r^rmcss T-r n DECREE OF STAR CHAMBER. One hundred and fifty copies printed from type, in the month of December, 1884, of which this is Number 1 ^ t: Digitized by the Internet Archive in 2007 with funding from Microsoft Corporation http://www.archive.org/details/decreeofstarchamOOenglrich DECREE OF STAR CHAMBER CONCERNING PRINTING. MADE JULY II, 1637. REPRINTED BY THE GROLIER CLUB, FROM THE FIRST EDITION BY ROBERT BARKER, 1 637. PREFACE O the unprofessional reader, statute law is especially un- interesting. An explanation seems proper before the reprint of an English law which has been obsolete for more than two hundred years. But this decree has an exceptional interest. Although not the first nor the last of arbitrary laws for the regulating of printing, there is probably no other law in the English statute-book which so plainly shows the futility of med- dlesome legislation. The censorship of printing is almost as old as the invention of typography. Be- ginning T^reface. ginning in i486 with the mandate of the Archbishop of Mentz, who made fine and excommunication the penalties of unli- censed printing, repressive laws with more cruel penalties were soon after enacted by the legislators of every country in which printing was introduced. Although the uprooting of heresy was the object of these laws, it was soon found that the spread of heresy was not the only offense of the early press. Attacks against royal au- thority or patrician privilege were offenses quite as frequent, and even more irritating. But neither in England nor on the Con- tinent were these offenses stopped by severity of punishment. Believing that prevention would be bet- ter than cure, the legislators of England undertook to suppress seditious publica- tions by making it difficult to buy books, or to have writings of any kind printed. It was expected by the framers of this decree, when it had been declared unlaw- ful, without special authorization, to make, buy, or keep types or presses, or to prac- tice the trade of a printer, publisher, or book-seller, or even to print unobjection- able T^reface. able books, that printing would be found too full of risk to the politician or the patriot. Considering the limited number of printers who would be allowed to learn and practice the trade, it was believed that the fear of severe punishment on one side, and the hope of getting by favor lucrative patents or monopolies in printing on the other, would compel all printers to a careful observance of the laws. From the thorough manner in which every loop-hole of evasion or escape is stopped up, this decree seems to have been modeled after a Spanish decree of 1550, which had been re-enforced by order of that great hunter of heresy, Philip II. of Spain. Compared with that, the Eng- lish law is merciful. There are no penal- ties of burning alive or burying alive — no threats of torture or of maiming. The de- cree of the Star Chamber is an acknowl- edgment of a marked change in the temper of the English people. Excommunication had lost its terrors. It was not a humani- tarian age, but even the legislators felt that there had been enough of burning alive during the reign of Mary. There were T^reface. were members of the Star Chamber who beHeved in the efficacy of torture, but they did not think it wise to specify torture as a penalty. Public whipping and the pillory were the severest corporal penalties that they dared name. The right to inflict more was veiled under the phrase, *' and such other punishment as by this Hon- ourable Court shall be thought fit." The people were not in a mood to be men- aced by cruel punishment. Enough of in- dignation had been shown, in 1579, when Stubbs's right hand had been hacked off, and but a month before the enactment of this decree, when Prynne's ears had been cropped, to serve as a warning to legis- lators against the unwise provoking of a sudden rebellion. The members of the Star Chamber saw this, but they could not wisely read other signs of the times. In the wide- spread popular discontent at laws which abridged the freedom of speech and of printing, the legislators saw only the rash actions of the few brave men who de- nounced the laws. They thought, or affected to think, that these men did not represent one-tenth "Preface. one-tenth of the people. That this belief would have been shaken, or destroyed, if printing had been free, cannot be doubted. If every Englishman could have had lib- erty to speak or print his thoughts, Charles and Laud and Strafford would have had forewarnings which might have saved them from the headsman's axe. Nowhere in history can one find an instance of sadder legislative folly than is shown in this decree. The people of England were boiling with discontent. Instead of try- ing to remove the causes that made the discontent, the ministers of Charles I. preferred to destroy its manifestations. Annoyed by a little hissing of steam, they closed all the valves and outlets, but did not draw or deaden the fires which made the steam. They sat down in peace, grati- fied with their work, just before the ex- plosion which destroyed them and their privileges. In 1641, the Long Parliament brought the head of Strafford to the block, and the Court of Star Chamber was abol- ished ; in 1645, Archbishop Laud was exe- cuted; in 1649, King Charles himself was beheaded. This T^reface. This decree is not of interest merely as a turning-point in the progress of civil liberty. In connection with the notes that follow, it may be read with profit by those who believe in the wisdom of laws that prevent or hinder the educating influences to be had from foreign books or works of art, or the transplanting of foreign ideas or beliefs ; as well as by the trades-unionists who maintain that their trades would be improved and the public benefited by a restriction of workmen and of apprentices. We may rightfully smile at the folly and futility of many of the provisions of this de- cree ; but it will be read to little purpose if it does not provoke the question — Will not the reader of the next century look on many of our meddlesome laws with as much wonder as we look on this decree of the seventeenth century ? DECREE OF Starre-Chamber, CONCERNING Printing, 3\dade the eleuenth day of yuly laji pajl, 1637. 