Books Condemned to be Burnt

by James Anson Farrer

A few days later (December 1st) a second conference between the two Houses condemned No. 45 to be burnt at the Royal Exchange by the common hangman. And so it was on the 3rd, but not without a riot, which conveys a vivid picture of those "good old" or turbulent days; for the mob, encouraged by well-dressed people from the shops and balconies, who cried out, "Well done, boys! bravely done, boys!" set up such a hissing, that the sheriff's horses were frightened, and brave Alderman Hurley with difficulty reached the place where the paper was to be burnt. The mob seized what they could of the paper from the burning torch of the executioner, and finally thrashed the officials from the field. Practically, too, they had thrashed the custom out of existence, for there were very few such burnings afterwards.

Wilkes was then expelled from the House of Commons; and the same House, becoming suddenly as tender of its privileges as it had previously been indifferent to them, passed a resolution, to which the Attorney-General, Sir Fletcher Norton, was said to have declared that he would pay no more regard than "to the oaths of so many drunken porters in Covent Garden," to the effect that a general warrant for apprehending and seizing the authors, printers, and publishers of a seditious and treasonable libel was not warranted by law. Such was the vaunted wisdom of our ancestors, that, having first decided that there could be no breach of privilege to protect a seditious libel, they then asserted the illegality of the very proceedings they had already justified! Truly they are not altogether in the wrong who deem that the chief glory of our Constitution lies in its singular elasticity.

All the numbers of the North Briton especially No. 45, have high interest as political and literary curiosities. Comparing even now the King's speech on April 19th, 1763, at the close of the Seven Years' War, with the passage in No. 45 which contained the sting of the whole, one feels that Walpole hardly exaggerated when he said that Wilkes had given "a flat lie to the King himself." Perhaps so; but are royal speeches as a rule conspicuous for their truth? The King had said: "My expectations have been fully answered by the happy effects which the several allies of my crown have derived from this salutary measure. The powers at war with my good brother the King of Prussia have been induced to agree to such terms of accommodation as that great prince has approved; and the success which has attended my negotiation has necessarily and immediately diffused the blessings of peace through every part of Europe." Wilkes's comment was as follows: "The infamous fallacy of this whole sentence is apparent to all mankind; for it is known that the King of Prussia did not barely approve, but absolutely dictated as conqueror, every article of the terms of peace. No advantage of any kind has accrued to that magnanimous prince from our negotiation; but he was basely deserted by the Scottish Prime Minister of England" (Lord Bute). And, after all, that truth was on the side of Wilkes rather than of the King is the verdict of history.

The House of Lords, soon after its unconstitutional attack upon popular liberties in the case of Wilkes, showed itself as suddenly enamoured of them a few months later, when Timothy Brecknock, a hack writer, published his Droit le Roy, or a Digest of the Rights and Prerogatives of the Imperial Crown of Great Britain (February 1764). Timothy, like Cowell in James I.'s time, favoured extreme monarchical pretensions, so much to the offence of the defenders of the people's rights, that they voted it "a false, malicious, and traitorous libel, inconsistent with the principles of the Revolution to which we owe the present happy establishment, and an audacious insult upon His Majesty, whose paternal care has been so early and so effectually shown to the religion, laws, and liberties of his people; tending to subvert the fundamental laws and liberties of these kingdoms and to introduce an illegal and arbitrary power." The Commons concurred with the Lords in condemning a copy to the flames at Westminster Palace Yard and the Exchange on February 25th and 27th respectively; and the book is consequently so rare that for practical purposes it no longer exists. Sad to say, the Royalist author came to as bad an end as his book, for in his own person as well he came to require the attentions of the hangman for a murder he committed in Ireland.

The next work which the Lower House concurred with the Upper in consigning to the hangman was The Present Crisis with regard to America Considered (February 24th, 1775); but of this book the fate it met with seems now the only ascertainable fact about it. It appears to enjoy the real distinction of having been the last book condemned by Parliament in England to the flames; although that honour has sometimes been claimed for the Commercial Restraints of Ireland, by Provost Hely Hutchinson (1779); a claim which will remain to be considered after a brief survey of the works which in Scotland the wisdom of Parliament saw fit to punish by fire.

The first order of this sort was dated November 16th, 1700, and sentenced to be burnt by the hangman at Mercat Cross His Majesty's High Commission and Estates of Parliament.

In the same way was treated A Defence of the Scots abdicating Darien, including an Answer to the Defence of the Scots Settlement there, and A Vindication of the same pamphlet, both by Walter Herries, who was ordered to be apprehended. More interesting to read would doubtless be a lampoon, said to reflect on everything sacred to Scotland, and burnt accordingly, which was called Caledonia; or, the Pedlar turned Merchant.

Dr. James Drake, whose Memorial of the Church of England was burnt in England in 1705, published a work two years earlier which stirred the Scotch Parliament to the same fiery point of indignation. This was his already mentioned Historia Anglo-Scotica: an impartial History of all that happened between the Kings and Kingdoms of England and Scotland from the beginning of the Reign of William the Conqueror to the Reign of Queen Elizabeth (1703). This stout volume of 423 pages Drake printed without any date or name, pretending that the manuscript had come to him in such a way that it was impossible to trace its authorship. He dedicated it to Sir Edward Seymour, one of Queen Anne's commissioners for the then meditated and unpopular union between the two kingdoms. It gave the gravest offence, and was burnt at the Mercat Cross on June 30th for containing "many reflections on the sovereignty and independence of this crown and nation." But, apart from the history that attaches to it, I doubt if any one could regard it with interest.

No less offence was given to Scotland by the English Whig writer William Attwood, whose Superiority and Direct Dominion of the Imperial Crown of England over the Crown and Kingdom of Scotland, the true Foundation of a Compleat Union reasserted (1704), was burnt as "scurrilous and full of falsehoods," whilst a liberal reward was voted to Hodges and Anderson, who by their pens had advocated the independence of the Scotch crown. Ten years later Attwood contributed another work to the flames, called The Scotch Patriot Unmasked (1715). Attwood was a barrister by profession, a controversialist in practice, writing against the theories of Filmer and the Tories. He had a great knowledge of old charters, and wrote an able but inconclusive answer to Molyneux' Case for Ireland. He last appears as Chief Justice in New York, where he became involved in debt and died.

In 1706 two works were condemned to the Mercat Cross: (1) An Account of the Burning of the Articles of Union at Dumfries; (2) Queries to the Presbyterian Noblemen, Barons, Burgesses, Ministers, and Commissioners in Scotland who are for the Scheme of an Incorporating Union with England.