Considerations and proposals in order to the regulation of the press together with diverse instances of treasonous, and seditious pamphlets, proving the necessity thereof / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. 1663 Approx. 87 KB of XML-encoded text transcribed from 25 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A47832 Wing L1229 ESTC R19523 12730854 ocm 12730854 66483 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47832) Transcribed from: (Early English Books Online ; image set 66483) Images scanned from microfilm: (Early English books, 1641-1700 ; 695:14) Considerations and proposals in order to the regulation of the press together with diverse instances of treasonous, and seditious pamphlets, proving the necessity thereof / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. [15], 33 p. Printed by A.C., London : June 3d, 1663. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Freedom of the press -- England. Publishers and publishing -- England. 2003-11 TCP Assigned for keying and markup 2003-12 Aptara Keyed and coded from ProQuest page images 2004-03 Amanda Watson Sampled and proofread 2004-03 Amanda Watson Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Considerations and Proposals In Order to the Regulation OF THE PRESS : TOGETHER WITH Diverse Instances of Treasonous , and Seditious Pamphlets , Proving the Necessity thereof . BY ROGER L' ESTRANGE . LONDON , Printed by A. C. Iune 3 d. M.DC.LXIII . TO THE KINGS Most EXCELLENT MAJESTY . SIR , IT is not without some Force upon my self , that I have Resolv'd upon This Dedication ; for I have no Ambition to appear Pragmatical , and to become the Marque of a Peevish Faction : But since my Duty will have it Thus , I shall accompt all Other Interests as Nothing in Competition with my Allegiance . If Your Majesty shall vouchsafe to look so far , and so low , as into the Ensuing Treatise , You will find it , Sir , to be Partly , a Deliberative Discourse about the Means of Regulating the Press ; ( the matter being at This Instant under Publique Debate ) and in Part , an Extract of certain Treasonous , and Seditious Passages , and Positions , which may serve to Evince the Necessity of That Regulation . The Latter of which , I do most Humbly Offer to Your Royal Consideration , not presuming in any Sort , to Concern Your Majesty in the Former . In This Extract , is presented to your Majesties view ; First , That Spirit of Hypocrisie , Scandal , Malice , Errour , and Illusion , that Actuated the Late Rebellion . Secondly , A Manifestation of the same Spirit Reigning still , and working , not only by the same Means , but in very many of the same Persons , and to the same Ends ; That is , There is a Combination , and Design against Your Sacred Life , and Dignity , which is carryed on by the same Arguments , Pretences , Wayes , and Instruments , that Ruin'd Your Royal , and Blessed Father . All which , I think my self Bound , not only in Generals , to Declare ; but more Particularly , to Trace , and to Discover to Your Majesty , as a Duty which I owe both to God , and to my Sovereign . The first part of the Conspirators Work , is to disaffect the People toward Your Majesties Person and Government ; and their next Business is to Encourage , and Carry on those Seditious Inclinations into Action . Touching the Former ; Scarce any one Regicide or Traytor has been brought to Publique Justice , since Your Majesties Blessed Return , whom either the Pulpit hath not Canonized for a Saint , or the Press Recommended for a Patriot , and Martyr . ( beside the Arraignment of the Bench , for the very Formalityes of their Tryals ) What is the Intent , or what may be the Effect of Suggesting to the People , that there is no Iustice to be found , either in Your Cause , or in Your Courts ; Both which are Struck at in the same Blow ) is submitted humbly to Your Royal Wisdom . Nor is the Faction less Industrious to draw an Odium upon Your Majesties Person , and to Perplex , Seduce , and Exasperate the Multitude , in Matters of Religion , and concerning the Government of the Church . There have been Printed , and Reprinted , since Your Majesties Happy Restauration , not so few as a Hundred Schismatical Pamphlets , against Bishops , Ceremonies , and Common-Prayer : in many of which , Your Majesty is Directly , and in All of them Implicitly , Charg'd with an Inclination to Popery . The Instruments that Menage This Part of the Plot , are Ejected Ministers , Booksellers , and Printers : and it is believed , by men of Judgment , and Experience , in the Trade of the Press , that since the late Act for Uniformity , there have been Printed near Thirty Thousand Copies of Farewel-Sermons ( as they call them ) in Defiance of the Law. All which , as they are now drawn together into one Binding , ( to the Number of betwixt Thirty and Forty ) and represented with Figures , do certainly make up one of the most Audacious , and Dangerous Libels , that hath been made Publique under any Government ; and they are now Printing it in Dutch too , for the greater Honour of the Scandal . By These Arts , and Practices , the Faction works upon the Passions and Humours of the Common-People ; and when they shall have put Mischief into their Hearts , their next Business is to put Swords in their Hands , and to Engage them in a direct Rebellion : which Intent of theirs , together with the Means whereby they hope to Execute it , I shall humbly lay before Your Majesty in a few words . That they Propose , and Labour another Change , appears , First ; From the Recourse they have in almost all their Schismatical Papers to the Obligation of the Covenant ; which is no other , than to Conjure the People under the Peyn of Perjury , to Treat Your Majesty , as the Covenanters did Your Father ; and ( in a flat Contradiction to the Blessed Apostle ) to pronounce , that Hee that [ OBEYES ] shall receive to himself Damnation . A Second Proof of their Designe may be drawn from their still pleading the Continuance of the Long-Parliament ; & the Sovereignty of the People ▪ which is but in Plain Terms , to Disclayme Your Authority-Royal , and to Declare to the World , that they want nothing but Another Opportunity for Another Rebellion . What may be the Event of These Libertyes , belongs not to Mee to divine ; but that such Libertyes are taken , I do , with great Reverence , presume to Enform Your Majesty : And further ; that the Visible Boldness , and Malice of the Faction , seems not to be the only Danger ; Diverse of the very Instruments , who are Entrusted with the Care of the Press , being both Privy , and Tacitly Consenting to the Corruptions of it ; by virtue of which Connivence , many Hundred-Thousands of Seditious Papers , since your Majestyes Return , have passed Unpunished . And yet in This Prodigious Licence , and Security of Libelling Your Sacred Majesty , and the Government , let but any Paper be Printed that Touches upon the Private Benefit of some Concerned Officer ; The Author of That Paper is sure to be Retriv'd , and Handled with sufficient Severity . Finally ; To present Your Majesty with some Common Observations : It is noted , First , as a very Rare Thing , for any Presbyterian Pamphlet to be Seiz'd , and Suppressed , unless by Order from Above . Secondly , It is observed of Those Offenders that are Discovered , that Generally the Rich have the Fortune to Come off , and the Poor to Suffer : and Thirdly ; that scarce One of five , though under Custody , is ever brought to either of Your Majesties Principal Secretaryes of State. I have now Discharg'd my Soul both to God , and to Your Majesty ; in what I take to be an Honest , and a Necessary Office ; and I have done it with This Choice before me , either to suffer the worst that Malice , or Caluminy can cast upon me , or to Forfeit my Duty . I should not speak This but upon Experience , nor dare to mention it upon This Occasion , but that I think it highly Imports Your Majesty to know how Dangerous a Matter it is to Render you a Publique Service . To present Your Majesty with a Fresh Instance ; I was lately Engaged as a Commissioner , in a Publique Debate on the behalf of the Loyal Officers ; and for no other Crime , or Provocation , but for Asserting the Profess'd Desires of the Whole Party : A Certain Gentleman took such a Heat , and Confidence , as Openly to Charge me with Writing against Your Majesty ; Affirming withal , that Your Majesty had Accused me for it to the Parliament and that my Lord Chancellor would Iustifie it : Since which time , it appears , not only that Hee Himself was the first Person that by a Private Tale had Endeavoured to Exasperate my Lord