Notes
Notes Introduction 1. Hill, 34. 2. Eisenhardt makes a similar observation with respect to continental Europe (145-46); see also Hasse, 375. In 1643-44, two pamphlets supporting toleration for the radical sects, one by Henry Robinson, the other by William Walwyn, anticipated Areopagitica 's defense of a free press by a few months, but since these deal exclusively with the publishing of religious beliefs, the scope of their argument seems significantly narrower than Milton's (see Sirluck, 2:84-91). Yet a case could be made that the first principled demand for a free press dates from 1643 rather than 1644. Note that all three works attack the 1643 parliamentary licensing order, not the Tudor-Stuart regulations , which had lapsed two years earlier. 3. In Salman Rushdie's words, "the defense of free speech begins at the point when people say something you can't stand. If you can't defend their right to say it, then you don't believe in free speech" (Rushdie). 4. Hill, 32; see also Wickham, 2:94; Siebert. For overviews of the scholarship, see the introductory chapters in Clegg, Elizabethan and Jacobean; Post, "Introduction;' 1-16. 5. Clegg, Jacobean, 219. See also A. Milton, "Licensing;' 650; Lambert, 68; Worden. 6. Clegg, Elizabethan, 5. ~Clegg,Jacobean,20. 8. Holinshed, 1:291; on the censorship of this text, see Donno; Patterson, Reading ; Clegg, Elizabethan; Castanien. 9. The incident is discussed by Thompson, 668. 10. Ben Jonson, 1:141. 11. See Chapter 9. 12. Lake, Boxmaker's Revenge, 283-85 and passim. As is so often the case, the actual reason turned out to be different from what one would have assumed: the High Commissioners did not hunt down this eccentric boxmaker, but were hounded into prosecuting by a relentlessly doctrinaire puritan minister. 13. See Worden, 47; Johns, 189, 263-64; A. Milton, "Licensing;' 634. 14. Patterson, Reading, 263; Clare, 93; Castanien, 34, 80, 308; Finkelpearl, 125; Heinemann, 39; Bellany, "Poisoning;' 162. 15. Blackstone, l:xlvi-xlvii. 16. Lackmann, 15; Reusch, Die Indices, 176. 278 Notes to Pages 6-14 17. Hooker, 5.2.3. Hooker's claim has met with some skepticism on, I suppose, the grounds that the lowest motive is always the real one-a view that oddly supposes that a person only has one real motive for doing something. 18. Post, "Introduction;' 2-4. 19. Kaplan, 1. Note that even in this stark formulation, the ethical reinsinuates itself into the political, since we are clearly meant to side with the poets in their brave resistance to state control. 20. I am not suggesting that one do this in full sight of a police car. 21. Grey's Case (1582), reprinted in Baker and Milsom, 640. The reference here is specifically to civil actions, which were always brought by individuals, not by the state. 22. The instances that come to mind are the prosecution of Stubbs for Gaping Gulfand Hayward for Henry IIIL Both men, it should be added, went on to have successful careers in church and state as loyal defenders of the established order. 23. I was pleased but not surprised to find that a Google search for "Howard Stern censorship" yielded over 68,000 hits. 24. The quotation comes from the judgment handed down by the United Nations International Criminal Tribunal for Rwanda, citing UN General Assembly Resolution 59.1. See "Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze;' section 944, http://129.194.252.80/catfiles/2905.pdf. 25. A few years ago, the claim that Roman law played a significant role in English jurisprudence would have seemed equally astonishing, but the recent work of KnafIa, Maclean, and Helmholz has done much to dispel the myth of English law's splendid isolation. See also Tubbs, 116-19, 223n17. 26. See Horace, Ars poetica, 11. 1-9a. 27. Thus virtually all our information concerning the censorship of Selden's History of Tithes derives from Selden's own belated and self-serving accounts of the incident (see Toomer, 360, 362n74, and passim). Chapter 1 1. Mocket, A2r. 2. Browne, 5. Cromartie's figures indicate that between October 1641 and February 1642, over half the printed parliamentary speeches were forgeries (27). 3. Fuller, 59ยท 4. Parker, 16. 5. A Presse Full ofPamphlets, AI-A2. 6. Rushworth, B2. 7. Quoted in Clyde, 57-58. 8. Ibid., 43-44. 9. See Raymond, Invention, 7-8, 28-29, 89, 116-17, 126, 134, 150-51, 221-24, 230, 278-79; Raymond, Making the...
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