The Dangers of Over-regulation
This is a guest post by John Milton
Since the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and falsity than by reading all manner of tractates and hearing all manner of reason?
And this is the benefit which may be had of books promiscuously read. But of the harm that may result hence three kinds are usually reckoned. First, is feared the infection that may spread; but then all human learning and controversy in religious points must remove out of the world, yea the Bible itself; for that ofttimes relates blasphemy not nicely, it describes the carnal sense of wicked men not unelegantly, it brings in holiest men passionately murmuring against Providence through all the arguments of Epicurus: in other great disputes it answers dubiously and darkly to the common reader. For these causes we all know the Bible itself put by the Papist must be next removed, as Clement of Alexandria, and that Eusebian book of Evangelic preparation, transmitting our ears through a hoard of heathenish obscenities to receive the Gospel. Who finds not that Irenaeus, Epiphanius, Jerome, and others discover more heresies than they well confute, and that oft for heresy which is the truer opinion?
Seeing, therefore, that those books, and those in great abundance, which are likeliest to taint both life and doctrine, cannot be suppressed without the fall of learning and of all ability in disputation, and that these books of either sort are most and soonest catching to the learned, from whom to the common people whatever is heretical or dissolute may quickly be conveyed, and that evil manners are as perfectly learnt without books a thousand other ways which cannot be stopped, and evil doctrine not with books can propagate, except a teacher guide, which he might also do without writing, and so beyond prohibiting, I am not able to unfold, how this cautelous enterprise of licensing can be exempted from the number of vain and impossible attempts. And he who were pleasantly disposed could not well avoid to liken it to the exploit of that gallant man who thought to pound up the crows by shutting his park gate.
Besides another inconvenience, if learned men be the first receivers out of books and dispreaders both of vice and error, how shall the licensers themselves be confided in, unless we can confer upon them, or they assume to themselves above all others in the land, the grace of infallibility and uncorruptedness? And again, if it be true that a wise man, like a good refiner, can gather gold out of the drossiest volume, and that a fool will be a fool with the best book, yea or without book; there is no reason that we should deprive a wise man of any advantage to his wisdom, while we seek to restrain from a fool, that which being restrained will be no hindrance to his folly. For if there should be so much exactness always used to keep that from him which is unfit for his reading, we should in the judgment of Aristotle not only, but of Solomon and of our Saviour, not vouchsafe him good precepts, and by consequence not willingly admit him to good books; as being certain that a wise man will make better use of an idle pamphlet, than a fool will do of sacred Scripture.
'Tis next alleged we must not expose ourselves to temptations without necessity, and next to that, not employ our time in vain things. To both these objections one answer will serve, out of the grounds already laid, that to all men such books are not temptations, nor vanities, but useful drugs and materials wherewith to temper and compose effective and strong medicines, which man's life cannot want. The rest, as children and childish men, who have not the art to qualify and prepare these working minerals, well may be exhorted to forbear, but hindered forcibly they cannot be by all the licensing that Sainted Inquisition could ever yet contrive. Which is what I promised to deliver next: that this order of licensing conduces nothing to the end for which it was framed; and hath almost prevented me by being clear already while thus much hath been explaining.
If we think to regulate printing, thereby to rectify manners, we must regulate all recreation and pastimes, all that is delightful to man. No music must be heard, no song be set or sung, but what is grave and Doric. There must be licensing dancers, that no gesture, motion, or deportment be taught our youth but what by their allowance shall be thought honest; for such Plato was provided of. It will ask more than the work of twenty licensers to examine all the lutes, the violins, and the guitars in every house; they must not be suffered to prattle as they do, but must be licensed what they may say. And who shall silence all the airs and madrigals that whisper softness in chambers? The windows also, and the balconies must be thought on; there are shrewd books, with dangerous frontispieces, set to sale; who shall prohibit them, shall twenty licensers? The villages also must have their visitors to inquire what lectures the bagpipe and the rebeck reads, even to the ballatry and the gamut of every municipal fiddler, for these are the countryman's Arcadias, and his Monte Mayors.
