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Writing: Report on the freedom of writing and printing

Report on the freedom of writing and printing

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Report of the Third Committee of the Grand Joint Committee of the Honourable Estates of the Realm on the Freedom of Writing and Printing, submitted at the Diet in Stockholm on 18 December 1765

While it has been considering this rather important matter with the utmost care, the Committee has not failed to perceive how obscurantism and ignorance, in all those particulars on which in a number of respects human felicity or misfortune depend, are our most inescapable inheritance at birth.

If that deficiency of nature is to be remedied and a nation be brought to knowledge and sincere adoration of the true God, as well as to a thorough instruction in those duties that each individual is obliged to observe towards himself and his neighbour as well as to the sciences by means of which reason is perfected in so far as credulity and prejudices are removed, then the insights of some and their mutual exchange of experience and information must eventually produce the understanding, clarity and knowledge that will create a happier refuge in an uncertain world than nature alone appears to have prepared for us as we first enter it.

The Committee doubts that there can be any more certain means than the free use of pens and print for this important purpose, for where no innate ideas are present, so to speak, they can be inspired if those members of a society who, by superior education and assiduous efforts, have achieved some particular knowledge in various subjects, are able to freely enlighten and guide others in these and also to clear away the false knowledge or the harmful delusions that have arisen either from a lack of rational thought or by contrived manipulation.

A considerable power also resides in the fact that a free nation governed by the law, whose birthright it is to freely enjoy the kind of rights that under despotic, absolutist, aristocratic and democratic governments1 may only be desired but never possessed, is aware of its rights and of the security that is enshrined in the innermost purpose of the form of government but likewise also how far it may, with the vicissitudes of time, have become separated from these and what expedient and timely remedy is most urgent in such a case; and in that respect the Committee also regards the freedom of writing and printing as the most effective and reliable means.

The fundamental advantage of such a freedom has been thoroughly experienced by every state, while England, whose freedom of printing was obtained at the cost of blood,2 regards it as one of the strongest bulwarks of its constitution.

On the other hand, one finds in the histories of every epoch deplorable examples of the severity with which communities and societies have been controlled by both the spiritual and secular powers when these have been effective enough to keep them in darkness or to gradually extinguish the lights that had formerly shone, all of which would be too extensive to deal with here in its more particular circumstances. Suffice it to say that ignorance always has a malign effect on manners, poses a danger to the survival of a free government, impedes the true improvement of regulations and branches of the economy to the benefit of the state that is indispensable in every epoch, and offers little security against the audacity or arbitrariness of judges and officials in the administration of the law and of the national economy, with innumerable other inconveniences, both generally and for each and every individual in particular.

All this has led the Committee to seek to ascertain from the oldest records the nature of the freedom of writing and printing when it was first established in this country, to enable it to then make a proper comparison with the condition in which it now finds itself and by what kind of measure the difference may have been caused, in order that the Committee shall then be able to propose what appears to require such improvement in that regard as will strengthen general and individual welfare and security.

When the craft of printing was introduced in this kingdom, some form of supervision was presumably established from the very outset, although the Committee, in the absence of documents that could really shed light on this, cannot report anything definite on the matter. The earliest information that the Committee has been able to gather about it is that censorship acquired a certain stability during the minority of the late King Charles XI3 and was placed under the supervision of the Royal Board of Chancery, a regulation that the aforesaid King, after his accession to the throne, further confirmed by new decrees and extended to cover various circumstances.

In the instruction on 11 separate points that was issued for the above-mentioned Board on 7 July 1688, the acting censor is directed to report what occurs to the Board and to receive his orders from it, while the Board and the censor are given all the more freedom to reject the kind of writings that they have not thought fit to approve, as the nature of such writings that should not, in terms of this instruction, be allowed to be published is not defined therein other than by the words harmful and vexatious, or if they did not possess any merit, a characterization and defect that, with no closer definition of these having been provided, could easily apply to every text that, whether in regard to content or the person of the author, the censoring authority did not wish to favour.

The office of censor, which, together with the Council of the Realm and the entire Board of Chancery, was subordinated to absolutism throughout the following period until the change in the constitution in 1719,4 has since then become entirely subordinated to the Council and the Board of Chancery, and the Chancery Ordinance of 14 June 1720, in its § 20, has also used the similarly undefined terms objectionable or indecent to characterize those writings that ought to be regarded as worthy of rejection and has again instructed the censor not, without a previously submitted report and the subsequent approval of the Board, to permit any writings and books to be printed, whereby the censor’s examination was not only on several occasions virtually nullified but the Board was on the contrary given a free hand, by the application of such terms of exception, to condemn such treatises, information and truths to eternal silence that did not accord with the opinions and intentions of the period.

