During the Commonwealth, there
were popular journals called the Public Intelligencer, and the Parliamentary Intelligencer.
were popular journals called the Public Intelligencer, and the Parliamentary Intelligencer.
Hunt - Fourth Estate - History of Newspapers and Liberty of Press - v1
Putney, Sept 20.
The Parliament had little free will; and accordingly, on the 30th of September, 1647,both Houses agreed
to an ordinance declared to be "for the better regula tion of printing. " The following abstract of it is
given in the Parliamentary History : —
" The Lords and Commons in Parliament assembled, taking
notice of the many seditious, false, and scandalous pamphlets daily printed and published in and about London and West minster, and thence dispersed into all parts of this realm, and other parts beyond the seas, to the great abuse and prejudice of the people, and unsufferable reproach of the proceedings of the Parliament and their army; for the better suppression thereof and prevention of the like inconveniences for the time to come, do order and ordain :—I. That what person soever shall make, write, print, publish, sell, or utter, any Book, Pamphlet,
THE PARLIAMENT REGULATES PRINTING. 131
Treatise, Ballad, Libel, or Sheet of News, whatsoever, or cause so to be done, except the same be licensed by both or either House of Parliament, or by such persons as shall be thereunto authorized by one or both Houses of Parliament, with the name of the author, printer, and licenser thereunto prefixed, shall, for every such offence, suffer, pay, and incur the punishment, fine, and penalty hereafter mentioned, viz : — The maker, writer, or
composer of any such unlicensed Book, &c, shall forfeit and pay 40s. , or be imprisoned in the common goal for the county or liberty where the offence is committed, or the offender shall be found, until he shall pay the sum, so that the said imprisonment exceed not 40 days. The printer to pay 20s. , and suffer the like
till he pay the same, the said imprisonment not to exceed 20 days ; and likewise to have his press and imple ments of imprinting seized and broken in pieces. The book seller or stationer to forfeit and pay 10s. , or to be imprisoned in like manner till he pay the same, the imprisonment not exceeding
10 days : and the hawker, pedlar, or ballad- singer to forfeit and lose all his books, pamphlets, or printed papers exposed to sale ; and also to be whipped as a common rogue in the liberty or parish where the said offender shall be apprehended, or the offence committed. II. The several and respective Commis sioners for the Militia in London, Middlesex, and Surrey, and all Mayors and other head-officers of corporations, and all Justices of the Peace of the several counties, cities, and liberties in England and Wales, and every of them, in their respective liberties and jurisdictions, are hereby authorized and required
to put this ordinance in execution ; and all constables, head- boroughs, and other officers, are hereby authorized and required to put this ordinance in execution; and, together with such assistance as they shall call unto them, to enter into any shop or house where they shall be informed, or have good cause to suspect, any such unlicensed pamphlets or papers are printed or sold, and to seize the same, and likewise all presses and implements of printing, and to bring them, together with the offenders, before the said Commissioners, Mayors, &c, or any one of them ; so that the fines, pains and penalties before-mentioned may be inflicted upon the offenders, according to the intent and
J2
imprisonment
132 THE FOURTH ESTATE.
meaning of this ordinance. III. The view of any one Justice of the Peace, head-officer, or Commissioner aforesaid, or the oath of one credible witness, (which oath, in such case, they are hereby authorized to administer,) shall be a sufficient conviction of any offender in the cases before recited ; and the same Justices of the Peace, Mayors, &c. have hereby authority to dispose of one moiety of the fines paid by virtue of this ordinance, to the collectors of the poor for the liberty or parish where the offence is committed, and the other moiety to the person who shall discover and prosecute the said offenders. IV. All persons acting anything by virtue of this ordinance shall be indemnified by authority of both Houses of Parliament. Provided always, That the penalties in this ordinance expressed shall not extend to acquit any person that shall make, write, print, publish, or sell, or cause to be so done, any Books, &c. , that shall contain any seditious, treasonable, or blasphemous matter; but the offenders in that kind shall be liable to such further panalties as by the laws of this land are provided, or by authority of Parliament shall be adjudged, according to the penalty of such offences. "
The desire of the successful General Sir Thomas Fairfax was complied with, and Mabbott became li censer — an ungracious post for a man of honour and probity, and one which Mabbott resigned after a full trial of its troublesome duties. *
* Mabbott thus explained his reasons in a number of the Diurnal :— I. Because many thousands of scandalous and malignant pamphlets have been published with his name thereunto, as if he had licensed the same, (though he never saw them,) on purpose (as he conceives) to preju dice him in his reputation amongst the honest party of this nation. II. Because that employment (he conceives) is unjust and illegal, as to the ends of its first institution, viz. , to stop the press from publishing anything that might discover the corruption of Church and State in the time of Popery, Episcopacy, and tyranny ; the better to keep the people in ignorance, and carry on their popish, factious, and tyrannical designs for the enslaving and destruction both of the bodies and souls of all the free people of this nation. III. Because licensing is as
THE ATTACKS ON CROMWELL. 133
A few months after the censor had been installed, the committee appointed to suppress the licentiousness of printing received orders to sit every day, and a sum was put at their disposal to reward those who should discover and seize the presses of the malignants. *
Meanwhile the Eevolution progressed, and the King was beheaded, but not without some protests from the press. Many writers did not scruple to attack Crom well and his policy, when he became the virtual possessor of kingly power. Lilburn was one of those who had courage for this dangerous duty; and he, with others, felt the weight of the Lord Protector's
however, seem to have been little disturbed by the new aspect of affairs, for they
displeasure. Newspapers,
with punctuality, and were despatched in great numbers by the weekly post. Many of them were, by this time, regularly paged.
In 1653, Cromwell was assailed so bitterly that he sought the aid of the strong hand. In that year the Council of State made a report to the Parliament "of several seditious and scandalous pamphlets coming out, tending to the disturbance of the Commonwealth;" and, further, that " they had employed divers persons to
great a monopoly as ever was in this nation, in that all men's judg ments, reasons, &c. , are to be bound up in the licenser's (as to licens ing) ; for if the author of any sheet, book, or treatise, write not to please the fancy, and come within the compass, of the licenser's judg ment, then he is not to receive any stamp of authority for publishing thereof. IV. Because it is lawful (in his judgment) to print any book, sheet, &c, without licensing, so as the author and printers do subscribe their true names thereunto, that so they may be liable to answer the contents thereof ; and if they offend therein, then to be punished by such laws as are or shall be for those cases provided.
* Rushworth, Vol. II. , p. 957.
appeared
134 THE FOURTH ESTATE.
find out the authors, printers, and publishers thereof. " One of these, entitled "A Charge of High Treason against Oliver Cromwell, Esq. , for several treasons by him committed," was read, and some information given as to who were the printers of the obnoxious statements. "The House referred the matter back to the Council, to prepare and present what they thought fit to be done in the case, and for the prevention of the like evils for the future. "
But these partial efforts against those who offended by their too great freedom of the pen, were not intended to destroy that freedom altogether. The proceedings of the Parliament were still published, and Newspapers were issued without any check. The Restoration of Charles the Second, however, changed all this, and the return of a King to Whitehall became the signal for-yery decided measures againstthe press. Having now for many years been accustomed to great liberty of expression, the public writers of the day did not hesitate to criticise public proceedings as they had been used to do. This was soon interfered with. In
1660, an order from the Council of State stopped the
Mercurius Politicus, and granted ta'^iKftjfayoured
named Muddiman and Giles, authority to publish the News every Monday and Thursday ; but
this was only a step towards the suppression of liberty of printing, which the restored authorities had in view. Another act was to forbid the publication of the pro ceedings in Parliament,* and when, in addition to this,
* These publications of Parliamentary proceedings were interdicted soon after the Restoration, as appears from a debate in Grey's Collection, March 24, 1681 ; in consequence of which, the notes of the House of Commons were first printed by authority of Parliament.
persons,
THE LIBERTY OF THE PRESS DESTROYED. 135
aJaw recei\^e^he_SMic^n ofjie . legislature, placing all publications under the rod of a licenser, the liberty of the press almost ceased to exist. This law was passed the year after Charles the Second had obtained possession of the throne, and was worthy of the assem bly which gained for itself the name of the "Pensionary Parliament. " Before this act had passed, proceedings had been taken against a merchant named Drake, for the publication of some remarks on the question whether or not the Long Parliament was legally dis solved ; but the House had found their powers deficient for the punishment of the offenders, and though one honourable member* had suggested that Drake should be hanged by the neck, whilst his writings were burnt under his feet, and another proposed a public recanta tion by the delinquent, whilst his works were being destroyed by the hangman, no measures were really carried out against the offending writer, beyond the exhibition of articles of impeachment against him, and an extorted confession of his regret for the offence he had committed against the new authorities, f Such inability for vengeance did not long continue. In
I6/2, an act was passed " for preventing the frequent abuses in printing seditious, treasonable, and unlicensed books and pamphlets, and for regulating of printing and printing presses. " This enactment mapped out,
* State Trials, Vol. V. , pp. 1363-70.
f These members who would have hanged Drake were the same who voted that the dead bodies of Cromwell, Ireton, Bradshaw, and Pride, should be taken from their graves and be hanged at Tyburn ; and that the head of the defunct ruler of England, should be set on a pole at the top of Westminster Hall ; which was done January 30, 1661.
136 THE FOURTH ESTATE.
as it were, the literature of the time, and gave different official persons an authority to say what should be printed in each division, and what should be sup pressed. The Lord Chancellor and the Judges were to be censors of all legal works ; the Secretary of State was to say what histories, and what political writings, should appear. The Archbishop of Canterbury and the Bishop of London were made censors of philoso phy, physics, and religion. But this was not all. No presses or printing were permitted, except in London and York and in the chief Universities ; and the Chancellors of those learned bodies, and the Stationers' Company in London, were allowed a monopoly of the press, and made responsible for all that was produced under their sanction. Any presses set up elsewhere, were declared illegal, and authority was given to seize all such, and to take possession of all clandestine
publications. Finally, the writers who contributed to unlawful presses were made amenable to a court of which the Archbishop of Canterbury and the Bishop of London were the chief officers. *
The results of this censorship were lamentable. In place of political discussion, the press now produced licentious poetry and other incentives to dissipation and vice. Puritan strictness gave place to courtly licentiousness, and the verses of Rochester sought the
popularity once enjoyed by the prose of Prynn, Bast- wick, and Milton. Paradise Lost was almost wrecked
* See 13 and 14 Chas. II. , c. 33; continued by 16 Chas. II. , c. 8; 16 and 17 Chas. II. , c. 7 ; 17 Chas. II. , c. 4; and further continued for seven years, from 24th of June, 1685, by 1 James II. , c. 17, § 15; and continued for one year longer by 4 and 5 William and Mary, c. 24, § 14.
