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A31124 The Case of the booksellers and printers stated with answers to the objections of the patentee. 1666 (1666) Wing C1017; ESTC R34793 4,479 1

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The CASE of the BOOKS ELLERS and PRINTERS Stated with Answers to the Objections of the PATENTEE IT is humbly conceived First That the Author of every Manuscript or Copy hath in all reason as good right thereunto as any Man hath to the Estate wherein he has the most absolute property and consequently the taking from him the one without his own consent will be equivalent to the bereaving him of the other contrary to his Will Secondly Those who purchased such Copies for valuable considerations having the Authors right thereby transferred to them and a due Licence and Entrance according to Law 't will be as prejudicial to deprive them of the benefit of their Purchase as to Disseise them of their Freehold Thirdly The Art Craft and Mystery of Printing if it be made to appear to be a Common Trade and Occupation whereby many hundred Families are maintained then the consequence must be That the Pattent now in question granted to John Moore for the sole Printing of all Books touching or concerning the Common Law of England Must be a Monopoly Now that it is a Common Trade will be made evident by considering how and when the Art of Printing came into this Kingdom which was in the Reign of H. 6. and yet no Patent for Printing Law-books was granted until the Reign of Edw. the sixth which was about 100 years after And not long after H. 6. the Art and Mystery of Printing being found a thing very useful for the Common-weal The number of Printers much encreased and Printing improved at the Subjects charge after which they took Apprentices and had Servants and many Families were supported by it and so by the use and necessity thereof it then became a Common Trade whereon the Subsistance of many Families have ever since depended Insomuch That by the Stat. 35 H. 8. c. 15. it is in the preamble declared That great numbers of Englishmen are well skil'd in the Craft and Mystery of Printing in all points therefore the Statute prohibites any Forreigners to bring in any Books bound up and lays likewise a penalty upon any persons that shall buy any manner of Printed Books of any Forreigners by Retail Which Act of Parliament did not onely declare Printing here to be a Common Craft and Trade but likewise made Provisions for the encouraging of the Trade for the future the success whereof is visible to all Men and this present Parliament calls Printing An Art and Manufacture which for many years hath been in this Kingdom and says further for the encouragement thereof Be it enacted c. This being taken for a Ground which cannot with any Reason or Authority be denied It is to be considered Whether the Pattent 19 Jan. 15 Jac. which grants to Moore the sole Printing of all and all manner of Books which touch or concern the Common Laws of the Realm of England with a Prohibition to others not to Print Be a Monopoly or not And it is conceived it is a Monopoly for these Reasons I. It is a Restraint of Trade for by the same reason as the King may grant the sole Printing of Law-Books by the same reason he may grant the sole Printing of all manner of Books to any person which never any King of England did In the Fiftieth year of King Edw. the Third lone had procured a Pattent under the Great Seal for the sole Selling of Sweet Wines in London and it was adjudged a Void Patent as much as if it had a grant for the sole Selling of all manner of Wines Cooke 3 Inst 181. Note That Case exactly agrees with the Case now in Question and the Patent condemned in Parliament II. It will much inhance the Prizes of Law-books for if the Pattentee shall have a power to restrain others from Printing he may advance the Rates of Books as he pleaseth and the rather now at this time because vast quantities of Law-books were burnt in the late Fire III. If the Patentee should Engross the whole Trade of Printing Law-books he may Print the Books with bad Impressions and yet make the Subject pay as dear for them as for the best All which particulars before mentioned are declared by the Laws of England to be incidents inseparable to all Monopolies and the Case now in Question hath all those inconveniencies attending it Now it is to be considered where lies the strength of the Arguments on the other side Object 1. Say they Printing was brought in at the proper Costs and Charges of King Henry the Sixth therefore the King hath the Right Answ At the first invention of Printing the King might grant it to the Inventor if he had been at the sole Charge and it would be good or the King being at the charge might have the new Invention at his disposal But when in process of time the Invention becomes a Common Trade or Mystery then the Subjects come to have an Interest in it as it is an Occupation which supports many People and Families And this is proved by 21 Jac. cap. 3. which Enacts That of any new Invention the Kings grant shall be good but for Twenty one years But Printing was not brought in at the sole Charge of the King but at the Charge of the King and Subject for Bishop Bourchier gave 300 Marks towards it as appears upon Record Obj. 2. They object the Proviso 21 Jac. cap. 3. which provides that that Statute shall not extend to any Letters Patents or Grants of Priviledge heretofore made or hereafter to be made concerning Printing so they urge That by that Proviso the Parliament seems to pass their Judgments that such Patents were good Answ 'T is denied that this Proviso adds any thing to make Patents good which were void in Law and the Lord Cook in his third Inst. fol. 185. who was the principal Instrument in sorwarding that Act says That it onely excepts it out of the penalty of the Act but leaves it of like force and effect as it was before And without question the true reason of that Proviso was to save the Patents which were granted of particular Copies as the Year-books c. which were made at the Kings own charge and the Bible c. which he purchased with his money and such as he had the sole right of disposal as Acts of Parliament Proclamations c. 3 Obj. They make is Vpon the Proviso in the late Act for Printing which provides That that Act should not prejudice the just Rights and Priviledges granted by any Letters Patents Answ Observe the Proviso takes notice of the just Rights such as are consonant to Law but not to any Patent which grants a Monopoly besides the nature of the Proviso is that it will neither add any force to the Patent nor diminish it but leave it as it was before this Statute was made 4 Obj. and principal one is That Printing is at the Kings dispose by his Prerogative because necessary for the safety and