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.
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, and4 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 ſo5 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.
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,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, together8 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.
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, as10 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 the11 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.
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 privately12 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.
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,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.
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 Commonalty14 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 aforeſaid15 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.
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