'ffsmi^msism^mssaik'. H Imprinted at London by Robert barker, Printer to the Kings moft Excellent Maieftie : And by the Affignes oi lobn Bill 1637. In Camera Stellata coram Con- cilio ibidem, vndecimo die My, Anno decimo tertio Caroli T^gis. His day Sir I o h n Bankes Knight, His SVlaieJiies At- tourney Generally produced in Court a "Decree drawn and penned by the aduice of the T^ight Honourable the Lord Keeper of the great Scale of England, the mojl T^euerend Father in God the Lord Arch- qA 3 Bifhop qA 'Decree Bifhop of Canterbury his Grace, ifAe T^ight Honorable and T^ight T^euerend Father in God the Lord Bifhop of London Lord high Treafurer of England, the Lord chiefe luftices, and the Lord chiefe Baron, touching the regulating of "Printers and Founders of letters, whereof the Court hauing confederation, the faid Decree was direBed and ordered to be here "Recorded, and to the end the fame may be pub- liquCy and that euery one whom it may concerne may take notice thereof The Court hath now alfo ordered, That the faid De- cree fhall fpeedily be Trinted, and of Starre- Chamber. and that the fame befent to His Maiefties Printer for that pur- pofe. Whereas the three and twentieth day of lune in the eight and tzventieth yere of the reigne of the late Queene Eliza- beth, and before, diners Uecrees and Ordinances haue beene made for the better gouernment and regulating of Printers and Printing, which Orders and P)ecrees haue beene found by experience to be defeH^iue infome particulars ; oAnd diuers abufes haue f thence arifen, and beene praBifedby the craft and malice of wicked and euill difpofed per- fonSy to the preiudice of the pub- J{ 4 like ; qA "Decree of^ &c. like; oAnd diners libellous , fe- ditiouSy and mutinous bookes haue been vnduly printed, and other bookes and papers without licence, to the dijlurbance of the peace of the Church and State : Forpreuention whereof in time to come. It is now Ordered and ^Decreed, That the faid former Decrees and Ordinances fhall fiand in force with thefe Addi- tions, Explanations, and Alter- ations following, viz. Imprimis, In Camera Stellata coram Con- cilio ibidem, vndecimo die lulii, zAnno decimo tertio C A R o L i Regis. Mprimis, That noperfonorper- fons whatfoeuer (hall prefume to print, or caufe to bee printed, either in the parts beyond the Seas, or in this Realme, or other his Ma- iefties Dominions, any feditious, fcifmaticall, or offenfive Bookes B or qA T>ec?ee or Pamphlets, to the fcandall of ReHgion, or the Church, or the Government, or Governours of the Church or State, or Com- monwealth, or of any Corpora- tion, or particular perfon or perfons whatfoeuer, nor fhall Import any fuch Booke or Bookes, nor fell or difpofe of them, or any of them, nor caufe any fuch to be bound, ftitched, or fowed, vpon paine that he or they fo offending, fhall loofe all fuch Bookes & Pamphlets, and alfo haue, and fuffer fuch cor- re6lion, and fevere punifhment, either by Fine, imprifonment, or other corporall punifhment, or of Starre- Chamber. or otherwife, as by this Court, or by His Maiefties Commifsion- ers for caufes Ecclefiafticall in the high Commifsion Court, re- spediuely, as the feverall caufes fhall require, fhall be thought fit to be inflided upon him, or them, for fuch their offence and contempt. II. Item, That no perfon or perfons whatfoeuer, fhall at any time print or caufe to be im- printed, any Booke or Pamphlet whatfoever, vnleffe the fame Booke or Pamphlet, and alfo all and euery the Titles, Epiftles, Prefaces, Proems, Preambles, In- ' B 2 trodu6lions, qA "Decree trodu6lions,Tables, Dedications, and other matters and things whatfoeuer thereunto annexed, or therewith imprinted, fhall be firft lawfully licenced and au- thorized onely by fuch perfon and perfons as are hereafter ex- preffed, and by no other, and fhall be alfo firft entred into the Regifters Booke of the Company of Stationers ; vpon paine that euery Printer offending therein, fhall be for euer hereafter dif- abled to ufe or exercife the Art or Myfterie of Printing, and re- ceiue fuch further punifhment, as by this Court or the high Com- mifsion Court refpediuely, as the of Starre- Chamber. the feverall caufes fhall require, fhall be thought fitting. III. Item, That all Bookes concerning the common Lawes of this Realme fhall be printed by the efpeciall allowance of the Lords chiefe luftices, and the Lord chiefe Baron for the time being, or one or more of them, or by their appointment ; And that all Books of Hiftory, belonging to this State, and prefent times, or any other Booke of State affaires, fhall be licenced by the principall Sec- retaries of State, or one of them, or by their appointment; B 3 And qA T)ecree And that all Bookes concern- ing Heraldry, Titles of Honour and Armes, or otherwife con-, cerning the Office of Earle Marfliall, fhall be licenced by the Earle Marfhall, or by his ap- pointment; And further, that all other Books, whether of Diuinitie, Phificke, Philofophie, Poetry, or whatfoeuer, fhall be allowed by the Lord Arch-Bifh- op of Canterbury, or Bifhop of London for the time being, or by their appointment, or the Chan- cellours, or Vice-Chancellors of either of the Vniuerfities of this Realme for the time being. Alwayes prouided, that the Chan- of Starre-Chamber, Chancellour or Vice-Chancel- lour, of either of the Vniuerfi- ties, fhall Licence onely fuch Booke or Bookes that are to be Printed within the Hmits of the Vniuerfities refpediuely, but not in London, or elfewhere, not medhng either with Bookes of the common Law, or matters of State. IV. Item, That euery perfon and perfons, which by any De- cree of this Court are, or fhall be appointed or authorized to Licence Bookes, or giue War- rant for imprinting thereof, as is aforefaid, fhall haue two feuerall written qA "Decree written Copies of the fame Booke or Bookes with the Ti- tles, Epiftles, Prefaces, Proems, Preambles, Introdu6lions, Ta- bles, Dedications, and other things whatfoeuer thereunto an- nexed. One of which faid Copies fhall be kept in the publike Regiftries of the faid Lord Arch-Bifhop, and Bifhop oi London respediuely, or in the Office of the Chancellour, or Vice-Chancellour of either of the Vniuerfities, or with the Earle Marfhall, or principall Secretaries of State, or with the Lords chiefe luftices, or chiefe Baron, of all fuch Bookes as (hall of Starre- Chamber, fhall be licenfed by them refpec- tiuely, to the end that he or they may be fecure, that the Copy fo Hcenfed by him or them fhall not bee altered without his or their priuitie, and the other fhall remain with him whofe Copy it is, and vpon both the faid Co- pies, he or they that fhall allow the faid Booke, fhall teftifie vn- der his or their hand or hands, that there is nothing in that Booke or Books contained, that is contrary to Chriftian Faith, and the Do6lrine and Difcipline of the