Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n king_n law_n statute_n 7,035 5 8.3485 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A26137 The Kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted Atkyns, Richard, 1615-1677. 1669 (1669) Wing A4133; ESTC R30820 8,165 20

There are 2 snippets containing the selected quad. | View lemmatised text

people generally neither intitled to the Right or Vsage of printing the Laws remains grantable as at the first by Virtue of the same Prerogative and for the same ends and with the same innocence from injuring any one 5. Besides the Reasons before mentioned of security to the Kingdome against Innovations or false construction of the Laws either by the designs of Authors or mistake of Printers which is worthy the Princes Care and those He entrusts with the printing of the Laws to prevent the King hath as I conceive a peculiar Right and Property not only in the Art and Invention of printing by purchase as before hath been said for in that I lay no great weight but in the Laws themselves and in the publishing thereof which cannot be taken from Him or assumed by any Subject without His leave 'T is true the people have also a Right in the Laws as they had before Printing was known not to print them but to receive the fruit of them from the Kings Hand But the King is the Repository and Proprietor and is entrusted with the Promulgation and Execution of the Laws There is Lex scripta non scripta The written Laws are Records c. which are Recorda Brevia Domini Regis and are reckoned inter Thesauraria Regis as the chief and principal things wherein he hath property But the unwritten Laws which are grounded upon Custom and Reason c. are yet more properly the Kings then the other for these are in his Brest The written Law is reposited but in Arca or Thesauro Regis but the Laws unwritten are in pectore Regis In scrinio pectoris saith Fortescue From whence I infer That these Laws and Records which are so peculiarly the Kings in property and dispensation ought not to be published or numbred or interpreted but by Authority from Him and the printing thereof is of the Kings free pleasure and not the peoples Right and consequently the priviledging some to print the Law is the Kings Grace and the restraining others from that Liberty not any wrong 6. If no material Reason could be offered in this Case to assert the Kings Right in Granting this Priviledge yet there want not Authorities to justify the same 1. The constant usage and practise without exception from the first settlement of Printing as appears by the succession of Patents before mentioned In the Argument of Darcy and Allens Case One great Reason against that Patent was That the like had never been granted before But here the like hath ever béen granted ever since the printing of the Laws and the like or any Exception thereunto never heard of before 2. The general Allowance of the Judges in the Argument of Darcy and Allens Case where this Patent was cited as a president and holden lawful necessary pur le peace safety del Realm Nemine contradicente 3. The Stat. 21 Jac. cap 3. was passed purposely to suppresse the then present and to prevent the future granting of Monopolies and yet expresly excepts Patents of priviledge for sole printing of Books with several branches of the Militia and Offices and other like things of the highest concern to the Crown And I cannot omit to observe That this priviledge of printing is the first thing named in the Exception as if the Parliament then had it first and principally in their Care And that this Patent now in question was the same Patent then in force 4. The Stat. 21. Jac. before mentioned and also the Stat. 14 Car. 2. touching the Regulation of printing provide for Patents of Priviledge for printing Granted or to be granted which they would not have done had they not approved and intended to encourage like Grants to be made And also the last mentioned Stat. fol. 433. expresly prohibits under penalties printing or com-printing of such Books the which any other hath sole priviledge to print by Letters Patents which implies the Parliament intended to support and establish such as lawfull and it cannot be reasonably thought several Parliaments should so expresly provide for this priviledge of sole Printing if they had not designed to secure it from the Censure of a Monopoly It hath been Objected That this Patent hath the mischiefs of a Monopoly for thereby the Patentee may enhaunce the prices of Law-Books May print the Law-Books as defectively as he pleases and may prise mens Labours at his own Rates c. 1. The prices of Books may if occasion shall be be regulated by the Chancellor c. per Stat. 25 H. 8. cap. 15. 