Page:On Liberty (4th Edition).djvu/55

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THOUGHT AND DISCUSSION.
55

words concerning Christianity. Within a month of the same time, at the Old Bailey, two persons, on two separate occasions,[1] were rejected as jurymen, and one of them grossly insulted by the judge and one of the counsel, because they honestly declared that they had no theological belief; and a third, a foreigner,[2] for the same reason, was denied justice against a thief. This refusal of redress took place in virtue of the legal doctrine, that no person can be allowed to give evidence in a court of justice, who does not profess belief in a God (any god is sufficient) and in a future state; which is equivalent to declaring such persons to be outlaws, excluded from the protection of the tribunals; who may not only be robbed or assaulted with impunity, if no one but themselves, or persons of similar opinions, be present, but any one else may be robbed or assaulted with impunity, if the proof of the fact depends on their evidence. The assumption on which this is grounded, is that the oath is worthless, of a person who does not believe in a future state; a proposition which betokens much ignorance of history in those who assent to it (since it is historically true that a large proportion of infidels in all ages have been persons

  1. George Jacob Holyoake, August 17, 1857; Edward Truelove, July, 1857.
  2. Baron de Gleichen, Marlborough-street Police Court, August 4, 1857.