The History of England, from the Accession of James the Second - Volume 4 by Thomas Babington Macaulay (well read books txt) 📕

who disliked it were afraid to oppose it. The House yielded to the pressure of public opinion, but not without a pang and a struggle. The discussions in the committee seem to have been acrimonious. Such sharp words passed between Seymour and one of the Whig members that it was necessary to put the Speaker in the chair and the mace on the table for the purpose of restoring order. One amendment was made. The respite which the Lords had granted to the existing Parliament was extended from the first of January to Lady Day, in order that there might be full time for another session. The third reading was carried by two hundred votes to a hundred and sixty-one. The Lords agreed to the bill as amended; and nothing was wanting but the royal assent. Whether that assent would or would not be given was a question which remained in suspense till the last day of the session.378

One strange inconsistency in the conduct of the reformers of that generation deserves notice. It never occurred to any one of those who were zealous for the Triennial Bill that every argument which could be urged in favour of that bill was an argument against the rules which had been framed in old times for the purpose of keeping parliamentary deliberations and divisions strictly secret. It is quite natural that a government which withholds political privileges from the commonalty should withhold also political information. But nothing can be more irrational than to give power, and not to give the knowledge without which there is the greatest risk that power will be abused. What could be more absurd than to call constituent bodies frequently together that they might decide whether their representative had done his duty by them, and yet strictly to interdict them from learning, on trustworthy authority, what he had said or how he had voted? The absurdity however appears to have passed altogether unchallenged. It is highly probable that among the two hundred members of the House of Commons who voted for the third reading of the Triennial Bill there was not one who would have hesitated about sending to Newgate any person who had dared to publish a report of the debate on that bill, or a list of the Ayes and the Noes. The truth is that the secrecy of parliamentary debates, a secrecy which would now be thought a grievance more intolerable than the Shipmoney or the Star Chamber, was then inseparably associated, even in the most honest and intelligent minds, with constitutional freedom. A few old men still living could remember times when a gentleman who was known at Whitehall to have let fall a sharp word against a court favourite would have been brought before the Privy Council and sent to the Tower. Those times were gone, never to return. There was no longer any danger that the King would oppress the members of the legislature; and there was much danger that the members of the legislature might oppress the people. Nevertheless the words Privilege of Parliament, those words which the stern senators of the preceding generation had murmured when a tyrant filled their chamber with his guards, those words which a hundred thousand Londoners had shouted in his ears when he ventured for the last time within the walls of their city; still retained a magical influence over all who loved liberty. It was long before even the most enlightened men became sensible that the precautions which had been originally devised for the purpose of protecting patriots against the displeasure of the Court now served only to protect sycophants against the displeasure of the nation.

It is also to be observed that few of those who showed at this time the greatest desire to increase the political power of the people were as yet prepared to emancipate the press from the control of the government. The Licensing Act, which had passed, as a matter of course, in 1685, expired in 1693, and was renewed, not however without an opposition, which, though feeble when compared with the magnitude of the object in dispute, proved that the public mind was beginning dimly to perceive how closely civil freedom and freedom of conscience are connected with freedom of discussion.

On the history of the Licensing Act no preceding writer has thought it worth while to expend any care or labour. Yet surely the events which led to the establishment of the liberty of the press in England, and in all the countries peopled by the English race, may be thought to have as much interest for the present generation as any of those battles and sieges of which the most minute details have been carefully recorded.

