 
 has induced them not to indict under that act, the pains 
 and penalties attached to which are much greater than 
 those of the common law. 
 
43 
 
 T need not ask you, Gentlemen, to devclope the 
 
 Defendant's meaning anil intention : on thnt subject 
 
 )n> has informed you himself, in coarser terms than 
 
 ii those made use of by the author; if, indeed, 
 
 any thing more coarse could fall from the pen of any 
 
 i. The whole object of the work is clearly sunum .1 
 
 up in the concluding sentence, which has been read 
 
 he Attorney-general, and which cannot leave a 
 
 doubt on your minds as to the pernicious tendeucy of 
 
 the publication. 
 
 The Defendant has told us, that tli \\mk was cur- 
 rent in America, and had not been \i>iied by any pro- 
 secution in that country. It is for them to administer 
 the affairs of religion, as a free state has a right to 
 but their conduct is not to influence us. And, in 
 a free country, where religion is fenced abon 
 laws, and where that religion depends on the do- 
 trines which are derived from the sacred writings, to 
 deny the truth of the book, which is the foundation of 
 '., has never been permitted. I am sure no impu- 
 nity will be given to such an offence by the verdict 
 you will return this day. Gentlemen, I leave it t< 
 you, as twelve Christian men, to decide whether thi< 
 is not a most blasphemous and impious libel. 
 
 The Attorney -general. I pray, my Lord, the Defcn- 
 tfant may not be suffered to leave the court. 
 
 Lord Ellenboroitgh.Lct the tipstaff see that the 
 Defendant does not quit the court. 
 
 The Jury returned a verdict of GUILTY! 
 
 The Attorney-general. 1 pray that the Defendant 
 may be committed. 
 
 Lard Mlenboroi/gh.Lct him be committed to 
 Newgate. 
 
44 
 Mr. EATON'S DEFENCE 
 
 CONCLUDED. 
 
 HAVING been unwell for some weeks, and obliged 
 to keep my bed for two days before, I nevertheless, 
 with difficulty, attended the trial, and made my de- 
 fence in the best manner I was capable ; and I believe 
 with that respect and deference, which is always due 
 to every court of justice. 
 
 It will appear by the trial, that Lord Ellenborougli 
 interrupted me almost the instant I began : J presume 
 it was for my good, lest I should improperly touch 
 upon our established religion ; for which attention 1 
 respectfully acknowledge myself obliged. I believe 
 through the whole of my defence there is nothing, 
 110 not a single word, disrespectful of the Christian 
 religion or any other ; for I respect every religion as 
 having some good moral arid social duties in its 
 principles, and therefore deserving of proportioned 
 reverence : and if I have spoken or inferred any thing 
 the reverse, it was totally contrary to my intention. 
 
 I believe it will appear, that the belief of the pri- 
 mitive Christians (quotations from whom I have 
 given), were the only arguments on which I rested my 
 defence : I made no comments nor any observations 
 of my own on any of them. 1 was in hopes of con- 
 vincing the Court and Jury, that the simplicity and 
 beauty of the primitive Christians, unadulterated by 
 popish mummery ', was, and is, the Christian religion 1 
 profess ; however, they have not received it in that 
 light, and I ani found guilty. 
 
In the course of my reading the quotation?, my Lord 
 Ellenborough interrupted me several tiroes, And de- 
 sired that I would omit such parts or passages as 1 
 thought might give offence. I complied with his 
 I -onUhip's desire, and acknowledge 1 left out much of 
 
 lefence, and more than I had need to have done, 
 
 : might have had some weight (if that was possible) 
 with my Jury. I say, if possible; for discrimination 
 is not to be expected in the mind of prejudice. 
 
 I now beg leave to give such further part of my 
 defence as cannot affect my cause or myself, and 
 which I was prevented giving in court owing to my ill- 
 ness; and shall begin with our modern divine-, phi- 
 losophers, and others, who have discussed or wrote 
 upon the Christian religion. 
 
 ullian gives the following most admirable 
 reasons for believing the great mysteriesof the Ch 
 tians, i. e. " The son of God is crucified : I am 
 ashamed of it, because it is shameful. And the son of 
 God died : it is altogether credible, because it is ab- 
 surd. He also rose from the grate : it is certain, be- 
 cause it is impossible." DC Came Christi, 5, p. 310. 
 
 ' are the reasons and foundation of the faith of the 
 first fathers of the church ; such must have been the opi- 
 nion which the great philosopher Sir Isaac Newton held 
 
 ndced he credited the stories told of Christ) : but 
 there is a distinction to be made between the per- 
 son himself and the stories which are told of him, 
 Which I believe was the case with Sir Isaac New- 
 ton, who in bis fourteenth chapter of Observa- 
 tions upon the Prophecies of Daniel, has collect- 
 ed, from the works of the fathers, a number of 
 erroneous doctrines, superstitious ceremonies, and 
 belief of false miracles, inculcated by these holy 
 
 G 
 
46 
 
 raen. He instances particularly the Gregorlo?, 
 Nyssin and Nezianzen, Cyprian, Jerom, Basil, Chry- 
 sostom, and Atbanasius. " The heathens (says Sir 
 Isaac) were delighted with the festivals of their Gods, 
 and unwilling to part with these delights; and there- 
 fore Gregory, to facilitate their conversion, instituted 
 annual festivals to the saints and martyrs. Hence it 
 came to pass, that for exploding the festivals of the 
 heathens, the principal festivals of the Christians suc- 
 ceeded in their room : as the keeping of Christmas with 
 joy and feasting, and playing and sports, in the room of 
 the bacchanalia and saturnalia, and keeping of festivals 
 to the Virgin Mary, John the Baptist, &c. By the plea- 
 sure of these festivals the Christians increased much in 
 number, and decreased as much in virtue. Athanasius, 
 who died in the year 373, wrote an oration upon the re- 
 liques of the forty martyrs at Antioch ; and when the 
 miracle-working bones of John the Baptist were carried 
 into Egypt, Athanasius hid them in a wall of a church, 
 that they might be profitable to future generations." 
 
 Chrysostom, in one of his sermons, exhorts to saint 
 worship : " Perhaps (says he) you are influenced with 
 no small love towards these martyrs ; therefore with 
 this ardour let us fall down before their reliques; let 
 us embrace their coffins, for the coffins of the martyrs 
 have great power," &c. In short our illustrious author 
 plainly proves, that many of the ridiculous idolatrous 
 doctrines and superstitious ceremonies now taught and 
 practised, were invented and greatly encouraged by 
 these fathers of the church ; and also that they indus- 
 triously propagated the belief of false miracles. 
 
 Some admirers of the fathers have been much dis- 
 pleased .with Sir Isaac Newton for exposing their su- 
 perstition, and perhaps something worse, as he has 
 
47 
 
 don*?, and have endeavoured to defend them ; but to 
 
 what purpose, those who have read the apologies and 
 
 the works of the fathers impartially, will be best 
 
 nhln to judge. However, it has been said by a certain 
 
 person, ' that h- never read an apology for the fathers, 
 
 kit oed his aversion fur them ;" and Archbi- 
 
 1 1 : 1 1 1 . ; n i letter to a learned friend, observed 
 
 to the same purpose ; adding, he really could not say, 
 
 i lings proceeded most from interest or 
 
 :om, who is of all the ancients the most es- 
 teemed for his learning and judgment, tells us many 
 
 iculous btories, as well as the rest ; and eii 
 these saints believed the miraculous stories they re- 
 lated, or they did not believe them : Ifthey did believe 
 them, they must have been some of the weakest and i 
 credulous of men : if they did not believe these things 
 which they reported for truths, I shall leave the 
 reader to judge what appellation they deserve ; and iu 
 either case, how much such persons were to be relied 
 on. We may judge of the principles of this saint iu 
 particular, who, though he acknowledged a certain 
 fctorv told by the Christian.-* of Jerusalem, relating to 
 the Jews, to be improbable, yet added, c - Non condem- 
 i.amus errorem, qui de odiis Judeerum, & iidei pie* 
 Ute descendant; ' i. e. we do not find fault with an 
 
 r, which flows from an hatred to the Jews, and a 
 pious zeal for the Christian faith. And in anot 
 place he intimates, that n>>|> aim; controversy, whose 
 ory rather titan truth, it was allowable 
 Id best serve to i 
 
 quer an adversary (juite agreeable to his 
 
 general character, avowed and defended l\ hiniM i 
 ty and unsay, and to argue prv ui i vw, ju t as ii bi, 
 
48 
 
 the times, or served his cause: and this conduct he 
 pretends to justify by the examples of other saints^ of 
 St. Paul, nay and of Christ himself, whom he repre- 
 sents as laying about them, like madmen, with every 
 weapon good or bad, that comes next to hand, with* 
 out any regard to sincerity and truth, which he thinks 
 no man is tied to in a dispute, any further than it 
 serves his turn. 
 
