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A26139 The original and growth of printing collected out of history, and the records of this kingdome : wherein is also demonstrated, that printing appertaineth to the prerogative royal, and is a flower of the crown of England / by Richard Atkyns. Atkyns, Richard, 1615-1677. 1664 (1664) Wing A4135; ESTC R22866 21,864 35

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Wofull Experience tells us That very few if any went further with the KING than their own Interests led them Which puts me in mind of a Story of Queen ELIZABETH who being at Quinborough upon an Occasion the Maior of the Town brought her onwards of her Way so far till the Queen desir'd him to return back again saying he had brought her far enough To which he replyed Madam I 'le bring your Majestie as far as my Way lyes For his Worship being a Landed Man had a small Tenement about a mile further I wish Corporations would do but as much as that and not go out of their Way to destroy Monarchy for I must needs confess that shining Shooes and set Ruffs were very forward to sit in Judgment upon the late King's Party for doing but their Duty to their PRINCE which they themselves ought to have done And here I might take occasion to say That though the Lawes of GOD be infinite and everlasting and fitted for all Times and Persons yet the Lawes of Men are like themselves finite imperfect and subject to Infirmity and Death it self as the makers are Hence it comes that so many Laws are repeal'd and others made in their rooms and hence it may come that all lesser Governments under a Monarchy may by misuser be wholly taken away or else abated as was heretofore the Barons Power by their so often taking up Arms against the KING and the two Hundreds of Dudson and Kings Barton who were by this very Parliament taken out of the Jurisdiction of Gloueester though enjoy'd by them ever since the Times of Richard the Third the Grant being judg'd unreasonable our best Lawes and Constitutions by Age losing strength and vigour as our Bodies do either by the Crafty Evasions of the Offendors or by the alteration of their Vices or by the male-administration of Justice upon the Malefactors for the just performance of which last none have greater Encouragement than the reward of a good Conscience to fortifie them against the malice of those they punish who though they Act according to their best Judgment yet by reason of some doubtful penning of a Law Offenders are also many times taken out of the hand of Justice to the very great encouragement of the Delinquents and discouragement of the Punishers insomuch as when Twyn was lately arraign'd for Printing Treason he was condemn'd by the old Law though there be a new one now Extant for that very purpose And so I return to the Stationers again where I find them very Sollicitous with the Parliament to Enlarge or at least Confirm this Power they have already resolving to have it by Hook or by Crook and Promising all care and diligence for the future if they shall be once more trusted saying with Absolom O that I were made Judge in the Land c. That every Man might have Justice and what followes but presently raising an Army against King David though his own Father Let not the Reader conjecture I lay an Imputation upon every particular Member of the Company for there are too many of them that groan under the like Burthen as I my self do but against the whole Corporation as a Body Politique especially as 't is now governed I have now shewed you the Practices of the Company of Stationers and some particular Members thereof against the King and his Patentees who like Painted Sepulchres appear Glorious without but within are full of Rottenness and Corruption I have also opened tented and sering'd the Sores of their Body Politique and tryed them to the quick which I hope will not prove like the Touch of a Gall'd Horse-Back to receive a Kick for my Labour and good-will But because I am not so good a Chirurgion as to close and cure them again my self I shall implore the help of the Parliament and shall most humbly Recommend them to their Cure together with these ensuing Observations and Proposals The Reasons inducing Queen Mary to Incorporate the Stationers are expressed in her Charter in these words Nos considerantes quod seditiosi et heretici Libri Rithmi c. indies sunt editi excuss et iuspressi per diversas scandalosas malitiosas Schismatic et heretic personas non solum movend Subditos et Ligeos nostros ad seditiones et inobedientias contra nos Coronam et dignitatem nostras verum