Church of England, nor againfl the State or Gouern- ment, nor contrary to good life, C or qA "Decree or good manners, or otherwife, as the nature and fubie6l of the work (hall require, which Hcenfe or approbation fhall be imprint- ed in the beginning of the fame Booke, with the name, or names of him or them that fhall autho- rize or licenfe the fame, for a teftimonie of the allowance thereof V. I^em, That euery Mer- chant of bookes, and perfon and perfons whatfoeuer, which doth, or hereafter (hall buy, import, or bring any booke or bookes into this Realme, from any parts be- yond the Seas, fhall before fuch time of Starre- Chamber. , time as the fame book or books, or any of them be deHuered forth, or out of his, or their hand or hands, or expofed to fale, giue, and prefent a true Cata- logue in writing of all and euery fuch booke and bookes vnto the Lord Arch-BIfhop of Canter- bury, or Lord Bifhop oi London for the time being, vpon paine to haue and fuffer fuch punifh- ment for offending herein, as by this Court, or by the faid high Commifsion Court refpediue- ly, as the feuerall caufes fhall re- quire, fhall be thought fitting. VI. Item, That no Mer- C 2 chant, qA "Decree chant, or other perfon or perfons whatfoeuer, which fhall import, or bring any book or books into the kingdome, from any parts beyond the Seas, fhall prefume to open any Dry-fats, Bales, Packs, Maunds, or other Fardals of books, or wherein books are; nor fhall any Searcher, Way- ter, or other Officer belonging to the Cuftome-houfe, vpon pain of loofmg his or their place or places, fuffer the fame to paffe, or to be deliuered out of their hands or cuftody, before fuch time as the Lord Arch-Bi- fhop of Canterbury, or Lord Bi- fhop of London^ or one of them for of Starve- Chamber. for the time being, haue appoin- ted one of their Chaplains, or fome other learned man, with the Mafter and Wardens of the Company of Stationers, or one of them, and fuch others as they fhall call to their afsiftance, to be prefent at the opening thereof, and to view the fame : And if there fhall happen to be found any feditious, fchifmaticall, or of- fenfiue booke or bookes, they fhall forthwith be brought vnto the faid Lord Arch-bifhop of Canterbury, Lord Bifhop oi Lon- don for the time being, or one of them, or to the High Commifsi- on Office, to the end that as well C 3 the qA T)ecree the offender or offendors may be punillied by the Court of Star Chamber, or the high Com- mifsion Court respe6liuely, as the feuerall caufes fhall require, according to his or their deme- rit ; as alfo that fuch further courfe and order may be taken concerning the fame booke or bookes, as fhall bee thought fitting. VI I. Item, That no perfon or perfons fhall within this Kingdome, or elfewhere im- print, or caufe to be imprinted, nor fhall import or bring in, or caufe to be imported or brought into of Starre- Chamber. into this Kingdome, from, or out of any other His Maieffies Do- minions, nor from other, or any parts beyond the Seas, any Co- py, book or books, or part of any booke or bookes, printed be- yond the feas, or elfwhere, which the faid Company of Stationers, or any other perfon or perfons haue, or fhall by any Letters Pa- tents, Order, or Entrance in their Regifter book, or otherwife, haue the right, priuiledge, au- thoritie, or allowance foly to print, nor fhall bind, ftitch, or put to fale, any fuch booke or bookes, vpon paine of loffe and forfeiture of all the faid bookes, and (v^ T)ecree and of fuch Fine, or other pu- nifhment, for euery booke or part of a booke fo imprinted or imported, bound, ftitched, or put to fale, to be leuyed of the party fo offending, as by the power of this Court, or the high Com- mifsion Court refpedliuely, as the feverall caufes fhall require, fhall be thought fit. VIII. Item, Euery perfon and perfons that fhall hereafter Print, or caufe to be Printed, any Bookes, Ballads, Charts, Por- traiture, or any other thing or things whatfoeuer, fhall there- unto or theron Print and fet his and their owne name or names, as of Starre- Chamber. as alfo the name or names of the Author or Authors, Maker or Makers of the fame, and by, or for whom any fuch booke, or o- ther thing is, or fhall be printed, vpon pain of forfiture of all fuch Books, Ballads, Chartes, Portrai- tures, and other thing or things, printed contrary to this Article ; And the preffes. Letters and o- ther inftruments for Printing, wherewith fuch Books, ballads, Chartes, Portraitures, and other thing or things fhall be printed, to be defaced and made vnfer- uiceable, and the party and par- ties fo offending, to be fined, im- prifoned, and haue fuch other D cor- qA T)ecree corporall punifliment, or other- wife, as by this Honourable Court, or the faid high Com- mifsion refpedtiuely, as the feue- rall caufes fhall require, fhall be thought fit IX. Item, That no per- fon or perfons whatfoeuer, fhall hereafter print, or caufe to be printed, or fhall forge, put, or counterfeit, in, or vpon any booke or books, the name, title, marke or vinnet of the Com- pany or Society of Stationers, or of any particular perfon or perfons, which hath or fhall haue lawfull priuiledge, autho- ritie, of Starre- Chamber. ritie, or allowance to print the fame, without the confent of the faid Company, or party or par- ties that are or fhall be fo priui- ledged, authorized, or allowed to print the fame booke or books, thing or things, firft had and obtained, vpon paine that euery perfon or perfons fo of- fending, fhall not onely loofe all fuch books and other things, but fhall alfo haue, and fuffer fuch punifhment, by imprifon- ment of his body, fine, or other- wife, as by this Honourable Court, or high Commifsion Court refpe6liuely, as the feue- rall caufes fhall require, it fhall D2 be qA Decree be to him or them Hmited or adiudged. X. IteMy that noHaberdaflier of fmall wares, Ironmonger, Chandler, Shop-keeper, or any other perfon or perfons whatfo- euer, not hauing beene feuen yeeres apprentice to the trade of a Book-feller, Printer, or Book- binder, fhall within the citie or fuburbs of London, or in any other Corporation, Market- towne, or elfwhere, receive, take or buy, to barter, fell againe, change or do away any Bibles, Teftaments, Pfalm-books, Pri- mers, Abcees, Almanackes, or other of Starre-Chamber. other booke or books whatfoe- uer, vpon pain of forfeiture of all fuch books fo receiued, bought or taken as aforefaid, and fuch other punifhment of the parties fo offending, as by this Court, or the faid high Commifsion Court refpedliuely, as the feve- rall caufes