Next, what more national corruption, for which England hears ill abroad, than household gluttony: who shall be the rectors of our daily rioting? And what shall be done to inhibit the multitudes that frequent those houses where drunkenness is sold and harboured? Our garments also should be referred to the licensing of some more sober workmasters to see them cut into a less wanton garb. Who shall regulate all the mixed conversation of our youth, male and female together, as is the fashion of this country? Who shall still appoint what shall be discoursed, what presumed, and no further? Lastly, who shall forbid and separate all idle resort, all evil company? These things will be, and must be; but how they shall be least hurtful, how least enticing, herein consists the grave and governing wisdom of a state.
Impunity and remissness, for certain, are the bane of a commonwealth; but here the great art lies, to discern in what the law is to bid restraint and punishment, and in what things persuasion only is to work. If every action, which is good or evil in man at ripe years, were to be under pittance and prescription and compulsion, what were virtue but a name, what praise could be then due to well-doing, what gramercy to be sober, just, or continent? They are not skilful considerers of human things, who imagine to remove sin by removing the matter of sin; for, besides that it is a huge heap increasing under the very act of diminishing, though some part of it may for a time be withdrawn from some persons, it cannot from all, in such a universal thing as books are; and when this is done, yet the sin remains entire. Though ye take from a covetous man all his treasure, he has yet one jewel left, ye cannot bereave him of his covetousness. Banish all objects of lust, shut up all youth into the severest discipline that can be exercised in any hermitage, ye cannot make them chaste, that came not hither so; such great care and wisdom is required to the right managing of this point. Suppose we could expel sin by this means; look how much we thus expel of sin, so much we expel of virtue: for the matter of them both is the same; remove that, and ye remove them both alike.
It would be better done, to learn that the law must needs be frivolous, which goes to restrain things, uncertainly and yet equally working to good and to evil. And albeit whatever thing we hear or see, sitting, walking, travelling, or conversing, may be fitly called our book, and is of the same effect that writings are, yet grant the thing to be prohibited were only books, it appears that this Order hitherto is far insufficient to the end which it intends. Do we not see, not once or oftener, but weekly, that continued court-libel against the Parliament and City, printed, as the wet sheets can witness, and dispersed among us, for all that licensing can do? Yet this is the prime service a man would think, wherein this Order should give proof of itself. If it were executed, you'll say. But certain, if execution be remiss or blindfold now, and in this particular, what will it be hereafter and in other books?
If then the Order shall not be vain and frustrate, behold a New Labour. Ye must repeal and proscribe all scandalous and unlicensed books already printed and divulged; after ye have drawn them up into a list, that all may know which are condemned, and which not; and ordain that no foreign books be delivered out of custody, till they have been read over. This office will require the whole time of not a few overseers, and those no vulgar men. There be also books which are partly useful and excellent, partly culpable and pernicious; this work will ask as many more officials, to make expurgations and expunctions, that the commonwealth of learning be not damnified. In fine, when the multitude of books increase upon their hands, ye must be fain to catalogue all those printers who are found frequently offending, and forbid the importation of their whole suspected typography.
Truth and understanding are not such wares as to be monopolized and traded in by tickets and statutes and standards. We must not think to make a staple commodity of all the knowledge in the land, to mark and licence it like our broadcloth and our woolpacks. What is it but a servitude like that imposed by the Philistines, not to be allowed the sharpening of our own axes and coulters, but we must repair from all quarters to twenty licensing forges? Had anyone written and divulged erroneous things and scandalous to honest life, misusing and forfeiting the esteem had of his reason among men, if after conviction this only censure were adjudged him that he should never henceforth write but what were first examined by an appointed officer, whose hand should be annexed to pass his credit for him that now he might be safely read; it could not be apprehended less than a disgraceful punishment. Whence to include the whole nation, and those that never yet thus offended, under such a diffident and suspectful prohibition, may plainly be understood what a disparagement it is.