 Had not the learned Mosheim, though a zealous ad* 
 vocate for Christianity, reason to express his fears, 
 " that those who search with any attention into the 
 writings of the greatest and most holy doctors of the 
 church of the fourth century, will find them all, with- 
 out exception, disposed TO DECEIVE AND TO LIE, 
 whenever the interest of religion requires it ?" But 
 surely this author could have little reason to confine 
 these fears to the fathers of one late century : might 
 he not very justly have observed, with a certain di- 
 vine, " If the latter fathers, biassed by a false zeal 
 or interest, could be tempted to propagate A KNOWN 
 LIE ; or with all their learning and knowledge, could 
 be so weakly credulous, as to believe the absurd 
 stories which they themselves attest ; there must al- 
 ways be reason to suspect, that the same prejudices 
 would operate even mere strongly in the earlier fa- 
 thers, prompted by the same zeal and the same in- 
 terests, yet endued with less learning, less judgment, 
 and more credulity ?" 
 
 That Sir Isaac Newton did not believe the whole 
 of the scriptures is evident, both from the above and 
 also from his objection to chapter the fifth, verse 7th, 
 of the first of St. John, " for there are three that bear 
 record in heaven, the Father, the Word, and the Holy 
 Ghost : and these three are one ;" which text has oc- 
 
Rationed most violent disputes, and upon which so 
 much is by some thought to depend ; which has been 
 acknowledged by many considerable divines, and 
 others, to be an interpolation. Such was the opinion 
 the learned Mr. \Vhi>ton, the famous Grotius, 
 at well as Sir Isaac Newton, neither of whom believed 
 in the trinity* 
 
 Solomon's song, or ballad, as it is called in our Bibles, 
 uhichwe are taugl icve was intended to set 
 
 i the mutual love of Christ and his church, is 
 believed by some learned and pious persons to have 
 been no other than a dialogue between Solomon and 
 one of his wives ; and then certainly, as Mr. Whiston 
 justly terms it, of a lascivious nature. Not only Castalio 
 and Mr. Whiston, but Sir Isaac Newton and the famous 
 Grotius were of this opinion. See Bayle's Dictionary, 
 for the first ; for the second and third, Mr. Winston's 
 Appendix to his Authentic Records; and for the 
 fourth, Cirotius's Preface to his Annotations on ike 
 Song of Solomon. 
 
 My Lord, and Gentlemen of the Jury, I have thus 
 lightly touched on the opinions of Sir Isaac Newton 
 and the learned Grotius, who was banished and forced 
 to fly his country for adopting the opinions of Armi- 
 nius. It is to prove the false arguments, sophistry, 
 and assertions of Mr. Erskine (now Lord Erskine), 
 on a former occasion, that these opinions of those great 
 men are brought forward, and which erroneous false- 
 hood greatly weighed with the Jury at that time ; but 
 as the truth is now laid before this Court, 1 hope they 
 will have quite a contrary effect ; for certainly to deny 
 the trinity and several books both of the Old and New 
 Testament (if any crime) must be much greater than 
 what I am prosecuted 
 
50 
 
 I shall now proceed in what different divines and 
 others have held to be erroneous Eusebius, in his 
 History of the Church (b. 3, chap. 27, p. 157), says, 
 that the epistle of St. James, the epistle of St. Jude r 
 the second of Peter, the second and third of John, are 
 not generally received. And after mentioning several 
 false and counterfeit books, as the acts of St. Paul, the 
 book of the Shepherd, the Revelation of Peter, the 
 epistle of Barnabas, and the Institutions of the Apos- 
 tles, he adds, <c and among these may be placed the 
 Apocalypse of John, which some expunge from the 
 number of the sacred books, and others think they may 
 retain." Concerning this Revelation of John, the 
 same author informs us what Denys, Bishop of Alex- 
 andria, said concerning it, which begins thus : u Some 
 of those (says Denys) who lived before our times, 
 have absolutely rejected this book, and having exa- 
 mined it chapter by chapter from the beginning to the 
 end, have shewed, that there is neither sense nor rea- 
 son in it. They say also, that the title is false, because 
 the book was not written by John, and that it abounds 
 too much with ignorance to be a revelation. They 
 assure us, that this book was not composed by any one 
 of the apostles, nor even by aay of the holy authors 
 of the church : that it is a forgery of Cerinthus, who 
 making himself head of a sect, assumed the name o 
 John to authorize his extravagant fancies." 
 
 Such were the sentiments of some very ancient 
 Christians respecting certain books of scripture. As to 
 modern divines 
 
 Grotius declares his opinion as follows : " 1 have 
 truly said, that all the books in the Hebrew Canon 
 were not dictated by the Holy Ghost. There was no 
 occasion for histories to b<^ dictated by the 11 
 
I 
 
 t. If 1. written his books by the diet,, 
 
 inspiration, he would hare chosen rath-'. 
 
 authority on that, than on the frith of 
 t lie witnesses he followed. So in writing i\\ r 
 which ho had seen done by Paul, he had no need of 
 inspiration." Grot.TQtompropace.4rtic.dc Canonius 
 Scripturis. op. torn. iv. p. (> " 
 
 Archbishop Tillotson says, "If any man U of opi- 
 nion, that Moses might write the history of those ac- 
 tions, which he himself did or was present at, without 
 an immediate revelation of them, or that Solomon, 
 iiis natural and acquired w t<iimn, mi^ht speak thos^ 
 'sayings which are in his pi . <>r the evan- 
 
 gelists mis;lit write what they heard and saw, or \\ 
 they had good assurance of from other*, as St. I. 
 
 - us he did, &c. without an immediate dictate ofthe 
 spirit of GOD, he seems to have reason on his side ; for 
 that mm may, without an immediate revelation, \. 
 
 ..iiiic-. \viiith they think without a revelation, 
 seems very plain. And that they did so, then- is this 
 bable argument for it ; because we lind, that 
 the evangelists, in relating the discourse a of Ch; 
 are very far from agreeing in the particular exj 
 sions and words : but if the words bad been dictated 
 by the spirit of GOD, they n,i. a^n-rd in them. 
 
 rwhen-St. Luke differs from St Matthew, in i 
 ing what our Saviour said, it is imj i hat they 
 
 should both ul. ,t, as to \ is and forms 
 
 of expression. "Til! Works, vol. 3, p. 441). 
 
 Doctor Middlcton telli us" As 'tis neccswirv t.. 
 believe ofthe scriptures in general, that they are di- 
 vinely inspu nt?ces>ary, from ' l^ncc 
 uf plain ul declarations in these very scrip- 
 tures, to allow some cxcoption to this general rule, 
 
52 
 
 and not to insist, as some do, that every word, sen- 
 tence, narration, history, or indeed every book we 
 call canonical, was dictated by GOD. Here then (adds 
 this author) I fix my foot, andtak6 upon me to assert ? 
 that we are under no obligation of reason or religion 
 to believe that the scriptures are of absolute and uni- 
 versal inspiration, or that every passage in them was 
 dictated by a divine spirit." Dr. Middleton's Works, 
 vol. 2, p. 288. 
 
 Mr. Locke says, " Some men would have all Adam's 
 posterity doomed to eternal infinite punishment, for 
 the transgression of Adam, whom millions had 
 never heard of, and no one had authorised to transact 
 for him, or be his representative." The Reasonable* 
 ness of Christianity, p. 6. 
 
