A WARRANT OF THE Lord General Fairfax TO THE Marshall Generall of the Army, To put in Execution the former Ordinances & Orders OF PARLIAMENT, AND Act of Common Councell, Concerning the Regulating of Printing, and dispersing of scandalous Pamphlets.
Whereunto is annexed the said Ordinances and Orders.
LONDON, Printed by John Macock, for JOHN PARTRIDGE. MDCXLIX.
A Coppy of the WARRANT OF THE Lord General Fairfax TO THE Marshal General of the Army.
BY Vertue of an Order of Parliament Dated 5. January 1648. desiring me to Command the Marshall Generall of the Army to put in Execution the Ordinances of Parliament concerning scandal [...]us and unlicenced Pamphlets; and having received a Petition from the Masters and Wardens of the Company of Stationers, desiring the putting in execution all Ordinances of Parliament concerning the same. These are therefore to require and authorize Cap Richard Lawrence, Marshal of the Army General under my Command, his Deputy and Deputies to put the Ordinance of 28. Sept. 1647 for suppressing scandalous Pamphlets into speedy and effectual execution. And likewise another Order of the Lords and Commons, dated 14. June 1643. for Regulating of Printing, and [Page 4] suppressing the great Abuses and frequent Disorders therein; together with an Act of Common Councel, dated 9. October 1643. for prohibiting of all persons whatsoever from crying or putting to Sale about the streets within this City and Liberties, any Pamphlets, Books or Papers whatsoever by way of Hawking, and for punishing of the offendors therein. And if any person or persons have offended, or shall hereafter offend therein, contrary to the said Ordinances, you are hereby Required and Authorized to take them into custody, and inflict upon them such corporal punishments, and levy such penalties upon them, for each offence, as is therein mentioned, and not discharge them till they have made full payment thereof, and received the said punishments accordingly. You are further Authorized and Required from time to time, to make diligent search in all places wherein you shall think meet, for all unlicensed Printing Presses, any way imployed in Printing, Scandalous and unlicensed Papers, Pamphlets, Books, Ballads, or any Copies of Books whatsoever, either belonging to the Company of Stationers, or any Member thereof, without their approbation and consents, or otherwise; and to seize and carry away such Printing Presses, Letters, together with the Nut, Spindle, and other materials, of every such irregular Printer which you shall find so mis-imployed, unto the Stationers Hall, London, there to be defaced, and made unserviceable, according to Ordinance of Parliament, in that behalf: And likewise to make diligent search in all suspected Printing Houses, Ware-houses, and other Shops and places whatsoever, for such unlicensed Books, Papers, Treatises, Ballads, or other sheet or sheets of News whatsoever not entered, nor signed with the true name of the Printer, being printed or reprinted: And likewise any Book or Books, or part of any Book or Books heretofore allowed, and granted to the Company of Stationers for their relief and maintenance of their poor, by such as have no lawful Interest to them, contrary to the said Ordinances; and to carry them to Stasioners Hall, according to the said Ordinances; and in case of opposition, to break open, according to the said Ordinances, all doors and locks, and to apprehend all persons so [Page 5] opposing, and take them into custody, till they have given satisfaction therein. And you are here Authorized, to dispose of one moity of the Fine paid, by vertue of the said Ordinances, to the person or persons apprehending the said offendors, and the other moity thereof to the poor of the liberty of the Parish where the offence is committed, according to the said Ordinances, and the oath of one credible witness taken before any Justice of Peace, or Master of Chancery, shall be a sufficient conviction of any offendor in the cases mentioned in the said Ordinances. The same being produced and made good to the Iudg Advocate of the Army: and all Officers and Soldiers of the Army under my Command, and all Mayors, Sheriffs, Constables, the Master and Warden of the Company of Stationers, and Mr Mabbot, (who, by Ordinance of Parliament, is appointed Licenser of all Papers, Pamphlets, and other Books of News,) and all other persons, appointed by the said Ordinance of 14. June 1643. are hereby required to be ayding and assisting to you and your Deputies, in the execution of the said Ordinances, and Act of Common Councel, as they will answer the contrary.
AN ORDINANCE OF THE LORDS & COMMONS Assembled in PARLIAMENT, Against Ʋnlicensed or Scandalous Pamphlets, AND For the better Regulating of PRINTING.
