In order to arrive at any supposition as to these considerations which
would be of value to our purpose in these papers, it will be necessary
to glance at the state of literary property in the days between 1585 and
1606. How, in those days, there was absolutely no legal protection for
an author's manuscript. Once it had strayed beyond the writer's hand it
was practically "publici juris"--any body's property. The first law of
copyright enacted in England was the act of Anne, of April 10, 1710,
more than one hundred years after the last date at which commentators
claim the production of a Shakespearean play. Even the first
authoritative pronunciation of a competent tribunal as to literary
property at common law (which preceded, of course, all literary property
definable by statute) was not made until 1769, fifty-nine years later.
But the Court of Star Chamber (of obscure origin, but known to have been
of powerful jurisdiction in the time of Henry VII.) was in the height
of its ancient omnipotence in those years. And of the various matters
of which it took cognizance, one of the earliest was the publishing,
printing, and even the keeping and reading of books. Under date of June
23,1585--the year that many commentators assign as that in which William
Shakespeare first turned up in London--this Star Chamber, which had
already issued many such, issued a decree that none should "print
any book, work, or copy, against the form or meaning of any restraint
contained in any statute of laws of this realm," except, {107}etc.,
etc. Twenty-nine years before--in 1556--Philip and Mary had erected
ninety-seven booksellers into a body called "The Stationers' Company,"
who were to monopolize the printing of books, if they so chose. They
had given them power and authority--and their second charter, in 1558,
confirmed them in it--to print such books as they obtained, either from
authors' manuscripts or translations, and to see very carefully that
nobody else printed them. Their power was absolute--they had their
"privilegium ad imprimendum solum," and in the pursuit of any body who
interfered with it they were empowered to "break locks, search, seize,"
and, in short, to suppress any printed matter they did not choose
to license, wherever they pleased. This the Worshipful Company of
Stationers did not fail to do; they pursued, and the Star Chamber
convicted. The disgraceful record of infamous and inhuman prosecutions
and punishments for reading, keeping, selling, or making books might
well detain us here, did our scope permit. * Whatever literature
accomplished in those days it accomplished by stealth, in defiance
of the implacable and omnipotent Star Chamber and its bloodhound, the
Stationers' Company, who ran in its victims.
Public-domain text, read in full here on John Shaqi.
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