Above is an “imprimatur” from a 1662 edition of Virginia laws with the King’s Arms (below) that accompanied it.

Content Warning

Some of the works in this project contain racist and offensive language and descriptions that may be difficult or disturbing to read.  Please take care when reading these materials, and see our Ethics Statement and About page.

Considerations and Proposals

In Order to the

Regulation

OF THE

PRESS:

TOGETHER WITH

Diverse Instances of Treasonous, and

Seditious Pamphlets, Proving the 

Necessity thereof.⁴Transcription taken from scanned version of booklet, held by the Huntington Library and available via Early English Books Online (2019 Copyright Proquest LLC).Transcription taken from scanned version of booklet, held by the Huntington Library and available via Early English Books Online (2019 Copyright Proquest LLC).

——————————————————————————–

BY

ROGER L’ESTRANGE.

—————————————————————————–

—————————————————————————–

LONDON, Printed by A.C. June 3d.

M.DC.LXIII.

[Blank Page]

TO THE

KINGS

Most EXCELLENT

MAJESTY.

               SIR,

The Epistle Dedicatory.⁶This appears at the top of the page for the next twelve pages (save for blank pages). 

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 Treasonious, 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.

[Blank Line]

In This Extract, is presented to your Majesties view; First, That Spirit of Hypocrisie, Scandal, Malice, Errour, and Illusion, that Actuated the Late Rebellion.⁷Likely referring to the English Civil War (1641-1649). 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 Combination⁸Conspiracy., 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 towards 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 Justice to be found, either in Your Cause, or in Your Courts; (Both which are Struck at in the same Blow) is submitted humby 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 Judgement, 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 called them) in Defiance of the Law. All which, as they are now drawn together into one Binding, (to the Number of betwix Thirty and Forty) and represented with Figures, do certainly makeup 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]⁹Brackets and included words are original to the text. 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 Li-

bertyes, 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 Unpublished. And yet in This Prodigious License, 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 no 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 Calumity 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 Parlia-

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

[Blank line]

[Blank line]

                              Your Majesties

[Blank line]

[Blank line]

                                             Most Loyall and Obedient Subject

[Blank line]

[Blank line]

[Blank line]

                                              Roger L’Estrange.

To the Right Honourable the

LORDS

And, To the Honourable the

COMMONS

Assembled in Parliament.

the Danger, and the Remedy, are the Subject of your Present Care. The Draft, 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 [Expeateut].¹⁰Word is slightly obscured, our best guess is “expeateut.”

It is Credibly Reported, That there have been Printed at least Ten, or Twelve Impressions of a Collection Entitled, 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.

Your Honours

Most Dutiful Servant

Roger L’Estrange.

Considerations and Proposals

In Order to the

Regulation

OF THE

PRESS.

Proposals in Order to the

Regulation of the Press.

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 Those of the present Establishment.²³Marginalia: With the means of doing it. [continuation of prior marginalia]
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.

3. Let every Hackny-Coach-man, Carrier, Botman, or Mariner, that knowingly Transgresses in the Private Conveighance of such Letters or Packquets as aforesaid, be subjected to a Particular Penalty.

The Books, Libels, and Positions

——————————————————————————–

which are to be Supprest [Suppressed].

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 the 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 ‘tis 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 scarce; tis 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, than a Hindrance; and bring Profit to the Factions Book-sellers and Printers, that have Copies ly[ing] upon their hands, by Enhansing the Price.

[Blank Line]

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.

[Blank Line]

——————————————————————————————————————-

Instances of Treasonous and Seditious Pamphlets.

————————————————————————————————————–

I. Against the Life of the Late King.

————————————————————————————————————-

——————————————————————————————————-

II. In Justification of Putting His Late Majesty to Death.

——————————————————————————————————

Mercurius Politicus.

[Blank Line]

————————————————————————————

III. Against the Title of the Royal Family to the Crown of England.

————————————————————————————

Mercurius Politious.

The False Brother.

^a The Rise, Reign, and Ruine of the House of Stuarts.

⁵¹Marginalia: a A Foul and Treasonous piece, printed for Giles Calvert, 1652.
[Blank Line]

^b The true Pourtraiture of the Kings of England.

⁵²Marginalia: b Printed by Mr. Baxt. Printer for Francis Tyton, 1650.
[Blank Line]

It is high time now to End that Line that was never either well Begun, or Directly Continued. P. 42.