Chancellor against Me ; but that being called to Account by my Lords Order , for so Great , and so Injurious a Boldness , both towards Your Majesty , and his Lordship , He desired God to Renounce him , if ever he spake the Words , ( Although Delivered in the Face of a Full Committee . ) If I were Impudent enough to trouble Your Majesty with a Personal Character , His Familiar Discourses , both concerning your Sacred Majesty , and the Honourable House of Commons , would afford matter for it ; but let God witness for me , that I have no Passion , but for your Majesties Service , and for the General Good of Your Loyal Subiects : Both which Interests , I do humbly conceive to be very much concern'd in some Provision , that men may not suffer in their Reputations , for doing their Duties ; and that Those Persons who have Chearfully , and Honourably passed through the utmost extremities of a Long and Barbarous Warr , out of a sence of Loyalty to Your Royal Father , may not now at last , be stung to Death by the Tongues of Tale-Bearers , and Slanderers for being Faithful to Your Majesty . Which is the Case of Many , more Considerable then my Self , and among the Rest in Particular of Your MAIESTIES Most Loyall and Obedient Subject Roger L'Estrange . To the Right Honourable the LORDS And , To the Honourable the COMMONS Assembled in Parliament . HAving been lately Employ'd , to Draw up some Proposals . touching the Regulation of the Press , and to Search for certain Seditious Books , and Papers : I think it Agreable both to my Reason , and Duty , that I Dedicate to your Honours some Accompt of my Proceeding ; especially in This Juncture , when both the Danger , and the Remedy , are the Subject of your Present Care. The Drift , and Argument of This Little Treatise , is Express'd in the Title . One Particular only was forgotten in the Body of the Discourse , which I must now Crave Leave to Insert in my Dedication ; ( i. e. ) An Additional Expedient for the Relief of Necessitous , and Supernumerary Printers ; Many of which would be well enough Content to Quit the Trade , and Betake themselves to Other Employments , upon Condition to be Re-imburst for their Presses , Letter , and Printing-Materials : and it is Computed that 4000 l. or thereabouts , would Buy off their Stock ; for the Raising of which Sum , and so to be Employ'd , there occurrs This Expedient . It is Credibly Reported , That there have been Printed at least Ten , or Twelve Impressions of a Collection Entituled , The First , Second , and Third Volume of Farewel-Sermons : ( with the Figures of the Ejected Ministers ) which is no Other , then an Arraignment of the Law , and a Charge of Persecution , against the King , and his Parliament . Upon a Supposition of Twelve Impressions , ( at a Thousand a piece , which is the Lowest ) the clear Profit , beside the Charge of Paper and Printing , Comes to 3300 l. which Sum , being Impos'd as a Fine , upon Their Heads for whom the Books were Printed , will defray a Considerable Part of the aforesaid Charge , and what is wanting , may be abundantly made up by the like Course upon the Publishers of Other Seditious Pamphlets , Keeping the Same Proportion betwixt the Profit , and the Punishment . Of the Farewel-Sermons , I Seiz'd the other day in Quires , to the Quantity of betwixt Twenty and Thirty Ream of Paper ; and I Discovered likewise the Supposed Author of Another Pamphlet , Entituled [ A Short Survey of the Grand Case of the Ministry , &c. ] Wherein is Maintain'd , in opposition to the Declarations Required by the Act of Uniformity ; That in some Cases It may be lawful to take Arms against the King — To take Arms by the Kings Authority , against his Person , or Those Commismissioned by Him — And that the Obligation of the Covenant is a Knot cut by the Sword of Authority , whilst it cannot be Loosed by Religious Reason . Concerning which , and many other Desperate Libels , if your Honours shall think fit to Descend into any Particular Enquiry , it may be made appear , that whereas not One of Twenty is Now taken , scarce One of a Hundred could Scape , if there were not Connivence ( at least ; if not Corruption ) joyn'd to the Craft and Wariness of the Faction . How the World will understand This Freedome , and Confidence , in a Private Person , I do not much Concern my Self ; ( provided that I offend not Authority ) but the Question to Me seems short , and easy , Whether it be Lawful , or not , for any Man that sees his Countrey in Danger , to Cry out TREASON ? and Nothing Else hath Extorted This Singularity of Practice , and Address , from Your Honours Most Dutiful Servant Roger L'Estrange . Considerations and Proposals In Order to the Regulation OF THE PRESS . I Think no man denyes the Necessity of Suppressing Licentious and Unlawful Pamphlets , and of Regulating the Press ; but in what manner , and by what means This may be Effected , That 's the Question . The Two Main-points are Printing , and Publishing . The Instruments of setting the work afoot are These . The Adviser , Author , Compiler , Writer , Correcter , and the Persons for whom , and by whom ; that is say , the Stationer ( commonly ) , and the Printer . To which may be Added , the Letter-Founders , and the Smiths , and Ioyners , that work upon Presses . The usual Agents for Publishing , are the Printers themselves , Stitchers , Binders , Stationers , Hawkers , Mercury-women , Pedlers , Ballad-singers , Posts , Carryers , Hackney-Coachmen , Boat-men , and Mariners . Other Instruments may be likewise employ'd , against whom a General Provision will be sufficient . Hiding , and Concealing of unlawful Books , is but in order to Publishing , and may be brought under the same Rule . Touching the Adviser , Author , Compiler , Writer , and Correcter , their Practices are hard to be Retriv'd , unless the One Discover the Other . This Discovery may be procur'd partly by a Penalty upon refusing to Discover , and partly by a Reward , to the Discoverer ; but let both the Penalty , and the Reward be Considerable , and Certain : and let the Obligation of Discovery run quite Through , from the first Mover of the Mischief , to the Last Disperser of it . That is to say ; If any unlawful Book shall be found in the Possession of any of the Agents , or Instruments aforesaid , let the Person in whose possession it is found , be Reputed , and Punish'd as the Author of the said Bock , unless he Produce the Person , or Persons , from whom he Receiv'd it ; or else acquit himself by Oath , that he knows neither Directly , nor Indirectly , how it came into his Possession . Concerning the Confederacy of Stationers , and Printers , we shall speak anon : but the thing we are now upon , is , singly Printing , and what necessarily relates to it . One great Evil is the Multiplicity of Private Presses , and Consequently of Printers , who for want of Publique , and warrantable employment , are forc'd either to play the Knaves in Corners , or to want Bread. The Remedy is , to reduce all Printers , and Presses , that are now in Employment , to a Limited Number ; and then to provide against Private Printing for the time to come , which may be done by the Means Following . First ; The number of Printers and Presses being resolv'd upon , let the Number of their Iourny-men , and Apprentices be likewise Limited : and in like manner , the Number of Master-Founders , and of their Iourny-men , and Their Apprentices ; all which to be Allow'd of , and Approv'd by such Person or Persons , as shall be Authoris'd for that purpose ; neither let any Ioyner , Carpenter , or Smith , presome to work for , or upon any Printing Press , without such Allowance as aforesaid , according to the Direction of the late Act for Printing . Secondly , Let all such Printers , Letter-Founders , Joyners , Carpenters , and Smiths , as shall hereafter be Allow'd , as aforesaid , be Respectively and severally Interrogated before their Admittance , in order to the Discovery of Supernumerary Printers and Presses . That is ; 1. Let the Printers be Question'd what Private Presses they have at any time wrought upon for so many years last past , and the time When , and For , and with Whom : and what other Printers and Presses they know of at Present , beside These of the present Establishment . 2. Let the Founders be also Examin'd , what Letter they have Furnish'd since such a Time : When and for Whom , and what other Printers &c. — Ut Supra . 