1829. ] Literary Property. 605 
for the theory with which we started, that we can account for the 
absence even of a far earlier protection, in the causes we have assigned 
for a similar state of things in the old republics :—so antient an inhabi- 
tant is learning said to have been of these isles, that Cleland, the philo- 
logist, launching forth into the greatest rhapsody about the sublime dis- 
coveries of the druids, asserts, what Cicero alleged to be only matter of 
opinion as to Athens, was literally true as to Britain,—‘‘ Unde humani- 
tas, doctrina, religio, fruges jura leges orta atque in omnes terras distri- 
bute putantur.”* The precise period at which that protection commenced 
is not however known, though, from the habit which prevailed on the 
introduction of printing of resorting to the Pope, and the Venetian, and 
the Florentine republics, for an exclusive license of publication,t it could 
not have been until some time after that period. Still it is probable, as 
the spoliation on individual labour, which this power of infinite multipli- 
cation was capable of producing, became more manifest, protection 
would have gradually sprung up; and Carte, the historian, states, 
that, on examining one of the registers of the Stationers’ Company, 
from 1556 to 1595, “ he was surprised to find, even in the infancy of 
English printing, above two thousand copies of books entered as the pro- 
perty of particular persons, either in the whole, or in shares ; and men- 
tioned, from time to time, to descend, be sold, and be conveyed to others ; 
and the whole tenor of these registers is a clear proof of authers and pro- 
prietors having always enjoyed a sole and exclusive right of printing 
copies, and that no other person whatever was allowed to invade their 
right.” Indeed, by the reign of Anne, so completely was copyright esta- 
blished, that an action of damages lay for its infringement. No judicial 
declaration had pronounced any specific period for the continuance of 
the right, nor does it appear that any thing arose to call for it. There 
is no ground of distinction, however, between literary and every other 
species of property, and there could be no reason, therefore, why this was 
to be the exception to the ordinary principle, which bestowed a proprie- 
torship co-existent with the subject—matter of every right :— 
“The absence of judicial authority,” says Mr. Maugham, “ can form no 
objection to the claim. It was not decided until within a century of the present 
time, that a title to literary property could be maintained, even prior to publi- 
cation, and that according to the principles of the common law, no distance 
of time, however great, could authorize a publication without the consent of 
the author: as in the cases of Lord Clarendon’s History and the Letters of 
Pope.” p. 7. 
But, by the reign of Anne, it began to be seriously felt that the reme- 
dies of the common law were an insufficient protection, and, in the year 
1710, an act was introduced for the purpose of extending the additional 
security of penalties : 
*« The liberty now set on foot of breaking through this ancient and reason- 
able usage,” said one of the papers given in to the members in support of 
the bill, “ is no way to be effectually restrained but by an act of parliament. 
For, by common law, a bookseller can recover no more costs than he can 
prove damage ; but it is impossible for him to prove the tenth, nay, perhaps 
the hundredth part of the damage he suffers, because a thousand counterfeit 
copies may be dispersed into as many different hands all over the kingdom, 
* Way to Things by Words, and to Words by Things, page 68. 8vo. 1766. 
+ Westminster Review, No. 20, art. ‘ Literary Property and Patents.” 
