A brief TREATISE CONCERNING THE REGULATING OF PRINTING. Humbly presented to the PARLIAMENT of England. By WILLIAM BALL, Esq. LONDON, Printed in the Year, 1651. A brief TREATISE CONCERNING The Regulating of Printing. AMongst many temporal Benefits which Divine Bounty hath in several ages manifested to mankind, the invention of the Mystery, or Art of Printing may rightly be acknowledged one of the greatest, as an exact and exquisite Instrument, opening to the understanding, not only all natural Sciences, but even supernatural Mysteries; by the means whereof the minds of men have been endowed with many excellent gifts. Yet even as the best things have been abused, so hath this beneficial Art been notoriously depraved by vain, contentious, and seditious Persons; to the great 'of 'of doctrinal Tenets, and Disturbance of State-Affairs: For prevention (as much as may be) of so dangerous extravagancies, the most regular Christian Potencies (or republics) and Illustrious Potentates have thought fit to comprehend the liberty of Printing, (even as of coining) within the sphere of their several Powers: Wherein (amongst others) the late Q. Elizabeth, and her successors have (not without mature deliberation, and sage precedents in this point) been most vigilant, well perceiving that the Eye of understanding might be subject to be deceived by erroneous principles in Print, as may the bodily Eye by counterfeit coin; In Regard whereof they propagated wholesome Orders, and Decrees for the Regulating of Printing, and Printers; which rightly considered, cannot be defaced, no not blemished by the notion of Tyranny. Moreover it is an Axiom of State, that, Acta legitima Tyrannorum & Hostium Reipublicae rata esse oportere. [Bodin. de Republicâ, L. I. c. 5.] The lawful Acts of Tyrants, even of (over-Lording) enemies ought to be observed in a commonwealth: so that admitting Oppression, or Tyranny in some transactions of these Later Princes, yet their prudent, and just Ordinances are not to be Rejected, but rather (mutatis mutandis) to be carefully conserved. Wherefore with all humble submission to the High Representative of this Nation, I have tendered these subsequent proposals and clauses concerning the Regulating of Printing, and Printers, unto their grave Considerations, and censures; part whereof I have collected out of former Ordinances, and have partly proposed somewhat of mine own; as hereafter ensueth. I. That no person or persons whatsoever Print, or cause to be Printed any offensive books, Pamphlets, Papers, or Ballads to the Derogation of this present Government, or seditious disturbance of this commonwealth, or of any Dominion, Member, or Corporation thereof, nor shall sell, or dispose of any such books, Pamphlets, Papers, or Ballads, upon pain that he, or they so offending shall forfeit for every such book, &c. the sum of 10l. The one half to the use of the commonwealth, the other to the party discovering the same, and suffer such farther punishment as the Demerit of the Offence, or Offences shall deserve. II. That no person or persons whatsoever shall Print, or cause to be Printed any book or Pamphlet whatsoever, unless such book or Pamphlet, and all, and every the Titles, Epistles, Prefaces, Pro●●ems, Preambles, Introductions, Dedications, Tables, and all other matters, and things thereunto annexed, or therewith imprinted shall be first lawfully Liensed, and Authorised by such Person, or Persons as the Parliament of England shall in their wisdoms constitute, and appoint; and that all, and every such Book, or Pamphlet be also first entered into the Register Book of the Company of Stationers; upon pain that every Printer offending therein shall be hereafter for ever disenabled to exercise the Art, and Mystery of Printing, and suffer imprisonment by the space of one whole year: provided that this extend not to the Printers of the Parliament of England, and council of State, for or touching any book which they shall Command, or allow of. III. That all the Books concerning Divinity, philosophy, and Poetry shall be Printed by special Allowance of the chaplains in ordinary to the council of State, or by one of them; And in case of no such chaplains in being, then by three Divines for that purpose appointed, or by one of them; All Books of State affairs, and History (except diurnals) to be licenced by the Secretary of State, with two more of the council of State joined unto him, or by one of them: All Books concerning Law to be Licenced by the Lord's Commissioners of the great seal, Lord chief Justices, Master of the Rolls, or by one of them; All Books touching physic to be Licenced by three of the college of physicians appointed for that purpose, or by one of them; All Books of mathematics