The Prose Works of Percy Bysshe Shelley, Vol. 1 [of 2]Shelley, Percy Bysshe
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The Prose Works of Percy Bysshe Shelley, Vol. 1 [of 2]
Shelley, Percy Bysshe
English prose literature
It is really ridiculous to hear people yet boasting of this inestimable
blessing, when they daily see it successfully muzzled and outraged by
the lawyers of the Crown, and by virtue of what are called _ex officio_
informations. Blackstone says, that “if a person publishes what is
improper, mischievous, or illegal, he must take the consequences of
his own temerity.” And Lord Chief Baron Comyns defines libel as “a
contumely, or reproach, published to the defamation of the Government,
of a magistrate, or of a private person.” Now I beseech you to consider
the words mischievous, improper, illegal, contumely, reproach, or
defamation. May they not make that mischievous or improper which they
please? Is not law with them as clay in the potter’s hand? Do not the
words contumely, reproach, or defamation express all degrees and forces
of disapprobation? It is impossible to express yourself displeased at
certain proceedings of Government, or the individuals who conduct it,
without uttering a reproach. We cannot honestly point out a proper
remedy of grievances with safety, because the very mention of these
grievances will be reproachful to the personages who countenance them;
and therefore will come under a definition of libel. For the persons
who thus directly or indirectly undergo reproach, will say for their
own sakes that the exposure of their corruption is mischievous and
improper; therefore the utterer of the reproach is a fit subject for
three years’ imprisonment. Is there anything like the liberty of the
Press in restrictions so positive yet pliant as these? The little
freedom which we enjoy in this most important point comes from the
clemency of our rulers, or their fear lest public opinion, alarmed at
the discovery of its enslaved state, should violently assert a right
to extension and diffusion. Yet public opinion may not always be so
formidable; rulers may not always be so merciful or so timid; at any
rate, evils, and great evils, do result from the present system of
intellectual slavery, and you have enough to think of if this grievance
alone remained in the constitution of society. I will give but one
instance of the present state of our Press.
Public-domain text, read in full here on John Shaqi.
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