THe Lords and Commons in Parliament assembled, taking notice of the many Seditious, False and Scandalous Papers and Pamphlets dayly printed and published in and about the Cities of London and Westminster, and thence dispersed into all parts of this Realm, and other parts beyond the Seas, to the great abuse and prejudice of the People, and insufferable reproach of the proceedings of the Parliament and their Army; for the better suppression thereof, and prevention of the like inconveniences in time to come, do Order and Ordain, and be it Ordered and Ordained by the said Lords and Commons, That what person soever shall Make, Write, Print, Publish, Sell or Utter, or cause to be Made, Written, Printed, Published, Sold or Uttered, any Book, Pamphlet, Treatise, Ballad, Libel, Sheet or Sheets of News whatsoever, (except the same be Licensed by both or either House of Parliament, [Page 7] or by such person or persons as shall be thereunto Authorized by one or both Houses of Parliament,) with the Name of the Author, Printer and Licenser thereunto prefixed, shall for every such Offence, suffer, pay and incur the Punishment, Fine and Penally hereafter mentioned; that is to say, The Maker, Writer or Composer of any such unlicensed Book, Pamphlet, Treatise, Ballad, Libel, Sheet or Sheets of News, shall forfeit and pay forty shillings, or be Imprisoned in the Common Goal for the County or Liberty where the Offence is commited, or the Offendor shall be found, until he shall pay the same, so that the said Imprisonment exceed not forty days; The Printer to forfeit and pay twenty shillings, and suffer the like Imprisonment, until he pay the same, the said Imprisoment not exceeding twenty days, and likewise to have his Press and Implements of Imprinting seized and broken in pieces; The Bookseller or Stationer to forfeit and pay ten shillings, or be Imprisoned in like manner until he pay the same, the Imprisonment not exceeding ten days; and the Hawker, Pedler or Ballad-singer to forfeit and lose all his Books, Pamphlets and printing Papers exposed to sale, and also to be whipt as a Common Rogue in the Liberty or Parish where the said Offender shall be apprehended, or the Offence committed.
And it is further Ordained by the said Lords and Commons, That the several and respective Members of the Committees for the Militia in London, Middlesex and Surrey, and all Majors and other head-Officers of Corporations, and all Iustices of the Peace of the several Counties, Cities and Liberties within this Kingdom of England and Dominion of Wales, and every of them in their respective Liberties and Jurisdictions, be hereby authorized and required to put this Ordinance in execution; and all Constables; Headboroughs, and other Officers and Ministers are hereby authorized and required, together with such assistants as they shall call unto them, to enter into any Shop or House where they shall be informed, or have good cause to suspect any such unlicensed Pamphlets and Papers are printed, sold or uttered, and to take and seize the same, and likewise all Presses and Implements of printing, and to bring them, together [Page 8] with the Offenders, and all other Offenders against this Ordinance, before the said Members of the Committees, Mayors, head-Officers and Justice of the Peace, or any one of them, that the Fines, Pains and Penalties before mentioned may be imposed and inflicted upon the same Offenders, according to the intention and meaning of this Ordinances. And it is also Ordained by the Authority aforesaid, That the view of any one Iustice of the Peace, head-Officer or Member of the Committees aforesaid, or the Oath of one credible Witness (which Oath in such cases they and every one of them are hereby authorized to administer,) shall be a sufficient conviction of any Offender in the cases before recited; And the same Justice of the Peace, Major, or other head-Officer or Member of the Committees aforesaid, have hereby Authority to dispose one Moyety of the Fine paid by vertue of this Ordinance, to the Collectors for the poor of the Liberty or Parish where the Offence is committed, and the other Moiety to the person or persons who shall discover and prosecute the said Offenders. And finally it is Ordained, That all persons acting any thing by vertue of this Ordinance, shall be saved harmless, and indempnified by Authority of both Houses of Parliament.
Provided always, and it is hereby Declared, That the penalties in this Ordinance expressed, shall not extend to acquit any person or persons that shall Make, Write, Print, Publish, Sell or Utter, or cause to be Made, Written, Published, Sold or Uttered, any Book, Pamphlet, Treatise, Ballad, Libel, Sheet or Sheets of News that shall contain any Seditious, Treasonable or Blasphemous matter, but the Offenders in that kind shall be liable to such farther penalties as by the Laws of the Land are provided, or by Authority of Parliament shall be judged according to the penalty of such Offences.
Die Mercurii, 14 Junii, 1643.
VVHereas divers good Orders have been lately made by both Houses of Parliament, for suppressing the great late abuses and frequent disorders in Printing many false forged, scandalous, seditious, libellous, and unlicensed Papers, Pamphlets, and Books, to the great defamation of Religion and Government. Which Orders (notwithstanding the diligence of the Company of Stationers, to put them in full execution) have taken little or no effect: By reason the Bill in preparation for redress of the said disorders, hath hitherto been retarded through the present distractions, and very many, as well Stationers and Printers, as others of sundry other Professions not free of the Stationers Company, have taken upon them to set up sundry private Printing Presses in corners, and to print, vend, publish, and disperse Books, Pamphlets and Papers, in such multitudes, that no industry could be sufficient to discover or bring to punishment, all the several abounding Delinquents; And by reason that divers of the Stationers Company and others being Delinquents (contrary to former Orders, and the constant custom used among the said Company) have taken liberty to print, vend, and publish, the most profitable vendible copies of Books, belonging to the Company and other Stationers, especially of such Agents as are imployed in putting the said Orders in Execution, and that by way of revenge for giving information against them to the Houses for their Delinquencies in Printing, to the great prejudice of the said Company of Stationers and Agents, and to their discouragement in this publique service.