to be Licenced be three professed Mathematicians, being appointed thereinto, or by one of them; All Books of Military Discipline to be Licenced by three of the council of War, or otherwise of the Grand Committee for the Militia, or by one of them; All Books of Heraldry to be Licenced by the principal Herald at arms with two other authorised Heralds joined unto him, or by one of them; All Books concerning foreign Languages to be allowed by three Linguists for that purpose appointed or by one of them. Provided that the Chancellors or Vice-Chancellors of the Universities shall Licence only such book, or Books that are to be Printed within the limits of the Universities Respectively, but not in LONDON or elsewhere, not meddling with Books of Common Law, matters of State, Military Discipline and Heraldry. IV. That every Person, or Persons which are, or shall be appointed, or Authorized to Licence Books, shall have two several Copies entirely written; one of which Copies shall be kept in a public Office, or registry for that purpose to be appointed, the which Copy every such Person, or Persons who shall Respectively allow of, or licence for Printing shall send into the said Office, or Registry testified under his, or their hands, to the end that he or they may be secured, that the Copy so licenced by him, or them, is not altered without his or their privity; the other Copy licenced shall remain in his hands whose Copy it is; and all Stationers, and Printers that shall Print, or cause to be imprinted any Copy, or Copies whatsoever differently from this Rule, to incur the penalties contained in the second clause. V. That every Merchant of Books, or Person, or Persons whatsoever who shall Import any Book, or Books from beyond the Seas into this commonwealth of England, shall before he, or they deliver, 〈…〉 cause to be delivered forth any such Book, or Books out of his, or their ●●nds, or expose them to sale, deliver ●n a true Catalogue in writing of all and every such Book, and Books unto the Master of the Office, or registry for Copies aforesaid; upon pain of forfeiture, and Confiscation of all, and every such Book and Books, and twenty shillings fine for every such Book delivered forth, or exposed to sale; the one half to the use of the commonwealth, the other to the Party discovering the same. VI. That no Merchant of Books, or Person, or Persons whatsoever shall import or cause to be imported from beyond the Seas any offensive or scandalous Books Pamphlets, Papers, Portraitures, or Ballads into any part of this commonwealth of England, upon incurring the penalties contained in the first clause. VII. That no Person, or Persons whatsoever shall within the Precincts, and Dominions of this commonwealth, or elsewhere Imprint, or cause to be imprinted, or shall Import or cause to be imported into this commonwealth of England, or any part thereof, any Copy, Book, or Books, or part of any Copy, Book, or Books Printed beyond the Seas, or elsewhere, which the Company of Stationers, or any other Person, or Persons have, or shall have Right unto by Order or entrance in their Register-Book; or otherwise by special Order of Parliament, or by Letters-Patent, being un●●lled by this present Parliament; nor shall bind, stitch, or expose to sale any such Book, or Books, upon pain of forfeiture all the said Books, and twenty shillings fine for every such Book, to be ●●●led by Writ, or Action, Bill, &c. by the Person, or Persons aggrieved. VIII. That every Person who shall hereafter Print, or cause to be printed any Books, Ballads, Charts, portraitures, or other thing, or things whatsoever, shall thereunto, or thereon set his, and their own name, or names; as also the Name, or names of the Author, or Authors, Maker, or Makers of the same; and by, or for whom any such Book, or other thing is, or shall be printed, upon pain of forfeitute of all such Books, &c. And having his, or their Presses, Letters, and other Instruments for Printing to be utterly defaced, and made unserviceable and twenty shillings fine for every such Book, &c. The one half to the use of the commonwealth, the other to the Party discovering the same. Ix.. That no person, or persons whatsoever shall Print or cause to be Printed, forge●● put, or counterfeit, in or upon any Book or books, &c. the name, title, marke● or vinnet of the Company of Stationers or of any particular person, or persons which hath, or shall have lawful privilege, Authority, or Allowance to Print the same, without consent of the said Company, or of the Party, or Parties which shall be so privileged, and Authorized, first had, and obtained, upon pain of incurring the Penalty in the seventh clause. X. That no Tradesmen, shopkeepers, or any other person or persons