The CASE of the BOOKS ELLERS and PRINTERS Stated with Answers to the Objections of the PATENTEE IT is humbly conceived First That the Author of every Manuscript or Copy hath in all reason as good right thereunto as any Man hath to the Estate wherein he has the most absolute property and consequently the taking from him the one without his own consent will be equivalent to the bereaving him of the other contrary to his Will. Secondly Those who purchased such Copies for valuable considerations having the Author's right thereby transferred to them and a due Licence and Entrance according to Law 't will be as prejudicial to deprive them of the benefit of their Purchase as to Disseise them of their Freehold Thirdly The Art Craft and Mystery of Printing if it be made to appear to be a Common Trade and Occupation whereby many hundred Families are maintained then the consequence must be That the Patent now in question granted to John Moor for the sole Printing of all Books touching or concerning the Common Law of England Must be a Monopoly Now that it is a Common Trade will be made evident by considering how and when the Art of Printing came into this Kingdom which was in the Reign of H. 6. and yet no Patent for Printing Law-books was granted until the Reign of Edw. the sixth which was about 100 years after And not long after H. 6. the Art and Mystery of Printing being found a thing very useful for the Common-weal The number of Printers much increased and Printing improved at the Subjects charge after which they took Apprentices and had Servants and many Families were supported by it and so by the use and necessity thereof it than became a Common Trade whereon the Subsistance of many Families have ever since depended Insomuch That by the Stat. 35 H. 8. c. 15. it is in the preamble declared That great numbers of Englishmen are well skilled in the Craft and Mystery of Printing in all points therefore the Statute prohibits any Foreigners to bring in any Books bound up and lays likewise a penalty upon any persons that shall buy any manner of Printed Books of any Foreigners by Retail Which Act of Parliament did not only declare Printing here to be a Common Craft and Trade but likewise made Provisions for the encouraging of the Trade for the future the success whereof is visible to all Men and this present Parliament calls Printing An Art and Manufacture which for many years hath been in this Kingdom and says further for the encouragement thereof Be it enacted etc. This being taken for a Ground which cannot with any Reason or Authority be denied It is to be considered Whether the Patent 19 Jan. 15 Jac. which grants to Moor the sole Printing of all and all manner of Books which touch or concern the Common Laws of the Realm of England with a Prohibition to others not to Print Be a Monopoly or not And it is conceived it is a Monopoly for these Reasons I. It is a Restraint of Trade for by the same reason as the King may grant the sole Printing of Law-Books by the same reason he may grant the sole Printing of all manner of Books to any person which never any King of England did In the Fiftieth year of King Edw. the Third loan had procured a Patent under the Great Seal for the sole Selling of Sweet Wines in London and it was adjudged a Void Patent as much as if it had a grant for the sole Selling of all manner of Wines Cook 3 Inst 181. Note That Case exactly agrees with the Case now in Question and the Patent condemned in Parliament II. It will much enhance the Prizes of Law-books for if the Pattentee shall have a power to restrain others from Printing he may advance the Rates of Books as he pleaseth and the rather now at this time because vast quantities of Law-books were burnt in the late Fire III. If the Patentee should Engross the whole Trade of Printing Law-books he may Print the Books with bad Impressions and yet make the Subject pay as dear for them as for the best All which particulars before mentioned are declared by the Laws of England to be incidents inseparable to all Monopolies and the Case now in Question hath all those inconveniencies attending it Now it is to be considered where lies the strength of the Arguments on the other side Object 1. Say they Printing was brought in at the proper Costs and Charges of King Henry the Sixth therefore the King hath the Right Answ. At the first invention of Printing the King might grant it to the Inventor if he had been at the sole Charge and it would be good or Moor's Rep. 672. the King being at the charge might have the new Invention at his disposal But when in process of time the Invention becomes a Common Trade or Mystery than the Subjects come to have an Interest in it as it is an Occupation which supports many People and Families And this is proved by 21 Jac. cap. 3. which Enacts That of any new Invention the King's grant shall Moor's Rep. before cited be good but for Twenty one years But Printing was not brought in at the sole Charge of the King but at the Charge of the King and Subject for Bishop Bourchier gave 300 Marks towards it as appears upon Record Obj. 2. They object the Proviso 21 Jac. cap. 3. which provides that that Statute shall not extend to any Letters Patents or Grants of Privilege heretofore made or hereafter to be made concerning Printing so they urge That by that Proviso the Parliament seems to pass their Judgements that such Patents were good Answ. 