That no Merchant of Books or Person or Persons whatsoever shall import or cause to be imported from beyond the Seas any offensive or scandalous Books Pamphlets Papers Portraitures or Ballads into any part of this Common-wealth of England upon incurring the penalties contained in the first clause VII That no Person or Persons whatsoever shall within the Precincts and Dominions of this Common-wealth or elswhere Imprint or cause to be imprinted or shall Import or cause to be imported into this Common-wealth of England or any part thereof any Copy Book or Books or part of any Copy Book or Books Printed beyond the Seas or elswhere which the Company of Stationers or any other Person or Persons have or shall have Right unto by Order or entrance in their Register-Book or otherwise by speciall Order of Parliament or by Letters-Patent being unâ—â—lled by this present Parliament nor shall binde stitch or expose to sale any such Book or Books upon paine of forfeiture all the said Books and twenty shillings fine for every such Book to be â—â—â—led by Writ or Action Bill c. by the Person or Persons aggrieved VIII That every Person who shall hereafter Print or cause to be printed any Books Ballads Charts Portraictures or other thing or things whatsoever shall thereunto or thereon set his and their owne name or names as also the Name or names of the Author or Authors Maker or Makers of the same and by or for whom any such Book or other thing is or shall be printed upon payne of forfeitute of all such Books c. And having his or their Presses Letters and other Instruments for Printing to be utterly defaced and made unserviceable and twenty shillings fine for every such Book c. The one half to the use of the Common-wealth the other to the Party discovering the same IX That no person or persons whatsoever shall Print or cause to be Printed forgeâ—â— put or counterfeit in or upon any Book or Bookes c. the name title markeâ— or vinnet of the Company of Stationers or of any particular person or persons which hath or shall have lawfull Priviledge Authority or Allowance to Print the same without consent of the said Company or of the Party or Parties which shall be so priviledged and Authorized first had and obtained upon paine of incurring the Penalty in the seventh clause X. That no Tradesmen Shop-keepers or any other person or persons whatsoever not being a free Stationer of the City of London or not having served 7. years apprentice to the trade of Book-seller Printer or Book-binder shall within the City or Suburbs of London receive take or buy to barter sell againe exchange or doe away any Bibles Testaments Primmers psalm-Psalm-books Almanacks or other Book or Books whatsoever upon paine if forfeiture of all such Books and twenty shillings fine for every such book to be 〈…〉 by Writ or Action Bill c. by the person or persons aggrieved XI That no Stranger or Forreigner whatsoever be suffered to bring in for sale barter or rent here any book or books printed beyond the Seas in any Language whatsoever either by themselves or their secret Factors except such onely as be free Stationers of London and such as have been brought up in that profession upon paine of confiscation of all such Books so imported and twenty shillings fine for every such Booke to be sued by writ or Action c. by the Master and Wardens of the Company of the Stationers XII And for as much as there may be great abuse committed by Searchers and other Officers of the Customes by seizure of Books who as I have heard credibly reported seize English Bibles Testaments other Books Printed in Holland and in other parts beyond the Seas very erroniously to the dangerous introduction of severall Heresies within this Common-wealth and great Injury to such to whom of right the Copies or Originalls of such Bookes belong and after such seizure having as it is said first enacted custome in Grosse vent and disperse the said Bibles Testaments and Bookes in England Ireland and other Dominions of this Common-wealth for prevention whereof no Searcher nor other Officer of the Customes or excise whatsoever shall hereafter seize on any Books if discovered before he first acquaint the Master of the Office or Registrie for Copies aforesaid together with the Master and Wardens of the Company of Stationers upon pain of forfeiture of his or their Places and Imprisonment who shall have Power to accompany such Searchers and Officers of the Customes and shall forthwith upon discovery take a true Catalogue of such Bookes and present it to the Honourable Councell of State And to prevent the farther venting and dispersing of such erronious Bibles Testaments and other Bookes as aforesaid after notice given unto the Honourable Councell of State the said Master of the Office or Registrie for Copies together with the Master and Wardens of the Company of the Stationers or some of them shall cut or cause to be cut into waste paper or otherwise utterly deface the said English Bibles Testaments and other Bookes printed in Holland and in other parts beyond the Seas and deliver the said waste paper or defaced Bookes to such to whom of right the Copies or Originalls doe belong XIII Moreover for farther prevention of Importation venting and dispersing of Seditious Schismaticall and Offensive Bookes as