 The Rev. Mr. Sykes, D. D. observes, " If any doc* 
 trine is either mediately or immediately contrary to 
 the moral attributes of GOD, the consequence is, that 
 such doctrine cannot be true; nor can any evidence 
 (no not miracles themselves) prove, that such a notion 
 can come from GOD." The Scripture Doctrine of the 
 Redemption, &c. chap. 1, p. 5. 
 
 The learned and Reverend Doctor Samuel Clarke 
 was of opinion, the two sacraments (Baptism and the 
 Lord's Supper) are not in themselves essential to re- 
 ligion ; for he says, " GOD, in condescension to the 
 necessities of Christians, has appointed us two sacra- 
 mental rites, not as in themselves essential toreligionj 
 but as external helps to bind stronger upon us the 
 obligation of those moral duties wherein the essence 
 of religion truly consists," &c. Sermons, v. 1, p. ilS. 
 
 How was it possible the light of our reason could 
 make us perceive that men's being baptized, or partak- 
 ing of the Lord's Supper, were essential to their salva* 
 
ilir trinity in unity, or a virgin's ounce! ?- 
 inland bringing forth a clii! child tvas G 
 
 manifested in the flesh, be comprehended or proted 
 by our natural wisdom ? Surely the many serrooit* 
 nnd d "d and written to show howagre*- 
 
 able these great mysteries are to human reason, provr 
 tho contrary ; and indeed demonstrate that 
 these are not fit subject* for rea*onin*, being far be- 
 yond the roach of all reason and truth. 
 
 Archbishop Tillotson appears to be of Doctor 
 Clarke's opinion, for he says, " The Christian religion, 
 notwithstanding its purity, when compared with o' 
 form* of wor-hip . 'Tfheles*, in many respects, 
 
 lofted to the weakness and common prejudices of r 
 kind: especially respecting mysteries and sacrifices." 
 We will hear what the candid and pious an 
 nays on both those subjects. That excellent pr 
 thui infrodnces his sermon concerning the incarna- 
 tion of Christ, vol. i. p. 467, and following : 
 
 The third and )a3t thing which I proposed n 
 this argument of the incarnation of the Son of ( : 
 was to give some account of this dispensation, and 
 to show that the wisdom of GOD thought fit thus to 
 order things in great condescension to the weak: 
 and common prejudices of mankind. 
 
 And in tL first place, I make no manner of doubt 
 to *ay, that it would be a retit presumption and bold- 
 
 in any man to affirm, that tb^ infinite wisdom of 
 
 could not hate brought abont the salvation of 
 men by any other way, thaii by this* very way, in, 
 which he hath done it ; for why should we take upon 
 us to set limit-; to inl-niu* wisdom, and pretend to know 
 the utmost extent of it ? 
 * And /et it cannot be denied to be a f cry noble ar- 
 
 H 
 
giiment, and well \rortby our consideration, to enquire 
 into the reasons of this dispensation, and to assign 
 them particularly, if we can. For I look upon mys- 
 teries and miracles in religion to be much of the samo 
 nature, and that a great reverence is due to both, where 
 they are certain and necessary in the nature and rea- 
 son of the thing ; but neither of them are easily to 
 be admitted without necessity and very good evi- 
 dence. 
 
 . " But the great mystery of the Christian religion, the 
 incarnation of the son of GOD ; or, as the apostle call* 
 it, God manifested in thejlesh, was such a mystery, as 
 for the greatness and wonderfulness for the infinite 
 mercy and condescension of it, did obscure and swallow 
 up all other mysteries. For which reason the apostle, 
 in allusion to the heathen mysteries, and in contempt 
 of them, speaking of the great mystery of the Chris- 
 tian religion, says, without controversy, great is the mys- 
 tery of godliness, God was manifest in the flesh, fyc. 
 Since the world had such an admiration for mysteries, 
 he instanceth that which was a mystery indeed ; a 
 mystery beyond all dispute, and beyond all compari- 
 son." 
 
 That these and many other gross corruptions and 
 impositions infected Christianity in the early ages 
 of it, is allowed by every learned man, both among the 
 clergy and laity ; and by the former preached and 
 taught to the present day ; excusing the same, by sup- 
 posing GOD to have ordained falsehood and error in- 
 pity to our weakness, instead of showing his power by 
 strengthening our understanding, ah(} causing- us to act 
 implicitly according to his will. 
 
 But indeed the Christian religion, as we' find it in 
 the New Testament, was originally so plain and simple 
 
I 
 
 ) void of pomp to >IH h n i ce from cetciuo- 
 
 nir~ n-' IK timborcd tVoin altars and sacrifices, 
 
 Hiat tlinr app- ry little or no business fr 
 
 l>rif-u-. ;uicl above all, the intittitor nl' it was son. 
 and so !nim'.' -in all u-mpnral ; 
 
 ^ \\\^ kingdom was not of this world, that 
 t 'hriitinnitv in it< origin seemed to cany a mo-t unpro- 
 Kii-it!^ ;i-p ( t lor ^aininjj of riches, power, or dominion 
 to its professors. Hut that tl. n mi^ht be made 
 
 to certain worldly c-mls and purposes, 
 tee of the pretended followers of Christ, m alter times, 
 undertook to new-model it, and with this view, in i- 
 withstnnding the manifest opposition, in many respects, 
 .veenthe Pagan and the Christian religions, thej 
 incorporated such usages, rites, and ceremonies of the 
 heathen worship, as hud been found, by long experi- 
 ence, best calculated to amuse and deceive, and were 
 'v to bring most-profit ami advantage to the church. 
 Tin- ina.u Pope Leo the Tenth call it a fable, us is well 
 knoun i< i maimrry humour, be said to Cardinal 
 Bern bo " Quantum nobis profuit tec f alula fa 
 
 /o." 
 
 It Only the benefit of mankind in this world, and 
 tlu-ir salvation in the next, were really designed, then 
 in-ti advice, exhortation, and good example, 
 
 uoii M be the only methods pursued. We may be 
 Mire in that case, persecution would not be once 
 thought of, much less practised; lorn' m n \\(rc in 
 
 promote one another's hap; 
 
 after, they would exercise love and kindness to 
 them h< : 
 
 Doctor Chan din, i u his Ind 
 History t.f ihr j ..n, fe ay>, k - 'J'hat in 
 
 Artiest times of Christian! K! there were coutcn- 
 
50 
 
 tions and quarrels among Christians even between the 
 most eminent apostles themselves. ; There are con- 
 tentions among you. Every one of you saith, I am 
 of Paul, I of Apollos, and I of Cephas, and I of Christ. 
 When Peter was come to Antioch, I (Paul) withstood 
 him face to face. J 1 Cor. i. 11. 12; Gal. ii. 11. It is 
 evident that Paul, Apollos, and Cephas, were by the 
 Christians looked upon as heads of sects ; but what 
 appears more strange is, that Christ was looked upon, 
 as the head of a sect likewise." 
 
 Men may entertain and profess different sentiments 
 in arts and sciences, without incurring any danger 
 from their governors or equals : the reason is evident ; 
 in these there is, comparatively, no particular interest 
 distinct from truth, to be served, but in religion the 
 case is totally different. The real cause then of per- 
 secution on account of religion, is, that the persecutors 
 have some wicked purpose, for their own advantage, 
 to serve : this is so plain, that it is amazing people 
 of all nations do not see it, and put an end to so nefa* 
 rioue and cruel a practice. 
 
 Mankind have submitted to government for defence 
 and security of their persons and property ; not for re- 
 gulating their religious opinions that cannot be done 
 by authority. No edicts can force belief, though they 
 may oblige outward compliances ; neither can right 
 and wrong, respecting religion, be settled by power. 
 What has government then to do with men's reli- 
 gious sentiments, if they are not prejudical to so- 
 ciety ? 
 
 Persecutors, therefore, on account of religion, how- 
 ever dignified or distinguished, are public enemies, and 
 deserve to be treated as such. 
 
