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PAGE 3

Vindication Of The Licensers Of The Stage
by [?]

I shall, however, to silence him entirely, or at least to show those of our party that he ought to be silent, consider singly every instance of hardship and oppression which he has dared to publish in the papers, and to publish in such a manner, that I hope no man will condemn me for want of candour in becoming an advocate for the ministry, if I can consider his advertisements as nothing less than AN APPEAL TO HIS COUNTRY.

Let me be forgiven if I cannot speak with temper of such insolence as this: is a man without title, pension, or place, to suspect the impartiality or the judgment of those who are entrusted with the administration of publick affairs? Is he, when the law is not strictly observed in regard to him, to think himself aggrieved, to tell his sentiments in print, assert his claim to better usage, and fly for redress to another tribunal?

If such practices are permitted, I will not venture to foretell the effects of them; the ministry may soon be convinced, that such sufferers will find compassion, and that it is safer not to bear hard upon them, than to allow them to complain.

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.