3. Let the Joyners , Carpenters , and Smiths be Question'd likewise what Presses they have Erected , or Amended , &c. When , and for Whom ? and what other Presses , Printers , &c. — as before . And if after such Examination it shall appear at any time within so many Months , that any Man has wilfully conceal'd , or Deny'd the Truth , let him forfeit his Employment as a Person not fit to be Trusted , and let the Enformer be taken into his Place if he be capable of it , and desire it ; or Else , let him be Rewarded some other way . The same course may be taken also concerning English Printers and Presses beyond the Seas . This may serve as the Discovery of Private Printers and Presses already in Employment : Now to prevent underhand-dealing for the Future , and to Provide against certain other Abuses in such as are Allow'd . First ; Let a special care be taken of Card-makers , Leather-Guilders , Flock-workers , and Quoyf-drawers ; either by expresly inhibiting their use of such Presses , as may be apply'd to Printing of Books , or by tying them up to the same Termes , and Conditions with Printers ; and let no other Tradesman whatsoever presume to make use of a Printing-press , but upon the same conditions , and under the same Penalties with Printers . 2ly . Let no Presse or Printing-House be Erected or Lett , and let no Joyner , Carpenter , Smith , or Letter-Founder work for a Printing-House , without notice ( according to the late Act ) 3ly . Let no Materialls belonging to Printing , no Letters ready founded , or cast , be Imported or Bought without the like notice , and for whom ( according to the late Act. ) 4ly . Let every Master-Printer be Bound at least , if not sworn , not to Print , cause or suffer to be Printed in his House , or Press , any Book or Books without Lawful Licence ( according to the late Act. ) 5ly . Let no Master-Printer be Allow'd to keep a Press but in his own Dwelling-House , and let no Printing-House be permitted with a Back-dore to it . 6ly . Let every Master-Printer certifie what Warehouses he Keeps , and not Change them without giving Notice . 7ly . Let every Master-Printer set his Name to whatsoever he Prints , or causes to be Printed ( according to the late Act. ) 8ly . Let no Printer presume to put upon any Book ▪ the Title , Marque , or Vinnet , of any other Person who has the Priviledge of Sole Printing the same , without the Consent of the Person so Priviledg'd ( according to the late Act ) and let no man presume to Print another mans Copy . 9ly . Let no Printer presume either to Re-Print , or Change the Title of any Book formerly Printed , without Licence ; or to Counterfeit a Licence , or knowingly to put any mans Name to a Book as the Author of it , that was not so . 10ly . Let it be Penall to Antedate any Book ; for by so doing , New Books will be shuffled among Old Ones to the Encrease of the Stock . 11ly . Let the Price of Books be Regulated . 12ly . Let no Journy-man be Employ'd , without a Certificate from the Master where he wrought last . 13ly . Let no Master discharge a Journy-man , nor Hee Leave his Master , under 14 dayes Notice , unlesse by Consent . 14ly . Let the Persons employ'd , be of Known Integrity , so near as may be ; Free of the sayd Mysteries , and Able in their Trades ( according to the late Act. ) But if 60 Presses must be reduc'd to 20 , what shall all those People do for a Livelyhood that wrought at the other 40 ? It is provided by the Late Act , that as many of them shall be employ'd as the Printers can find Honest work for , and a sufferance of more , is but a Toleration of the Rest to Print Sedition , so that the Supernumeraryes are in as ill a Condition now , as they will be Then ; and yet somthing may be thought upon for their Relief . There have been divers Treasonous and Seditious Pamphlets printed since the Act of Indemnity ; as , The Speeches of the Lare King's Judges ; Sir Henry Vane's [ Pretended ] Tryal ; The Prodigies 1 Part and 2. and the Like . Let any of These Necessitous Persons , make known at whose Request , and for whose Behoofe These , or the Like Seditious Libells have been Printed , and they shall not only be Pardon'd for having had a hand in it Themselves , but the first Enformer shall upon Proof or Confession be Recommended to the first Vacancy whereof he is Capable in the New-Regulation , and the Next to the Second , and so successively : And moreover a Fine shall be set upon the Heads of the Delinquents , to be Employ'd toward the Maintenance of so many of the Indigent Printers as shall be Interpreted to Merit that Regard , by such Discovery . Next to Printing , follows Publishing or Dispersing , which , in and about the Town , is commonly the work of Printers , Stitchers , Binders , Stationers , Mercury-women , Hawkers , Pedlars , and Ballad Singers . Concerning Printers , Stitchers , and Binders ; The Penalty may be Double , where the Fault is so : That is ; where the same Person ( for Example ) is found to be both Printer and Disperser of the same unlawful Books , he may be Punished in Both Capacities : of the Rest ( the Stationer excepted ) little needs be said but that they may be Punishable , and the Penalty Suited to the Quality of the Offender . The most Dangerous People of all are the Confederate Stationers , and the breaking of That Knot would do the work alone . For the Closer Carriage of their business they have here in the Town , Their Private Ware-Houses , and Receivers . Let every Stationer certifie , what Ware-Houses he keeps , and not change them without giving notice . Let the Receivers and Concealers of Unlawful , or Unlicens'd Books he Punish'd as the Dispersers of them , unless within 12 houres after such Receipt they give notice to — that they have such Quantityes of Books in their Custody , and to whom they belong . They hold Intelligence Abroad by the means of Posts , Carryers , Hackny-Coachmen , Boatmen , and Marriners : and for fear of Interceptions they Correspond by False Names , and Private Tokens ; so that if a Letter , or Pacquet miscarry , people may not know what to make on 't . As for the Purpose ; so many Dozen of Gloves stands for so many Dozen of Books . Such a Marque for such a Price , &c. They enter in their Day-Books , only in General terms , such and such Parcells of Books , without naming Particulars . 1. Let every Stationer , living in or about London , be oblig'd to keep a Day-Book of the Particulars of all the Unlicens'd Books , and Papers , which he sends , causes or allowes to be sent , by any of the Messengers above-mentioned , into any parts of his Majestyes Dominions ; and let him Enter the Names likewise of the Persons to whom he sends them , under a Penalty ; if either he be prov'd , to have kept a False Book , or to have Corresponded under a False Name , and let every Stationer elsewhere ( i. e. within the Kingdom of England , and Dominion of Wales ) be oblig'd to keep a Day-Book likewise , of what Unlicens'd Books , and Papers , he Receives , and from whom , upon the like Penalty . 2. Let no Stationer presume to send , cause or allow to be sent , either by Land , or Water , any Dry-Fatts , Bales , Packs , Maunds , or other Fardells , or Packquets of Printed Books , or Papers , without superscribing them in such sort , that they may be known to be Books , together with the Names of the Persons from whom they are sent , and to whom they are Directed : Under peyn of Forfeiting all Parcels of Books that are not so superscrib'd , or otherwise that are advertis'd under False Names . 3. Let every Hackny-Coach-man , Carrier , Boatman , or Mariner , that knowingly Transgresses in the Private Conveighance of such Letters or Packquets as aforesaid , be subjected to a Particular Penalty . Concerning Books Imported . They must be First Prepar'd beyond the 〈◊〉 Secondly , conveighed hither ; and Thirdly , Received and Distributed here . Let the English Printer , Vender , or Utterer of any Books written in the English Tongue , or by an English man , in any Other Tongue and Printed beyond the Seas , to the dishonour of his Majestie or of the Establish'd Government , be required to appear from beyond the Seas , by a Certain Day , and under such a Penalty ; which if he Refuse , or wilfully fayl to do , Let it be made Penall for any Person Living within his Majestys Dominions , ( after sufficient Notice of his such Contempt ) to hold any further Correspondence with him , Either by Message , Letter , or otherwise , till he hath given satisfaction for his Offence . Let a General Penalty be layd upon the Importers of any English Books , whatsoever , Printed beyond the Seas . And so likewise upon the Contracters , for ; the Receivers , Concealers , and Dispersers of , any Books whatsoever , Imported into This Realm , and Disposed of without due Authority . It rests now to be Consider'd . First What Books are to be supprest , and Secondly , Into