Another sort there be who, when they hear that all things shall be ordered, all things regulated and settled, nothing written but what passes through the custom-house of certain publicans that have the tonnaging and poundaging of all free-spoken truth, will straight give themselves up into your hands, make 'em and cut 'em out what religion ye please: there be delights, there be recreations and jolly pastimes that will fetch the day about from sun to sun, and rock the tedious year as in a delightful dream. What need they torture their heads with that which others have taken so strictly and so unalterably into their own purveying? These are the fruits which a dull ease and cessation of our knowledge will bring forth among the people. How goodly and how to be wished were such an obedient unanimity as this, what a fine conformity would it starch us all into! Doubtless a staunch and solid piece of framework, as any January could freeze together.
What would ye do then? should ye suppress all this flowery crop of knowledge and new light sprung up and yet springing daily in this city? Should ye set an oligarchy of twenty engrossers over it, to bring a famine upon our minds again, when we shall know nothing but what is measured to us by their bushel? Ye cannot make us now less capable, less knowing, less eagerly pursuing of the truth, unless ye first make yourselves, that made us so, less the lovers, less the founders of our true liberty. We can grow ignorant again, brutish, formal and slavish, as ye found us; but you then must first become that which ye cannot be, oppressive, arbitrary and tyrannous, as they were from whom ye have freed us.
That our hearts are now more capacious, our thoughts more erected to the search and expectation of greatest and exactest things, is the issue of your own virtue propagated in us; ye cannot suppress that, unless ye reinforce an abrogated and merciless law, that fathers may dispatch at will their own children. Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.
Extracted from Areopagitica(1644)
John Milton was born on 9th December 1608
Since the knowledge and survey of vice is in this world so necessary to the constituting of human virtue, and the scanning of error to the confirmation of truth, how can we more safely, and with less danger, scout into the regions of sin and falsity than by reading all manner of tractates and hearing all manner of reason?And this is the benefit which may be had of books promiscuously read. But of the harm that may result hence three kinds are usually reckoned. First, is feared the infection that may spread; but then all human learning and controversy in religious points must remove out of the world, yea the Bible itself; for that ofttimes relates blasphemy not nicely, it describes the carnal sense of wicked men not unelegantly, it brings in holiest men passionately murmuring against Providence through all the arguments of Epicurus: in other great disputes it answers dubiously and darkly to the common reader. For these causes we all know the Bible itself put by the Papist must be next removed, as Clement of Alexandria, and that Eusebian book of Evangelic preparation, transmitting our ears through a hoard of heathenish obscenities to receive the Gospel. Who finds not that Irenaeus, Epiphanius, Jerome, and others discover more heresies than they well confute, and that oft for heresy which is the truer opinion?
Seeing, therefore, that those books, and those in great abundance, which are likeliest to taint both life and doctrine, cannot be suppressed without the fall of learning and of all ability in disputation, and that these books of either sort are most and soonest catching to the learned, from whom to the common people whatever is heretical or dissolute may quickly be conveyed, and that evil manners are as perfectly learnt without books a thousand other ways which cannot be stopped, and evil doctrine not with books can propagate, except a teacher guide, which he might also do without writing, and so beyond prohibiting, I am not able to unfold, how this cautelous enterprise of licensing can be exempted from the number of vain and impossible attempts. And he who were pleasantly disposed could not well avoid to liken it to the exploit of that gallant man who thought to pound up the crows by shutting his park gate.
Besides another inconvenience, if learned men be the first receivers out of books and dispreaders both of vice and error, how shall the licensers themselves be confided in, unless we can confer upon them, or they assume to themselves above all others in the land, the grace of infallibility and uncorruptedness? And again, if it be true that a wise man, like a good refiner, can gather gold out of the drossiest volume, and that a fool will be a fool with the best book, yea or without book; there is no reason that we should deprive a wise man of any advantage to his wisdom, while we seek to restrain from a fool, that which being restrained will be no hindrance to his folly. For if there should be so much exactness always used to keep that from him which is unfit for his reading, we should in the judgment of Aristotle not only, but of Solomon and of our Saviour, not vouchsafe him good precepts, and by consequence not willingly admit him to good books; as being certain that a wise man will make better use of an idle pamphlet, than a fool will do of sacred Scripture.
