With the growth of Leipzig as a book-producing and book-selling

centre, the privileges issued in the Electorate of Saxony assume an

increasing importance, and from 1598 we find that these electoral

privileges are being largely secured by publishers throughout Germany.

A commission was appointed by the Elector to take the supervision of

the Book-Fair, and the literary responsibilities of this electoral

commission very soon largely exceeded those of the imperial commission

sitting in Frankfort, the more particularly as, after 1627, an imperial

privilege, unless confirmed by the Leipzig commission, was very

frequently disregarded altogether by the Leipzig book-dealers. While

the imperial and the Saxon privileges are, in connection of course

with their influence upon the book-trade of Frankfort and of Leipzig,

the best known and the most frequently referred to in the history of

literary production in Germany, the encouragement given to the trade of

printing and publishing by certain so-called “particular” privileges

must not be lost sight of. An early example of this class was the

“Letter of aid and protection” (_Schirm und Versprech-brief_) which the

Elector Frederic I., as Landgrave of Alsace, in 1466, gave to master

Heinrich Eckstein, “for the purpose of furthering his good trade of

printing,” ecclesiastical and lay protection by water and by land. A

more comprehensive and more “particular” privilege was that previously

referred to which had been issued, in 1469, by the Senate of Venice

to the German printer, Johann von Speyer (Johann de Spira), under

which was given, for the term of ten years, the exclusive right to do

printing within the Venetian dominions.

Throughout the German realm, this form of the protection or

encouragement of book-production appears to have been exercised chiefly

by the imperial cities. There was evidently among the earlier German

publishers a good deal of dependence upon what would now be called the

courtesy of the trade, an understanding under which the publishers or

printers in any one State, or at least in any one town, would refrain

from interference with each other’s undertakings. This understanding

or arrangement was, however, assisted by the short-term privileges, a

protection already referred to issued by the municipalities, or their

magistrates, and forbidding interference for periods ranging from six

months to five years.

In Brandenburg, the development of the system of privileges was of

necessity retarded by the slow progress made within the electorate by

the business of book-publishing or book-selling. Between the years

1544 and 1575, the present capital of the German Empire contained not

a single printing-press (several attempts made previous to 1544 to

establish a printing business having failed), and what little printing

work it required it was obliged to have done in Wittenberg or Frankfort

on the Oder. In 1567, Johann Eichhorn, of Frankfort on the Oder,

received a privilege to carry on a printing business, which privilege

provided that within the entire Mark no competing printing-office

should be authorised or permitted.

The first book-dealer in Berlin was Hans Werner, who, in 1594,

established his printing-office and shop on the Cologne side of the

Spree. He secured from the Elector John George, “for the furtherance of

public interests,” a privilege authorising the publication of certain

works (in the main, text-books and books for Church worship) which had

passed the censorship of the Faculty of the University of Frankfort

on the Oder. Any parties reprinting these books were to be fined two

hundred thalers, half of the fine going to Werner. He also received an

authorisation to establish a bindery, in the event of the work done

for him by the existing bindery proving unsatisfactory. He was further

exempted from municipal taxes on the condition that he should not

overcharge the citizens of Berlin for his books. It is not stated by

what authority the question of overcharging was to be determined.

For twenty years, Werner’s establishment remained the only book concern

in Berlin. In 1613, he fell into disfavour with the Elector, John

Sigismund (who had become a convert to Calvinism), by refusing to

publish the writings of the Reformed Church. His privilege was not

withdrawn, but a new privilege was issued to the Brothers Hans, with

whom was associated Samuel Kalle, for the publication of religious

and theological works. The new firm received, either from the Elector

or from the municipality, a gift of sufficient lumber with which to

build its shop. By the beginning of the eighteenth century, the number

of privileged book-dealers in Berlin had risen to four, but at that

date but one, Michael Rudiger, was a publisher on his own account.

In 1702, The Orphanage Publishing Concern of Halle (_das Hallische

Waisenhaus_), a firm still in existence, was authorised to open a

book-shop in Berlin. With the exception of the productions of this

Orphanage Press in Halle, the publications of Brandenburg-Prussia,

during the reign of the first two kings, were in the main restricted to

Bibles, Hymnals, calendars, and text-books. The privileges in the new

Prussian kingdom, while in form merely authorisations for the printing

of books, covered, in fact, considerably more than such authorisations.

They included protection against reprinting or piracy, guarantees

against local competition, freedom from taxes and imposts, and not

infrequently assurances of material aid in establishing a book-business

and in carrying it through its first and most difficult period. The

earlier Prussian monarchs were evidently fully appreciative of the

importance to the higher welfare of the state of this new business of

publishing, and were ready to do whatever might be within the power of

the Government to encourage its development.

With the increase of book-production in Prussia and in North Germany

generally, we find a change in business methods, and a tendency to

separate the work of publishing from that of printing. With this change

comes a different arrangement of privileges, and a closer distinction

between authorisations or protections issued for literary productions

and concessions granted for the purpose of furthering certain trade

undertakings. The former class came to be known as “general” and the

latter as “special” privileges; they were also spoken of respectively

as publishing privileges and printing privileges (_Verlags und Drück

Privilegien_). Under the latter classification came calendars and

periodicals. Roughly speaking, the former class of privileges had for

their purpose what we should now term the protection of copyrights, and

the latter the prevention or limitation of competition. The imperial

“general” privileges continued to be substantially limited in their

range to the imperial cities, at least in so far as they carried with

them monopoly rights.

The Saxon “general” privileges were found to confuse or interfere

with the working of the Leipzig Book-Fair privileges, and with the

beginning of the seventeenth century they ceased to be issued. The

Fair privileges did not undertake to confer any “monopoly” rights for

a literary undertaking, but simply to secure for a work the right to

be offered to the book-trade of Germany, in so far at least as this

trade now concentrated itself in Leipzig. The fees for this Book-Fair

privilege went into the treasury of the Fair.

The privileges issued by the Book-Fairs or Book-Trade Associations of

Frankfort and Leipzig are peculiar in the respect that they make no

distinction between publishing and printing authorisations (_Verlags

und Drück Privilegien_). Through this lack of recognition of a

distinction which had always heretofore obtained, and also by reason

of the similar form given to the special privileges whose short terms

called from time to time for renewal, not a little confusion arose

in the work of regulating the relations of the book-trade. It is, in

fact, only surprising that the confusion and the difficulty were not

greater,--considering that general and special privileges, not only

imperial and Saxon and Prussian, but emanating also from various of

the principalities of the empire, together with the trade privileges

of the Frankfort and Leipzig Associations, were all more or less in

force for any one assortment of books that could be offered for sale

at the two Fairs. It was not until the eighteenth century that the

confusing and inadequate system of imperial and local privileges was

replaced by interstate copyright conventions which secured a uniformity

of protection for literary property throughout the States of the German

Empire.

The historian Luden says:

“The printing-press is important, not so much on the ground of its

reproduction or multiplication of copies of a written work, but because

of the assurance that these copies will be distributed. It is hardly

to be denied that in the thought of trafficking in ideas there is

something repelling from which it is difficult to free one’s mind.”[158]

When Luden was writing, the “war of liberation” had just been brought

to a close, and, for the first time since the battle of Jena, the

territory of North Germany was free from the presence of the invader.

It was less than a decade since the publisher Palm had been shot,

under the instructions of Napoleon, for printing a pamphlet in defence

of the liberty of Germany. The Weimar historian and the other German

writers of his time might well have been interested in the question of

the right of authors to secure an untrammelled circulation for their

productions. At this time, however, nearly a century after the death of

Palm, a martyr to the cause of the freedom of the Press, the imperial

Government of Germany is not yet prepared to concede such freedom to

its political critics. The Palm of to-day would indeed not be shot, but

he might be imprisoned and his Press would certainly be stopped.

It was speedily realised that while the production of books could

be developed almost indefinitely, the practicability of securing a

remunerative distribution of books would be very closely limited

unless the inadequacy of the ordinary trading regulations could be

supplemented by a special system of legislation planned to meet the

special requirements of this new object of trade.

In the beginning of the book-making industry, the printer was known

simply as printer, as it was understood without further specification

that he must also be the publisher of the works printed by him. Soon,

however, we find associated with his undertakings the names of partners

who had nothing directly to do with the book-manufacturing, but who

contributed their aid either for the sake of literary development or

for some other motives apart from the thought of business profit,

and in the lists of such associates occur the names of nobles, of

ecclesiastics, and of wealthy scholars. Later, we find record of

printing-houses of larger resources who did not need and did not

accept coöperation from outsiders; while, as a still later development

come the publishing firms who have separated themselves altogether

from the technical work of book-manufacturing and who employ only

the presses and the binderies of other concerns. With the beginning

of the sixteenth century, begins a transformation of book-printers

into simple book-dealers or publishers. This change was, of course,

however, far from being universal, but limited itself in the main to

the book-concerns of the two Fair-centres, Frankfort and Leipzig.

A little later is to be noted an increase in the number of the

publications, the risk and outlay for which were greater than could

safely be assumed by a single publisher, and in the production of which

several publishers were associated, unless the individual publisher had

secured the necessary aid from some princely friend, or occasionally

even from a corporation (like the Town Council of Nuremberg).

Erasmus, writing in the year 1523, concerning the publishing House

of Johann Froben of Basel, speaks of the three methods under which

Froben’s books were placed in the market. The smaller works, for which

the risk was not too considerable, he would publish as ventures of his

own; while for the more important undertakings, he would often secure

the aid of some outside capitalist, for whom Froben would act simply

as a commission agent. The third method was to give shares in the

venture to fellow publishers like Lachner, also of Basel, Koberger of

Nuremberg, and Birckmann of Cologne.

Even with such arrangements, however, for the division of editions

between firms having each its own special channels of distribution,

the facilities for placing books in the hands of buyers, and probably

also the actual demand on the part of any possible buyers, remained

very inadequate in proportion to the means of production and to the

pressure for production. Books which were very much wanted by a

certain number of readers, were not wanted by enough people to ensure

a remunerative sale, and hence resulted not a few disappointments,

losses, and misfortunes to printers and to publishers. Luther, in his

_Table-Talk_, makes reference to these troubles of the printers, but

believes the cause of the same to be simply the commercial greed and

lack of intellectual interest on the part of the public.

The period 1650-1764 witnessed the growth of the system of

book-exchange, under which, publishers in disposing of their

productions were obliged to accept in payment the stock of other

publishers, and the net market value of books came to be measured

in other books. This method, if it did not add very promptly to the

receipts of the dealers, had at least the advantage of facilitating

the distribution of books, and of furthering the organisation of the

book-trade. In concentrating into the hands of a single individual

the business of publishing, distributing, and retailing books, it

necessitated the giving of exclusive attention to the work of handling

books.

In the “printers’ period,” the men who interested themselves in the

management of printing ventures were very apt to interest themselves

also in other business undertakings. Döring, for instance, was in the

first place a goldsmith, and only secondly a printer. Lotter, who did

some of the first printing for Luther, kept a wine-shop and an inn, in

which he not infrequently had Luther as his guest. Cranach, in addition

to being a painter and an apothecary, carried on a shop for the sale

of books and printing-paper, and finally, in 1524, established a

printing-office, and, associating with himself Döring, entered upon the

production of a complete set of the writings of Luther.[159]

The necessity of securing for the work of a printing-office the

services of scholarly assistants for the proof-reading was speedily

recognised. Not many printers were competent to take the responsibility

assumed by the Venetian Aldus, of revising and even of annotating

the texts as printed, and many were the complaints concerning

the grievous errors contained in the earlier volumes printed in

Germany, and the unfavourable comparisons made between the work of

the German compositors and that which came from the earlier Italian

or Paris printers. Authors contended, with Luther, that the first

and chief right of an author was to have his message correctly

presented to his readers, while scholarly readers were outspoken

in their protests against the marring through the vagaries and

blunders of the typesetters of the beauty of classical texts or the

purport of theologic instruction. The better printing-houses finally

associated with their work scholarly editors who took charge, not

merely of the proof-reading but of the general supervision of the

manuscripts or texts as these passed through the press; and the work

of a “press-corrector” came to be considered as professional in its

requirements and importance.[160]

There was, nevertheless, in certain scholarly circles, a prejudice

against the receipt of money for literary work, or, as Erasmus put

it, against being paid by one’s printer. The objection of Luther to

gaining pecuniary advantage from his writings rested, however, upon the

different ground that his literary work was carried on for the cause of

the Lord and that “Christ had already rewarded him a thousandfold.”

