The Kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted
         Atkyns, Richard, 1615-1677.
      
       
         
           1669
        
      
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             The Kings grant of privilege for sole printing common-lavv-books defended and the legality thereof asserted
             Atkyns, Richard, 1615-1677.
          
           [2], 17 p.
           
             Printed by John Streater,
             London :
             1669.
          
           
             Attributed by Wing to R. Atkyns.
             Reproduction of original in the St. John's College Library, Cambridge University.
          
        
      
    
     
       
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         eng
      
       
         
           Prerogative, Royal.
           Law printing.
        
      
    
     
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           THE
           KINGS
           Grant
           of
           Privilege
           FOR
           SOLE
           PRINTING
           Common-Lavv-Books
           ,
           DEFENDED
           ;
           AND
           THE
           Legality
           thereof
           ASSERTED
           .
        
         
           LONDON
           ,
           Printed
           by
           
             John
             Streater
          
           ,
           1669
           ▪
        
      
    
     
       
         
         
         
           THE
           KINGS
           Grant
           of
           PRIVILEDGE
           FOR
           Sole
           Printing
           Common-Law-Books
           ,
           defended
           ,
           &c.
           
        
         
           THe
           principal
           Exception
           against
           the
           
             Grant
             of
             Priviledge
          
           before
           mentioned
           is
           the
           slander
           of
           a
           Monopoly
           ;
           And
           the
           principall
           Foundation
           on
           which
           it
           stands
           supported
           and
           justified
           is
           the
           
             Kings
             Prerogative
          
           ;
           and
           therefore
           those
           two
           matters
           ,
           
             A
             Monopoly
          
           and
           the
           nature
           thereof
           ;
           and
           the
           
             Kings
             Prerogative
          
           and
           the
           Extent
           thereof
           are
           necessarily
           to
           be
           first
           considered
           .
        
         
           I
           consider
           a
           Monopoly
           as
           it
           is
           (
           or
           was
           )
           at
           the
           Common
           Law
           before
           the
           
             Stat.
             21
             Jac.
          
           the
           matter
           in
           question
           being
           of
           a
           Grant
           made
           before
           that
           Statute
           ;
           and
           the
           thing
           granted
           Excepted
           out
           of
           that
           Statute
           .
        
         
           'T
           is
           true
           ,
           A
           Monopoly
           is
           (
           as
           many
           other
           ungrateful
           terms
           are
           )
           taken
           primarily
           and
           generally
           in
           the
           worst
           sence
           ,
           to
           signifie
           something
           unlawful
           ,
           against
           the
           Freedome
           of
           Trade
           ,
           the
           Liberty
           of
           the
           Subject
           ,
           &c.
           
           And
           the
           word
           is
           thereupon
           also
           forced
           and
           extended
           (
           beyond
           its
           literal
           signification
           )
           to
           comprehend
           every
           sole
           dealing
           or
           exercising
           of
           
           that
           which
           others
           are
           restrained
           to
           use
           .
           And
           to
           be
           termed
           a
           Monopoly
           ,
           is
           at
           this
           day
           an
           imputation
           ,
           as
           if
           the
           unlawfulness
           thereof
           were
           necessarily
           to
           be
           presumed
           and
           implyed
           .
           Whereas
           it
           is
           most
           clear
           ,
           That
           
             All
             Monopolies
             are
             not
             against
             Law
             ,
          
           some
           being
           reasonable
           ,
           useful
           and
           beneficial
           to
           the
           Publick
           ,
           and
           some
           necessary
           ;
           and
           this
           Necessity
           and
           Benefit
           to
           the
           People
           recompenceth
           the
           restraint
           of
           their
           Liberty
           ,
           and
           taketh
           away
           the
           unlawfulness
           thereof
           .
           All
           Patents
           of
           Priviledge
           for
           the
           sole
           usage
           of
           new
           inventions
           are
           Monopolies
           undeniably
           ,
           yet
           is
           it
           necessary
           they
           should
           be
           granted
           for
           the
           encouragement
           of
           Industry
           and
           Invention
           ;
           The
           communicating
           whereof
           to
           publick
           use
           ,
           is
           a
           publick
           and
           general
           benefit
           ,
           though
           the
           making
           the
           Invention
           should
           be
           perpetually
           appropriated
           to
           the
           Inventor
           .
           All
           or
           most
           of
           the
           Ancient
           Offices
           were
           at
           the
           first
           (
           and
           are
           agréed
           to
           be
           )
           direct
           and
           