'Tis next alleged we must not expose ourselves to temptations without necessity, and next to that, not employ our time in vain things. To both these objections one answer will serve, out of the grounds already laid, that to all men such books are not temptations, nor vanities, but useful drugs and materials wherewith to temper and compose effective and strong medicines, which man's life cannot want. The rest, as children and childish men, who have not the art to qualify and prepare these working minerals, well may be exhorted to forbear, but hindered forcibly they cannot be by all the licensing that Sainted Inquisition could ever yet contrive. Which is what I promised to deliver next: that this order of licensing conduces nothing to the end for which it was framed; and hath almost prevented me by being clear already while thus much hath been explaining.
If we think to regulate printing, thereby to rectify manners, we must regulate all recreation and pastimes, all that is delightful to man. No music must be heard, no song be set or sung, but what is grave and Doric. There must be licensing dancers, that no gesture, motion, or deportment be taught our youth but what by their allowance shall be thought honest; for such Plato was provided of. It will ask more than the work of twenty licensers to examine all the lutes, the violins, and the guitars in every house; they must not be suffered to prattle as they do, but must be licensed what they may say. And who shall silence all the airs and madrigals that whisper softness in chambers? The windows also, and the balconies must be thought on; there are shrewd books, with dangerous frontispieces, set to sale; who shall prohibit them, shall twenty licensers? The villages also must have their visitors to inquire what lectures the bagpipe and the rebeck reads, even to the ballatry and the gamut of every municipal fiddler, for these are the countryman's Arcadias, and his Monte Mayors.
Next, what more national corruption, for which England hears ill abroad, than household gluttony: who shall be the rectors of our daily rioting? And what shall be done to inhibit the multitudes that frequent those houses where drunkenness is sold and harboured? Our garments also should be referred to the licensing of some more sober workmasters to see them cut into a less wanton garb. Who shall regulate all the mixed conversation of our youth, male and female together, as is the fashion of this country? Who shall still appoint what shall be discoursed, what presumed, and no further? Lastly, who shall forbid and separate all idle resort, all evil company? These things will be, and must be; but how they shall be least hurtful, how least enticing, herein consists the grave and governing wisdom of a state.
Impunity and remissness, for certain, are the bane of a commonwealth; but here the great art lies, to discern in what the law is to bid restraint and punishment, and in what things persuasion only is to work. If every action, which is good or evil in man at ripe years, were to be under pittance and prescription and compulsion, what were virtue but a name, what praise could be then due to well-doing, what gramercy to be sober, just, or continent? They are not skilful considerers of human things, who imagine to remove sin by removing the matter of sin; for, besides that it is a huge heap increasing under the very act of diminishing, though some part of it may for a time be withdrawn from some persons, it cannot from all, in such a universal thing as books are; and when this is done, yet the sin remains entire. Though ye take from a covetous man all his treasure, he has yet one jewel left, ye cannot bereave him of his covetousness. Banish all objects of lust, shut up all youth into the severest discipline that can be exercised in any hermitage, ye cannot make them chaste, that came not hither so; such great care and wisdom is required to the right managing of this point. Suppose we could expel sin by this means; look how much we thus expel of sin, so much we expel of virtue: for the matter of them both is the same; remove that, and ye remove them both alike.
It would be better done, to learn that the law must needs be frivolous, which goes to restrain things, uncertainly and yet equally working to good and to evil. And albeit whatever thing we hear or see, sitting, walking, travelling, or conversing, may be fitly called our book, and is of the same effect that writings are, yet grant the thing to be prohibited were only books, it appears that this Order hitherto is far insufficient to the end which it intends. Do we not see, not once or oftener, but weekly, that continued court-libel against the Parliament and City, printed, as the wet sheets can witness, and dispersed among us, for all that licensing can do? Yet this is the prime service a man would think, wherein this Order should give proof of itself. If it were executed, you'll say. But certain, if execution be remiss or blindfold now, and in this particular, what will it be hereafter and in other books?