Erasmus made it a ground for criticism upon Ulrich von Hutten that the

latter had permitted himself to accept money from his printer.[161]

Brunsel, the defender of Hutten, denied that he had ever been paid for

his writings, but contended further that if such payment had been made,

it was no reason for reproach. A workman had a right to be paid for his

work. In any case, said Brunsel, such a criticism came with a bad grace

from Erasmus, who had been under pay with Aldus Manutius of Venice and

with Froben of Basel. From the latter he was said to have received a

yearly honorarium of two hundred guldens, in payment apparently of

editorial service. There is record of a payment by Aldus, in 1508, of

twenty pieces of gold for some work done by Erasmus in revising and

preparing for the Press the text of the poems of Plautus.[162] Thomas

Murner received, in 1514, for his _Geuchmatt_ four guldens,[163]--a

sum which, as Schurmann points out, was not so inconsiderable, when we

remember that the scholar Pellican had been able to support himself

for a year on sixteen guldens.

The jurist, Ulrich Zasius, received, in 1526, from his publisher in

Basel for his _Intellectus Juris Singulares_, fifty guldens. Conrad

Gesner, writing from Lausanne in 1539, complains that he has not been

able to put as thorough work into his books as they deserved, because,

he says, “I am, like others of my class, under the necessity of writing

for daily bread.”[164] A remark of Gesner, in 1558, that the publishers

wanted big books, and were unwilling to accept small volumes even as a

gift, is of interest as indicating that, even at that early period, the

book-trade of the Continent had behind it an experience by the lessons

of which it could profit.

The relatively large prices paid as compensation for the literary

undertakings referred to in the earlier records, are evidence that

for these undertakings the initiative had been on the part of the

publishers. In the cases in which the literary suggestion came from the

authors, the compensation was usually materially smaller, or, in case

the venture did not prove remunerative, often disappeared altogether.

The question of the proper rate or extent of the compensation to

authors, was of necessity further complicated by the growth of the

exchange system, before referred to. When the publisher, out of an

edition of a thousand copies had disposed of five or six hundred, and

had received pay for the same in miscellaneous stock, a large portion

of which might remain in his warehouse for years, it was certainly not

easy to determine what portion of the edition ought properly to be

considered as having been sold, and to be so accounted for.

The custom soon arose of putting the author’s compensation into the

shape of books. Sometimes he would receive a certain number of copies

of his own work only, and sometimes, in addition, a selection of the

books against which his own had been exchanged. In the smaller number

of cases only was the author able to arrange for a portion at least of

his pay in money.[165]

The free copies of his book which came to the author were, however,

not infrequently utilised as a means of securing cash receipts. These

were the copies reserved for the patron who had “graciously accepted”

the dedication of the book. The dedications were too often not simple

expressions of personal friendship or of scholarly appreciation, but

fulsome laudations and exaggerated flatteries, which were meant to be

paid for in hard cash.

Kapp, in decrying this business of selling dedications or of printing

dedications, associates it directly with the demoralising practice

of accepting honorariums from publishers.[166] He fails, however, to

draw the inference, which appears to be a natural one, that after two

centuries of publishing (of printed books) the labours of the writers

of the books were so inadequately remunerated that they were driven

to emulate Martial and his associates of the later Augustan age and

to look to patrons (bribed with dedications) for a payment for their

productions.

The real difficulty, as Schurmann points out, lay in the necessitous

and uncertain position of the scholarly classes, who were driven to put

more labour into the writing of books than the community of the time

was prepared to compensate.

Erasmus treated with indifference the charge of von Hutten that he made

his dedications a subject of trade, and he probably had sufficient

warrant for his indifference. In the case of not a few of the works of

Erasmus, as with many other books of the time, it seems evident that in

exchange for the dedication, the “patron” of literature had provided

in exchange for the compliment the funds requisite for the printing

of the book, or sometimes even for the support of the author while

it was being written. It occasionally happened (though probably never

with any books of Erasmus) that the “patron” failed to receive the

full consideration for his services, as there are instances of books

in which the author’s dedication appears only in the author’s “free

copies,” or even only in the portion of the author’s supply which was

to be delivered to the patron. For other copies of his supply the

author might arrange with some other patron for a dedication, while in

the copies left in the hands of the publisher, still a third dedication

might be used, the earnings of which last had, under the agreement,

been reserved by the publisher.[167]

According to Kirchhoff[168] and Kapp[169] this business of selling

dedications had by the beginning of the seventeenth century reached

very large proportions. The Magistracy of the city of Leipzig made

announcement, in 1594, that they would authorise no more dedications,

having been altogether overburdened with them. In 1606, when the

philologist Goldast asked permission of the Burgomaster of Memmingen to

dedicate to him a new Commentary, he was cautioned that he would have

to content himself with an honorarium of a ducat, as the magistrates of

that place were receiving each day similar applications.

As late as 1798, the Senate of Hamburg gave notice that future

dedications of literary productions would no longer receive

acknowledgment unless written authorisations for the same had been

previously secured. An instance occurred in 1887, in which this

regulation concerning a written authorisation was relied upon with some

literalness of interpretation. A musical composition had been dedicated

to the “Shade” of the composer Hummel, on the fiftieth anniversary of

his death. A notice was issued by the poet Castelli, on behalf of the

Hummel family, that this dedication must be withdrawn unless a written

authorisation could be shown from the “Shade” of the departed composer.

According to Kapp, the practice of authors undertaking the publication

of their works at their own risk and expense (_selbst-verlag_)

developed during the same period as the dedication system, and together

with the latter, came in great part to a close towards the end of the

eighteenth century. Trade difficulties arose in connection with the

handling by the authors of the editions of their own books, as it

became necessary for them to follow the general trade practice of the

time and to accept their payment or a portion of their payment in the

stock of the dealers to whom they made sales. Feeling, however, in no

way bound by the regulations of the book-trade, they were ready to

sell this exchange stock at prices often considerably below those of

the regular book-market, a practice which naturally produced confusion

and dissatisfaction among the dealers. In this practice the authors of

Germany enjoyed a much greater freedom of action than was possessed at

the time by their brethren in France, where the organised book-dealers

had succeeded in limiting to members of their own body the right to

sell books.

How far the protests of the book-trade may have succeeded in checking

this practice on the part of the authors of entering into bookselling

business without being willing to submit themselves to bookselling

regulations, it is not easy to determine from the records available.

It is probable, however, that the most effective check was the

disappointing results secured by the authors themselves from by far the

larger portion of their publishing and bookselling ventures.

Towards the end of the eighteenth century the method of subscription

publishing, which apparently had originated in England, began to be

followed, particularly in the case of books issued directly by their

authors. Under this method, subscriptions and advance payments were

secured from subscribers interested in the undertaking and willing to

purchase one or more copies, and the moneys so advanced were expected

to be utilised in the production of the book, and were as a rule so

applied. Even publishers found this subscription method a convenience

and an advantage in diminishing the risk of the speculation in an

undertaking of importance. In the case, however, of books issued by

publishers on the subscription plan, it was not usual to receive any

money from the subscribers until the books were delivered.

[Illustration]

[Illustration]

CHAPTER III.

REGULATIONS FOR THE CONTROL AND THE CENSORSHIP OF THE PRINTING-PRESS IN

FRANCE.

1500-1700.

=Conflicting Authorities.=--The invention of printing came into

the world at a period when men’s minds were agitated by one of the

fiercest contests about ideas that history had known. This new art

gave voice and wings to thought at the very time when thought stood

for war and when opinions, under the name of creeds, were bringing men

into fierce combat with each other. Those whose beliefs were wrong

(that is to say, those who at any particular time or place happened

to be the weaker party) were burned by those whose beliefs were right

(that is, by the stronger), and questions of religion were powerful

enough to bring nations into battle against each other. To permit

the peaceable production and distribution of literature advocating

doctrines sufficiently pernicious to be themselves cause for war, would

have been not only illogical but practically impossible. It would have

constituted, in effect, failure to keep the faith, and treason to the

State.

The general constitution of society was no more compatible than

were the religious passions of the time with an unrestricted and

unsupervised production and distribution of literature. Monopoly

was, or was believed to be, an industrial necessity. Each branch or

division of industry, trade, or commerce was closely organised and

strictly limited in its range. These guild organisations, with their

accompanying prohibition of the exercise of individual and unorganised

industry, served to maintain order and to protect artisans against all

kinds of exactions, and in various other ways worked for the benefit

of the artisans and trades as associated. The guilds also rendered an

important service to the community in protecting the general public

against frauds and misdealings, for, as well from self-interest as

from public spirit, they took upon themselves the supervision of

the integrity and morality of their members. The associated trades

of printing, publishing, and bookselling came under conditions and

restrictions similar in the main to those regulating the business

of the other commercial guilds, and like these, they undertook to

establish a monopoly of the rights and privileges connected with the

manufacture and sale of their productions.

The contests and quarrels of the “regular” or guild dealers, whether

with authors, who wanted to retain the right to sell their own books,

or with religious communities, which (in continuation of their old

literary practices) claimed the privilege of using printing-presses of

their own, or with the drapers and fancy goods dealers, who wanted to

sell not only almanacs and primers (_abécédaires_) but also general

literature, or against the pedlars and street vendors, who attempted to

exercise the full privileges of booksellers, were endless; but while

differing in many details, these contests were similar in principle to

those carried on by other industrial guilds against outsiders trying to

invade their monopolies.

The official censorship of publications began with the reign of Francis

I., although there are instances in the previous reign of the issue

of certain “permits” or approvals. These earlier permits were not

connected with any conditions or restrictions imposed on the authors

or publishers. They were for the most part secured at the instance of

those interested in the publication, sometimes as a matter of prudence

or from dread of future interference, but more frequently in order to

give credit or standing to the undertaking.

According to Peignot,[170] the earliest printed book which contains

record of such official approval was printed in Esslingen in 1475. It

was a reissue of the _Tractatus Petri Nigri contra perfidos judæos_,

and bore a certificate of having been corrected and approved by the

Bishop of Ratisbon. This instance antedates the publication of the

_Phœnix_ of Peter of Ravenna (referred to by Pütter and others as the

first book printed under a privilege), which was issued in Venice in

1491.[171]

In 1515, a Bull of Leo X. (previously referred to in the chapter on

Venice) ordered that no licence should be given for the printing

of a book until it had been examined and approved by an authorised

representative of the Church. The authority of the Church to take into

its own hands the supervision of literature was, as we have seen, from

the outset contested in Venice, and was never accepted in Germany.

In France, on the other hand, the necessity for such ecclesiastical

supervision was at once admitted, with the condition that the

censorship should always be exercised under the authority and direction

of the Crown. The jurisdiction over printers and publishers, originally

conferred upon the University, continued to be exercised with more

or less effectiveness during two centuries after the invention of

printing, and traces of it existed even as late as 1789. The University

gave approval, issued privileges, and fixed penalties. An approval had

to do with the contents or character of the work, and was evidence

that it had been examined and had been accepted as containing nothing

unsound in doctrine, detrimental to the morals of the community, or

dangerous to the safety of the State.

In the earlier periods of publishing in France, the ecclesiastical

censorship as to matters of doctrine was exercised through the

Theological Faculty of the University. A privilege gave to its holder

a right (usually exclusive) to control the sales of the work specified

and sometimes of the entire subject to which the work was devoted,

for a given territory and a certain term of years. In 1498, certain

publishers printed a description of the funeral procession of Charles

VIII., in which procession the Faculty of the University had occupied

a position of honour. The printed account was inaccurate, _Super

modo incedendi_. The publishers were brought before the deputies

of the University, and after they had been heard in their defence,

their editions of the inaccurate book were condemned to be burned _in

processionibus universitatis_.

In 1518, the University issued, by means of placards posted about the

city, an edict prohibiting all publishers, under pain of forfeiture

of their University privileges and franchise, from printing the

_Concordat_ between Francis I. and Leo X. The King, indignant at such

an exercise of authority on the part of the University, wrote to the

Parliament of Paris demanding that the mandate of the University be

declared null and void, and that the Rector, Dean, and professors

who had issued the same be punished. He further directed that the

_Concordat_ should at once be delivered to good and trustworthy

printers, with instructions to lose no time in printing supplies of

the same. The Parliament decided that the University must not concern

itself with matters of state or with the affairs of the King, under

penalty of loss of its own privileges, and the printing and publication

of the _Concordat_ appear to have proceeded in due course. It must be

borne in mind that the Parliament of Paris was not a legislative body,

as might be inferred from the later use of the name, but a high court

of justice, exercising the functions of a Court of Appeals.

Several such “Parliaments” were established at different periods in the

great cities of the kingdom, but that of Paris was the most ancient

and important. Its foundation is ascribed to Louis XI., about 1150.