what hands the Care of the Press is to be Committed . The Books to be supprest are as follows . FIrst , All Printed Papers pressing the Murther of the late King. Secondly , All Printed Iustifications of that Execrable Act. Thirdly , All Treatises Denying His Majesties Title to the Crown of England . Fourthly , All Libels against the Person of His Sacred Majesty , His Blessed Father , or the Royal Family . Fifthly , All Discourses manifestly tending to stirr up the People against the Establish'd Government . Sixthly , All Positions Terminating in This Treasonous Conclusion , that , His Majesty may be Arraign'd , Iudg'd , and Executed , by his People : such as are These Following . Coordination , The Sovereignty of the Two Houses , or of the House of Commons ; or of the Diffusive Body of the People , in Case of Necessity . The Iustification of the Warr Rais'd in 1642. in the Name of King and Parliament . The Defence of the Legality and Obligation of the Covenant . The Separation of the Kings Person from His Authority . The Denyal of His Majesties Power in Ecclesiastical Affairs . The Mainteyning that the Long-Parliament is not yet Dissolv'd . If it be objected that This Looks too farr Back ; It may be Answer'd that Persons are Pardon'd , but not Books . But to more Particular Reasons for the Suppressing of Old Pamphlets . First ; It is ( with Reverence ) a Duty both from his Sacred Majesty and his Parliament , to the Honour , and Memory of the Late King , to deliver the Reputation of That Blessed Martyr , from the Diabolical Calumnies , and Forgeries , which are yet Extant against his Person , and Government . Secondly , It is as much a Duty toward our Present Sovereign , of whose Royal Family , and Person , as much Ill is said , and Publish'd , as is possible for the Wit of Man to Utter , or for the Malice of Hell to Invent. Thirdly , In Relation to Political Ends , and to the security of the Publique , they ought to be supprest : for they do not only Revile , and Slander his Majesties Royal Person , but many of them Disclaim his very Title to the Crown ; and Others Subject his Prerogative , and Consequently his Sacred Life to the Sovereign Power of the People ; and this is done too , with all the Advantages of a Pestilent and Artificial Imposture . Now why a Pamphlet should be Allow'd to Proclaim This Treason to the World , which but whispered in a Corner would certainly bring a Man to the Gallows , is not easily Comprehended . Fourthly , It makes the English Nation cheap in the Eyes of the World , to find the Bloud and Virtues of the Late King , appear so little to be consider'd , beside the Hazardous Consequence of Blasting the Royal Cause , and of Discourageing Loyalty to Future Generations , by transmitting the whole Party of the Royallists , in so many Millions of virulent Libels , to Posterity , for a prostitute Rabble of Villeins , and Traytours . Fifthly , Those Desperate Libells and Discourses do not only Defame the Government , Encourage and Enrich the Faction , and Poyson the People ; but , while They are Permitted , Those Stationers and Printers , that would otherwise be Honest , are forced either to play the Knaves for Company , or to Break : for there 's scarce any other Trading for them , but in That Trash . Their Customers will be supply'd , and if they ask for any of these Treasonous Books , they must either Furnish them , or Lose their Custom . Sixthly , The same Reason that prohibits New Pamphlets , requires also the Suppressing of Old ones , ( of the same Quality ) for 't is not the Date , that does the Mischief , but the Matter , and the Number . If they be Plausible , and Cunning enough to Deceive , and then Numerous enough to Spread , Buchanan , and Knox will do the business as sure as Baxter , and Calamy . Besides that in some Respects , the Old Ones have a great Advantage of the New : for being Written in times of Freedom , and Menag'd by great Masters of the Popular Stile , they speak playner , and strike homer to the Capacity and Humour of the Multitude ; whereas they that write in the fear of a Law , are forc'd to cover their Meaning under Ambiguities , and Hints , to the greater Hazzard of the Libeller , than of the Publique . Seventhly , They must be supprest , in Order to a Future Regulation : for otherwise 't is but Antedating New Books , and making them pass for Old ones ( which may be done with very little Hazzard of Detection ) or else , as any Saleable Book grows scarse ; t is but Reprinting it with a false Date , and by these Additions , and Recruits , a Stock of Seditious Pamphlets shall be kept in Motion , to the end of the world . In Fine , if they are not fit to be Sold , they are not fit to be kept ; for a verbal Prohibition without an Actual Seizure will be rather an Advantage to the Private Trade , then a Hindrance ; and bring Profit to the Factious Book-sellers and Printers , that have Copies ly upon their hands , by Enhansing the Prices . Having already set forth the Quality of those Pamphlets that ought to be suppress'd , together with the Necessity of Suppressing Old as well as New ; It will now follow properly , that I give some Instances of both sorts upon the foregoing Subjects . Instances of Treasonous and Seditious Pamphlets . I. Against the Life of the Late King. The Armies Remonstrance from St. Albans , Nov. 16. 1648. We Propound that That Capital and Grand Author of our Troubles , the Person of the King , may be speedily brought to Justice , for the Treason , Bloud , and Mischief He is Guilty of . God's Delight in the Progress of the Vpright . Have ye not sins enough of your own , but will ye wrap your selves up , in the Treachery , Murder , Bloud , Cruelty and Tyranny of others ? P. 17. Set some of those Grand Malefactors a Mourning , ( that have Caus'd the Kingdom to Mourn so many years in Garments Roll'd in Bloud ) by the Execution of Justice , &c. P. 19. II. In Justification of Putting His Late Majesty to Death . The Speeches and Prayers of some of the Late King's Iudges . That men may see what it is to have an Interest in Christ in a Dying hour , and to be Faithful to his Cause . I look upon it [ the Murther of the King ] as the most Noble and high Act of Justice that our Story can Parallel . P. 41. Mercurius Politicus . That Heroick and most Noble Act of Justice , in Judging and Executing the Late King — An Act Agreeing with the Law of God , Consonant to the Laws of Men , and the Practices of all well order'd States and Kingdomes . P. 784. Charles the First was Executed a Tyrant , Traytor , Murtherer , and a Publique Enemy to the Nation . P. 1032. III. Against the Title of the Royal Family to the Crown of England . Mercurius Politicus . Playing the second Part of Perkin Warbeck , who once Invaded the North after the same manner , with a Crew of Sects at his Heels , and had every Jot as good a Title as Himself , or as his Predecessor Henry the 7th . We had a sufficient Reason to lay aside this Bastard Race of Usurpers and Pretenders , if it were for no other Cause , but the Meer Injustice and vanity of their Title . We have cause to Cut off this Accursed Line of Tyranny , Bloud , and Usurpation . The False Brother . The Parliament having wisely Chang'd the Government to a Common-wealth , and Cut off that hereditary Usurpation of Monarchy , which was never either justly Begun , or Continued . P. 34. a The Rise , Reign , and Ruine of the House of Stuarts . b The true Pourtraiture of the Kings of England . It is high time now to End that Line that was never either well Begun , or Directly Continued . P. 42. A Short Reply , &c. together with a Vindication of the Declaration of the Army of England . Touching the Right of This King's Inheritance , We affirm it not only to be none Originally , without the Content of the Nation ; but also , to be justly Forfeited , by his Own , and Father's Destructive Engagements against the Common-wealth , and therefore we know not of any Duty , we Owe him , more than to any other engaged Enemy of the Land. IV. Treasonous , Malicious , and Scandalous Libels against the Person of his most Sacred Majesty and the Royal Family . Plain English. What hope that the Reformed Religion will be protected and Maintained , by the Son , which was so Irrellgiously betray'd by the Father ? A Door of Hope . C. S. the Son of That Murtherer , is Proclaimed King of England , Whose Throne of Iniquity is built on the Bloud of Precious Saints and Martyrs . The Case of King Charles . The Murtherers of our Saviour were less Guilty than that Prince . An English Translation of the Scottish Declaration . Let Justice and Reason blush , and Traytors and Murtherers , Parricides , and