It is therefore Ordered by the Lords and Commons in Parliament, That no Order or Declaration of both, or either House of Parliament shall be printed by any, but by order of one or both the said Houses: Nor other Book, Pamphlet, Paper, nor part of any such Book, Pamphlet, or paper, shall from henceforth be printed, bound, stitched, or put to sale by any person or persons whatsoever, unless the same be first approved of and licensed under the hands of such person or persons, as [Page 10] both or either of the said Houses shall appoint for the licensing of the same, and entred in the Register Book of the Company of Stationers, according to ancient custom, and the Printer thereof to put his name thereto. And that no person or persons shall hereafter Print, or cause to be reprinted any Book or Books, or part of Book, or Books heretofore allowed of and granted to the said company of Stationers for their relief and maintenance of their poor, without the license or consent of the Master, Wardens, and Assistants of the said company; Nor any Book or Books lawfully licensed and entred in the Register of the said Company for any particular member thereof, without the license and consent of the owner or owners thereof. Nor yet import any such Book or Books, or part of Book or Books formerly Printed here, from beyond the Seas, upon pain of forfeiting the same to the owner or owners of the copies of the said Books, and such further punishment as shall be thought fit.
And the Master and Wardens of the said Company, the Gentleman Usher of the House of Peers, the Sergeant of the Commons House and their Deputies, together with the persons formerly appointed by the Committee of the House of Commons for Examinations, are hereby authorized and required, from time to time, to make diligent search in all places, where they shall think meet, for all unlicensed Printing Presses, and all Presses any way imployed in the printing of scandalous or unlicensed Papers, Pamphlets, Books, or any copies of Books belonging to the said Company, or any member thereof, without their approbation and consents, and to seize and carry away such Printing Presses, Letters, together with the Nut, Spindle, and other Materials of every such irregular Printer, which they finde so misimployed, unto the common-hal of the said company, there to be defaced and made unserviceable according to ancient Custom; And likewise to make diligent search in all suspected Printing-houses, Ware-houses, Shops and other places, for all such scandalous and unlicensed Books, Papers, Pamphlets, and other Books not entred nor signed with the Printers name as aforesaid, being printed or reprinted by such as have no lawful interest in them, or any way contrary to this Order, and the [Page 11] same to seize and carry away to the said common Hall, there to remain till both or either House of Parliament shall dispose thereof: And likewise to apprehend all Authors, Printers, and other persons whatsoever imployed in compiling, printing, stitching, binding, publishing and dispersing of the said scandalous unlicensed and unwarrantable Papers, Books and Pamphlets as aforesaid; and all those who shall resist the said parties in searching after them, and to bring them afore either of the Houses or the Committee of Examinations, that so they may receive such further punishments, as their offences shall demerit, and not to be released until they have given satisfaction to the parties imployed in their apprehension for their pains and charges, and given sufficient caution not to offend in like sort for the future. And all Justices of the Peace, Captains, Constables and other Officers, are hereby ordered and required to be ayding and assisting to the foresaid persons, in the due execution of all and singular the Premises, and in the apprehension of all offenders against the same; and in case of opposition, to break open doors and locks.
And it is further Ordered, That this Order be forthwith printed and published, to the end that notice may be taken thereof, and all Contemners of it left inexcusable.
Die Jovis, 9 Martii, 1642.