 Fear and ignorance have begot superstition, 
 
57 
 
 stition false religion ; but priests were the nurses that 
 brought up the hopeful babe : they have ever bee* 
 solicitous for its thriving, and indeed r 
 growth of the child has more than answered themost 
 eeagniae expectations of its fostor- fathers, though no* 
 _; could exceed their insatiable desires. What a 
 GOD have these men set up to be worshipped ! and 
 what a religion have they invented and established! 
 Sorely we may say with Plutarch, that the Atheist, 
 who denies a Goo, does him lest dishonour than the 
 man who owns his being, but at the same time belie ve$ 
 him to be cruel, hard to please, and terrible to human 
 Mtere. 
 
 Undoubtedly the monstrous accounts too often 
 iven of the Deity, and the passions of anger, hatred, 
 cruelty, Sec. by some men ascribed to him, have < 
 tributed more than a little to increase the number of 
 Atheists ; for persons of a very moderate share of mi. 
 derstandinp: can easily see the absurdity of supposing 
 tuch a GOD, and therefore foolishly conclude there i* 
 DO GOD. For those that worship a being who gives 
 forth laws which cannot Ixs understood ; who requires 
 the belief of what is incredible ; commands what is 
 impracticable ; and punishes his creatures with ever- 
 lasting torments, for not performing impossibilities* 
 certainly worship an evil demon. 
 
 The truth is, great part of the world, through lazi- 
 ness, interest, fear, or other mean considerations, pie- 
 tend to believe, and somo even fancy they really do 
 believe, many things they have never examined, nor 
 have any clear ideas of thus putting the cheat upon 
 themselves and others: nay, so infatuated arc they, 
 that it is esteemed a sin to doubt of, or iV- iiro 
 
 into, the truth of such ..rticles as are acknowledged 
 
58 
 
 very abstruse, and yet pretended to be of the utmost 
 consequence to them. If all articles of faith were im- 
 partially, freely, and thoroughly examined (as most 
 certainly they ought to be), what surprizing effects 
 would this produce ! How many people would then 
 find their own creeds as absurd and ridiculous as they 
 have hitherto only seen those of others to be ! 
 
 The corruption of the understanding is the genera- 
 tion of faith : Credulity is universally regarded as a 
 mark of weakness, and greatly contemned in every 
 thing but religion. The reason why it is so much re- 
 commended and extolled in that is evident : an ex- 
 tra vagant belief in fools is the source of gain and ex- 
 orbitant power in knaves. Faith and belief is not 
 in our power nor under our controul ; for, as Mr. 
 Locke very justly observes, " our will hath no power 
 to determine the knowledge of the mind one way or 
 the other. No more than in objects of eight it depends 
 on the will to see that black which appears yellow, or 
 in feeling to persuade ourselves that what scalds us 
 feels cold." Essay on the Human Understanding, vol. 
 ii. ch. 13. This being really the ease respecting 
 belief, wherein doth the merit of faith consist ? or how 
 can we justly be blame-worthy or punishable for the 
 want of it? This brings to my recollection another 
 observation of this truly wise man ; who says, in the 
 ]6th chap. p. 283 of the same volume, " that any 
 testimony, the further oft' it is from the being and exis- 
 tence of the thing itself, the less force and proof it has. 
 So that in traditional truths, each remove weakens 
 the force of the proof; and the more hands the tradi- 
 dition has successively passed through, the lo^> 
 strength and evidence does it receive from them. 1 ' 
 J r t thr-refure every bigotted zealot, or over religious 
 
person, consider befo ;ecutesl: . >onr on 
 
 account ot hn L-lief. if !iu <>u it religion .juadrates with 
 Ue. 
 
 we are essentially 
 
 rented in a knowledge of thin truth; if it bo false, 
 t.ur happine^ imi-t bd inrroascd by a disclosure of 
 those proofs, which invalidate its a at hen* i'his 
 
 van only be; obtained by free discussion and communi- 
 i<m; and though ^ovenimcnt may gag the month. 
 and bar and bolt the body, to prevent the blessings 
 of such attainment, yet they cannot confine the thought 
 or subjugate the mind. 
 
 U I. at reason have men to differ about modes of wor- 
 
 ir way lies plain before us. No one can clou IM 
 
 Yvhethcr temperance, fortitmi ,-cy, the love 
 
 <>f our country, and l>enevolence to mankind, are our 
 
 ilutH.'s. These virtues, and indeed all virtues, are not 
 
 only our (hit\. a- they are absolutely necessary to tbr 
 
 ood of society, but the practice of them isalsc> the m- 
 
 every individual, and that \vhichniil atVord 
 
 men more solid pleasure and happiness, than the 
 
 dulgence of any vice. 
 
 I lie, then, is a religion that requires the belief of 
 no absurdities, nor unintelligible mysteries; this is a 
 law written in men's hearts, which needs no comments 
 nor explanation* : r agreeable to 
 
 tltis law of nature and virtuo, sees its reasonableness, 
 and feels its benefit. 
 
 The more divine the Christian religion U, the lessk 
 belongs to men to controul it. If GOD has made it, 
 GOD will support it, without their assistance. You 
 know that intoleration produces nothing bu 
 cntes and rebels ! What a dreadful alternative ! I i 
 short, would you sustain by executioners, thereiigion 
 
60 
 
 of a GOD, who was destroyed by the hands of exe- 
 cutioners, and who only preached forbearance, mild- 
 ness, and patience ? But what! shall it be permitted 
 for each and every citizen to believe in his own- reagon, 
 whether that reason be enlightened or erroneous ? 
 " It truly ought, provided it does not trouble the 
 peace and order of the state ; for it does not de- 
 pend on man to believe, or not to believe ; but it de- 
 pends on him to treat with respect the usages and cus- 
 toms of his country : and if you say it is a crime not 
 to believe the established religion, you yourselves ac- 
 cuse the first Christians, your fathers, and you would 
 justify those whom you accuse of crime, in having 
 delivered them to the executioners.'' Locke's excel- 
 lent Letter on Toleration. 
 
 " It is the greatest impiety to deprive mankind of li- 
 berty in matters of religion, or to hinder them from 
 eh using what divinity they may chuse to worship ; 
 neither man, or God, is desirous of forced service. 
 Tertullian's Apologet, chap. 14. 
 
 " If we wereto use violence in defending the faith, 
 the bishops would oppose it." St. Hilary, b. 1. 
 
 <c Religion by compulsion is no longer religion ; it 
 must be by persuasion, and not by constraint. Reli- 
 gion is under no controul. and cannot by power be di- 
 rected." Lactantius, b. 3. 
 
 " It is amost execrable heresy and enow;, to want to 
 drag by force, by blows, by imprisonment, &c. those 
 whom we have not been able to convince by reason.'* 
 St. Atbanasius, b. I. 
 
 44 Nothing is more contrary to religion thao con 
 straint.'' J ustin Martyr, b. 5. 
 
 " Shall we persecute those whom GOD suffers and 
 tolerates :" St. Augustine. 
 
t the 1- mst the 
 
 f|i < ounril o! on. 
 
 " \.!\i<o. but forrr not." I.rurrs ofSt. BernaiJ. 
 \\'edonot |.rrinul t > u-'-troy error by force and 
 riolence." 1 l pr gy of France to Louis 
 
 Thirteenth. 
 
 " AV il\vnys disapproved of rigorous mea- 
 
 sures." A ^cmbly of the clergy, August 11, 1560. 
 
 " We know that faith comes by ji- . and is 
 
 not to bo controuled." 1 r, bishop of Nismes, 
 
 19. 
 
 " Remember that the disorders of the soul are not 
 to 1. md violence.*' Cardinal de 
 
 Pastoral Instruct. 1688. 
 
 ome men think others are mistaken or erroneous 
 
 inni i, it is a kind and charitable part 
 
 :ideavonr, by counsel, argument, and persuasion, 
 
 to set them right ; but all attempts to force them are 
 
 ABSURD, DC MPOSSIBLE TYRANNICAL, be- 
 
 cause UXJCST." Toplady. 
 