THE CAREER OF L'eSTRANGE. 137
by the censorship, and seemed so unsuited to the new tempers of the times, that the copyright produced not
a sixth part of the sum charged by the House of Commons as the price of its author's release from custody. * Religious freedom was attacked by the Act of Uniformity, and no independent journals fought the battle of the oppressed; for journalism became. ihe
~~~
privile^ajPljt^ojirjtifil.
Though the immoral example of the Court helped
to corrupt the taste of the public, and the newly gained power of the King was used to crush free discussion, it was found impossible to stop the demand for News papers, and hence a determination to patronize one which should be subservient to the _ views" of the authorities. The journalist on whom the Government favour was bestowed was Roger L'Estrange, an accom plished scholar, who had fought and suffered for the Royal cause. He was the son of a Norfolk gentleman, SirHammondL'Estrange of Hunstanton Hall, a zealous supporter of Charles the First . t The future j ournalist was born in 1616, and, whilst yet young, accompanied
* Dec. 17, 1660. Mr. John Milton having now laid long in cus tody of the Sergeant at Arms, he was released by order of the House. Soon after, Mr. Andrew Marvel complained that the Sergeant had exacted £150 fees of Mr. Milton ; whichwas seconded by Col. King, and Col. Sharpcot. On the contrary, Sir Heneage Finch observed, That Milton was Latin secretary to Cromwell, and deserved hanging. However this matter was referred to the committee of privileges to examine and decide the difference. Pari. Hist. , Vol. IV. , p. 162.
t This old Cavalier was a staunch Royalist ; and when the King and the Parliament were in arms, he became governor of Lynn, the market town of that part of the county of Norfolk where his estates lay. His descendants still enjoy Hunstanton, though the Parliament deprived Sir Hammond of his property for a time.
138 THE FOURTH ESTATE.
the King in his expedition to Scotland. In 1644 he
was taken prisoner by the Parliamentarians whilst
attempting to surprise the town of Lynn, was tried by Court Martial, condemned and sentenced to death as a spy—coming from the King's quarters "without drum, trumpet, or flag. Whilst waiting in Newgate," says Chalmers, "for the execution of his sentence, he petitioned the Lords, and obtained a respite forfourteen days, this was afterwards prolonged, and he thus lay for four years in prison in continual fear of execution. At length, in 1 648, he escaped, and proceeded to Kent,
where he attempted to raise an insurrection; but, failing in his endeavour, he with great difficulty reached the Continent, where he remained until 1 653 ; but, on the dissolution of the Long Parliament, he returned to England, and gave notice of his return, believing that he came within the act of indemnity ; this was denied by the opposite party, but he received hi&-POTd,P. n in October in the same year, having applied personally to Cromwell. His appearance at the Court of Cromwell was much censured, after the Restoration, by some of the Royal party, who also objected to him that he had once been heard playing in a concertwhere the Usurper
was present. He became a Newspaper writer, but on the restoration of King Charles the Second he appears to have been in want; and, together with other neglected Cavaliers, appealed to the Court for patronage. Soon afterwards the pen, which he had used before, was taken up again, to be employed as the weapon of a Government journalist. The title he adopted for his Paper was The Intelligencer.
Newspaper articles and political tracts were not the
A NIGHT SEAECH. 139
only productions of L'Estrange. He found time, amid the bustle of a stirring life, and in dangerous times, to translate Josephus, Cicero's Offices, the Colloquies of Erasmus, Seneca's Morals, and iEsop's Fables. This Newspaper writer, thus far, did honour to the profession of the press, by bringing to its service much
energy, talent and learning, which, if dimmed at times by party
rancour, still contributed in the main to the improve
ment of the style and manner of early Newspapers.
In the index to the statutes at large, under the heading, " Printers and Printing Press," the reader is
directed to " see seditious societies. "* A fine commen
tary this on the character of our law makers. They
do not legislate to help the press in the good it might effect, but only make laws to cripple it when a govern ment finds such interference convenient. The statutes of Charles the Second afford abundant illustration of this.
Under the new law enforcing the censorship, L'Es trange, the journalist, became the chief executive officer; and, judging by facts that are on record, a scholar and a man of proper feelings must often have blushedfor his new occupation. The Star Chamber was gone beyond
revival, and the Old Bailey became the court where sinners against the press laws were arraigned. The new
statute soon captured a few victims, and a Tyburn audience was assembled to witness the execution of a troublesome printer.
On an October night in 1663, the Licenser L'Es trange, having received secret information, set out on a search for illegal publications. He had with him a
* Raithby's Index to Statutes.
1 10
THE FOURTH ESTATE.
party of assistants, which included four persons, named Dickinson, Mabb, Wickham, and Story. These men were called up after midnight, and made their way by L'Estrange's directions to Cloth Fair. "This had been Milton's hiding-place, when he had fall'n on evil days;" and here now lived another heterodox thinker: a printer named John Twyn, whose press had been betrayed to the authorities as one whence illegal thoughts were spread. When called on afterwards to give evidence as to what happened, Wickham described how he met Mr. L'Estrange near Twyn's house, and how " they knocked at least half an hour before they got in ;" and how they listened, and " heard some papers tumbling down, and heard a rattling above, before they went up. " The door being opened by its unfortunate owner, Wickham was posted at the back door, whilst another stood in front, and the rest of the searchers went over the premises. Efforts had been made to destroy the offending sheets; the type had been broken up, and a portion of the publications had been cast into the next house. Enough, however, was found to support a charge. Twyn's apprentice was
put into the witness box to give evidence against his master, and the judges were ready to coincide with Mr. Serjeant Morton, who appeared for the Crown, and declared Twyn's offence to be treason. The obnoxious book repeated the arguments often urged during the Commonwealth, "that the execution of judgment and justice is as well the people's as the magistrate's duty ; and, if the magistrates pervert judgment, the people are bound by the law of God to execute judg ment without them, and upon them. " In his defence,
SENTENCE ON TWYN. 141
Twyn said, he had certainly printed the sheets; he " thought it was mettlesome stuff, but knew no hurt in it;" that the copy had been brought him by one Cal vert's maid-servant, and that he had got forty shillings by printing it. He pleaded, moreover, in excuse, that he was poor, and had a family dependant on his labour for their bread. Such replies were vain, and the jury found him guilty.
" I humbly beg mercy," cried Twyn, when this
terrible word was pronounced. " I humbly beg mercy never read a word of it. "
; I am a poor man, and have three small children; I
"I
Chief Justice Hyde, to whom this plea for clemency was addressed, "ask mercy of them that can give it: that is, of God and the King. "
'11 tell you what you shall do,"
responded
the
"I humbly beseech you to intercede with His Ma jesty for mercy," piteously exclaimed the condemned
printer.
" Tie him up, executioner," was the only reply; and
Hyde proceeded to pronounce sentence. To read this sentence in the record of the trial makes the blood run cold. " I speak it from my soul," said this syco phant Chief Justice, " I think we have the greatest happiness in the world in enjoying what we do under so gracious and good a King" (this was spoken of
Charles the Second, be it remembered); "yet you, Twyn, in the rancour of your heart thus to abuse him, deserve no mercy ! " After some further expressions of loyalty,
and a declaration that it was high time an example should be made to deter those who would avow the killing of kings, he ordered that Twyn should be
142 THE FOURTH ESTATE.
drawn upon a hurdle to the place of execution ; that he be hanged by the neck, and, being alive, that he should be cut down, and that his body be mutilated in a way which decency now forbids the very mention of ; that his entrails should afterwards be taken out, " and, you still living, the same to be burnt before your eyes; your head to be cut off, and your head and quarters to be disposed of, at the pleasure of the King's Ma jesty. "
" I humbly beseech your Lordship," again cried Twyn in his agony, " to remember my condition, and intercede for me. "
" I would not intercede," replied sanguinary Judge Hyde in the cruelty of his heart, " for my own father in this case, if he were alive. " And the unhappy printer was led back into Newgate, only to leave it for Tyburn ; where the sentence was soon afterwards carried out; his head and the quarters of his body being set up to fester and rot " on Ludgate, Aldersgate, and the other gates of the city. "*
Other printers were seized and tried, but escaped more lightly than Twyn. Simon Dover, Thomas Brewster, and Nathan Brooks, were indicted at the Old Bailey, for printing the speeches and prayers of some of the regicides. Newspapers dared not, under the new regime, publish such things, and the accused printers had ventured on their issue in a separate pamphlet. For this they narrowly escaped the gallows, and their temerity was punished by the pillory, by long imprisonment, and ruinous fines. L'Estrange it was who became the instrument for the apprehension of
. * State Trials, Vol. VI. , p. 539.
printers' HOUSES BROKEN OPEN. 143
all such offenders. His evidence, in one case, will show how he was obliged to proceed. " I came to the house of Nathan Brooks," said he, "about October last, and knocking at the door, they made a difficulty about letting me in. At last, seeing not how to avoid it, Brooks opened the door, and I asked him what he was ? He told me he was the master of the house. By and by comes one that lodged in the house, and throws down this book" (showing a book) " in the kitchen, with this expression, ' I
'11 not be for hanged
never a rogue of you all : Do you hide your books in my chamber ? ' This book had the speeches in it, and other schismatical treatises. After this I searched the next house ; and there I found more difficulty to get in. But, after a long stay, I saw the second floor in a blaze ; and then, with a smith's sledge, I endea voured to force the door, and one comes down and opens the door. I went in, and upstairs, where I found about two hundred copies of the Prelatick Preachers, and certain notes of Nathan Brooks, wherein he men tions the delivery of several of these speeches, and other seditious pamphlets. " A charming occupation this for a Cavalier, a scholar, and a gentleman —a compound of spy, inquisitor, and policeman !
Lord Hyde found another occasion for the display of loyal brutality in the case of Benjamin Keach, who was put on his trial at Aylesbury assizes in 1665, for having written a small book, in which it was urged that laymen might preach the gospel —an indictable doctrine. When brought into court the accused was
treated so shamefully by the judge, that, a century afterwards, the conduct of Hyde became the subject
M! THE FOURTH ESTATE.
of severe comment in the House of Commons. * Keach avowed the authorship of the publication, and would have spoken in defence of but the Chief Jus tice interrupted him, by loudly declaring that the prisoner " should not preach in that court to seduce and infect His Majesty's subjects," and added, " he would try him before he slept. " He did try him, and sentence him also, and Keach stood twice in the pillory whilst his book was burned by the hangman before
his face. fine and imprisonment were also inflicted upon him, which he suffered, "but he was never brought to make recantation. "f Indeed the fortitude of the early martyrs of the press forms prominently remarkable feature in what remains to us of their history.
the censor was also L'Estrange the Newspaper editor.
