I. References are continually made in the Press to certain events recorded in this chapter founded upon statements made by myself, but lacking details and without the official substantiating documents. The original summonses and other legal instruments were preserved, and copies of them are given herein. Reports only would be incredible to the new generation, and it is necessary to publish them to give authenticity to the narrative of what really took place.
It seems better to say "Trouble with Her Majesty" than Trouble with the Queen, "Majesty" being more official than personal. The three indictments to be recorded in this narrative all took place in the Victorian reign. It seems a disadvantage of the monarchical system that the name of the head of the reigning House should be attached to all proceedings, great or petty, noble or mean, honourable or infamous. It assumes the personal cognisance and interference in everything by the occupant of the Throne. It is the same in the theological system, where the Deity is assumed to personally cause or permit whatever takes place in this inexplicable universe. If the glory of the mountain be his, the devastation of the inhabitants of the valley by a volcano is also his act. The Church is beginning, not too soon, to discourage this theory. The curate rescued from a wreck who reported to Archbishop Whately that he had been "providentially" saved, was asked by the logical prelate, "Do you intend to say that the lost have been 'providentially' drowned?" Thus blasphemy is made one of the wings of religion—just as sedition becomes a wing of loyalty, when discreditable incidents are represented as the personal acts of the Crown. Lawyers know that the King or Queen is not directly answerable, but by acute legal fiction, odious responsibility is transferred to others. But the people always think that he or she, in whose name a thing is done, is answerable for it, and theologians all teach that everything, even rascality, occurs by the will of God.
References to my indebtedness to the Exchequer of ￡600,000 of fines incurred by publishing unstamped newspapers, seem to readers of to-day a factless tradition. This is not so, as will appear from the warrants and notices of prosecution which follow, copied from the original documents in my possession, which have never until now been published.
Early in 1855, I received the following message from Her Majesty, in the 18th year of her reign:—
"Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to George Jacob Holyoake, greeting. We command and strictly injoin you that (all excuses apart) you appear before the Barons of our Exchequer at Westminster, on the thirty-first day of January instant, To answer us concerning certain Articles then and there on our behalf to be objected against you. And this in no wise omit under the penalty of One Hundred Pounds, which we shall cause to be levied to our use upon your Goods and Chattels, Lands and Tenements, if you neglect this our present command. Witness, Sir Frederick Pollock, Knight, at Westminster, the eleventh day of January, in the eighteenth Year of our Reign.
"By the Barons.
"H. W. Vincent, Q.R."
Mr. George Jacob Holyoake,—You are served with this Process to the intent that you may by your Attorney, according to the practice of the Court, appear in Her Majesty's Court of Exchequer, at the return thereof in order to your defence in this prosecution.
"Mr. George Jacob Holyoake.
"At the suit of Her Majesty's Attorney-General,
"By Information.
"Folio 9—1855.
"Joseph Timm," Solicitor of the Inland Revenue,
"Somerset House, London.
"Folio 9—55-
"Inland Revenue, Somerset House.
"Solicitors' Department.
"The Attorney-General against George Jacob Holyoake.
"The penalties sought to be recovered by this prosecution are several of ￡20 each, which the defendant has incurred by publishing certain newspapers called War Chronicle and The War Fly Sheet on unstamped paper."
As I had published 30,000 copies, the penalties incurred were ￡600,000.
These alarming documents were accompanied by intimation as to the question at issue, and the penalties to be recovered. My solicitors, Messrs. Ashurst, Waller and Morris, No. 6, Old Jewry, put in an appearance for me, but on the repeal of the duty shortly after, a hearing was never entered upon, and the penalties have not been collected. How they came to be incurred in respect of the War Chronicles the reader may see in "Sixty Years," vol. i. p. 287.
No intimation was ever given to me—there is no courtesy, I believe, in law—that these intimidating summonses were withdrawn. I had no defence against the charge. I could not deny, nor did I intend to deny, that I had knowingly and wilfully published the said papers. In justification I could only allege that I had acted, as I believed, in the public interest, which, I was told, was no legal answer. The law, which ought to be clear and plain, was, I knew, full of quirks and surprises; and, for all I knew, or know to this day, the payment of the fines incurred might be demanded of me. It was communicated to the then Chancellor of the Exchequer (Mr. Gladstone) that in case of the full demand being made upon me, I should be under the necessity of asking him to take it in weekly instalments, as I had not the whole amount by me.
