LICENSERS OF THE PRESS.

In the history of literature, and perhaps in that of the human mind, the

institution of the LICENSERS OF THE PRESS, and CENSORS OF BOOKS, was a

bold invention, designed to counteract that of the Press itself; and

even to convert this newly-discovered instrument of human freedom into

one which might serve to perpetuate that system of passive obedience

which had so long enabled modern Rome to dictate her laws to the

universe. It was thought possible in the subtlety of Italian _astuzia_

and Spanish monachism, to place a sentinel on the very thoughts as well

as on the persons of authors; and in extreme cases, that books might be

condemned to the flames as well as heretics.

Of this institution, the beginnings are obscure, for it originated in

caution and fear; but as the work betrays the workman, and the national

physiognomy the native, it is evident that so inquisitorial an act could

only have originated in the Inquisition itself. Feeble or partial

attempts might previously have existed, for we learn that the monks had

a part of their libraries called the _inferno_, which was not the part

which they least visited, for it contained, or hid, all the prohibited

books which they could smuggle into it. But this inquisitorial power

assumed its most formidable shape in the council of Trent, when some

gloomy spirits from Rome and Madrid foresaw the revolution of this new

age of books. The triple-crowned pontiff had in vain rolled the thunders

of the Vatican, to strike out of the hands of all men the volumes of

Wickliffe, of Huss, and of Luther, and even menaced their eager readers

with death. At this council Pius IV. was presented with a catalogue of

books of which they denounced that the perusal ought to be forbidden;

his bull not only confirmed this list of the condemned, but added rules

how books should be judged. Subsequent popes enlarged these catalogues,

and added to the rules, as the monstrous novelties started up.

Inquisitors of books were appointed; at Rome they consisted of certain

cardinals and "the master of the holy palace;" and literary inquisitors

were elected at Madrid, at Lisbon, at Naples, and for the Low Countries;

they were watching the ubiquity of the human mind. These catalogues of

prohibited books were called _Indexes_; and at Rome a body of these

literary despots are still called "the Congregation of the Index." The

simple _Index_ is a list of condemned books which are never to be

opened; but the _Expurgatory Index_ indicates those only prohibited till

they have undergone a purification. No book was allowed to be on any

subject, or in any language, which contained a single position, an

ambiguous sentence, even a word, which, in the most distant sense, could

be construed opposite to the doctrines of the supreme authority of this

council of Trent; where it seems to have been enacted, that all men,

literate and illiterate, prince and peasant, the Italian, the Spaniard

and the Netherlander, should take the mint-stamp of their thoughts from

the council of Trent, and millions of souls be struck off at one blow,

out of the same used mould.

The sages who compiled these Indexes, indeed, long had reason to imagine

that passive obedience was attached to the human character: and

therefore they considered, that the publications of their adversaries

required no other notice than a convenient insertion in their indexes.

But the heretics diligently reprinted them with ample prefaces and

useful annotations; Dr. James, of Oxford, republished an Index with due

animadversions. The parties made an opposite use of them: while the

catholic crossed himself at every title, the heretic would purchase no

book which had not been indexed. One of their portions exposed a list of

those authors whose heads were condemned as well as their books: it was

a catalogue of men of genius.

The results of these indexes were somewhat curious. As they were formed

in different countries, the opinions were often diametrically opposite

to each other. The learned Arias Montanus, who was a chief inquisitor in

the Netherlands, and concerned in the Antwerp Index, lived to see his

own works placed in the Roman Index; while the inquisitor of Naples was

so displeased with the Spanish Index, that he persisted to assert that

it had never been printed at Madrid! Men who began by insisting that all

the world should not differ from their opinions, ended by not agreeing

with themselves. A civil war raged among the Index-makers; and if one

criminated, the other retaliated. If one discovered ten places necessary

to be expurgated, another found thirty, and a third inclined to place

the whole work in the condemned list. The inquisitors at length became

so doubtful of their own opinions, that they sometimes expressed in

their license for printing, that "they tolerated the reading, after the

book had been corrected by themselves, till such time as the work should

be considered worthy of some farther correction." The expurgatory

Indexes excited louder complaints than those which simply condemned

books; because the purgers and castrators, as they were termed, or as

Milton calls them, "the executioners of books," by omitting, or

interpolating passages, made an author say, or unsay, what the

inquisitors chose; and their editions, after the death of the authors,

were compared to the erasures or forgeries in records: for the books

which an author leaves behind him, with his last corrections, are like

his last will and testament, and the public are the legitimate heirs of

an author's opinions.