             plain
             Monopolies
          
           in
           their
           natures
           ,
           and
           are
           now
           found
           so
           to
           be
           in
           their
           mischievous
           consequence
           to
           the
           generality
           of
           the
           people
           ,
           whose
           charges
           do
           but
           enr●ch
           a
           single
           person
           sometimes
           for
           performing
           that
           which
           is
           needless
           ;
           or
           if
           needful
           ,
           might
           be
           performed
           by
           the
           persons
           concerned
           themselves
           without
           charge
           .
           Nevertheless
           ,
           such
           Offices
           having
           béen
           created
           originally
           upon
           reason
           of
           Use
           and
           Benefit
           to
           the
           Publick
           ,
           for
           encouragement
           of
           Learning
           ,
           Diligence
           or
           Fidelity
           ,
           or
           such
           like
           Motives
           to
           His
           Majesties
           Royal
           Predecessors
           by
           whom
           they
           were
           erected
           ,
           have
           from
           Age
           to
           Age
           béen
           approved
           and
           continued
           as
           they
           now
           are
           ,
           (
           and
           are
           excepted
           by
           name
           with
           this
           Priviledge
           in
           question
           out
           of
           the
           
           aforesaid
           Stat.
           21
           Jac.
           )
           as
           unquestionably
           lawful
           .
        
         
           It
           hath
           been
           said
           ,
           That
           
             Ancient
             Offices
             are
             established
             and
             made
             Lawfull
             by
             Time
             and
             Custome
             ,
             which
             is
             part
             of
             the
             LAW
             .
          
           To
           which
           I
           answer
           ,
           That
           a
           Monopoly
           is
           an
           Evill
           of
           that
           nature
           as
           could
           not
           be
           justified
           by
           Custome
           ,
           or
           by
           length
           of
           Time
           ,
           if
           it
           were
           not
           
             ex
             rationabili
             causa
             usitata
          
           ,
           a
           benefit
           to
           the
           People
           in
           recompence
           of
           the
           restraint
           of
           their
           Freedoms
           :
           For
           't
           is
           the
           reasonableness
           of
           Benefit
           that
           justifies
           the
           thing
           ,
           and
           not
           Time
           or
           Custome
           ;
           
             In
             Consuetudinibus
             consideranda
             est
             soliditas
             rationis
             ,
             non
             diuturnitas
             temporis
             .
          
           In
           like
           manner
           a
           man
           may
           by
           Vsage
           or
           Reservation
           claim
           the
           Sole
           Priviledg
           of
           kéeping
           a
           common
           Mill
           ,
           a
           common
           Bake-house
           or
           Brew-house
           within
           a
           certain
           Precinct
           ;
           For
           this
           may
           have
           commenced
           originally
           
             ex
             rationabili
             causa
          
           ,
           by
           bargain
           or
           agreement
           to
           be
           made
           at
           the
           Owners
           charge
           ,
           and
           for
           the
           Inhabitants
           ease
           and
           benefit
           ,
           which
           is
           a
           recompence
           for
           the
           restraint
           of
           their
           liberty
           of
           using
           the
           like
           .
        
         
           
             2
             E.
             3.
             7.
          
           
           The
           Case
           there
           is
           ,
           That
           the
           King
           had
           granted
           a
           Charter
           of
           Priviledge
           to
           the
           Lord
           or
           Owner
           of
           a
           Haven
           ,
           that
           such
           Ships
           as
           Anchored
           or
           entred
           there
           for
           Harbour
           ,
           should
           unlade
           there
           only
           .
           This
           and
           the
           precedent
           Cases
           are
           plain
           Monopolies
           ;
           yet
           because
           they
           stand
           upon
           equivalent
           benefit
           ,
           and
           the
           Ships
           had
           harbour
           and
           safety
           from
           the
           Lord
           of
           the
           Haven
           ,
           't
           was
           therefore
           allowed
           a
           lawfull
           Charter
           .
        
         
           From
           which
           Cases
           I
           infer
           ,
           That
           before
           the
           Statute
           
           a
           Monopoly
           might
           be
           lawfully
           erected
           ,
           because
           it
           might
           be
           beneficial
           to
           the
           Publick
           ,
           and
           was
           permitted
           in
           special
           Cases
           .
           And
           with
           this
           agréeth
           the
           Learned
           Grotius
           in
           his
           Book
           
             de
             Jure
             Belli
             &
             Pacis
          
           .
           
           
             Monopolia
             non
             omnia
             cum
             jure
             naturae
             pugnant
             ,
             nam
             possunt
             interdum
             à
             summa
             potestate
             permitti
             justa
             de
             causa
             ,
             &c.
             