whatsoever, not being a free Stationer of the City of London, or not having served 7. years' apprentice to the trade of bookseller, Printer, or Book-binder, shall within the City, or Suburbs of London, receive, take, or buy, to barter, sell again, exchange, or do away any Bibles, Testaments, Primmers, Psalm-books, almanacs, or other Book, or Books whatsoever, upon pain if forfeiture of all such Books, and twenty shillings fine for every such book, to be 〈…〉 by Writ, or Action, Bill, &c. by the person, or persons aggrieved. XI. That no Stranger, or foreigner whatsoever, be suffered to bring in for sale, barter, or rent, here, any book or books printed beyond the Seas, in any Language whatsoever, either by themselves, or their secret Factors; except such only as be free Stationers of London, and such as have been brought up in that profession, upon pain of confiscation of all such Books so imported, and twenty shillings fine for every such book to be sued by writ, or Action, &c. by the Master, and Wardens of the Company of the Stationers. XII. And for as much as there may be great abuse committed by Searchers, and other Officers of the customs by seizure of Books, who (as I have heard credibly reported) seize English Bibles, Testaments, & other Books, Printed in Holland, and in other parts beyond the Seas very erroneously, to the dangerous introduction of several Heresies within this commonwealth, and great Injury to such, to whom of right the Copies or originals of such books belong; and after such seizure (having as it is said first enacted custom in Grosse) vent, and disperse the said Bibles, Testaments, and books, in England, Ireland, and other Dominions of this commonwealth: for prevention whereof, no Searcher, nor other Officer of the customs or excise whatsoever shall hereafter seize on any Books (if discovered before he first acquaint the Master of the Office, or registry for Copies aforesaid, together with the Master, and Wardens of the Company of Stationers, (upon pain of forfeiture of his, or their Places, and Imprisonment) who shall have Power to accompany such Searchers, and Officers of the customs; and shall forthwith upon discovery, take a true Catalogue of such books, and present it to the Honourable council of State: And to prevent the farther venting, and dispersing of such erroneous Bibles, Testaments, and other books as aforesaid, after notice given unto the Honourable council of State, the said Master of the Office, or registry for Copies, together with the Master, and Wardens, of the Company of the Stationers, or some of them, shall cut, or cause to be cut into waste paper, or otherwise utterly deface the said English Bibles, Testaments, and other books printed in Holland, and in other parts beyond the Seas, and deliver the said waste paper, or defaced books, to such to whom of right the Copies, or originals do belong. XIII. Moreover for farther prevention of Importation, venting, and dispersing of Seditious, schismatical, and Offensive books, as well as of the books aforesaid; That no Driefats, Sacks, mands, Chests, or fardels of books whatsoever Imported into this commonwealth be permitted by any Officers of the custom or excise, to be opened or conveyed away before notice given unto the Master of the Office, or Registry for Copies, and also to the Master, and Wardens of the Company of Stationers (upon pain of such Officer, or Officers forfeiture of his, or their Places, and Imprisonment. And the said Master of the Office, or registry for Copies, as also the Master and Wardens of the Company of the Stationers shall have Power to accompany the Searchers and other Officers of the Customs, and excise within 48. hours after such notice given (sabbath-days, and days of public Thanksgiving, and of Humiliation being excepted out of the said 48. hours) and shall also have Power to seize on all Seditious, schismatical, and offensive Books, and forthwith take a true Catalogue of such Books, and present it to the council of State; and after that carry the said books into the stationer's Hall, there to remain in safe custody, until farther order taken by the council of State; And the said Master, and Wardens of the Company of the Stationers, if they cannot perform the same by themselves, shall have Power to depute and nominate from time to time, sufficient persons in his, or their stead provided that at all times one of the said Masters or Wardens be present at every search: And the said Master of the Office, or registry for Copies, and the Master, and Wardens of the Company of the Stationers, shall have power to appoint some convenient place where searches shall be made; and if the said Master of the Office, or registry for Copies, Master, and Wardens of the