fhall require, fhall be thought meet. XL Item, for that Printing is, and for many yeers hath been an Art and manufacture of this kingdome, for the better incou- raging of Printers in their ho- neft, and iuft endeauours in their profefsion, and preuention D3 of qA T>ecree of diuers libels, pamphlets, and feditious books printed beyond the feas in Englifh, and thence tranfported hither; It is further Ordered and Decreed, that no Merchant, Bookfeller, or other perfon or perfons whatfoeuer, fhall im- print, or caufe to be imprinted, in the parts beyond the feas, or elfwhere, nor fhall import or bring; nor wilHngly afsift or confent to the importation or bringing from beyond the feas into this Realme, any Englifh bookes, or part of bookes, or bookes whatfoeuer, which are or of Starre- Chamber, or fhall be, or the greater, or more part whereof is or fhall be Englifh, or of the Englifh tongue, whether the fame book or bookes haue been here for- merly printed, or not, vpon pain of the forfeiture of all fuch Eng- lifh bookes fo imprinted or im- ported, and fuch further cen- fure and punifhment, as by this Court, or the faid high Com- mifsion Court refpedliuely, as the feuerall caufes fhall require, (hall be thought meet. XII. Item, That no ftranger or forreigner whatfoeuer, be fuf- fered to bring in, or vent here, any booke or bookes printed D4 be- qA ^Decree beyond the feas, in any lan- guage whatfoeuer, either by themfelues, or their fecret Fa- (flors, except fuch onely as bee free Stationers of London, and fuch as haue beene brought vp in that profefsion, and haue their whole meanes of fubfiftance, and liuelihood depending thereup- on, vpon paine of confifcation of all fuch Books fo imported, and fuch further penalties, as by this Court, or the high Commifsion Court refpe6tiuely, as the feue- rall caufes fhall require, fhall be thought fit to be impofed. XIII. Item, That no perfon or of Starre- Chamber, or perfons within the Citie of London, or the hberties thereof, or elfewhere, fhall ere6l or caufe to be eredled any Preffe or Print- ing-houfe, nor fhall demife, or let, or fuffer to be held or vfed, a- ny houfe, vault, feller, or other roome whatfoeuer, to, or by any perfon or perfons, for a Printing- houfe, or place to print in, vnleffe he or they which fhall fo demife or let the fame, or fuffer the fame to be fo vfed, fhall firft giue no- tice to the faid M after and War- dens of the Company of Statio- ners for the time being, of fuch demife, or fuffering to worke or print there, vpon paine of impri- E fonment, dA T)ecree fonment, and fuch other punifh- ment, as by this Court, or the faid high Commifsion Court refpe6liuely, as the feuerall Caufes fhall require, fhall bee thought fit. XIV. IteMy That no loyner, or Carpenter, or other perfon, fhall make any printing-Preffe, no Smith fhall forge any Iron- worke for a printing- Preffe, and no Founder fhall caft any Let- ters for any perfon or perfons whatfoeuer, neither fhall any perfon or perfons bring, or caufe to be brought in from any parts beyond the Seas, any Letters Founded of Starre- Chamber, Founded or Caft, nor buy any fuch Letters for Printing ; Vn- leffe he or they refpedliuely fhall firft acquaint the faid Mafter and Wardens, or fome of them, for whom the fame Preffe, Iron- works, or Letters, are to be made, forged, or caft, vpon paine of fuch fine and punifhment, as this Court, or the high Commifsi- on Court refpe6liuely, as the fe- uerall caufes fliall require, fhall thinke fit. XV. Item, The Court doth declare, that as formerly, fo now, there fhall be but Twentie Ma- fter Printers allowed to haue the E 2 vfe qA "Decree vfe of one Preffe or more, as is after fpecified, and doth hereby nominate, allow, and admit thefe perfons whofe names hereafter follow, to the number of Twen- tie, to haue the vfe of a Preffe, or Preffes and Printing-houfe, for the time being, vz^. Felix King- Jlone, oAdam I/lip, Thomas "Pur- foot.MilesFleJher, Thomas Har- per, yohn TBeale, yohii Legat, T^obert Young, yohn Haviland, GeorgeSVliller, T^ichard'^adger, Thomas Cotes, "Sernard oAl/op, Richard Bijhop, Edward Griffin, Thomas Pur/low, Richard Hod- gJkin/onne,y ohn Daw/on, yohn T^aworth, Marmaduke Tar/ons. And of Starre- Chamber. And further, the Court doth order and decree, That it (hall be lawfull for the Lord Arch- Bifhop of Canterbury, or the Lord Bifhop of London, for the time being, taking to him or them fix other high Commifsio- ners, to fupply the place or places of thofe, which are now already Printers by this Court, as they fhall fall void by death, or Cen- fure, or otherwife : Prouided that they exceed not the num- ber of Twentie, befides His Maiefties Printers, and the Printers allowed for the Vni- uerfities. E 3 XVI. Item, qA ^Decree XVI. Item, That euery per- fon or perfons, now allowed or admitted to haue the vfe of a Preffe, and Printing-houfe, fhall within Ten dayes after the date hereof, become bound with fure- ties to His Maieftie in the high Commifsion Court, in the fum of three hundred pounds, not to print, or fuffer to be printed in his houfe or Preffe, any booke, or bookes whatfoeuer, but fuch as fhall from time to time be law- fully licenfed, and that the like Bond fhall be entred into by all, and euery perfon and perfons, that hereafter fhall be admitted, or allowed to print, before he or they of Starre- Chamber, they be fuffered to haue the vfe of a Preffe. XVII. //^;;^,That no allowed Printer fhall keepe aboue two Preffes, vnleffe he hath been Mafter or vpper Warden of his Company, who are thereby al- lowed to keep three Preffes and no more, vnder paine of being difabled for euer after to keepe or vfe any Preffe at all, vnleffe for fome great and fpeciall occa- fion for the publique, he or they haue for a time leaue of the Lord Arch-Bifhop of Canterbury, or Lord Bifhop of London for the time being, to haue or vfe one, or E 4 more qA T>ecree more aboue the forefaid num- ber, as their Lordfhips, or either of them fhall thinke fit. And whereas there are fome Mafter Printers that haue at this prefent one, or more Preffes allowed them by this Decree, the Court doth further order and declare. That the Mafter and War- dens of the Company of Statio- ners, doe foorthwith certifie the Lord Arch-Bifhop of Canter- bury, or the Lord Bifhop of London, what number of Preffes each Mafter Printer hath, that their Lordfhips or either of them, taking vnto them fix other high Commifsioners, may take fuch of Starre- Chamber. fuch prefent order for the fup- prefsing of the fupernumerarie Preffes, as to their Lordfhips, or to either