The whole process of these expurgatory Indexes, that "rakes through the

entrails of many an old good author, with a violation worse than any

could be offered to his tomb," as Milton says, must inevitably draw off

the life-blood, and leave an author a mere spectre! A book in Spain and

Portugal passes through six or seven courts before it can be published,

and is supposed to recommend itself by the information, that it is

published with _all_ the necessary privileges. They would sometimes keep

works from publication till they had "properly qualified them,

_interemse calficam_," which in one case is said to have occupied them

during forty years. Authors of genius have taken fright at the gripe of

"the master of the holy palace," or the lacerating scratches of the

"corrector-general por su magestad." At Madrid and Lisbon, and even at

Rome, this licensing of books has confined most of their authors to the

body of the good fathers themselves.

The Commentaries on the Lusiad, by Faria de Souza, had occupied his

zealous labours for twenty-five years, and were favourably received by

the learned. But the commentator was brought before this tribunal of

criticism and religion, as suspected of heretical opinions; when the

accuser did not succeed before the inquisitors of Madrid, he carried the

charge to that of Lisbon: an injunction was immediately issued to forbid

the sale of the Commentaries, and it cost the commentator an elaborate

defence, to demonstrate the catholicism of the poet and himself. The

Commentaries finally were released from perpetual imprisonment.

This system has prospered to admiration, in keeping public opinion down

to a certain meanness of spirit, and happily preserved stationary the

childish stupidity through the nation, on which so much depended.

Nani's History of Venice is allowed to be printed, because it contained

_nothing against princes_. Princes then were either immaculate or

historians false. The History of Guicciardini is still scarred with the

merciless wound of the papistic censor; and a curious account of the

origin and increase of papal power was long wanting in the third and

fourth book of his history. Velly's History of France would have been an

admirable work had it not been printed at Paris!

When the insertions in the Index were found of no other use than to

bring the peccant volumes under the eyes of the curious, they employed

the secular arm in burning them in public places. The history of these

literary conflagrations has often been traced by writers of opposite

parties; for the truth is, that both used them: zealots seem all formed

of one material, whatever be their party. They had yet to learn, that

burning was not confuting, and that these public fires were an

advertisement by proclamation. The publisher of Erasmus's Colloquies

intrigued to procure the burning of his book, which raised the sale to

twenty-four thousand!

A curious literary anecdote has reached us of the times of Henry VIII.

Tonstall, Bishop of London, accused at that day for his moderation in

preferring the burning of books to that of authors, which was then

getting into practice, to testify his abhorrence of Tindal's principles,

who had printed a translation of the New Testament, a sealed book for

the multitude, thought of purchasing all the copies of Tindal's

translation, and annihilating them in the common flame. This occurred to

him when passing through Antwerp in 1529, then a place of refuge for the

Tindalists. He employed an English merchant there for this business, who

happened to be a secret follower of Tindal, and acquainted him with the

bishop's intention. Tindal was extremely glad to hear of the project,

for he was desirous of printing a more correct edition of his version;

the first impression still hung on his hands, and he was too poor to

make a new one; he gladly furnished the English merchant with all his

unsold copies, which the bishop as eagerly bought, and had them all

publicly burnt in Cheapside. The people not only declared this was a

"burning of the word of God," but it inflamed the desire of reading that

volume; and the second edition was sought after at any price. When one

of the Tindalists, who was sent here to sell them, was promised by the

lord chancellor, in a private examination, that he should not suffer if

he would reveal who encouraged and supported his party at Antwerp, the

Tindalist immediately accepted the offer, and assured the lord

chancellor that the greatest encouragement they had was from Tonstall,

the Bishop of London, who had bought up half the impression, and enabled

them to produce a second!

In the reign of Henry VIII. we seem to have burnt books on both sides;

it was an age of unsettled opinions; in Edward's, the Catholic works

were burnt; and Mary had her pyramids of Protestant volumes; in

Elizabeth's, political pamphlets fed the flames; and libels in the reign

of James I. and his sons.