[Blank Line]

A Short Reply, &c. together with a Vindication of the Declaration of the Army of England.⁵³Marginalia: Printed by one in Office and great Employment, for Fran. Tyton, Aug. 16, 1650.

[Blank Line]

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.⁵⁴Marginalia: P. 24.

———————————————————————————————

IV. Treasonous, Malicious, and Scandalous Libels against the Person of his most Sacred Majesty and the Royal Family.

———————————————————————————————-

Plain English.

⁵⁵Marginalia: Printed for Livewell Chapman, 1660.
[Blank Line]

What hope that the Reformed Religion will be protected and Maintained, by the Son, which was Irreligiously betray’d by the Father?⁵⁶Marginalia: P. 2.

[Blank Line]

A Door of Hope.

[Blank Line]

C.S. the Son of The Murtherer, is Proclaimed King of England, Whose Throne of Iniquity is built on the Bloud of Precious Saints and Martyers.

The Case of King ⁵⁹Marginalia: Printed by Peter Cole, 1648.Charles.

An English Translation of the Scottish Declaration.

The None-such Charles.

A True State of the Case of the Common-wealth.

Mercurius Britanicus.

——————————————————————————-

V. Pamphlets tending manifestly to stir up the People against his Sacred Majesty, and the Establish’d Government.

—————————————————————————–

God’s Loud Call.

Smectymnuus Redivivus.

A Sermon Preached at Aldermanbury-Church, Dec. 28, 1662.

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 Uriahs? 

[Blank Line]

Animadversions upon the Bishop of Worcesters Letter.

[Blank Line]

We may lawfully refuse to submit unto such Impositions as God hath no where commanded.

[Blank Line]

The Yew 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 finale 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.

[Blank Line]

A Word of Comfort.

[Blank Line]

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 shadows 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.

[Blank Line]

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.

[Blank Line]

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.

[Blank Line]

The Soveraignty here among us is in King, Lords, and Commons. P. 72.

[Blank Line]

Parliament-Physick for a Sin-sick Nation.

[Blank Line]

The Government of England is a Mixt Monarchy, and Govern’d by the Major part of the Three Estates Assembled in Parliament.

[Blank Line]

Ahabs Fall, with a Post-script to Dr. Fern.

[Blank Line]

The Houses are not only Requisite to the Acting of the Power of making Lawes, but Co-ordinate with his Majestie 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.

[Blank Line]

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.

[Blank Line]

Observations upon his Majesties Answers, &c.

[Blank Line]

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.

[Blank Line]

Right and Might well met.

[Blank Line]

Whensoever a King or other Superior Authority creates an Inferioiur, 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.

————————————————————————————

Jus Populi.

[Blank Line]

Princes Derive their Power and Prerogative from the People, and have their Investitures merely for the Peoples Benefit.

[Blank Line]

Vindicie contra Tyrannos.

[Blank Line]

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 the Kingdome, either All or some good Number of them, to suppress a Tyrant.

[Blank Line]

The Tenure of Kings and Magistrates—

[Blank Line]

—Providing 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.

[Blank Line]

————————————————————————

IX. The King is Singulis Major, Universis Minor.

————————————————————————-

A Declaration of the Lords and Commons touching the Four Bills.

[Blank Line]

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.

[Blank Line]

De Monarchia Absoluta.

[Blank Line]

Detrahere Indigno Magistratum etsi Privati non debant; Populus tamen Universus quin poffit, nemo, opinor, dubitabit. P. 9.

[Blank Line]

Thorps Charge to the Grand-Jury at York, March 20. 1648.

[Blank Line]

Kings are Accountable to the People, I do not mean to the Diffused humours and fancies 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 by not His Authority.

————————————————————————-

Lex Rex.

[Blank Line]

He that Resisteth the King, commanding in the Lord, Resisteth the Ordinance of God. But who who Resisteth the King, Commanding that which against God, Resisteth no Ordinance of God; but an Ordinance of Sing and Sathan. P. 267.

————————————————————————-

XI. The King has no Power to Impose in Ecclesiastical Affairs.

————————————————————————-

The Great Question.

[Blank Line]

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 fetting, and not of Gods owning.

[Blank Line]

———————————————————————–

XII. The Parliament of November 3d. 1640. is not yet Dissolv’d.

————————————————————————-

The Peoples Cause Stated in the [Pretended] Tryall of Sir Henry Vane.