of them fhall feem beft. XVI I L Item, That no per- fon or perfons, do hereafter re- print, or caufe to bee reprinted, any booke or bookes whatfoe- uer (though formerly printed with Hcence) without being re- uiewed, and a new Licence ob- tained for the reprinting thereof. Alwayes prouided, that the Sta- tioner or Printer bee put to no other charge hereby, but the bringing and leaning of two printed copies of the book to be F printed, aA "Decree printed, as is before expreffed of written Copies, with all fuch ad- ditions as the Author hath made. XIX. I^em, The Court doth declare, as formerly, so now, That no Apprentices be taken into any printing-houfe, other- wife then according to this pro- portion following, (vz^.) euery Mafter- Printer that is, or hath beene Mafter or vpper War- den of his Company, may haue three Apprentices at one time and no more, and euery Mafter- printer that is of the Liuerie of his Company, may haue two Apprentices at one time and no more. of Starre- Chamber. more, and euery Mafter-prin- ter of the Yeomanry of the Company may haue one Ap- prentice at one time and no more, neither by Copartner- fhip, binding at the Scriueners, nor any other way whatfoeuer ; neither fhall it be lawfull for any M after- Printer when any Ap- prentice or Apprentices, fhall run or be put away, to take an- other Apprentice, or other Ap- prentices in his or their place or places, vnleffe the name or names of him or them fo gone away, be raced out of the Hall-booke, and never admitted again, vpon paine of being for euer difabled F 2 of dA ^Decree of the vfe of a Preffe or printing- houfe, and of fuch further pu- nifhment, as by this Court, or the high Commifsion Court re- fpe6liuely, as the feuerall caufes fhall require, fhall be thought fit to be impofed. XX. Item^\vt Court doth hke- wife declare, that becaufe a great part of the fecret printing in cor- ners hath been caufed for want of orderly imployment for lour- neymen printers. Therefore the Court doth hereby require the Mafter and Wardens of the Company of Stationers, to take efpeciall care that all lourney- men of Starre- Chamber. men-printers, who are free of the Company of Stationers, fhall be fet to worke, and imployed within their owne Company of Stationers ; for which purpofe the Court doth alfo order and declare, that if any I ourney man- Printer, and free of the Com- pany of Stationers, who is of honeft, and good behauiour, and able in his trade, do want im- ployment, he fhall repaire to the Mafter and Wardens of the Companie of Stationers, and they or one of them, taking with him or them one or two of the Mafter Printers, fhall go along with the faid lourney- F 3 man qA TDecree man-Printer, and fliall offer his feruice in the firft place to the M after- Printer vnder whom he ferued his Apprentifhip, if he be Huing, and do continue an allowed Printer, or otherwife to any other Mafter Printer, whom the Mafter and War- dens of the faid Company fhall thinke fit. And euery Mafter Printer lliall bee bound to im- ploy one Journeyman, being fo offered to him, and more, if need fhall fo require, and it fhall be fo adiudged to come to his fhare, according to the proportion of his Apprentices and imploy- ments, by the Mafter and War- of Starre- Chamber. Wardens of the Company of Stationers, although he the faid Mafter Printer with his Ap- prentice or Apprentices be able without the helpe of the faid lourneyman or lourneymen to difcharge his owne worke, vpon paine of fuch punifhment, as by this Court, or the high Com- mifsion Court refpe6tiuely, as the feuerall caufes fhall require, fhall be thought fit. XXL Item, The Court doth declare. That if the Mafter and Wardens of the Companie of Stationers, or any of them, fhall refufe or negle6l to go along F 4 with qA "Decree with any honeft and fufficient lourney-man Printer, fo defiring their afsiftance, to finde him im- ployment, vpon complaint and proofe made thereof, he, or they fo offending, fhall fuffer impri- fonment, and fuch other punifh- ment, as by this court, or the high Commifsion Court refpe6liuely, as the feuerall caufes fhall re- quire, fhall bee thought fit to bee impofed. But in cafe any Mafter Printer hath more im- ployment then he is able to dif- chargewith helpeof his Appren- tice or Apprentices, it fhall be lawfull for him to require the helpe of any lourney-man, or lourney- of Starre- Chamber. lourneymen-Printers, who are not imployed, and If the faid lourneyman, or lourneymen- Printers fo required, (hall refufe Imployment, or negle6l It when he or they haue vndertaken It, he, or they Ihall fuffer Imprlfon- ment, and vndergo fuch punllh- ment, as this Court (hall thinke fit. XXI I. Item, The Court doth hereby declare, that it doth not hereby reftraine the Printers of either of the Vniuerfities from taking what number of Apprentices for their feruice in printing there, they themfelues fhall thinke fit. Prouided al- G wayes, qA "Decree wayes, that the faid Printers in the Vniuerfities fhall imploy all their owne lourney-men within themfelues, and not fuffer any of their faid lourney-men to go abroad for imployment to the Printers of London (vnleffe vp- on occafion fome Printers of London defire to imploy fome extraordinary Workman or Workmen amongft them, with- out preiudice to their owne Journeymen, who are Free- men) vpon fuch penalty as the Chancellor of either of the Vniuerfities for the time being, fhall thinke fit to inflid vpon the delinquents herein. XXIII. Ltem^ of Starre- Chamber. XXIII. Item, That no Ma- fter-printer fhall imploy either to worke at the Cafe, or the Preffe, or otherwife about his printing, any other perfon or perfons, then fuch onely as are Free-men, or Apprentices to the Trade or myftery of Print- ing, vnder paine of being difa- bled for euer after to keep or vfe any Preffe or Printing-houfe, and fuch further punifhment as by this court, or the high Com- mifsion Court refpe6i:iuely,as the feuerall caufes fhall require, fhall bee thought fit to bee impofed. XXIV. Item, The Court G 2 doth qA ^Decree doth hereby declare their firme refolution, that if any perfon or perfons, that is not allowed Printer, fhall hereafter prefume to fet vp any Preffe for printing, or lliall worke at any fuch Preffe, or Set, or Compofe any Letters to bee wrought by any fuch Preffe ; he, or they fo offending, fhall from time to time, by the Order of this Court, bee fet in the Pillorie, and Whipt through the Citie oi London, and fuffer fuch other punifhment as this Court fhall Order or thinke fit to inflict vpon them, vpon Complaint or proofe of