CHAPTER III

CENSORSHIP

To the mind of the fifteenth or sixteenth century man the protection of

church and state and of the public was a very much more important matter

than the protection of the printer or the author, and it was seen that

the printing press might easily distill a venom which would poison the

minds of men and threaten the health of institutions. Measures to

prevent this occurrence went hand in hand with the granting of

privileges. It was only natural that they should do so as they might

well be regarded as conditions upon which the privilege should be

granted, or, as the idea developed, upon which the trade should be

exercised. France early decreed that every piece of printing put out in

the kingdom must be certified as “containing nothing contrary to faith,

good manners, public peace, and the royal authority.” Theoretically,

nothing could be more admirable. Doubtless many of us today would like

to be assured that all printed matter should meet these requirements. It

is obvious, however, that such regulations were liable to work very

badly in practice. What constitutes faith, good manners, public peace,

and the royal authority? These are, to a considerable extent, matters of

opinion. It may happen that the royal authority becomes tyranny and

ought to be opposed rather than supported. In the hands of the

narrow-minded, ignorant, and unscrupulous, censorship laws may easily

open the way to intolerable abuses. As a matter of fact, they have only

too often done so, and it is for that reason that we in the United

States today insist upon freedom of the press.

Possible injury to the faith was very early perceived by the church. As

guardian of the faith and morals of the people, the church felt

constrained to see that nothing with heretical or immoral tendencies

should be placed in the hands of the faithful. Just as Venice led the

way in laws relating to privilege, so she was prominent in the matter of

censoring books. Usually the body which issued licenses had charge of

the censorship as well. It might not distrust the ecclesiastical

examination and censoring of the books, but it made the censorship

effective by its refusal of privilege. Later, as we shall see, when this

procedure did not prove entirely effective other methods were taken to

punish the printers and the authors of books which were deemed

injurious. The first book which appeared with the approval of the

ecclesiastical authorities was printed in 1480. This approval at first

had nothing to do with the privilege to print, but was rather a

commendation to the attention of the faithful.

In 1487, however, the Pope (Innocent VIII) issued a bull against

objectionable books. This bull was addressed to the States of the

Church, Italy, Germany, France, Spain, England, and Scotland. As a

result, probably, of this bull, Venice enacted a requirement in 1508

that the approval of the Church should precede the granting of any

privilege to print. In 1515 the Lateran Council established the

principle of strict censorship. The religious troubles of the sixteenth

century had much to do with the application of this principle. In the

Protestant countries it was applied much less vigorously than in the

Catholic countries. It must not be understood, however, that the

Protestants had any broader or more intelligent views on the subject of

censorship than the Catholics had. They were just as ready to recognize

the principle of censorship and apply it, but the occasions for applying

it were, or seemed to be, less frequent. Venice, although always a

Catholic country, was careful to keep herself as independent of Rome as

possible. The Venetians consequently kept the reins in their own hands

with regard to the censorship of books as well as in other matters,

although they co-operated with the church authorities and offered no

hindrances to the work of the Inquisition.

In 1503 Venice extended the scope of censorship to cover the literary

quality of books and translations, the political effect of books, and

their effect upon morals. The political and moral censorship appears to

have been less effective than the religious and literary. In 1547 the

Inquisition took charge of the censorship of books and the punishment of

those who offended against the press laws, and continued to exercise

those functions until 1730. It is interesting to note that the greatest

activity of the Inquisition was in the first half century of its work, a

period when religion was still the subject of bitter controversy and

bloody warfare. The Inquisition took cognizance of 132 cases between

1547 and 1600. Between 1600 and 1700, however, it only dealt with 55,

while from 1700 to 1730 it dealt with only four.

In 1571 Pope Pius V started the Index Expurgatorius. This Index was and

is a list wherein are registered books and other publications which are

condemned by the Commission in charge of it, called the Congregation of

the Index, as being immoral and unsound either in religion or politics.

By this means the church undertakes to protect its members from the

reading of books calculated to injure their morals or to unsettle their

faith.

Lines of legislation in Venice regarding censorship ran in certain very

definite directions, namely: the legalizing of custom and precedent,

protection of the industry against foreign competition and preservation

of the excellence of the nation’s press, protection of the buyer of

books against poor workmanship and excessive charges (protection of the

author’s right has already been discussed), and the development of a

Bureau to administer the press laws and regulate the industry. In 1549

the book trade was organized by the creation with definite legal

recognition of the Guild of Printers and Booksellers. It was believed

that the trade could be dealt with better and could do its own work

better if it were organized.

The purpose of the guild was three-fold:

1. To protect trade interests—the purpose of trade organizations at all

times.

2. To assist the state and church in watching the output of the press.

3. To suppress pernicious books.

As the years went by the tendency was for the state censorship to relax

and for the church censorship to become more severe. In time the

censorship became very harassing and very troublesome. In 1671, although

the Inquisition had ceased to be very active in dealing with the

enforcement of press censorship laws, the requirements preliminary to

printing a book were so severe that one wonders that printing existed at

all. If a man wanted to print a book in Venice at that time he had to

secure the following:

1. A testamur (a sort of approval) from the Inquisition.

2. A testamur from the Ducal Secretary.

3. A certificate from the University of Padua.

4. Permission to print from the Council of Ten.

5. Revision of his work by the superintendent of the press.

6. Revision of his proofs by the public proof reader.

7. Collation of the original text with the printed text by the

representative of the University.