[Blank Line]

How and when the Dissolution of the Long-Parliament (according to Law) hath been made, is yet Unaseertain’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 the King and Parliament was Lawful.

————————————————

Baxter Holy Common-Wealth.

[Blank Line]

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 Persidiousness to the Common-Wealth.

[Blank Line]

The Form and Order of the Coronation of Charles the Second.

[Blank Line]

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 Lake King, who in an Hostile way set himself to overthrow Religion, Parliaments, Lawes, and Liberities.

————————————————————

XIV. The Covenant is Binding.

———————————————————–

A Phoenix: or, the Solemn League and Covenant.

[Blank Line]

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 Commandment, or against an Ordinance, a sin not only of Disobedience, but of Perjury, a sin of Inju-

stice, a spiritual Adultery, a sin of Sacriledge, a sin of great unkindness. P. 118.

[Blank Line]

Two Papers of Proposals.

[Blank Line]

The Covenant does undoubtedly Bind us to forbear our own Consent to those Luxuriances of the Church-Government which we there Renounced, and for which no Divine Institution can be pretended.

[Blank Line]

A Short Survey of the Grand Case, &c.

[Blank Line]

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 Personam 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 so desenderido vim vi repellere, to take Arms, though by rallying the Men of Belial, not to Resist, 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.

[Blank Line]

To some it soundeth 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.

[Blank Line]

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 Book sellers and Printers, which although Concorporate by the Ancient Grant, are in this point become Competitors; and since they have divided Themselves, they shall be here likewise distinctly considered.

[Blank Line]

The Stationers are not to be entrusted with the care of the Press, for These following Reasons.

[Blank Line]

First, They are both Parties and Judges; 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

Considerations and Proposals, &c.

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 be 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 Purposes.

————————————————

The Printers are not to be Entrusted with the Government of the Press.

[Blank Line]

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 Judges. 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. ‘Tis 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 front he Company of Stationers, and to be made a Society by Themselves. It may be Answered that it would be with Them, as ‘tis with Other Incorporate Societies: They would be True to the Publique, so far as stands with the Particular Good of the Company. But Eveidently 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? ‘Tis True, The Printers in a Distinct and Regulated Society, [m]ay 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 submitted 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 to Knaves, or [Stirve?].

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.

[Blank Line]

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, bsides Aliens, and those that are Free of other trades, at least 150 Journy-Men, of which Number, at least 30. are superfluous; to which 30. there will be added about 36. more, belide above 50. Supernumerary Apprentices, upon the Reduction of the Master-Printers to 24. So that upon the whole Reckoning, there will be left a Master

of 60. Journey-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 than 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 exceedingly Dangerous, and so it still Continues; but how to Dissolve it, whether by barely Disincorporating 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.

[Blank Line]

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 Provinces. As for Example.

First, The Lord Chancellor, or Lord Keeper of the Great Seal of England for the time being, the Lords Chief Justices, 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.

[Blank Line]

2dly. All Books of Divinity, Physique, Philosophy, or whatsoever other Science, or Art, are to be Licens’d by the Lord Archbishop of Canterbury, 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.

[Blank Line]

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 bean 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.

[Blank Line]

4thly. Books of History, Politiques, State-Affairs, and all other Miscellanies, or Treatises, not 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 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 word now touching the Encouragements of these Officers; and Then concerning Penalties to be Inflicted upon Offenders, and Rewards to be Granted to Enformers.

[Blank line]

The Inward Motive to all Publique and Honourable Actions must be taken for granted, to be a Principle of Loyalty, and Justice: but the Question is here concerning Outward Encouragements to This Particular Charge. There must be Benefit, and Power. Benefit; that a man my 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 Continual Expense, in the Enterteynment of Instruments for Discovery, and Intelligence; which being deducted out of the Pittances of Licences, and Forfeitures, will leave the Suveigher a very small Proportion for his Peyns. 

The next thing is a Power to Execute; whithough which, the Law is Dead, and the Officer Ridiculous.

[Blank Line]

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, ande 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 Fel-

lows; 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 Pounds ‘tis 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 Justice 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.

[Blank line]

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 Houses 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 ProportionstotheMalice, 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 Mqan 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, ‘tis 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 Crimes.

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.

———————————————————————————–

Tags