John Milton knew just what
he was risking—his freedom, his very
life perhaps when he published a pamphlet named Areopagitica; A speech of Mr. John Milton
for the Liberty of Unlicenc’d Printing, to the Parliament of England on
November 23, 1644. He never actually
gave the speech publicly. It was the defiant act of publishing it at all
that was the point. Parliament,
which he had supported loyally as a having been a leading Presbyterian pen man during the English Civil War, had passed the Ordinance for the Regulating of Printing or Licensing Order of 1643, which required authors to have a license
approved by the government
before their work could be published. We would now call this prior restraint. It was
aimed not only at Royalists and Catholics but at any critics of Parliament. Milton
blatantly did not obtain the required license and the pamphlet, although a scholarly and well-reasoned appeal was a rebuke of Parliament’s increasingly dictatorial ways.
English poet, theologian, and political
radical John Milton was born on December 9, 1608 in Cheapside, London under
the sign of the Spread Eagle Inn. His father,
also named John, came from a fairly wealthy
Catholic family but had been disowned
after throwing his lot with the emerging Protestants.
Young
John was educated at St. Paul’s School
and Christ College, Cambridge with an eye to joining the Anglican clergy. At school he showed an amazing facility for languages, both classical
and modern. He mastered Hebrew, Greek, Latin, and Old English as well as Italian,
French, Spanish, and Dutch. He was soon composing original poetry in Latin and Italian as well as English.
John Milton as a young scholar.
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Milton
abandoned his plans to join the priesthood
and determined to self-educate himself. He retreated to his father’s ancestral home in Buckinghamshire for six years of intensive study. Not only
was he said to have read “every book that could be found in England,” he
undertook an intensive study of the Bible, including familiarity with
the earliest available texts in
Hebrew and Greek.
In
1638 Milton embarked on a 16 month tour of France
and Italy, where he sought out and
met many of the leading intellectuals,
poets, and philosophers of the late Renaissance. Perhaps most influentially, he met the astronomer Galileo, whose persecution would inform his later crusades
against censorship.
Returning
to England he became involved in the rising religious dissent leading to the English Civil War. He published three pamphlets, Of
Reformation touching Church Discipline in England Of
Prelatical Episcopacy, and The Reason of Church-Government Urged
against Prelaty which won the wide approval of the Puritan party.
About
the same Milton took a 16 year old wife, Mary
Powel. It was not a happy marriage to say the least and
despite giving him three daughters the two lived
apart most of the time until her death.
The misery of his marriage later caused Milton to publicly champion divorce, a strict taboo to Catholics, Anglicans, and Dissenters alike. Indirectly
his experience as the advocate of a despised
and unpopular cause would inform
his views on freedom of expression.
Following the publication of three pro-divorce arguments he came under
vicious attack and calls for his official
prosecution. His work was likely
among those that Parliament had in mind when he began work on the Areopagitica.
A vary dangerous and daring book indeed.
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Typically
the learned and widely read Milton drew on a Classic allusion, probably obscure
in his own time, as the inspiration for his title. Areopagitikos was the title of a
published oration by the Athenian Isocrates in the 5th century. Areopagus
was a hill in Athens, the site of legendary tribunals and the name of a democratic council whose power
Isocrates hoped to restore. Like the
Greek, Milton published rather than actually declaimed his oration and
addressed it to the authorities who were both the agents of the protested
injustice in the hope that reason and
good sense would change their views.
In
the pamphlet Milton leveraged his reputation as the enemy of the episcopacy and
supporter of Parliament. He began with
flattery—compliments England for
having overcome the tyranny of Charles I and the prelates. Then he maintained his sincere loyalty but
avowed his complaints about the restrictions placed on public discourse
represented constructive criticism, a
virtuous alternative to false
flattery. Then he expressed confidence
that Parliament would heed the voice of reason and would be willing to repeal any Act in the light of truth and
upright judgment.
