Imágenes de página
PDF
ePub

to the best advantage, and every measure will be taken, that can beft tend to promote the general interefts of the commu

nity."

That this eftablishment has been attended with confpicuous fuccefs and effects eminently beneficial, no one who perufes the publications of the Board, and reflects on the increased energy with which agricultural improvement has been pursued fince its formation can doubt. The great and most extenfively useful attempt of the baronet, that of obtaining a minute. ftatistical account of the whole kingdom, could not, however, be effected. The fum allowed by government was infufficient, and as the privilege of franking was not granted to the Board, it could not fuftain the heavy charge of poftage, which must have been incurred. It was alfo found impoffible, out of the limited fum of 3000 per annum, to furnish copies of the reports to all members of either houfe of parliament who fhould apply for them, without the aid of a fubfcription of ten guineas from each.

[ocr errors]

This outline will exhibit to the reader the nature of the moft general and popular inftitutions for the diffufion of knowledge and tafte, and encouragement of the arts and fciences; but it is not to be fuppofed that it is any thing approaching to an enumeration of the vaft variety of eftablishments and undertakings which public combination and private. enterprize have formed for thefe purposes. Museums, lecturerooms, libraries, and laboratories are established in every part of the kingdom, nor is there an art, or a topic of human curiofity, which is not illuftrated and fantiliarized by lectures and models. Every town in the kingdom poffeffes either a book fociety, where publications of merit are bought by subscription for the ufe of the parties, or a circulating library, where they are purchased by the proprietor of the house, and lent to readers, in confideration of an annual or other fubfcription. Works of every description are daily iffued from the prefs, the reviews of literary productions are numerous, and conducted with fpirit and ability, and in various periodical publications, the progrefs of the ufeful and ornamental arts is accurately traced, while the great interefts, or amufing levities of human life furnish matter to a great number of daily, weekly, and other papers.

LIBERTY OF THE PRESS. The liberty of the prefs is juftly confidered one of the most invaluable bleffings attending the free and happy conflitution of Great Britain. This privilege, however valuable, must be enjoyed, like all other privileges, with fuch temperance as may prevent it from degenerating into abuse; for, in fact, they who fupport the unbridled licen VOL. III.

K

tioufnefs

tiousness of the prefs are the greatest enemies to its real liberty. Where the prefs is exempt from all reftraints, its perpetual offence becomes unbearable; irritation is fucceeded by violence; the peace of fociety is destroyed; and the majority of reasoning men find it more easy to fubmit to a tyrannical restraint, which at first gives relief, although in the end it is destructive of liberty, than to endure the miferies arifing from continual hoftility, inflamed by the rancorous effufions of a fcurrilous and unrestrained prefs. Fortunately for this country, its progrefs in this matter has not been from exceffive liberty to fevere restraint, but from abfolute flavery to the only rationa freedom that can be attained, the liberty of doing whatever feems good to the individual, fubject to the refponfibility impofed by the law. How this operates with respect to libels has been mentioned in the preceding volume.

LICENSING. A restraint on the general freedom of the prefs was empowered by the ftat. 14 Charles II. which expired in 1692; and was ever confidered as a hard law, fince it every where countenanced the king's exclufive privilege of printing, reftrained the number of preffes, rendered the licenfing of books neceffary, and impofed heavy penalties and forfeitures. By this ftatute, which recited that printing is a matter of public care, it was enacted, that no private perfon whatsoever fhould print, or caufe to be printed, any book or pamphlet, unlefs the fame fhould be firft entered in the book of the Regiftrar of the Company of Stationers in London; except acts of parliament, proclamations, and fuch other books and papers as fhould be appointed to be printed by virtue of the king's fign manual, or under the hand of one of the fecretaries of ftate; and unless the fame fhould be firft licensed by the feveral perfons therein directed; that is to fay, all books concerning the common law were to be printed by the allowance of the Lord Chancellor, the Lords Chief Juftices and Lord Chief Baron, or one of them; of history, concerning the ftate of this realm, or other books concerning any affairs of state, by one of the fecretaries of ftate; of heraldry, by appointment of the Earl Marshal, or if there fhould be no Earl Marshal, then by two of the kings of arms; all other books, whether of divinity, phyfick, philofophy, or other science or art whatsoever, by the archbishop of Canterbury, or bishop of London, or by their appointment respectively, or, in the universities, by the chancellor or vice-chancellor there, provided that the faid chancellor or vicechancellor fhould not meddle either with books of common law, or matters of state or government, nor any book, the right of printing which folely and properly belonged to any particular perfon. And the printers were to fet their names,

