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A47832 Considerations and proposals in order to the regulation of the press together with diverse instances of treasonous, and seditious pamphlets, proving the necessity thereof / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. 1663 (1663) Wing L1229; ESTC R19523 23,965 49

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Love to the Gospel and to the Ordinances ibid. Abundance of Priests and Jesuits are in the midst of us and Popery preach'd amongst us But where are our old Eli's now our Moses's our Elijahs our Vriahs Animadversions upon the Bishop of Worcesters Letter We may lawfully refuse to submit unto such Impositions as God hath no where commanded The Year of Prodigies Amongst the Hellish rout of Prophane and ungodly men let especially the Oppressors and Persecutors of the True Church look to themselves when the hand of the Lord in strange Signs and Wonders is lifted up among them for The final overthrow of Pharaoh and the Aegyptians those cruel Task-masters and Oppressors of the Israelites did bear date not long after the Wonderfull and Prodigious Signs which the Lord had shewn in the midst of them A Word of Comfort The Church of God appears in his Cause and loseth Bloud in his Quarrel P. 8. Is not God upon the Threshold of his Temple ready to fly Are not the shadowes of the Evening stretched out and may we not fear the Sun-setting of the Gospel P. 30. The Lord may let his Church be a while under Hatches to punish her Security and to awaken her out of her slumbering fits yet surely the storm will not continue long A Dispute against the English-Popish Ceremonies Be not deceiv'd to think that they who so eagerly press this Course of Conformity have any such end as Gods Glory or the Good of his Church and Profit of Religion P. 9. Let not the Pretence of Peace and Unity cool your fervour or make you spare to oppose your selves unto those Idle and Idolized Ceremonies against which we dispute P. 11. Instances of Pamphlets containing Treasonous and Seditious POSITIONS VI. The Three Estates are Co-ordinate and the King one of the Three Estates Baxters Holy Common-Wealth The Soveraignty here among us is in King Lords and Commons P. 72. Parliament-Physick for a Sin-sick Nation The Government of England is a Mixt Monarchy and Govern'd by the Major part of the Three Estates Assembled in Parliament Ahabs Fall with a Post-script to Dr. Fern. The Houses are not only Requisite to the Acting of the Power of making Lawes but Co-ordinate with his Maiestie in the very Power of Acting VII The Soveraignty is in the Two Houses in Case of Necessity The Peoples Cause stated in the Pretended Tryal of Sir Henry Vane The Delegates of the People in the House of Commons and the Commissioners on the Kings Behalf in the House of Peers concurring do very far bind the King if not wholly And when These cannot Agree but break one from another the Commons in Parliament Assembled are ex Officio ☞ the Keepers of the Libertys of the Nation and Righteous Possessors and Defenders of it against all Usurpers and Usurpations whatsoever Observations upon his Majesties Answers c. Parliaments may Judg of Publique Necessity without the King if Deserted by the King and are to be accompted by Virtue of Representation as the whole Body of the State Right and Might well met Whensoever a King or other Superiour Authority creates an Inferiour they Invest it with a Legitimacy of Magistratical Power to punish Themselves also in Case they prove Evill-Doers VIII The Power of the King is but Fiduciary and the Duty of the Subjects but Conditional Ius Populi Princes Derive their Power and Prerogative from the People and have their Investitures meerly for the Peoples Benefit Vindiciae contra Tyrannos If the Prince fail in his Promise the People are Exempt from their Obedience the Contract is made Voyd and the Right of Obligation is of no Force It is therefore permitted to the Officers of a Kingdome either All or some good Number of them to suppress a Tyrant The Tenure of Kings and Magistrates Proving that it is Lawful for any who have the Power to call to Account a Tyrant or wicked King and after due Conviction to depose and put him to Death if the ordinary Magistrate have Neglected or Deny'd to doe it IX The King is Singulis Major Universis Minor A Declaration of the Lords and Commons touching the Four Bills It is the Kings Duty to pass all such Lawes as Both Houses shall Judg good for the Kingdom Upon a supposition that they are good which by them are Judg'd such De Monarchiâ Absolutâ Detrahere Indigno Magistratum etsi Privati non debeant Populus tamen Universus quin possit nemo opinor dubitabit P. 9. Thorps Charge to the Grand-Iury at York March 20. 