carter the stationer against the patentee about the print OF roll abridgment  in parliament the council for the patentee the order of parliament say there  be a committee appoint for the inspect the Act for the regulate the press and  to inquire if there be any illegal patent or any abuse in unlawful licensings  I will begin at the rise and occasion of the complaint I look upon the company  of stationer and printer as they be by the king incorporate and those that  have print this book be the member of the company so that they be but one  complainant we claim under letter patent Jan James the patent be grant by the  king but it do recite a patent grant may saint of the queen to white and  Norton and another patent grant Elizabeth to Nathaniel Totteridge when the  letter patent have recite they two then it do in consideration of good and  faithful service do by John more and for other good consideration grant to  John more full licence after execution of the former patent to print all  lawbook that concern the commonlaw wherein no body have a especial privilege  grant under the great seal of England this patent be now come to colonel  Atkins in the right of his wife daughter of John more and in the right of this  patent colonel Atkins and his assign do claim the sole print of all lawbook  after this in pursuance of this patent there be a agreement make with the  stationer since the return of the king there have be a bill prefer in chancery  and a decree the end of which be that the stationer shall no long print  lawbook without the assent of colonel Atkins after Mr titon and Mr roper do  undertake to print this book of roll and they be complain of in chancery the  Lord chancellor award the injunction to go against every member of the company  against this patent this decree this injunction the complainant have bring it  into parliament these query have be stir if the grant of this sole print of  lawbook be a public grievance I hold not if stop the impression of the book  call roll abridgment be licence by the judge be justifiable by our patent I  hold it be if by this patent we may print lawbook without be licence by the  judge hand and if not whether the Act for regulate the press put this  restraint upon we c I hold we may not print lawbook without the judge licence  if the decree and injunction thereupon in chancery forbid the print of this  book be just and be duly obtain I hold they be I shall speak of the king  prerogative in grant this patent and lie down these hypothesis the king by the  commonlaw have a general prerogative over carter the print press so that none  ought to print a book for public use without his licence he have a general  ownership over lawbook if the art of print have never be know this prerogative  and interest of the king in print law book be not only save by the provisoe of  the Act of parliament for regulate the press but it be confirm by it consider  print under two notion carter er p as it be a labour and exercise of the body  whereby character be engrave as it be a ready mean to convey the letter to our  public view under this last notion I take it and in that sense print will come  under the prerogative of the king the king have a general prerogative at  commonlaw though print be introduet into the realm since Richard the second  time time out of memory the publish of book and the art of write and  communicate be as ancient as time it self and at first subject to the supreme  authority the decalogue be the first write book that we have any memorial of  custos a board Aristotle physics which he write to the king and communicate  copy when he be reprove for it say I have give copy of a book which none but  Alexander and Aristotle understand the king prerogative over print be  necessary as to religion conservation of the public peace and necessary to  preserve good understanding between king and people the king be caput church  all heretic book that have be burn be testimony of the king prerogative coke  Inst c a man at commonlaw may build a church without licence for that be but a  particular expense but he can not erect a spiritual body politck without  licence he may write a book and print it without the king licence but publish  it he can bold of book be long in use before the Act for regulate the press it  concern the peace of the king and kingdom print be of a universal influence I  compare it to the building of a castle and Elizabeth c no man may make seamark  or beacon without licence and a book may raise as great a dust and alarmn as a  beacon that prerogative which the king have use time out of mind be certain  the king prerogative but time out of mind the king have use to licence some  with restraint to other above fifty patent from I Edward to this day I have a  note of one and fifty patent grant for the imprint of diverse book since  Edward time the printer and stationer be incorporate they complain against  their own charter they have patent themselves these patent be of divinity book  as commonprayer book testament and no judgement be give against they as  monopoly or grievance if a private man be peaceable in land for sixty year  this be a good prescription so for civil lawbook schoolbook almanac that be a  privilege to the stationer themselves as a corporation if the one be a  monopoly so certain be the other Inter law allure cap the commonlaw be who  falsehood hearsay in vulgus sparseri c west carter c r c though this be no  prerogative over the press yet it be a prerogative over the mean of  communicate our think now to come to his ownership as to the mechanical part  of print since his care and expense produed it it be unreasonable he shall be  deny interest therein in monopoly the invention be preserve to they that  invent it now if I can prove the king at his own price bring it into England  first then he be the first owner of it although our history do take it for a  tradition that it be bring in here in the year it be a mistake the art of  print be first at Harlem the news of it come over to h the archbishop desire  the king that it may be bring over into England which he do at his own charge  at the expense of mark first to Oxford then to saint Alban the person who they  assign to bring it be a merchant who be hire by that gentleman to who the king  do commit this care such a record be in box of the archbishop the king have a  particular prerogative over law book and so he will have have if the art of  print have never be know the reason be all the law of England be call the king  law because when he passes a bill he say Le roy veult or when it have pass  both house and the king will not pass it be say Le roy avisera the salary of  the judge be pay by the king and reporter in all court at Westminster be pay  by the king former object there be a ordinance of parliament for the print of  my Lord coke d and d institute resp notwithstanding this ordinance of  parliament the king patentee have the print of this book in spite of the  ordinance I hasten to those clause that be within the particular Act of  parliament car c its not destroy nor abrogate by that Act nun may print any  book whereof another have sole privilege to print by patent carter er p then  observe the proviso neither this Act nor anything therein contain shall extend  to prejudice the just right privilege and grant grant under the great seal or  otherwise object just right not monopoly resp why grant under his great seal  suppose if this provisoe be out of door I will then know if the king can not  have grant letter patent that such a book shall be print not licence by the  licencer I think he may there be no negative word to oust the king of his  prerogative then whatever he have before the pass of that affirmative Act it  be not take away croak Elizabeth armiger versus holland all the licence before  this Act be make by the king the word of this Act whereby the bold of book be  enact say that no man shall print a book till it be licence therefore there be  two thing in this clause No man can print a book till it be licence the  licence must pursue this Act of parliament if I bring a book to be licence by  the licencer and he will not I have no remedy not so much as a action upon the  case only a recourse to the king to make complaint to apply this although this  book be licence by the judge yet if in truth it be not licence by the carter  king to print it though the book may well be print by he that have authority  yet he that have no authority can it be one thing to licence a book to say  this book be fit for public view and another thing to say this book thus  licence shall be print by any that can get it into his hand licence to print  that go to the bookseller or printer licence to be print go to the king there  be a lease grant by colonel Atkins and my lady to the company of stationer for  term of year reserve such a rend in time of the late tumult this rend incur in  arrear colonel Atkins be in the king service when the king come in be prefer  his bill against they upon this the matter be hear and a decree then make that  l be due to colonel Atkins then they assign a agreement with the seal of their  corporation the substance of which be that in consideration colonel Atkins  will release the l they will release all their right in the lease to come  afterward come roper and titon and print this book contrary to the injunction  decree and their own consent object it be a monopoly resp true where the king  have not a prerogative object No grant heretofore ought to have be grant  unless a writ of ad quod financial loss have before go out resp if the king  have suit to a mill ration tribe which voted first he may grant it to I and a  ad quod financial loss may not be award in other case it may as in building  bridge c object prince of book by this mean will be inhanct resp that be  matter of fact No book be sell so cheap as be print by the king patentee so my  client inform I object print be a common trade if it take away the trade in  part or in the whole the patent be destroy resp it be no common trade there be  never above twenty print press at a time Ajudged for the patentee