Page:A History of Freedom of Thought.djvu/249

 J. F. Stephen pointed out that the decisions of judges from the time of Lord Hale (XVIIth century) to the trial of Foote (1883) laid down the same doctrine and based it on the same principle: the doctrine being that it is a crime either to deny the truth of the fundamental doctrines of the Christian religion or to hold them up to contempt or ridicule; and the principle being that Christianity is a part of the law of the land.

The apology offered for such prosecutions is that their object is to protect religious sentiment from insult and ridicule. Sir J. F. Stephen observed: "If the law were really impartial and punished blasphemy only, because it offends the feelings of believers, it ought also to punish such preaching as offends the feelings of unbelievers. All the more earnest and enthusiastic forms of religion are extremely offensive to those who do not believe them." If the law does not in any sense recognize the truth of Christian doctrine, it would have to apply the same rule to the Salvation Army. In fact the law "can be explained and justified only on what I regard as its true principle—the principle of persecution." The opponents of Christianity may justly say: If Christianity is false, why is it to be attacked only in polite language? Its goodness depends on its truth. If you