 " To put men in prison merely on account of their 
 religious belief or persuasion, is a great oppression, 
 and, properly speaking, FALSE IMPRISONMENT: to 
 fine them, or take away their estates for that cau< 
 ROBBERY : to put them to death for not acting against 
 i r consciences, is MURDER. Can any thing be more 
 wicked ? Is it not then difficult to determine whether 
 the folly and absurdity, or tyranny and wickedness, of 
 per> ;t of religion are greater ?" ( . 
 
 tins, epistolarum amicvrum. 
 
 deed it reflec '.onour on any an 
 
 ^rnof things, whethn us or civil, or philo- 
 
 sophical, ifthey will not bear a strict and free exami- 
 and whatever fools, bigots, or hypocrites 
 i 
 
G2 
 
 Baay say or pretend, it is in the highest degree scanda- 
 lous, and prejudical to true religion and the interest 
 of society, to prevent, or even discourage, such exami- 
 nation ; and persecution, for so bad a purpose, is de- 
 structive of that liberty which all mankind are entitled 
 to, and consequently a crime of the most, malignant na- 
 ture." Dr. Burnet, Arch. Philoso. dedication to King 
 William. 
 
 " Grant to every one a civil and full tolera- 
 tion." Fenelon, bishop of Carab. to Duke of Burgun- 
 
 dy- 
 
 "The exacting by force to any religion, is an evident 
 proof that the spirit which directs it, is a spirit inimical 
 to truth." Dirois, doctor of the Sorbonne, b. 6, 
 chap. 4. 
 
 " Violence always makes hypocrites ; you cannot 
 persuade when you proclaim on all sides nothing but 
 menaces." Tillemont's Ecclesiastical History, vol. 6. 
 
 " It appears to us .to be conformable to justice, truth, 
 and right reason, to walk in the track of the ancient 
 church, which never made use of violence to extend 
 and establish its religion." Remonstrance of the par- 
 liment of Paris to Henry II. 
 
 " Experience teaches us that violence is more like- 
 ly to, irritate than to heal those evils which have tak.cn 
 root in the mind," $c. De Thou, Epist. dedicated tq 
 Henry IV. 
 
 " It is a most barbarous zeal to pretend to plant 
 religion in the heart, as if persuasion could be the effect 
 of constraint." Boulainvillier's State of Frajice. 
 
 " It.is with religion as it is with love, command^ are 
 nothing, constraint still less ; nothing is more indepen- 
 dent than love and belief." Araelot de la Hous&aitp 
 on the letters of Cardinal d'Qssat. 
 
Tf you hav* been so beloved of heaven, a. to M 
 *Vio wn the truth, it has done you a most special favour 5 
 hut docs it become those who have the inheritance of 
 their father, to hate those who are not so blessed T 
 Spirit of Laws b. 25. 
 
 Your Lordship freely declares, " that Mr. Wohton 
 M not to he punished fr b'inr an infidel, it or for 
 nl (iHnganut th* ChrMan liich ap- 
 
 pears to me a noble declaration. If the governors of 
 the church and civil magistrates had all along acted up 
 to this principle, 1 think the Christian religion had 
 been before now well nigh universal.' 1 Dr. Lard- 
 ner, in Answer to thr Bishop ofChichester. 
 
 And the bishop of Landaff (Dr. Watson) appears to 
 have 'held similar sentiments, when he declares to Mf. 
 Gibbon u It would give roe much uneasiness to be 
 reputed as an enemy to free enquiry into religions 
 matters, or as capable of being animated into any de- 
 gree of personal malevolence against those who differ 
 from me in opinion. Oh the contrary, I look upon 
 the right of private judgment, in every concern res- 
 pecting GOD and ourselves, as wrprnor to the controut 
 of human anthority / and have ever roj^arded free dis- 
 tion ; the best mean of illustrating the doctrine, 
 and establishing the truth of Christianity. Let the 
 fr.llowcTs of Mahomet, and the zealots of the church of 
 Rome support their several religious systems, by damp- 
 i \ rflbrt of the human intellect to pry into the 
 foundations of their faith . but never can it become a 
 Christian to be afraid of being asked a reason of the 
 feith that is in him : nor a Protestant to be studious of 
 enveloping his religion in m\ -t. i \ and ignorant 
 
 Again, the bishop of Land a If makes this honest and 
 manly confession to Mr. Paine, io his Apology for the 
 
64 
 
 Bible, ^ If you have made the best examination you 
 can, and yet reject revealed religion as an imposture, I 
 pray GOD may pardon what I esteem your error. 
 And whether you have made this examination or 
 not, does not become me, or any man to deter- 
 mine." 
 
 Such sentiments as these are noble, and becoming of 
 learned as well as liberal and generous minds; but 
 how can the bishop account for the assertion 
 " That the murders and exterminations ascribed to the 
 Almighty in the Old Testament, was the policy, com- 
 bined with mercy, of God ?" Is he, as a man, or a bi- 
 shop, acquainted with Ihe policy of the Almighty, or by 
 virtue of either dignity installed one of God's privy 
 council ? If in either case I am answered in the affir- 
 mative, then I admit Mr. Attorny-general may have 
 had his information from him, " that I had given dis- 
 pleasure to Almighty God, in printing and publishing 
 the Age of Reason." But if the answer is given in 
 the negative, then I conceive myself justified in ap- 
 plying the epithets of impious, wicked, and prophane 
 blaspheming, to both the one and other, which are 
 given to me. First, because policy is a property sole- 
 ly belonging to man ; the proper meaning of which is 
 insidious, crafty, cunning, which in the very idea is 
 derogating to and debasing of the Almighty, who can 
 have no inconsistent human property whatever in his 
 nature. Secondly, mercy is certainly the greatest of 
 all the attributes given to the Almighty ; and of course 
 incompetent to such actions. But though mercy i$ 
 held the most sublime of all, his attributes, it is ths 
 least imitated among mankind. 
 
fti 
 
 Court of 7v IlcHch. Westminster. 
 
 On Thursday the ^'Hli of April, I SI;. 1 , the Do fondant 
 \v i-, brought up for judgment, when the infurnutiou 
 and report of the trial being read, the afliduviu of live 
 most respectable gn. 
 
 Stated that the 1 ucpun< : L:iun 
 
 Daniel Isaac Laton,the defendant, for different spaces 
 of time, some of them for many years ; and they have 
 and each of them has had many opportunities of ob- 
 ( onduct of the said D. I. Laton ; and not- 
 withstanding he the said Daniel Isaac Eatou has sold 
 pamphlets of a political nature formerly, yet that the/ 
 the said deponents have not nor has either of them 
 known him to conduct himself in ; nv other than in 
 the most peaceable manner ; and always observed him 
 in conversation with these deponents, as well as many 
 oth* -oid viol* issionsofanjr kind, as \ 
 
 in matters of politics as in religion, so that he the said 
 Daniel Isaac Eaton appeared to each of the said de- 
 ponent- not to endeavour, at the respective times when 
 either of them have so as aforesaid been in conversation, 
 to persuade these deponents or either of them or any 
 other person or persons to adopt his own particular 
 opinions \\hatever they mi^ht be; and that the said 
 Ilaton hath always in the estimation of 
 all these deponents borne the character of a charitable, 
 honest, faithful, and j r;u- ablr luac, in his personal 
 i, (I MMxri^-.itii.n \\ itii t!, M ft and 
 
 other*, to the best of these dep :. i j't-rsoual 
 
66 
 
 observation, knowledge, and belief, as well as by com* 
 mon repute. 
 