Such was this black dwarf of literature, generated by Italian craft and

Spanish monkery, which, however, was fondly adopted as it crept in among

all the nations of Europe. France cannot exactly fix on the era of her

_Censeurs de Livres_; and we ourselves, who gave it its death-blow,

found the custom prevail without any authority from our statutes. The

practice of licensing books was unquestionably derived from the

Inquisition, and was applied here first to books of religion. Britain

long groaned under the leaden stamp of an _Imprimatur_. Oxford and

Cambridge still grasp at this shadow of departed literary despotism;

they have their licensers and their _Imprimaturs_. Long, even in our

land, men of genius were either suffering the vigorous limbs of their

productions to be shamefully mutilated in public, or voluntarily

committed a literary suicide in their own manuscripts. Camden declared

that he was not suffered to print all his Elizabeth, and sent those

passages over to De Thou, the French historian, who printed his history

faithfully two years after Camden's first edition, 1615. The same

happened to Lord Herbert's History of Henry VIII. which has never been

given according to the original, which is still in existence. In the

poems of Lord Brooke, we find a lacuna of the first twenty pages; it was

a poem on Religion, cancelled by the order of Archbishop Laud. The great

Sir Matthew Hale ordered that none of his works should be printed after

his death; as he apprehended that, in the licensing of them, some things

might be struck out or altered, which he had observed, not without some

indignation, had been done to those of a learned friend; and he

preferred bequeathing his uncorrupted MSS. to the Society of Lincoln's

Inn, as their only guardians, hoping that they were a treasure worth

keeping. Contemporary authors have frequent allusions to such books,

imperfect and mutilated at the caprice or the violence of a licenser.

The laws of England have never violated the freedom and the dignity of

its press. "There is no law to prevent the printing of any book in

England, only a decree in the Star-chamber," said the learned

Selden.[107] Proclamations were occasionally issued against authors and

books; and foreign works were, at times, prohibited. The freedom of the

press was rather circumvented, than openly attacked, in the reign of

Elizabeth, who dreaded the Roman Catholics, who were at once disputing

her right to the throne, and the religion of the state. Foreign

publications, or "books from any parts beyond the seas," were therefore

prohibited.[108] The press, however, was not free under the reign of a

sovereign, whose high-toned feelings, and the exigencies of the times,

rendered as despotic in _deeds_, as the pacific James was in _words_.

Although the press had then no restrictions, an author was always at the

mercy of the government. Elizabeth too had a keen scent after what she

called treason, which she allowed to take in a large compass. She

condemned one author (with his publisher) to have the hand cut off which

wrote his book; and she hanged another.[109] It was Sir Francis Bacon,

or his father, who once pleasantly turned aside the keen edge of her

regal vindictiveness; for when Elizabeth was inquiring whether an

author, whose book she had given him to examine, was not guilty of

treason, he replied, "Not of treason, madam, but of robbery, if you

please; for he has taken all that is worth noticing in him from Tacitus

and Sallust." With the fear of Elizabeth before his eyes, Holinshed

castrated the volumes of his History. When Giles Fletcher, after his

Russian embassy, congratulated himself with having escaped with his

head, and on his return wrote a book called "The Russian Commonwealth,"

describing its tyranny, Elizabeth forbad the publishing of the work. Our

Russian merchants were frightened, for they petitioned the queen to

suppress the work; the original petition, with the offensive passages,

exists among the Lansdowne manuscripts. It is curious to contrast this

fact with another better known, under the reign of William the Third;

then the press had obtained its perfect freedom, and even the shadow of

the sovereign could not pass between an author and his work. When the

Danish ambassador complained to the king of the freedom which Lord

Molesworth had exercised on his master's government, in his Account of

Denmark, and hinted that, if a Dane had done the same with a King of

England, he would, on complaint, have taken the author's head off--"That

I cannot do," replied the sovereign of a free people; "but if you

please, I will tell him what you say, and he shall put it into the next

edition of his book." What an immense interval between the feelings of

Elizabeth and William, with hardly a century betwixt them!