2. Defective printing or other abuses in or about the printing of the Laws is a breach of Trust and punishable in the Patentée and a cause of forfeiture of his Patent as mis-execution or defective erecution is a cause of forfeiture of an Office 3. If these Objections were true and could receive no Answer the mischiefs pretended are not comparable to the benefits received or the security which redounds to the Publick by restraining the general Liberty of printing the Laws The words of the Patent are said to be too large and unreasonable to priviledge all Books concerning the Common Laws For herein all manner of Books whatever are included forasmuch as every Book more or less compriseth something of the Common-Law This is an unreasonable construction of the words for Books principally treating of another Subject which in the proof or proceeding thereunto only mention some Maxims or principles of the Law can only be said to contain in them some Chapter or Page but cannot be termed Books concerning the Law the Law neither being their subject or design Denominatio ●umitur à Principali 7. If this Patent touching the sole printing of the Laws should in this Age have the sentence of a Monopoly against Law in consequence other Patents of priviledge of like nature for sole printing of Books that is to say the Patents to the Kings Printers for printing Proclamations The Patents for printing the Bible Testament Common-Prayer c. The Patents of both the Universities of this Kingdom in reference to Printing The several Patents to the Company of Stationers for sole printing the Primer Psalters Singing Psalms School-Books and that of Almanacks the words of which are All and all manner of Almanacks In terminis such as be the words of the Grant in question and are all Priviledges of the like nature and authority but of lesse reason and use must have the same fate to be overthrown therewith 8. The usage of other Neighbour Kingdomes and States may in this matter enforce the reasonableness of the like Vsage here In France Germany Holland c. sole priviledges of this Nature are usually granted and solemnly observed The Forms whereof are to be séen before several Books printed within those Kingdomes to this effect viz. Sancta Caesarea Majestas diplomate suo sanxit ne quis praeter A. B. C. D. intra sacri Imperii Romani Regnorumque c. Fines these and those Books in toto vel in parte excudat c. sub confiscatione c. In like manner Ordinum Hollandiae Westfrisiaeque singulari privilegio cautum est ne quis praeter A. B. C. D. these and those Books Imprimat c. sub confiscatione c. The Form of the French Kings Priviledges recite his Prerogative That no Book can be printed within his Dominions Sans avoir sur ceo nos Lettres à ce necessairs That thereupon he does permit such persons to print such Books in such manner c. Faysans d' offence à touts imprimeurs c. d' imprimer c any of the said Books besides the persons priviledged Now forasmuch as the Kings of this Realm of England are not Restrained herein in case they might so be by any Statute since the Invention of printing why should They be conceived to have less Right and power to Grant like priviledges touching printing then is practised by their Neighbour Princes upon the same Reasons of Law and State for their Subjects safety It being almost impossible for a Prince to rule the spirits and wills of his Subjects since Printing came in Vse without restraining the Presse which so evidently influences them to Evil or Good I only add That after the Long Parliament had Anno 1641. opened a Liberty to the Presse for their first Service to insinuate and propagate Principles of Rebellion they immediately found it necessary again to Restrain the same Anno 1643. for their own Security The sum of all which is 1. That some Monopolies may be necessary and useful to the Publick and consequently lawful 2. That the King hath Prerogative to priviledge such and is Iudge of the matter 3. That the Priviledge in question is such and hath been so adjudged by the Kings Predecessors ever since the Reign of Edw. 6. 4. That there hath been a continued succession of Patents of the same priviledge ever since the printing of the Laws 5. That experience hath discovered the Mischief of Liberty in printing the Laws 6. That the King upon fore-sight hereof much more upon experience might Restrain the printing of the Laws wholly 7. That the King hath a Property in the Laws and 't is His Grace and not the peoples Right to have them printed 8. That like priviledges for sole printing of Books are practised and used to be granted by all the Neighbour Princes and States where printing is used 9. That in Arguments of Law this Priviledge hath been cited and allowed lawful 10. That several Statutes have excepted and preserved it as lawful From all which it is with submission concluded to be so FINIS Lib. 2. cap. 12. Parag. 16. Reg. 127. F. Paul Servita in his History of the Inqu pag. 104. Anno 1466. This appears by a Manuscript thereof in the Library at Lambeth 7 E. 6. 7 E. 6. 1 Eliz. 20 Eliz. 41 Eliz. 15 Jac. a F. Paul Servita ubi supra Pag. 106 107. 44 Eliz. Moores Rep. 673. 1. Object Sol. 2. Object Sol.