etiam ad maximas et detestabiles hereses contra fidem c. Et remedium congruum in hac parte providere Volentes de gratia nostra speciali c. The Queen Erects the Corporation with Powers and Trusts 1. To make Lawes pro securo regimine of the Members of the Company 2. To search for and seize Books Printed contrary to Law Observ 1. The Erecting this Corporation hath not proved Remediall against the Mischiefs recited in the Charter But the Queen was wholly deceived in the Design aymed at in passing the Charter 2. The Intrusting the Stationers with the Powers aforesaid hath not only not remedied but hath encouraged encreased and secured the Printing Sedition and Treason For 3. The Persons who are Intrusted with the Search and Discovery of the Offences to be remedied are themselves the Common Offenders therein The Company in their Politique Capacity cannot Execute the Trusts or merit or offend but by their particular Members divers principal Members of the Company have been actually Convicted some as privy and accessory other as Principals in Printing and Publishing Illegal Books and many Treasonable Books have been printed during the late Troubles for several principal Members of the Company 4. The Company of Stationers have in other things exceeded the Authorities granted by their Charter as by Imposing and Administring of Oaths c. and by Entring other Mens Copies in their Hall-Book as their own and then Printing and Selling them in Opposition to the King 's Grant and this by vertue of a Law in the latÄ— Evil Times and have also assumed to themselves by Colour of the said Charter the whole Right of Priviledging and Exercising Printing and have Combined to oppose and overthrow the King 's Just Power and Prerogative herein and Interest of His Patentees 1. From all which it appears the Crown hath been deceived in the End and Design of Erecting the said Corporation 2. That they have not proved Remediall but Instrumental to the Increase of the Mischiefs they should redress 3. That they have broke and acted contrary to the Trusts imposed in them by their Charter 4. They have by Colour of their Charter abused the Favour of the Crown in exceeding the Authorities granted them and assuming to themselves the whole Power of the Crown concerning the Matter of Printing I therefore take the boldness most humbly to propose to your Honours I. That the King 's Just Power and Prerogative in the impowring and restraining Printing and in the Hearing Regulating and Determining all Differences touching the same as a Matter of State
PER ME REGES REGNANT IUSTITIA STABILITUR SOLIUM SCRIPTURA ET LEGES SUNT FUNDAMENTA CORONAE CEDANT ARMA TOGAE THE Original and Growth OF PRINTING COLLECTED Out of HISTORY and the Records of this KINGDOME Wherein is also Demonstrated That PRINTING appertaineth to the Prerogative Royal and is a Flower of the Crown of England By RICHARD ATKYNS Esq White-Hall April the 25 th 1664. By Order and Appointment of the Right HONOURABLE Mr. Secretary MORICE Let this be Printed THO RYCHAUT LONDON Printed by JOHN STREATER for the AUTHOR MDCLXIV TO THE KINGS MOST Excellent Maiesty Most Gracious and Dread Soveraign THough I had the Honour to be very well known to His Majesty of ever Blessed Memory Your most Royall Father and to be a Sufferer in the loss of a considerable Estate for His most Just Cause yet I may not be so well known to Your Sacred Person however the same Duty that moved Me to fight for Him remains in Me to write for You not out of any Confidence in my Pen for I am the first shall judge that my Self but out of Conscience and Loyalty to my Soveraign for whose sake I resolve to hazard Censure rather than to be wanting in any Discovery that may tend to Your Majesties Interest and indubitate Right The least loss of Power in a Magistrate is a great Detriment to his Government and an Advantage to his Enemies the least Creep-Window robs the whole House the least Errour in War not to be redeem'd And as that ever Blessed late Martyr said when He gave his Watch of Government to be cleansed by the too-long Parliament the least Pin of it being left out would cause a Discord in the whole Therefore might Solomon well say Where the Word of a King is there is Power The King and Power being Relatives That Printing belongs to Your Majesty in Your publique and private Capacity as Supream Magistrate and as Proprietor I do with all boldness affirm and that it is a considerable Branch of the Regal Power will no Loyal Person deny for it ties and unties the very Hearts of the People as please the Author If the Tongue that is