James the First proclaimed Buchanan's history, and a political tract of

his, at "the Mercat Cross;" and every one was to bring his copy "to be

perusit and purgit of the offensive and extraordinare materis," under a

heavy penalty. Knox, whom Milton calls "the Reformer of a Kingdom," was

also curtailed; and "the sense of that great man shall, to all

posterity, be lost for the fearfulness or the presumptuous rashness of a

perfunctory licenser."

The regular establishment of licensers of the press appeared under

Charles the First. It must be placed among the projects of Laud, and the

king, I suspect, inclined to it; for by a passage in a manuscript letter

of the times, I find, that when Charles printed his speech on the

dissolution of the parliament, which excited such general discontent,

some one printed Queen Elizabeth's last speech as a companion-piece.

This was presented to the king by his own printer, John Bill, not from a

political motive, but merely by way of complaint that another had

printed, without leave or license, that which, as the king's printer, he

asserted was his own copyright. Charles does not seem to have been

pleased with the gift, and observed, "You printers print anything."

Three gentlemen of the bed-chamber, continues the writer, standing by,

commended Mr. Bill very much, and prayed him to come oftener with such

rarities to the king, because they might do some good.[110]

One of the consequences of this persecution of the press was, the

raising up of a new class of publishers, under the government of Charles

I., those who became noted for what was then called "unlawful and

unlicensed books." Sparkes, the publisher of Prynne's "Histriomastix,"

was of this class. I have elsewhere entered more particularly into this

subject.[111] The Presbyterian party in parliament, who thus found the

press closed on them, vehemently cried out for its freedom: and it was

imagined, that when they had ascended into power, the odious office of a

licenser of the press would have been abolished; but these pretended

friends of freedom, on the contrary, discovered themselves as tenderly

alive to the office as the old government, and maintained it with the

extremest vigour. Such is the political history of mankind.

The literary fate of Milton was remarkable: his genius was castrated

alike by the monarchical and the republican government. The royal

licenser expunged several passages from Milton's history, in which

Milton had painted the superstition, the pride, and the cunning of the

Saxon monks, which the sagacious licenser applied to Charles II. and the

bishops; but Milton had before suffered as merciless a mutilation from

his old friends the republicans; who suppressed a bold picture, taken

from life, which he had introduced into his History of the Long

Parliament and Assembly of Divines. Milton gave the unlicensed passages

to the Earl of Anglesea, a literary nobleman, the editor of Whitelocke's

Memorials; and the castrated passage, which could not be licensed in

1670, was received with peculiar interest when separately published in

1681.[112] "If there be found in an author's book one sentence of a

venturous edge, uttered in the height of zeal, and who knows whether it

might not be the dictate of a divine spirit, yet not suiting every low

decrepit humour of their own, they will not pardon him their dash."

This office seems to have lain dormant a short time under Cromwell, from

the scruples of a conscientious licenser, who desired the council of

state, in 1649, for reasons given, to be discharged from that

employment. This Mabot, the licenser, was evidently deeply touched by

Milton's address for "The Liberty of Unlicensed Printing." The office

was, however, revived on the restoration of Charles II.; and through the

reign of James II. the abuses of licensers were unquestionably not

discouraged: their castrations of books reprinted appear to have been

very artful; for in reprinting Gage's "Survey of the West Indies," which

originally consisted of twenty-two chapters, in 1648 and 1657, with a

dedication to Sir Thomas Fairfax,--in 1677, after expunging the passages

in honour of Fairfax, the dedication is dexterously turned into a

preface; and the twenty-second chapter being obnoxious for containing

particulars of the artifices of "the papalins," as Milton calls the

Papists, in converting the author, was entirely chopped away by the

licenser's hatchet. The castrated chapter, as usual, was preserved

afterwards separately. Literary despotism at least is short-sighted in

its views, for the expedients it employs are certain of overturning

themselves.

On this subject we must not omit noticing one of the noblest and most

eloquent prose compositions of Milton; "the Areopagitica; a Speech for

the Liberty of Unlicensed Printing." It is a work of love and

inspiration, and breathing the most enlarged spirit of literature;

separating, at an awful distance from the multitude, that character "who

was born to study and to love learning for itself, not for lucre, or any

other end, but, perhaps, for that lasting fame and perpetuity of praise,

which God and good men have consented shall be the reward of those whose

published labours advance the good of mankind."

