Eclectic Magazine of Foreign Literature, Science, and Art, February 1885Various
Religion
Eclectic Magazine of Foreign Literature, Science, and Art, February 1885
Various
American literature -- Periodicals; Literature -- Periodicals
the “Revolt of Islam.” “Queen Mab,” which had been written when Shelley
was eighteen, though completed only when in his twenty-first year, was
surreptitiously published while its author was in Italy—copies having
been distributed among his friends—and though adjudged by the Court
of Chancery, from which an injunction was sought for restraint of this
irregular edition, to be disentitled to privilege on the futile score
of an immorality shocking to the British constitution, it and its notes
were, so late as 1840, the subject of prosecutions and convictions to
all who openly, being men of fair fame, ventured to publish it, as Mr.
Moxon experienced.
The poets, indeed, of Shelley’s time were peculiarly unfortunate. It
is a sound enough deduction of law that what is evil—is filthy, or
blasphemous, or scandalous—cannot be for the benefit of the public
to learn of, nor therefore an object of the law, which is built on
the needs of society, to extend its protection to—a protection which
has in view the advantages of private individuals only as members of
society. But in this refusal of the active bestowment of privilege
the guardian of public morals in an individual man, in no sense a
representative of his country—a judge of the old Court of Chancery.
Now in active suppression, in punishment for enticing the public to
things contaminating and none the less subtle because presented in
intellectual form, there is indeed the benefit of the presence of a
judge, but the issue is with a jury. And the unfortunate interval,
or breach, through which public morals are so roughly assailable is
measured (usually at least) by the _sum_ of the differences
between a publication disentitled to privilege or worthy of punishment,
and the judgment of an individual or the opinion of the country. In
this vast moral interval, to say nothing of the interval of time
which rapidity in administration, on the one hand, and slowness in
administration on the other, scarcely ever fail to involve, there is an
enticement to the indifferent part of the population, or to that bold
and heroic part which dares to set up its private and painfully honest
judgment against the judgment of a Chancery judge—to trade upon the
bruited knowledge of a suspected well of evil, unchecked by unpalatable
astringency in consumption of the draught. With the narrowness of men
like Lords Eldon and Ellenborough, and the rebellious attitude held by
a nation consciously approaching to the dawn of an age of a freedom
of thought greater because more nobly and wit-wisely sanctioned, this
breach was disastrously great, and beckoned the way to a flood of
mischances directly or affectively extensive.
Public-domain text, read in full here on John Shaqi.
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