The Paris Parliament was originally used as a kind of circuit court,

accompanying the King wherever he went. It was, however, finally fixed

at Paris, in 1302, by Philip the Fair. Its members were at first

appointed by the Crown, but Francis initiated the practice of selling

the seats. The most important function of the Parliament appears

to have been the registration of the laws, edicts, and ordinances

promulgated by the King. The Parliament gradually assumed a certain

degree of political power, and frequently refused to register laws of

which it did not approve, and from these refusals spirited contests

arose with the Crown. The Parliament of Paris (together with all the

Parliaments of France) was finally suppressed in 1790, by a decree of

the constituent assembly. It appears from the history of this case of

the _Concordat_ that no question was raised concerning the right of the

University to control the printers of Paris, excepting as to matters

belonging to the King; while the higher authority of the Parliament was

not contested.

The first formal institution in France of supervision of publications

or literary censorship dates from the ordinance of 1521. _Lectum est

quoddam regis mandatum prohibitorium ne librarii aut typographii

venderent aut ederent aliquid, nisi auctoritate universitalis et

Facultatis Theologiæ, et Visitatione facta._[172] (Printers and

publishers are forbidden to print or to sell any work which has not

first been examined by the University authorities and received the

authorisation of the University and of the Faculty of Theology.) The

special authority given to the latter shows that it was still the risk

of heresy and schism which excited the greatest dread among those

supervising the literature of the community. The edict of Charles V.,

also issued in 1521, prescribed similar regulations for the several

countries of his dominions and made offenders against these regulations

liable to the penalties for treason (_lèse-majesté_).

Parliament exercised authority not only for the condemnation of

books (a jurisdiction which it had always claimed, even prior to the

invention of printing) but also to extend general prohibitions, with or

without conditions. As an example, an edict of February, 1525, which

was ordered to be published by heralds at the sound of the trumpet,

directed (among a number of other measures planned to stamp out the

heresies which were spreading through the realm) all persons having

in their possession copies of the Old or the New Testament, or any

portions of the same, to deliver such books to the court notaries,

and forbade all printers to print and all dealers to sell any copies

of said books under penalty of confiscation of their goods and

banishment from the kingdom. This prohibition was renewed in 1527.

In 1542, Parliament forbade the printing or selling, without special

authorisation, of the royal ordinances and edicts.

=Parliament, the University, and the Book-Trade.=--The Parliament

reserved to itself the final authority in the supervision of the

book-trade, but it occasionally thought proper to secure, in

connection with some literary undertaking of importance, the counsel

of the University. In 1523, C. Resch, a licensed publisher, having

asked for a permit for the publication of the paraphrases made by

Erasmus of the Gospels of S. Mark and S. Luke, Parliament referred

the application to the Rector, Dean, and Theological Faculty of the

University for examination and report. The report being adverse, the

application was denied. In 1523, Parliament had seized the books of a

bookseller named Louis de Berquin. They were submitted to the Faculty

of Theology and having been adjudged heretical, were duly burned.

In 1529, on similar grounds, the same fate was awarded to Berquin

himself. In 1521, two decrees were issued by Parliament forbidding,

under penalty of banishment and the payment of five hundred livres

(francs), the printing, either in French or in Latin, of any work on

Christian doctrine, or on the interpretations of Scripture, that had

not first been approved by the Theological Faculty or its deputies. A

decree of 1535 forbade the printing of any work of medical science,

which had not received the approval of three “good and notable”

doctors of the Faculty of Medicine of the University. A decree of the

same year forbade the publication of any fortune-telling books or

almanacs, under penalty of imprisonment and a fine of ten marks. A

decree of 1542 forbids the offering for sale of any book not bearing

a certificate showing that it had been examined and approved by the

clerks or deputies of the Faculty of the University having charge of

the subject to which the book was devoted. In the cities where there

was no university, these examinations, in all classes of subjects, were

entrusted to the vicars or representatives of the Bishop or to doctors

of theology.

The tendency became more marked from decade to decade to place in the

control of the Church the supervision of the entire literary production

of the kingdom. Conflicts of authority arose from time to time between

the University and Parliament, conflicts in which the advantage usually

rested with the latter body, which claimed the final jurisdiction, and

which had behind it the authority requisite to enforce its decisions.

In 1526, the University had authorised the printing of certain

dissertations against Fabri and Erasmus, written by Dr. Noel Beda.

King Francis wrote to the Parliament directing it to cause the sale of

these books to be prohibited. He added further general instructions

that Parliament must enforce the previous regulations under which

no books were to be printed or sold, either in Paris or elsewhere,

which had not first been examined and approved by the members of the

court deliberating together. The prohibition includes even such books

as might have been written by members of the University. The task

of a censorship of this kind, imposed not upon a select, scholarly

committee, but upon a comparatively large body of consultation, must

have been, as the literary production increased, one of no little

difficulty.

It would appear, also, from such record as has reached us of the

complaints of the publishers who had literary undertakings in train,

and of the scholars, instructors, and students who were waiting for the

books, that many serious and costly delays must have been caused by

the physical impossibility of securing from the Court of Parliament a

prompt decision upon the various literary schemes submitted.

It appears from the letter of King Francis, first, that the King had

sufficient sympathy with the Reformers to be unwilling to have Erasmus

attacked; and, secondly, that, even in matters of theological doctrine,

the final decision was entrusted not to the Faculty of Theology, but

to the Court of Parliament. Bayle, writing some time later, and having

a cordial distrust for the Catholic Faculty of the University of his

generation, regretted that these wise regulations could not have

continued indefinitely.[173] Chevillier, on the other hand, thinks that

the King’s confidence had been abused, and that his “_grand douceur

de caractère_” had caused him to be too gentle to those accused of

heresy. Chevillier goes on to say that the King in the end recognised

the justice of the position taken by the Theological Faculty of the

University in defence of the Church against its enemies. He got rid of

his prepossessions in favour of Erasmus, and, in 1531, he gave a direct

royal authorisation to the publisher Badius for the printing of Albert

Pio’s big treatise (in twenty-four books) against Erasmus.

In February, 1534, the King sent to the Court of Parliament letters

patent, under which the Court was instructed to select twenty-four

persons qualified and trustworthy, from among whom the King would

select twelve. To these twelve should be given, until further

instructions, the exclusive privilege of printing books. Said books

were to be printed in the city of Paris and nowhere else, and were to

comprise only those which had been already approved as required for

the public welfare. No new compositions whatever were to be licensed.

The penalty for infraction of this ordinance was death by hanging.

Legislation of this sort might be considered as somewhat discouraging

to literary production, and as evidence of increasing dread on the part

of the authorities of the intellectual activities and fermentation

which characterised the period of the Reformation.

The prohibition against the publication of any new works gives the

impression that the activity of literary or controversial production

was on the side of the Reformers, and that it was thought to be of

the first importance to restrain the publication and distribution of

the writings of the Reformers, even at the inconvenience of hindering

at the same time the publication of sound Catholic doctrine. What

the King wanted to bring about was evidently the cessation of all

religious, or rather of all theological controversy, and it was, in

part at least, due to his policy in that matter that the mass of

controversial literature produced during the Reformation was so much

smaller in France than in Germany or in Switzerland. It is to be borne

in mind that for the theological literature, and, in fact, for all the

scholarly literature of the sixteenth century, the political boundaries

did not imply, as they do to-day, barriers of language. The literary

language of Europe was Latin, and the scholars of Europe, coming,

through this common language, into direct relations with each other,

were in a better position to carry on international controversies

than would be the case to-day. There was nothing but the poverty of

buyers or the prohibitory edicts of the rulers to prevent the general

circulation among all scholarly readers of any work of importance

on the all-absorbing issues of the time. The letters patent, above

referred to, were, says Renouard, never registered by Parliament,

and it does not appear that they were ever effectively carried into

execution.

=The Beginning of Legislation for the Encouragement of

Literature.=--The restricting edicts continued through the first half

of the sixteenth century, but towards 1550, they began to include

provisions referring to the development and encouragement of good

literature.

The ordinance of March 7, 1537, provides:

1st. (in reiteration of previous acts) that no work shall be printed

in the kingdom in Latin, Greek, Hebrew, Arabic, Chaldee, Italian,

Spanish, German, French, or other tongues, which had not first

secured the King’s approval (given through the royal librarian). The

list of languages through which it was supposed that evil might be

instilled into the minds of good Frenchmen, was certainly sufficiently

comprehensive. It is difficult to imagine any very serious risk of the

dissemination of false doctrine or of the corrupting of the public

morals through the circulation of works in Chaldee.

2d. That a copy of each book when printed be deposited in the library

of the royal château of Blois, being delivered for the purpose to the

King’s trusty councillor and treasurer, the Abbé Réclus Mellin de

Saint-Gelais, librarian of said château, or to one of the deputies to

be appointed by him for the purpose in each of the universities and

important cities of the kingdom, a certificate being given as evidence

of the delivery of the book.

3d. That a copy of each book printed abroad, and which it was desired

to offer for sale in France, should, in like manner, be submitted for

inspection, and that its sale in France could be authorised only if

said book should be found worthy of being placed in the Royal Library,

this inspection being necessary for the purpose of avoiding the risk

of introducing into the kingdom works containing wicked errors such as

have heretofore been found in books imported from abroad.

If copies of these imported works were certified as fit for sale in

France and as worthy of acceptance for the Royal Library, the librarian

was to make payment for them at the same price as that charged to

others. The ground given for the collection in the Royal Library of

copies of all works issued in France or imported into the kingdom, was

the importance of preserving for future generations valuable literature

which might otherwise have disappeared altogether from the memory of

man, or which might in later issues have been altered from the original

and accurate text. This edict of 1537 may therefore be considered as

the first step towards the formation of a library for the preservation

of the national literature. It was also the earliest example in France

of the securing an authorisation for the publication of a book (a

concession that was not yet a copyright and was not always even a

privilege) in consideration of a tax imposed for the benefit of the

nation, said tax comprising a single copy of the work authorised.

On March 20, 1537, appeared a second ordinance giving further details

of the new measures. The preamble is worth quoting, because it sets

forth clearly the main purpose which was kept in view in all these

earlier regulations of literary production, namely, the restriction of

the circulation of error and the assuring of the defence of the holy

faith against the assaults of heretics:

_François, etc. Comme, par tous les moyens que possible a été, nous

avons obvié et empêché que les erreurs et infidèles interprétations

déviant de notre sainte foi et religion chrétienne ne aient été reçues

en notre royaume._... An ordinance of 1538 appoints Conrad Néobar

printer for the King in Greek, under the following conditions:

1st. Religious works must secure the approval of the Faculty of

Theology, and profane works that of the Faculty of Belles-Lettres.

2d. A copy of each work printed must be given to the Royal Library,

_afin que, si quelque calamité publique vient à affliger les lettres,

la postérité puisse trouver là une ressource qui permette de réparer en

partie une perte des livres_.

3d. That each book issued by Néobar shall contain the announcement that

he is “printer to the King” and that his Greek printing-office has

been instituted under the royal protection, _afin que non seulement ce

siècle, mais aussi la postérité, comprenne avec quel zèle et quelle

bienveillance nous avons traité la litérature, et que la postérité,

avertie pas notre example, croie devoir faire de même, pour constituer

et encourager les études_.

In order to guarantee Néobar against the risk of loss, as the demand

for books in Greek was hardly likely to prove remunerative, the King

agreed to pay him per year the sum of one hundred gold crowns, equal

in currency to about two hundred dollars, but representing, of course,

at that time, a much larger purchasing power. Néobar’s business was

also to be free of taxes, and to enjoy the other privileges previously

accorded to the publishers of the University. Other printers and

publishers were forbidden to print or to import editions of the works

issued by Néobar, he being granted an exclusive monopoly or copyright

of five years for books which were first published by him, whether

these were the productions of modern scholars or were taken from old

manuscripts, and of two years for books which had been reprinted by him

in revised and more complete form from earlier editions.

The fury of civil war and the bitterness of religious dissension,

continued to give a special character to the laws affecting printing

and publishing and to the enforcement of these. There were also

instances in which the severities of the courts preceded those of the

legislators. In 1545, the records of the _Chambre syndicale de la

librairie_, the sub-court charged with the control of publishing, show

that a certain Étienne Polliot was sentenced for importing and selling

heretical books. He was compelled to carry a bundle of his publications

to the market-place, where he and his books were burned together. In

1546, the publisher Étienne Dolet, himself the author of a number of

books, published in both Latin and French, was burned in the Place

Maubert, for his obstinate persistence in the heresy of Calvin. Dolet

is credited with having uttered at the stake the following line: _Non

dolet ipse Dolet, sed pia turba dolet._ [It is not Dolet who grieves,

but a pious crowd (of witnesses).]

The ordinances of 1557 and 1560 punished with death, as guilty of

treason, the authors, printers, publishers, and sellers or distributors

of books which had been condemned as pernicious or libellous. The

declaration of July 17, 1561, sentenced to the penalty of the lash

for the first offence and to that of death for the second, all

printers, sellers, and distributors of inflammatory or libellous

publications. Letters patent of 1563 fixed the penalty of hanging

or strangling for the offence of printing a book without the royal

authorisation. The often quoted ordinance of Moulins, of 1566, renews

the same prohibitions, which were further confirmed in 1570, 1571,

1586, and later. It is not easy to understand why such reiteration of

prohibitions and of penalties was required, or why the provisions of

any particular ordinance, or letters patent, should not have remained

in force until repealed, or at least until the close of the reign.