During the Commonwealth, there
were popular journals called the Public Intelligencer, and the Parliamentary Intelligencer. With the Res- toration, and the changes for the worse that made in the Newspapers, came changes of title, and, instead of Parliamentary Intelligencer, the people were offered
Kingdom's Intelligencer. The biographer of the new ruler of the press thus refers to L'Estrange's proceed ings in relation to and also to the career of the
licenser —
L'Estrange, who had received the appointment of licenser
of the press, and held the office until the eve of the Revolution in 1663, for further support, he set up Paper called " The Public Intelligencer and the News " the first of which came out the 1st of August, and continued to be published until January 19, 1665; when he laid down, in the design then
* Parliament. Hist. , Dec. 1770. State Trials, Vol. VI. , p. 710.
L'Estrange
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ROGER L'ESTRANGE. US
concerted of publishing the London Gazette, the first of which Papers made its appearance on Saturday, September 4, Many years later, in 1679, he set up a Paper, called " The Observator," to vindicate the King and Court from the charge of being inclined to Popery. In 1681 he ridiculed the Popish Plot so violently, that he raised himself many enemies. He acted in the same manner with regard to the Fanatic Plot in the follow ing year ; but, having weathered all these storms, he was re warded with the honour of knighthood in the succeeding reign. In 1687 he was obliged to lay down the Observator, as he could not agree with the " toleration proposed by His Majesty, though in all other respects he had gone the utmost lengths. " His advocacy of the measures of James the Second caused him to be suspected of Popery, and he was at considerable pains to contradict the charge. On the accession of William and Mary, he was looked upon as a disaffected person, and attacked by many of the writers of the day. Even the Queen herself showed her contempt of him, by the following anagram she made on his name :—
" Roger L'Estrange,
Lying strange Roger. "
Among others who attacked the character of Sir Roger was
the noted Miles Prance, who was convicted of perjury in the affair of the murder of Sir Edmundbury Godfrey. Echard, in his History of England, gives us an anecdote of these two worthies, which seems characteristic of both parties. Echard says that Dr. Sharp told him, when Archbishop of York, that while he was Rector of St. Giles's-in-the-Fields,
L'Estrange, the famous Richard Baxter, and Miles Prance, on a certain sacrament day, all approached the communion table, L'Estrange at one end, Prance at the other, and Baxter in the middle;
that these two by their situation were administered to before L'Estrange, who when it came to his turn, taking the bread in his hand, asked the doctor if he knew who that man (pointing to Prance) on the other side of the rails was ; to which, the doctor answering in the negative, L'Estrange replied, " That is Miles Prance, and I here challenge him, and solemnly declare before God and this congregation, that what that man has sworn
VOL. I.
K
146 THE FOURTH ESTATE.
or published concerning me, is totally and absolutely false, and may this sacrament be my perdition if all this declaration be not true. " Echard says that Prance was silent, Mr. Baxter took special notice of and Dr. Sharp declared that he would have refused Prance the sacrament had the challenge been made in time.
Sir Roger L'Estrange died September 11, 1704, in the eighty-eighth year of his age he was buried in the Church of
St. Giles's-in-the-Fields, where an inscription to his memory was placed. Granger says,* " He was one of the great cor rupters of our language, by excluding vowels and other letters not commonly pronounced, and introducing pert and affected phrases. Speaking of Queen Mary's anagram on L'Estrange, Granger remarks, " This naturally introduces the distich made by Lee, who by years was so strangely altered as scarce to be recollected by his old friend —
Faces may alter, names can't change
am strange Lee altered; you are still L'Estrange. "
The restraint of the press was not exercised without producing murmurs from those who suffered
and L'Estrange's was not the only pen called into activity in defence of the obnoxious law. In 1679, the Church supplied an advocate for the censor ship, when one Dr. Francis regory, rector of Humble- don, came to the aid of the Government with what he entitled, " Modest Plea for the Due Regulation of the Press, humbly submitted to the judgment of au thority. " On the opposite side there appeared pleader who attracted much attention by pamphlet described as " Just Vindication of Learning, or Humble Address to the High Court of Parliament in behalf of Liberty of the Press, by Philopatris. "t The
writerof this says: — " Nothing would be more conducive Biog. Hist. Engl. , Vol. IV. , p. 70. London, 1769.
by
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AN ARGUMENT FOR A FREE PRESS. 147
( for the preventing of the Popish priests doing mischief)
than the propagating of wisdom and
among the populace; since, as ignorance renders men obedient and susceptible of the meanest slavery, so does it contrary put all men on their guard : Omnes
enim nos sumus, aut corvi qui lacerant, aut cadavera quce lacerantur. Now, for the more speedy effecting hereof, there hath never been discovered any better
expedient amongst men than that of the liberty of the press, whereby whoever opposes the public interest are exposed and rendered odious to the people ; as, on the contrary, they who merit well of their country are ever recorded with immortal honour to posterity. So that if fame and ambition (as all generous souls must acknowledge) have so great an influence over the
minds of active men, what can be more reasonable, what can be more serviceable to the world, than that which hurries men into a necessity, either of acting vir tuously, or of forfeiting their so-much-desired honour for ever? And such I take to be the consequence
of a free press. From which consideration, since the late act, which laid that severe restraint upon printing, is so near expiring, my humble address to your Lord ships, and to you, Gentlemen of the House of Commons, is that, before you proceed to the continuation of
knowledge
anything of that nature, you will condescend so far as to look down upon these ensuing arguments against any such inquisition or embargo upon science. " Philopatris makes free use of Milton's suggestions and authorities, and speaks out most bitterly against licensers and licensing. He reminds the Parliament
that " truth needs no policies, no stratagems, no licens- kM
MS THE FOURTH ESTATE.
ings to render her victorious ; these are only the shifts and defences that error uses against her power. "
In the notice of L'Estrange's career, we have seen that the London Gazette, which still lives amongst us as the vehicle for bankrupt lists and other official notices, was started in 1 665 ; the first number appearing at Oxford, and being called the Oxford Gazette. The reason for this title resides in the fact, that the King and the Court had fled from London to avoid the Great Plague which was then devastating the metro polis, and it being determined that a Royal Gazette, — something like the work under the same title which had appeared in Paris, and which had, doubtless, often
helped to amuse Charles when in exile, —should be published, this work was dated and designated from the
where the first number of it appeared. When Charles returned to Whitehall the new Paper followed in his train, and tookthe name of London Gazette, by which it has ever since been known. It was first placed under the control of Sir Joseph Williamson,* who
* Williamson was the son of Joseph Williamson, vicar of Bride- kirk, in Cumberland. He was first appointed clerk to Rich. Tolson, Esq. , Member of Parliament for Cockermouth ; and after holding several other offices was, in 1677, sworn one of the clerks of the Council in Ordinary, and knighted. He was Under-Secretary of State in 1665, when he procured for himself the writing of the Oxford Gazette. For several years he represented the borough of Thetford. At the treaty of Cologne, he was one of the British plenipotentiaries with the Earl of Sutherland and Sir Sealin Jenkins ; and, at his return, was sworn prin cipal Secretary of State. Nov. 18, 1678, being committed to the Tower for granting commissions and warrants to Popish recusants, he was released the same day by the King, in opposition to the House. He resigned his place as Secretary in 1678, and was succeeded by the Earl of Suther land, who is said to have given Sir Joseph a large sum of money for it. Sir Joseph was President of the Royal Society in 1678, and a great
place
ILLEGAL PARLIAMENTARY REPORTS. 149
appointed a Mr Charles Perrot to edit the new Paper a duty which called, in this case, for no great stretch of
genius. The Gazette contained only what was agree able to the King.
The refusal to permit the publication of Parlia mentary reports led to the surreptitious printing of occasional speeches of members, and now and then to the issue of printed narratives of special discussions. The information for these publications could only be afforded by members themselves, and no men would have run the risk of issuing such illegal works unless they felt deeply interested in acquainting the consti- tuences of the country with their doings. One of these
unlicensed reports was made on the occasion of the debates and resolutions in the House of Lords in April and May, 1675, concerning the bill which proposed " to prevent the dangers which may arise from persons disaffected to the Government. " The philosopher Locke wrote an abstract of this debate at the sugges tion of the Earl of Shaftesbury, and on information supplied by that nobleman. It was published in the form of " a Letter from a Person of Quality to his Friend in the Country," and was widely circulated, to the great vexation of the Privy Council, who evinced
benefactor to Queen's College. He died in 1701, and was buried in Westminster Abbey. The account of his release by Charles is thus related :—" The King sent for the members of the House of Com mons to the banquetting house, where he told them, ' Though you have committed my servant without acquainting me, yet I intend to deal more freely with you, and acquaint you with my intentions to release my Secretary ; ' which he accordingly did before they could draw up an address against so that when they had, the answer, was It too late. ' " — Nobles Granger, Vol. p. 156. Chalmer's Biog. Diet.
I. ,
it,
' is
150 THE FOURTH ESTATE.
their wrath by ordering the publication to be burnt by the hangman. The Earl of Shaftesbury himself subsequently wrote what may be called notices of Parliamentary proceedings. One of these for instance was issued under the title of " A Letter from a Parlia ment man to his Friend, concerning the Proceedings in the House of Commons, this last Sessions begun the 13th of Oct. , 1675. "* Nor must Andrew Marvel be forgotten in the list of those who described the daily proceedings in Parliament when the Government would not permit Newspaper reports. That patriotic member, from 1660 to 1678, regularly transmitted to his constituents at Hull a faithful account of each
The Hon. Anchitell Gray, who for
day's proceedings.
forty years was the representative of Derby, also con tributed to our stock of Parliamentary information by a number of reports made between 1688 and 1694; and these records of what was done in the Legislature during the time when the Newspapers were forbidden to notice the debates, now form a most important addition to our materials forjudging of the history of the period. How much more perfect these materials would have been, had more freedom been permitted to the press, is now painfully evident.
And here, whilst speaking of the operation of the laws upon the press at this period of our history, the notorious Jeffreys must not pass unnoticed, for his unscrupulous brutality was often exercised upon those who were charged with unlicensed printing. One prominentvictim of this judge was Francis Smith,t
who suffered loss of liberty and property for the crime * Pari. Hist. , Vol. IV. t State Trials, Vol VII. , pp. 931—960.