fuch offence or offen- ces, of Starre-Chamber. ces, or shall be otherwife punish- ed, as the Court of high Com- mifsion fhall thinke fit, and is agreeable to their Commifsion. XXV. Item, That for the better difcouery of printing in Corners without licence ; The M after and Wardens of the Company of Stationers for the time being, or any two licenfed Mafter-Printers, which fhall be appointed by the Lord Arch- Bifhop of Canterbury, or Lord B. oi London for the time being, fhall haue power and authority, to take vnto themfelues fuch af- fiftance as they fhall think need- G 3 full qA TDecree full, and to fearch what houfes and (hops (and at what time they fhall think fit) efpecially Print- ing-houfes, and to view what is in printing, and to call for the li- cence to fee whether it be licen- fed or no, and if not, to feize vpon fo much as is printed, to- gether with the feuerall offend- ers, and to bring them before the Lord Arch-Bifhop of Canterbu- ry, or the Lord Bifhop of Lon- don for the time being, that they or either of them may take fuch further order therein as fhall ap- pertaine to luftice. XXVI. Item, The Court doth of Starre-Chamber, doth declare, that it fhall be law- full alfo for the faid Searchers, if vpon fearch they find any book or bookes, or part of booke or books which they fufpe6l to con- taine matter in it or them, con- trary to the do61rine and difci- pline of the Church oi England, or againfi; the State and Gouern- ment, vpon fuch fufpition to feize upon fuch book or books, or part of booke or books, and to bring it, or them, to the Lord Arch-Bifhop of Canterbury, or the Lord Bifhop of London for the time being, who fhall take fuch further courfe therein, as to their Lordfhips, or either of them fhall feeme fit. G4 XXVII. 7/^;;^, qA T>ecree XXVII. Item, The Court doth order and declare, that there fhall be foure Founders of letters for printing allowed, and no more, and doth hereby nomi- nate, allow, and admit thefe per- fons, whofe names hereafter fol- low, to the number of foure, to be letter-Founders for the time being (viz.) lohn Grifmand, Thomas Wright, oArthur Ni- chols, Alexander Fi/eild. And further, the Court doth Order and Decree, that it fhall be law- full for the Lord Arch-bifhop of Canterbury, or the Lord Bi- fhop of London for the time be- ing, taking unto him or them, fix other of Starre-Chamber. other high Commifsioners, to fupply the place or places of thefe who are now allowed Founders of letters by this Court, as they fhall fall void by death, cenfure, or otherwife. Prouided, that they exceede not the number of foure, fet downe by this Court. And if any perfon or perfons, not being an allowed Founder, fhall not- withftanding take vpon him, or them, to Found, or caft letters for printing, vpon complaint and proofe made of fuch offence, or offences, he, or they fo offend- ing, fhall fufferfuch punifhment, as this Court, or the high Com- H mifsion qA T)ecree \ mifsion court refpediuely, as the feuerall caufes (hall require, fhall think fit to infli6l vpon them. XXVIII. Item, That no Ma- fter- Founder whatfoeuer fhall keepe aboue two Apprentices at one time, neither by Copartner- fhip, binding at the Scriueners, nor any other way whatfoeuer, neither fhall it be lawfull for any Mafter-Founder, when any Ap- prentice, or Apprentices fhall run, or be put away, to take an- other Apprentice, or other Ap- prentices in his, or their place or places,vnleffethename,or names of of Starre- Chamber. of him, or them fo gone away, be rafed out of the Hall-booke of the Company, whereof the Ma- fter- Founder is free, and neuer admitted again, vpon pain of fuch punifhment, as by this Court, or the high Commifsion refpe6liue- ly, as the feuerall Caufes fhall require, fhall be thought fit to bee impofed. XXIX. Item, That all lour- neymen-Founders be imployed by the Mafter- Founders of the faid trade, and that idle Journey- men be compelled to worke after the fame manner, and vpon the fame penalties, as in cafe of H 2 the dA "Decree the lourneymen-Printers is be- fore fpecified. XXX. Bern, That no M after- Founder of letters, fhall imploy any other perfon or perfons in any worke belonging to the caft- ing or founding of letters, then fuch onely as are freemen or ap- prentices to the trade of found- ing letters, faue onely in the pulling off the knots of mettle hanging at the ends of the letters when they are firft caft, in which work it fhall be lawfull for euery M after- Founder, to imploy one boy only that is not, nor hath beene bound to the trade of Founding of Starre- Chamber, Founding letters, but not other- wife, upon pain of being for euer difabled to vfe or exercife that art, and fuch further punifhment, as by this Court, or the high Commifsion Court refpe6liuely, as the feuerall caufes iliall re- quire, be thought fit to be impofed. XXXI. Item, That euery perfon or perfons whatfoeuer, which fhall at any time or times hereafter, by his, or their con- fefsion, or otherwife by proof be conui6led of any of the offences, by this, or any other Decree of this Court made, fhall before H 3 fuch qA "Decree fuch time as he or they fhall be difcharged, and ouer and aboue their fine and punifhment, as aforefaid, be bound with good fureties, neuer after to tranf- greffe, or offend in that or the Hke kinde, for which he, or they fhall be fo conui6led and pun- ifhed, as aforefaid ; And that all and euery the forfeitures afore- faid (excepting all feditious fchifmaticall Bookes, or Pam- phlets, which this Court doth hereby Order to bee prefent- ly burnt). And except fuch Bookes, as the forfeitures are already granted by Letters Pat- ents, fhall be diuided and dif- pofed of Starre- Chamber. pofed of, as the high Commifslon Court fhall find fit. Alwaies prouiding that one moitie be to the King. XXXII. Item, That no Mer- chant, Mafter, or Owner of any Ship or Veffell, or any other perfon or perfons whatfoeuer fhall hereafter prefume to land, or put on fhore any Booke or Bookes, or the part of any Booke or Books, to be import- ed from beyond the feas, in any Port, Hauen, Creek, or other place whatfoeuer within the Realme of England, but only in the Port of the City of H 4 London, dA TDecree London, to the end the faid Bookes may there be viewed, as aforefaid: And the feuerall Officers of His Maiefties Ports are hereby required to take no- tice thereof. XXXI 1 1. 