Licensing of the Press Act 1662
Encyclopedia
The Licensing of the Press Act 1662 is an Act
of the Parliament of England
(14 Car. II. c. 33), long title
"An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Bookes and Pamphlets and for regulating of Printing and Printing Presses." It was repealed by the Statute Law Revision Act 1863.
The Act was originally limited to two years. The provisions as to importation of books, the appointment of licensers, and the number of printers and founders were practically re-enactments of the similar provisions in an order of the Star Chamber
of 1637.
Printing press
es were not to be set up without notice to the Stationers' Company. A king's messenger had power by warrant of the king or a secretary of state
to enter and search for unlicensed presses and printing. Severe penalties by fine and imprisonment were denounced against offenders. The act was successively renewed up to 1679.
Under the powers of the act Sir Roger L'Estrange
was appointed licenser, and the effect of the supervision was that practically the newspaper press was reduced to the London Gazette
. The objections made to lines 594-599 of the first book of Paradise Lost
by the archbishop of Canterbury
's chaplain, acting as licenser, are well known. The act expired in 1679, and for the remainder of the reign of Charles II
, as in the reign of George III
, the restrictions on the press took the form of prosecutions for libel.
In 1685 the Licensing Act was renewed for seven years (1 Jac. II. c. 17, § 15). No mention of the liberty of the press was made in the Bill of Rights
. On the expiration of the Licensing Act in 1692 it was continued till the end of the existing session of parliament (4 & 5 Will. and Mary, c. 24, § 14). In 1695 the Commons
refused to renew it. The stationers petitioned Parliament for new censorship legislation, and when that failed they argued that authors had a natural and inherent right of ownership in what they wrote (knowing there was little an author could do with such rights other than sign them over to a publisher). This argument persuaded the Parliament and in 1709 the first Copyright Act (8 Anne, c. 19
) was enacted.
The power of a secretary of state to issue a warrant, whether general or special, for the purpose of searching for and seizing the author of a libel or the libellous papers themselves - a power exercised by the Star Chamber and confirmed by the Licensing Act - was still asserted, and was not finally declared illegal until the case of Entick v. Carrington in 1765 (St. Tr. xix. 1030). In 1776 the House of Commons came to a resolution in accordance with this decision. The compulsory stamp duty on newspapers was abandoned in 1855 (18 Vict. C. 27), the duty on paper in 1861 (24 Vict. C. 20), the optional duty on newspapers in 1870 (33 & 34 Vict. c. 38). From that time the English press maybe said to date its complete freedom, which rests rather upon a constitutional than a legal foundation. It is not confirmed by any provision of the supreme legislative authority, as is the case in many countries.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
(14 Car. II. c. 33), long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
"An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Bookes and Pamphlets and for regulating of Printing and Printing Presses." It was repealed by the Statute Law Revision Act 1863.
The Act was originally limited to two years. The provisions as to importation of books, the appointment of licensers, and the number of printers and founders were practically re-enactments of the similar provisions in an order of the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
of 1637.
Printing press
Printing press
A printing press is a device for applying pressure to an inked surface resting upon a print medium , thereby transferring the ink...
es were not to be set up without notice to the Stationers' Company. A king's messenger had power by warrant of the king or a secretary of state
Secretary of State (England)
In the Kingdom of England, the title of Secretary of State came into being near the end of the reign of Queen Elizabeth I , the usual title before that having been King's Clerk, King's Secretary, or Principal Secretary....
to enter and search for unlicensed presses and printing. Severe penalties by fine and imprisonment were denounced against offenders. The act was successively renewed up to 1679.
Under the powers of the act Sir Roger L'Estrange
Roger L'Estrange
Sir Roger L'Estrange was an English pamphleteer and author, and staunch defender of royalist claims. L'Estrange was involved in political controversy throughout his life...
was appointed licenser, and the effect of the supervision was that practically the newspaper press was reduced to the London Gazette
London Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
. The objections made to lines 594-599 of the first book of Paradise Lost
Paradise Lost
Paradise Lost is an epic poem in blank verse by the 17th-century English poet John Milton. It was originally published in 1667 in ten books, with a total of over ten thousand individual lines of verse...
by the archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
's chaplain, acting as licenser, are well known. The act expired in 1679, and for the remainder of the reign of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, as in the reign of George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
, the restrictions on the press took the form of prosecutions for libel.
In 1685 the Licensing Act was renewed for seven years (1 Jac. II. c. 17, § 15). No mention of the liberty of the press was made in the Bill of Rights
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
. On the expiration of the Licensing Act in 1692 it was continued till the end of the existing session of parliament (4 & 5 Will. and Mary, c. 24, § 14). In 1695 the Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
refused to renew it. The stationers petitioned Parliament for new censorship legislation, and when that failed they argued that authors had a natural and inherent right of ownership in what they wrote (knowing there was little an author could do with such rights other than sign them over to a publisher). This argument persuaded the Parliament and in 1709 the first Copyright Act (8 Anne, c. 19
Statute of Anne
The Statute of Anne was the first copyright law in the Kingdom of Great Britain , enacted in 1709 and entering into force on 10 April 1710...
) was enacted.
The power of a secretary of state to issue a warrant, whether general or special, for the purpose of searching for and seizing the author of a libel or the libellous papers themselves - a power exercised by the Star Chamber and confirmed by the Licensing Act - was still asserted, and was not finally declared illegal until the case of Entick v. Carrington in 1765 (St. Tr. xix. 1030). In 1776 the House of Commons came to a resolution in accordance with this decision. The compulsory stamp duty on newspapers was abandoned in 1855 (18 Vict. C. 27), the duty on paper in 1861 (24 Vict. C. 20), the optional duty on newspapers in 1870 (33 & 34 Vict. c. 38). From that time the English press maybe said to date its complete freedom, which rests rather upon a constitutional than a legal foundation. It is not confirmed by any provision of the supreme legislative authority, as is the case in many countries.