If then the Order shall not be vain and frustrate, behold a New Labour. Ye must repeal and proscribe all scandalous and unlicensed books already printed and divulged; after ye have drawn them up into a list, that all may know which are condemned, and which not; and ordain that no foreign books be delivered out of custody, till they have been read over. This office will require the whole time of not a few overseers, and those no vulgar men. There be also books which are partly useful and excellent, partly culpable and pernicious; this work will ask as many more officials, to make expurgations and expunctions, that the commonwealth of learning be not damnified. In fine, when the multitude of books increase upon their hands, ye must be fain to catalogue all those printers who are found frequently offending, and forbid the importation of their whole suspected typography.
Truth and understanding are not such wares as to be monopolized and traded in by tickets and statutes and standards. We must not think to make a staple commodity of all the knowledge in the land, to mark and licence it like our broadcloth and our woolpacks. What is it but a servitude like that imposed by the Philistines, not to be allowed the sharpening of our own axes and coulters, but we must repair from all quarters to twenty licensing forges? Had anyone written and divulged erroneous things and scandalous to honest life, misusing and forfeiting the esteem had of his reason among men, if after conviction this only censure were adjudged him that he should never henceforth write but what were first examined by an appointed officer, whose hand should be annexed to pass his credit for him that now he might be safely read; it could not be apprehended less than a disgraceful punishment. Whence to include the whole nation, and those that never yet thus offended, under such a diffident and suspectful prohibition, may plainly be understood what a disparagement it is.
Another sort there be who, when they hear that all things shall be ordered, all things regulated and settled, nothing written but what passes through the custom-house of certain publicans that have the tonnaging and poundaging of all free-spoken truth, will straight give themselves up into your hands, make 'em and cut 'em out what religion ye please: there be delights, there be recreations and jolly pastimes that will fetch the day about from sun to sun, and rock the tedious year as in a delightful dream. What need they torture their heads with that which others have taken so strictly and so unalterably into their own purveying? These are the fruits which a dull ease and cessation of our knowledge will bring forth among the people. How goodly and how to be wished were such an obedient unanimity as this, what a fine conformity would it starch us all into! Doubtless a staunch and solid piece of framework, as any January could freeze together.
What would ye do then? should ye suppress all this flowery crop of knowledge and new light sprung up and yet springing daily in this city? Should ye set an oligarchy of twenty engrossers over it, to bring a famine upon our minds again, when we shall know nothing but what is measured to us by their bushel? Ye cannot make us now less capable, less knowing, less eagerly pursuing of the truth, unless ye first make yourselves, that made us so, less the lovers, less the founders of our true liberty. We can grow ignorant again, brutish, formal and slavish, as ye found us; but you then must first become that which ye cannot be, oppressive, arbitrary and tyrannous, as they were from whom ye have freed us.
That our hearts are now more capacious, our thoughts more erected to the search and expectation of greatest and exactest things, is the issue of your own virtue propagated in us; ye cannot suppress that, unless ye reinforce an abrogated and merciless law, that fathers may dispatch at will their own children. Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.
Extracted from Areopagitica(1644)
John Milton was born on 9th December 1608
Comments
Ah thou and thy lot were always taking liberties, Mr Milton!
Your embarrassment is surely of the Evil One, Mr Valdemar. As I said in my most celebrated poem regarding the "rites mysterious of connubial love",
Our Maker bids increase; who bids abstain
But our destroyer, Foe to God and man?
Mr Olive, I don't doubt that Mssrs Hanna and Barbera, learned men both, were aware that in writing of the life enjoyed by our First Parents they were following my example; and how better were my poesie to be remembr'd than by a subtle evocation of my iambics.
Edwin, may I in all humility refer you to the Second Defence of the English People, and in particular its concluding words:
"Thus far, More, I have given an account of myself, in order to stop your mouth and refute your lies, chiefly because of the good men who otherwise know nothing of me.."