IT is this day Ordered by the Commons House of Parliament, That the Committee for Examinations, or any four of them, have power to appoint such persons as they think fit, to search in any house or place where there is just cause of suspicion, that Presses are kept and employed in the printing of scandalous and lying Pamphlets, and that they do demolish and take away such Presses and their materials, and the Printers Nuts and Spindles which they finde so employed, and bring the Master-Printers, and Work-men Printers before the said Committee; and that the Committee or any four of them, have power to commit to prison any of the said Printers, or any other persons that do contrive, or publikely or privately [Page 12] vend, sell or publish any Pamphlet, scandalous to His Majesty or the proceedings of both or either Houses of Parliament, or that shall refuse to suffer any houses or shops to be searched, where such Presses or Pamphlets as aforesaid are kept: And that the persons employed by the said Committee, shall have power to seize such scandalous and lying Pamphlets as they finde upon search, to be in any Shop or Warehouse, sold or dispersed by any person whomsoever, and to bring the persons that so kept, published or sold the same, before the Committee; And that such persons as the Committee shall commit for any of the offences aforesaid, shall not be released till the parties employed for the apprehending of the said persons, and seizing their Presses and Materials, be satisfied for their pains and charges. And all Justices of the peace, Captains, Officers and Constables, are required to be assisting in the apprehending of any the persons aforesaid, And in searching of their Shops, Houses, and Ware-houses; And likewise all Justices of the Peace, Officers and Constables are hereby required from time to time to apprehend such persons as shall publish, vend or sell the said Pamphlets. And it is further Ordered, that this Order be forthwith printed and published to the end that notice may be taken hereof, that the contemners of this Order may be left inexcusable for their offence.
13 March, 1642. At the Committee of the House of Commons for Examinations.
BY vertue of an Order made in the Commons House of Parliament, authorizing this Committee, or any four of them, to appoint such persons as they shall think fit, for the seizing of, and searching for scandalous Pamphlets, and to demolish and take away such Printing-presses as shall be employed in the Printing of such scandalous and lying Pamphlets as by the said Order appeareth. These are therefore to authorize you, Felix Kingston, Samuel Man, George Miller, John Bellamy, [Page 13] William Lee Junior, John Partridge, Christopher Meredith, Robert Dawlman, Matthew Walbanck, Richard Coats, Joseph Hunscot, John Raworth, Stationers of London, or any of you, or any of your Deputy or Deputies, to put in execution the said Order of the House of Commons according to the power therein given. And you are hereby required to omit no time, but withal speed, fidelity and diligence, to proceed in putting the said Order in execution, and to require the ayd and assistance of such persons as are required by the said Order to assist the Persons employed by this Committee in the said service.
An Act of Common councel, for the prohibiting of all persons whatsoever, from crying or putting to sale about the streets in this City and Liberties, any pamphlets, books or papers whatsoever, by way of hawking to be sold, and for the punishment of the offenders therein, according to the Custom and Law of this City.
Commune Concilium tentum in Camera Guid-hall Civitatis London, nono die Octobris, 1643. Annoque Regni Domini nostri Caroli, nunc Regis Angliae, &c. decimo nono, coram Isaac Pennington Majore (secundo tempore) Civitatis London, Johan. Wollaston Milite & Aldermanno Majore Civitatis Londini electo, Johan. Glyn, Armiger. ejusdem Civitatis Recordatore, Thoma Atkin, Johan. Warner, Johan. Langham, Will. Gibs, Will. Barkley, ejusdem Civitatis Aldermannis, & Johan. Fowke & Jacobo Bunce, Aldermannis & Vicecomit' ejusdem Civitatis, Necnon Majore parte Communariorum de Communi Concilio ejusdem Civitatis tunc ibidem Assemblat.
THis Common Councel taking into their serious consideration, a complaint made by the Master, Wardens, Assistants and Commonalty [Page 14] of the Stationers, London, against a multitude of vagrant persons, men, women and children, which after the maner of Hawkers, do openly cry about the streets pamphlets and other books, and under colour thereof are found to disperse all sorts of dangerous Libels, to the intolerable dishonor of the Kings Majesty, and of the high Court of Parliament, and the whole Government of this Realm, and this City in particular; And conceiving it very necessary by all due means to suppress the evils growing by such unlawful selling of such Pamphlets & Libels, have thought fit, and do Ordain, That from henceforth the Laws and Custom of this City, which make a forfeiture of the goods that are carryed about the streets by way of Hawking to be sold; and also the Statutes made against Rogues and Vagabonds, shall be strictly put in execution against such vagrant persons, selling as aforesaid, being petty chapmen within the said Statutes: And for the more sure execution of the said Custom and Laws, It is by this Court further Ordered, That the Officers of the Chamber, for the offences against the Custom and Law of Hawking, and Marshals of the city, and the Constables of every precinct within this city, are hereby straightly charged to do their utmost duties in their several places and Offices, in apprehending and bringing before some of his Majesties Justices of the peace within this City, all and every such person or persons which shall offend in crying, offering or putting to sale by way of Hawking, any Pamphlets, Books or Papers whatsoever as aforesaid; whereby they may receive such punishments, as by the Custom and Laws aforesaid [Page 15] ought to be inflicted upon them. And that for neglect of the said Officers, Constables and Marshals in their duties and places as aforesaid, informations or indictments, as the case shall require, shall be preferred against them, that they may be punished for their neglect therein according to the Law.