THE VICTIMS OF JEFFREYS. 1-H
of issuing publications unpalatable to the Court. In one case, this victim of the licenser was indicted three
times, and on each occasion the grand jury ignored the bill against him ; yet Jeffreys held him in
separate
gaol, and made him give security for his re-appearance. Another publisher on whom the same judicial tyrant poured out his wrath was Henry Carr, or Cave, in dicted in 1680, for some passages in a Paper entitled The Weekly Packet of Advice from Rome ; which journal first appeared on the 3rd of December, 1678, and was continued till May, 1 680, when it was stopped by the proceedings in which Jeffreys had part. When put on his trial at Guildhall, Carr was described as
" Henry Carr of the parish of St. Sepulchre, gentle man," and he was charged with attempting to scandalize the Government, and to bring it into contempt. In opening the case against the accused, Jeffreys referred to the numerous audience in the court, and said that many " came to know whether or no rascals may have liberty to print what they please. Now," continued this legal authority, " all the judges
of England having been met together to know whether any person whatsoever may expose to the public knowledge any matter of intelligence, or any matter whatsoever that concerns the public, they gave it as their resolution, that no person whatsoever could expose to the public knowledge anything that con cerned the affairs of the public, without license from the King, or from such persons as he thought fit to en trust with that affair. " The Lord Chief Justice Scroggs also declared such to be the law, which was no other than asserting that the King had absolute power over
152 THE FOURTH ESTATE.
the press, and the jury affirmed this view of the state
of things in 1680, by finding Carr guilty. *
Three acts of Parliament, some Royal proclama
tions, Old Bailey trials, and Tyburn executions were, however, ineffectual for the complete subjection of the
From time to time unruly thoughts would find their way into print, and when the religious feelings of the nation were again roused, and when the question of excluding the Duke of York from the throne, on account of his Popish tendencies, was in full debate, a
shower of pamphlets again made their appearance. Amongst the combatants in this war of words was Carr (or Cavet), already mentioned, who wrote against the Church of England party, in a paper which he published weekly in opposition to the Observator conducted by
press.
Another writer took the title of Heraclitus Ridens, and his contributions to the wordy war were afterwards reprinted. About this period it was that the two party names were invented which have cut so con spicuous a figure in the Newspapers from that period even to the present day. In 1679, the word Tory
* See also the cases of Elizabeth Cellier, Benj. Harris, and Jane Curtis. State Trials, Vol. VII.
t Wood in his Athense Oxoniensis, in his Life of Thos. James, when noticing a work called Fiscm Papalis, fyc, observes, "It hath supplied with matter a certain scribbler called Henry Cave, in his ' Weekly Pacquet of Advice from Rome. ' After King James the Second came to the crown, Cave was drawn over so far by the Roman Catholic party, for bread and money sake, and nothing else, to write on their behalf, and to vindicate their proceedings against the Church of England, in his Mercuries ; which weekly came out, entitled ' Public Occurrences truly stated. ' The first of which came out 21st February, 1687, and were by him continued to the time of his death, which happened 8th August,
1688, aged 42 ; he was buried in the yard belonging to the Blackfriars' Church in London. "
L'Estrange.
WHITEHALL THE FOUNTAIN-HEAD FOR NEWS. 153
was first used; the arose soon afterwards.
antagonistic appellation, Whig,
The people, whilst deprived of free Newspapers, had a keen appetite for News, and Macaulay in his History* has given us a graphic sketch of the avidity with which the neighbourhood of the Court was sought
by those who thirsted for information of current events. " Whitehall," he says, " naturally became the chief staple of News. Whenever there was a rumour that anything important had happened, or was about to happen, people hastened thither to obtain intelligence from the fountain-head. The galleries presented the appearance of a modern club-room at an anxious time. They were full of people inquiring whether the Dutch mail was in ; what tidings the express from France had brought; whether John Sobieskyhad beaten the Turks; whether the Doge of Genoa was really at Paris. These were matters about which it was safe to talk
aloud; but there were subjects concerning which infor mation was asked and given in whispers : Had Halifax got the better of Rochester ; was there to be a Parlia ment; was the Duke of York really going to Scotland ; had Monmouth really been summoned from the Hague. Men tried to read the countenance of every minister as he went through the throng to and from the Royal closet. All sorts of auguries were drawn from the tone in which His Majesty spoke to the Lord President, or from the laugh with which His Majesty honoured a jest of the Lord Privy Seal ; and, in a few hours, the hopes and fears inspired by such slight indications had spread to
all the coffee-houses from St. James's to the Tower. " * History of England, Vol. p. 365.
I. ,
154
THE FOURTH ESTATE.
The same admirable pen gives us a picture of the state of the press in the later days of the feeble and profligate Charles. "In 1685," says Macaulay, "no thing like the daily Paper of our time existed, or could exist. Neither the necessary capital nor the necessary skill was to be found. Freedom too was wanting, a want as fatal as that of either capital or skill. The press was not indeed at that moment under a general censorship. The licensing act, which had been passed
Any
soon after the Restoration, had expired in 1679.
person might therefore print, at his own risk, a history, a sermon, or a poem, without the previous approbation of any public officer; but the judges were unanimously of opinion that this liberty did not extend to Gazettes ; and that, by the common law of England, no man not authorized by the Crown had a right to publish political News. * While the Whig party was still formidable, the Goverment thought it expedient occa sionally to connive at the violation of this rule. Dur ing the great battle of the Exclusion Bill, many Newspapers were suffered to appear ; the Protestant Intelligencer, the Current Intelligence, the Domestic Intelligence, the True News, the London Mercury. None of these was published oftener than twice a week.
None exceeded in size a single small leaf. The quan tity of matter which one of them contained in a year was not more than is often found in two numbers of the Times. After the defeat of the Whigs, it was no longer necessary for the King to be sparing in the use of that which all his judges had pronounced to be his undoubted prerogative. At the close of his reign,
* London Gazette, May 5th and 17th, 1680.
THE LONDON GAZETTE.
15,1
no Newspaper was suffered without his allowance; and his allowance was given exclusively to the London Gazette. The London Gazette came out only on Mondays and Thursdays. The contents generally were a Royal proclamation ; two or three Tory addresses ; notices of two or three promotions, an account of a skirmish between the Imperial troops and the Janissaries on the Danube ; a description of a highwayman ; an announcement of a grand cockfight between two persons of honour; and an advertisement offering a reward for a strayed dog. The whole made up two pages of moderate size. Whatever was commu nicated respecting matters of the highest moment was communicated in the most meagre and formal style. Sometimes, indeed, when the Government was disposed to gratify the public curiosity respecting an important transaction, a broadside was put forth giving fuller details than could be found in the Gazette ; but neither the Gazette, nor any supplementary broadside printed by authority, ever contained any intelligence which it did not suit the purposes of the Court to publish. The most important Parliamentary debates, the most important State trials recorded in our history, were passed over in profound silence. * In the Capital, the coffee-houses supplied in some measure the place of a journal. Thither the Londoners flocked, as the Athe nians of oldflocked to the market-place, to hear whether there was any News. There men might learn how brutally a Whig had been treated the day before in
* For example, there is not a word in the Gazette about the im portant Parliamentary proceedings of November, 1685, or about the trial and acquittal of the seven bishops. —Macaulay.
156 THE FOURTH ESTATE.
Westminster Hall ; what horrible accounts the letters from Edinburgh gave of the torturing the Covenanters ; how grossly the Navy Board had cheated the Crown in the victualling of the fleet; and what grave charges the Lord Privy Seal had brought against the Treasury, in the matter of the hearth money. But people who lived at a distance from the great theatre of political contention could be kept regularly informed of what
*
It is scarcely necessary to say that there were then no Provincial Newspapers. Indeed, except in the Capital, and at two Universities, there was scarcely a printer in the Kingdom. The only press in England, north of Trent, appears to have been at York. " *
Macaulay winds up with a bitter, and perhaps deserved, denunciation of L'Estrange, whose intolerant Toryism, pursued its victims, even beyond the grave, with an inveteracy equal to that of Anthony Wood.
James the Second, like his brother, had a hatred of free Newspapers, and one of the laws made during his short reign was directed against the press. When the intelligence reached him that the Duke of Mon mouth had landed in the west—Argyle being in arms in the north—the Parliament was asked for money to crush the armed rebellion, and for a revival of the statute of 13th and 14th Charles the Second, that the rebellion in type might also be suppressed. The obedient Houses granted both demands, and the tram-
* Life of Thomas Gent. A complete list of all printing-houses in 1724, will be found in Nichols's Literary Anecdotes of the Eighteenth Century. There had then been a great increase within a few years in the number of presses, and yet there were thirty-four counties in which there was no printer, one of those counties being Lancashire. —Macaulay.
was passing there only by means of News-letters.
**
FURTHER RESTRICTIONS ON OPINION. 157
mels of printing were strengthened, whilst taxes were spent upon an armed force to keep James upon the throne. The imposition of this additional fetter on free expression calls from the statesman and historian Fox, the remark, that " this circumstance, important as it is, does not seem to have excited much attention at the time, which, considering the general principles then in fashion is not surprising. That it should have been scarcely noticed by any writer," continues he, " is more wonderful. It is time, however, that the terror inspired by the late prosecutions for libels, and violent conduct of the courts upon such occasions, rendered a formal destruction of the liberty of the press a matter of less importance. So little does the magis tracy, when it is inclined to act tyrannically, stand in need of tyrannical laws to effect its purpose. The bare silence and acquiescence of the legislature is in such
a case fully sufficient to annihilate, practically speak
ing, every right and liberty of the subject. "*
The Courts of Law, as well as the Parliament
House, interfered with the press. Soon after the execution of the supposed murderer of Sir Edmunbury Godfrey, there appeared in a Paper of the period a letter criticising the evidence adduced before the coroner's jury, and contending that the deceased knight had destroyed himself, and had not fallen by the hands of others. This letter was published in a journal called The Loyal Protestant Intelligence, the owner of which, one Nathaniel Thompson, was, it appears, known as the " Loyal Protestant Printer. "
Some of the witnesses in the case of Edmundbury * Fox's History of James the Second.
1-58 THE FOURTH ESTATE.
felt aggrieved at these comments in the Newspaper, and a prosecution was instituted against Thompson the printer, and the authors of the critique, William Pain and John Farwell. The trial took place at Guildhall, and a verdict of guilty having been returned, Mr. Justice Jones sentenced Thompson and Farwell to the pillory and to pay a fine of £100, whilst Pain escaped with a fine only. This judgment was carried out. On the 5th of July, 1682, Thompson and Farwell stood in the pillory in the Old Palace Yard at West minster, with this writing over their heads, "For libelling the justice of the nation, by making the world believe that Sir Edmundbury Godfrey murdered himself. "* Had Charles Dickens written in such times, he would inevitably have been made a martyr, had he ventured to give such admirable and useful
descriptions as the one in Pickwick, where the tyran nical rascalities of Mr. Fang are exposed.
The slavery of the press, whilst James the Second held power in England, was further manifested in the case of the pious and exemplary Richard Baxter, who having written a Paraphrase on the New Testament, certain passages were culled from (it said by
and declared to be an attack on the
L'Estrange,)
bishops. The infamous Jeffreys sat as judge in the case, and his coarse brutality towards the pious divine has formed subject of remark to every writer who has referred to the trial. Baxter was condemned, and fined £500, and ordered to lie in prison till the money was paid.