1648. Kings are Accountable to the People I do not mean to the Diffused humours and fancyes of particular men in their single and natural Capacities but to the People in their Politique Constitution lawfully Assembled by their Representative P. 3. 1649. X. The Kings Person may be Resisted but not His Authority Lex Rex He that Resisteth the King commanding in the Lord Resisteth the Ordinance of God But he who Resisteth the King Commanding that which is against God Resisteth no Ordinance of God but an Ordinance of Sin and Sathan P. 267. XI The King has no Power to Impose in Ecclesiastical Affairs The Great Question I hold it utterly Unlawful for any Christian Magistrate to Impose the Use of Surplices in Preaching Kneeling at the Sacrament Set-Forms of Prayer c. When once Humane Inventions become Impositions and lay a Necessity upon that which God hath left Free then may we lawfully Reject them as Plants of Mans setting and not of Gods owning XII The Parliament of November 3d. 1640. is not yet Dissolv'd The Peoples Cause Stated in the Pretended Tryall of Sir Henry Vane How and when the Dissolution of the Long-Parliament according to Law hath been made is yet Unascertain'd and not particularly Declar'd by reason whereof and by what hath been before shew'd the state of the Case on the Subjects part is much altered as to the Matter of Right and the Usurpation is now on the other hand ☞ XIII The Warre Rais'd in 1642. in the Name of King and Parliament was Lawful Baxters Holy Common-Wealth I cannot see that I was mistaken in the main Cause nor dare I repent of it nor forbear the same if it were to do again in the same State of things And my Judgment tells me that if I should do otherwise I should be Guilty of Treason or Disloyalty against the Soveraign Power of the Land and of Perfidiousness to the Common-Wealth The Form and Order of the Coronation of Charles the Second A King abusing his Power to the overthrow of Religion Lawes and Liberties may be Controll'd and Oppos'd This may serve to Justifie the Proceedings of this Kingdome against the Late King who in an Hostile way set himself to overthrow Religion Parliaments Lawes and Liberties XIV The Covenant is
such Receipt they give notice to that they have such Quantityes of Books in their Custody and to whom they belong They hold Intelligence Abroad by the means of Posts Carryers Hackny-Coachmen Boatmen and Marriners and for fear of Interceptions they Correspond by False Names and Private Tokens so that if a Letter or Pacquet miscarry people may not know what to make on 't As for the Purpose so many Dozen of Gloves stands for so many Dozen of Books Such a Marque for such a Price c. They enter in their Day-Books only in General terms such and such Parcells of Books without naming Particulars 1. Let every Stationer living in or about London be oblig'd to keep a Day-Book of the Particulars of all the Unlicens'd Books and Papers which he sends causes or allowes to be sent by any of the Messengers above-mentioned into any parts of his Majestyes Dominions and let him Enter the Names likewise of the Persons to whom he sends them under a Penalty if either he be prov'd to have kept a False Book or to have Corresponded under a False Name and let every Stationer elsewhere i. e. within the Kingdom of England and Dominion of Wales be oblig'd to keep a Day-Book likewise of what Unlicens'd Books and Papers he Receives and from whom upon the like Penalty 2. Let no Stationer presume to send cause or allow to be sent either by Land or Water any Dry-Fatts Bales Packs Maunds or other Fardells or Packquets of Printed Books or Papers without superscribing them in such sort that they may be known to be Books together with the Names of the Persons from whom they are sent and to whom they are Directed Under peyn of Forfeiting all Parcels of Books that are not so superscrib'd or otherwise that are advertis'd under False Names 3. Let every Hackny-Coach-man Carrier Boatman or Mariner that knowingly Transgresses in the Private Conveighance of such Letters or Packquets as aforesaid be subjected to a Particular Penalty Concerning Books Imported They must be First Prepar'd beyond the 〈◊〉 Secondly conveighed hither and Thirdly Received and Distributed here Let the English Printer Vender or Utterer of any Books written in the English Tongue or by an