СНАР. "him in the cause of the scandal, and the mischief "that must attend the impunity of such places, "where the foulest imputations were laid upon "the government, which were held to be lawful "to be reported and divulged to every body but "to the magistrates, who might examine and "punish them; of which there having yet been no precedent, people generally believed these "houses had a charter of privilege to speak what 66 they would without being in danger to be called "in question; and that it was high time for his Majesty to apply some remedy to such a growing "disease, and to reform the understanding of those "who believed that no remedy could be applied "to it. That it would be fit, either by a procla"mation to forbid all persons to resort to those "houses, and so totally to suppress them; or to employ some spies, who being present in the "conversation, might be ready to charge and accuse the persons who had talked with most "license in a subject that would bear a complaint; 66 upon which the proceedings might be in such a "manner, as would put an end to the confidence "which was only mischievous in those meetings. "The King liked both expedients, and thought "that the last could not justly be made use of till "the former should give fair warning; and com"manded him to propose it that same day in “Council, that some order might be given in it. "The Chancellor proposed it, as he was required, with such arguments as were like to "move with men who knew the circumstances 66 66 66 XIX. "which arose from those places; and the King CHAP. "himself mentioned it with passion, as derogatory "to the government, and directed that the Attorney might prepare a proclamation for the suppression of these houses, in which the Board "seemed to agree; when Sir William Coventry, "who had been heard within few days before to inveigh with much fierceness against the per"mission of so much seditious prattle in the impunity of these houses, stood up and said, 'that "coffee was a commodity that yielded the King a good revenue, and therefore it would not be just "to receive the duties and inhibit the sale of it, "" which many men found to be very good for their “ ́ health,’—as if it might not be bought and drunk "but in those licentious meetings; that it had "been permitted in Cromwell's time, and that "the King's friends had used more liberty of 66 666 666 speech in those places than they durst do in any "other; and that he thought it would be better "to leave them as they were, without running "the hazard of its being continued, notwith"standing his command to the contrary.' And 66 upon these reasons his Majesty was converted, "and declined any further debate, which put the "Chancellor much out of countenance; nor knew "he how to behave himself." * The measure recommended by Clarendon was carried into effect in 1675, a proclamation for shutting up coffee-houses being issued in December of that year: but the opinion, generally entertained CHAP. and loudly expressed, of its questionable legality, soon compelled the government to recall it.* XIX. Restric tions on the Press. June 7. 1660. Jealousy of the press had been exhibited by every government since the commencement of the civil war. The Long Parliament had issued ordinances against unlicensed printing in 1643, 1647, 1649, and 1652, similar in character to the Star-chamber decree of July 1637, which had limited the number of printers and presses, and prohibited all new publications which had not been previously approved by licensers.t The press was not less jealously watched and rigorously restricted under the sway of Cromwell‡; and it was but natural that a restrictive system should also be adopted by the government of the restored King. Vigilance was displayed early; and on the ninth day after the Restoration it was ordered in Council, that the Stationers' Company should seize, and deliver to the Secretary of State, all copies of Buchanan's " History of Scotland,' and "De jure regni apud Scotos," as being "very pernicious to monarchy, and injurious to his Majesty's blessed progenitors." But no attempt was made to arm the executive with authority derived from parliament, till the summer of the ensuing year, when, in July, 1661, a bill to restrain unlicensed and disorderly printing was read three times in both Houses; but in consequence of an amendment inserted by the Lords, which exempted 66 XIX. the dwelling-houses of peers from search, and to CHAP. which the Commons did not agree, the bill was dropped for that session.* In the following session, the consideration of this question was renewed; and an act was passed, which prohibited the printing and publishing of all books and pamphlets, unless entered with the Stationers' Company, and licensed in a manner therein provided. Books of law were to be licensed by the Lord Chancellor or one of the Chief Justices; books of history or politics, by the Secretary of State; of divinity, science, or philosophy, by the Archbishop of Canterbury or the Bishop of London; of heraldry, by the King at Arms. Unlicensed copies might be seized under a warrant from a Secretary of State, or the Master and Wardens of the Stationers' Company. Printing was confined to London and York, and the Universities. The number of master printers was limited to twenty; and they were obliged to give security, affix their names to their publications, and declare their authors if required by the licenser. This act, which was only for three years, was twice renewed, and finally expired in 1679. Roger L'Estrange, a noted pamphleteer, was appointed licenser; and, through his activity, many persons were apprehended. Of these, Twyn, the printer of a seditious book, was tried for high treason, and suffered death in February, 1663. The book was intitled "A Treatise of the Execution of Justice, wherein * Lords' Journ. July 29, 1661. Com. Journ. July 27-29, 1661. CHAP. 66 "is clearly proved, that the Execution of Judg"ment and Justice is as well the People's as the Magistrates' Duty; and if the Magistrates per"vert Judgment, the People are bound by the "Law of God to execute Judgment without them "and upon them." Particular passages were not quoted on the trial, but the indictable matter was said to be in substance as follows:-"1. The Supreme Magistrate is made accountable to the people. 2. The People are rebelliously invited "to take the management of the government into "their own hands. 3. They are animated to take up arms, not only against the person of his sacred Majesty, but likewise against the royal family. 4. They are stirred up to a Revolt (in that very term) 66 as an action honourable and conscientious; mak 66 66 66 66 ing publication, in the next clause, of encourage"ment to any town, city, or county in the three "nations to begin the work. 5. The people are laboured, not only to cast off their allegiance to "the King, but, in direct terms, to put his sacred 66 Majesty to death. And to the purposes before " mentioned, tends the whole scope of the Trea"tise."* If this description truly conveyed the meaning of the work, it cannot be denied that the publisher was justly amenable to punishment for having intended to scatter such fire brands among the people at such a time. But the indictment of Twyn for high treason, and the declaration of the Judge, that "the publishing of this book is all * State Trials, vi. 531. |