Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
out menaces, which the common law could never have executed on the
disobedient. To trade with the French king's rebels, or to export
victuals into the Spanish dominions (the latter of which might possibly
be construed into assisting the queen's enemies) incurred the penalty of
treason. And persons having in their possession goods taken on the high
seas, which had not paid custom, are enjoined to give them up, on pain
of being punished as felons and pirates.[381] Notwithstanding these
instances, it cannot perhaps be said on the whole that Elizabeth
stretched her authority very outrageously in this respect. Many of her
proclamations, which may at first sight appear illegal, are warrantable
by statutes then in force, or by ancient precedents. Thus the council is
empowered by an act (28 H. 8, c. 14) to fix the prices of wines; and
abstinence from flesh in Lent, as well as on Fridays and Saturdays (a
common subject of Elizabeth's proclamations), is enjoined by several
statutes of Edward VI. and of her own.[382] And it has been argued by
some not at all inclined to diminish any popular rights, that the king
did possess a prerogative by common law of restraining the export of
corn and other commodities.[383]
_Restrictions on printing._--It is natural to suppose that a government
thus arbitrary and vigilant must have looked with extreme jealousy on
the diffusion of free enquiry through the press. The trades of printing
and bookselling, in fact, though not absolutely licensed, were always
subject to a sort of peculiar superintendence. Besides protecting the
copyright of authors,[384] the council frequently issued proclamations
to restrain the importation of books, or to regulate their sale.[385] It
was penal to utter, or so much as to possess, even the most learned
works on the catholic side; or if some connivance was usual in favour of
educated men, the utmost strictness was used in suppressing that light
infantry of literature, the smart and vigorous pamphlets with which the
two parties arrayed against the church assaulted her opposite
flanks.[386] Stowe, the well-known chronicler of England, who lay under
suspicion of an attachment to popery, had his library searched by
warrant, and his unlawful books taken away; several of which were but
materials for his history.[387] Whitgift, in this, as in every other
respect, aggravated the rigour of preceding times. At his instigation,
the star-chamber, in 1585, published ordinances for the regulation of
the press. The preface of these recites enormities and abuses of
disorderly persons professing the art of printing and selling books to
have more and more increased in spite of the ordinances made against
them, which it attributes to the inadequacy of the penalties hitherto
inflicted. Every printer therefore is enjoined to certify his presses to
the Stationers' Company, on pain of having them defaced, and suffering a
year's imprisonment. None to print at all, under similar penalties,
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