and declare the name of the author if required. But there was a provifo, that nothing therein fhould extend to infringe any the just rights and privileges of either of the universities, touching the licenfing or printing of books therein; nor fhould extend to prejudice the just rights and privileges granted by the king, or any of his royal predeceffors, to any person or perfons under the great feal or otherwife, but that they might exercife fuch rights and privileges according to their respective grants.

MODERN RESTRAINTS. From the time when this act expired, printing was under no controul or restraint, except the general refponfiblity for the publication of libels; nor is it at this day; but in order to prevent the clandeftine fabrication of improper publications, which might be diftributed by perfons too obfcure and infignificant for effectual punishment, the 39th Geo. III. c. 79, made to prevent the mifchiefs meditated by certain feditious focieties, recites and enacts, among other things, as follows: "And whereas the focieties aforefaid, and many others have caufed to be published in great quantities, 'ivers printed papers of an irreligious, treafonable, and feditious nature, tending to revile religion, and excite hatred and contempt of his majefty's perfon, government, and laws, and it is highly important that it fhould be known, by whom fuch papers are printed: It is enacted that every perfon having any printing prefs or types for printing, fhall cause notice thereof, figned in the prefence of, and attested by one witness, to be delivered to the clerk of the peace, or his deputy, who fhall grant a certificate thereof, for which fhall be paid one fhilling and no more; and fhall file fuch notice, and thall tranfmit an attefted copy thereof to a fecretary of state. And every person who, not having delivered fuch notice, and obtained fuch certificate, fhall keep or ufe any printing prefs or types for printing, or having delivered fuch notice, and obtained fuch certificate, fhall ufe any prefs or types in any other place than that expreffed in fuch notice, fhall forfeit 207. Provided that nothing herein shall extend to his majesty's printer, or to the two univerfities. And every letter-founder, or maker or feller of type for printing, or of printing preffes, fhall give notice of his intention of carrying on fuch bufinefs to the clerk of the peace, or his deputy, who fhall thereupon grant a certificate thereof, for which fhall be paid one fhilling and no more, and shall file fuch notice, and fhall tranfmit an attefted copy thereof to a fecretary of state and every person who fhall make or fell any type for printing, or printing prefs, without having given fuch notice, and obtained fuch certificate, fhall forfeit 201 And every person who fhall fell types for printing, or any

