What are ufuaily cali'd Libels, undoubtedly
keep great Men in Awe, and are fome Check
upon their Behaviour, by (hewing them the
Deformity of their Actions, as well as warning
other People to be upon their Guard againft
OppreJUon ; and if there was -no further Harm
in them, than in perfonally attacking thofe
who too often deterge it, 1 think the Ad an-
tages fuch Perfons receive, wiil fully atton^
For the Mifchiefs they fuffer. But I ccnfefs~
:hat Libels may fometimes, though very rarely
foment popular and perhaps caufclefs "Difcon-
tents, blaft and obftru& the bell Meafures, and
now and then promote InfurredVions and Re-
bellions ; but thcfe latter Mifchiefs are much
leldorner produced than the f?>rmer Benefits
ior Pjwer has fb many Ad antages, fo many
Gifts and Allurements to bribe rhofe \vho bow
to it, and fb many Terrors to frighten thofe
who oppofe it befides the conffont Reverence
and Supenliticn ever paid to Grcatnefs, S.pkn-
L ^
2,44 Giro's LETTERS.
dor, Equipage, and the Shew ofWifdom, as
well as the natural Defire all or mod Men have
to live in Quiet, and the Dread they have of
publick Dlfturbances, that I rhink I may fafely
affirm, much more is to be fearM from flatter-
ing Great Men, than detracted from them.
However, 'tis to be wifhed, that both could
be prevented ; but fince that is not in the Na-
ture of Things, whilft Men have Defires or Re-
fentments, we are next to confider how to pre-
vent the great Abufe of it, and, as far as humane
Prudence can direct, preferve the Advantages
of Liberty of Speech, and Liberty of Writing,
(which fecures all other Liberties,) without
giving more Indulgence to Detraction than is
rieceffary to fecure the other ; for 'tis certainly
of much lefs Confequence to Mankind, that an
Innocent Man fnould be now and then afperfed
than that all Men fhould beenilaved.
Many Methods have been tried to remedy
this Evil : In Turky, and the Eaftern Monar-
chies, all Printing is forbid \ which does it with
aWitnefs; for if there can be no Printing at
all, there can be no Libels printed ; and by the
fame Reafon there ought to be no Talking, left
People (hould talk Treafon, Blafphemy or
Nonfenfe and for a ftronger Reafon yet, no
Preaching ought to be allowed, becaufe the O-
rator has an Opportunity of haranguing often
to a larger Auditory than he can perfwade to
read his Lucubrations ; but I defire it may be
remembred, that there is neither Liberty, Pro-
perty, true Religion, 'Arts, Sciences., Learning
or Knowledge in thefe Countries.
But
's LETTERS.
But another Method has been thought orr,
in !:h-:f? Wefttrn Parts of the World, much
lefs effectual, and yet more mifchievous than
the former, namely, to put the Prefs under the
Direction af the prevailing Party, and autho-
rize Libels on one Side only, and deny the e-
ther Side the Opportunity of defending them-
felves. Whilft all Opinions are equally indul-
ged, and all Parties equally allow" d to fpeak
their Minds, the Truth will corne out ; and
even, if they are all reitrain'd, common Senfe
will often get the better; but to give one Side
Liberty to fay what they will, and not differ
the other to fay any Thing, even in their -own
Defence, is comprehenfive of all the Evils than
any Nation can groan under ; and mull loon,
extinguifii every Seed of Religion, Liberty,
Vertue or Knowledge.
It is rediculous to argue from the Abafe of &
Thing, to the Definition of it. Great Mif-
chlefs have happened to Nations from their
Kings, and their Magiilrates ; ought therefore
all Kings and Magiftrates to be extinguiflVd ?
A thoufand EnthufialVick Seels have pretended
to deduce themfelves from the Scripture ; ought:
therefore the Holy Writings to be deftray'd ?
AreMen T s Hands to be cut ofF.becaufe they may
and fbmetimes do, Heal and Murder with them ?'
Or their Tongues to be puifd out, becaufe-
they may tell Lyes, Swear, or talk Sedition ?
There is fcarce a Virtue but borders upon,
a Vice, and, carried beyond a certain Degree,.,
becomes one. Corruption is the next State to.