The Parliament had little free will; and accordingly, on the 30th of September, 1647,both Houses agreed
to an ordinance declared to be "for the better regula tion of printing. " The following abstract of it is
given in the Parliamentary History : —
" The Lords and Commons in Parliament assembled, taking
notice of the many seditious, false, and scandalous pamphlets daily printed and published in and about London and West minster, and thence dispersed into all parts of this realm, and other parts beyond the seas, to the great abuse and prejudice of the people, and unsufferable reproach of the proceedings of the Parliament and their army; for the better suppression thereof and prevention of the like inconveniences for the time to come, do order and ordain :—I. That what person soever shall make, write, print, publish, sell, or utter, any Book, Pamphlet,
THE PARLIAMENT REGULATES PRINTING. 131
Treatise, Ballad, Libel, or Sheet of News, whatsoever, or cause so to be done, except the same be licensed by both or either House of Parliament, or by such persons as shall be thereunto authorized by one or both Houses of Parliament, with the name of the author, printer, and licenser thereunto prefixed, shall, for every such offence, suffer, pay, and incur the punishment, fine, and penalty hereafter mentioned, viz : — The maker, writer, or
composer of any such unlicensed Book, &c, shall forfeit and pay 40s. , or be imprisoned in the common goal for the county or liberty where the offence is committed, or the offender shall be found, until he shall pay the sum, so that the said imprisonment exceed not 40 days. The printer to pay 20s. , and suffer the like
till he pay the same, the said imprisonment not to exceed 20 days ; and likewise to have his press and imple ments of imprinting seized and broken in pieces. The book seller or stationer to forfeit and pay 10s. , or to be imprisoned in like manner till he pay the same, the imprisonment not exceeding
10 days : and the hawker, pedlar, or ballad- singer to forfeit and lose all his books, pamphlets, or printed papers exposed to sale ; and also to be whipped as a common rogue in the liberty or parish where the said offender shall be apprehended, or the offence committed. II. The several and respective Commis sioners for the Militia in London, Middlesex, and Surrey, and all Mayors and other head-officers of corporations, and all Justices of the Peace of the several counties, cities, and liberties in England and Wales, and every of them, in their respective liberties and jurisdictions, are hereby authorized and required
to put this ordinance in execution ; and all constables, head- boroughs, and other officers, are hereby authorized and required to put this ordinance in execution; and, together with such assistance as they shall call unto them, to enter into any shop or house where they shall be informed, or have good cause to suspect, any such unlicensed pamphlets or papers are printed or sold, and to seize the same, and likewise all presses and implements of printing, and to bring them, together with the offenders, before the said Commissioners, Mayors, &c, or any one of them ; so that the fines, pains and penalties before-mentioned may be inflicted upon the offenders, according to the intent and
J2
imprisonment
132 THE FOURTH ESTATE.
meaning of this ordinance. III. The view of any one Justice of the Peace, head-officer, or Commissioner aforesaid, or the oath of one credible witness, (which oath, in such case, they are hereby authorized to administer,) shall be a sufficient conviction of any offender in the cases before recited ; and the same Justices of the Peace, Mayors, &c. have hereby authority to dispose of one moiety of the fines paid by virtue of this ordinance, to the collectors of the poor for the liberty or parish where the offence is committed, and the other moiety to the person who shall discover and prosecute the said offenders. IV. All persons acting anything by virtue of this ordinance shall be indemnified by authority of both Houses of Parliament. Provided always, That the penalties in this ordinance expressed shall not extend to acquit any person that shall make, write, print, publish, or sell, or cause to be so done, any Books, &c. , that shall contain any seditious, treasonable, or blasphemous matter; but the offenders in that kind shall be liable to such further panalties as by the laws of this land are provided, or by authority of Parliament shall be adjudged, according to the penalty of such offences. "
The desire of the successful General Sir Thomas Fairfax was complied with, and Mabbott became li censer — an ungracious post for a man of honour and probity, and one which Mabbott resigned after a full trial of its troublesome duties. *
* Mabbott thus explained his reasons in a number of the Diurnal :— I. Because many thousands of scandalous and malignant pamphlets have been published with his name thereunto, as if he had licensed the same, (though he never saw them,) on purpose (as he conceives) to preju dice him in his reputation amongst the honest party of this nation. II. Because that employment (he conceives) is unjust and illegal, as to the ends of its first institution, viz. , to stop the press from publishing anything that might discover the corruption of Church and State in the time of Popery, Episcopacy, and tyranny ; the better to keep the people in ignorance, and carry on their popish, factious, and tyrannical designs for the enslaving and destruction both of the bodies and souls of all the free people of this nation. III. Because licensing is as
THE ATTACKS ON CROMWELL. 133
A few months after the censor had been installed, the committee appointed to suppress the licentiousness of printing received orders to sit every day, and a sum was put at their disposal to reward those who should discover and seize the presses of the malignants. *
Meanwhile the Eevolution progressed, and the King was beheaded, but not without some protests from the press. Many writers did not scruple to attack Crom well and his policy, when he became the virtual possessor of kingly power. Lilburn was one of those who had courage for this dangerous duty; and he, with others, felt the weight of the Lord Protector's
however, seem to have been little disturbed by the new aspect of affairs, for they
displeasure. Newspapers,
with punctuality, and were despatched in great numbers by the weekly post. Many of them were, by this time, regularly paged.
In 1653, Cromwell was assailed so bitterly that he sought the aid of the strong hand. In that year the Council of State made a report to the Parliament "of several seditious and scandalous pamphlets coming out, tending to the disturbance of the Commonwealth;" and, further, that " they had employed divers persons to
great a monopoly as ever was in this nation, in that all men's judg ments, reasons, &c. , are to be bound up in the licenser's (as to licens ing) ; for if the author of any sheet, book, or treatise, write not to please the fancy, and come within the compass, of the licenser's judg ment, then he is not to receive any stamp of authority for publishing thereof. IV. Because it is lawful (in his judgment) to print any book, sheet, &c, without licensing, so as the author and printers do subscribe their true names thereunto, that so they may be liable to answer the contents thereof ; and if they offend therein, then to be punished by such laws as are or shall be for those cases provided.
* Rushworth, Vol. II. , p. 957.
appeared
134 THE FOURTH ESTATE.
find out the authors, printers, and publishers thereof. " One of these, entitled "A Charge of High Treason against Oliver Cromwell, Esq. , for several treasons by him committed," was read, and some information given as to who were the printers of the obnoxious statements. "The House referred the matter back to the Council, to prepare and present what they thought fit to be done in the case, and for the prevention of the like evils for the future. "
But these partial efforts against those who offended by their too great freedom of the pen, were not intended to destroy that freedom altogether. The proceedings of the Parliament were still published, and Newspapers were issued without any check. The Restoration of Charles the Second, however, changed all this, and the return of a King to Whitehall became the signal for-yery decided measures againstthe press. Having now for many years been accustomed to great liberty of expression, the public writers of the day did not hesitate to criticise public proceedings as they had been used to do. This was soon interfered with. In
1660, an order from the Council of State stopped the
Mercurius Politicus, and granted ta'^iKftjfayoured
named Muddiman and Giles, authority to publish the News every Monday and Thursday ; but
this was only a step towards the suppression of liberty of printing, which the restored authorities had in view. Another act was to forbid the publication of the pro ceedings in Parliament,* and when, in addition to this,
* These publications of Parliamentary proceedings were interdicted soon after the Restoration, as appears from a debate in Grey's Collection, March 24, 1681 ; in consequence of which, the notes of the House of Commons were first printed by authority of Parliament.
persons,
THE LIBERTY OF THE PRESS DESTROYED. 135
aJaw recei\^e^he_SMic^n ofjie . legislature, placing all publications under the rod of a licenser, the liberty of the press almost ceased to exist. This law was passed the year after Charles the Second had obtained possession of the throne, and was worthy of the assem bly which gained for itself the name of the "Pensionary Parliament. " Before this act had passed, proceedings had been taken against a merchant named Drake, for the publication of some remarks on the question whether or not the Long Parliament was legally dis solved ; but the House had found their powers deficient for the punishment of the offenders, and though one honourable member* had suggested that Drake should be hanged by the neck, whilst his writings were burnt under his feet, and another proposed a public recanta tion by the delinquent, whilst his works were being destroyed by the hangman, no measures were really carried out against the offending writer, beyond the exhibition of articles of impeachment against him, and an extorted confession of his regret for the offence he had committed against the new authorities, f Such inability for vengeance did not long continue. In
I6/2, an act was passed " for preventing the frequent abuses in printing seditious, treasonable, and unlicensed books and pamphlets, and for regulating of printing and printing presses. " This enactment mapped out,
* State Trials, Vol. V. , pp. 1363-70.
f These members who would have hanged Drake were the same who voted that the dead bodies of Cromwell, Ireton, Bradshaw, and Pride, should be taken from their graves and be hanged at Tyburn ; and that the head of the defunct ruler of England, should be set on a pole at the top of Westminster Hall ; which was done January 30, 1661.
136 THE FOURTH ESTATE.
as it were, the literature of the time, and gave different official persons an authority to say what should be printed in each division, and what should be sup pressed. The Lord Chancellor and the Judges were to be censors of all legal works ; the Secretary of State was to say what histories, and what political writings, should appear. The Archbishop of Canterbury and the Bishop of London were made censors of philoso phy, physics, and religion. But this was not all. No presses or printing were permitted, except in London and York and in the chief Universities ; and the Chancellors of those learned bodies, and the Stationers' Company in London, were allowed a monopoly of the press, and made responsible for all that was produced under their sanction. Any presses set up elsewhere, were declared illegal, and authority was given to seize all such, and to take possession of all clandestine
publications. Finally, the writers who contributed to unlawful presses were made amenable to a court of which the Archbishop of Canterbury and the Bishop of London were the chief officers. *
The results of this censorship were lamentable. In place of political discussion, the press now produced licentious poetry and other incentives to dissipation and vice. Puritan strictness gave place to courtly licentiousness, and the verses of Rochester sought the
popularity once enjoyed by the prose of Prynn, Bast- wick, and Milton. Paradise Lost was almost wrecked
* See 13 and 14 Chas. II. , c. 33; continued by 16 Chas. II. , c. 8; 16 and 17 Chas. II. , c. 7 ; 17 Chas. II. , c. 4; and further continued for seven years, from 24th of June, 1685, by 1 James II. , c. 17, § 15; and continued for one year longer by 4 and 5 William and Mary, c. 24, § 14.
