The magazine of history with notes and queries (Vol. I, No. 5, May 1905) — John Shaqi
The magazine of history with notes and queries (Vol. I, No. 5, May 1905)Various
History
The magazine of history with notes and queries (Vol. I, No. 5, May 1905)
Various
History -- Periodicals; United States -- History -- Periodicals
With the Restoration of Charles II the control of the press was
continued by means of the Licensing Act of 1662, passed several times
for periods of two years, finally expiring in 1679.[42] This was
essentially a republication of the Star Chamber order of 1637, but since
the Star Chamber no longer existed the scene was changed from that Court
to the Old Bailey. In 1679, at the trial of Henry Carr,[43] indicted for
some passages in a weekly paper, the Lord Chief Justice Scroggs declared
it criminal at common law to “write on the subject of government,
whether in terms of praise or censure, it is not material; for no man
has a right to say anything of government.” In 1685, on the accession of
James II, the Licensing Act was passed for a period of seven years, and
in 1692, (during the reign of William and Mary), it was renewed for one
year and the session of the following Parliament. In 1695 the House of
Commons refused to again pass it, and in this way the Act expired, never
to be renewed, and the press was placed on a footing of equality before
the law with all other trades and occupations. And yet, as has been well
pointed out by Macaulay,[44] the reasons given by the Parliament for
their action did not in any way touch on the question of the
rightfulness of a free press, but rather dealt with certain complaints
in regard to the provisions of the law and the mode of application.
“This paper,” he writes, “completely vindicates the resolution to which
the Commons had come. But it proves at the same time that they knew not
what they were doing, what a power they were calling into existence.
They pointed out concisely, clearly, forcibly, and sometimes with a
grave irony which is not unbecoming, the absurdities and iniquities of
the statute which was about to expire. But all their objections will be
found to relate to matters of detail. On the great question of
principle, on the question whether the liberty of unlicensed printing
be, on the whole, a blessing or a curse to society, not a word is said.
The Licensing Act is condemned, not as a thing essentially evil, but on
account of the petty grievances, the exactions, the jobs, the commercial
restrictions, the domiciliary visits, which were incidental to it. It is
pronounced mischievous because it enables the Company of Stationers to
extort money from publishers, because it empowers agents of the
government to search houses under the authority of general warrants,
because it confines the foreign book trade to the port of London,
because it detains packages of books at the Custom House till the pages
are mildewed. The Commons complain that the amount of the fee which the
licensers may demand is not fixed. They complain that it is made penal
in an officer of the Customs to open a box of books from abroad, except
in the presence of one of the censors of the press. How, it is very
sensibly asked, is the officer to know that there are books in the box
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