7/^;;^, That whereas there is an agreement betwixt Sir Thomas TBodley Knight, Founder of the Vniuerfity Li- brary at Oxford, and the M after, Wardens, and Afsiftants of the Company of Stationers (viz.) That one Booke of euery fort that is new printed, or reprinted with additions, be fent to the Vniuerfitie of Oxford for the vfe of Starre-Chamber, vfe of the publique Librarie there ; The Court doth hereby Order, and declare, That euery Printer fhall referue one Book new printed, or reprinted by him, with additions, and fhall before any publique venting of the faid book, bring it to the Common Hall of the Companie of Stationers, and deliuer it to the Officer thereof to be fent to the Librarie at Oxford ac- cordingly, vpon paine of im- prifonment, and fuch further Order and Dire6lion therein, as to this Court, or the high Com- mifsion Court refpe6liuely, as the feuerall caufes fhall require, fhall be thought fit. APPENDIX. PREAMBLE. EFORE the reign of Charles I. the liberty of the press had been jealously curtailed. No one could print or make a book without the express permis- sion of authorities appointed by the King. From the time of Edward VI. the custom of licensing printers was universally fol- lowed. The reasons for these restrictions appear, from the preambles and text of the various stat- utes and patents and from contemporary annals, to be, first, to prevent the unlimited production of books and pamphlets, as well as casual hand- bills and broadsides, wherein persons of position might be criticised and satirized, and affairs of state oAppendix. state unduly commented upon ; and, secondly, in later times, to furnish a means for suppressing the printing of seditious works by the Puritans, who often established secret printing offices in various parts of the kingdom. As was further intended by the government, the monopolies thus created served also, though with indifferent suc- cess, to promote domestic skill and to aid Eng- lish workmen, the prohibitory character of the various enactments preventing competition from abroad, where the art of printing, from the first, had been making rapid strides. The list of licensees, though these devoted themselves rather to publications concerning pubhc affairs and polity, as distinguished from lighter works, shows how limited the number of skilled printers continued to be. Grafton, Cawood, Jugge, and the Barkers, in the times of Mary, and Elizabeth, and James I., Norton, and Bill, and the Barkers again, licensed by Charles L, were officially, at least, at the head of their guild ; yet one looks in vain among precious exemplars of the art produced during that period, to discover the books which should entitle them, or indeed any English printers, to take rank with the famous printers of the Continent. This decree was re-enacted in the sixteenth, and again in the eighteenth, year of the reign of King Charles II., and a third time, for seven years, in the fifth year of the reign of James II. While appendix. While it was in force, knowledge of affairs was being diffused only by means of shabby periodi- cals, scarcely largfer than a sheet of letter-paper, and printed only on one side. Yet from this beginning, a craving for news, a desire for freedom of discussion, and a popular interest in current events grew apace ; the final result of which was the disappearance from the statute-books of all legislation of this obnoxious character. The event was doubtless hastened by the unjust con- viction of William Anderton, a printer, on the charge of high treason. His offense was the alleged printing of two political pamphlets, and for this he was beheaded and quartered soon after his trial, June 3, 1693. In 1695 a bill to continue the Licensing Act in force was defeated in Parliament,* though patents continued to be granted for special objects, such as the publication of the statutes, etc., and the custom still continues. VI.-VII. The sixth section was, in effect, in furtherance of the effort to regulate the character of the national literature. Together with the section * Macaulay says that this and civilization than the repeal of the license laws Great Charter or Bill of **has done more for liberty Rights." following. (tAppendix, following, it seems to have originated in the time of Henry VIII. For half a century prior, stat- utes had been in force which, though restraining aliens from working at the trade in England, provided that foreign books and prints might be freely imported. During the reigns of Edwards V. and VI., Richard III., and Henrys VII. and VIII., spurred on by competition from abroad and freed from injurious restraints at home, English printers succeeded in producing work which was equal to the best foreign efforts. About the time when the fruits of this wise policy were becoming manifest, a new statute (25 Henry VIII., Ch. 15) established a duty of six shillings and eightpence each upon foreign books. The attempt was also made to legislate in favour of the purchaser by giving to the Lord Chancellor, the Lord Treasurer, and the Lord Chief Justices, or to any two of them, the absolute right to fix the prices at which domestic books should be sold, and to inflict a fine of three shillings and four- pence for any book sold too dear. Thus, as it will be seen, by the removal of that competition which had theretofore served as a healthy stim- ulus, a strong incentive to excellence was taken away ; and, by fixing prices in accordance with an arbitrary caprice which might be exercised without regard to actual values, the master printers' profits were made to depend upon the whims of those who, by constituting themselves censors, oAppendix. censors, could indirectly compel the withdrawal from the market of any book that was dis- pleasing to them. The history of that period contains too many instances of so arbitrary a power unworthily exercised for us to believe that this provision continued to be a dead letter. From this time onward, the laws relating to Eng- lish printing continued to impose great hardships upon those who practised the art, and to dis- courage progress in literary taste and cultivation. XIV. It has been said that this decree is the first record of the separation of the art of type- founding froni that of printing. Makers of, so-called seditious books had found it necessary to cast their own fonts in secret, lest the im- portation of types should expose them to a greater risk of detection. The earlier printers at first practised the vari- ous departments of their art themselves, — mak- ing the presses, casting the type, and preparing the inks. With wider knowledge and a greater demand for books, and with the consequent enlargement of the facilities for producing them, came a division of such labours. This began in the