THE CAREER OF L'eSTRANGE. 137
by the censorship, and seemed so unsuited to the new tempers of the times, that the copyright produced not
a sixth part of the sum charged by the House of Commons as the price of its author's release from custody. * Religious freedom was attacked by the Act of Uniformity, and no independent journals fought the battle of the oppressed; for journalism became. ihe
~~~
privile^ajPljt^ojirjtifil.
Though the immoral example of the Court helped
to corrupt the taste of the public, and the newly gained power of the King was used to crush free discussion, it was found impossible to stop the demand for News papers, and hence a determination to patronize one which should be subservient to the _ views" of the authorities. The journalist on whom the Government favour was bestowed was Roger L'Estrange, an accom plished scholar, who had fought and suffered for the Royal cause. He was the son of a Norfolk gentleman, SirHammondL'Estrange of Hunstanton Hall, a zealous supporter of Charles the First . t The future j ournalist was born in 1616, and, whilst yet young, accompanied
* Dec. 17, 1660. Mr. John Milton having now laid long in cus tody of the Sergeant at Arms, he was released by order of the House. Soon after, Mr. Andrew Marvel complained that the Sergeant had exacted £150 fees of Mr. Milton ; whichwas seconded by Col. King, and Col. Sharpcot. On the contrary, Sir Heneage Finch observed, That Milton was Latin secretary to Cromwell, and deserved hanging. However this matter was referred to the committee of privileges to examine and decide the difference. Pari. Hist. , Vol. IV. , p. 162.
t This old Cavalier was a staunch Royalist ; and when the King and the Parliament were in arms, he became governor of Lynn, the market town of that part of the county of Norfolk where his estates lay. His descendants still enjoy Hunstanton, though the Parliament deprived Sir Hammond of his property for a time.
138 THE FOURTH ESTATE.
the King in his expedition to Scotland. In 1644 he
was taken prisoner by the Parliamentarians whilst
attempting to surprise the town of Lynn, was tried by Court Martial, condemned and sentenced to death as a spy—coming from the King's quarters "without drum, trumpet, or flag. Whilst waiting in Newgate," says Chalmers, "for the execution of his sentence, he petitioned the Lords, and obtained a respite forfourteen days, this was afterwards prolonged, and he thus lay for four years in prison in continual fear of execution. At length, in 1 648, he escaped, and proceeded to Kent,
where he attempted to raise an insurrection; but, failing in his endeavour, he with great difficulty reached the Continent, where he remained until 1 653 ; but, on the dissolution of the Long Parliament, he returned to England, and gave notice of his return, believing that he came within the act of indemnity ; this was denied by the opposite party, but he received hi&-POTd,P. n in October in the same year, having applied personally to Cromwell. His appearance at the Court of Cromwell was much censured, after the Restoration, by some of the Royal party, who also objected to him that he had once been heard playing in a concertwhere the Usurper
was present. He became a Newspaper writer, but on the restoration of King Charles the Second he appears to have been in want; and, together with other neglected Cavaliers, appealed to the Court for patronage. Soon afterwards the pen, which he had used before, was taken up again, to be employed as the weapon of a Government journalist. The title he adopted for his Paper was The Intelligencer.
Newspaper articles and political tracts were not the
A NIGHT SEAECH. 139
only productions of L'Estrange. He found time, amid the bustle of a stirring life, and in dangerous times, to translate Josephus, Cicero's Offices, the Colloquies of Erasmus, Seneca's Morals, and iEsop's Fables. This Newspaper writer, thus far, did honour to the profession of the press, by bringing to its service much
energy, talent and learning, which, if dimmed at times by party
rancour, still contributed in the main to the improve
ment of the style and manner of early Newspapers.
In the index to the statutes at large, under the heading, " Printers and Printing Press," the reader is
directed to " see seditious societies. "* A fine commen
tary this on the character of our law makers. They
do not legislate to help the press in the good it might effect, but only make laws to cripple it when a govern ment finds such interference convenient. The statutes of Charles the Second afford abundant illustration of this.
Under the new law enforcing the censorship, L'Es trange, the journalist, became the chief executive officer; and, judging by facts that are on record, a scholar and a man of proper feelings must often have blushedfor his new occupation. The Star Chamber was gone beyond
revival, and the Old Bailey became the court where sinners against the press laws were arraigned. The new
statute soon captured a few victims, and a Tyburn audience was assembled to witness the execution of a troublesome printer.
On an October night in 1663, the Licenser L'Es trange, having received secret information, set out on a search for illegal publications. He had with him a
* Raithby's Index to Statutes.
1 10
THE FOURTH ESTATE.
party of assistants, which included four persons, named Dickinson, Mabb, Wickham, and Story. These men were called up after midnight, and made their way by L'Estrange's directions to Cloth Fair. "This had been Milton's hiding-place, when he had fall'n on evil days;" and here now lived another heterodox thinker: a printer named John Twyn, whose press had been betrayed to the authorities as one whence illegal thoughts were spread. When called on afterwards to give evidence as to what happened, Wickham described how he met Mr. L'Estrange near Twyn's house, and how " they knocked at least half an hour before they got in ;" and how they listened, and " heard some papers tumbling down, and heard a rattling above, before they went up. " The door being opened by its unfortunate owner, Wickham was posted at the back door, whilst another stood in front, and the rest of the searchers went over the premises. Efforts had been made to destroy the offending sheets; the type had been broken up, and a portion of the publications had been cast into the next house. Enough, however, was found to support a charge. Twyn's apprentice was
put into the witness box to give evidence against his master, and the judges were ready to coincide with Mr. Serjeant Morton, who appeared for the Crown, and declared Twyn's offence to be treason. The obnoxious book repeated the arguments often urged during the Commonwealth, "that the execution of judgment and justice is as well the people's as the magistrate's duty ; and, if the magistrates pervert judgment, the people are bound by the law of God to execute judg ment without them, and upon them. " In his defence,
SENTENCE ON TWYN. 141
Twyn said, he had certainly printed the sheets; he " thought it was mettlesome stuff, but knew no hurt in it;" that the copy had been brought him by one Cal vert's maid-servant, and that he had got forty shillings by printing it. He pleaded, moreover, in excuse, that he was poor, and had a family dependant on his labour for their bread. Such replies were vain, and the jury found him guilty.
" I humbly beg mercy," cried Twyn, when this
terrible word was pronounced. " I humbly beg mercy never read a word of it. "
; I am a poor man, and have three small children; I
"I
Chief Justice Hyde, to whom this plea for clemency was addressed, "ask mercy of them that can give it: that is, of God and the King. "
'11 tell you what you shall do,"
responded
the
"I humbly beseech you to intercede with His Ma jesty for mercy," piteously exclaimed the condemned
printer.
" Tie him up, executioner," was the only reply; and
Hyde proceeded to pronounce sentence. To read this sentence in the record of the trial makes the blood run cold. " I speak it from my soul," said this syco phant Chief Justice, " I think we have the greatest happiness in the world in enjoying what we do under so gracious and good a King" (this was spoken of
Charles the Second, be it remembered); "yet you, Twyn, in the rancour of your heart thus to abuse him, deserve no mercy ! " After some further expressions of loyalty,
and a declaration that it was high time an example should be made to deter those who would avow the killing of kings, he ordered that Twyn should be
142 THE FOURTH ESTATE.
drawn upon a hurdle to the place of execution ; that he be hanged by the neck, and, being alive, that he should be cut down, and that his body be mutilated in a way which decency now forbids the very mention of ; that his entrails should afterwards be taken out, " and, you still living, the same to be burnt before your eyes; your head to be cut off, and your head and quarters to be disposed of, at the pleasure of the King's Ma jesty. "
" I humbly beseech your Lordship," again cried Twyn in his agony, " to remember my condition, and intercede for me. "
" I would not intercede," replied sanguinary Judge Hyde in the cruelty of his heart, " for my own father in this case, if he were alive. " And the unhappy printer was led back into Newgate, only to leave it for Tyburn ; where the sentence was soon afterwards carried out; his head and the quarters of his body being set up to fester and rot " on Ludgate, Aldersgate, and the other gates of the city. "*
Other printers were seized and tried, but escaped more lightly than Twyn. Simon Dover, Thomas Brewster, and Nathan Brooks, were indicted at the Old Bailey, for printing the speeches and prayers of some of the regicides. Newspapers dared not, under the new regime, publish such things, and the accused printers had ventured on their issue in a separate pamphlet. For this they narrowly escaped the gallows, and their temerity was punished by the pillory, by long imprisonment, and ruinous fines. L'Estrange it was who became the instrument for the apprehension of
. * State Trials, Vol. VI. , p. 539.
printers' HOUSES BROKEN OPEN. 143
all such offenders. His evidence, in one case, will show how he was obliged to proceed. " I came to the house of Nathan Brooks," said he, "about October last, and knocking at the door, they made a difficulty about letting me in. At last, seeing not how to avoid it, Brooks opened the door, and I asked him what he was ? He told me he was the master of the house. By and by comes one that lodged in the house, and throws down this book" (showing a book) " in the kitchen, with this expression, ' I
'11 not be for hanged
never a rogue of you all : Do you hide your books in my chamber ? ' This book had the speeches in it, and other schismatical treatises. After this I searched the next house ; and there I found more difficulty to get in. But, after a long stay, I saw the second floor in a blaze ; and then, with a smith's sledge, I endea voured to force the door, and one comes down and opens the door. I went in, and upstairs, where I found about two hundred copies of the Prelatick Preachers, and certain notes of Nathan Brooks, wherein he men tions the delivery of several of these speeches, and other seditious pamphlets. " A charming occupation this for a Cavalier, a scholar, and a gentleman —a compound of spy, inquisitor, and policeman !
Lord Hyde found another occasion for the display of loyal brutality in the case of Benjamin Keach, who was put on his trial at Aylesbury assizes in 1665, for having written a small book, in which it was urged that laymen might preach the gospel —an indictable doctrine. When brought into court the accused was
treated so shamefully by the judge, that, a century afterwards, the conduct of Hyde became the subject
M! THE FOURTH ESTATE.
of severe comment in the House of Commons. * Keach avowed the authorship of the publication, and would have spoken in defence of but the Chief Jus tice interrupted him, by loudly declaring that the prisoner " should not preach in that court to seduce and infect His Majesty's subjects," and added, " he would try him before he slept. " He did try him, and sentence him also, and Keach stood twice in the pillory whilst his book was burned by the hangman before
his face. fine and imprisonment were also inflicted upon him, which he suffered, "but he was never brought to make recantation. "f Indeed the fortitude of the early martyrs of the press forms prominently remarkable feature in what remains to us of their history.
the censor was also L'Estrange the Newspaper editor.