Company of the Stationers shall neglect, or omit on their parts any thing, or Duty which they ought to perform herein, they shall incur such penalty as the council of State (upon Information of such their neglect, or offence shall in their wisdoms think fit, be it by fine, or Imprisonment. XIV. That no person, or persons within the City of London, liberties thereof, or elsewhere, shall erect, or cause to be erected any press, or Printing house, or shall demise, let, or suffer to be held, or used any House, Vault, Seller, or other room whatsoever to, or by any persons for a Printing house, or place to print in, unless he, or they who shall demise, let, or suffer the same to be used, shall first give notice to the Masters, and Wardens of the Company of the Stationers of such Demise, or suffering to work, or print, upon pain of forfeiture of 20ls. for every such offence, the one half to the use of the commonwealth, the other to the party discovering the same. XV. And for the better discovering of printing in corners without Licence, the Master, and Wardens of the Company of Stationers, or such whom they shall depute and trust, shall have Power, and Authority, to search what houses, shops, vaults, and rooms (and at what time they shall think fit) especially Printing houses, and to view what is in Printing, and to call for the Licence to see whether it be Licenced or no, and if not, to seize upon so much as is printed, together with the Presses, and all Instruments for printing, and to carry the offenders before the council of State, or the L. President thereof for the time being, to take such farther order therein, as they shall in their wisdoms see cause. XVI. That no joiner, Carpenter, or other person shall make any printing press, nor Smith shall forge any iron-work for a printing press, nor Founder cast any letters for any person, or persons whatsoever, nor shall any person or persons bring in from any parts beyond the 〈…〉 any letters founded, or cast, nor buy any such letters for printing, unless he, 〈…〉 they respectively shall first acquaint the said Master, and Wardens, or some of them for whom the said press, Iron-works, or Letters are to be made, forged, or cast; upon pain of Imprisonment, and such farther penalty as the council of State shall think fit. XVII. Whereas the multitude of printers is greatly increased by the late licentious and by-printing of unlicenced pamphlets, and other seditious and impertinent books, and papers, to the great scandal of this commonwealth, and their own disgrace, ignominy, and want of good, and sufficient employment, and maintenance; for present remedy whereof, the Printers attempt a cure as bad, or worse than the disease, by petitioning the Honourable Committee for regulating of Printing, that they would be pleased to report to the High Representative of this Nation, that the said Printers, might be made a Fraternity, or Company distinct from the Stationers; against, and in opposition of such their not only unsound, but even dangerous Petition, and desires, I have thought fit to insert these ensuing Reasons, viz. That Printing being of great concernment, and of important consequence, by means whereof this commonwealth may either enjoy benefit, or receive notorious detriment; Printers therefore ought to have some careful, and exact supervisors over them, even as Apothecaries (who have the college of physicians, and Doctors of physic over them, not only to prescribe, but also to peruse their Medicines) lest the first poison the minds of the People by erroneous principles in print; as may the last their bodies, by evil Medicines, and also by self compliance in case they should be a Fraternity, or Company distinct 〈…〉 the Stationers) Print undecently, 〈…〉, and as they please according to ●●ter, and Paper (as do some Printers 〈…〉 Amsterdam and Geneva) to the dis●●●our of this commonwealth, dis●●●ent to the people, and pre-purposed ●●●iment of the Stationers whom they aligne, and inveigh against, and would 〈…〉 regard of their present pressures occa●●●ned by themselves) undermine by spe●●ous pretences: who notwithstanding 〈…〉 chiefly the men which this commonwealth can subordinately intrust (in respect of their skill, abilities and long continued industry that ways) to super●ise the Art and mystery of Printing, and Printers. And if they should say that ●●e Apothecaries separated themselves ●●om the Grocers, and became a Company distinct, and why may not the Printers do the like? I answer, that the case is not alike, for the Apothecaries sell for the major part compounds for Medicaments, and the grocer's simples for Nutriment, being things of a distinct nature, and quality; but the Printers, Book-binders, and Stationers make, and sell nothing