 The Deiendant next put in the following affida- 
 vit : 
 
 " Daniel Isaac Eaton, late of Ave Maria-lane in the 
 city of London, bookseller, but now a prisoner in his 
 Majesty's gaol of Newgate, niaketh oath and saJth,that 
 whereas he is found guilty of publishing a libel which 
 in construction of law is against the peace of our sove- 
 reign lord the king, his crown, and dignity ; yet in truth 
 and in fact he the said Daniel Isaac Eaton published 
 the same libel in error, and mistake of the law ; and 
 had in fact no evil intention therein, and hath always 
 been in fact a peaceable subject of our said lord the 
 king, except only in construction of law, as repects 
 the matter or matters for which he hath been prose- 
 cuted ; and that having been personally known to his 
 present Majesty, and his brother the late Edward 
 Duke of York, and having received many kind favours 
 from his said Majesty, he hath never harboured an ill 
 thought against him, but on the contrary thereof owes 
 to him, and will ever bear to him, the most grateful 
 affection and regard as a subject of his realm ; and 
 more especially seeing that it was by his Majesty's 
 special grace and favour, granted' upon his personal 
 application, that he the said Daniel Isaac Eaton hath 
 been pardoned and relieved from an outlawry which 
 had been adjudged against him ; that although the 
 said libel of which he is convicted is charged and found 
 by law to be of an evil tendency, and to the displea- 
 sure of Almighty God, yet the said Daniel Isaac Eaton 
 erroneously conceived to the contrary ; and that be- 
 cause in many passages thereof the divine authority 
 of his Creator is upheld with all possible reverence 
 
67 
 
 and respect ; and good morals are recommended as the 
 law of God revealed in the natural exemplification of 
 L is divine power. 
 
 And he the said Daniel Isaac Eaton saith, that al- 
 though in the said libel the authei i the gospel 
 history is questioned and denied, yet tbo moral doc- 
 trine of the gospels is particularly described as excel- 
 lent. That he the said Daniel Isaac Eaton so publish- 
 ed the said libel in the mistake* BAttaa titat it was law- 
 ful to discuss the authenticity of any passage, ia the 
 holy scriptures, and to draw any iiiit loucc lii.TeiVom 
 which appeared agreeable to naturalroasoa, and that 
 lie had believed the same to be the practice of many of 
 ji the church of Engfend and others, aa 
 well in their preaching asio tlieir writings ; aud thathe 
 hath read in the works of the divines and of the 
 ancient fathers many discussions concerning the di- 
 vine nature of Jesus Christ, and the authenticity of 
 divers passage* in the holy gospels. That true it U 
 the said libel contain* 4JKMB postage* particularly set 
 forth in the information wbcreou he stand* conflicted* 
 ia which the said holy gospels are spoken of in terms of 
 pjgr gross disrespect, which he regrets much to ha** 
 been used by the author : but that BO t being himself 
 the author of the said libel, he did not think himself at 
 liberty to alter the language thereof, but was bound to 
 suffer the author to speak in and to be judged by kit 
 own words ; that be the said Daniel Tlmr Eatoa was 
 the more induced to form such erroneous opinions .at 
 aforesaid, inasmuch as the said libel hath to bis certain 
 knowledge been published without any legal censure 
 in the United States of America, in which country the 
 law concerning libel is the same with the law of Eng- 
 land, a* he bath been iufonued and believes; and thai 
 
68 
 
 the Christian religion is there as in England in fulr 1 
 force. 
 
 " And he the said Daniel Isaac Eaton further saith r 
 that he hath been educated in the Protestant religion, 
 according to the rites of the church of England, and 
 hath never professed nor practised any other religious 
 rites and ceremonies whatsoever, and hath always ear- 
 nestly endeavoured to live in peace and charity with 
 all men, to be just in all his dealings, and neither by 
 his conversation nor example, to encourage dishonest, 
 fraudulent, unjust, or cruel actions ; that he the said 
 Daniel Isaac Eaton had no intention of offending 
 against the laws in the publication of the said libel, but 
 published the same in error of the law, and ignorance 
 of any evil tendency therein, and in the belief that the 
 truth of the Christian religon could not be injured nor 
 affected by any writing whatsoever, and in the expec- 
 tation that the pamphlet would be answered by other 
 writings, and the truth be made the more manifest. 
 
 " And the said Daniel Isaac Eaton further saith, 
 that two thousand eight hundred pounds worth of 
 books, bought and packed up for America, were on a 
 former occasion, burned by order of Mr. White, solici- 
 tor to the Treasury ; and two hundred and eighty-six 
 pounds taken to release his furniture and other goods;- 
 by which, and more recent misfortunes, he is become 
 reduced in his pecuniary circumstances. 
 
 " And the said Daniel Isaac Eaton saith,that having* 
 brought from America a recipe for the manufacture of 
 a certain soap, which is a specific and cure for scor- 
 butic eruptions, which he hath lately sold with public 
 approbation and increase of sale, for his support -and 
 maintenance, he had designed in future to desist wholly 
 from the publication and sale of political pamphlets. 
 
And further this deponent saith, thru he is of the 
 age of sixty, very infirm in body, as well from an afflic- 
 as also from an obstinate and invete- 
 i^h which deprive- him of nightly rest, and ap- 
 pears to have fixed upon his lungs, and which makes 
 h i ;n irreatlv apprehensive that his life will be endan- 
 gered by dose confinement. And he humbly prays the 
 mercy of the court in compassion to his infirmities, and to 
 the weakness of human nature, and the errors of human 
 judgment." 
 
 Mr. PRINCE SMITH 
 
 11 adduced the Court on behalf of the Defendant 
 in i i of punishment. With respect to the 
 
 libel which had been road, he could 
 only entertain for them the same sentiments of ah: 
 rence which every true Christian expressed ; but w itii 
 .id to the Defendant, he was placed in a situation 
 which gave him a right to demand pi 
 
 :n the ;entlcimm of the Bar : and having un- 
 dertaken ln> defence, as far as was consistent \\ith the 
 ( -haracter of a Christian and an advocate, he skould 
 endeavour to defend him to the be>! of his ability ; for 
 the privilege of the Bar was the right of the >ubjct, 
 when the Bar failed in its free >pirit, and its duty 
 to a client, the liberty of the subject would soon fall, 
 i withstanding this se. was 
 
 a X'.MV arduous one it was nut hi* intention, how- 
 to impeach either the law or (he \nJict. 
 \ to the law, it was clearly laid down and esta- 
 blished ; nor could he hope t! Ship-, would be 
 induced to o\ei turn the cases upon which it was found- 
 
70 
 
 ed. He, therefore, did not deny the existence or tlie 
 propriety of the law upon which the information was 
 filed ; but all human laws were founded upon circum- 
 stances, and changed with the efflux of time, and the 
 character and manners of a people. If they were not 
 wholly abrogated, they either ceased to be enforced at 
 all, or were enforced with less severity. In times of 
 popery, the Court proceeded against all persons who 
 disputed any of the doctrines of the church with the 
 utmost rigour, even unto deaththey proceeded in 
 this view with mistaken ideas of charity, and pun- 
 ished man not so much for the correction of his morals 
 as the salvation of his soul they proceeded against 
 heretics with the fire and the stake here, to save them 
 from eternal fire hereafter. In later times the writ de 
 heretico comburendo had been abolished, and principles 
 of toleration necessarily prevailed. The Court was 
 the guardian of the morals of the people, and not the 
 keeper of their souls it inflicted punishment upon the 
 commission of fraud, injustice, and other temporal 
 crimes : in this character it proceeded in cases of libel, 
 and the inquiry now was how far the public morals 
 might be injured, and the public peace be invaded, 
 by the dissemination of the principles contained in this 
 book. 
 
 The Learned Counsel then proceeded to shew that 
 during the last century great latitude had been allowed 
 to the discussion of religious doctrines, even in defiance 
 of the statutes themselves. Some sects of Christians 
 denied the divine nature of Christ, and others would 
 not profess their belief in the personality of the Holy 
 Ghost all of which was against the toleration act. In 
 earlier times Jews and Infidels were considered with 
 such hatred and animosity, that the king could make no 
 
league with an infidel prince. In the present days, 
 commerce bad extended our connections with nil \. 
 of the world, and forty millions of subjects in the Kast, 
 who denied th<> Christian .and believed in an 
 
 i nation 800 years older than Moses, were the sub- 
 jects of the king of England. The pamphlet before 
 the Court was occupied in c<i^Kl-nn^ the various p: 
 
 ' to be found in the Old Testament, 
 and a similar investigation had employed the pens of 
 many learned and pious divines. Professor II* \. m his 
 theological lectures, speaking of such of the prophe- 
 cies as arc referred to in the New Testament, which 
 are in fart all th<>>, discussed by Paine, says of the 
 phrase*- that it might be fulfilled which was written" 
 that this may in many cases be considered as 
 f|ni \alent to the French, phrase "apropo*," and to be 
 m ployed merely as an introduction to a quota- 
 tion, ju^t as divines quoto the scriptures or any other 
 book for ornament or illustration. 
 