During the Commonwealth, there
were popular journals called the Public Intelligencer, and the Parliamentary Intelligencer. With the Res- toration, and the changes for the worse that made in the Newspapers, came changes of title, and, instead of Parliamentary Intelligencer, the people were offered
Kingdom's Intelligencer. The biographer of the new ruler of the press thus refers to L'Estrange's proceed ings in relation to and also to the career of the
licenser —
L'Estrange, who had received the appointment of licenser
of the press, and held the office until the eve of the Revolution in 1663, for further support, he set up Paper called " The Public Intelligencer and the News " the first of which came out the 1st of August, and continued to be published until January 19, 1665; when he laid down, in the design then
* Parliament. Hist. , Dec. 1770. State Trials, Vol. VI. , p. 710.
L'Estrange
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ROGER L'ESTRANGE. US
concerted of publishing the London Gazette, the first of which Papers made its appearance on Saturday, September 4, Many years later, in 1679, he set up a Paper, called " The Observator," to vindicate the King and Court from the charge of being inclined to Popery. In 1681 he ridiculed the Popish Plot so violently, that he raised himself many enemies. He acted in the same manner with regard to the Fanatic Plot in the follow ing year ; but, having weathered all these storms, he was re warded with the honour of knighthood in the succeeding reign. In 1687 he was obliged to lay down the Observator, as he could not agree with the " toleration proposed by His Majesty, though in all other respects he had gone the utmost lengths. " His advocacy of the measures of James the Second caused him to be suspected of Popery, and he was at considerable pains to contradict the charge. On the accession of William and Mary, he was looked upon as a disaffected person, and attacked by many of the writers of the day. Even the Queen herself showed her contempt of him, by the following anagram she made on his name :—
" Roger L'Estrange,
Lying strange Roger. "
Among others who attacked the character of Sir Roger was
the noted Miles Prance, who was convicted of perjury in the affair of the murder of Sir Edmundbury Godfrey. Echard, in his History of England, gives us an anecdote of these two worthies, which seems characteristic of both parties. Echard says that Dr. Sharp told him, when Archbishop of York, that while he was Rector of St. Giles's-in-the-Fields,
L'Estrange, the famous Richard Baxter, and Miles Prance, on a certain sacrament day, all approached the communion table, L'Estrange at one end, Prance at the other, and Baxter in the middle;
that these two by their situation were administered to before L'Estrange, who when it came to his turn, taking the bread in his hand, asked the doctor if he knew who that man (pointing to Prance) on the other side of the rails was ; to which, the doctor answering in the negative, L'Estrange replied, " That is Miles Prance, and I here challenge him, and solemnly declare before God and this congregation, that what that man has sworn
VOL. I.
K
146 THE FOURTH ESTATE.
or published concerning me, is totally and absolutely false, and may this sacrament be my perdition if all this declaration be not true. " Echard says that Prance was silent, Mr. Baxter took special notice of and Dr. Sharp declared that he would have refused Prance the sacrament had the challenge been made in time.
Sir Roger L'Estrange died September 11, 1704, in the eighty-eighth year of his age he was buried in the Church of
St. Giles's-in-the-Fields, where an inscription to his memory was placed. Granger says,* " He was one of the great cor rupters of our language, by excluding vowels and other letters not commonly pronounced, and introducing pert and affected phrases. Speaking of Queen Mary's anagram on L'Estrange, Granger remarks, " This naturally introduces the distich made by Lee, who by years was so strangely altered as scarce to be recollected by his old friend —
Faces may alter, names can't change
am strange Lee altered; you are still L'Estrange. "
The restraint of the press was not exercised without producing murmurs from those who suffered
and L'Estrange's was not the only pen called into activity in defence of the obnoxious law. In 1679, the Church supplied an advocate for the censor ship, when one Dr. Francis regory, rector of Humble- don, came to the aid of the Government with what he entitled, " Modest Plea for the Due Regulation of the Press, humbly submitted to the judgment of au thority. " On the opposite side there appeared pleader who attracted much attention by pamphlet described as " Just Vindication of Learning, or Humble Address to the High Court of Parliament in behalf of Liberty of the Press, by Philopatris. "t The
writerof this says: — " Nothing would be more conducive Biog. Hist. Engl. , Vol. IV. , p. 70. London, 1769.
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AN ARGUMENT FOR A FREE PRESS. 147
( for the preventing of the Popish priests doing mischief)
than the propagating of wisdom and
among the populace; since, as ignorance renders men obedient and susceptible of the meanest slavery, so does it contrary put all men on their guard : Omnes
enim nos sumus, aut corvi qui lacerant, aut cadavera quce lacerantur. Now, for the more speedy effecting hereof, there hath never been discovered any better
expedient amongst men than that of the liberty of the press, whereby whoever opposes the public interest are exposed and rendered odious to the people ; as, on the contrary, they who merit well of their country are ever recorded with immortal honour to posterity. So that if fame and ambition (as all generous souls must acknowledge) have so great an influence over the
minds of active men, what can be more reasonable, what can be more serviceable to the world, than that which hurries men into a necessity, either of acting vir tuously, or of forfeiting their so-much-desired honour for ever? And such I take to be the consequence
of a free press. From which consideration, since the late act, which laid that severe restraint upon printing, is so near expiring, my humble address to your Lord ships, and to you, Gentlemen of the House of Commons, is that, before you proceed to the continuation of
knowledge
anything of that nature, you will condescend so far as to look down upon these ensuing arguments against any such inquisition or embargo upon science. " Philopatris makes free use of Milton's suggestions and authorities, and speaks out most bitterly against licensers and licensing. He reminds the Parliament
that " truth needs no policies, no stratagems, no licens- kM
MS THE FOURTH ESTATE.
ings to render her victorious ; these are only the shifts and defences that error uses against her power. "
In the notice of L'Estrange's career, we have seen that the London Gazette, which still lives amongst us as the vehicle for bankrupt lists and other official notices, was started in 1 665 ; the first number appearing at Oxford, and being called the Oxford Gazette. The reason for this title resides in the fact, that the King and the Court had fled from London to avoid the Great Plague which was then devastating the metro polis, and it being determined that a Royal Gazette, — something like the work under the same title which had appeared in Paris, and which had, doubtless, often
helped to amuse Charles when in exile, —should be published, this work was dated and designated from the
where the first number of it appeared. When Charles returned to Whitehall the new Paper followed in his train, and tookthe name of London Gazette, by which it has ever since been known. It was first placed under the control of Sir Joseph Williamson,* who
* Williamson was the son of Joseph Williamson, vicar of Bride- kirk, in Cumberland. He was first appointed clerk to Rich. Tolson, Esq. , Member of Parliament for Cockermouth ; and after holding several other offices was, in 1677, sworn one of the clerks of the Council in Ordinary, and knighted. He was Under-Secretary of State in 1665, when he procured for himself the writing of the Oxford Gazette. For several years he represented the borough of Thetford. At the treaty of Cologne, he was one of the British plenipotentiaries with the Earl of Sutherland and Sir Sealin Jenkins ; and, at his return, was sworn prin cipal Secretary of State. Nov. 18, 1678, being committed to the Tower for granting commissions and warrants to Popish recusants, he was released the same day by the King, in opposition to the House. He resigned his place as Secretary in 1678, and was succeeded by the Earl of Suther land, who is said to have given Sir Joseph a large sum of money for it. Sir Joseph was President of the Royal Society in 1678, and a great
place
ILLEGAL PARLIAMENTARY REPORTS. 149
appointed a Mr Charles Perrot to edit the new Paper a duty which called, in this case, for no great stretch of
genius. The Gazette contained only what was agree able to the King.
The refusal to permit the publication of Parlia mentary reports led to the surreptitious printing of occasional speeches of members, and now and then to the issue of printed narratives of special discussions. The information for these publications could only be afforded by members themselves, and no men would have run the risk of issuing such illegal works unless they felt deeply interested in acquainting the consti- tuences of the country with their doings. One of these
unlicensed reports was made on the occasion of the debates and resolutions in the House of Lords in April and May, 1675, concerning the bill which proposed " to prevent the dangers which may arise from persons disaffected to the Government. " The philosopher Locke wrote an abstract of this debate at the sugges tion of the Earl of Shaftesbury, and on information supplied by that nobleman. It was published in the form of " a Letter from a Person of Quality to his Friend in the Country," and was widely circulated, to the great vexation of the Privy Council, who evinced
benefactor to Queen's College. He died in 1701, and was buried in Westminster Abbey. The account of his release by Charles is thus related :—" The King sent for the members of the House of Com mons to the banquetting house, where he told them, ' Though you have committed my servant without acquainting me, yet I intend to deal more freely with you, and acquaint you with my intentions to release my Secretary ; ' which he accordingly did before they could draw up an address against so that when they had, the answer, was It too late. ' " — Nobles Granger, Vol. p. 156. Chalmer's Biog. Diet.
I. ,
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150 THE FOURTH ESTATE.
their wrath by ordering the publication to be burnt by the hangman. The Earl of Shaftesbury himself subsequently wrote what may be called notices of Parliamentary proceedings. One of these for instance was issued under the title of " A Letter from a Parlia ment man to his Friend, concerning the Proceedings in the House of Commons, this last Sessions begun the 13th of Oct. , 1675. "* Nor must Andrew Marvel be forgotten in the list of those who described the daily proceedings in Parliament when the Government would not permit Newspaper reports. That patriotic member, from 1660 to 1678, regularly transmitted to his constituents at Hull a faithful account of each
The Hon. Anchitell Gray, who for
day's proceedings.
forty years was the representative of Derby, also con tributed to our stock of Parliamentary information by a number of reports made between 1688 and 1694; and these records of what was done in the Legislature during the time when the Newspapers were forbidden to notice the debates, now form a most important addition to our materials forjudging of the history of the period. How much more perfect these materials would have been, had more freedom been permitted to the press, is now painfully evident.
And here, whilst speaking of the operation of the laws upon the press at this period of our history, the notorious Jeffreys must not pass unnoticed, for his unscrupulous brutality was often exercised upon those who were charged with unlicensed printing. One prominentvictim of this judge was Francis Smith,t
who suffered loss of liberty and property for the crime * Pari. Hist. , Vol. IV. t State Trials, Vol VII. , pp. 931—960.