but a book, &c. Howev●● the Apothecaries are subject to the doctors of physic as aforesaid, and if the printers should exempt themselves from the Stationers, there would be non● found, who might subordinately Regu●late, and reform such abuses, and disorders which those Innovating, an● mean undertakers may in all probability from time to time commit. XVIII. Moreover it is a maxim of Policy, as well as of Philosophy, that Frustra fit● per plura, quod potest fieri per pa●ciora; modo ita bene fiat: That thing is in vain done by more, which may be done by less, in case it may be as well accomplished: The Regulating of Printing, and Printers, may, not only for the welfare of the public, but even for the good of themselves (if not exorbitant in their desires) be subbordinately perfor●●●●l by the Stationers, without any crea●●●l or making the Printers a distinct company. If the number of the Printing houses in London were stinted, and 〈…〉 l of them suffered to be without the ●●●lties of the city of London. If the number of Printing presses were ●●litted. If the number of Apprentices were also ●●lited. If the Master and Wardens of the Company of the Stationers take good 〈…〉 l, that Journeymen-Printers (who are 〈…〉 l of the Company of Stationers) of ●lest behaviour, and able in the Art or ●sterie of Printing, be employed and ●●●on work; and in case such journeymen Printers are in want of work, Apprentices to be removed from such employments as any Journeymen-Printers 〈…〉 good behaviour shall offer themselves ●o. Lastly, if the Printers themselves will 〈…〉 subject to the good Orders and Constitutions of the Company of Statione● concerning all which (as also the pri● of useful Books) I conceive the Mas● Wardens, and other able and experie●●ced Stationers, are the fittest men to 〈…〉 consulted with. XIX. But it may be greatly suspected, the the Bible, Testament, and some of t●● Stationers Copies and originals, a● the Baits which the Printers wou●● catch, or compass: As touching t●● Bible, I take it to be a book of so hig● consequence, wherein the Mysteries 〈…〉 Salvation are contained, that it ought 〈…〉 be regularly, and exactly, and not comm●●nicatively printed, lest in a Book of so hig● importance, not only dangerous Error● but even pernicious Heresies be imprinte● and propagated, and the Book itself be als● undecently Printed in Letter, and Paper 〈…〉 And for as much as Propriety (rightly 〈…〉 considered is) Relatio Legalis cujuslibet 〈…〉 〈…〉 Temporale, A legal Relation of ●ny one to a temporal good; I con●●ive the sole Printing of the Bible, and ●estament, with Power of Restraint in others, to be of Right the Propriety of one MATHEW BARKER, citizen and Stationer of LONDON, in Regard that his Father paid for the Amen●ed or Corrected Translation of the Bible●●00. l. by reason whereof the Translated Copy did of right belong to him, and his assigns; yet for the better carrying ●n of so Important a Work, and the Regulating of an Impression of so great con●ernment, in the fourteenth year of ●ing James his reign, he continued Letters Patents granted to Robert his son; since when in the year of our Lord 1635. for the farther carrying on, & Regulating of the said Important Impression, there hath been paid by Matthew Barker aforesaid 600 l. for a Reversionary Patent. If it be said, that Matthew Barker his Father made, or might have made benefit enough by his sole Impression of the Bible, &c. For the costs, and charges which he was at for the amended, or corrected Translation thereof, so that Matthew Barker himself need not have a farther benefit thereby: I answer, so doth every one of the Stationers who purchaseth a Copy, or Copies make benefit enough thereby, and yet he enjoyeth such Copy, or Copies for himself, and his assigns, and so ought to do, or else any other might invade his Right: so also every one who purchaseth Land at the valuation of 18. or 20. years' revenue, be it more, or less; make at or about the determination of such time sufficient benefit for his purchase, yet there is no Law, nor any reason that himself, his heirs, or assigns should be excluded, or debarred of the Remainder, &c. That were to Nul all Law, violate all Right. And certainly according to equity (if not Law) Matthew Barker ought to succeed his Father in the sole printing of the Bible, &c. both in regard of his ●●thers costs & charges; as also i● respect 〈…〉 his own Patent Purchased dearly e●●ough, in regard it was for Reversion. But it may be some will say, that divers may make benefit by Printing of the ●●ble, and Testament, whereas if Matthew ●●rker enjoy the sole Printing thereof, himself will also enjoy the sole benefit thereby for him, or his assigns: to the which I answer, the same may be objected against