well as of the Bookes aforesaid That no Driefats Sacks Maunds Chests or Fardells of Bookes whatsoever Imported into this Common-wealth be permitted by any Officers of the Custome or Excize to be opened or conveyed away before notice given unto the Master of the Office or Registry for Copies and also to the Master and Wardens of the Company of Stationers upon paine of such Officer or Officers forfeiture of his or their Places and Imprisonment And the said Master of the Office or Registrie for Copies as also the Master and Wardens of the Company of the Stationers shall have Power to accompany the Searchers and other Officers of the Customs and excise within 48. houres after such notice given Sabbath-Dayes and dayes of publick Thanksgiving and of Humiliation being excepted out of the sayd 48. houres and shall also have Power to seize on all Seditious Schismaticall and offensive Books and forthwith take a true Catalogue of such Books and present it to the Councell of State and after that carry the said bookes into the Stationers Hall there to remaine in safe custody untill farther order taken by the Councell of State And the said Master and Wardens of the Company of the Stationers if they cannot performe the same by themselves shall have Power to depute and nominate from time to time sufficient persons in his or their stead provided that at all times one of the said Masters or Wardens be present at every search And the said Master of the Office or Registrie for Copies and the Master and Wardens of the Company of the Stationers shall
ought 〈…〉 be regularly and exactly and not commâ—â—nicatively printed lest in a Book of so higâ— importance not onely dangerous Errorâ— but even pernicious Heresies be imprinteâ— and propagated and the Book it self be alsâ— undecently Printed in Letter and Paper 〈…〉 And for as much as Propriety rightly 〈…〉 considered is Relatio Legalis cujuslibet 〈…〉 〈…〉 Temporale A legall Relation of â—ny one to a Temporall good I conâ—â—ive the sole Printing of the Bible and â—estament with Power of Restraint in others to be of Right the Propriety of one MATHEW BARKER Cittizen and Stationer of LONDON in Regard that his Father paid for the Amenâ—ed or Corrected Translation of the Bibleâ—â—00 l by reason whereof the Translated Copy did of right belong to him and his Assignes yet for the better carrying â—n of so Important a Work and the Regulating of an Impression of so great conâ—ernment in the fourteenth yeare of â—ing James his Reigne he continued Letters Patents granted to Robert his Sonne since when in the yeare of our Lord 1635. for the farther carrying on Regulating of the said Important Impression there hath beene payed by Mathew Barker aforesaid 600 l. for a Reversionary Patent If it be said that Mathew Barker his Father made or might have made benefit enough by his sole Impression of the Bible c. For the costs and charges which he was at for the amended or corrected Translation thereof so that Mathew Barker himself neede not have a farther benefit thereby I answere so doth every one of the Stationers who purchaseth a Copy or Copies make benefit enough thereby and yet he enjoyeth such Copy or Copies for himself and his Assignes and so ought to do or else any other might invade his Right so also every one who purchaseth Land at the valuation of 18. or 20. yeares Revenew be it more or lesse make at or about the determination of such time sufficient benefit for his purchase yet there is no Law nor any reason that himself his Heires or Assignes should be excluded or debarred of the Remainder c. That were to Nul all Law violate all Right And certainely according to equity if not Law Mathew Barker ought to succeede his Father in the sole printing of the Bible c. both in regard of his â—â—thers costs charges as also iâ— respect 〈…〉 his owne Patent Purchased dearely eâ—â—ough in regard it was for Reversion But it may be some will say that diâ—â—rs may make benefit by Printing of the â—â—ble and Testament whereas if Mathew â—â—rker enjoy the sole Printing thereof himself will also enjoy the sole benefit thereby for him or his Assignes to the which I answere the same may be objected against Miles Flesher and his Partners sole Printers of all Law-Books against John Fâ—â—lâ— sole Printer of all Acts for this present Parliament against 〈…〉 Dugard sole Printer for the Councell of State against Richard Cotes sole â—â—â—â—ter of all Acts Proclamations and â—â—her matters for the City of London against the University-Printers of Oxford and Cambridge who enjoy also the printing of the Bible by Patent against the Company of the Stationers themselves who enjoy by Patent four severall Books viz. The Psalter Psalmes Primmer and Almanack yea this may be objected against very many Stationâ—râ— and some Printers who notwithstanding ought not thereupon to be deprived or debarred of their rights for it is and ought to be held a Maxime in Law and Equity as in Divinity that not any shall 〈…〉 had that good may câ—me thereof and consequently not to violate any one of his Propriety or right that thereby some or any benefit may accrew to others moreover all well Regulated Politics especially Republiques doe conâ—â—â— the partickâ—â—â— Right of every Persâ—â— Individually so farre at such Right â—ppeseth not the Generall