THE VICTIMS OF JEFFREYS. 1-H
of issuing publications unpalatable to the Court. In one case, this victim of the licenser was indicted three
times, and on each occasion the grand jury ignored the bill against him ; yet Jeffreys held him in
separate
gaol, and made him give security for his re-appearance. Another publisher on whom the same judicial tyrant poured out his wrath was Henry Carr, or Cave, in dicted in 1680, for some passages in a Paper entitled The Weekly Packet of Advice from Rome ; which journal first appeared on the 3rd of December, 1678, and was continued till May, 1 680, when it was stopped by the proceedings in which Jeffreys had part. When put on his trial at Guildhall, Carr was described as
" Henry Carr of the parish of St. Sepulchre, gentle man," and he was charged with attempting to scandalize the Government, and to bring it into contempt. In opening the case against the accused, Jeffreys referred to the numerous audience in the court, and said that many " came to know whether or no rascals may have liberty to print what they please. Now," continued this legal authority, " all the judges
of England having been met together to know whether any person whatsoever may expose to the public knowledge any matter of intelligence, or any matter whatsoever that concerns the public, they gave it as their resolution, that no person whatsoever could expose to the public knowledge anything that con cerned the affairs of the public, without license from the King, or from such persons as he thought fit to en trust with that affair. " The Lord Chief Justice Scroggs also declared such to be the law, which was no other than asserting that the King had absolute power over
152 THE FOURTH ESTATE.
the press, and the jury affirmed this view of the state
of things in 1680, by finding Carr guilty. *
Three acts of Parliament, some Royal proclama
tions, Old Bailey trials, and Tyburn executions were, however, ineffectual for the complete subjection of the
From time to time unruly thoughts would find their way into print, and when the religious feelings of the nation were again roused, and when the question of excluding the Duke of York from the throne, on account of his Popish tendencies, was in full debate, a
shower of pamphlets again made their appearance. Amongst the combatants in this war of words was Carr (or Cavet), already mentioned, who wrote against the Church of England party, in a paper which he published weekly in opposition to the Observator conducted by
press.
Another writer took the title of Heraclitus Ridens, and his contributions to the wordy war were afterwards reprinted. About this period it was that the two party names were invented which have cut so con spicuous a figure in the Newspapers from that period even to the present day. In 1679, the word Tory
* See also the cases of Elizabeth Cellier, Benj. Harris, and Jane Curtis. State Trials, Vol. VII.
t Wood in his Athense Oxoniensis, in his Life of Thos. James, when noticing a work called Fiscm Papalis, fyc, observes, "It hath supplied with matter a certain scribbler called Henry Cave, in his ' Weekly Pacquet of Advice from Rome. ' After King James the Second came to the crown, Cave was drawn over so far by the Roman Catholic party, for bread and money sake, and nothing else, to write on their behalf, and to vindicate their proceedings against the Church of England, in his Mercuries ; which weekly came out, entitled ' Public Occurrences truly stated. ' The first of which came out 21st February, 1687, and were by him continued to the time of his death, which happened 8th August,
1688, aged 42 ; he was buried in the yard belonging to the Blackfriars' Church in London. "
L'Estrange.
WHITEHALL THE FOUNTAIN-HEAD FOR NEWS. 153
was first used; the arose soon afterwards.
antagonistic appellation, Whig,
The people, whilst deprived of free Newspapers, had a keen appetite for News, and Macaulay in his History* has given us a graphic sketch of the avidity with which the neighbourhood of the Court was sought
by those who thirsted for information of current events. " Whitehall," he says, " naturally became the chief staple of News. Whenever there was a rumour that anything important had happened, or was about to happen, people hastened thither to obtain intelligence from the fountain-head. The galleries presented the appearance of a modern club-room at an anxious time. They were full of people inquiring whether the Dutch mail was in ; what tidings the express from France had brought; whether John Sobieskyhad beaten the Turks; whether the Doge of Genoa was really at Paris. These were matters about which it was safe to talk
aloud; but there were subjects concerning which infor mation was asked and given in whispers : Had Halifax got the better of Rochester ; was there to be a Parlia ment; was the Duke of York really going to Scotland ; had Monmouth really been summoned from the Hague. Men tried to read the countenance of every minister as he went through the throng to and from the Royal closet. All sorts of auguries were drawn from the tone in which His Majesty spoke to the Lord President, or from the laugh with which His Majesty honoured a jest of the Lord Privy Seal ; and, in a few hours, the hopes and fears inspired by such slight indications had spread to
all the coffee-houses from St. James's to the Tower. " * History of England, Vol. p. 365.
I. ,
154
THE FOURTH ESTATE.
The same admirable pen gives us a picture of the state of the press in the later days of the feeble and profligate Charles. "In 1685," says Macaulay, "no thing like the daily Paper of our time existed, or could exist. Neither the necessary capital nor the necessary skill was to be found. Freedom too was wanting, a want as fatal as that of either capital or skill. The press was not indeed at that moment under a general censorship. The licensing act, which had been passed
Any
soon after the Restoration, had expired in 1679.
person might therefore print, at his own risk, a history, a sermon, or a poem, without the previous approbation of any public officer; but the judges were unanimously of opinion that this liberty did not extend to Gazettes ; and that, by the common law of England, no man not authorized by the Crown had a right to publish political News. * While the Whig party was still formidable, the Goverment thought it expedient occa sionally to connive at the violation of this rule. Dur ing the great battle of the Exclusion Bill, many Newspapers were suffered to appear ; the Protestant Intelligencer, the Current Intelligence, the Domestic Intelligence, the True News, the London Mercury. None of these was published oftener than twice a week.
None exceeded in size a single small leaf. The quan tity of matter which one of them contained in a year was not more than is often found in two numbers of the Times. After the defeat of the Whigs, it was no longer necessary for the King to be sparing in the use of that which all his judges had pronounced to be his undoubted prerogative. At the close of his reign,
* London Gazette, May 5th and 17th, 1680.
THE LONDON GAZETTE.
15,1
no Newspaper was suffered without his allowance; and his allowance was given exclusively to the London Gazette. The London Gazette came out only on Mondays and Thursdays. The contents generally were a Royal proclamation ; two or three Tory addresses ; notices of two or three promotions, an account of a skirmish between the Imperial troops and the Janissaries on the Danube ; a description of a highwayman ; an announcement of a grand cockfight between two persons of honour; and an advertisement offering a reward for a strayed dog. The whole made up two pages of moderate size. Whatever was commu nicated respecting matters of the highest moment was communicated in the most meagre and formal style. Sometimes, indeed, when the Government was disposed to gratify the public curiosity respecting an important transaction, a broadside was put forth giving fuller details than could be found in the Gazette ; but neither the Gazette, nor any supplementary broadside printed by authority, ever contained any intelligence which it did not suit the purposes of the Court to publish. The most important Parliamentary debates, the most important State trials recorded in our history, were passed over in profound silence. * In the Capital, the coffee-houses supplied in some measure the place of a journal. Thither the Londoners flocked, as the Athe nians of oldflocked to the market-place, to hear whether there was any News. There men might learn how brutally a Whig had been treated the day before in
* For example, there is not a word in the Gazette about the im portant Parliamentary proceedings of November, 1685, or about the trial and acquittal of the seven bishops. —Macaulay.
156 THE FOURTH ESTATE.
Westminster Hall ; what horrible accounts the letters from Edinburgh gave of the torturing the Covenanters ; how grossly the Navy Board had cheated the Crown in the victualling of the fleet; and what grave charges the Lord Privy Seal had brought against the Treasury, in the matter of the hearth money. But people who lived at a distance from the great theatre of political contention could be kept regularly informed of what
*
It is scarcely necessary to say that there were then no Provincial Newspapers. Indeed, except in the Capital, and at two Universities, there was scarcely a printer in the Kingdom. The only press in England, north of Trent, appears to have been at York. " *
Macaulay winds up with a bitter, and perhaps deserved, denunciation of L'Estrange, whose intolerant Toryism, pursued its victims, even beyond the grave, with an inveteracy equal to that of Anthony Wood.
James the Second, like his brother, had a hatred of free Newspapers, and one of the laws made during his short reign was directed against the press. When the intelligence reached him that the Duke of Mon mouth had landed in the west—Argyle being in arms in the north—the Parliament was asked for money to crush the armed rebellion, and for a revival of the statute of 13th and 14th Charles the Second, that the rebellion in type might also be suppressed. The obedient Houses granted both demands, and the tram-
* Life of Thomas Gent. A complete list of all printing-houses in 1724, will be found in Nichols's Literary Anecdotes of the Eighteenth Century. There had then been a great increase within a few years in the number of presses, and yet there were thirty-four counties in which there was no printer, one of those counties being Lancashire. —Macaulay.
was passing there only by means of News-letters.
**
FURTHER RESTRICTIONS ON OPINION. 157
mels of printing were strengthened, whilst taxes were spent upon an armed force to keep James upon the throne. The imposition of this additional fetter on free expression calls from the statesman and historian Fox, the remark, that " this circumstance, important as it is, does not seem to have excited much attention at the time, which, considering the general principles then in fashion is not surprising. That it should have been scarcely noticed by any writer," continues he, " is more wonderful. It is time, however, that the terror inspired by the late prosecutions for libels, and violent conduct of the courts upon such occasions, rendered a formal destruction of the liberty of the press a matter of less importance. So little does the magis tracy, when it is inclined to act tyrannically, stand in need of tyrannical laws to effect its purpose. The bare silence and acquiescence of the legislature is in such
a case fully sufficient to annihilate, practically speak
ing, every right and liberty of the subject. "*
The Courts of Law, as well as the Parliament
House, interfered with the press. Soon after the execution of the supposed murderer of Sir Edmunbury Godfrey, there appeared in a Paper of the period a letter criticising the evidence adduced before the coroner's jury, and contending that the deceased knight had destroyed himself, and had not fallen by the hands of others. This letter was published in a journal called The Loyal Protestant Intelligence, the owner of which, one Nathaniel Thompson, was, it appears, known as the " Loyal Protestant Printer. "
Some of the witnesses in the case of Edmundbury * Fox's History of James the Second.
1-58 THE FOURTH ESTATE.
felt aggrieved at these comments in the Newspaper, and a prosecution was instituted against Thompson the printer, and the authors of the critique, William Pain and John Farwell. The trial took place at Guildhall, and a verdict of guilty having been returned, Mr. Justice Jones sentenced Thompson and Farwell to the pillory and to pay a fine of £100, whilst Pain escaped with a fine only. This judgment was carried out. On the 5th of July, 1682, Thompson and Farwell stood in the pillory in the Old Palace Yard at West minster, with this writing over their heads, "For libelling the justice of the nation, by making the world believe that Sir Edmundbury Godfrey murdered himself. "* Had Charles Dickens written in such times, he would inevitably have been made a martyr, had he ventured to give such admirable and useful
descriptions as the one in Pickwick, where the tyran nical rascalities of Mr. Fang are exposed.
The slavery of the press, whilst James the Second held power in England, was further manifested in the case of the pious and exemplary Richard Baxter, who having written a Paraphrase on the New Testament, certain passages were culled from (it said by
and declared to be an attack on the
L'Estrange,)
bishops. The infamous Jeffreys sat as judge in the case, and his coarse brutality towards the pious divine has formed subject of remark to every writer who has referred to the trial. Baxter was condemned, and fined £500, and ordered to lie in prison till the money was paid.