One part of this unparalleled effusion turns on "the quality which ought

to be in every licenser." It will suit our new licensers of public

opinion, a laborious corps well known, who constitute themselves without

an act of Star-chamber. I shall pick out but a few sentences, that I may

add some little facts, casually preserved, of the ineptitude of such an

officer.

"He who is made judge to sit upon the birth or death of books,

whether they may be wafted into this world or not, had need to

be a man above the common measure, both studious, learned, and

judicious; there may be else no mean mistakes in his censure.

If he be of such worth as behoves him, there cannot be a more

tedious and unpleasing journey-work, a greater loss of time

levied upon his head, than to be made the perpetual reader of

unchosen books and pamphlets. There is no book acceptable,

unless at certain seasons; but to be enjoyned the reading of

that at all times, whereof three pages would not down at any

time, is an imposition which I cannot believe how he that

values time and his own studies, or is but of a sensible

nostril, should be able to endure.--What advantage is it to be

a man over it is to be a boy at school, if we have only 'scaped

the ferula to come under the fescue of an _Imprimatur_?--if

serious and elaborate writings, as if they were no more than

the theme of a grammar lad under his pedagogue, must not be

uttered without the cursory eyes of a temporising licenser?

When a man writes to the world, he summons up all his reason

and deliberation to assist him; he searches, meditates, is

industrious, and likely consults and confers with his judicious

friends, as well as any that writ before him; if in this, the

most consummate act of his fidelity and ripeness, no years, no

industry, no former proof of his abilities can bring him to

that state of maturity as not to be still mistrusted and

suspected, unless he carry all his considerate diligence, all

his midnight watchings, and expense of Palladian oil, to the

hasty view of an unleisured licenser, perhaps much his younger,

perhaps inferior in judgment, perhaps one who never knew the

labour of book writing; and if he be not repulsed or slighted,

must appear in print like a Punie with his guardian, and his

censor's hand on the back of his title to be his bail and

surety that he is no idiot or seducer, it cannot be but a

dishonour and derogation to the author, to the book, to the

privilege and dignity of learning."

The reader may now follow the stream in the great original; I must,

however, preserve one image of exquisite sarcasm.

"Debtors and delinquents walk about without a keeper; but

inoffensive books must not stir forth without a visible jailor

in their title; nor is it to the common people less than a

reproach; for if we dare not trust them with an English

pamphlet, what do we but censure them for a giddy, vitious, and

ungrounded people, in such a sick and weak state of faith and

discretion, as to be able to take nothing but thro' the

glister-pipe of a licenser!"

The ignorance and stupidity of these censors were often, indeed, as

remarkable as their exterminating spirit. The noble simile of Milton, of

Satan with the rising sun, in the first book of the Paradise Lost, had

nearly occasioned the suppression of our national epic: it was supposed

to contain a treasonable allusion. The tragedy of Arminius, by one

Paterson, who was an amanuensis of the poet Thomson, was intended for

representation, but the dramatic censor refused a license: as Edward and

Eleanora was not permitted to be performed, being considered a party

work, our sagacious state-critic imagined that Paterson's _own_ play was

in the same predicament by being in the same hand-writing! Malebranche

said, that he could never obtain an approbation for his "Research after

Truth," because it was unintelligible to his censors; at length Mezeray,

the historian, approved of it as a book of geometry. Latterly, in

France, it is said that the greatest geniuses were obliged to submit

their works to the critical understanding of persons who had formerly

been low dependents on some man of quality, and who appear to have

brought the same servility of mind to the examination of works of

genius. There is something, which, on the principle of incongruity and

contrast, becomes exquisitely ludicrous, in observing the works of men

of genius allowed to be printed, and even commended, by certain persons

who have never printed their names but to their licenses. One of these

gentlemen suppressed a work, because it contained principles of

government which appeared to him not conformable to the laws of Moses.