Perfection : Courage fbon grows into Rafhneis ^
Generofity into Extravagancy ^ Frugality into
L Avarice ;
5146 CATffs LETTERS.
Avarice ; Juftice into Severity; Religion into
Superstition ; Zeal into Bigotrry and Cenfbri-
oufhefs ; and the Defire of Efteem, into Vain-
glory. Nor is there a Convenience or Advan-
tage to be propos'd in humane Affairs, but has
ibrne Inconvenience attending it. The moft
flaming State of Health isneareft to a Plethory :
There can be no Protelion, without hazard-
i ig Oppreilion ; no going to Sea, without fome
13anger of being drown cl ; no engaging in the
rnoH: neceffary Battle, without venturing the
Lo(s of it, or being killed; nor purchafing an
Eilate, going to Law, or taking Phyfick, with-
out hazarding ill Titles, (pending your Money,
and perhaps lofing your Suit, or being poifnn'd.
Sin:'e therefore every Good is, for the moil part,
if not- always accompany'd by fome Evil, and
cannot be feparated from it, we are to confider
\vhich does predominate, and accordingly de-
termine our Choice by taking both or leaving
borh.
To apply this to Libels: If Men are fuffer'd
to preach or reafon publickly and freely upon
certain Suh"]e6h, as for Inftance, upon Philo-
iophy. Religion or Government, they may
reafon wrongly, irreligiouily, or feditioufly,
-and fomerlnies will dofo ; and by fuch Means
may poiliblynow and then pervert and Miflead
an ignorant and unwary Perfon; and if they
are (iiffer'd to write their Thoughts, the Mi
chief may be full more diffufive ; but if they
are not permitted by any, or all thefe Ways, to
communicate their Opinions and Improvements
to one another, the World muft (bon be over-
run with Barbarifm, Superftition, Injuftice,
Tyranny,
LETTERS. 247
Tyran- r , and the moftftupid Ignorance. They
\v v know nothing of the Nature of Govern-
men: beyond a fervile Submiifion to Power,
nor of Religion, more than a blind Adherence
to unintelligible Speculations, and a furious
and implacable Animofity to all whofe Mouths
are not form'd to the fame Sounds ; nor will
they have the Liberty or Means to frarch Na-
ture, and inveftjgate her Works ; which Em-
ployment may break in upon reeeiVd and
Tiful Opinions, and difcover hidden and
.darling Secrets. Particular Societies fiiall be
eftablifhM and endowM to teach them back-
wards, and to (hare in their Plunder : which
Societies by Degrees, from the want of Op-
pofiti n, (hall grow as ignorant as themfelves r
./V'-n d Pands (half rivet their Chains,, and their
haughty Governors affume to be Gods, and be
treutf-d as fuch in Proportion, as they ceafe to-
have humane Cornpailion, Knowledge and
Virtue,. In iliort, their Capacities will not be
beyond the Beads of the Field, and their Con-
dition worfe; which is univerfally true in thofe
Governments where they lie under thofe Re-
ftraints.
On the other Side, what Mifchief is done-
by Libels to ballance all thefe Evils ? They
ftldom or never annoy an innocent Man, or
promote any confiderable Error. ^Wife and
honeft Men laugh at them, and defpife them,,
and fuch Arrows always fly over their Heads
or fall at their Feet. If King js.mes had a&ed
according to his Coronatioiv Oath, and kept to
the Law, Lilly-'Bttrlero might have been turi'd'
long enough before he had been fung out ot
L- 4 his
248 CATO's LETTERS.
his Kingdoms. And if there had been no South-
Sea Scheme, or if it had been jullly executed,
there had been no Libels upon that Head, or
very harrnlefs ones. Mod of the World take
Part with a virtuous Man, and punifh Calum-
ny by their Deteitation of it. The beft Way
to prevent Libels, is not to deferve them, and
to defpiie them, and then they always lofe their
Force; for certain Experience fhews us that the
more Notice is taken of them, the more they
are publiftYd: Guilty Men alone fear them,
or are hurt by them, whofe Actions will not
bear Examination, and therefore muft not be
examin'd, 'Tis Fa<5): alone which annoys them;
for if you will tell no Truth, I dare fay you
may have their Leave to tell as many L>es as
vou pie ale.