but a little Member can set the Course of Nature on Fire how much more the Quill which is of a flying Nature in it self and so Spiritual that it is in all Places at the same time and so Powerful when it is cunningly handled that it is the Peoples Deity That this Power which is intire and inherent in Your Majesties Person and inseparable from Your Crown should be divided and divolve upon Your Officers though never so great and good may be of dangerous Consequence You are the Head of the Church and Supream of the Law shall the Body govern the Head Men use to trust when they cannot avoid it but that there may be a Derivative and Ministerial Power in them with Appeal to Your Majesty I do with all Humility admit and propose Printing is like a good Dish of Meat which moderately eaten of turns to the Nourishment and health of the Body but immoderately to Surfeits and Sicknesses As the Vso is very necessary the Abuse is very dangerous Cannot this Abuse be remedied any other way then by depriving Your Majesty of Your Antient and Just Power How were the Abuses taken away in Queen Elizabeth King James and the beginning of King Charles his time when few or no Scandals or Libels were stirring Was it not by Fining Imprisoning Seizing the Books and breaking the Presses of the Transgressors by Order of Councel-Board Was it not otherwise when the Jurisdiction of that Court was taken away by Act of Parliament 17 Car. If Princes cannot redress Abuses can less Men redress them I dare positively say the Liberty of the Press was the principal furthering Cause of the Confinement of Your most Royal Fathers Person for after this Act every Male-content vented his Passion in Print Some against his Person some against his Government some against his Religion and some against his Parts the Common People that before this Liberty believed even a Ballad because it was in Print greedily suckt in these Scandals especially being Authorized by a God of their own making the Parliament finding the Faith of the Deceived People to be implicitely in them Printed the Remonstrance the Engagement to live and dye with the Earl of Essex the Covenant c. and so totally possest the Press that the King could not be heard By this means the Common People became not onely Statists but Parties in the Parliaments Cause hearing but one side and then Words begat Blows for though Words of themselves are too weak Instruments to Kill a Man yet they can direct how and when and what Men shall be killed In the Statute of 21 Jac. Printing keeps very able Company as Salt-Peter Gun-Powder Ordnance c. all which are Exempted from being Monopolies Not to be longer tedious I too much fear this late Act for two years compleats all the former Concessions of the late King I know it was done in hast and with a good Intent but by Your Majesties Gracious Leave and Pardon even then very considerable Persons in Your House of Commons were of Opinion they had nothing to do with it the Power of the Press being so wholly in Your Majesty Indeed Necessity that hath no Law was the cause of this Law viz. to hinder the Growth of Scandalous Books and Pamphlets but it hath fallen very short of the End for few or none of many Printed have bin brought in by the Stationers I have now discharged my Duty to Your Majesty and if I find I have so far prevailed upon Your Royall Goodness as to ask unconcern'd Councel what is best to be done I have my End I hope Your Majesty will have the Advantage So prayeth Your Sacred Majesties most Humble Servant and most obedient Subject RICHARD ATKINS TO The Right Honourable THE LORDS AND TO The Honourable THE COMMONS ASSEMBLED IN PARLIAMENT May it please your Honours I Have ever better understood mine own Disabilities then to desire to appear in Print where the Author stands as a Butt to be shot at by the sharp Arrows of every busie Critick and runs a most certain hazard and most uncertain Benefit But having been above twenty three years in Chancery and other Courts of Justice and spent more then One Thousand Pounds in vindicating the Kings Grant of Printing the Common Laws of England and His Lawful Power to grant the same and kept His Title alive even in the worst of Times when 't was reputed unlawful because the Kings I cannot refrain from defending it now the King is or ought to be restored to His Rights again especially since all Persons are invited by Order to speak their Minds freely concerning this Subject So that there is a Necessity upon me to speak now or for ever hereafter to hold my Peace this being probably the last time of Asking 'T is not unknown