Patricides , put on white Garments , and Rejoyce as Innocent ones , if This Man [ the late King ] should escape the hands of Justice and Punishment . An Implacable and Gangren'd Person . A Butcher rather than a Prince of Bowels and Affection . [ Charles the 2d ] the Son of a Blondy Father , Heir to an Entayl'd Curse , more certain than to his Kingdom , Train'd up in Bloud , and one that never suck'd in any other Principles but Prerogative and Tyranny . The None-such Charles . [ Charles the First ] rather chose to submit to the Justice of an Axe in a Hang-mans hand , than to sway a Scepter with Equity . This Age knows what such a Tyrant was , in not feeling his force any more upon their Throats . A True State of the Case of the Common-wealth . That Accursed Interest ; — a Family that God has cast out before us ; — that has worn the marques and badges of Gods high displeasure for almost these Hundred years , P. 47. The Person of the young Pretender , is a son of Blond , &c. P. 48. Mercurius Britanicus . If any man can bring any tale or tiding of a wilfull King , which hath gone astray these four years from his Parliament , with a Guilty Conscience , Bloudy Hands , a Heart full of broken Vowes and Protestations , &c. P. 825. V. Pamphlets tending manifestly to stir vp the People against his Sacred Majesty , and the Establish'd Government . God's Loud Call. Oh! Worm ! Darest thou be so impudent to put thy self in Gods stead , to meddle with mens Consciences , and Lord it in Religious Concerns ? Smectymnuus Redivivus . The Plastring or Palliating of these Rotten Members [ Bishops ] will be a greater Dishonour to the Nation and Church , than their Cutting off , and the Personal Acts of These Sons of Belial , being Conniv'd at , become National Sins . The Root of these Disorders , ( viz. ) Popery , Superstition , Arminianism , and Prophaneness ) proceedeth from the Bishops , and their Adherents [ whereof the King is One. ] A Sermon Preached at Aldermanbury-Church , Dec. 28. 1662. The tongue of Man is not able to express the Misery of that Nation , where the Ark of God is Taken [ P. 8. ] : and the Ark of God is in This Instant in Danger of being Lost , [ P. 11. ] We have lost our first Love to the Gospel , and to the Ordinances , [ ibid. ] Abundance of Priests and Jesuits are in the midst of us , and Popery preach'd amongst us . But where are our old Eli's now ? our Moses's ? our Elijahs ? our Vriahs ? Animadversions upon the Bishop of Worcesters Letter . We may lawfully refuse to submit unto such Impositions as God hath no where commanded . The Year of Prodigies . Amongst the Hellish rout of Prophane and ungodly men , let especially the Oppressors and Persecutors of the True Church look to themselves , when the hand of the Lord , in strange Signs and Wonders is lifted up among them ; for — The final overthrow of Pharaoh and the Aegyptians ( those cruel Task-masters and Oppressors of the Israelites ) did bear date not long after the Wonderfull and Prodigious Signs which the Lord had shewn in the midst of them . A Word of Comfort . The Church of God appears in his Cause , and loseth Bloud in his Quarrel . [ P. 8. ] Is not God upon the Threshold of his Temple , ready to fly ? Are not the shadowes of the Evening stretched out ? and may we not fear the Sun-setting of the Gospel ? P. 30. The Lord may let his Church be a while under Hatches , to punish her Security , and to awaken her out of her slumbering fits ; yet surely the storm will not continue long . A Dispute against the English-Popish Ceremonies . Be not deceiv'd to think that they who so eagerly press this Course of Conformity , have any such end as Gods Glory , or the Good of his Church , and Profit of Religion . P. 9. Let not the Pretence of Peace , and Unity , cool your fervour , or make you spare to oppose your selves , unto those Idle and Idolized Ceremonies , against which we dispute . P. 11. Instances of Pamphlets containing Treasonous and Seditious POSITIONS . VI. The Three Estates are Co-ordinate , and the King one of the Three Estates . Baxters Holy Common-Wealth . The Soveraignty here among us is in King , Lords , and Commons . P. 72. Parliament-Physick for a Sin-sick Nation . The Government of England is a Mixt Monarchy , and Govern'd by the Major part of the Three Estates Assembled in Parliament . Ahabs Fall , with a Post-script to Dr. Fern. The Houses are not only Requisite to the Acting of the Power of making Lawes , but Co-ordinate with his Maiestie in the very Power of Acting . VII . The Soveraignty is in the Two Houses , in Case of Necessity . The Peoples Cause stated , in the [ Pretended ] Tryal of Sir Henry Vane . The Delegates of the People in the House of Commons , and the Commissioners on the Kings Behalf in the House of Peers , concurring ; do very far bind the King , if not wholly , — And when These cannot Agree , but break one from another , the Commons in Parliament Assembled , are , ex Officio , ☞ the Keepers of the Libertys of the Nation , and Righteous Possessors , and Defenders of it against all Usurpers and Usurpations whatsoever . Observations upon his Majesties Answers , &c. Parliaments may Judg of Publique Necessity without the King ( if Deserted by the King ) and are to be accompted , by Virtue of Representation , as the whole Body of the State. Right and Might well met . Whensoever a King or other Superiour Authority creates an Inferiour , they Invest it with a Legitimacy of Magistratical Power to punish Themselves also , in Case they prove Evill-Doers . VIII . The Power of the King is but Fiduciary ; and the Duty of the Subjects but Conditional . Ius Populi . Princes Derive their Power and Prerogative from the People , and have their Investitures meerly for the Peoples Benefit . Vindiciae contra Tyrannos . If the Prince fail in his Promise , the People are Exempt from their Obedience , the Contract is made Voyd , and the Right of Obligation is of no Force — It is therefore permitted to the Officers of a Kingdome , either All or some good Number of them , to suppress a Tyrant . The Tenure of Kings and Magistrates — — Proving that it is Lawful for any who have the Power , to call to Account a Tyrant , or wicked King , and after due Conviction to depose , and put him to Death , if the ordinary Magistrate have Neglected , or Deny'd to doe it . IX . The King is Singulis Major , Universis Minor. A Declaration of the Lords and Commons touching the Four Bills . It is the Kings Duty to pass all such Lawes , as Both Houses shall Judg good for the Kingdom : Upon a supposition , that they are good , which by them are Judg'd such . De Monarchiâ Absolutâ . Detrahere Indigno Magistratum etsi Privati non debeant ; Populus tamen Universus quin possit , nemo , opinor , dubitabit . P. 9. Thorps Charge to the Grand-Iury at York , March 20. 1648. Kings are Accountable to the People , I do not mean to the Diffused humours and fancyes of particular men in their single and natural Capacities ; but to the People in their Politique Constitution , lawfully Assembled by their Representative . P. 3. 1649. X. The Kings Person may be Resisted but not His Authority . Lex Rex . He that Resisteth the King , commanding in the Lord , Resisteth the Ordinance of God. But he who Resisteth the King , Commanding that which is against God , Resisteth no Ordinance of God ; but an Ordinance of Sin and Sathan . P. 267. XI . The King has no Power to Impose in Ecclesiastical Affairs . The Great Question . I hold it utterly Unlawful for any Christian Magistrate to Impose the Use of Surplices in Preaching , Kneeling at the Sacrament , Set-Forms of Prayer , &c. When once Humane Inventions become Impositions , and lay a Necessity upon that which God hath left Free ; then may we lawfully Reject them , as Plants of Mans setting , and not of Gods owning . XII . The Parliament of November 3d. 1640. is not yet Dissolv'd . The Peoples Cause Stated in the [ Pretended ] Tryall of Sir Henry Vane . How and when the Dissolution of the Long-Parliament ( according to Law ) hath been made , is yet Unascertain'd , and not particularly Declar'd : by reason whereof , ( and by what hath been before shew'd ) the state of the Case on the Subjects part , is much altered , as to the Matter of Right , and the Usurpation is now on the other hand . ☞ XIII . The Warre Rais'd in 1642. in the Name of King and Parliament was Lawful . Baxters Holy Common-Wealth . I cannot see that I was mistaken in the main Cause , nor dare I repent of it , nor forbear the same , if it were to do again in the same State of things — And my Judgment tells me , that if I should do otherwise , I should be Guilty of Treason or Disloyalty against the Soveraign