The trial of the seven bishops in 1688 was a signifcant prelude to the Glorious Revolution, as popular support for the bishops led to a widespread welcome for William of Orange's invasion. Their prosecution showed James II at his most intolerant, and threatened the only institution for which most English people felt more loyalty than the monarchy.
From the city of Calais, on the northern coast of France, one may look over the water on a clear day and see the white cliffs of Dover, in England. At this point the English Channel is only twenty-one miles wide. But this narrow water has dangerous currents, and often fierce winds sweep over it, so that small ships find it hard to cross. This rough Channel has more than once spoiled the plans of England's enemies, and the English people have many times thanked God for their protecting seas.
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.
The Glorious Revolution of 1688, which pushed James II from the throne of England, was not glorious for everyone; in fact, for many, it was a great disaster. Those who had already taken an oath of allegiance to James II and “to his heirs and lawful successors” now pondered how they could take a second oath to William and Mary. Those who initially refused to swear the oaths were called Nonjurors. In 1691, Archbishop Sancroft, eight bishops, and four hundred clergy of the Church of England, as well as a substantial number of scholars at Oxford and Cambridge, were deprived, removed from their offices and their license to practice removed. The loss of this talent to the realm was incalcuable. Ten different paradigms shaped the English Nonjurors’ worldview: Passive Obedience was paramount, the Apostolic Succession essential, a Cyprianist mentality colored everything, they held a conscientious regard for oaths, the Usages Controversy brought Tradition to the fore, printing presses replaced lost pulpits, patronage was a means of protection and proliferation, they lived with a hybridized conception of time, creative women spiritual writers complemented male bishops, and a global ecumenical approach to the Orthodox East was visionary. These ten operated synergistically to create an effective tool for the Nonjurors’ survival and success in their mission. The Nonjurors’ influence, out of all proportion to their size, was due in large measure to this mentality. Their unique circumstances prompted creative thinking, and they were superb in that endeavor. These perspectives constituted the infrastructure of the Nonjurors’ world, and they help us to see the early eighteenth century not only as a time of rapid change, but also as an era of persistent older religious mentalities adapted to new circumstances.
This text contains a mix of learned articles and book reviews. The text contains a combination of original research and invaluable reference material. Topics covered include: democratic representation and fifteenth-century crisis at the University of Paris, the iconography found in universities in the Holy Roman Empire, and university reform in Victorian Britain.
