Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
For this vigilance, and indeed for almost all that keeps up in us,
permanently and effectually, the spirit of regard to liberty and the
public good, we must look to the unshackled and independent energies
of the press. In the reign of William III., and through the influence
of the popular principle in our constitution, this finally became
free. The licensing act, suffered to expire in 1679, was revived in
1685 for seven years. In 1692, it was continued till the end of the
session of 1693. Several attempts were afterwards made to renew its
operation, which the less courtly whigs combined with the tories and
jacobites to defeat.[253] Both parties indeed employed the press with
great diligence in this reign; but while one degenerated into
malignant calumny and misrepresentation, the signal victory of liberal
principles is manifestly due to the boldness and eloquence with which
they were promulgated. Even during the existence of a censorship, a
host of unlicensed publications, by the negligence or connivance of
the officers employed to seize them, bore witness to the inefficacy of
its restrictions. The bitterest invectives of jacobitism were
circulated in the first four years after the revolution.[254]
_Liberty of the press._--The liberty of the press consists, in a
strict sense, merely in an exemption from the superintendence of a
licenser. But it cannot be said to exist in any security, or
sufficiently for its principal ends, where discussions of a political
or religious nature, whether general or particular, are restrained by
too narrow and severe limitations. The law of libel has always been
indefinite; an evil probably beyond any complete remedy, but which
evidently renders the liberty of free discussion rather more
precarious in its exercise than might be wished. It appears to have
been the received doctrine in Westminster Hall before the revolution,
that no man might publish a writing reflecting on the government, nor
upon the character, or even capacity and fitness, of any one employed
in it. Nothing having passed to change the law, the law remained as
before. Hence in the case of Tutchin, it is laid down by Holt, that to
possess the people with an ill opinion of the government, that is, of
the ministry, is a libel. And the attorney-general, in his speech for
the prosecution, urges that there can be no reflection on those that
are in office under her majesty, but it must cast some reflection on
the queen who employs them. Yet in this case the censure upon the
administration, in the passages selected for prosecution, was merely
general, and without reference to any person, upon which the counsel
for Tutchin vainly relied.[255]
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