          
           And
           he
           instances
           the
           practice
           and
           permission
           thereof
           in
           the
           Roman
           State
           ,
           (
           the
           pattern
           of
           Governments
           )
           and
           the
           Holy
           Story
           of
           Joseph
           touching
           this
           matter
           .
           A
           Monopoly
           is
           then
           unlawful
           ,
           when
           thereby
           the
           People
           are
           restrained
           in
           their
           Lawfull
           Trades
           ,
           or
           in
           the
           exercise
           of
           what
           they
           have
           right
           to
           use
           ,
           without
           general
           benefit
           or
           recompence
           for
           the
           same
           :
           but
           the
           priviledging
           particular
           persons
           to
           exercise
           a
           particular
           Imployment
           which
           others
           never
           did
           use
           ,
           nor
           have
           right
           to
           use
           ,
           and
           the
           generall
           use
           whereof
           would
           be
           dangerous
           ,
           and
           the
           Restraint
           of
           the
           use
           safe
           for
           the
           Publick
           ,
           cannot
           be
           unlawful
           ;
           for
           the
           reason
           of
           that
           unlawfulness
           fails
           ,
           
             cessante
             ratione
             Legis
             cessat
             Lex
          
           .
        
         
           Now
           for
           the
           Prerogative
           (
           which
           is
           a
           copious
           subject
           )
           I
           shall
           only
           mention
           so
           much
           touching
           the
           same
           ,
           as
           I
           conceive
           most
           proper
           to
           the
           matter
           in
           hand
           .
           The
           King
           hath
           Prerogatives
           of
           severall
           natures
           ,
           and
           grounded
           upon
           severall
           Reasons
           ;
           Some
           in
           respect
           of
           his
           own
           Royal
           Estate
           and
           Person
           ;
           Others
           in
           respect
           of
           His
           Office
           and
           Magistracy
           ,
           for
           the
           better
           Government
           of
           his
           People
           :
           For
           the
           King
           as
           Supream
           Magistrate
           hath
           a
           general
           Trust
           and
           Care
           of
           the
           Peoples
           safety
           ,
           to
           prevent
           ,
           as
           well
           as
           to
           deliver
           from
           publick
           Evils
           .
           
           
             Rex
             &c.
             ratione
             dignitatis
             Regiae
             ad
             providendum
             salvation●m
             
             Regni
             circumquaque
             est
             astrictus
             .
          
           Now
           Providentia
           is
           (
           properly
           )
           futurorum
           ;
           whereby
           the
           King
           is
           to
           use
           all
           means
           to
           foresée
           and
           prevent
           mischiefs
           within
           his
           Kingdom
           .
           For
           this
           purpose
           ,
           and
           for
           the
           enabling
           him
           to
           perform
           this
           Office
           and
           Trust
           ,
           he
           is
           by
           Law
           endowed
           with
           several
           transcendent
           Prerogatives
           ,
           some
           known
           ,
           and
           some
           
             unlimited
             and
             unknown
          
           which
           are
           
             jura
             summi
             Magistratus
          
           ,
           as
           great
           for
           weight
           ,
           and
           as
           infinite
           for
           number
           as
           the
           contingencies
           may
           be
           wherewith
           the
           Peoples
           safety
           may
           be
           affected
           .
        
         
           The
           Extent
           of
           the
           Kings
           Prerogatives
           ,
           such
           as
           concern
           their
           own
           personal
           rights
           ,
           or
           the
           rights
           of
           their
           Estate
           ,
           are
           sometimes
           disputed
           ,
           and
           have
           sometimes
           béen
           limited
           and
           restrained
           by
           their
           own
           consents
           in
           Parliament
           .
           But
           those
           touching
           the
           preservation
           of
           the
           publick
           have
           never
           been
           limited
           ,
           nor
           ought
           to
           be
           disputed
           or
           lesned
           ;
           and
           if
           so
           ,
           the
           intended
           limitations
           and
           restraints
           thereof
           have
           been
           adjudged
           void
           because
           these
           Prerogatives
           are
           inseparable
           from
           the
           Crown
           .
        
         
           Hence
           it
           is
           ,
           The
           King
           can
           dispence
           with
           Laws
           ,
           can
           pardon
           offences
           ,
           can
           licence
           matters
           prohibited
           ,
           can
           prohibit
           matters
           tolerated
           ,
           and
           can
           priviledge
           ,
           restrain
           ,
           or
           qualifie
           new
           accidents
           ,
           as
           he
           in
           Wisdome
           and
           Deliberation
           shall
           judge
           expedient
           and
           best
           for
           the
           Publick
           good
           .
           
           Which
           Iudgment
           and
           Deliberation
           is
           
             peculiar
             and
             proper
             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
           a
           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
           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
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A26137-e70
           
             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.