During the first three years of William's reign scarcely a voice seems to have been raised against the restrictions which the law imposed on literature. Those restrictions were in perfect harmony with the theory of government held by the Tories, and were not, in practice, galling to the Whigs. Roger Lestrange, who had been licenser under the last two Kings of the House of Stuart, and who had shown as little tenderness to Exclusionists and Presbyterians in that character as in his other character of Observator, was turned out of office at the Revolution, and was succeeded by a Scotch gentleman, who, on account of his passion for rare books, and his habit of attending all sales of libraries, was known in the shops and coffeehouses near Saint Paul's by the name of Catalogue Fraser. Fraser was a zealous Whig. By Whig authors and publishers he was extolled as a most impartial and humane man. But the conduct which obtained their applause drew on him the abuse of the Tories, and was not altogether pleasing to his official superior Nottingham.379 No serious difference however seems to have arisen till the year 1692. In that year an honest old clergyman named Walker, who had, in the time of the Commonwealth, been Gauden's curate, wrote a book which convinced all sensible and dispassionate readers that Gauden, and not Charles the First, was the author of the Icon Basilike. This book Fraser suffered to be printed. If he had authorised the publication of a work in which the Gospel of Saint John or the Epistle to the Romans had been represented as spurious, the indignation of the High Church party could hardly have been greater. The question was not literary, but religious. Doubt was impiety. In truth the Icon was to many fervent Royalists a supplementary revelation. One of them indeed had gone so far as to propose that lessons taken out of the inestimable little volume should be read in the churches.380 Fraser found it necessary to resign his place; and Nottingham appointed a gentleman of good blood and scanty fortune named Edmund Bohun. This change of men produced an immediate and total change of system; for Bohun was as strong a Tory as a conscientious man who had taken the oaths could possibly be. He had been conspicuous as a persecutor of nonconformists and a champion of the doctrine of passive obedience. He had edited Filmer's absurd treatise on the origin of government, and had written an answer to the paper which Algernon Sidney had delivered to the Sheriffs on Tower Hill. Nor did Bohun admit that, in swearing allegiance to William and Mary, he had done any thing inconsistent with his old creed. For he had succeeded in convincing himself that they reigned by right of conquest, and that it was the duty of an Englishman to serve them as faithfully as Daniel had served Darius or as Nehemiah had served Artaxerxes. This doctrine, whatever peace it might bring to his own conscience, found little favour with any party. The Whigs loathed it as servile; the Jacobites loathed it as revolutionary. Great numbers of Tories had doubtless submitted to William on the ground that he was, rightfully or wrongfully, King in possession; but very few of them were disposed to allow that his possession had originated in conquest. Indeed the plea which had satisfied the weak and narrow mind of Bohun was a mere fiction, and, had it been a truth, would have been a truth not to be uttered by Englishmen without agonies of shame and mortification.381 He however clung to his favourite whimsy with a tenacity which the general disapprobation only made more intense. His old friends, the stedfast adherents of indefeasible hereditary right, grew cold and reserved. He asked Sancroft's blessing, and got only a sharp word, and a black look. He asked Ken's blessing; and Ken, though not much in the habit of transgressing the rules of Christian charity and courtesy, murmured something about a little scribbler. Thus cast out by one faction, Bohun was not received by any other. He formed indeed a class apart; for he was at once a zealous Filmerite and a zealous Williamite. He held that pure monarchy, not limited by any law or contract, was the form of government which had been divinely ordained. But he held that William was now the absolute monarch, who might annul the Great Charter, abolish trial by jury, or impose taxes by royal proclamation, without forfeiting the right to be implicitly obeyed by Christian men. As to the rest, Bohun was a man of some learning, mean understanding and unpopular manners. He had no sooner entered on his functions than all Paternoster Row and Little Britain were in a ferment. The Whigs had, under Fraser's administration, enjoyed almost as entire a liberty as if there had been no censorship. But they were now as severely treated as in the days of Lestrange. A History of the Bloody Assizes was about to be published, and was expected to have as great a run as the Pilgrim's Progress. But the new licenser refused his Imprimatur. The book, he said, represented rebels and schismatics as heroes and martyrs; and he would not sanction it for its weight in gold. A charge delivered by Lord Warrington to the grand jury of Cheshire was not permitted to appear, because His Lordship had spoken contemptuously of divine right and passive obedience. Julian Johnson found that, if he wished to promulgate his notions of government, he must again have recourse, as in the evil times of King James, to a secret press.382 Such restraint as this, coming after several years of unbounded freedom, naturally produced violent exasperation. Some Whigs began to think that the censorship itself was a grievance; all Whigs agreed in pronouncing the new censor unfit for his post, and were prepared to join in an effort to get rid of him.

Of the transactions which terminated in Bohun's dismission, and which produced the first parliamentary struggle for the liberty of unlicensed printing, we have accounts written by Bohun himself and by others; but there are strong reasons for believing that in none of those accounts is the whole truth to be found. It may perhaps not be impossible, even at this distance of time, to put together dispersed fragments of evidence in such a manner as to produce an authentic narrative which would have astonished the unfortunate licenser himself.

There was then about town a man of good family, of some reading, and of some small literary talent, named Charles Blount.383 In politics he belonged to the extreme section of the Whig party. In the days of the Exclusion Bill he had been one of Shaftesbury's brisk boys, and had, under the signature of Junius Brutus, magnified the virtues and public services of Titus Oates, and exhorted the Protestants to take signal vengeance on the Papists for the fire of London and for the murder of Godfrey.384 As to the theological questions which were in issue between Protestants and Papists, Blount was perfectly impartial. He was an infidel, and the head of a small school of infidels who were troubled with a