foundries of France and the Netherlands. From oAppendix. From these countries types were sent abroad, and here the most skillful makers were found. XV. This section seems to be a re-enactment of a former statute (28 Eliz.), which likewise limited the number of printers to twenty. The subsequent statutes, passed after the Restoration, contained similar provisions, and were substantially re-enactments of the same statute. The attempt to limit the number of printers was a signal failure. From a paper, published October 23, 1666, called ''The Case and Pro- posals of the Free Journeymen Printers in and about London," it appears that there were then in that city only one hundred and forty workmen who had served regular apprentice- ships. This paper was a protest against the employment of ''foreigners" in the trade. The " foreigners," so called, were persons who had not served an apprenticeship, and who were depriving t!he others of employment. The privilege given to the masters and work- men by this section was of no benefit to the public. Nor in effect was it of any benefit to the trade itself. A few favoured ones obtained patents or monopolies for the printing of nearly every oAppendix, every book that was salable. The unfortunate many could find but little work to do. Books were dear, incorrect, and badly printed. No English printer of the seventeenth century stood in repute on the Continent. XVII. This prohibition struck at the very root of intellectual progress. If all the printers were juniors, then forty presses only were allowed ; even though all were master printers, or upper wardens, the limit was sixty. Outside of the universities and the office of the King's printer, the number of presses in all England could be, at the most, only four times as many as there were in 1475 at a single establishment in Ant- werp — that of Christopher Plantin. These presses were worked by hand, by pull- ing a lever which turned a screw. Impres- sions were made slowly and laboriously. Two thousand impressions were rated as a fair day's work, but, as it took four impressions to perfect on both sides a sheet of foHo, the actual per- formance of a press was about five hundred sheets a day. Size of sheet considered, this performance is about one-fortieth of that of the slowest form of modern book printing press. XX oAppendix, XX. Probably, none of the many to us absurd provisions of this decree had a more stifling effect upon national and individual endeavour than that which compelled the employment, by a master printer, of as many superfluous journeymen as the Company of Stationers might impose upon him. This provision substantially deprived the master printer of the power of selecting the best workmen ; for even those, who from their own incompetency were out of employment, could, for this very reason, either displace their skilled competitors or entail a grievous burden upon employers. A premium was thus placed upon demerit, and the idle, whatever the reason for their idleness, obtained the preference. The language of the concluding portion of the section, " although the said Master Printer with his apprentice or apprentices be able without the help of the said journeyman or journeymen to dis- charge his own work," exhibits a remarkable lack of foresight. The Robert Barker who printed this decree, though he enjoyed as sole licensee a favour which no one else shared, though he possessed a special monopoly which was upheld by all the power of the Crown and the judiciary, is said, notwithstanding, to have passed the last years of his life and to have died a poor debtor in oAppendix. in the King's Bench Prison.* It is uncertain how long, prior to his death, his incarceration began, but Ames, in his " Typographical Antiquities," says that it had endured for ten years. XXVII.-XXVIII. As might have been expected, so it turned out, that even if these type-founders had pos- sessed the skill, they did not have the means to supply the whole Kingdom. It was chiefly due to this restriction that the best types were imported from Holland, with scarcely any home competition, for the next century and a half By no means the least harmful effect was the neglect displayed by the four monopolist type- founders of the needs and requirements of printers. One notable result of this neglect was * One of Barker's patents the seventh commandment, was the printing of the For this offence the Star Bible, for correcting the Chamber fined Barker translation of which he ;^3ooo. This was but one paid out ;^35oo. But in of the many " egregious 1632, he (in special partner- blasphemies and damnable ship with Martin Lucas) errata " of the licensed printed an edition of the printers. The payment of book in which the word this fine w^s the beginning "not" was left out of of Barker's downfall. that appendix. that the University of Oxford found it necessary to collect the sum of ^^4000 — a large amount for that time — for the purpose of purchasing on the Continent types which could not be pro- cured in England. The English founders made Roman, Italic, and Black-letter, but to get good cuts of Greek, Hebrew, Arabic, and Oriental types it was necessary to go to Holland, France, or Italy. The domestic types were often of a low grade; and not only in the seven- teenth, but also during the eighteenth century, English types were held in slight esteem. Those who could do so imported even the common forms from Holland or France. This very decree seems to have been printed with French types, as appears from the frequent use of the character VV in place of W, the latter being a letter not used in the French language, and not found in French fonts. Hansard says that the glorious works which immortalized the reign of Queen Anne were printed in Dutch types, and that Dutch founders were active com- petitors on English soil even to the beginning of the nineteenth century. The attempt to keep the art of type-founding still a mystery was not only another impediment in the way of progress, but was indeed a partial failure. To those who believe in the wisdom of a regular apprenticeship as the only fit introduc- tion to the practice of a trade, it may be of interest appendix. interest to know that the most eminent Eng- lish founders were self-taught. Moxon (1659- 1683) says that he served no apprenticeship to letter-cutting, and that he did not know any- expert at punch-cutting who had been an ap- prentice to the art. The first Caslon was self- taught; so were Baskerville and Alexander Wilson. PRE88 OF THEO. L. DE VINNE & CO. NEW-YORK. V >/V