This ordinance of Moulins, issued by Charles IX., brings together under

one heading _privileges_ and _permits_. It is often referred to as

forming the beginning of the copyright system of France: _Défendons

aussi à toutes personnes que ce soit d’imprimer ou faire imprimer aucun

livre ou traité sans notre congé et permission et lettres de privilège

expédiées sous notre grand scel, auquel cas aussi enjoignons à

l’imprimeur d’y mettre et insérer son nom et le lieu de sa demeurance,

ensemble ledit congé et privilège, et ce sur peine de perdition de

biens et punition corporelle._

Monsieur Vitet[174] is of opinion that the wars of the League had

some influence in securing a certain freedom for publishing. The

government of the League did not undertake to free from restrictions

the printing-presses of Paris. It prohibited them, however, only from

such undertakings as seemed likely to prove of service to the enemies

of the League. On the other hand, there was at Tours a government which

was hostile only to such writings as were not royalist, and at Geneva

another government, the censures of which affected only that literature

which was not Protestant. Through these three limited censures came

into existence three fragments of publishing freedom. The power of the

printing-press in influencing public opinion may, as far as France is

concerned, be said to date from this period. Without question, during

the previous twenty years, the larger portion of the publications of a

religious, theological, and controversial character had come from the

side of the Protestants. Their mission was to preach and convince as

well as to fight, and the printing-press was as necessary to them as

were their muskets. The controversial writings were, however, largely

left unanswered, and their authors were reduced to the publishing of

monologues and, finally, for a time at least, to the abandonment of the

Press as an active agent in the contest.

On the other hand, when the Catholics, associated together in the

organisation of the League, had established themselves as a military

power, they undertook not only to extirpate Protestantism, but to

speak to the world more energetically and more authoritatively than

the Protestants had done. Nothing is more contagious than speech,

especially if such speech take upon itself a controversial form. As

soon, therefore, as the presses of the League became active, those of

the Protestants renewed their own activities, so that the civil and

religious wars had the double effect of freeing the printing-presses

from a large proportion of their previous restrictions, and of

increasing enormously the amount of the literary production of these

presses. It is to be noted, however, that production was for the time

limited almost exclusively to works in the department of theology,

while the publication of Greek, Roman, and Italian classics, no longer

encouraged by University supervision or by royal bounty, was naturally

checked. The grand campaign of the pamphlets was most active during the

years 1588-1589, after which the ardour of the pugnacious pens appears

to have slackened, until, in 1594, the victors terminated the contest

with the final pamphlet of the series, a Menippean satire, which is

said to have been no less useful to Henry IV. than the battles of

Arques and of Ivry.

The Edict of Nantes, which bears date 1598, contained a special

provision concerning the circulation of publications favouring the

so-called “reformed religion”: _Ne pourront les livres concernant

la dite religion, prétendue réformée, être réimprimés et rendus

publiquement qu’ès villes et lieux où l’exercice public de la dite

religion est permis; et, pour les autres livres qui seront imprimés

en autres villes, seront vus et visités tant par nos ordonnances.

Défendons très expressément l’impression, publication et vente de tous

livres, libelles et écrits diffamatoires, sous les peines contenues en

nos ordonnances, enjoignant à tous nos juges et officiers d’y tenir la

main._[175]

The essential point of this provision appears to be the restriction

of the sale of Protestant books to certain cities and districts (the

list of which is given elsewhere in the Edict), in which the public

exercise of said religion was authorised. It is worth noting, however,

also, that these Protestant books are practically classified as

libels and inflammatory writings. The difficulties in the way of the

authors and publishers of such books must have, at the time, been very

considerable. It does not appear that any provision was made for the

circulation of such publications between the cities in which they were

permitted to be issued, as such circulation must, of course, have taken

them across the “good Catholic” territory, within the boundaries of

which these Protestant books were incendiary libels. There could in

but few cases have been any possibility of securing within the limits

of any single Protestant city, such, for instance, as Rochelle, a

sufficient sale for a book to render its sale remunerative, or even to

return the outlay required; while there were no university funds or

royal bounties within the reach of Protestants with which to facilitate

the publication of unprofitable works. There is little probability,

therefore, that for the Protestant works published in France during

this period the authors were able to secure any compensation whatever,

while for the majority of such books the authors or others interested

must themselves have provided the investment required.

An enactment of 1618 codified the various separate regulations for the

supervision and control (_la police et la discipline_) of the business

of printing and of publishing. Among the previous regulations which

were repeated in detail in this enactment were those dating May, 1571,

the substance of which is as follows:

“The master printers now doing business in the city of Paris,

shall choose each year two from among their number with two of the

twenty-four master publishers certified (_jurés_) for the same year,

the functions of whom shall be to prevent the printing of any work

of a libellous or incendiary or heretical character; and to insure

the correctness and satisfactory quality of the editions which may

be printed in each city of the realm.” This last responsibility was

understood to cover not only an approval of the quality of the paper

and the presswork, but also a careful supervision of the correctness

of the type-setting and of the quality of the type, which must not be

worn (_trop usée_), and if these supervisors find errors calling for

reprimand, they are to make report of the same before either a civil or

a criminal judge according to the nature of the fault.

The said publishers are limited in the prices they are permitted to

charge for their publications, the price per sheet for works in Latin

(not including notes in Greek) not to exceed ten deniers, for works in

Greek not to exceed six deniers. There is a further clause providing

for a proportionate reduction in the schedule of prices specified,

whenever in the judgment of the Rector, deans, masters, and twenty-four

certified publishers of the University, a lessening of the cost of

production or of handling may justify such reduction.

In 1587, an order in council confirmed the exemption of the

book-business from all subsidies and from customs duties and municipal

tolls and taxes. In 1617, the Syndic and directors of the Guild of

publishers, printers, and binders submitted a request to the Provost

of Paris to be authorised to select for a special commission to take

into consideration the condition of the book-business, six certified

publishers, six non-certified publishers (practically book-dealers),

and six printers. To this commission were joined the Syndic of the

Guild and four of its board of directors, and under its recommendations

and as a result of investigations extending into the following year,

were drafted the regulations embodied in the letters patent of 1618.

The preamble says:

_Et d’autant que, parmi le bruit et l’insolence des armes, ceux qui

font profession des bonnes lettres ont été les plus oppressés et comme

réduits à néant, nous avons, en ensuivant les anciens vestiges de nos

prédécesseurs, apporté tout le soin à nous possible de les rétablir en

leur première splendeur, principalement en ce qui regarde notre fille

âinée, l’université de notre bonne ville de Paris_, etc.

It is to be noted that the profession of letters is made practically

synonymous with the University of Paris. The statutes contain

thirty-eight articles. The first confirms the franchises and immunities

of the Guild of publishers, printers, and binders.

Articles 2, 5, and 11 give consideration to the subjects of

apprenticeship, the admission of associates and of masters, the

obligation (for each master) of keeping not less than two presses in

running order, the rights of widows, etc.

The twelfth article prescribes that all printers and publishers must

print their books in handsome, legible type, carefully corrected, and

on good paper, and that each volume must bear at its beginning or

end the name and trade-mark of its publisher, and the record of the

privilege and permit under which it is issued; and in case the book has

been printed without permit, the entire edition is to be confiscated,

in addition to further penalties.

Article 13 provides that printers or publishers who issue books of

a libellous or defamatory character, shall be deprived of their

privileges and immunities, and shall, thereafter, be enjoined from

exercising the trade of printing or book-selling.

This article, however, was not intended to trench upon the sphere

of penal legislation. In this same year, 1618, a poet named Durand,

convicted of having written a libel against Louis XIII., was condemned

to be broken on the wheel and afterwards burned. Two brothers,

Italians, were executed with him, for having translated the book into

Italian.

Article 15 specifies that two copies of each book published were to

be deposited in the Royal Library (an increase of one copy over the

requirements of the enactment of 1571), one copy was to be given to the

Syndic, apparently for use in the Guild library, and four copies could

be retained for the printers and their associates.

Article 16 provides that for the future not more than one publisher,

one printer, and one binder should be admitted each year to the Guild,

the purpose being to reduce the membership of this.

Article 17 provides for the election each year of the Syndic and of two

of the deputies.

Article 18 gives consideration to the examination of books by the

syndics, to the restrictions to be placed upon the trade in France of

foreign book-dealers, to colporteurs, book-sales, etc.

Article 19 provides for the seizure of unauthorised foreign reprints of

French books.

Article 30 forbids any single individual or firm from having more than

one shop or printing-office, which must (doubtless for the greater

convenience of official supervision) be within the precincts of the

University.

Article 31 forbids the sale of books in book-stalls and book-carts.

These last two prohibitions were considered of sufficient importance to

be repeated in a separate act issued in 1630. They were directed more

particularly against the practice which was increasing among certain

persons of quality of keeping printing-presses in their houses.

Article 32 forbids, under penalty of confiscation of goods and 3000

francs fine, the printing outside of the kingdom of any work to be

issued with a French imprint, or the disguising or concealing of either

the publishing imprint or the record of the place of manufacture.

Article 38 provides that each publisher, printer, and binder must be

sworn before the Provost of Paris, or his deputy, in the presence of

the _procureur_ of the King.

The noteworthy changes brought about by the enactment were: the

reduction in the number of authorised publishers and printers, a

reduction to be brought about by the limitation of the new members to

one of each class per year, the transfer to the Provost of Paris of a

function heretofore exercised by the University, and the restriction

of the printing-presses in such a manner as to facilitate the police

supervision of the authorities.

=The Relations of the Crown to Literary Production and the Attempt of

the Church to Secure a Portion of the Control.=--The tendency of all

the enactments during the previous thirty years had been, as we have

seen, to concentrate in the hands of the Crown, acting directly through

its own subordinates, the control of literary production.

From time to time, however, the Court of Parliament reasserted its

claim to the exercise of a joint control with the King, and the

declaration of 1612 appears to have been issued in order to put an end

to any such claims.

_Défendant très expressément a nos âmes et nos feaux conseillers,

maîtres des requêtes, et gardes des sceaux de nos chancelleries, et de

nos cours de parlement, donner aucune permission d’imprimer livres ou

écrits, sur mêmes peines que dessus contre les imprimeurs ou librairies

qui auraient obtenu telles permissions._

Authorisation to publish was from this time on dependent on the

securing of permits sealed with the royal seal.

In 1624, four royal censors were instituted by letters patent. Two of

them were to have each six hundred livres a year, and the others, four

hundred livres. The first four censors, André Duval, Pierre Quedarne,

Jacques Messier, and François de Saint Père, were all doctors of the

Theological Faculty of Paris. The privilege of filling such vacancies

as might occur in the board was in the first place given to the College

of the Sorbonne. Notwithstanding this selection of the board from the

members of its own Faculty, the University, or at least the theological

division of the University, was seriously dissatisfied with losing its

ancient privileges of controlling directly the examination of religious

literature. In 1629, fresh regulations were issued by the Crown in

connection with the censorship, under which, works submitted for

publication, instead of being examined by a board appointed in advance,

were passed upon by censors particularly designated for each work by

the Chancellor or the Privy Seal. In 1658, the Chancellor Séguier

had designated three readers or examiners who again appear to have

constituted a permanent board.

Notwithstanding the edict of 1629, the Theological Faculty of the

University continued to claim the right to pass upon all publications

of a religious character. This right was also recognised in ordinances

of a later date, and the examinations of the Faculty were held

concurrently with those of the royal censors or of the deputies

designated by these. Under the ordinance of 1629, the publisher or

author seeking a permit to print was obliged to submit for examination

two complete copies of his manuscript, a requirement which could be

modified only under the authority of the Chancellor or Privy Seal.

The general result of the ordinance of 1629 was not in the direction

of freedom for the printing-press, but there were certain advantages

secured by the writers and makers of books in having consolidated into

one code restrictions and regulations which had heretofore existed

in isolated letters, ordinances, and edicts. The creation of royal

censors, an act harmonising with the centralising tendencies of the

times, may be understood also as a recognition on the part of the Crown

of the increasing influence of literature, and of the importance of

bringing literature into direct dependence upon the authority of the

monarch.