'T is denied that this Proviso adds any thing to make Patents good which were void in Law and the Lord Cook in his third Inst. fol. 185. who was the principal Instrument in sorwarding that Act says That it only excepts it out of the penalty of the Act but leaves it of like force and effect as it was before And without question the true reason of that Proviso was to save the Patents which were granted of particular Copies as the Year-books etc. which were made at the Kings own charge and the Bible etc. which he purchased with his money and such as he had the sole right of disposal as Acts of Parliament Proclamations etc. 3 Obj. They make is Upon the Proviso in the late Act for Printing which provides That that Act should not prejudice the just Rights and Privileges granted by any Letters Patents Answ. Observe the Proviso takes notice of the just Rights such as are consonant to Law but not to any Patent which grants a Monopoly besides the nature of the Proviso is that it will neither add any force to the Patent nor diminish it but leave it as it was before this Statute was made 4 Obj. and principal one is That Printing is at the King's dispose by his Prerogative because necessary for the safety and peace of the Realm as it is said Moor Rep. 673. Answ. That the King hath by his Prerogative the sole disposing of Printing all sorts of Books is not so much as pretended by the Patenttee Which answers That it is not the King's Prerogative for Books of History and Policy assert the Arcana Imperii more than the Reports of Law which the Judges upon all occasions approve or condemn and The Case in Moor's Reports is no Opinion but put by the by by Council in arguing And in caseby reason of the charge of introducing Printing the Crown had any Prerogative as to the sole Printing the same is most graciously transferred by the Charter of Incorporation and the Act of this present Parliament And the Subjects using this Freedom of Printing is no more an Inchroachment upon the King's Prerogative than the common usage of most Trades or Arts Mechanical in their ordinary way of Commerce Lastly If this Patent should not be condemned as a Monopoly there are many Families as well Booksellers as Printers must be ruined for the Trade of the most vendible Books will be Engrossed by the Patenttee and so will have the true effect of a Monopoly to depauperate many Families etc. But on the other hand the late Act made by this present Parliament hath well provided for the settling of the Trade of Printing and encouragement of Tradesmen And for all sorts of Books to be Printed the Parliament hath appointed proper persons for the licensing of them as for the Law the Lord Chancellor Lords chief Justices and Lordchief Baron for Divinity Archbishops etc. Whereas if the Patenttee should enjoy this Privilege he will take his liberty and Print what Books he pleaseth without being liable to the order and direction of the late Act of this present Parliament and so make the Act illusory and of no effect for directly contrary to the said Act the Farmers of this Patent did declare to the Committee for Printing on the 26th of October last That by virtue of their Patent they may Print Law-books without the * Shepherd's Clerk of the Market Exact Constable The Solicitor Trial per Pals Complete Attorney Complete Clerk Wingates Abridgement and many others Licence of the Judges etc. And accordingly have since the Act Printed many Books lately Printed by the Patentee without Licence Law-books without such Licence as aforesaid and those very full of Errors And whereas it is suggested That the Company of Stationer's disowns this Complaint and but three or four Booksellers and no Printers are Complainants' it is a notorious untruth for there is hardly a Bookseller or Printer except the Farmers of the Patent who are but Three but what are concerned in the Complaint against the sad effects which this Patent if continued will certainly bring upon them This Patent brings not any thing into the King's Revenue and Colonel Atkins the present Patenttee hath Farmed it out but for 100 l. a year for which inconsiderable sum they endeavour the ruin of so many Families It is alleged That no Law-books were Printed from the Patent before 1641. It is answered That there were divers Law-books Printed before 1641 and since the Kings most happy Restauration by particular persons without any respect to the Patent some of which were produced before the Honourable Committee for Printing And whereas great quantities of Law-books have been burnt in the late Fire which now need Reprinting as Three Parts of the Lord Coke's Institutes and Three Volumes of Judge Croke's Reports and divers others the Copies of which Books cost those who first Printed them many 100 pounds and only whose right it is to Reprint them as first Purchasers yet the said Farmers of the Patent did the said 26th of October declare to the Committee That by virtue of their Patent they claimed the sole Printing of all Law-books old and new though other men's Copies And to make it more plainly appear that this Patent is a very great Grievance several of the Complainants' having purchased the Manuscript or Copy of a Law-book writ by Sergeant Rolls Licenced and Prepared for the Press by the Lord chief Baron Hales and Registered according to the Act of this Parliament Bought a great quantity of Paper to Print the said Book and have already Printed 100 Sheets but by Virtue of the Patent a Stop hath been put to the Press ever since August last and is yet continued to the great Damage of the Owners who have already expended above 1000 pounds upon the said Book Whereas it is alleged That Wingate's Abridgement is now sold for 6 s. It is answered That before the late dreadful Fire it was not sold for above 5 s. and until the Farmers of the Patent wrested it out of the hands of the Proprietors not for above Four shillings And the treasonable Book suggested in the close of their Case said to be Published by one of the Complainants' as a new Book this year 1666 is a notorious untruth for it was Printed in the times of the late Rebellion and not since and looked upon to be Printed by one of the Farmers of this Patent who used then to Write and Print Books of that nature And the Honourable Committee of Parliament having upon this occasion voted the Patent according to the pretended Extent to be a Monopoly It is humbly submitted to the consideration of the Honourable Assembly of Parliament whether the said Patent as to the pretence of Sole Printing all Books touching or concerning the Common Law of England ought not to be made void CASE The Case of the Booksellers and Printers stated with answers to the Objections of the patentee John Moor 1666. 8. 8h sol C. 18. o. 1. 52.