Evidence of how far this unlimited scrutiny could be extended is already found in a letter that the Board of Chancery humbly communicated to His Majesty on 16 February 1735, in which the said Board sought to place obstacles in the way of a most innocent work that had been registered for publication under the title of Then Swenska Patrioten.5 The Board states in that humble address that it had found this work “abounding in errors and so contrived that one would certainly be of the opinion that it could be of very little utility and edification for the general public in view of a number of objectionable and alarming expressions in its judgments, while the Board also feared that such things, were they to be so rashly granted permission to be printed, would in future give mischievous people occasion by such means to disseminate lampoons among the people with impunity”, with other arguments for rejecting this work. However, this attempt to abrogate the freedom of writing and printing was not approved on this occasion, but His Majesty ordered in his gracious reply of the 28th of the same month that this work should not be refused permission to be freely printed nor be subject in any other respect to censorship except in so far as it might contain anything contrary to religion, the state or good customs.

On 20 March in the same year of 1735, His Majesty’s gracious permission was also granted to print court records together with the verdict given by the judge, but the Committee finds no reasons to be adduced, or fundamentally valid, in support of the fact that the individual opinions of the judges were excepted therefrom, especially as a judge who cares for uprightness has no need to fear people when he has a clear conscience, and his honour lies in his impartiality in the administration of justice becoming manifest, whereas, on the contrary, there is too great a risk that much injustice and trickery may be practised under cover of the secrecy of voting.

Although freedom of printing appeared to have been allowed some scope on these occasions, it nonetheless happened that when, among other publications that appeared in 1745 regarding the high exchange rate and the balance of trade, one was also to be published under the title of Supplement to the High Exchange Rate and Low Balance of Trade as Well as the High Cost of Living,6 His Majesty himself, in an extract of minutes for 1 April, expressed the opinion that it was found to be written in objectionable terms against the regulations that His Majesty had issued with regard to the economy and thrift, for which reason the Board of Chancery was graciously ordered to immediately take appropriate measures to ban the said publication and confiscate the copies that had already been printed as well as to summon the censor librorum and intimate to him that “similar writings submitted to him hereafter, which in any way touch upon or are contrary to the regulations with regard to the economy and thrift that have already been or shall hereafter be issued by His Majesty and the Estates of the Realm, should not be allowed to be printed”, and so forth.

With that, the freedom of writing and printing was again placed within the narrowest limits, which subsequently also led the Board of Chancery on its own initiative, without any previous inquiry, to ban the late Superintendent Baron Hårleman’s diary,7 simply because it referred to the danger facing the battle fleet at Karlskrona due to the ships lying right in the middle of a group of timber buildings and wooden warehouses, although the Board, on closer consideration, eventually revoked that ban.

Following the repression that was thus increasing, another era finally commenced when greater latitude was allowed for the freedom of writing and printing, which had been repressed long enough; that happened as a result of the recommendation of the Estates of the Realm, through His Majesty’s gracious letter to the Board of Chancery of 9 February 1748, which explained “how useful inventions, observations and information are often held back, if not completely stifled, so that many a person imagines himself subject to some form of liability and prosecution should he publish any propositions on some matter or other that, although innocent enough, are contrary to prevailing practice; and His Majesty has thus found it most necessary to draw the distinction that, however criminal and seditious it may be to throw doubt by means of printed publications on the power and authority of the fundamental laws of the kingdom, the King and the Government and the Estates of the Realm, as great may also be the utility that it can provide if, on other matters, as with regard (N.B.) to the financial administration, the economy, commerce, agriculture and other trades and institutions, various thoughts and observations become widely known, as in all sciences the truth is most certainly discovered when one has the opportunity to carefully compare the arguments that may exist both for and against; in regard to all of which His Majesty has graciously decreed that, should anyone be inclined to publish his observations and remarks on the above-mentioned innocuous and useful topics, that should not only, after a preceding appropriate censorship, be permitted but also redound to his credit for the zeal and perspicuity manifested on such an occasion”.

But this freedom, however sparingly and cautiously it was still applied at that time, was not for long left unaffected and unchanged, in that the Board of Chancery, without a reason for its existing in any royal decree, chose to declare by means of a rescript that “although anyone was permitted in the manner just stated to write in oeconomicis8 and to have his thoughts printed, that freedom should nonetheless hereafter be circumscribed in so far as whatever is strictly the outcome of executive action by the Government or else examines and judges the regulations that have already been adopted by it should be excluded therefrom.”