Power of the Land , and of Perfidiousness to the Common-Wealth . The Form and Order of the Coronation of Charles the Second . A King abusing his Power to the overthrow of Religion Lawes and Liberties — may be Controll'd and Oppos'd . This may serve to Justifie the Proceedings of this Kingdome against the Late King , who in an Hostile way set himself to overthrow Religion , Parliaments , Lawes , and Liberties . XIV . The Covenant is Binding . A Phoenix : or , the Solemn League and Covenant . The breaking of our National Covenant is a Sin in Folio , a Sin of a high Nature — a greater sin , then a sin against a Commandement , or against an Ordinance , a sin not only of Disobedience , but of Perjury , a sin of Injustice a spiritual Adultery , a sin of Sacriledge , a sin of great unkindness . P. 158. Two Papers of Proposals . The Covenant does undoubtedly Bind us to forbear our own Consent to those Luxuriances of Church-Government which we there Renounced , and for which no Divine Institution can be pretended . A Short Survey of the Grand Case , &c. Some say , the Terms are Dubious , if not false , it being indefinitely asserted , It is not lawful to take Arms against the King on any Pretence whatsoever , — Although Our King is , and WE HOPE , EVER WILL BE , so qualified , that in reference to Him , it MAY be true ; yet it is not Impossible for a King Regis Personum exuere ; in a Natural , or MORAL Madness , or Phrensie , to turn Tyrant , yea Beast , Waiving his Royal Place , violently , extrajudicially , extramagisterially to assault his Subject , as Saul did David : In this Case , men think Nature doth Dictate it , and Scripture doth justifie a Man , se defendendo vim vi repellere , to take Arms , though by rallying the Men of Belial , not to Restst , yet to Restreyn , the King , and those who are Commissioned by him , until they make good their Retreat , and more safely run out of his reach . To some it foundeth harsh to declare it a Trayterous Position to take Arms by the Kings Authority , against the Kings Person , or those Commissioned by him — for if some Russians should ( which God defend ) seize the Person of a King , he is a Man , from whom Commissions may be by fear extorted , whereby true Loyalty must be on their side , and Treason on the part of the Kings Council , Kindred , and Ministers of State , if Arming against his Person , by his Authority though on such a Pretence . The Convincing Demonstration that there lyes no Obligation on me , nor any other Person , from the Oath commonly called the Solemn League and Covenant , is a Knot cut by the Sword of Authority , whilst it cannot be loosed by Religious Reason . We are Expectants of God's avengement of the Covenant now it hath been taken , — We do not , cannot , will not Declare , the Covenant doth not oblige me or any other person to endeavour our alteration of the Government in the Church . I could add More , and Worse to the Instances already given , but these shall suffice for a Taste . The Question is now , By whom , the Government and Oversight of the Press is to be undertaken , and the Contest lyes at present betwixt the Booksellers and Printers , which although Concorporate by an Ancient Grant , are in this point become Competitors ; and since they have divided Themselves , they shall be here likewise distinctly considered . The Stationers are not to be entrusted with the care of the Press , for These following Reasons . First , They are both Parties and Iudges ; for diverse of them have brought up Servants to the Mystery of Printing which they still retein in Dependence : Others again are both Printers and Stationers , Themselves ; so that they are Entrusted ( effectually ) to search for their own Copies ; to Destroy their own Interests ; to Prosecute their own Agents , and to Punish Themselves : for they are the Principal Authors of those Mischiefs which they pretend now to Redress , and the very Persons against whom the Penalties of this Intended Regulation are chiefly Levell'd . 2ly . It is not Adviseable to Rely upon the Honesty of People ( if it may be Avoided ) where That Honesty is to their Loss : Especially if they be such as have already given Proof that they prefer their Private Gayn before the Well-fare of the Publique : Which has been the Stationer's case throughout our Late Troubles , some few Excepted , whose Integrity deserves Encouragement . 3ly . In this Trust , they have not only the Temptation of Profit , to divert them from their Duty ( a fair part of their stock lying in Seditious Ware ) but the Means of Transgressing with great Privacy , and Safety : for , make Them Overseers of the Press , and the Printers become totally at their Devotion ; so that the whole Trade passes through the fingers of their own Creatures , which , upon the matter , concludes rather in a Combination , then a Remedy . 4ly . It seems a little too much to Reward the Abusers of the Press with the Credit of Superintending it : upon a Confidence that They that Destroy'd the Last King for their Benefit , will now make it their businesse to Preserve This to their Loss . 5ly . It will cause a great Disappointment of Searches , when the Persons most concern'd shall have it in their Power to spoyl all , by Notices , Partiality , or Delay . 6ly . As the Effectual Regulation of the Press is not at all the Stationers Interest , so is it strongly to be suspected that it is as little their Aym : for not One Person has been Fin'd , and but one Prosecuted , ( as is credibly Affirm'd ) since the Late Act , notwithstanding so much Treason and Sedition Printed and disperst since That time . 7ly . It is enjoyn'd by the Late Act that no Man shall de Admitted to be a Master-Printer , untill They who were at that time Actually Master-Printers , shall be by Death or otherwise reduc'd to the Number of Twenty : which Provision notwithstanding , Several Persons have since that time been suffer'd to set up Masters ; which gives to understand that the reducing of the Presses to a Limited Number is not altogether the Stationers Purpose . The Printers are not to be Entrusted with the Government of the Press . First , All the Arguments already Objected against the Stationers hold good also against the Printers , but not fully so strong . That is , they are both Partyes , and Iudges . Self-ended , ( upon Experiment ) under the Temptation of Profit . Offenders as well as the Stationers ; and in all Abuses of the Presse , confederate with them . Beside , They will have the same Influence upon Searches ; and they have probably as little Stomack to a Regulation , as the other . 'T is true ; the Printers Interest is not so Great as the Stationers ; for where Hee gets ( it may be ) 20 or 25 in the 100 for Printing an Unlawful Book , the Other Doubles , nay many times , Trebles his Mony by selling it : Yet neverthelesse the Printer's Benefit lyes at stake too . 2dly . It were a hard matter to Pick out Twenty Master-Printers , who are both Free of the Trade , of Ability to Menage it , and of Integrity to be Entrusted with it : Most of the Honester sort being impoverished by the Late Times , & the great business of the Press being Engross'd by Oliver's Creatures . But , They Propose to Undertake the Work upon Condition to be Incorporate . That is ; to be Disengaged from the Company of Stationers , and to be made a Society by Themselves . It may be Answered that it would be with Them , as 't is with Other Incorporate Societies : They would be True to the Publique , so far as stands with the Particular Good of the Company . But Evidently Their Gain lyes the other way : and for a State to Erect a Corporation that shall bring so great a Danger upon the Publique , and not one Peny into the Treasury , to Ballance the Hazzard , were a Proceeding not ordinary . But they Offer to give Security , and to be Lyable to Fines . Let That be done , Whether they be Incorporate , or no. In case of Failer , they 'll be content to lose their Priviledges . What signifies That , but only a Stronger Obligation to a Closer Confederacy ? 