Miles Flesher, and his Partners, sole Printers of all Law-Books against John F●●l● sole Printer of all Acts for this present Parliament; against 〈…〉 Dugard sole Printer for the council of State, against Richard Cotes, sole ●●●●ter of all Acts, Proclamations, and ●●her matters for the City of London▪ against the University-Printers of Oxford, and Cambridge, who enjoy also the printing of the Bible by Patent; against the Company of the Stationers themselves who enjoy by Patent four several Books, viz. The Psalter, psalms, primer, and almanac; yea this may be objected against very many Station●r●, and some Printers, who notwithstanding ought not thereupon to be deprived, or debarred of their rights; for it is, and aught to be held a maxim in Law, and Equity, as in Divinity, that not any shall 〈…〉 had, that good may c●me thereof, and consequently not to violate any one of his Propriety, or right, that thereby some or any benefit may accrue to others: moreover all well Regulated Politics (especially republics) do con●●● the partick●●● Right of every Pers●● Individually, so far at such Right ●ppeseth not the general Good, and thereby preserve the general Good, without vi●●ing 〈…〉 one's particular Right unjustly, 〈…〉 indirectly, according to which Rule, neither Matthew Barker, nor other the Stationer●, or Printers nominated ought to be debarred, or deprived any their Original●●, or Copies. If any one should object (as lately a Stationer did unto myself) that the Bible cannot properly be called a Copy, ●●cause it i● the written Word of God: ●●hough, such objection be frivolous, 〈…〉 such I answers, that the several ●●●●nslations thereof are properly copies, 〈…〉 the singing, or Me●●red psalms 〈…〉 belonging to the Company of the 〈…〉 aforesaid, Er●s●● his Latin Translation of the Testament, and many others of the like nature. XX. Peradventuee some greedy, and it may be needy Printers, and Stationers, will not be satisfied with Reason, unless they may against reasonable equity, inwade other men's Proprieties, and Rights. ●ut I hope the High Representative of this Nation, at what time they shall in their wisdoms think fit to pass an Act, or Acts for the Regulating of Printing, will therein by express Provisoes confirm, and ratify not only the propriety of Matthew Barker aforesaid, for him, and his assigns, but all such other Propriety and Proprieties which belong to the Company of the Stationers, to every free Stationer respectively; whereby the Prudent care of the Parliament will suppress licentious encroachments upon many considerable Copies, and avoid therein future debate and controversy. WILLIAM BALL. ●●rtaine Additionall Answers 〈…〉 to such Objections, as may peradventure be made. I. IF it should be said that the Penalties which I have proposed are too great, and also that Penalty left to discr●●●●, in some cases may seem rigour. ●●swer, that Abuses are seldom reformed without great Penalties; and in 〈…〉 as great Detriment may ensue to 〈…〉 commonwealth by scandalous, and 〈…〉 Printing, as may by counter●●it and debased coining, The Penalty for the one, aught in some measure to equalise the Penalty of the other: And Penalty in some cases left to the Discretion of grave Personages is not rigour, 〈◊〉 〈◊〉 Terror, which may be regu●●●● by natural Equity. II. If it should be said that the Commissioners of the Great seal, Judges of the Law, Secra●tary of State, and some others whom I have nominated for licensing of books, may in Regard of their great, and weighty affairs want 〈◊〉 〈◊〉 and 〈…〉 Books, &c. I answer, that every one of the said Persons and 〈◊〉 〈◊〉 who shall have power to 〈…〉 may have power to en●●●● and depute 〈◊〉 〈◊〉 〈◊〉 provided themselves will be responsible for the 〈◊〉 〈◊〉 which such 〈…〉 shall Commit; and tha● such Deputie● set their own 〈…〉 and the 〈…〉 for whom they 〈◊〉 〈◊〉 〈◊〉 such books▪ &c. which they shall Licence. III. 〈…〉 it should be said, That requiring double Copies, and an Office for Registry thereof would be vexatious, &c. I 〈…〉, that the abuses to Licensers, as 〈…〉 to Authors have been so great, (as 〈…〉 self, amongst others can testify in a 〈…〉 book of mine own) that no safer 〈…〉 can be found; moreover why should 〈…〉 those things which appertain to the 〈…〉 be kept upon Record, as are many 〈…〉 that appertain merely to Lively●●●od▪ and whether men write for the Glory of Almighty God, and good of ●thers (which ought to be the chief 〈…〉) or the profit of themselves, let them take so much pains as to write the subject twice, or otherwise spare their pains for once. And if it should be said, that by that means fewer books will ●●me into the press, I answer, not the ●●●merous multitude of books, but the solid validity of them will benefit a commonwealth. William Ball.