English man in any Other Tongue and Printed beyond the Seas to the dishonour of his Majestie or of the Establish'd Government be required to appear from beyond the Seas by a Certain Day and under such a Penalty which if he Refuse or wilfully fayl to do Let it be made Penall for any Person Living within his Majestys Dominions after sufficient Notice of his such Contempt to hold any further Correspondence with him Either by Message Letter or otherwise till he hath given satisfaction for his Offence Let a General Penalty be layd upon the Importers of any English Books whatsoever Printed beyond the Seas And so likewise upon the Contracters for the Receivers Concealers and Dispersers of any Books whatsoever Imported into This Realm and Disposed of without due Authority It rests now to be Consider'd First What Books are to be supprest and Secondly Into what hands the Care of the Press is to be Committed The Books to be supprest are as follows FIrst All Printed Papers pressing the Murther of the late King Secondly All Printed Iustifications of that Execrable Act. Thirdly All Treatises Denying His Majesties Title to the Crown of England Fourthly All Libels against the Person of His Sacred Majesty His Blessed Father or the Royal Family Fifthly All Discourses manifestly tending to stirr up the People against the Establish'd Government Sixthly All Positions Terminating in This Treasonous Conclusion that His Majesty may be Arraign'd Iudg'd and Executed by his People such as are These Following Coordination The Sovereignty of the Two Houses or of the House of Commons or of the Diffusive Body of the People in Case of Necessity The Iustification of the Warr Rais'd in 1642. in the Name of King and Parliament The Defence of the Legality and Obligation of the Covenant The Separation of the Kings Person from His Authority The Denyal of His Majesties Power in Ecclesiastical Affairs The Mainteyning that the Long-Parliament is not yet Dissolv'd If it be objected that This Looks too farr Back It may be Answer'd that Persons are Pardon'd but not Books But to more Particular Reasons for the Suppressing of Old Pamphlets First It is with Reverence a Duty both from his Sacred Majesty and his Parliament to the Honour and Memory of the Late King to deliver the Reputation of That Blessed Martyr from the Diabolical Calumnies and Forgeries which are yet Extant against his Person and Government Secondly It is as much a Duty toward our Present Sovereign of whose Royal Family and Person as much Ill is said and Publish'd as is possible for the Wit of Man to Utter or for the Malice of Hell to Invent. Thirdly In Relation to Political Ends and to the security of the Publique they ought to be supprest for they do not only Revile and Slander his Majesties Royal Person but many of them Disclaim his very Title to the Crown and Others Subject his Prerogative and Consequently his Sacred Life to the Sovereign Power of the People and this is done too with all the Advantages of a Pestilent and Artificial Imposture Now why a Pamphlet should be Allow'd to Proclaim This Treason to the World which but whispered in a Corner would certainly bring a Man to the Gallows is not easily Comprehended Fourthly It makes the English Nation cheap in the Eyes of the World to find the Bloud and Virtues of the Late King appear so little to be consider'd beside the Hazardous Consequence of Blasting the Royal Cause and of Discourageing Loyalty to Future Generations by transmitting the whole Party of the Royallists in so many Millions of virulent Libels to Posterity for a prostitute Rabble of Villeins and Traytours Fifthly Those Desperate Libells and Discourses do not only Defame the Government Encourage and Enrich the Faction and Poyson the People but while They are Permitted Those Stationers and Printers that would otherwise be Honest are forced either to play the Knaves for Company or to Break for there 's scarce any other Trading for them but in That Trash Their Customers will be supply'd and if they ask for any of these Treasonous Books they must either Furnish them or Lose their Custom Sixthly The same Reason that prohibits New Pamphlets requires also the Suppressing of Old ones of the same Quality for 't is not the Date that does the Mischief but the Matter and the Number If they be Plausible and Cunning enough to Deceive and then Numerous enough to Spread Buchanan and Knox will do the business as sure as Baxter and Calamy Besides that in some Respects the Old Ones have a great Advantage of the New for being Written in times of Freedom and Menag'd by great Masters of the Popular Stile they speak playner and strike homer to the Capacity and