The founding, in 1635, of the French Academy, had an important

influence as well upon the organisation of authors as upon the

relations of these with the Crown. It was the general scheme of

Richelieu, continued later by Louis XIV., in the first place to put

literature exclusively under the authority of the Crown, and secondly,

through privileges and favours, to secure its support for the interests

of royalty. It is evident that the King, or at least the King of this

date, neither created nor extended the supervision of literature, for

the idea had as yet occurred to none that the printing-press could be

left free. There was also, probably, no deliberate purpose to bribe

or corrupt the authors of the time. It was, however, no new idea for

men of letters to be dependent upon the favour of princes, and there

was, it is fair to remember, a certain direct advantage for literature

as well as for the Crown in adding to the social position and general

welfare of writers. While the edict establishing the Academy bore the

date of 1635, its incorporation was completed only by the _lettres

de cachet_, of July 10, 1637. In these letters appears the following

curious restriction:

“Provided, namely, that the members of said Assembly and Academy

shall concern themselves only with the history, embellishment, and

development of the French language,” a restriction which was evidently

acted upon, later, with considerable breadth of interpretation.

In 1686, a further enactment for the supervision of publishing and

printing was recorded in the Parliament of Paris. In this were

repeated the several provisions in the enactment of 1629, with the

following modifications: Three complete copies, instead of two, of

each book printed, should be deposited, and no additional printer

should be admitted into the Guild until the number of master-printers

had been reduced to thirty-six. There was also a provision forbidding

publishers from carrying on a printing business under their licence

as publishers. The board of control of the Guild is given special

authority for the examination of works imported from abroad, with the

purpose of preventing the circulation in France of _Livres ou Libelles

diffamatoires contre l’honneur de Dieu, le bien et répos de notre

état, ou imprimés sans nom d’auteur, ou du libraire, ou des livres

contrefaits sur ceux qui auront été imprimés avec privilége_, etc.

In the same year appeared an enactment, under which the bookbinders

and gilders were separated from the Guild of publishers and printers.

As in 1618 and in 1649, the University found ground for complaint

that these regulations had been framed without its participation. It

secured the appointment of a commission of State councillors to examine

into its complaint, but the report of the commission was adverse to

the contention of the University. Of its old responsibilities and

privileges for the supervision and control of literary undertakings,

there rested now with the University only certain inconsiderable forms,

and the restriction upon printers and publishers to carry on their

business in the University quarter.

The issue of permits and the charges to be paid for the same, were

regulated by letters patent of 1701, the provisions for pamphlets being

made different from those for books. The authorisation for the printing

and publishing of books was, as heretofore, to be granted under the

great seal. The authorisation for the printing of pamphlets was to

be given by the local magistrates, and after an examination of the

material by inspectors appointed by the magistrates for the purpose. A

pamphlet was defined to be a work containing not more than two sheets.

When the permit given under the great seal included a general privilege

securing for the publisher the exclusive control for the kingdom of

the work issued, the sum paid for the same was to be determined by the

general tariff of the great seal.

When the permit gives control over a limited district only, the

charge is made but one third of that for a general privilege. If the

authorisation includes no privilege, either general or limited, the sum

paid for the same shall be five livres.

When the works are published in series, the different parts of

which are issued at different times, each part must be examined and

authorised for itself; and each examination must in any case include

the prefaces, dedications, and supplements.

The “general privileges” associated with permits, referred to in

these letters, are not to be confounded with another class of general

privileges which were from time to time conceded directly by the Crown

either to individuals or to associations or companies as well for works

already composed as for those still to be written. This latter class

of royal privilege was abolished, and those in force at the time were

revoked, by orders in council of 1659 and 1686. An exception, however,

was made as late as 1714, in the case of certain general privileges

accorded by the Crown to the Academy of Letters, and to the Academy of

Painting and Sculpture.

A contest arose, in 1702, between the Chancellor de Pontchartrain and

the higher clergy on the question of certain general privileges which

the bishops claimed to be still in force. The bishops, possessing

already an unquestioned right to print, without special permits,

their episcopal charges and letters, and also the catechisms used for

the instruction of the young people of the diocese, thought they

could take advantage of the ardour of the King against Jansenism and

Quietism, gradually to extend their privileges so as to make these

include all works of a devotional character.

The Chancellor refused to give consideration to any such claims and the

resulting disputes continued over some years. The bishops contended

that, being themselves the final judges of the doctrines of the

Church, utterances made by them, or utterances or writings accepted by

them, could not with propriety be passed upon by others who were not

authorities upon points of doctrine.

The Chancellor simply maintained the binding force of the old

regulations, and took the ground that, while the Government would

always require the counsel of the bishops on literature involving

points of doctrine, the final decision as to the advisability of the

publication of any particular work must, as heretofore, rest with the

Crown. He undertook further to take all necessary measures to prevent

the publication of any works which might appear to be inimical to the

liberties of the Church of France.

Madame de Maintenon gave the weight of her influence in favour of the

bishops, the question having come up in tangible shape in connection

with certain works that the Bishops of Meaux and of Chartres had

written in controversy with a certain prolific writer named Simon, and

which were now in readiness for the press.

The King dreaded exciting the ire of the Jesuits and dreaded also,

says the chronicle, the risk of putting Madame de Maintenon into a bad

temper. He avoided, therefore, making a decision, and contented himself

with expressing the wish that the parties would arrange some adjustment

of the difficulty. An adjustment was finally arrived at, under which

the bishops withdrew their pretensions concerning the general oversight

of doctrinal literature, but reaffirmed their right (which had never

been disputed) to have their counsel taken before permits were issued

for any works of this class. The privilege was accorded to them (this

concession being practically the sole result of the issue) of printing

and publishing, without official permit, works written by themselves.

The control of documents concerning ritual and of catechisms was also

left in their hands.

Disputes subsequently arose concerning the interpretation of the

authority for the publication of works written by the bishops. They

themselves and their Jesuit allies, with the powerful aid of Madame

de Maintenon, contended that this authorisation covered all doctrinal

literature. The Chancellor, on the other hand, maintained that it was

limited to missals, rituals, books of the liturgy, and other official

volumes connected with the service of the Church. A formal decision

does not appear to have been arrived at, but in the subsequent practice

the view of the Chancellor was in the main adhered to.

Bossuet wrote to the King, to Cardinal de Noailles, and to Madame

de Maintenon several indignant protests concerning the attempt of

the Chancellor to control the utterances of the Church. It is not to

be thought of, says Bossuet, that the Holy Church of Christ shall

be compelled to submit, for the examination of magistrates, its

decrees, catechisms, and spiritual teachings upon matters which would

be confined strictly to the instructors of their flock. The Church

must be left free to print, sell, and distribute its prayers and its

instructions to its children and its ministers. The responsibility

that has been placed in the hands of the rulers of the Church for the

preservation of the faith and for the instruction of the people in

this faith, comes to them from Christ himself, and any attempt to take

away or diminish this responsibility is an attack upon the faith and

an intention to humiliate the Church.[176] The King, influenced by the

pleading of Bossuet, finally brought himself to a decision, which,

while not covering all the questions involved, gave to the bishops

whose works were at the moment under consideration the satisfaction

claimed. To the Bishop of Chartres was accorded, in 1703, a general

privilege for the term of ten years covering all breviaries, missals,

diurnals, antiphonals, graduals, processionals, episcopal letters,

psalters, hours, catechisms, ordinances, statutes, and pastoral

instructions which were required under the general usage of the

diocese.[177]

[Illustration]

[Illustration]

CHAPTER IV.

THE BEGINNINGS OF LITERARY PROPERTY IN ENGLAND.

1474-1709.

IN the preceding studies of the varying relations to the Government and

to the community of literary productions and of the gradual development

under the extension of the system of local privileges of the policy of

protecting and encouraging literary production, but little reference

has been made to the publishing methods and the conditions of literary

production in England. It was in fact the case that during the first

two centuries after printing, the conditions in England had very little

influence upon the development of any European system for controlling

or protecting literary production. The work of the earlier English

printers was, as we have seen, addressed much more to the tastes of

the local public than to the requirements of the scholars of Europe,

and while a certain proportion of books were, in England as on the

Continent, printed in Latin, this proportion was much smaller than with

the undertakings of the contemporary publishers of Holland, Germany,

and France.

While increasingly large importations were made from year to year,

more particularly from Paris, Amsterdam, Basel, and Cologne, of books

needed for use in Oxford, Cambridge, and London, the export during

these two centuries for Continental sale, of books printed in England,

was but inconsiderable. In the matter of legislative enactments, or

of the policy of the State towards literary production, we have seen

Paris following to some extent the precedents set in Venice. Upon this

same general system of privileges for short terms and for limited

territory, privileges gradually extended to longer terms and to cover

additional States. The earlier practice in Germany had on the whole

also been based upon the Italian precedents. Holland was the first of

the European States to issue privileges without conditions depending

upon censorship, but apart from this very essential distinction, the

Dutch privileges were, in form, very similar to those of Venice and

Milan. In no one of these countries does any particular attention

appear to have been given to the methods and practices of England, and

the English system for the regulation of literary property, a system

which grew up in connection with the practical monopoly given to the

Stationers’ Company, appears to have taken shape (English fashion)

with very little, if any, reference to Continental precedents. The

Stationers’ Company received its charter, by royal decree, in 1556

(two years after the marriage of Queen Mary to Philip of Spain). It

constituted an organisation of the printing and publishing trade of

London which assumed to represent the publishing interests of the

country. The Company differed from the book-trade association of

Paris in that it had no direct connection with either of the two

Universities, and held its authority directly from the Crown. The

_libraires jurés_ of Paris were, it is to be remembered, members of

the University, and the regulations governing their operations formed

part of the law of the University. The members of the British Company,

on the other hand, were manufacturers and traders who had received

directly from the Crown a monopoly of the business of printing books,

and the regulations formed for them and by them required only the

approval of the royal authorities or representatives of the Crown,

and when this had been given, these regulations became the law

for the control of the book-trade, and for the control also of the

literary property (the property in “copy”) that was, from year to

year, coming into existence and increasing in importance. The basis

of the authority of the Stationers’ Company was the theory that all

printing was the prerogative of the King. While this theory was never

pushed to its logical conclusion, it secured a certain foundation in

the direct ownership and monopoly asserted and enforced by the Crown

in the printing of certain classes of literature which formed the

most considerable and remunerative of the earlier productions of the

English Press, such as prayer-books and other works of service of the

State Church, of which Church the King was the head, the editions

of the Bible, the cost of translating which had been borne by the

Crown, almanacs (on the ground that they were abstracted from the

prayer-book), year-books, Acts of State, etc. The assigns of the royal

copyright in almanacs were not always, however, able to support their

claim to an exclusive control. Scrutton cites one case (among several)

in which this claim was overruled.[178]

The printers did not attempt any opposition (which would in any case

have been futile) to these contentions of the Crown. They purchased

patents or privileges for the production of the King’s books or

publications owned by the Crown, and they found it to their advantage,

at a time when the Crown was all-powerful, to strengthen their position

with the community at large by securing the royal sanction and a royal

grant for the undertakings to the originating of which the Crown could

make no claim. Such property-right as could be said to exist in these

last was also derived from the royal grant. The distinctive feature

in the development of literary property in England may be said to be

the all-important part claimed and exercised by the Crown in its

creation and protection. I do not find in any other State of Europe a

parallel to the relation of the Crown to the beginnings of copyright.

Even in France, where the supervision of the Press passed eventually

into the direct control of the King, the royal edicts and privileges

give the impression rather of defining and of limiting than of creating

property in the “copy.” I do not overlook the contentions that came to

be argued out at a later date concerning the existence of copyright as

a property at Common Law, an existence apart from and independent of

a royal edict or of a legislative statute. I am merely pointing out

the actual form given to these preliminary undertakings of the English

printer-publishers, under which form they secured directly from royal

authority the right to hold and to defend their “copy.”

I will recall for the purposes of this summary, that the first

privilege in England bears date 1518, and was issued to Richard Pynson,

King’s Printer, the successor, second in line, to Caxton. In 1504, we

find the first record of the office of “Printer to the King,” when

William Faques placed on the title-pages of his books the term _Regius

Impressor_. The office apparently continued in existence, with rather

varying functions, until the revolution of 1688. The successor of

Faques was Richard Pynson, and he was the first English printer to use

the term _cum privilegio_, which appears on the title-page of one of

his books in 1518. The full wording of this privilege is worth quoting:

_Cum privilegio impressa a rege indulto, ne quis hanc orationem intra

biennium in regno Angliæ imprimat aut alibi impressam et importatam in

eodem regno Angliæ vendat._ This privilege gives a monopoly, for the

term of two years, for a certain _Orationem_. The date is fifteen years

later than that of the first privilege issued in France. The shortness

of the term is to be noted, the majority of French and Italian

privileges of this period being for from five to ten years. Pynson

prints on his title-pages simply _cum privilegio a rege indulto_,

without any reference to limit of term. In 1530, a privilege of seven

years is granted to an author in consideration of the value of his

work, and this appears to be the first record of an English copyright

being granted to an author.[179]

The first dispute about English copyright of which we have record,

arose about 1530, when a printer named Trevers reprinted, without

authorisation, a work the privilege for which had been issued to Wynkyn

de Worde. The preface to Worde’s second edition, issued in 1533,

contains a vigorous complaint at this piratical interference with his

rights, but does not inform us what steps, if any, had been taken to

defend these rights. Scrutton does not mention the name of the book,

but it was probably _The Mirroure of God for the Sinfull Soule_.