Another said to a geometrician--"I cannot permit the publication of your

book: you dare to say, that, between two given points, the shortest line

is the straight line. Do you think me such an idiot as not to perceive

your allusion? If your work appeared, I should make enemies of all those

who find, by crooked ways, an easier admittance into court, than by a

straight line. Consider their number!" This seems, however, to be an

excellent joke. At this moment the censors in Austria appear singularly

inept; for, not long ago, they condemned as heretical, two books; one of

which, entitled "_Principes de la Trigonométrie_," the censor would not

allow to be printed, because the _Trinity_, which he imagined to be

included in trigonometry, was not permitted to be discussed: and the

other, on the "Destruction of Insects," he insisted had a covert

allusion to the _Jesuits_, who, he conceived, were thus malignantly

designated.

A curious literary anecdote has been recorded of the learned Richard

Simon. Compelled to insert in one of his works the qualifying opinions

of the censor of the Sorbonne, he inserted them within crotchets. But a

strange misfortune attended this contrivance. The printer, who was not

let into the secret, printed the work without these essential marks: by

which means the enraged author saw his own peculiar opinions overturned

in the very work written to maintain them!

These appear trifling minutiæ; and yet, like a hair in a watch, which

utterly destroys its progress, these little ineptiæ obliged writers to

have recourse to foreign presses; compelled a Montesquieu to write with

concealed ambiguity, and many to sign a recantation of principles which

they could never change. The recantation of Selden, extorted from his

hand on his suppressed "Historie of Tithes," humiliated a great mind;

but it could not remove a particle from the masses of his learning, nor

darken the luminous conviction of his reasonings; nor did it diminish

the number of those who assented and now assent to his principles.

Recantations usually prove the force of authority rather than the change

of opinion. When a Dr. Pocklington was condemned to make a recantation,

he hit the etymology of the word, while he caught at the spirit--he

began thus: "If _canto_ be to sing, _recanto_ is to sing again." So that

he rechanted his offending opinions, by repeating them in his

_recantation_.

At the Revolution in England, licenses for the press ceased; but its

liberty did not commence till 1694, when every restraint was taken off

by the firm and decisive tone of the Commons. It was granted, says our

philosophic Hume, "to the great displeasure of the king and his

ministers, who, seeing nowhere in any government, during present or past

ages, any example of such unlimited freedom, doubted much of its

salutary effects; and probably thought that no books or writings would

ever so much improve the general understanding of men, as to render it

safe to entrust them with an indulgence so easily abused."

And the present moment verifies the prescient conjecture of the

philosopher. Such is the licentiousness of our press, that some, not

perhaps the most hostile to the cause of freedom, would not be averse to

manacle authors once more with an IMPRIMATUR. It will not be denied that

Erasmus was a friend to the freedom of the press; yet he was so shocked

at the licentiousness of Luther's pen, that there was a time when he

considered it necessary to restrain its liberty. It was then as now.

Erasmus had, indeed, been miserably calumniated, and expected future

libels. I am glad, however, to observe, that he afterwards, on a more

impartial investigation, confessed that such a remedy was much more

dangerous than the disease. To restrain the liberty of the press, can

only be the interest of the individual, never that of the public; one

must be a patriot here: we must stand in the field with an unshielded

breast, since the safety of the people is the supreme law. There were,

in Milton's days, some who said of this institution, that, although the

inventors were bad, the thing, for all that, might be good. "This may be

so," replies the vehement advocate for "unlicensed printing." But as the

commonwealths have existed through all ages, and have forborne to use

it, he sees no necessity for the invention; and held it as a dangerous

and suspicious fruit from the tree which bore it. The ages of the wisest

commonwealths, Milton seems not to have recollected, were not diseased

with the popular infection of publications, issuing at all hours, and

propagated with a celerity on which the ancients could not calculate.

The learned Dr. _James_, who has denounced the invention of the

_Indexes_, confesses, however, that it was not unuseful when it

restrained the publications of atheistic and immoral works. But it is

our lot to bear with all the consequent evils, that we may preserve the

good inviolate; since, as the profound Hume has declared, "The LIBERTY

OF BRITAIN IS GONE FOR EVER, when such attempts shall succeed."

A constitutional sovereign will consider the freedom of the press as the

sole organ of the feelings of the people. Calumniators he will leave to

the fate of calumny; a fate similar to those who, having overcharged

their arms with the fellest intentions, find that the death which they

intended for others, in bursting, only annihilates themselves.

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