This is how it happened. Before the Revolution of 1688 printing
operations were looked after, first by the Court of Star Chamber, which
was not always engaged, as the perusal of constitutional history might
lead one to believe, in torturing the unlucky, and afterwards by the
Stationers' Company. Both these jurisdictions revelled in what is called
summary process, which lawyers sometimes describe as _brevi manu_, and
suitors as 'short shrift.' They hailed before them the Mr. Thomas Teggs
of the period, and fined them heavily and confiscated their stolen
editions. Authors and their assignees liked this. But then came Dutch
William and the glorious Revolution. The press was left free; and
authors and their assignees were reduced to the dull level of unlettered
persons; that is to say, if their rights were interfered with, they
were compelled to bring an action, of the kind called 'trespass on the
case,' and to employ astute counsel to draw pleadings with a pitfall in
each paragraph, and also to incur costs; and in most cases, even when
they triumphed over their enemy, it was only to find him a pauper from
whom it was impossible to recover a penny. Nor had the law power to fine
the offender or to confiscate the pirated edition; or if it had this
last power, it was not accustomed to exercise it, deeming it unfamiliar
and savouring of the Inquisition. Grub Street grew excited. A noise went
up 'most musical, most melancholy,
'As of cats that wail in chorus.'
It was the Augustan age of literature. Authors were listened to. They
petitioned Parliament, and their prayer was heard. In the eighth year of
good Queen Anne the first copyright statute was passed which, 'for the
encouragement of learned men to compose and write useful books,'
provided that the authors of books already printed who had not
transferred their rights, and the booksellers or other persons who had
purchased the copy of any books in order to print or reprint the same,
should have the sole right of printing them for a term of twenty-one
years from the tenth of April, 1710, and no longer; and that authors of
books not then printed, should have the sole right of printing for
fourteen years, and no longer. Then followed, what the authors really
wanted the Act for, special penalties for infringement. And there was
peace in Grub Street for the space of twenty-one years. But at the
expiration of this period the fateful question was stirred--what had
happened to the old Common Law right in perpetuity? Did it survive this
peddling Act, or had it died, ingloriously smothered by a statute? That
fine old book--once on every settle--_The Whole Duty of Man_, first
raised the point. Its date of publication was 1657, so it had had its
term of twenty-one years. That term having expired, what then? The
proceedings throw no light upon the vexed question of the book's
authorship. Sir Joseph Jekyll was content with the evidence before him
Public-domain text, read in full here on John Shaqi.
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