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 Moores 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, then 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 Kings grant shall Moores 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 Priviledge hereto­fore made, or hereafter to be made, concerning Printing, so they urge, That by that Proviso the Parliament seems to pass their Judgments, that such Patents were good.

Answ. 'Tis 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 onely 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, &c. which were made at the Kings own charge, and the Bible, &c. which he purchased with his money; and such as he had the sole right of disposal, as, Acts of Parliament, Proclamations, &c.

3 Obj. They make, is, Ʋpon the Proviso in the late Act for Printing, which provides, That that Act should not prejudice the just Rights and Priviledges 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 Kings dispose by his Prerogative; because necessary for the safety and peace of the Realm, as it is said, Moors 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 Kings Prerogative, for Books of History and Policy assert the Arcana Imperii more then the Reports of Law, which the Judges upon all occasions approve or condemn: and The Case in Moors 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 Kings Prero­gative, then 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 Book-sellers as Printers must be ruined: for the Trade of the most vendible Books will be Ingrossed by the Patenttee, and so will have the true effect of a Monopoly to depauperate many Families, &c. But on the other hand, the late Act made by this present Parliament hath well provi­ded for the setling 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 Licencing of them; as for the Law, the Lord Chan­cellour, Lords chief Justices, and Lordchief Baron; for Divinity, Archbishops, &c. Whereas, if the Patenttee should enjoy this Priviledge, 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 vertue of their Patent, they may Print Law-books without the Sheppards Clerk of the Market Exact Constable The Sollicitor Tryall per Pals Compleat Attorney Compleat Clerk Wingates Abridg­ment, and many others. Licence of the Judges, &c. And accordingly have since the Act, Printed ma­ny Books lately Printed by the Patentee without License. Law-books without such Licence as aforesaid, and those very full of Errors.

And whereas it is suggested, That the Company of Stationers disowns this Complaint, and but three or four Book-sellers, and no Printers are Complai­nants, it is a notorious untruth, for there is hardly a Book-seller 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 Kings Revenue, and Colonel Atkins, the present Patenttee, hath Farmed it out but for 100 l. a year; for which inconsiderable summ, they endeavour the ruine of so many Families.

It is alledged, 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 onely 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 vertue of their Patent, they claimed the sole Printing of all Law-books, old and new, though other mens 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 Serjeant Rolls, Li­cenced and Prepard for the Press by the Lord chief Baron Hales, ( and Registred 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 Vertue 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 alledged, That Wingate's Abridgment 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 lookt 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?