to the KING who alone comprehendeth the Estate of publick things and it is a duty and consequence of his Supream Magistracy Now Printing in every mans reason and observation is and in the Act for Regulating Printing is prefaced to be matter of Publick Care and great Concernment These things being premised I shall only state the Case truly as it is to be understood touching the Priviledge in question and then the Application will be obvious In the Reign of King Hen. 6. the Art of Printing was first invented And as some Manuscripts relate the same King Hen. 6. purchased the first discovery of the Art and thereby became Proprietor thereof at his own charge Whereby the same came to be taught and used in England but for the Printing of such matters onely as the King Licensed and Priviledged and by the sworn Servants of the King onely and in places appointed by the King and not elsewhere By the later end of the Reign of H. 8. the Invention was come to some perfection and several Books were then printed here cum Privilegio and Others brought over printed from beyond the Seas but being few in number and the prices thereof excessive the same was remedied by the Stat. 25 H. 8. cap. 15. The State at that time taking consideration of the growth of Printing and the danger and consequences that might ensue to the King and People by Printing the Lawes of the Land that thereby Errors and Seditions might be divulged and insinuated and other mischiefs happen to affect the the people thought fit thereupon to commit the Printing of the LAWES to the Care and Trust of some particular persons whom the KING by Patent priviledged to print the same with a Clause of Restraint to all others from presuming to meddle therein All succéeding Kings and Queens of this Realm have upon like Considerations mentioned in their Grants and other Considerations of State in Wisdome thought fit to continue the said Priviledg in the hands of some persons in whom they consided with like Clauses of restraint as before The dates and successions of which Grants are as followeth The King granted a Patent of Sole Priviledge to Print Law-Books to Tottell for 7. years with restraint to others from presuming to print his Lawes The Quéen renewed Tottells Grant for life The Quéen granted like Patent of priviledg to Yersweirt Clerk of her Signet for 30 years The Queen granted a New Patent of like Priviledg to Weight and Norton for 30 years The King granted a New Patent of like Priviledg to John Moore Clerk of his Signet for 40 years Which Patent is still continuing These Priviledges ad Imprimendum solum have continually béen enjoyed according to the purport of the said Grants saving the interruption forced upon the Presse after 1642. in the times of the late Troubles whereby Sedition and Treason came to be printed openly and continued so to be till His Majesties Restauration This is the first peaceable Age wherein the Kings Prerogative in this matter of Printing the LAWES was ever questioned or the aforesaid Priviledges charged with the imputation of Monopolies And whether they be Such Monopolies as are against Law is the present question For the justifying the lawfulness of this Priviledge I offer the Reasons ensuing 1. That the King hath as absolute Power to prevent Evils foreseen as He hath to reform them which happen unforeseen And I conceive it clear as He may forbid the exercise of any Invention which upon the Permission thereof shall prove or become a Nusance or common mischief So He may qualifie or wholly prohibit the first use of it out of a prospect of the mischief Watchfulness and Carefulness are the Duties required of a good Prince to watch is that He may prevent and obviate Dangers Now experience hath discovered to us the Dangers and Mischiefs of the Liberty of Printing And though the excellency of the Invention cannot be denyed yet whoever will consider it shall find that Factions and Errors in matters of Religion and principles of Treason and Rebellions in matters of State have been more insinuated and fomented by the Liberty of the Presse then by any other single means So it may seem a question impartially considered whether the Use of Printing recompenceth the mischief by the liberty and abuse thereof Therefore the Father observeth excellently well The matter of Books seemeth to be a thing of small moment because it treats of words but through these words come Opinions into the World which cause Partialities Seditions and Wars They are words it is true but such as in consequence draw after them Hosts of Armed Men. Now certainly had the King at the first discovery of the Invention of Printing foreséen the Vse thereof a likely means of Disturbance to the peace of the Church or State as the liberty and abuse thereof hath proved to both It had béen in the Kings power for the Peace and Safety of both to have prohibited the Vse of Printing wholly 2. As upon the Reason aforesaid the King might at the first have refused to have received the Vse of Printing at all into His Dominions so much more reasonably might He restrain the general Liberty and Vse thereof not to extend to matters of State or Law these being peculiarly within His Concerns and of more apparent danger to the peace of the State Some States have not suffered their Laws at all to be published or known There might be policy in this though it seems unjust yet on the contrary for a general Liberty to publish the Laws is neither honourable nor safe The mean betwixt these extreams hath been practised by the Kings of this Realm not to Restrain the printing of the Laws wholly as They might have done nor yet to give a General Liberty to every man for the doing thereof which might prove unsafe but to Priviledge Select Persons only to do the same who might be answerable for Misdemeanors and Defects therein 3. Though the Art of Printing was discovered sometime before the Reign of E. 6. from whom the first Patent of this Priviledge appears Granted yet were the presses all then Licenced by the King And none or no considerable Book of the Law was printed before that time the Art not being come to perfection So that the first Patent of this priviledge could not be pretended a Monopoly or illegal none then having the Trade or Right of printing the Laws to be detrimented thereby 4. The King having at the first beginning of Printing by His lawful Prerogative and upon just Reason placed this Priviledge of printing the Laws solely in the hands of particular persons to prevent mischiefs which might ensue upon a general liberty given to print the Laws and the said Priviledge being then not unlawful because no restraint of any thing then practised or exercised or which any one had right to exercise and having ever since so continued and the