January 1653: An Act for reviving of a former Act, Entituled, 'An Act against Unlicensed and Scandalous Books and Pamphlets, and for Regulating of Printing', with some Additions and explanations.

January, 1653

[7 January, 1652/3.]

The Act of 20 Sept. 1649, revived with some alterations.; Evils occasioned by the multiplicity of Printing-houses.

Whereas a late Act, Entituled, An Act against Unlicensed and Scandalous Books and Pamphlets, and for better Regulating of Printing, hath appeared by experience to be a good and profitable Law for the ends therein expressed; and that the discontinuance thereof hath occasioned some lewd Pens and Presses to reassume their former boldness, in Writing, Printing and Dispersing Unwarrantable, Seditious and Scandalous Papers, Books and Pamphlets, to the great dishonor of God and offence of the Parliament, and insufferable contempt of all good Order and Government; And whereas many of the Evils and Exorbitances complained of in that Act, appear to have been much occasioned through the multiplying of Printing-houses, without any Warrant or Authority, and by reason of the Artifice and Subtilty of restless Spirits, unwilling to be confined within the limits of orderly Government; The Parliament of England taking the premises into their serious consideration, finde it requisite to revive and explain the said Law, and to supply the further Remedies following; Be it therefore by the Authority of this present Parliament Enacted, Ordained and Declared, That the said Act, Entituled as aforesaid, and all the Clauses therein contained, Saving for so much thereof wherein alteration shall be made by this present Act, be from henceforth revived, and remain in full force and vertue.

Council of State to order Printers.

And be it by the Authority aforesaid Enacted and Ordained, That the Council of State for the time being, be Impowered to inquire how many, and which of the said Printing-houses now in being shall be continued; and how such others of them, as shall be by the said Council judged meet to be suppressed, shall be disposed of; and what number of Apprentices and Presses every Master-printer (to be allowed by the said Council of State) shall have at one time; and to have full Power to take such Order therein, as to them shall appear just and convenient.

Council of State to Regulate the Mystery of Printing.

And forasmuch as the Life and Growth of all Arts and Mysteries consisteth in a due Regulation thereof, Be it therefore Enacted and Ordained by the Authority aforesaid, That the Government and Regulation of the said Mystery of Printing and Printers, shall from henceforth be and remain in the Council of State for the time being; and that the Master, Wardens and Assistants of the Company of Stationers London, shall follow and observe such Rules, Orders and Directions concerning the Regulation of Printing, as they shall from time to time have and receive from the said Council successively: And the said Council of State for the time being, and Master, Wardens and Assistants of the said Company, according to such Rules and Directions as they shall receive from the said Council, are hereby Authorized and Required to use all good means with care and diligence, for the preventing and punishing of Offences and Misdemeanors against this Act, and the Laws, Statutes and Ordinances heretofore made and now in force, against Unlicensed and Scandalous Books and Pamphlets, and for the better Regulating of Printing.

Who may be a Printer of Books; Printers must exercise their Trade in their dwelling houses.

And be it further Enacted and Ordained by the Authority aforesaid, That no person or persons shall or may at any time or times hereafter, Excepting such as shall be Licensed and Authorized by the Parliament or Council of State, or may claim a Priviledge thereunto by Patrimonial Right, Use or Exercise the Art. Trade or Mystery of a Printer of Books, unless he or they heretofore have, or hereafter shall have served as an Apprentice by the space of Seven Years in the said Art, Mystery and Science of Printing, with some Lawful Master-Printer of this Commonwealth of England; and that every such person and persons who shall be so qualified and enabled to be a Printer, and shall take upon him the Trade or Mystery of Printing as a Master-Printer, shall Use and Exercise the same in his and their respective Dwelling Houses, and not elsewhere, Any Law, Statute, Priviledge, Usage or Custom to the contrary thereof in any wise notwithstanding, under the Penalty of Forty Pounds for every Moneth, and so proportionably for any shorter or longer time, to be forfeited by every person offending against the Provision aforesaid.

Dry-fats and Fardels of Books imported.

And whereas by the said recited Act, it is provided amongst other things, That no Dry-fats, Packs, Maunds, Chests, Fardels of Books Imported into this Commonwealth, be permitted by any Officers of the Customs or Excise to be Opened or Conveyed away before Notice given; and that the same be Searched and Viewed (within Forty eight Hours after such notice) by the said Master and Wardens of the said Company of Stationers, or such as they shall appoint; It is hereby now Enacted and Declared, That the Lords-Days, and Days of Publique Thanksgiving and Humiliation (if any such shall happen within the said Forty eight Hours next after such Notice as aforesaid) be not accompted nor reckoned as part of the said Forty eight Hours.

Books seized on, to be brought to Stationers-hall.; Master and Wardens to appoint a convenient place for searches.

And be it further Enacted by the authority aforesaid, That what Books or other things prohibited by this or the said recited Act, the said Master and Wardens, or such as they shall appoint, shall finde and seize upon their search and view as aforesaid, they are hereby authorized and required to bring them, or cause them to be brought to Stationers-Hall London, there to remain and to be disposed of as by the said Act is directed: And to the end that the said searches and views may be made without Spoil or Damage to the Owners of the Goods so Imported, Be it further Enacted by the Authority aforesaid, That the said Master and Wardens, or any of them, shall have Power to appoint some convenient place where the said Search shall be made; and that no Merchant or Owner of any such Books Imported, shall open their said Goods, or permit them to be opened, but in the presence of the said Master and Wardens, or such as they shall appoint, upon the Penalty or Forfeiture of Five pounds for every such Offence; Provided that such Search and View be made within the time above limited after such Notice as aforesaid.

How pecuniary forfeitures shall be sued for and disposed.

And be it further Enacted by the Authority aforesaid, That all and every the pecuniary Forfeitures and Penalties mentioned, as well in this Act as in the said other recited Act, which shall be incurred by any Offender or Offenders against either of the said Acts, shall and may be Sued for in any Court of Record whatsoever, within the Jurisdiction whereof such Offence shall be committed, by Action of Debt, Bill, Plaint or Information, wherein no Essoyn, Wager of Law, or Protection shall be admitted or allowed to the Defendant or Defendants: The one Moyety of all which Forfeitures, if recovered by the Prosecution or Appointment of the said Company of Stationers, after Deduction and Satisfaction of the Charges of Recovery, shall be by them received and reserved, shall be for the Use of the Poor of their Company; and if by the Prosecution of any other person, then to the Use of the Prosecutor; and the other Moyety or one Half shall be to and for the Use of the Commonwealth, and be accompted for accordingly.

And it is further Enacted and Ordained by the Authority aforesaid, That the Council of State for the time being, shall hereby have like Power as in the said former Act is contained, to all Intents and Purposes, for the more full and effectual Execution of the same.

Council of States power.; Agent for the Army.

And be it further Enacted and Declared, That the Agent for the Army for the time being, in stead of the Secretary of the Army formerly appointed, shall have Power to License such Intelligence as may concern the Affairs of the Army onely, under the like Rules and Directions as are contained in the said Act of September, One thousand six hundred forty and nine.

Priviledges of the University-Printers not to be infringed.

Provided always, and be it further Enacted by the Authority aforesaid, That no Clause or Clauses, either in this or the said recited Act of September, One thousand six hundred forty and nine, shall be Construed to extend to the Prejudice or Infringing of any of the just Rights and Priviledges of any of the Printers of either of the two Universities in this Commonwealth; But that the same shall be full as large and effectual to all Intents and Purposes, as if this and the said recited Act of September, One thousand six hundred forty and nine, had not been had or made.