'T is True , The Printers in a Distinct and Regulated Society may do some good as to the General Business of Printing , and within the Sphere of that Particular Profession : but the Question is Here , how to Prevent a Publique Mischief , not how to Promote a Private Trade . But are not Printers the fittest Instruments in Searches ? They are , without Dispute , Necessary Assistants , either for Retriving Conceal'd Pamphlets , or for Examination of work in the Mettle , but whether it be either for the Honour , or Safety , of the Publique , to Place so great a Trust in the Hands of Persons of that Quality , and Interest , is submitte'd to better Judgments . To Conclude ; both Printers , and Stationers , under Colour of Offering a Service to the Publique , do Effectually but Design One upon another . The Printers would beat down the Book-selling Trade , by Menaging the Press as Themselves please , and by working upon their own Copies : The Stationers , on the other side , They would Subject the Printers to be absolutely Their Slaves ; which they have Effected in a Large Measure already , by so encreasing the Number , that the One Half must either play the Knaves , or Sterve . The Expedient for This , must be some way to Disengage the Printers from that Servile and Mercenary Dependence upon the Stationers , unto which they are at present subjected . The True State of the Business being as follows . First , The Number of Master-Printers is computed to be about 60. whereas 20. or 24. would Dispatch all the Honest work of the Nation . 2dly . These Sixty Master-Printers have above 100 Apprentices ( That is ; at least 20 more then they ought to have by the Law. ) 3dly , There are , beside Aliens , and those that are Free of other Trades , at least 150 Iourny-Men , of which Number , at least 30. are superfluous ; to which 30. there will be added about 36. more , beside above 50. Supernumerary Apprentices , upon the Reduction of the Master-Printers to 24. So that upon the whole Reckoning , there will be left a Matter of 60. Iourny-men , and 50. Apprentices , to Provide for , a part of which Charge might very reasonably be laid upon those that either Bound or Took any of the said Number , as Apprentices , contrary to the Limitation set by Authority . These Supernumerary Printers were at first Introduced by the Book-sellers , as a sure way to bring them both to their Prices , and Purposes ; for the Number being greater then could honestly Live upon the Trade , the Printers were Enforc'd either to Print Treason , or Sedition , if the Stationer Offered it , or to want Lawful Work , by which Necessity on the one side , and Power on the other , the Combination became exceeding Dangerous , and so it still Continues ; but how to Dissolve it , whether by barely Dis-incorporating the Company of Stationers , and subjecting the Printers to Rules apart , and by Themselves ; or by Making them Two Distinct Companies , I do not Meddle . This only may be Offer'd , that in Case Those Privileges and Benefits should be Granted , to both Stationers , and Printers , which they themselves desire in point of Trade ; yet in regard that several Interests are Concern'd , That of the Kingdom on the one side , and only That of the Companies on the other ; It is but reason that there should be several Super-intending Powers , and that the smaller Interest should give place , and be Subordinate to the Greater : That is , The Master , and Wardens , to Menage the Business of their Respective Trade , but withall , to be Subjected to some Superior Officer , that should over-look them Both on behalf of the Publique . As the Powers of Licencing Books , are by the Late Act vested in several Persons , with regard to the several Subjects Those Books treat of ; so may there likewise be several Agents Authoris'd and Appointed for the Care of the Press , touching These several Particulars , under the Name , and Title of Surveyors of the Press : and every distinct Surveyor to keep himself strictly within the Limits of his own Province . As for Example . First , The Lord Chancellour , or Lord Keeper of the Great Seal of England for the time being , the Lords Chief Iustices , and Lord Chief Baron for the time being , or One or More of them , are specially Authoris'd to License , by Themselves , or by their Substitutes , all Books concerning the Common Laws of This Kingdom . Let there be one Surveigher of the Press Constituted peculiarly for That Subject . 2dly . All Books of Divinity , Physique , Philosophy , or whatsoever other Science , or Art , are to be Licens'd by the Lord Archbishop of Conterbury , and Lord Bishop of London , for the time being , or one of them , or by their , or one of Their Appointments , or by either one of the Chancellours , or Vice-Chancellours of either of the Universities , for the time being . Let Three Other Surveighers of the Press be likewise Authorized for These Particulars . 3dly . All Books concerning Heraldry , Titles of Honour , and Arms , or Concerning the Office of Earl-Marshall , are to be Licens'd by the Earl-Marshall for the time being ; or in case there shall not then be an Earl. Marshal , by the Three Kings of Arms or any Two of them , whereof Garter to be One. This is to be the Subject of Another Surveigher's Care. 4thly . Books of History , Politiques , State-Affairs , and all other Miscellanies , or Treatises , nor comprehended under the Powers before-mentioned , fall under the Jurisdiction of the Principal Secretaries of State , to be Allow'd by Themselves , or one of them , or by their , or one of their Appointments . The Care of the Press concerning These Particulars may be another Surveighers Business . So that six Persons may do the whole work , with good Order , and Security . Three Substitutes for the Bishops ; and Chancellours , and One a piece for the Rest. A world now touching the Encouragements of these Officers ; and Then concerning Penalties to be Inflicted upon Offenders , and Rewards to be Granted to Enformers . The Inward Motive to all Publique and Honourable Actions must be taken for granted , to be a Principle of Loyalty , and Iustice : but the Question is here concerning Outward Encouragements to This Particular Charge . There must be Benefit , and Power . Benefit ; that a man may Live Honestly upon the Employment : and Power ; for the Credit , and Execution of the Trust. The Benefit must arise partly from some Certain , and standing Fee ; and in Part , from Accessary , and Contingent Advantages , which will be but Few , and Small , in Proportion to the Trouble and Charge of the Employment : for there must be , First ; A Constant Attendance : and a Dayly Labour in hunting out , and over-looking Books , and Presses : and Secondly , A Contiual Expense , in the Enterteynment of Instruments for Discovery , and Intelligence ; which being deducted out of the Pittances of Licences , and Forfeitures , will leave the Surveigher a very small Proportion for his Peyns . The next thing is a Power to Execute ; without which , the Law is Dead , and the Officer Ridiculous . Now concerning Penalties and Rewards . 1. The Gayn of Printing some Books , is Ten times Greater , if they Scape , then the Loss , if they be Taken : so that the Damage bearing such a disproportion to the Profit , is rather an Allurement to Offend , then a Discouragement . 2. As the Punishment is too small , for the Offender ; so is the Reward also , for the Enformer : for reckon the Time , Trouble , and Money , which it shall cost the Prosecutour to Recover his Allotment , he shall sit down at last a Loser by the Bargain : and more then That , he loses his Credit , and Employment , over and Above , as a Betrayer of his Fellows ; so great is the Power and Confidence of the Delinquent Party . The way to help This , is , to Augment both the Punishment , and the Reward ; and to Provide that the Inflicting of the One , and the Obteyning of the Other , may be both Easie , and Certain : for to Impose a Penalty , and to leave the way of Raysing it , so Tedious , and Difficult , as in This Case hitherto it is ; amounts to no more then This : If the Enformer will spend Ten Pound 't is possible he may Recover Five : and so the Prosecuter must Impose a greater Penalty upon Himself , then the Law does upon the Offender ; or Else all comes to Nothing . An Expedient for this Inconvenience is highly Necessary ; and Why May not the Oath of One Credible Witness or More , before a Master of the Chancery , or a Iustice of the Peace , serve for a Conviction . Especially the Person Accused being Left at Liberty before such Oath taken , either to Appeal to the Privy-Council , or to abide the Decision . Now to the several Sorts of Penalties . and to the Application of them . The Ordinary Penalties I find to be These ; Death , Mutilation , Imprisonment , Banishment , Corporal Peyns , Disgrace , Pecuniary Mulcts : which Penalties are to be Apply'd with regard to the Quality of the Offence , and to the Condition of the Delinquent . The Offence is either Blasphemy , Heresie , Schism , Treason , Sedition , Scandal , or Contempt of Authority . The Delinquents are the Advisers , Authors , Compilers , Writers , Printers , Correcters , Stitchers , and Binders of unlawful Books and Pamphlets : together with all