The position of an "unstamped" debtor was not, in those days, a light one. My house in Fleet Street could be entered by officers of the Inland Revenue; every person in it, printers, assistants in the shop, and any one found upon the premises could be arrested. The stock of books could be seized, and blacksmiths set to break up all presses and destroy all type, as was done to Henry Hetherington; and for many weeks I made daily preparations for arrest.
The St. James's Gazette (April 13, 1901) referred to the fines of ￡600,000 incurred by me. What I really owed was a much larger sum, had the Government been exacting. Previously to the War Chronicle liability, I had published the Reasoner twelve years, of which the average number issued may have exceeded 2,000 weekly, or 104,000 a year—every copy of which, containing news and being unstamped, rendered me liable to a fine of ￡20 each copy. Now 104,000 x 12 x ￡20 exceeded more millions of indebtedness than I like to set down. Any arithmetical reader can ascertain the amount for himself. A friend in the Inland Revenue Office first made the calculation for me, which astonished me very much, as it did him. Had the whole sum been recoverable it might have saved the Budget of a Chancellor of the Exchequer struggling with a deficit.
The Government were frequently asked to prosecute me. It was not from any tenderness to me that they did not. It was their reluctance to give publicity to the Reasoner that caused them to refrain. It was the advocacy of unusual opinion which gave me this immunity.
The St. James's Gazette asked me: "Is it justifiable for a good citizen to break a law because he believes it to be wrong?" I answered "No! unless the public good seems to require it, and that he who breaks the law is prepared to take the consequences." I never evaded the consequences, nor complained of them when they came.
If every one who breaks a law first satisfies himself that public interest justifies it, and he is ready to meet the penalty, only bad laws would be broken. It is also the duty of a citizen to find out whether there is any practical way open for procuring the repeal of a bad law before breaking it. Respect for law, under representative government, in which the law-breaker has a share, is a cardinal duty of a citizen.
On my violation of the law in the matter of the War Chronicles Mr. Gladstone (the Chancellor of the Exchequer) said to a deputation, that he knew "my object was not to break the law, but to try the law."
The impulsive and the ambitious of repute may overlook this consideration, but as I sought neither distinction nor martyrdom, I acted as I did because no other course was open, and no other person would take this.
II.
In the year following the prosecution in the Court of Exchequer, Her Majesty gave me further trouble in discharge of the odious duty imposed upon her as collector of debts for the Church. As few know to-day how hateful this impost was, it will be informing to see how the clerical case was officially stated to me. It began as follows:—
"Mr. George Jacob Holyoake,—Take Notice that in and by certain Rates or Assessments made by virtue of and for the purposes mentioned in the Act of Parliament passed in the 4th Year of the Reign of her late Majesty Queen Ann, Cap. 27, intituled, 'An Act for settling the Impropriate Tythes of the Parish of Saint Bridgett, alias Bride's, London,' You are assessed in respect of the Houses, Shops, Warehouses, Cellars, Stables, Tofts, Grounds, or other Tenements or Hereditaments, within the said Parish occupied by you, in four several Sums amounting to One pound four shillings and eightpence for four several Quarters of a Year commencing at the Feast of The Birth of our Lord Christ, 1854, and ending at the same Feast in the Year 1855, and that such assessments are made on a Rental of ￡74. Dated this 22nd day of May, 1856.
"John William Thomas,
"Collector of the said Rates."
These ecclesiastical cormorants took a hungry survey of every place containing property on which they could lay hands. After the Rathcormac massacre, where two sons of the widow Ryan were shot by the soldiers, employed by the Church in collecting its rates—how appropriate and consoling it must be to a bereaved mother to read that the rates commenced to be due at "The Feast of the Birth of our Lord Christ!" Yet there are people who go about promoting prosecutions for blasphemy, and with a holy partiality leave untouched outrages like these. The summons sent to me speaks of the "late Queen Ann," who had been dead 140 years. Her name being spelt "Ann" shows that she had been dead long enough to lose the final "e" of her name. The rent of the Fleet Street house was ￡74, ￡400 having been paid for the lease. Each time there came on the scene the local agent of the Church, who delivered an interesting intimation as follows:—
"Mr. George Jacob Holyoake,—I do hereby demand payment of One pound four shillings and eightpence, due from you for Rates made in pursuance of the Act of............