The facie is true in Speculative Opinions.
You mav write Nonfenfe and Folly as long as
you think fit, and no one complains of it but
the Bookfeller : But if a bold, hone ft, and wife
Book (allies forth, and attacks thofe who think
themfelves fecure in their Trenches, then their
Camp is in Danger, and they call out all Hands
to Arms, and their Enemy is to be deftroy'd
by Fire, Sword, or Fraud. But 'tis fenfelefs
'to think that any Truth can (lifter by being
thoroughly fearch'd, or examin'd into ; or than
the Diicovery of it can prejudice right Religion,
equal Government, or the Happine(s of Society
in anv Refpeft : She has fb many Advantages
above Error, that (he wants only to be fhewn
to gain Admiration and Efteem ; and we fee e-
very Day that (he breaks the Bonds of TVannv
and Fraud, and fiiines through the Mifts of
Superftition
CA TO's LETTERS.
Superftition and Ignorance : and what then?
would we do, if thefe Barriers were rciaov'd,
and her Fetters taken off?
Notwithftanding, I would not be underftoccl
by what 1 have few, to argue that Men (hcmld
have an uncontrolled Liberty to calumniate
their Superiors, or one another; Decency,,
good Manners, and the Peace of Society, for-
bid it : But I would not deftroy this Liberty by"
Methods which will inevitably deftroy all Li-
berty. We have very good Laws to punifh-
any Abufes of this Kind already, and I will ap-
prove them, whilft they are prudently and ho-
neftlv executed, which I really believe they
have for the mo ft part beenfmcetheRevolution ;
Bur as it cannot b^deny'd, that they have been
formerly made the Scales of Ambition and Ty-
ranny, to opprefs any Man who durft aftert the-
Laws of his Country, or the trueChriitian Re-
ligion ; fb I hope che Gentlemen skill'd in the-
Profeiiion of the Law will forgive me, if I en*
trench a little upon their Province, and endea^
vourtofix ftated Bounds for the Interpretation;
and Execution of them , which (hall be the Sub-
ject of my next Letter.
4 5- J
C4TO's LETTERS.
I Have been told, Thar in fome former Reigns,
when the Attorney. General took it in his
Head to make innocent or doubtful Expreifions
criminal by the Help of forced Innuendo's, the
Method of proceeding was as follows : If the
Counfel of the Prifoner infifted, that the Words
carried no feditious Meaning, but might and
ought to be underftood in reafonable Senfe
he was aniwered, That his Exception would
be laved to him upon Arreft of Judgment ; in
the mean time, the Information was try'd, and
the mahgn Intention of the Words was aggra-
vated and left to a willing Jury ; and then,
upon a Motion in Behalf of the Prifoner to
arrdt Judgment, becaufe the Words were not
criminal in Law, he was told, the Jury were
Judges of the Intention ; and having found it
an ill one, it was too late to take the Excep-
tion. Whether this was ever the Truth I
have not lived long enough to affirm from my
own Knowledge ; or whether this Method of
proceeding is Law now, I have not Skill enough
in that. Science to determine : Bur I think I
may juftly /ay, if it is Law, it } s worth the
Gonfjderation of cur Legislature whether it
ought to continue fo.
It is certain that there is no Middle in Na-
ture, between judging by lived and fteady Rules,
and judging according to/ Difcretion, which. is
another
LETTERS. 25*
another Word for Fancy, Avarice, Refent^
ment, or Ambition, when fupported by Power^
or freed from Fear. And i have faid in my tor-
mer Letter, that as there can be no Convenience
but has an Inconvenience attending it, io bpttte
thefe Methods of judging are liable to Objec-
tions. There is a conftant War between the-
Legiflature arid the Pleader, and no Law -was;
ever enacted with fo much Circumspection,
but Flaws were found out afterwards in it, and
it did not anfwer all the Purpofes intended 1
the Law makers ; nor can any pofitive Laws-
be framed with fo much Contrivance, but art-
ful-Men will flip out of it, and particularly in*.