 The pamphlet closed with Paine's opinion of a fu- 
 ture state, in which he professes a belief of an existence 
 <i ith, and to a certain extent of a state of rewards 
 and punishments ; and religion was nothing more 
 than the pursuit of moral conduct founded on the belief 
 of a future state. 
 
 '1 'he Learned Counsel strongly contended for the 
 rightof free discussion in matters of n-lii;nm, and said 
 that notwithstanding all the enquiries of this nature 
 \\hirli had been permitted, the Christian religion had 
 only flourished the more in proportion as it had been 
 attacked. \ rnf\ ing the words of our Saviour, who says 
 " on this rock have 1 built m\ chinch, and the gaits 
 of hell shall not prevail against it 
 
 question then for the Court was, bow far they 
 
enforce the law against the Defendant, in chanty 
 to his errors ; and since the Christian religion was the 
 law of the land, would not the Court, by shewing mercy 
 to the Defendant, act in furtherance of its most noble 
 doctrine, which was charity. It was indeed impossible 
 for the Court to feel Christianity, without treating the 
 errors of opinion with mercy and with humility. It 
 was 1 quite impossible to maintain the fear of God by 
 force ; and religion ceased to be the fear of God when 
 it became the fear of man . 
 
 The endeavours of all questioners of the divine re- 
 velation, from Lord Herbert of Cherbury to Mr. Gib- 
 bon the endeavours of Hume were to insinuate 
 Deism by all the arts of philosophy, rhetoric, and de- 
 clamation : and the question whether less danger was 
 to be apprehended from such writers than from Paine 
 was easily decided. It was a question between the 
 vulgarity and abuse of the latter, and the artful so- 
 phistry of Gibbon, the specious philosophy of Hume, 
 ^hd the witty sarcasms of Voltaire. 
 
 The unfortunate writer before the Court had pub- 
 lished two former parts of this work, which the Learned 
 Counsel had read only in the admirable Apology for 
 the Bible of Bishop Watson, and which had doubtless 
 tended more to cure infidelity than any legal prosecu- 
 tion on record. In the spirit of this free enquiry thus was 
 good deduced out of evil ; and in this spirit, and with 
 this belief of its utility, had the divines of later times 
 promoted the free discussion of revelation, instead of 
 (like the Romish church) calling upon the secular arm 
 to protect revelation, and had thus endeavoured to 
 convince by argument rather than by force. 
 
 The informations of the Attorney-general seemed to 
 he so denominated in derision of all knowledge, and 
 
a com pleat bar to all free enquiry. 
 
 /.ere rather to have been wish* < ; 'rat 
 
 it should call down the venire:* -law. JU such 
 
 <nity would hu\e h'M-ii urll Mi\ed; 
 and it would shew to the world as if no answer couUl 
 be L * this book, that the A 
 
 was obliged to appeal to the strong arm of the 
 kw. . 
 
 Many of Mr. Paine'* arguments as to the prophecies 
 
 might be admitted ; but it did not I'.liuu because 
 
 some quotations from the Old TesUunent were not pro* 
 
 hat all the propii the Bi- 
 
 !!< were false : there still remained tho t. -timony of 
 miracles, and the internal evidence truth of 
 
 On 
 
 . As to the infidelity of Gibbon, which was undoubted, 
 the Rev. Mr. Lesley blamed him only for his dtsin- 
 genuousness ; and said, that it h< dMu -In \ d thegos* 
 pel, he had a right to turn it into contempt : i)iit lu> bad 
 no right to aisiSM the garb of a C'hri-ti.ui. Dr. I! 
 also, speaking of Woolston, who had been prosecuted 
 in Lord Raymond's time, said that he was a mail of 
 learning and ]>n>!>itv, and that it would have relit 
 .more honour upon our religion and upon our civil go- 
 wniiixitt to have committed him to the care of his 
 relations and friends, than to let him support him- 
 self in prison by the gale of hi- w i -.tings, and end his 
 days in confinement. 
 
 The Learned Counsel concluded his quotations \\\i'.\ 
 the opinions of tin ! ite l>i*hop ofl'.n i 'I Ellen- 
 
 borough's father), a u rid r in \\hosc praise he would 
 not \rnture to speak, lent he should be suspected of 
 i (lattery or ;< i his learned and pious dr 
 
 contended strongly for the n^cestit) of tolerating infi- 
 
74 
 
 (klitj, and put the heretical turn in general wbicTj 
 then prevailed upon the same footing with particular 
 heresies. 
 
 If the Counsel addressed their Lordships merely as 
 lawyers, he should be throwing 1 these arguments as 
 chaff before the wind; but he appealed to their feelings 
 as men, and as philosophers acquainted with the hu- 
 man mind, and with the influence of religion. He 
 had not been present at the trial, but he had under- 
 stood that the Attorney-general had claimed some me- 
 rit for leniency, in not prosecuting the Defendant 
 upon the statute of the 9th and 10th of William HI. 
 c. 23. If he had done so, their Lordships would have 
 had no discretion in apportioning the punishment ; 
 but here, on the common law prosecution, they were 
 open to every argument of humanity, feeling, and 
 philosophy. 
 
 The information charged that this libel was published 
 against the king's crown and dignity ; but that infide- 
 lity did not militate with the crown and dignity of the 
 sovereign, was proved by the many millions in the 
 East who worshipped God out of the pale of Christian- 
 ity, but who nevertheless added so materially to the 
 crown and dignity of the king of England. If Deists 
 were tolerated and formed into a sect, would any injury 
 be sustained by those morals over which the Court was 
 guardian ; and to preserve which it was armed with Us 
 powers of punishing ? Many who had written with as 
 much audacity, but more artifice than the Defendant, 
 had gone unpunished. If Paine had said that he who 
 believed in Christianity was an infidel to nature, Hume 
 had asserted, that he who believed in miracles believed 
 against all common sense, and (to use a legal phrase) 
 tl eftcr possibility, of Idle f extinct" 
 
Ti od Counsel then adverted to (he infidd 
 
 tndency of Lucretius, a work which had romipted Bo- 
 1 mi; broke and Pope, and had given rise to that deisiical 
 poem, the Essay on Man; and \>\ it \*a- l-ui the 
 thtM d.tv that he saw a new translation of the whole 
 .ic most argumentative and indue- 
 u\e work against the iiMaortality of the soul, and the 
 providenceof the Almightx . that had ( \ er appeared, and 
 one which had afforded a foundation for all the sop hi s- 
 tiv ' ts of modern times : vet thtt Was 
 
 jjhrerti/rd ui intiion of ih- AUoniey-genei 
 
 name as a suh^rriber.* 
 
 The days of burning were now over, and Christianity 
 was in so flourishing a condition, that a whole host of 
 MI.I d:\i... - had dispersed themselves on missions of 
 that gospel all over the world. 11- Learned 
 
 Counsel, towards the conclusion of his address, argued 
 lin -and eloqnciueMti favour 01* the tree 
 i\iu\ full toleration of till religion^ 
 upon the ground of natural ri^l.t at i-f i-\|)-di. 
 the impossibility of enforcing religious opinions b\ 
 dicial prosecutio 
 
 ery man (said the Learned Coi 
 lias a right bv i.iii.n. granted at his birth, to 
 God with his \\hole 1 latin lii>oun 1 
 
 aod if he does not worship him aft u ill, 
 
 :cveme, my] \\ ill m.t \\( ull. 
 
 h the rights of conscience man ought not to it 
 ft-re, for he can neither in tenor..- \vithjusiu- r 
 success. The awe o. 
 in aid of divine ui.tlu/iv 
 
 hr Attorney-general first rote to droy tbii. but apoo recai 
 admitted tii. 
 