Good and thereby preserve the Generall Good without viâ—â—ing 〈…〉 ones particular Right unjustly 〈…〉 indirectly according to which Rule neither Mathew Barker nor other the Stationerâ— or Printers nominated ought to be debarred or deprived any their Originalâ—â— or Copies If any one should object as lately a Stationer did unto my selfe that the Bible cannot properly be called a Copy â—â—cause it iâ— the written Word of God â—â—hough such objection be frivolous 〈…〉 such I answers that the severall â—â—â—â—nslations thereof are properly copies 〈…〉 the singing or Meâ—â—red Psalmes 〈…〉 belonging to the Company of the 〈…〉 aforesaid Erâ—sâ—â— his Latine Translation of the Testament and many others of the like nature XX Peradventuee some greedy and it may be needy Printers and Stationers will not be satisfied with Reason unlesse they may against reasonable equity inwade other mens Proprieties and Rights â—ut I hope the High Representative of this Nation at what time they shall in their wisdomes thinke fit to passe an Act or Acts for the Regulating of Printing will therein by expresse Provisoes confirm and ratifie not onely the propriety of Mathew Barker aforesaid for him and his Assignes but all such other Propriety and Proprieties which belong to the Company of the Stationers to every free Stationer respectively whereby the Prudent care of the Parliament will suppresse Licencious Incroachments upon many considerable Copies and avoyd therein future debate and controversy WILLIAM BALL â—â—rtaine Additionall Answers 〈…〉 to such Objections as may peradventure be made I. IF it should be said that the Penalties which I have proposed are too great and also that Penalty left to discrâ—â—â—â— in some cases may seeme Rigor â—â—swer that Abuses are seldome reformed without great Penalties and in 〈…〉 as great Detriment may ensue to 〈…〉 Common-wealth by scandalous and 〈…〉 Printing as may by counterâ—â—it and debased Coyning The Penalty for the one ought in some measure to aequalize the Penalty of the other And Penalty in some cases left to the Discretion of grave Personages is not Rigor 〈◊〉 〈◊〉 Terror which may be reguâ—â—â—â— by Naturall Equity II. If it should be said that the Commissioners of the Great Seale Judges of the Law Secraâ—tary of State and some others whom I have nominated for Licencing of Bookes may in Regard of their great and weighty Affaires want 〈◊〉 〈◊〉 and 〈…〉 Books c. I answer that every one of the said Persons and 〈◊〉 〈◊〉 who shall have power to 〈…〉 may have power to enâ—â—â—â— and depute 〈◊〉 〈◊〉 〈◊〉 provided themselves will be responsible for the 〈◊〉 〈◊〉 which such 〈…〉 shall Commit and thaâ— such Deputieâ— set their owne 〈…〉 and the 〈…〉 for whom they 〈◊〉 〈◊〉 〈◊〉 such Bookes c. which they shall Licence III. 〈…〉 it should be said That requiring double Copies and an Office for Registry thereof would be vexatious c. I 〈…〉 that the abuses to Licensers as 〈…〉 to Authors have been so great as 〈…〉 selfe amongst others can testifie in a 〈…〉 Booke of mine owne that no safer 〈…〉 can be found moreover why should 〈…〉 those things which appertaine to the 〈…〉 be kept upon Record as are many 〈…〉 that appertaine meerely to Livelyâ—â—â—od and whether men write for the Glory of Almighty God and good of â—thers which ought to be the chiefe 〈…〉 or the profit of themselves let them take so much paines as to write the subject twice or otherwise spare their paines for once And if it should be said that by that meanes fewer bookes will â—â—me into the Presse I answer not the â—â—â—merous multitude of Bookes but the solid validity of them will benefit a Common-wealth William Ball
A BRIEFE TREATISE CONCERNING THE REGULATING OF PRINTING Humbly presented to the PARLIAMENT of England By WILLIAM BALL Esq LONDON Printed in the Year 1651. A BRIEFE TREATISE CONCERNING The Regulating of Printing AMongst many temporall Benefits which Divine Bounty hath in severall ages manifested to mankinde the invention of the Mystery or Art of Printing may rightly be acknowledged one of the greatest as an exact and exquisite Instrument opening to the understanding not onely all naturall Sciences but even supernaturall Mysteries by the meanes whereof the mindes of men have been endowed with many excellent gifts Yet even as the best things have been abused so hath this beneficiall Art been notoriously depraved by vaine contentious and seditious Persons to the greatconfusion ' of Doctrinall Tenets and Disturbance of State-Affairs For prevention as much as may be of so dangerous extravagancies the most regular Christian Potencies or Republicks and Illustrious Potentates have thought fit to comprehend the liberty of Printing even as of Coyning within the sphere of their severall Powers Wherein amongst others the late Q. Elizabeth and her successors have not without mature deliberation and sage presidents in this point been most vigilant well perceiving that the Eye of understanding might be subject to be deceived by erroneous principles in Print as may the bodily Eye by counterfeit Coyne In Regard whereof they propagated wholsome Orders and Decrees for the Regulating of Printing and Printers which rightly considered cannot be defaced no not blemished by the notion of Tyranny Moreover it is an Axiom of State that Acta legitima Tyrannorum Hostium