relation to Libels. There are fo many Equi-
voques in Language, fo m&ny Sneers in Kx,
prei-.on, which narura 7 one Meaning!
and yet mav int< r, that it is im-
P'j ble b" an d and d Rul< , to de~
tc< J the Intention, and punifti all who de-
\ bepunifn But to get rk this
liv- - nee at tl;^. Expence of giv
Man orl-:-mber of Men a < ifcretionary PCJWCBT
to iud-^ ther's Intent? ns to be criminal,,
when 'his ords do not pi; : nly denot( them
to be fo, is lubverting ah rty, and ^pieci-
ins every Man to the Caprices and arbitrary
nnd wih .11 of thole in "er. A Texnn
-Scnr.ture cannot be quoted without being i?ia-
to -c> upon thofe who break it ; nor
Ten Commandments read, without abuhng all.
Princes and Great Men, who cttcn a agayiib
' ' Ti '"' ' i
"Therefore I mud beg Leave to think, that?
llrange Aikrdon, which, as I have heard,,
CATffs LETT E R S.
has been advanced by ; Lawyers in W>Jhbfi*
I ' ( & l ha , r ' T c 1S an Abfurdiry to affirm,
that a Judge and Jury are the only-Perfons in
England who are not to undcriland an Author's
Meaning; which, I think, may be true in ma-
ny Inftances when they aft judicially, and the
Words he ufes, candidly conftrued, do not im-
port that Meaning. Tiberius put many Sena-
* F 9 eath for lookin S nielancholly and
diflatished, or envioufly at his Power ; and
Kero many others, for not laughing at his' Play,
or laughing in the wrong Place, or fneering in-
ttead of ^ laughing, and very probably both
judged rightly of their Intentions; but fure
No body will think amongft us, that fuch Ex-
amples ought to be copied. A Man by not
pulimg oft his Flat, or not low enough ; by a
1 urn upon his Heel ; by a frowning Counte-
nance, or an over-pleafant one, may induce his
Spectators to believe that he intends a Difre-
Ipect to one to whom it is criminal to own it
and yet it would be a ilrange Aft of Power
to pumih him for this Unobfervance. So Words
rnay be certainly chofen with fuch Art, or
Want or it, that they may naturally carry a
Compliment, and perhaps m?.y mean it ; and
yet other People, by knowing that the Perfon
intended does not deferve one. may think him
abufed- And ir this Way O f j udging may be
indulged m mflminftpr.H^ the Lo^d have
Mercy upon Poets, and the Writers of Ded'"
cations, and or^ the Epitaphs too upon Great
Men. - purely it is of ids Confluence to
Mankind, that a wirty Author ihould now
ana then eicape unpunJftcd, than that all Mr n
fhould
LETTERS. a
fhould hold their Tongues, or not learn to
write, or ceafe writing.
I do agree, when the natural and genuine
Meaning and Purport of Words and Expref-
fions in libellous Writings do carry a criminal
Intention, that the Writer ought not to efcape
Punifhment by a Subterfuge and Evafion, or
by a fly Interpretation hid in a Corner, and .
intended only for a Court of Juftice, nor by
annexing new Names to known Things, or by
ufing Circumlocutions inftead of {ingle Sounds
or ExpreiHons ; for Words are only arbitrary
Signs of Ideas ; and if any Man will coin new
Words to old Ideas, or annex new Ideas to old
Words, and let his Meaning be fully under-
ftood, without doubt he is anfwerable for it.
But when Words ufed in their true and pro-
per Senfe, and underftocd in their literal and
natural Meaning, import nothing that is cri-
minal ; then to (train their genuine Signification
to make them intend Sedition, (which pofTibly
the Author might intend too) is fuch a Stretch
of Difcretionary Power, as mull fubvert all the
Principles of free Government, and overturn
every Species of Liberty. I do own, that
without fuch a Power fbnie Men may efcape
Cenfure who deferve Cenfure, but with it no
M-an can be fafe , and it is certain, few Men
or States will be aggrieved by this Indulgence,
but fuch as deferve much worfe Ufage.