Having
covered his ass to the best of his
ability, Milton launched on his closely argued thesis rife with historical and
theological references. He began by
pointing out that the ancient Greeks and the virtuous Romans of the Republic had
no pre-censorship of books. Sometimes
books that were outrageous to the public morals were burned or destroyed after public consideration and
rejection of the ideas, not silenced before they could even be considered. He pointed to origins of pre-censorship of
books in the Inquisition, Pope Martin V who first formally banned heretical books and declared a crusade
against the early Protestants including the Hussites of Bohemia and Wycliffites in England, the Counter Reformation represented by the Council of Trent.
Milton
then extoled the power of books to enlighten and open the mind. Even bad or heretical books challenged the
enlightened reader to sharpen his arguments against them. All Protestantism was based on the ability of
men to read widely, consider what they read, and make judgements. He relied on the ultimate Puritan
assumption—that God endowed every person
with the reason, free will, and conscience to judge ideas for
themselves. Ideas should be rejected by
the reader’s own moral sense, not by
a licensing authority.
Then
he argued that attempts to restrict reading by listening would fail both in practice and intent. The Order supposedly hoped to prevent the infection of the lower classes by bad ideas, but Milton pointed out that only
learned men, well equipped to make moral judgements, actually read such
books. The lower orders could either not read them at all, or could not
understand what was written. More over
there were dozens of other ways by which social infections could be spread—by public speech, popular ballads, plays,
and tavern talk. It would be impossible, not to say
tyrannical, to try and suppress them all.
You might as well, Milton wrote, “regulat[e] all recreations and
pastimes, all that is delightful to man.”
In
many ways Milton’s appeal was neither radical
nor absolutist. He acknowledged that there were bad books
that society might need to destroy and authors who should be punished for
offences including libel, indecency,
blasphemy, and heresy. He cheerfully admitted he had no intention of
including Catholic books and authors under the rights and protections he
generally demanded. He asked mainly a
return to the state of English law before the adoption of the Licensing Order—all
books required to be inscribed at least a printer’s
name and preferably an author’s real
name instead of the nom de plume—usually a classical
Latin or Greek reference—that was customary on potentially controversial books
so that in case the books proved offensive or harmful, they could more easily
be seized and the authors punished.
Still,
for its time and place Areopagitica
was quite daring. It was also
brilliantly argued and exquisitely written by the standards of the time. Among the ringing phrases it included were:
... as good
almost kill a Man as kill a good Book; who kills a Man kills a reasonable
creature, Gods Image; but hee who destroyes a good Booke, kills reason it
selfe, kills the Image of God, as it were in the eye. Many a man lives a burden
to the Earth; but a good Booke is the pretious life-blood of a master spirit,
imbalm’d and treasur’d up on purpose to a life beyond life.
Lords and Commons of England, consider what Nation it
is whereof ye are, and whereof ye are the governours: a Nation not slow and
dull, but of a quick, ingenious, and piercing spirit, acute to invent, suttle
and sinewy to discours, not beneath the reach of any point the highest that
human capacity can soar to.
Give me the liberty to know, to utter, and to argue
freely according to conscience, above all liberties.
Milton braced for a reaction upon
publication. Predictably Parliament was unmoved—they would not rescind the
Licensing Order until long after the Restoration
of the Monarchy and freedom of
the press was not guaranteed—under most circumstances—until 1695. It is still not broadly constitutionally protected as it is in the United States. Between
Milton’s advocacy for divorce and this treatise
on freedom of the press there were indeed renewed calls for his arrest and
punishment. But Milton’s previous
contributions to the Parliamentary cause, as he probably hoped, spared him
immediate punishment.
Indeed Parliament and Oliver Cromwell needed his pen and services. Cromwell, the victorious Puritan General, became Lord Protector in 1646 and appointed Milton the important post of Secretary for Foreign Tongues under the
new Commonwealth and its official propagandist. His main duties were to use his deep mastery
of Latin—still the court and legal language of much of Europe—as well
as modern European tongues to assuage united hostility of Europe to the regicide English regime and even to
eventually win diplomatic recognition for the new government. Milton produced several tracts, which
explained the “people of England and their Parliament as well as justifying
regicide. The works included The Tenure of Kings and Magistrates;
Eikonoklastes, an explicit
defense of the regicide; The Defense of the English People [Defensio pro Populo Anglicano]
or First Defense; and the Second Defense [Defensio secunda] which
lauded Cromwell, while exhorting him to remain
true to the principles of the
Revolution.