Royal privileges continued to be issued during the sixteenth century,

while after 1556, the entries in the registers of the Stationers’

Company are made evidence of the exclusive rights to the persons named

for printing the book specified. Finally the privileges issued by the

King came to an end, being superseded by the registers of the Company.

The King’s privileges had been for specific, and usually for quite

brief, terms. The entries of “copies” on the Stationers’ registers made

no specification of terms, and such property rights as were indicated

or initiated by these entries were, therefore, for an indefinite term

and could be claimed to be in perpetuity. These Stationers’ Hall

entries were in certain respects similar to the records in the Land

Office of a western Territory or in the County Clerk’s office of a

State, records which serve as final evidence of the title or ownership

of the lands specified. The copyright registers served as do the land

records, for the transfers of ownership as well as for the original

certificate of ownership, and with the “copies” as with the parcels of

land, the ownership was understood to be based on the Common Law, and

to be in perpetuity. The King’s patents or grants for the “copies,”

the ownership of which, as previously specified, was claimed by the

Crown, continued to be given for specified terms, to certain favoured

individuals selected as “Printers to the King.” Apart from these books,

the specification of a limited term for the control of any particular

book ceases with the close of the royal privileges.

As before stated, the Stationers’ Company, in giving title to property

in a “copy” or literary production, acted as the representative of the

authority of the Crown, an authority which had, it was claimed, been

bestowed upon it by the royal charter. Under this royal authority,

the Stationers’ Company possessed for a long series of years the

monopoly of printing throughout the United Kingdom. Printing could

be done only by the members of the Company, and the by-laws adopted

by the Company for the regulation of printing, in so far as they did

not conflict with the statutes of the kingdom, became part of the

law of the land.[180] The purpose of the earlier English ordinances

concerning printing, and of the ordinances establishing the Stationers’

Company itself, was specified in substance as follows: “The order and

regulation of printing and of printing-presses in the interests of

Church and State.”[181] The operations of an association of printers,

an association which owed to the Crown its existence, its authority,

and the property rights in its valuable monopoly, could be supervised

and controlled to an extent that would not have been practicable with

the undertakings of printers acting independently. With reference to

the maintenance of the royal authority, it was certainly wise policy

for the Crown thus to secure and to maintain an effective control over

the work of the printing-press, this new instrument for influencing

public opinion. The later effect of this royal absolutism was,

curiously enough, to secure an earlier and more definite recognition in

England than was reached in any other country, for property in literary

production, and for the right of literary producers to control and to

enjoy the results of their labours. The fact that there was a property,

without limit or term, in the “copy” of a literary production, that

is, in its copyright, was understood to have been established by the

evidence of the Stationers’ registers, and by the assured practice,

extending over a series of years, of authors, printers, and publishers.

The control of the work of the Stationers was, in 1637, placed in the

hands of the Star Chamber, and the decree issued in that year by the

Chamber had for its immediate purpose the regulation and restraining

of the printing of “libellous, seditious, and mutinous books.” As an

essential detail of this regulation, it was again ordered that “every

book should be licensed and entered into the Register’s book of the

Company of Stationers.” The replacing, in 1640, of the absolutism

of the Star Chamber by the absolutism of the Long Parliament (an

absolutism no less arbitrary, though based upon a very different source

of authority) made no change in the completeness of the authority left

with the Stationers’ Company. The Parliamentary Ordinances of 1641, in

prohibiting printing or importing without the consent of the owner of

the copies of said books, constituted a clear statutory recognition of

property in “copy,” a recognition evidently resting, says Scrutton,

upon an understanding of its existence under the Common Law.[182] The

Act of 1643 for “redressing disorders in printing,” and the licensing

Act of 1662, while also having for their main purpose the control of

literature of political influence, continued to affirm or to imply

the existence of property in the “copy” of books. A reference in the

latter Act indicates that the owners of “copies” were at this time

not necessarily members of the Stationers’ Company. The inference is

that an author, in arranging to print his book through a licensed

stationer, did not always dispose of his copyright. The licensing Act

gave a statutory protection for copyright, a protection the provisions

of which were of necessity limited to the term of the Act itself and

of its several renewals, the last of which expired in 1694. While the

recovery of statutory penalties was thus limited, the expressions used

in the Act, as was the case with the preceding Acts, made continued

recognition, by expression or by implication, of the existence of

copyright property independent of the statute, the protection of which

could be maintained under the Common Law. The English authorities on

the subject, Maugham, Coppinger, Scrutton, and others, and the American

Drone, are at one in the opinion that, at the period in question, the

close of the seventeenth century, it was the general understanding that

authors possessed in their productions a perpetual right of property,

and that this right could be assigned. Such an understanding, an

understanding upon which were based Parliamentary Acts for regulation

and for licence, and in accord with which were carried on important and

continued business undertakings, marked a development in the conception

of literary property which had as yet been reached in no other

country. Scrutton admits that the records of the courts do not supply

the evidence that might be looked for in support of this contention.

There are, namely, no entries of prosecutions in the advisory courts

for printing without a licence.[183] He points out, however, that the

Stationers’ Company had under its charter summary rights of search,

seizure, and imprisonment, and that similar powers were confirmed

or renewed by the Licensing Acts. In case of infringement, therefore,

no recourse to the ordinary courts was needed, and no records of

proceedings would exist.

The Act of April, 1710,[184] known as the Act of Queen Anne, under

which a statutory protection for a term of fourteen years was given

to the author of a literary production, had the result of bringing to

a close for Great Britain the period of Common Law copyright. This

result was probably not intended by the legislators who framed the Act,

and was certainly not anticipated by the publishers at whose instance

the matter had been taken up, and who were simply applying for a more

specific and more effective protection (during such term as Parliament

saw fit to grant) for the property in their “copies,” of the existence

of which property there had as yet been no question. It was, in fact,

not until 1769 that any serious contention was raised against the

continued validity of copyright at Common Law. In that year the Common

Law right was maintained in the decision rendered in the famous case of

Millar _vs._ Taylor, a decision rendered the more noteworthy because

it was concurred in by Lord Mansfield, the greatest authority on the

subject of copyright whom Europe had thus far known.

In 1774, in the case of Donaldson _vs._ Becket, the issue was raised

for the second time, the property involved being the same in each suit,

the “copyright” of Thomson’s _Seasons_. In this case, the House of

Lords reversed its previous decision. Its conclusion was in substance:

first, that an author had a Common Law right to his production before

publication (ten judges in the affirmative and one dissenting); second,

that after the publication such Common Law right still rested in the

author (eight judges in the affirmative and three in the negative);

third, that under the statute of 1710, the author had lost his right

of action at Common Law and retained protection for his copyright

only during the term prescribed by the statute (six judges in the

affirmative and five in the negative); fourth, that the right at Common

Law possessed by the author and his assigns prior to 1710 had been

a right in perpetuity (seven judges in the affirmative, four in the

negative). In each of these votes, including that on the vital issue

of the effect upon the Common Law right of the statute of 1710, Lord

Mansfield was recorded in favour of the continued right of the author

at Common Law, and of the perpetuity of copyright, irrespective of the

effect of this statute.

The result of this decision in Donaldson _vs._ Becket was, as said, to

bring to a close what may be called the Common Law period of copyright

in England, and to replace this by a copyright protection limited to

terms of the successive statutes. This whole matter is in its date

beyond the period considered in the present narrative. For this reason,

notwithstanding the continued pertinence and importance of the issues

raised in these two noteworthy suits and the distinctive interest of

the arguments presented by the famous advocates on either side of the

question, it has not seemed to me in order to undertake to give here

any detailed analysis either of the arguments or of the two decisions

arrived at. It is proper, however, to make this brief reference to the

results of these two cases as well because the Act of 1710 marked,

as explained, a definite epoch in the history of literary property

in England, as because this Act, the discussions which gave rise to

it, and the much more important discussions which resulted from it

sixty years later, marked a development in England of a conception of

literary property and of an education of public opinion concerning it

which had not as yet been reached in any State in Europe. We find in

France no such discussions and no legislation based upon a recognition

of the principles underlying literary property, until the Convention

of 1793. It required a revolution to bring about in France a result

that in England was arrived at in regular course in the ordinary

development of law.

This brief reference to the development in England of the recognition

of the rights of literary producers may be fitly concluded with a

quotation from the eloquent plea of John Milton in behalf of the

liberty of the printing-press.

In 1644, an order for the regulation of printing was under

consideration in Parliament (the Long Parliament) which provided that

“No Book, Pamphlet, or Paper, shall be henceforth printed unless

the same be first approved and licensed by such as shall be thereto

appointed.” Milton had been a persistent opponent of the policy of

censorship and licensing, and in defiance of the ordinance of 1643 (an

ordinance in which the decrees of the Star Chamber abolished in 1640

had been in substance renewed) he had published in that year, without

licence and without printer’s name, his treatise on _Divorce_. The

Stationers’ Company, recognising the danger to their authority of a

defiance by an author like Milton, had the matter brought up in the

Commons. It was referred to the committee on printing and the order

above cited was the result. The famous _Areopagitica_, an oration

in the form of a pamphlet, was then written by Milton to protest

against the whole theory of the exercise by Government licensers of a

supervision and control of literature, or of the delegation of such

control to a commercial company which was the creation of Government.

The author of _Paradise Lost_ speaks as follows:

“For that part which preserves justly every man’s copy to himselfe,

or provides for the Poor, I touch not, only wish they be not made

pretenses to abuse and persecute honest and painfull men, who offend

not in either of these particulars. But that other clause of Licensing

Books, which we thought had dy’d with his brother Quadragesimal and

Matrimonial when the Prelats expir’d, I shall now attend with such a

Homily as shall lay before ye, first, the inventors of it to bee those

whom ye will be loath to own; next, what is to be thought in generall

of reading, whatever sort the Books be, and that this Order avails

nothing to the suppressing of scandalous, seditious, and libellous

Books, which were mainly intended to be suppresst; last, that it will

be primely to the discouragement of all Learning and the stop of Truth,

not only by disexercising and blunting our abilities in what we know

already, but by hindering and cropping the discovery that might bee yet

further made both in religious and civill Wisdome.

I deny not, but that it is of greatest concernment in the Church and

Commonwealth, to have a vigilant eye how Bookes demeane themselves

as well as Men; and thereafter to confine, imprison, and do sharper

justice on them as Malefactors. For Books are not absolutely dead

things, but doe contain a potencie of Life in them to be as active as

that Soule with whose progeny they are; nay, they do preserve as in a

violl the purest afficacie and extraction of that living intellect that

bred them. I know they are as lively, and as vigorously productive, as

those fabulous Dragons’ teeth, and being sown up and down, may chance

to spring up armed men. And yet, on the other hand, unlesse wariness be

us’d, as good almost kill a Man as kill a good Book; who kills a Man

kills a reasonable creature, God’s Image; but hee who destroys a goode

Booke, kills Reason itselfe, kills the Image of God, as it were in the

eye. Many a Man lives a burden to the Earth; but a goode Booke is the

pretious life-blood of a master spirit, inbalm’d and treasur’d up on

purpose to a Life beyond Life. ’T is true, no age can restore a Life,

whereof perhaps there is no great losse; and revolutions of ages doe

oft recover the losse of a rejected Truth, for the want of which whole

Nations fare the worse. We should be wary therefore what persecution

we raise against the living labours of publick men, how we spill that

season’d Life of Man preserved and stor’d up in Books; since we see a

kinde of homicide may be thus committed, sometimes a martyrdome; and

if it extend to the whole impression, a kinde of massacre, whereof the

execution ends not in the slaying of an elementall Life, but strikes at

that ethereall and first essence, the breath of Reason itselfe, slaies

an Immortality rather than a Life.”[185]

[Illustration]

[Illustration]

CHAPTER V.

THE DEVELOPMENT OF THE CONCEPTION OF LITERARY PROPERTY.