8. A certificate by the Librarian of Saint Marks that a copy of the book

had been deposited in the Library.

9. Examination by government experts to fix the price.

Almost every one of these processes had to be paid for. Italy outside

Venice was strongly influenced by Rome and the press was comparatively

strictly controlled by the influence of the church.

In Germany, on the contrary, the censorship was probably the least

severe of any on the Continent. As already noted, there was

substantially no printing of original work in Germany until 1500 and

consequently no special need of censorship. Shortly afterward Germany

was rent in twain by religious dissensions. It must be remembered that

the Reformation, being very largely a political movement, the difference

between Catholics and Protestants followed geographical lines for the

most part. There were comparatively few Protestants in Catholic

countries or Catholics in Protestant countries. The Protestants seized

upon the printing press as a method of propaganda. They consequently

advocated its freedom and encouraged its use. The Catholics at first

attempted to defend themselves from this attack by the suppression of

printing and the destruction of imported books. After a little time,

however, with greater wisdom, they themselves made use of the printing

press for a counter propaganda. Those who were disturbed by the

censorship in a country in either camp could and did move to one in the

other. In this way unless a man had religious opinions which were

unacceptable anywhere or wished to publish books which were seditious or

immoral it would be entirely easy for him to find a place where he could

be undisturbed and probably encouraged.

The early assertion of government control in France has already been

described. Francis I, although a good friend of printing, was a loyal

son of the church, and all the more so because of his unfriendly

relations with Henry VIII of England who, for much of his life, was not

on good terms with the church. Francis, therefore, issued edicts in 1521

enforcing the censorship which was called for by the decree of the

Lateran Council already referred to.

This censorship was exercised by a considerable number of persons. This

was always a defect in the French press laws and was the cause of a

great deal of difficulty and hardship. At first censorship was exercised

by the bishops, by the Faculty of Theology of the University of Paris,

by the Parliament of Paris, by the Royal Chancellor, by the

Director-General of the Book Trade, and by the Lieutenant of Police.

Tendencies to consolidation, however, soon manifested themselves. The

first important step was the centering of church censorship in the hands

of the Faculty of Theology of the University of Paris to the exclusion

of the bishops generally.

The tendency to centralize was naturally accompanied by a tendency to

tighten the censorship of the civil authorities, a tendency quite

opposite to that which we observed in Venice. In 1624 a Censor-Royal was

appointed to whom everybody, even the bishops themselves, was obliged to

submit his writing. The numerous civil authorities having charge of

censorship caused confusion for a time, but gradually their powers were

concentrated in the hands of the Director-General of the Book Trade.

The laws were administered by inspectors of bookselling and enforced by

the police and the civil courts. The laws were very severe. They applied

primarily to the printer and bookseller, probably because he was an

easier person to get at than the author and much more likely to be

financially responsible. The printer was obliged to make public the name

of the author and printer, the place of manufacture, and the place of

sale of every book which he printed. A printer might be prosecuted if an

authorized book turned out to be objectionable. This was a particularly

unjust law because the printer was obliged to take the chance that,

after the book had been duly censored and approved by authority, some

censor, perhaps not the one who had originally approved it, might find

something in it which he considered objectionable.

The penalties for infraction of the press laws were very severe. They

consisted of the burning of books, confiscation of books, fines,

flogging, imprisonment, banishment, and even burning alive. From 1660 to

1756, 869 authors, printers, and booksellers were sent to the Bastille.

At least one-third of these were printers.

The press laws in France were more severe than almost anywhere else in

Europe. In practical operation they favored foreign printers at the

expense of the French. Naturally the result of all of this regulation

was that Frenchmen did not print, and the market was supplied from

abroad. If the laws had been strictly enforced printing would apparently

have been driven out of France. There were, however, certain

mitigations. In the first place certain things were exempt from the

operations of the press laws, such as legal documents, police papers,

documents bearing the signatures of advocates, and small publications of

two leaves or less for the spread of news or for other purposes. This

particular exemption was always the cause of a good deal of question and

a good deal of abuse. Again, these laws were largely held in reserve,

that is to say, they made possible the punishment of offending printers,

but in many cases the offender was not proceeded against unless someone

complained. Again, the judges used large discretion in dealing with

cases of infraction of the press laws. In many cases licenses were

issued in a very informal way, so that official responsibility was not

involved; and sometimes a clandestine permission was given, the printer

being assured that although his book could not be approved no action

would be taken against him if he published it. False statements as to

place of printing were used as a means of avoiding responsibility,

sometimes apparently with the connivance of the authorities. The

personal influence of the Chancellor was very great in these cases, and

it was entirely possible for him to protect authors or writers if he

chose to do so.

By the eighteenth century the condition had become practically

intolerable. There was a great mass of laws on the statute books.

Legislation was confused and contradictory and of the most drastic sort.

The enforcement was sporadic and irregular, depending upon a great many

personal and local considerations. There was no underlying principle to

control either the making or enforcement of the laws. All this, like so

much else that belonged to the life of the old days, was swept away by

the French Revolution. All the laws regarding privilege, censorship, and

the like were annulled in a mass. The press was given absolute freedom

and left without any control whatever. Of course, it abused this freedom

and the condition of things for a while was extremely bad. It finally

readjusted itself, however, and gradually settled down into the

condition which is familiar today.

A Brief History of Printing. Part II: The Economic History of Printing · 第 3 / 9 章