Binding A Phoenix or the Solemn League and Covenant The breaking of our National Covenant is a Sin in Folio a Sin of a high Nature a greater sin then a sin against a Commandement or against an Ordinance a sin not only of Disobedience but of Perjury a sin of Injustice a spiritual Adultery a sin of Sacriledge a sin of great unkindness P. 158. Two Papers of Proposals The Covenant does undoubtedly Bind us to forbear our own Consent to those Luxuriances of Church-Government which we there Renounced and for which no Divine Institution can be pretended A Short Survey of the Grand Case c. Some say the Terms are Dubious if not false it being indefinitely asserted It is not lawful to take Arms against the King on any Pretence whatsoever Although Our King is and WE HOPE EVER WILL BE so qualified that in reference to Him it MAY be true yet it is not Impossible for a King Regis Personum exuere in a Natural or MORAL Madness or Phrensie to turn Tyrant yea Beast Waiving his Royal Place violently extrajudicially extramagisterially to assault his Subject as Saul did David In this Case men think Nature doth Dictate it and Scripture doth justifie a Man se defendendo vim vi repellere to take Arms though by rallying the Men of Belial not to Restst yet to Restreyn the King and those who are Commissioned by him until they make good their Retreat and more safely run out of his reach To some it foundeth harsh to declare it a Trayterous Position to take Arms by the Kings Authority against the Kings Person or those Commissioned by him for if some Russians should which God defend seize the Person of a King he is a Man from whom Commissions may be by fear extorted whereby true Loyalty must be on their side and Treason on the part of the Kings Council Kindred and Ministers of State if Arming against his Person by his Authority though on such a Pretence The Convincing Demonstration that there lyes no Obligation on me nor any other Person from the Oath commonly called the Solemn League and Covenant is a Knot cut by the Sword of Authority whilst it cannot be loosed by Religious Reason We are Expectants of God's avengement of the Covenant now it hath been taken We do not cannot will not Declare the Covenant doth not oblige me or any other person to endeavour our alteration of the Government in the Church I could add More and Worse to the Instances already given but these shall suffice for a Taste The Question is now By whom the Government and Oversight of the Press is to be undertaken and the Contest lyes at present betwixt the Booksellers and Printers which although Concorporate by an Ancient Grant are in this point become Competitors and since they have divided Themselves they shall be here likewise distinctly considered The Stationers are not to be entrusted with the care of the Press for These following Reasons First They are both Parties and Iudges for diverse of them have brought up Servants to the Mystery of Printing which they still retein in Dependence Others again are both Printers and Stationers Themselves so that they are Entrusted effectually to search for their own Copies to Destroy their own Interests to Prosecute their own Agents and to Punish Themselves for they are the Principal Authors of those Mischiefs which they pretend now to Redress and the very Persons against whom the Penalties of this Intended Regulation are chiefly Levell'd 2ly It is not Adviseable to Rely upon the Honesty of People if it may be Avoided where That Honesty is to their Loss Especially if they be such as have already given Proof that they prefer their Private Gayn before the Well-fare of the Publique Which has been the Stationer's case throughout our Late Troubles some few Excepted whose Integrity deserves Encouragement 3ly In this Trust they have not only the Temptation of Profit to divert them from their Duty a fair part of their stock lying in Seditious Ware but the Means of Transgressing with great Privacy and Safety for make Them Overseers of the Press and the Printers become totally at their Devotion so that the whole Trade passes through the fingers of their own Creatures which upon the matter concludes rather in a Combination then a Remedy 4ly It seems a little too much to Reward the Abusers of the Press with the Credit of Superintending it upon a Confidence that They that Destroy'd the Last King for their Benefit will now make it their businesse to Preserve This to their Loss 5ly It