It would take too long to reiterate all the many further expositions and qualifications that have from time to time been issued by the Board of Chancery and by means of which a number of writings and works have been denied publication; they all have in common that they make freedom of writing and printing increasingly so precarious that its status at present is such that whenever the Board of Chancery has wished to deny the right of any text to be published, it has needed to do nothing else in that respect than to characterize it as useless, harmful, vexatious, futile, indecent, worthless, unfit, objectionable or doubtful and other such things, without showing in what respects all this was actually the case.

At both the Diet of 1761 and at the present one, the honourable Estates of the Realm have again, with the uttermost zeal and enlightenment, realized what significant and harmful consequences this constraint on the freedom of the pen and printing has already had and is capable of causing in the future.

The noble intention of the honourable Estates of the Realm to loosen the bonds by which freeborn Swedish talents have hitherto been fettered and that have prevented them from collaborating for the development and improvement of one another as well as of the public sphere will probably be recognized by all future ages with all the more gratitude as a more enlightened posterity will most clearly be able to see the value of it.

The Committee regards it as no less a matter for rejoicing than a duty to promote such a splendid objective with the greatest energy.

And as an often regrettable experience shows that a multiplicity of laws, regulations, rescripts and declarations regarding a matter serve more to obscure and inhibit than to actually promote the chief aim of the legislator and, on the contrary, most commonly provide the less competent or more contentious legal officials with scope, by comparing so many laws and all kinds of declarations, directly contrary to the intention of the legislator, for enveloping the clearest matter in obscurity and ambiguities, the Committee is of the opinion that the worthy objective of the honourable Estates of the Realm in this most important matter would most surely be attained and strengthened by revoking all previously promulgated laws, orders, resolutions and regulations regarding publications, censorship and printing, and now presents to the honourable Grand Joint Committee for its further mature consideration a revised ordinance to replace them, which at once comprises all that the Committee on its part believes should henceforth usefully and necessarily constitute the law.

To achieve greater clarity and order therein, the opinion of the Committee is that this ordinance should be divided into three articles, of which the first and most important concerning the freedom of writing and printing itself is now initially enclosed herewith, while the Committee’s drafts of the other articles on censorship and so forth will follow without delay as soon as a firm principle has been adopted by the honourable Estates of the Realm with regard to this first part, on which those other aspects principally depend.

Year and day as above.

On behalf of the Third Committee of the Grand Joint Committee of the honourable Estates of the Realm.

Gustaf Reuterholm

Carl Fredrik Mennander

Erik I. Miltopæus

Henrik Paldanius


  1. under despotic, absolutist, aristocratic and democratic governments: this is apparently the only passage in which Chydenius uses the word “democratic”. During the Age of Liberty, “democratic” or “democracy” were sometimes used in a modern sense, but often, “democratic” or “democracy” referred to a “bad” form of democracy, a chaotic anarchy or mob rule, more in accordance with the original definition by Aristotle. Here “democratic” is used as one item in a listing of undesirable forms of rule or government.
  2. obtained at the cost of blood: Chydenius is misinformed here. The English freedom of the press gained in 1694 was not obtained at the cost of blood. Rather, the Licensing Order or Act of 1643 was allowed to lapse in 1694 as a consequence of the so-called Glorious Revolution of 1688.
  3. during the minority of the late King Charles XI: King Charles XI (1655–97) of Sweden was only four years old when his father died. Before he ascended the throne in 1672 the state was ruled by a regency led by the Chancellor of the Realm (rikskansler) Magnus Gabriel de la Gardie.
  4. constitution in 1719: Refers to the new Swedish constitution of 1719 which replaced absolutism and laid the ground for the Age of Liberty. In principle it established a balance between the Estates and the King but in practice, from the 1730s, it implied that most power lay with the former.
  5. Then Swenska Patrioten: “The Swedish Patriot”, Swedish weekly periodical published in 1735. The censor at the time was Johan R. Rosenadler (1674–1743), professor Skytteanum (rhetorics and politics) at Uppsala. The publisher was anonymous but is sometimes held to have been the writer, politician and scientist Johan Browallius (1707–55).
  6. Supplement to the High Exchange Rate: The pamphlet Bihang til Then höga wäxelcoursen och Låga handels-balancen, samt Dyra tiden . . . was published anonymously in 1745 but is believed to have been written by Eric Salander (1699–1764).
  7. Baron Hårleman’s diary: Superintendent Carl Hårleman (1700–53) was royal architect from 1741. Referred to here is Hårleman’s Dag-bok öfwer en ifrån Stockholm igenom åtskillige rikets landskaper gjord resa, år 1749, Stockholm, 1749.
  8. in oeconomicis: on economic matters

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