I HAVE endeavoured in the foregoing pages to describe the varying

conditions under which was carried on, during the ten centuries

succeeding the fall of the Roman Empire, the production and

distribution of literature. The term “books” is, of course, not

strictly applicable to a large portion of the material produced by the

scribes during the manuscript period. As a matter of convenience, I

have used the phrase “production of literature” to cover what should,

speaking more precisely, properly be described as the reproduction or

multiplication of literature. The labour of the scribes during the

manuscript period was given, as has been noted, almost exclusively to

the production of copies of the more or less fragmentary texts that

had been preserved from the classic period, or from the writings of

the Church Fathers. The case was the same with the earlier printers,

whose undertakings were in like manner devoted to old-time literature

and with whom the production of a work by a contemporary writer was

a comparatively rare exception. During these ten centuries, not a

few writers did noteworthy work, and some of the great books of the

world’s literature belong to this manuscript period. Even, however,

with books recognised later as famous, the fame came but slowly, so

that the requirement for the multiplication of those for which demand

arose became the task of scribes of the generations succeeding that of

the author, rather than of those of his own time. An author like Pope

Gregory I. with the vast machinery of the Church at his disposal, was

in a position to secure for his writings an immediate distribution and

during his own lifetime, to trace the influence of their teachings.

Except, however, in such special cases, writers were obliged to content

themselves with such present measure of appreciation as might be given

by sympathetic readers or hearers in their own monasteries, leaving

such of their productions as possessed any abiding vitality to gain

repute with future generations of monkish readers, as copies slowly

made their way from _scriptorium_ to _scriptorium_.

During this long period in which the chief difficulty lay in the

distribution of books, and in which an author who had anything to say

to the world was only too happy if, during his own lifetime, it might

prove practicable to reach with his books any number of men outside

of his own immediate circle, there could, of course, be no question

of property or copyright control in the literary production. Such

property as might be said to exist in literature pertained solely to

the material form, the manuscript produced, which represented a certain

value for parchment and for labour.

After the time of Charlemagne, when there came to be, in a few Court

circles and in the homes of the more active-minded noblemen following

the fashion set by the Court, an interest in the preservation

of literature, we find record of compensation paid to literary

producers. Such compensation came first, naturally, to the scribes,

who possessed sufficient learning and technical skill to place before

the communities in which they themselves lived, the learning of the

past. Later, with the beginning of original writing in the form of

chronicles, there are instances of rewards or honours conferred upon

the monkish chroniclers by the kings or princes whose ancestors were

glorified, or whose personal deeds were commemorated. The rewards

for literary labour, rewards given, as said, almost exclusively to

clerics, most frequently took the form of ecclesiastical preferment.

A prebend or a bishopric cost little or nothing to the King, while

it meant for the author a very substantial compensation. It is the

clerical character of the author and the ecclesiastical nature of his

compensation which constitute the principal distinction between the

beginnings of compensation for literary labour in the Middle Ages and

the arrangements under which were rewarded the poet-chroniclers of the

later classic times. The authors of the earliest literature-producing

periods sang, as it will be remembered, under the incentive not of

princely gifts, but of popular appreciation.

The records of the Benedictine monasteries give evidence of the

production and accumulation of certain property in the form of

literature, property which increased in available value as methods

were developed for exchanges between the different monasteries of

the surplus copies of their texts, and which assumed still more

importance when, with a gradually developing interest in literature,

wealthy laymen were occasionally prepared to give in exchange for the

precious manuscripts, lands, cattle, moneys, or desirable privileges.

With the development in the respect for learning and letters which

in certain portions of Europe followed the establishment, under the

general direction of Alcuin, of the imperial schools of Charlemagne,

the influence and fame of the monasteries came to be measured very

largely by their respective literary activity, the importance of

the ancient codices preserved in the _scriptoria_, and the beauty

and accuracy of these texts. A monastery, the collections and the

_scriptorium_ of which had in this manner become famous, would be

visited by monastic scholars from distant parts who sought opportunity

to examine, and possibly to copy, the precious texts, and it was this

class of institutions that would be resorted to by the higher class of

recluses, who, retiring from the world, enriched with their fortunes

the Benedictine foundations. The schools of the literary monasteries

would also be selected for the training of the young princes and

noblemen, from whom in later years protection and endowments for their

_almæ matres_ could often be depended upon. When learning and literary

activity served in these several ways to bring to a monastery fame

and fortune, it was natural for the monks, whose service as scholars,

instructors, and scribes had proved most effective in the _scriptorium_

and in the schools, to be selected for honour and preferment, and

that the learned _armarius_ or _librarius_ should frequently become

the abbot, and should, later, find himself bishop or archbishop, or

even pope. The elevation to the papacy, in 999, of Sylvester II.,

previously known as Gerbert, Abbot of Bobbio, and as Bishop Gerbert, is

an example of such a progress from the _scriptorium_ to the leadership

of the Church. I do not, of course, undertake to say that either in

Gerbert’s time or during any century of the period in question, there

was throughout the monasteries and the ecclesiastical communities as a

whole, any universal respect for learning and for literary industry,

and that honours and preferment always followed in proportion to the

value of the scholarly service rendered. I only point out, as has been

stated in the chapters on the monasteries, that even in the so-called

“Dark Ages” of Europe, the ages of which the year 1000 may perhaps

have been the centre, this was very much more largely the case than

is always remembered by historians of a later period writing from a

Protestant point of view, some of whom, like D’Aubigné, have appeared

to contend that learning and literature had been buried during the

thousand years of Catholic rule, and had only been rediscovered by

Luther and Calvin. The groundlessness of this kind of contention has, I

think, been made clear in the brilliant dissertation on the Dark Ages

by the Protestant Maitland, while a mass of testimony in support of

Maitland’s views has been collected by Montalembert, evidence the value

of which may be weakened but cannot be nullified by the wordy eloquence

with which it is presented.

I have spoken of certain monasteries becoming the resort of literary

pilgrims on account of their ownership of some treasured manuscript

handed down from an earlier generation. When, as was frequently

the case, the production of copies of such a text was prohibited

altogether, or was permitted only to members of the monastery itself,

we have an example of a copyright control of the earlier kind,

a control resting upon the ownership not of the text but of the

parchment upon which the text had been placed. If, for instance, a

well authenticated copy of Augustine’s _City of God_ was held in the

_scriptorium_ of Fulda, and another copy, perhaps equally famous,

belonged to that of St. Gall, each monastery could prohibit the

copying of its own parchment, and could in this manner control the

“copyright” of its own particular text. It is to be borne in mind that

no two manuscripts could be in exact accord and that a particular

character or authority frequently attached to the text or version

presented in a particular parchment. Neither monastery could, in the

case imagined, assume any right to control what the later English law

termed the “copy” of S. Augustine’s treatise, but each exercised what

was in substance a copyright at Common Law over the text inscribed on

its own particular parchment. In the chapter on S. Columba, reference

was made to the famous copyright contention between Columba and the

Abbot Finnian, a case the date of which is given as 567, and which

was probably, therefore, the earliest copyright issue decided in

Europe. While the story itself is in all probability merely one of the

long series of legends which grew up about the brilliant Irish saint,

it may well have had some historic foundation. The more important

consideration, is, however, in the fact that whether the story were

true or not as applied to S. Columba, it represented an impression in

the mind of the chronicler Adamnan, writing not half a century after

the death of the saint, concerning the conception of property in a form

of ideas or of instruction, a property which, as made clear in the

story, was entirely apart from that inhering in the parchment itself.

The possibility of such a conception coming into the mind of a writer

of the seventh century, is certainly noteworthy.

Such a copyright control, beginning usually in the form of a

prohibition, was developed, later, to some extent into a property

right and a source of income. When the _armarii_ or _librarii_ came

to realise, first, that other copies of their precious texts were in

existence, so that no one monastery was in a position to monopolise

this piece of the literature or learning of a past generation; and

when, further, they came to understand that gain could be secured for

their monastery chest by conceding for pay the privilege of making one

or more copies of their codex, the practice of selling such privilege

became more and more frequent. It was, in fact, in this manner that

the earlier manuscript-dealers who succeeded in establishing a system

for the production and distribution of books in manuscript, secured

the larger proportion of the texts with which their own collections

would begin, the texts which formed what might be called the “copy” for

their workshops. Occasionally we read of an Aurispa or a Vespasiano

purchasing at a high price some famous and well authenticated so-called

original codex; that is to say, a parchment the date of the production

of which went back some centuries. More frequently, however, it is a

copying privilege which is paid for by the dealer, whose copyist is

permitted, under the strictest supervision, to visit the _scriptorium_

and to transcribe the parchment sheets, which are taken from the

carefully guarded _armarium_ and are closely watched or even sometimes

held by the jealous monks while the process of transcribing goes on.

Vespasiano sometimes secures from the _librarius_ of the monastery

a signed certificate to the effect that the “copy” produced for him

is a complete and accurate transcript. More frequently, however, at

this later time, during the century which preceded printing, the

_scriptoria_ of the monasteries had been so largely neglected that in

many institutions in which were to be found valuable manuscripts highly

cherished by their owners, there was no one in the fraternity who

was competent to give any judgment upon the accuracy of the scribe’s

transcript because there was no one who was able to understand the

purport of the manuscript itself.

This demoralised condition of the monastery collections and the apathy

and ignorance on the part of the monks controlling those collections,

was in many of the monastic centres still more marked during the half

century following the invention of printing, when the earlier printers

were largely dependent for their “copy” for both the classics and the

works of the Fathers, upon such parchments as might still have been

preserved in the monastic foundations. In a number of instances, these

first printers were obliged, as had been the later manuscript-dealers,

to pay for the privilege of examining, collating, and copying. They

were, however, frequently able to purchase from monks who no longer

valued a parchment even as a fetish, the so-called “original.” For

the printer, who had of necessity a larger responsibility for the

correctness of his text than rested upon the old manuscript-dealer,

the task of securing the “copy” for his compositors was not completed

when he had secured control of one manuscript. With not only a risk but

a certainty of errors in each parchment, it was necessary to collate

a number of parchments before the scholarly printer could feel any

assurance that the more pernicious errors at least had been detected

and eliminated. Henry Estienne the first speaks, for instance, of using

as the basis for one printed text no less than twelve manuscripts. The

first copyright known to Europe of the Middle Ages may therefore be

considered as that which inhered in the Common Law control of property

in the manuscript. It was a copyright which had, of course, nothing

whatever to do with the rights of an original producer in the literary

production.

Another form of literary property which did not represent literary

creation, came into existence when some enterprising _armarius_, not

having in his own collection some much-wanted manuscript, would make

the long journey to Rome or to Florence from Fulda, from St. Gall,

from Fleury, or even from far-off Glastonbury, and would there secure

the needed authority himself to prepare a transcript of some valued

codex. His manuscript, brought back to his own monastery, might remain

for years the only well authenticated copy of the text in question

existing in a large region. Such a manuscript represented, of course,

a considerable expenditure of skilled labour, of fatiguing travel,

and, occasionally, also of money, an expenditure or an investment

which entitled the parchment to be considered as in some sense a

property creation, the result of labour. While, as a matter of

scholarly fellowship or of Christian brotherhood, the privilege of

reading and the far greater privilege of copying such a manuscript,

might frequently be extended to fellow Benedictines, the practice of

securing some consideration for its use, and particularly for the

privilege of making a transcript, obtained not infrequently, and

was, under the circumstances, fully warranted. The control of such a

manuscript constituted a “copyright” of a somewhat different nature

from that previously referred to, which was maintained in the case

of some old-time codex that had been inherited or purchased in its

original form, and that did not represent any labour on the part of the

individual or the community claiming the ownership.

When the first printers began their work, they were of necessity

confronted with practically the same conditions and difficulties

in connection with the securing of “copy,” as those with which

the large manuscript-dealers had had to contend. Their task was,

in fact, as already indicated, a more difficult one than that of

the manuscript-dealers, because the standard for completeness and

correctness of text had become more exacting. The parchments required

for their work were, with hardly an exception, the property of

monasteries, and whether for purchase, for comparison, or for “copy,”

the printers were usually obliged to make substantial compensation for

right to copy. This right to copy might be described as a copyright

under limitations. The monastery which had received compensation from a

printer from Venice for the use of a particular parchment, felt itself

under no obligation to decline a similar application from the rival

printer of Lyons, or of Basel. The printers were thus estopped from

securing any control over the works of the particular author which

they proposed to present to the readers of their generation. They were

even unable to secure any exclusive right to the use of any particular

text of such author, unless, indeed, they had found means to purchase

the manuscript outright. A property control of some kind was essential

in order to justify the expenditure and the labour required to bring

the manuscript into print, and this was finally arrived at, although

inadequately enough, under the system of privileges.

While the first printing of books was done in Germany, and while the

number of books produced in Germany during the half century after

Gutenberg was much greater than in any other country, the beginning

of copyright protection for printed books is to be credited to

Italy. Gutenberg, Fust, and their immediate successors in Frankfort,

Nuremberg, Basel, and Cologne, entered upon their first publishing

undertakings without the aid of any government protection or

recognition, municipal, state, or imperial. In the chapter on the

early printers of Venice, I have described with some detail the system

of privileges, a system which, originating in Venice, was adopted in

the other Italian States, and which was followed in substance by the

other States of Europe. The privileges of the fifteenth and sixteenth

centuries were the precursor and the foundation of the later system of

copyright.