will cause a great Disappointment of Searches when the Persons most concern'd shall have it in their Power to spoyl all by Notices Partiality or Delay 6ly As the Effectual Regulation of the Press is not at all the Stationers Interest so is it strongly to be suspected that it is as little their Aym for not One Person has been Fin'd and but one Prosecuted as is credibly Affirm'd since the Late Act notwithstanding so much Treason and Sedition Printed and disperst since That time 7ly It is enjoyn'd by the Late Act that no Man shall de Admitted to be a Master-Printer untill They who were at that time Actually Master-Printers shall be by Death or otherwise reduc'd to the Number of Twenty which Provision notwithstanding Several Persons have since that time been suffer'd to set up Masters which gives to understand that the reducing of the Presses to a Limited Number is not altogether the Stationers Purpose The Printers are not to be Entrusted with the Government of the Press First All the Arguments already Objected against the Stationers hold good also against the Printers but not fully so strong That is they are both Partyes and Iudges Self-ended upon Experiment under the Temptation of Profit Offenders as well as the Stationers and in all Abuses of the Presse confederate with them Beside They will have the same Influence upon Searches and they have probably as little Stomack to a Regulation as the other 'T is true the Printers Interest is not so Great as the Stationers for where Hee gets it may be 20 or 25 in the 100 for Printing an Unlawful Book the Other Doubles nay many times Trebles his Mony by selling it Yet neverthelesse the Printer's Benefit lyes at stake too 2dly It were a hard matter to Pick out Twenty Master-Printers who are both Free of the Trade of Ability to Menage it and of Integrity to be Entrusted with it Most of the Honester sort being impoverished by the Late Times the great business of the Press being Engross'd by Oliver's Creatures But They Propose to Undertake the Work upon Condition to be Incorporate That is to be Disengaged from the Company of Stationers and to be made a Society by Themselves It may be Answered that it would be with Them as 't is with Other Incorporate Societies They would be True to the
Publique so far as stands with the Particular Good of the Company But Evidently Their Gain lyes the other way and for a State to Erect a Corporation that shall bring so great a Danger upon the Publique and not one Peny into the Treasury to Ballance the Hazzard were a Proceeding not ordinary But they Offer to give Security and to be Lyable to Fines Let That be done Whether they be Incorporate or no. In case of Failer they 'll be content to lose their Priviledges What signifies That but only a Stronger Obligation to a Closer Confederacy 'T is True The Printers in a Distinct and Regulated Society may do some good as to the General Business of Printing and within the Sphere of that Particular Profession but the Question is Here how to Prevent a Publique Mischief not how to Promote a Private Trade But are not Printers the fittest Instruments in Searches They are without Dispute Necessary Assistants either for Retriving Conceal'd Pamphlets or for Examination of work in the Mettle but whether it be either for the Honour or Safety of the Publique to Place so great a Trust in the Hands of Persons of that Quality and Interest is submitte'd to better Judgments To Conclude both Printers and Stationers under Colour of Offering a Service to the Publique do Effectually but Design One upon another The Printers would beat down the Book-selling Trade by Menaging the Press as Themselves please and by working upon their own Copies The Stationers on the other side They would Subject the Printers to be absolutely Their Slaves which they have Effected in a Large Measure already by so encreasing the Number that the One Half must either play the Knaves or Sterve The Expedient for This must be some way to Disengage the Printers from that Servile and Mercenary Dependence upon the Stationers unto which they are at present subjected The True State of the Business being as follows First The Number of Master-Printers is computed to be about 60. whereas 20. or 24. would Dispatch all the Honest work of the Nation 2dly These Sixty Master-Printers have above 100 Apprentices That is at least 20 more then they ought to have by the Law 3dly There are beside Aliens and those that are Free of other Trades at least 150 Iourny-Men of which Number at least 30. are superfluous to which 