It is a Maxim of Politicks in defbotick Go-
vernments, That Twenty innocent Men ought
to be punifned, rather than One guilty Man
efcape ; but the Reverie of this is true in free
htates, in the ordinary Courfe of Juftice : For
fince
euro's LETTERS:
fince no Law can be invented which can give
Power enough to ^their Magiftrates to reach
every Criminal, without giving them, by the
Abufe of the fame Law, a Power to punifii
Innocence and Virtue, the greater Evil ought
to be avoided : And therefore, when an inno^-
cent or criminal Senfe can be put upon Words-
or A&ions, the Meaning of which is not fully
determined by other Words or Actions, the
rnoft beneficent Confr. ruction ought to he made
in Favour of the Perfon accufed ; and the
Caufe of Liberty, and the Good of the Whole,
ought to prevail, and to get the better of the
juft Refentrnent otherwife dire tc the Imperti-
nence of a factious Scribbler, or the impotent
Malice of a turbulent Babbler,
This Truth every Man acknowledges when -
it Becomes his own Cafe, or the Cafe of his
Friends or Parry ; and aimed every Man com-
plains of it when he differs by it : So great iV
the Difference of Mens having Power tn their-
Hands or upon their Shoulders, But at pre-
lent, I think, no Party amongft us can find
their Account either in fupprelfing, or in the
Reftraint of the Prefs, or in being very fcvere
in their Animadverfion upon the Liberties taken
by it. The Independent Wxigs think ail Li-
berty depends upon Freedom of Speech, and
Freedom of Writing, within the Bounds of
Manners and Discretion, as conceiving that
there is often no other Way left to be heard by.
their Superiors, nor to apprize their Ounrry-
fnen of Ddigns and Confpirticies againfl their-
Safety i which ^thty think ought to be done
boldly, though in refpecr to Authority, as mo-
LETTERS. 2,55-
deftly as can be confident with the making
themfelves underftood ; and fiich amongft them
as have lately quitted their Independence, think
themfelves obliged to handle a Subject tenderly,
upon which they have exerted thernfelves very
ftrenuoufly in another Circumftance of For-
tune.
Very many of the Tories, who may be at
prefent ranked amongft the former fort of Men,
and who every Day fee more and more the
Advantages of 'Liberty, and forget their former
Prejudices, will not be contented hereafter to
receive their Religion and Politicks from an
ignorant Licenfer, under the Direction of thofe
who have often neither Religion nor Politicks :
And even the Jacobites themfelves are fb charnrd
with their own doughty Performances, that
they would not lofe the Pleafure of fcolding
at, or abufing thofe whom they cannot hurt,
Many of our fbiritual Guides will not be de-
prived of doing Honour to thernfelves, and
Advantage to their Flocks, from informing the
World what they ought to believe by their
particular Syflems ; and the DiiTenring Preach-
ers are willing to keep their own Flocks, and
would not have the Reafonablencfs of their
Separation judged of alone by thofe who differ
from them, and have an Intereft in fuppreiling
them. And I believe ail our World would be
willing to have fome other News befides what
they find in the Gazette ; and I hope that I
may venture ro fay, that there is no Number
ot Men among!} us fb very popular, as by their
(ingle Credit and Authority to get the better of
aii thefe Inrerefts.
But
CATO's LETTERS.
But befides-the Reafbns I have already given*
there is another left behind, which is worth
them all, vl%. That all the Methods hitherto
taken to prevent real Libels have proved in-
effectual ; and probably any Method which
can betaken, will only prevent the World from
being informed of what they ought to know,
and will increafe the others. The fubie&ing
the Prefs to the Regulation and Infpe6tion of
any Men whatfbever, can only hinder the Pub-
lication of fuch Books as Authors are willing
to own, and are ready to defend ; but can ne-
ver reftrain fuch as they apprehend to be cri-
minal, which always come out by ileaUh.
