Judges: Their Professional Limitations
I do not, however, appeal to Lord Gorell’s judgment on all points. It is inevitable that a judge should be deeply impressed by his professional experience with a sense of the impotence of judges and laws and courts to deal satisfactorily with evils which are so Protean and elusive as to defy definition, and which yet seem to present quite simple problems to the common sense of men of the world. You have only to imagine the Privy Council as consisting of men of the world highly endowed with common sense, to persuade yourself that the supplementing of the law by the common sense of the Privy Council would settle the whole difficulty. But no man knows what he means by common sense, though every man can tell you that it is very uncommon, even in Privy Councils. And since every ploughman is a man of the world, it is evident that even the phrase itself does not mean what it says. As a matter of fact, it means in ordinary use simply a man who will not make himself disagreeable for the sake of a principle: just the sort of man who should never be allowed to meddle with political rights. Now to a judge a political right, that is, a dogma which is above our laws and conditions our laws, instead of being subject to them, is anarchic and abhorrent. That is why I trust Lord Gorell when he is defending the integrity of the law against the proposal to make it in any sense optional, whilst I very strongly mistrust him, as I mistrust all professional judges, when political rights are in danger.
Conclusion
I must conclude by recommending the Government to take my advice wherever it conflicts with that of the Joint Select Committee. It is, I think, obviously more deeply considered and better informed, though I say it that should not. At all events, I have given my reasons; and at that I must leave it. As the tradition which makes Malvolio not only Master of the Revels but Master of the Mind of England, and which has come down to us from Henry VIII, is manifestly doomed to the dustbin, the sooner it goes there the better; for the democratic control which naturally succeeds it can easily be limited so as to prevent it becoming either a censorship or a tyranny. The Examiner of Plays should receive a generous pension, and be set free to practise privately as an expert adviser of theatrical managers. There is no reason why they should be deprived of the counsel they so highly value.
It only remains to say that public performances of “The Showing-Up of Blanco Posnet” are still prohibited in Great Britain by the Lord Chamberlain. An attempt was made to prevent even its performance in Ireland by some indiscreet Castle officials in the absence of the Lord Lieutenant. This attempt gave extraordinary publicity to the production of the play; and every possible effort was made to persuade the Irish public that the performance would be an outrage to their religion, and to provoke a repetition of the rioting that attended the first performances of Synge’s Playboy of the Western World before the most sensitive and, on provocation, the most turbulent audience in the kingdom. The directors of the Irish National Theatre, Lady Gregory and Mr. William Butler Yeats, rose to the occasion with inspiriting courage. I am a conciliatory person, and was willing, as I always am, to make every concession in return for having my own way. But Lady Gregory and Mr. Yeats not only would not yield an inch, but insisted, within the due limits of gallant warfare, on taking the field with every circumstance of defiance, and winning the battle with every trophy of victory. Their triumph was as complete as they could have desired. The performance exhausted the possibilities of success, and provoked no murmur, though it inspired several approving sermons. Later on, Lady Gregory and Mr. Yeats brought the play to London and performed it under the Lord Chamberlain’s nose, through the instrumentality of the Stage Society.
After this, the play was again submitted to the Lord Chamberlain. But, though beaten, he, too, understands the art of How Not To Do It. He licensed the play, but endorsed on his licence the condition that all the passages which implicated God in the history of Blanco Posnet must be omitted in representation. All the coarseness, the profligacy, the prostitution, the violence, the drinking-bar humor into which the light shines in the play are licensed, but the light itself is extinguished. I need hardly say that I have not availed myself of this licence, and do not intend to. There is enough licensed darkness in our theatres today without my adding to it.
Postscript—Since the above was written the Lord Chamberlain has made an attempt to evade his responsibility and perhaps to postpone his doom by appointing an advisory committee, unknown to the law, on which he will presumably throw any odium that may attach to refusals of licences in the future. This strange and lawless body will hardly reassure our moralists, who object much more to the plays he licenses than to those he suppresses, and are therefore unmoved by his plea that his refusals are few and far between. It consists of two eminent actors (one retired), an Oxford professor of literature, and two eminent barristers. As their assembly is neither created by statute nor sanctioned by custom, it is difficult to know what to call it until it advises the Lord Chamberlain to deprive some author of his means of livelihood, when it will, I presume, become a conspiracy, and be indictable accordingly; unless, indeed, it can persuade the Courts to recognize it as a new Estate of the Realm, created by the Lord Chamberlain. This constitutional position is so questionable that I strongly advise the members to
