came to a
vote, which at the time attracted little attention, which produced no
excitement, which has been left unnoticed by voluminous annalists, and
of which the history can be but imperfectly traced in the archives of
Parliament, but which has done more for liberty and for civilisation
than the Great Charter or the Bill of Rights. Early in the session a
select committee had been appointed to ascertain what temporary statutes
were about to expire, and to consider which of those statutes it
might be expedient to continue. The report was made; and all the
recommendations contained in that report were adopted, with one
exception. Among the laws which the committee advised the House to renew
was the law which subjected the press to a censorship. The question was
put, "that the House do agree with the committee in the resolution that
the Act entitled an Act for preventing Abuses in printing seditious,
treasonable and unlicensed Pamphlets, and for regulating of Printing and
Printing Presses, be continued." The Speaker pronounced that the Noes
had it; and the Ayes did not think fit to divide.
A bill for continuing all the other temporary Acts, which, in the
opinion of the Committee, could not properly be suffered to expire, was
brought in, passed and sent to the Lords. In a short time this bill came
back with an important amendment. The Lords had inserted in the list of
Acts to be continued the Act which placed the press under the control of
licensers. The Commons resolved not to agree to the amendment, demanded
a conference, and appointed a committee of managers. The leading
manager was Edward Clarke, a stanch Whig, who represented Taunton, the
stronghold, during fifty troubled years, of civil and religious freedom.
Clarke delivered to the Lords in the Painted Chamber a paper containing
the reasons which had determined the Lower House not to renew the
Licensing Act. This paper completely vindicates the resolution to which
the Commons had come. But it proves at the same time that they knew not
what they were doing, what a revolution they were making, what a power
they were calling into existence. They pointed out concisely, clearly,
forcibly, and sometimes with a grave irony which is not unbecoming, the
absurdities and iniquities of the statute which was about to expire. But
all their objections will be found to relate to matters of detail. On
the great question of principle, on the question whether the liberty of
unlicen
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