While Cromwell may have been offended by a
certain scolding mode in some parts of the latter document, he was grateful for
the support. But after Cromwell died his
son and heir could not maintain the Commonwealth. After the Restoration in 1660 Milton found
himself not only without protection, but a hunted
man. He was arrested and as the most
significant apologist for the separation of Charles I’s head from his
shoulders, Milton expected to face the executioner himself. But Charles
II decided to pursue a policy of reconciliation. The monarch
allowed Milton to go free on parole on
condition that he refrain from all political writing.
Aged and blind, Milton dictated the text of Paradise Lost and Paradise Regained at his Buckinghamshire estate.
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Now rapidly going Blind, Milton was more than
willing to honor that pledge. He
returned to the Buckinghamshire estate where he began work on his magnum
opus Paradise Lost and its sequel
Paradise Regained. He worked by dictation to his loyal assistant Andrew Marvell and other retainers. The publication of Paradise Lost was
delayed by the Black Plague and the Great Fire of London until 1667. It was an immediate and enormous
success. Paradise Regained and the tragedy Samson Agonistes both
published in 1671.
His major work was now behind him. Milton spent his last years putting his
papers in order hoping there would come a time when it would again be safe to
publish a comprehensive edition of all of his works including his controversial
writing on diverse and Areopagitica. It was not to be. It would be nearly a hundred years before it
was safe to re-issue his entire life work.
Milton lived
quietly in London for the last decade of his life where he died peacefully in
Buckinghamshire on November 8, 1674 at the age of 65.
As
for Areopagitica, it proved very
influential in the long run. After the
Restoration English Protestants sorted themselves out—Anglicans, content with
the Monarchy and willing to embrace elements of Catholicism in its ritual and
worship; the Presbyterians, keepers of the austere Puritan flame, and growing
numbers of more radical dissenters who were step-by-step moving away from Calvinism and toward religious and
political liberalism. With this latter group freedoms of the
press and of expression were high values.
Milton provided a readymade defense for the inevitable reaction against
them and attempts at suppression. Across the puddle it entered public
consciousness with the increasingly liberal clergy around Boston and
embrace by Patriots like Sam and John Adams.
It
was also treasured by the leaders of the Scottish
Enlightenment and philosophers like John
Locke and John Stuart Mills as
well Virginians George Mason, Thomas Jefferson, and James Madison. All of the most intellectually influential founders read and treasured Milton. His ideas on freedom of the press found their
way into state constitutions and the
First Amendment of the Constitution which the courts have
broadly interpreted to ban virtually all prior restraint except in narrow national security areas.
Milton's words from Aeopagitica are inscribed over the door to the main reading room in New York City's Central Library.
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In
fact Justices on the United States Supreme Court have
specifically cited Areopagitica in
four important First Amendment cases—New
York Times Co. v. Sullivan (1954)
which established that proof of actual malice was require in suits for defamation and libel brought by public officials against the press;
Times Film Corp. v. City of
Chicago et al. attacking film
censorship as prior restraint; Eisenstadt,
Sheriff v. Baird striking down restriction on birth control lectures; and in Justice
Hugo Black’s influential dissent in Communist
Party of the United States v. Subversive Activities Control Board from
the Majority ruling upholding restrictions on the C. P. arguing that they
were a violation a free speech and free association.
Areopagitica remains foundational to civil libertarians and Free
Speech absolutists like myself who find themselves besieged rising right wing neo-fascists, a paranoid and invasive government, and most recently even allies in the struggles
against racial, gender identity, ethnic
minority, and class oppression.
Everyone,
it seems, believes in freedom of the press and freedom of speech up to the
point the press writes or the speech utters what they do not want to hear.
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