Reipublicae rata esse oportere Bodin de Republicâ L. I. c. 5. The lawfull Acts of Tyrants even of over-Lording enemies ought to be observed in a Common-wealth so that admitting Oppression or Tyranny in some Trans-actions of these Later Princes yet their prudent and just Ordinances are not to be Rejected but rather mutatis mutandis to be carefully conserved Wherefore with all humble submission to the High Representative of this Nation I have tendred these subsequent Proposalls and clauses concerning the Regulating of Printing and Printers unto their grave Considerations and censures part whereof I have collected out of former Ordinances and have partly proposed somewhat of mine owne as hereafter ensueth I. That no person or persons whatsoever Print or cause to be Printed any offensive Bookes Pamphlets Papers or Ballads to the Derogation of this present Government or seditious disturbance of this Common-wealth or of any Dominion Member or Corporation thereof nor shall sell or dispose of any such Bookes Pamphlets Papers or Ballads upon Paine that he or they so offending shall forfeit for every such Booke c. the summe of 10l The one halfe to the use of the Common-wealth the other to the party discovering the same and suffer such farther punishment as the Demerit of the Offence or Offences shall deserve II. That no person or persons whatsoever shall Print or cause to be Printed any Booke or Pamphlet whatsoever unlesse such Booke or Pamphlet and all and every the Titles Epistles Prefaces Proâ—â—ems Preambles Introductions Dedications Tables and all other matters and things thereunto annexed or therewith imprinted shall be first lawfully Liensed and Authorised by such Person or Persons as the Parliament of England shall in their wisdomes constitute and appoint and that all and every such Book or Pamphlet be also first entred into the Register Book of the Company of Stationers upon Paine that every Printer offending therein shall be hereafter for ever disenabled to exercise the Art and Mystery of Printing and suffer imprisonment by the space of one whole yeare provided that this extend not to the Printers of the Parliament of England and Councell of State for or touching any Booke which they shall Command or allow of III. That all the Books concerning Divinity Phylosophy and Poetry shall be Printed by speciall Allowance of the Chaplaines in ordinary to the Councell of State or by one of them And in case of no such Chaplaines in being then by three Divines for that purpose appoynted or by one of them All Books of State Affaires and History except Diurnalls to be licenced by the Secretary of State with two more of the Councell of State joyned unto him or by one of them All Books concerning Law to be Licenced by the Lords Commissioners of the greate Seale Lord cheif Justices Master of the Rolls or by one of them All Books touching Phisicke to be Licenced by three of the Colledge of Phisitians appointed for that purpose or by one of them All Books of Mathematicks to be Licenced be three professed Mathematicians being appoynted thereinto or by one of them All Books of Military Discipline to be Licenced by three of the Councell of War or otherwise of the Grand Committee for the Militia or by one of them All Books of Heraldry to be Licenced by the Principall Herald at Armes with two other Authorized Heralds joyned unto him or by one of them All Books concerning forraigne Languages to be allowed by three Linguists for that purpose appoynted or by one of them Provided that the Chancellors or Vice-Chancellors of the Universities shall Licence onely such Booke or Books that are to be Printed within the Limitts of the Universities Respectively but not in LONDON or else-where not medling with Books of Common Law matters of State Military Discipline and Heraldry IV. That every Person or Persons which are or shall be appoynted or Authorized to Licence Books shall have two severall Copies entirely written one of which Copies shall be kept in a Publicke Office or Registrie for that purpose to be appoynted the which Copy every such Person or Persons who shall Respectively allow of or licence for Printing shall send into the said Office or Registry testified under his or their hands to the end that he or they may be secured that the Copy so licensed by him or them is not altered without his or their privity the other Copy Licensed shall remaine in his hands whose Copy it is and all Stationers and Printers that shall Print or cause to be imprinted any Copy or Copies whatsoever differently from this Rule to incurre the penalties contained in the second clause V. That every Merchant of Books or Person or Persons whatsoever who shall Import any Book or Books from beyond the Seas into this Common-wealth of England shall before he or they deliver 〈…〉 cause to be delivered forth any such Book or Books out of his or their â—â—nds or expose them to sale deliver â—n a true Catalogue in writing of all and every such Book and Books unto the Master of the Office or Registrie for Copies aforesaid upon paine of forfeiture and Confiscation of all and every such Book and Books and twenty shillings fine for every such Book delivered forth or exposed to sale the one half to the use of the Common-wealth the other to the Party discovering the same VI