There is no hindring Printers from having
Preffe?, unlefs all Printing is forbid, and fcarce
then : And dangerous and forbidden Libels are
more eff.crually difprfd, enquired after, and
do more Mifchief, than Libels openly publifh-
ed ; which generally raife Indignation again li-
the Author and his Party. 5 Tis certain, that
there were more pubiifhed in King Charles II.
and King James's Times, when they were le-
verely punifhed, and the Prefs was retrained,
than have ever been fince. The Beginning of
Auguflu^s Reign {warmed with Libels, and
continued to do fo, whilft Informers were en-
couraged ; but when that Prince defpifed them,
they loft their Force, and foon after died. And
I dare fay, when the Governours of any Coun-
try give no Occafion to juft Reflections upon
their ill Conduct, they have nothing to fear
from Calumny and Falfhoed.
Whilft Tiberius^ in the Beginning of his
Reign, would preicrve the Appearance of go-
verning
LETTERS. 157
verning the Romans worthily, he anfwered a
Parafue, who informed him in the Senate of
Libels publifhed againft his Perfbn and Au-
thority, in thefe Words, Si quidem Iccutus alttcr
fucrit, dflbo operstm ut rationem fciftorum meorum
diElorumque reddam^ fi perfevewverity invicem eum
cdero : '' If any Man reflects upon my Words
" or A&ions, I will let him know my Motives
* 4 and Reafons for them ; but if he ftill goes
on to alperfe and hate me, I will hate him
" again." But afterwards, when that Empe-
ror became a bloody Tyrant, Words, Silence,
and even Looks were capital.
lam, 6cc.
S I R,
TH E firfr reafonable Defire which Men
have, is to be in eafy Circumftances,
and as free from Pain and Dangers as humane
Condition will permit ; and then all their
Views and Actions are directed to acquire Ho-
mage and Re(pe6r from others : and, indeed,
in a larger Senfc, the latter are included in the
former. Different Ways are taken to attain
this End ; Arts, Arms, Learning, Power, but
nioft of all, Riches are fought after ; and when
luft and proper Means are ufed to acquire
them, the Purfuit is reafbnable, and always
to be commended. But when they are gained
by Injuftice, the End is frufbrated for which
alone they are valuable \ that is, the Refpe6i:
is
CATO's LETTERS.
is loft which they are intended to procure
For who does nor value an honed Man in
moderate Circumftances, before another grown
rich by OppreiTion ? Who does not efteem a
fleady Patriot, who defpifes Threats, Bribes,
and Dignities, when they (land between him
and his Duty to his Country, before an over-
grown Plunderer, who has facri freed a Nation*
to his Ambition ? Men will indeed bow down
in the Houfe of ^imnon, but they deteffc the
Idol in their Heart. It is all falfe Homage.
Such Men are adored publlckly, and curfed
privately ; and moil of thole who (eem to
adore them, would with much more Pieafure
follow them to the Scaffold.
How many have we feen in our Days, who
are thought to have died Martyrs to their Pride
and Covetoufhefs, hooted with the Reproaches
and Deteftation of every hcneft Man ia -
land, and, I doubt not, with, the private
Curfrs of many of their own Followers ? And
how many are there in all Countries, who are
never feen or froken of but with Contempt
and Indignation, even in the midft of Gi eat-
nefi.
\Vhat is there in this World worth being a
Knave for, efpectally a Man's being fb, who
already enjoys all the Conveniences of Life ?*
Who would lofe the juft Applaufe of honed
Men, wife Men, and free Men, for the fervile
Incenfe of Flatterers ? How much more pre-
ferable is it, to make Millions of People happy,.
and receive the grateful Acknowledgments of-
a thankful Nation, than to purchafe their-
Hatred and Rcfencments. by making them ab-
LETTERS. 159
]e&, poor, and miserable, and themfelves and
their Families fb too in confequence ? And
what is all this for ? To create falfe Depen-
dents, who flatter them, in order to cheat them,
or otherwife make their Advantages of them,
ir.ftead of fteady and true Friends : For a cer-
tain Degree of Familiarity is neceffary to Friend-
fhip, or free Converfation ; without which no
Converfation is agreeable, or worth having.
Few Men take Pleafiire in the Company of
thofc who are much their Superiors, who al-
ways ftrike them with Awe, and moft com-
monly with Emulation : and what is got a-
mongft them is generally fpent amongft E-
quals. t
I have feen many fupple and bowing Guefts
at the Table of a Great Man, whom, for his
Vanity, he treated magnificently, and at a
great E'xpence ; none of which he would have