30. there will be added about 36. more beside above 50. Supernumerary Apprentices upon the Reduction of the Master-Printers to 24. So that upon the whole Reckoning there will be left a Matter of 60. Iourny-men and 50. Apprentices to Provide for a part of which Charge might very reasonably be laid upon those that either Bound or Took any of the said Number as Apprentices contrary to the Limitation set by Authority These Supernumerary Printers were at first Introduced by the Book-sellers as a sure way to bring them both to their Prices and Purposes for the Number being greater then could honestly Live upon the Trade the Printers were Enforc'd either to Print Treason or Sedition if the Stationer Offered it or to want Lawful Work by which Necessity on the one side and Power on the other the Combination became exceeding Dangerous and so it still Continues but how to Dissolve it whether by barely Dis-incorporating the Company of Stationers and subjecting the Printers to Rules apart and by Themselves or by Making them Two Distinct Companies I do not Meddle This only may be Offer'd that in Case Those Privileges and Benefits should be Granted to both Stationers and Printers which they themselves desire in point of Trade yet in regard that several Interests are Concern'd That of the Kingdom on the one side and only That of the Companies on the other It is but reason that there should be several Super-intending Powers and that the smaller Interest should give place and be Subordinate to the Greater That is The Master and Wardens to Menage the Business of their Respective Trade but withall to be Subjected to some Superior Officer that should over-look them Both on behalf of the Publique As the Powers of Licencing Books are by the Late Act vested in several Persons with regard to the several Subjects Those Books treat of so may there likewise be several Agents Authoris'd and Appointed for the Care of the Press touching These several Particulars under the Name and Title of Surveyors of the Press and every distinct Surveyor to keep himself strictly within the Limits of his own Province As for Example First The Lord Chancellour or Lord Keeper of the Great Seal of England for the time being the Lords Chief Iustices and Lord Chief Baron for the time being or One or More of them are specially Authoris'd to License by Themselves or by their Substitutes all Books concerning the Common Laws of This Kingdom Let there be one Surveigher of the Press Constituted peculiarly for That Subject 2dly All Books of Divinity Physique Philosophy or whatsoever other Science or Art are to be Licens'd by the Lord Archbishop of Conterbury and Lord Bishop of London for the time being or one of them or by their or one of Their Appointments or by either one of the Chancellours or Vice-Chancellours of either of the Universities for the time being Let Three Other Surveighers of the Press be likewise Authorized for These Particulars 3dly All Books concerning Heraldry Titles of Honour and Arms or Concerning the Office of Earl-Marshall are to be Licens'd by the Earl-Marshall for the time being or in case there shall not then be an Earl Marshal by the Three Kings of Arms or any Two of them whereof Garter to be One. This is to be the Subject of Another Surveigher's Care 4thly Books of History Politiques State-Affairs and all other Miscellanies or Treatises nor comprehended under the Powers before-mentioned fall under the Jurisdiction of the Principal Secretaries of State to be Allow'd by Themselves or one of them or by their or one of their Appointments The Care of the Press concerning These Particulars may be another Surveighers Business So that six Persons may do the whole work with good Order and Security Three Substitutes for the Bishops and Chancellours and One a piece for the Rest. A world now touching the Encouragements of these Officers and Then concerning Penalties to be Inflicted upon Offenders and Rewards to be Granted to Enformers The Inward Motive to all Publique and Honourable Actions must be taken for granted to be a Principle of Loyalty and Iustice but the Question is here concerning Outward Encouragements to This Particular Charge There must be Benefit and Power Benefit that a man may Live Honestly upon the Employment and Power for the Credit and Execution of the Trust. The Benefit must arise partly from some Certain and standing Fee and in Part from Accessary and Contingent Advantages which will be but Few and Small in Proportion to the Trouble and Charge of the Employment for there must be First