K 2

print

printing prefs as aforefaid, fhall keep an account in writing of all perfons to whom any fuch fhall be fold, and, fhall produce fuch account to any juftice who fhall in writing demand the fame; on pain of forfeiting 201 And every person who fhall print any paper or book, which fhall be meant or intended to be published or difperfed, whether fold or given away, shall print upon the front of every fuch paper, if printed on one fide only, and upon the first and last leaves of every paper or book which fhall confift of more than one leaf, in legible characters, his name, and the name of the city, town, parish or place; and alfo the name (if any) of the fquare, ftreet, lane, court, or place in which his dwelling house, or ufual place of abode shall be; and in default, fhall for every copy of fuch paper so publifhed or difperfed, forfeit 20. and alfo every perfon affisting therein shall forfeit the like penalty. Provided that nothing herein shall extend to any papers printed by the authority and for the use of either houfe of parliament. Nor shall any perfon who shall difperfe or aflift in difperfing any paper, printed under the authority of the head officers of any of the principal officers of state, or of any board of revenue, or the army or navy, without the regulations of the aforefaid act being complied with, previous to the paffing of the faid act, be liable to the penaltics of the faid act. And any perfon who fhall print any paper for hire or profit, fhall keep one copy thereof at leaft, on which he fall write or print the name and place of abode of the perfon by whom he is employed, and fhall keep the fame for fix calendar months next after the printing thereof, which he fhall produce to any juftice who, within that time, fhall require to fee the fame; on pain of forfeiting for every fuch neglect 20. And any person to whom or in whofe prefence, any printed paper not having the name and place of abode of any perfon printed thereon, fhall be fold or offered for fale, or given gratis, or offered fo to be; or fhall be pafted, fixed or left in any public place, or in any other manner expofed to public view, may take and convey fuch offender before a juft.ce, or may deliver him to a conflable or other peace officer to be carried before a juftice, to the intent that he may hear and determine whether fuch perfon has been guilty of any offence against this act. Provided, that nothing herein hall extend to any engraving, or to the printing by letter prefs of the name, or the name and addrefs, bufinefs or profeflion of any perfon, and the articles in which he deals; or to any papers for the fale of eftates or goods by auction or otherwife; nor to alter any rule, regulation, or provifion in any act of parliament refpecting the printing, publishing, or diftributing any newspaper, or other printed paper. And if any juftice fhall, from information

tion on oath, have reason to fufpect that any printing prefs, or types for printing, are used, or kept for ufe, without notice given, and certificate obtained as hereby required, or in any place not included in fuch notice and certificate, he may, by warrant, empower any conftable in the day time, with fuch perfon as shall be called to his affiftance, to fearch any house, room, or place, and to feize and carry away every printing prefs found therein, together with all the types and other articles thereto belonging and used in printing, and all printed paper there found. Profecutions to be commenced within three months; penalties under 20/. may be recovered in a fummary way before magiftrates; and the monies recovered are to be applied half to the king and half to the informer.

COPY-RIGHT. Originally the Crown was invested with the prerogative of granting patents for the printing of books, and this right, however injurious and oppreffive to the subject, is reserved to the king in the ftatute (21 Jas. I. c. 3.) against monopolies. This prerogative, however, was much disputed, and although many decifions were given in favour of patentees, yet the right became at length greatly restricted, and at last limited to a very small number of objects. The general rule established was, that if a book had no certain author, the king had the property of the copy, and might grant it to whom he thought fit; hence almanacks, tranflations of the Bible, and the book of Common Prayer, were bestowed by royal grant, although it has been fhaken by legal decifions with refpect to almanacks, and is frequently, and eafily evaded with respect to Bibles and books of Common Prayer.

For protection of the rights of authors to the works produced by their own induftry or genius, provifion was made by the 8 Anne, c. 19., and further extended by the 41ft Geo. 3. c. 107., and the 54th Geo. 3. c. 156. The effect of thefe ftatutes is, that the author of any book and his affigns fhall have the fole liberty of printing it for twenty-eight years, to commence from the day of publishing; and should the author survive that term, the right reverts to him for life. If any perfon within that time shall print, reprint, or import any fuch book without the confent of the proprietor, or fhall knowingly publish it without fuch confent, the offender fhall be liable to damages, with double cofts, to be recovered in a special action on the cafe, shall forfeit the books and fheets to the proprietor, who shall damask and make them waste paper, and shall forfeit 3d. for every sheet found in his cuftody, either printed or printing, one moiety to the crown, the other to him who will fue in any court at Westminster. In confideration of this protection, and for the advancement of learning, the proprietors of books are obliged, on demand regularly made, to fend a copy of every VOL. III. * K3

work,

« AnteriorContinuar »