The power of licensing, in general, being firmly established by an act of parliament, our poet has not attempted to call in question, but contents himself with censuring the manner in which it has been executed; so that I am not now engaged to assert the licenser's authority, but to defend his conduct.
The poet seems to think himself aggrieved, because the licenser kept his tragedy in his hands one-and-twenty days, whereas the law allows him to detain it only fourteen. Where will the insolence of the malecontents end? Or how are such unreasonable expectations possibly to be satisfied? Was it ever known that a man exalted into a high station, dismissed a suppliant in the time limited by law? Ought not Mr. Brooke to think himself happy that his play was not detained longer? If he had been kept a year in suspense, what redress could he have obtained? Let the poets remember, when they appear before the licenser, or his deputy, that they stand at the tribunal, from which there is no appeal permitted, and where nothing will so well become them as reverence and submission.
Mr. Brooke mentions, in his preface, his knowledge of the laws of his own country: had he extended his inquiries to the civil law, he could have found a full justification of the licenser's conduct, "Boni judicis est ampliare suam auctoritatem."
If then it be "the business of a good judge to enlarge his authority," was it not in the licenser the utmost clemency and forbearance, to extend fourteen days only to twenty-one?
I suppose this great man's inclination to perform, at least, this duty of a good judge, is not questioned by any, either of his friends or enemies. I may, therefore, venture to hope, that he will extend his power by proper degrees, and that I shall live to see a malecontent writer earnestly soliciting for the copy of a play, which he had delivered to the licenser twenty years before.
"I waited," says he, "often on the licenser, and with the utmost importunity entreated an answer." Let Mr. Brooke consider, whether that importunity was not a sufficient reason for the disappointment. Let him reflect how much more decent it had been to have waited the leisure of a great man, than to have pressed upon him with repeated petitions, and to have intruded upon those precious moments which he has dedicated to the service of his country.
Mr. Brooke was, doubtless, led into this improper manner of acting, by an erroneous notion that the grant of a license was not an act of favour, but of justice; a mistake into which he could not have fallen, but from a supine inattention to the design of the statute, which was only to bring poets into subjection and dependence, not to encourage good writers, but to discourage all.
There lies no obligation upon the licenser to grant his sanction to a play, however excellent; nor can Mr. Brooke demand any reparation, whatever applause his performance may meet with.
Another grievance is, that the licenser assigned no reason for his refusal. This is a higher strain of insolence than any of the former. Is it for a poet to demand a licenser's reason for his proceedings? Is he not rather to acquiesce in the decision of authority, and conclude, that there are reasons which he cannot comprehend?
Unhappy would it be for men in power, were they always obliged to publish the motives of their conduct. What is power, but the liberty of acting without being accountable? The advocates for the licensing act have alleged, that the lord chamberlain has always had authority to prohibit the representation of a play for just reasons. Why then did we call in all our force to procure an act of parliament? Was it to enable him to do what he has always done? to confirm an authority which no man attempted to impair, or pretended to dispute?