Publishers , Dispersers and Concealers of them in General : and all Stationers , Posts , Hackny-Coachmen , Carryers , Boat-men , Mariners . Hawkers , Mercury-Women , Pedlers , and Ballad-Singers so offending , in Particular . Penalties of Disgrace ordinarily in Practice are Many , and more may be Added . Pillory , Stocks , Whipping , Carting , Stigmatizing , Disablement to bear Office , or Testimony . Publique Recantation , standing under the Gallows with a Rope about the Neck , at a Publique Execution . Disfranchisement ( if Free-men ) Cashiering ( if Souldiers , ) Degrading ( if Persons of Condition ) , Wearing some Badge of Infamy : Condemnation to Work either in Mines , Plantations , or House of Correction . Under the Head of Pecuniary Mulcts , are Comprehended , Forfeitures , Confiscations , Loss of any Beneficial Office , or Employment , Incapacity to hold or enjoy any : and Finally , all Damages accruing , and Impos'd , as a Punishment for some Offence . Touching the Other Penalties before-mention'd , it suffices only to have Nam'd them , and so to Proceed to the Application of them , with respect to the Crime , and to the Offender . The Penalty ought to bear Proportion to the Malice , and Influence of the Offence , but with respect to the Offender too : for the same Punishment ( unless it be Death it self ) is not the same Thing to several Persons ; and it may be proper enough to Punish One Man in his Purse , Another in his Credit ; a Third in his Body , and All for the same Offence . The Grand Delinquents are , the Authors or Compilers , ( which I reckon as all One ) the Printers , and Stationers . For the Authors , nothing can be too Severe , that stands with Humanity , and Conscience . First , 't is the Way to cut off the Fountain of our Troubles . 2dly . There are not many of them in an Age , and so the less work to do . The Printer , and Stationer , come next , who beside the Common Penalties of Mony , Loss of Copies , or Printing-Materials , may be Subjected to These further Punishments . Let them Forfeit the Best Copy they have , at the Choice of that Surveigher of the Press , under whose Cognisance the Offence lyes ; the Profit whereof the said Officer shall see Thus Distributed One Third to the King , a Second to the Enformer , reserving the Remainder to himself . In some Cases , they may be condemn'd to wear some visible Badge , or Marque of Ignominy , as a Halter instead of a Hat-band , one Stocking Blew , and another Red ; a Blew Bonnet with a Red T or S. upon it , to Denote the Crime to be Either Treason , or Sedition ; and if at any time , the Person so Condemn'd , shall be found without the said Badge , or Marque , During the time of his Obligation to wear it , let him Incurre some further Penalty , Provided only , that if within the said time , he shall discover and seize , or cause to be Seized any Author , Printer , or Stationer , Liable at the time of That Discovery and Seizure to be Proceeded against , for the Matter of Treasonous , or Seditious Pamphlets , the Offender aforesaid shall from the time of that Discovery be Discharg'd from wearing it any Longer . This Proposal may seem Phantastique at first sight ; but certainly there are Many Men who had rather suffer any other Punishment then be made Publiquely Ridiculous . It is not Needful here to run through every Particular , and to Direct , in What Manner , and to What Degree , These , and Other Offenders in the like kind shall be Punish'd , so as to Limit , and Appropriate , the Punishment : but it shall suffice , having Specifi'd the several Sorts of Offenders , and Offences ; to have laid down likewise the several Species of Penalties , Sortable to every Man's Condition , and Crime . Concerning Rewards , something is said already , and I shall only Add for a Conclusion , that they are every jot as Necessary as Punishments ; and ought to be various , according to the Several Needs , Tempers , and Qualities of the Persons upon whom they are to be Conferr'd . Mony is a Reward for One ; Honour for Another : and either of these Misplac'd , would appear rather a Mockery , than a Benefit . The End. Notes, typically marginal, from the original text Notes for div A47832-e2900 P. 21. P. 22. P. 23. Notes for div A47832-e3960 The Promoters , and Publishers of Pamphlets . A General Expedient in Order to Discovery . Multiplicity of Private Presses and Printers a great Evil. The Remedies are , To Reduce , and Limit the Number , And to discover the Supernumeraries ; With the means of doing it . Let no Tradesmen but Printers use Printing-Presses . Cautions for Securing and Regulating the Press . Obj. Ans. A Provision for Poor Printers . Publishers and Dispersers about the Town ▪ to be Punish'd ▪ The Stationers have their Private Ware-houses , and Receivers . Receivers and Concealers to be Punish'd as Dispersers . The Stationers Agents for Dispersing their Books Abroad . Their wayes of Privy Correspondence and Concealment . The means of Prevention & Discovery . An Expedient against Printing of English Books beyond the Seas ; and Importing and Disposing of them . What Books , Libels , and Positions are to be suppressed , and Reasons for the suppressing of old Pamphlets as well as new . P. 62. Printed for Thomas Brewster , 1649. Delivered in a Sermon by Thomas Brooks before the Commons , Dec. 26. 1648. Printed 1660 Divers Impressions . The Publisher to the Reader . In a Personated Letter from Cook to a Friend . Printed by a Person now in Office and eminent employment , 1651. P. 982. P. 832. P. 833. Printed by Mr. Baxters Printer for Fran. Tyton . 1651. one of his Majesties Servants , if he has not lately put off his place . a A Foul and Treasonous piece , printed for Giles Calvert , 1652. b Printed by Mr. Baxt. Printer for Francis Tyton , 1650. Printed by one in Office and great Employment , for Frand . Tycon , Aug. 16. 1650. P. 24. Printed for Livewell Chapman , 1660. P. 2. 1660. Since his Majesties Return . P. 1. Printed by Peter Cole , 1648. The Author Cook the Regicide . Printed by a person in Office and credit , for Fran. Tyton , 1650. P. 22. P. 13. P. 19. P. 23. P. 167. P. 169. Printed 1654. by a person in Offices of great Trust and Benefit . Printed by Mr. Baxters Printer . 1645. Printed by Simon Dover , 1661. P. 17. Printed for I. Rothwell , 1660. Publish'd by Mr. Thomas Manton , since his Majesties Return . P. 58. P. 66. Deliver'd by Mr. Edmund Calamy . P. 13. Printed by Io. Hayes , 1662. The Author Edw. Bagshaw . P. 8. 1661. Begun by Tho. Cree● for Giles Calvert and Tho. Brewster , and finish'd by the Order of Calverts wife , whilest her husband was a Prisoner for that very book . To the Reader . Printed for Tho. Parkhurst , 1662. Preached by Thomas Watson , calculated for Corbet and Barkstead , and Dated upon the very day whereon they were Executed , Apr. 19. 1662. P. 39. This Book was formerly condemned to be burnt by the Common Hangman , and Reprinted since his Majesties Return . Printed for Francis Tyton , 1659. P. 111. P. 42. 1662. P. 112. P. 113. P. 45. P. 7. An. 1648. P. 1. An. 1644. P. 120. An. 1648. P. 121. 1649. The Title . March 13. 1647. The Author Edward Bagshaw , 1659. Printed by a Person in Office and Employment . Octob. 7. 1644. 1660. The Author Edw. Bagshaw . P. 2. P. 5. 1662. P. 112. Printed for Francis Tyton , 1659. P. 486. 1660. Since his Majesties Return . Preached by Rubert Dowglass , at Scoon , Ian. 1. 1651. Pag. 10. Printed by Tho. Creek for Giles Calvert , Tho. Brewster and Livewel Chapman , since his Majesties Return . A Sermon of Mr. Calamys . 1661. from the Presbyterian Ministers . P. 13. 1663. Printed by Henry Bridges . P. 21. ☜ A Treasonous Position . As the Presbyterians restreyn'd the Late King. P. 22. P. 23. P. 47. Reasons why the Stationers are not to be Entrusted with the Care of the Press . Not the Printers , although Incorporated ; or giving Security . The Dependence of the Printers upon the Stationers is Dangerous . Let the care of Printing be Committed to Six Surveighers of the Press . One for Law. Three for Divinity , Physique , &c i. e. One for each University and the Third for London , &c. One for Heraldry , &c. and Another for State-Afffairs , &c. For Encouragement there must be Benefit and Power . The Employment being Troublesome and Chargeable . The Inconvenience of small Penalties , and Rewards . Which in Cases of Publique Concern ought to be Deep upon the Delinquent and the Reward Certain and Considerable to the Enformer . An Expedient for the Quick and Easie getting of the Penalty . Penalties Offences . Delinquents . Penalties of Disgrace . Pecuniary Mulcts . The Authors . Printers and Stationers to be severely Punish'd .