70 
 
 the Fear of man. The love of God is. like (he love of 
 all human beings, free, or it ceases to be love; and 
 when the secular arm seizes on the thunder of heaven 
 toinforce creeds and opinions, it finds itself only pow- 
 erful to produce distress and misery powerful enough, 
 at all times, to destroy whom God has created, but 
 absolutely impotent and unavailing to convince whom 
 God has not vouchsafed to instruct by the gift of his 
 divine grace, which alone can inspire with faith, 
 and produce righteousness unto salvation. 
 
 The Learned Counsel concluded by recommending 
 the Defendant to the Christian charity of the Court, 
 and implored their Lordships in furtherance of the 
 true spirit of Christianity in pity to the errors and 
 the frailties of human nature in condescension to 
 the claim of free conscience if they found themselves 
 bound to draw the sword of the law, and with it (on 
 the call of his Majesty's Attorney-general) to strike 
 this unhappy Defendant; that at least they would smite 
 him gently. 
 
 The ATTORNEY-GENERAL 
 
 Expressed his satisfaction (having strongly in lifs 
 recollection the manner in which the Defendant 
 conducted his Defence at the trial), that no gentleman 
 at the bar had been found, who had not thought it ne- 
 cessary upon this occasion to profess himself a Chris- 
 tian ; for certainly if he could have found one who was 
 not, he would have given him the preference. 
 
 The learned gentleman had entered into a long 
 discussion upon the origin of the doctrinesand opinions 
 of learned writers, which he should not take the trou- 
 ble of answering ; and had charged him with adopting 
 
77 
 
 the more rigorous course against the Defendant. Had 
 the Learned Gentleman taken the trouble to make him- 
 self acquainted with what passed upon the trial, he 
 would find he (the Attorney-general) had not been no 
 unmerciful, and that he had been indicted at common 
 
 The Learned Gentleman had asserted, with more 
 smartness than foundation in fact, that the Attorney- 
 general, by his informations, shut up the gates of 
 knowledge. If he were to indict a man for murder, 
 he should certainly shutout from the enquiry, whether 
 murder were or were not a crime, but not whether the 
 accused were guilty or not. As to the Gentleman's 
 opinion of the most judicious manner of treating infi- 
 del writers, with what he bad favoured the Court, he 
 might, with ail his knowledge, have fouud that there 
 was not a syllable in the pamphlet which had not been 
 
 * fhit appear! a ft range misconception oftfca Ccrunsefs ar- 
 gument, which wa* adtfretsed to the Court, entirely ia mi- 
 ton of punishment, and could not hate been heard upon att 
 information on a ttalute in which the precise penalty if affixed 
 bj the act, and the Court can only pronounce sentence accord- 
 ingly. 
 
 But there was a further misconception of the Attorney-gene- 
 ral, equally or more unaccountable ; for Mr. Smith had pre- 
 viously informed the Defendant, that it would have been 
 much better for him if he had been prosecuted on the statute 
 and 10 W. Ill c S3, the statute alluded to tt tho trial ; for 
 then, u it was only the firrt time be would have been conrict- 
 ed, the itatutable punishment would only be that he should to 
 rendered incapable of holding any office under the crown. 
 
 It is only upon the second conviction, thai the severe penal- 
 ties attach i which are imprisonment for three years, and the 
 being incapable of becoming an elecotor, Ac. Tfcti statuu 
 applies to the Jws, and the Unitarians, and all who deny tht 
 . -:tj of Cantl 
 
 L 
 
78 
 
 drawn from the very dregs of infidelity, and which 
 had not been answered over and over again. 
 
 The arguments of other infidels were nothing to 
 this question : where one man might be injured by 
 the works alluded to, 500 would be by this pamphlet. 
 Hume was read only by men of literary habits ; and 
 his doctrines would, with men of sound understanding, 
 and reasoning minds, receive its antidote with them. 
 The great fault of these writers was to carry their 
 idea of God to the perfection of human intellect, and 
 then to disbelieve all revelation from heaven, which 
 was not perfectly intelligible to that portion of in-? 
 tellect which they possessed. It was the vanity of man 
 against the omnipotence and omniscience of God. 
 
 It rested with the Court to determine this offence 
 and punishment, as it regarded the peace of the coun- 
 try ; and if there were no authorities on the subject, 
 reason and principle must decide that this was an of- 
 fence against that peace which it had a direct tendency 
 to disturb. 
 
 The Defendant had imported from America, and 
 published here, a pamphlet which called the Christian 
 religion a fable, its author an impostor, and its teach* 
 era designing and interested villains, supporting them- 
 selves upon a mere system of fraud. 
 
 The Court had heard the libel; they would form 
 their own judgment, and act upon it. With respect 
 to his being the favourer of those doctrines, by hav- 
 ing subscribed to a work of this description, he would 
 not let it go out to the world, that while he was 
 praying judgment against the Defendant, he WHS 
 sanctioning his doctrines. The fact was, he had.seen 
 a list of subscribers to Dr. Busby's work, containing 
 the names of some of the mcst learned land enlighten- 
 
rd mm of the country, and as an encourager and pa- 
 tron of \\- . hml put his name down 
 
 Lord Ellenborough here interrupted the Attorney* 
 
 <Tvinr, that he need not give himself the 
 
 tmuMo of explaining; for as well might it be said, 
 
 tliat every gentleman who subscribed to a new edition 
 
 of the classics, was the favourer of these doctrines.* 
 
 After some further observations, the Court ordered 
 the Defendant to be recommitted to Newgate, and 
 
 It will be seen from the above report of Mr. Smith'* speech, 
 that no insinuation of alheitm was intended against the Attor- 
 ney -general. By subscribing to a book, it by no means follows 
 that a man subscribes to its doctrines, as be does when be sub- 
 scribes to articles of faith ; but it shews that the subscriber 
 must tbink the propagation of the doctrines contained in it are 
 not injurious to morals. The list of subscribers contains many 
 names, from his Royal Highness the Prince Regent to Mr. Idle ; 
 from the late Mr. Perceval to Mr. Muzio Clementi. It cannot 
 be supposed that all these agree in one sentiment of ennntv to 
 all religion : but those who can read the original, or the transla- 
 tions by Creech or Good, or the truly elegant version of Dr. 
 Busby, will be convinced that a publication of more atheistical 
 principles cannot be conceived. It is indeed the source from 
 which all those who deny the immortality of the soul bare 
 drawn all their arguments, and they can urge no other. 
 
 To shew the opinion which some have entertained pf Lucre- 
 tius, it is only necessary to observe, Ibat not one of the reverend 
 bench of bishop*, nor one of the learned judges of the land, ha* 
 subscribed : the work is, however, patronised by the Chancellor 
 of the University of Oxford, Lord Grenrille. 
 
 Is not this a sufficient proof that, in the opinion of thoseper- 
 som, all religious doctrines, all arguments against all belt' 
 religion, should be free? Does it not shew tint the practice of 
 the world, of the wisest and best men of the dav i< directly 
 gainst the law ? The one tolerates ail religion and all in religion, 
 while the other affixes penalties on th the 
 
 most conscientious opinion-, . 
 
80 
 
 brought up again for final judgment on Friday,. May 
 15, 1812; on which day the Court passed the fol- 
 lowing 
 
 SENTENCE. 
 
 That he be imprisoned EIGHTEEN MONTHS in his 
 5fajesty*s gaol of Newgate, and that he stand in the 
 PLILORY between the hours of twelve and two, once 
 within a month ! ! ! 
 
 THE END* 
 
 PUBLICATIONS BY D. I. EATON. 
 
 Decline and Fall of the English System of Finance .... 1 
 
 True Sense and Meaning of the System of Nature, by Helve- 
 
 tius. Translated by IX I. Eaton , 2 6 
 
 In the Prefix and shortly wilt be published, 
 
 A Preservative against Religiou* Prejudices. Translated from 
 the French. 
 
 If I *m ri ff ht, what does it signify who I am ? CtrneiUe. 
 
 Priatei by. D. I. Eatoa, A^re-Maria Laue, Ludgaie Street. 
 
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