The privileges granted by the Venetian Government were, as we have

seen, of four kinds. The first was in the shape of a sweeping monopoly,

under which the beneficiary was granted for a term of years the

exclusive right to carry on the business of printing in Venice. Of

this class there is but one example, dating from 1469, the details of

which are given in the chapter on Italy. The second kind, a little less

sweeping, gave to the beneficiary a monopoly for the production of all

books of a given class, or in a particular language. The first example

of this was the privilege granted, in 1495, to Aldus for the exclusive

printing of books in Greek. Under the same division may be classed the

privilege given a year or two later, also to Aldus, for the exclusive

use of the italic type, a form which was the invention of Aldus. These

two divisions of privileges have, of course, no logical connection with

copyright. The last named is rather of the character of a patent, while

the first two may properly be classed with commercial monopolies. There

is this distinction, however, that while commercial monopolies have,

as a rule, been granted for the purpose of enriching some favourite of

the Crown, or have in some manner represented jobbery at the expense of

the people, the legislators who granted the first printing privileges

had unquestionably honestly convinced themselves that in no other

way could the new art, the importance of which they were prepared to

appreciate, be effectively encouraged and established. It was doubtless

the case also that Aldus, in incurring expenditure in making Greek type

and in printing Greek books, was assuming very serious and speculative

risks, and was fairly entitled to all the encouragement which the State

could give to him.

The third class of privilege was that securing for an editor or

publisher a monopoly for the production of the works of some author of

a past generation, usually, in fact, for an author of classic times.

This is the form of privilege which, for two centuries succeeding

printing, is most frequently met with, and which constituted the

foundation on which the publishers of those two centuries carried on

their business. The general purpose is the same as that of the general

privileges previously specified, namely, to give to a printer-publisher

an encouragement or inducement to enter upon an expensive and

speculative undertaking which, without such special aid, might, from

a commercial point of view, have appeared impracticable. When Aldus

desired to undertake the production of the first printed edition of the

works of _Aristotle_, the difficult and venturesome undertaking was

made a little less venturesome by the action of the Senate of Venice in

prohibiting for a term of ten years the printing of any other editions

of _Aristotle_. It is to be borne in mind that such a privilege, while

sweeping in character, was very limited as to territory. There was

nothing in law to prevent the printing in Milan of the rival edition

of the _Aristotle_ which was prohibited in Venice, nor even the use

for such rival work of text and the editorial material appropriated

from the volumes of Aldus. The protection given (still within narrow

territorial limits) to such collated texts and original notes and

introductions, belongs in essence under the fourth class of privilege,

the class in which we find the first recognition of the principle of

copyright in a literary production for the sake of the producer or

of his assigns. The earliest European example of the third class of

privilege, which may be described as a publisher’s copyright, bears

date 1492, and was issued by the Venetian Senate to Bernardino de

Benaliis.

The fourth class of privilege was that securing to an author the

copyright of his own production. Such a privilege differed from modern

copyright only in being usually conditional upon or being the result of

the action of censors by whom it had to be “approved and privileged,”

and on the ground of the narrow limits of term and of territory. It

constituted or recognised a property right, but an extremely restricted

right, and a very small property. It is certainly curious that (with

the exception of the printing monopoly of 1469, which was a privilege

only in name) the earliest privilege of which there is record in Italy

or in Europe, was one issued to an author for his own production, and

which constituted, therefore, a copyright in the modern sense of the

term. This privilege was issued as early as 1486, by the Senate of

Venice, to Antonio Sabellico, for his _Decades Rerum Venetiarum_. No

term was specified, and the copyright might, therefore, be considered

as indefinite or perpetual. The second Venetian privilege, also without

term, was that issued in 1492, to Peter of Ravenna, for his _Phœnix_.

This has been referred to by Pütter and by other good authorities, as

the first copyright privilege issued in Europe. The discovery of the

earlier privilege of Sabellico, is due to Horatio Brown. The third

privilege, dating from 1493, and also issued in Venice, constituted a

very definite recognition of the existence of literary property, in

that it gave to a certain Daniele Barbaro, who had inherited from his

deceased brother, Hermolao Barbaro, the manuscript of the work, the

control for a term of ten years in the _Castigationes Plinii_. After

this time, the instances of privileges to authors are very few and far

between. It is the rule to find them issued to printer-publishers, and

except in so far as they covered original editorial labour put into the

work by the publishers, these privileges should be described rather as

trade monopolies (for very restricted territories), than as copyrights.

While the more enterprising of the printers of Venice, Milan, Rome,

and other cities, were, as described, occasionally able to secure

privileges also in other Italian States, these privileges did not give

any safe assurance of a proportionately extended market. In time of

war, all such interstate arrangements lapsed, while even in the times

of peace, it was very difficult and often impracticable to secure in

any “foreign” territory the enforcement of the protection granted,

or the collection of penalties prescribed. Such foreign privileges

could, as a rule, be considered rather as a permit or licence to sell

the original edition than as an undertaking on the part of a foreign

government to prevent the sale of an unauthorised edition. The range

of these privileges was, as noted, restricted in territory as well as

limited in effectiveness. During the century succeeding printing, it

was very seldom indeed that the attempt was made to secure a privilege

for an Italian publication for any territory outside of Italy, or for

a French publication outside of France, or for a German work outside

of Germany. An exception to this limitation was, however, afforded

by what were known as papal privileges which, in form at least,

conceded to the printers to whom they were issued exclusive control

not only within the States of the Church but for all the States of

the world that acknowledged the authority of the Church. There was,

however, practically no machinery for enforcing the authority of

the papal privileges. They gave to the book and to its publisher a

certain precedence and advantage with the faithful followers of the

Church over editions of the same work which had not the sanction of

the papal privilege. I can, however, find record of no instances in

which a publisher, whose papal privilege had been infringed, had

found it possible to enjoin the publication of a rival edition also

offered for sale in Catholic States. The material advantage of a papal

privilege was that it carried with it the assurance of the approval

of the Church concerning the character of the book. It constituted,

namely, evidence that the book had secured the approval of the Church

bureau of censorship, and (with an occasional exception) it preserved

it from interference on the part of local ecclesiastical censors,

whose prejudices were usually more bitter and whose ignorant dread of

heretical scholarship was greater, than was the case with the censors

associated directly with S. Peter’s.

It was the case with the local as well as with the papal privileges

that the protection and encouragement of the author was only a part,

and not infrequently the smaller part, of their purpose. It was

considered essential by the State no less than by the Church to retain

an effective supervision and control over the productions of the Press.

Before the privilege could be secured, the work must be submitted to

the censors and a favourable report must have been given. The privilege

was, therefore, in itself evidence that the work protected by it

contained no material considered dangerous by the political or the

ecclesiastical authorities of the State. To secure the benefit of even

such small measure of property protection as that given under the local

privilege for five or ten years, it was, as a rule, necessary that the

work should be practically non-committal in character, at least as far

as political or theological opinions were concerned.

The history of the Italian publishers shows what a serious burden

was from the outset placed upon the production of literature in the

peninsula, and how disastrous the effect was upon publishing enterprise

and publishing development, by the establishment of machinery for

political and ecclesiastical censorship, and by the necessity of

awaiting the approval of these censors before carrying to completion

publishing undertakings. In Italy, the trouble was in the main with

the Church, and, as a rule, with the authorities at Rome rather

than with the local ecclesiastics. In many of the cities, the local

representatives of the Church to whom was confided the first censorship

responsibility, were interested in and sympathised with the spirit

of local independence, while they also were in a position to realise

somewhat the difficulties caused to the new business of printing and

publishing by too strenuous an exercise of censorship authority. This

state of things was particularly true in Venice, where, as we have

seen, the municipal feeling was very strong, and where educated monks

like Paolo Sarpi were ready themselves to act as leaders in the contest

to defend against the aggression of the Church what was, practically,

the existence of the Press.

In France, where the operations of the Press were, during the first

half century of printing, much less important than in Italy, the first

privilege was issued in 1503. The official censorship of publications

began in 1515, with the accession of Francis I. There are instances

during the reign of Louis XII. of certain “permits” or “approvals”

being placed upon books, but these were not the result of examination

by official censors, and do not appear to have been connected with

any restrictions imposed upon the publishers. The Theological Faculty

of the Sorbonne succeeded, as has been noted in the record of the

Estiennes, in keeping up an active and fairly continuous supervision

of, and interference with, the publication of Bibles and of other books

claimed to belong to the department of theology. The University claimed

the right to supervise and control printing, on the ground that the

printers and publishers were the successors of the old-time University

scribes, the _stationarii_ and _librarii_, and were members of the

University, and that the printing-press was to be considered as part of

the machinery of higher education. There was certainly good foundation

for this claim, but, as it proved, the University was not sufficiently

strong to maintain its contention.

The importance of this new machinery for influencing public opinion was

speedily recognised by the Crown, and as the power of the monarch was

increased through the consolidation of the kingdom, the kings succeeded

in securing the practical control over the business of printing and

selling books. While it was the case, as has been noted in the history

of Robert Estienne, that the influence of Francis I. was, on the

whole, exercised to defend the Press against the oppression of the

theologians, the authority of Henry II. and of his successors was, as a

rule, exercised against the more liberal policy of the University and

in favour of a very close and frequently unduly burdensome supervision

of publishing undertakings. After the accession of Henry II. the

regulations concerning the Press, or at least that portion of the

Press regulations which were of essential importance, emanate from the

Crown. It is the royal chancellor, or his representative, who decides

what books shall receive the official permit, and what the term of

privilege is to be. This term, beginning in the reign of Francis with

five years, was gradually extended until, with the routine renewal, the

average length by the reign of Henry IV. was twenty years. The main

feature in the history of the Press in France is the authority and

the interference of the Crown, as in Italy it had been the exacting

censorship of the Church.

In Germany, the earlier printer-publishers found themselves, at

least up to the time of the Reformation, comparatively free from the

interference of the Church. For the sixty-eight years between the

date of Gutenberg’s printing-press and that of the Diet of Augsburg,

the printer-publishers were left free to print Bibles, editions of

the Fathers with new notes and commentaries, and such contemporary

writings as were found available (the list of these last being in

any case but inconsiderable), without interference from censors of

the Church and without any attempt at supervision or control on the

part of municipal, state, or imperial authorities. The immediate

and active use of the printing-press made by the Lutherans brought

about some change in this situation; a system of censorship was at

once established by the Church, and its authority was confirmed by

the Emperor. A sweeping prohibition was issued not only against all

Lutheran writings, but against all books, theological or other,

emanating from Protestants. In some of the cities which were most

faithful to the Catholic cause, these imperial-ecclesiastical edicts

were confirmed by the municipalities and attempts were made to enforce

their provisions upon the printing-presses and the bookshops within the

municipal territories. A few years later, as in North Germany the cause

of the Protestants organised and strengthened itself, the rulers of

certain Protestant States undertook, at the instance of Luther and his

associates, to establish censorship from a Protestant, or rather from a

Lutheran standpoint. The printing and the sale of Romanist books on the

one hand, and of Anabaptist and Zwinglian heresies on the other, were

prohibited, and the printing of any books was permitted only after the

approval of the official censors had been given.

Notwithstanding, however, this long series of prohibitions,

censorships, and supervisory edicts, imperial, state, and municipal,

the work of the German printer-publishers was interfered with to a

comparatively small extent. The issuing of edicts, regulations, and

proclamations, satisfied the official conscience and met the immediate

requirements of the authorities of Rome on the one hand, and of the

militant Protestants on the other.

They amounted, however, as far as the restriction of the Press was

concerned, to very little more than waste paper. The machinery for

their enforcement was never adequate, and the continued personal

interest in carrying out regulations and in enforcing penalties which

interfered with so important a German industry as that of printing,

appears never to have been keen. The political supervision or

censorship was no more effective or consistent than the ecclesiastical.

From time to time some book would be prohibited because it contained

material disrespectful or antagonistic to emperor, prince, or duke; but

the book prohibited in Augsburg could easily be printed in Nuremberg,

and the work interfered with in Leipzig found prompt distribution

from Wittenberg. Germany was too manifold, and the centres of

intellectual activity and of publishing enterprise were too numerous,

to make it practicable to carry out for the whole realm any general

censorship supervision or restriction. The attempt might be compared

to the experiment of blocking up in a volcanic region one or two of

the more active vents, with the certainty that the exploding forces

would immediately find new outlets. Individual undertakings might be

interfered with, but it was impossible to block the operations of the

printing-presses of Germany. In this respect the printer-publishers of

Germany had a material advantage over those of Paris, whose operations

were subjected to the supervision and to the authority (or rather, to

the conflicting authorities) of the University (and particularly of

the Theological Faculty of the Sorbonne), of the Parliament of Paris,

and of the Crown.

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