Licensing Act of 1662
The Licensing Act of 1662 was a significant piece of legislation in England that emerged in response to the growing influence of the printing press as a tool for political and religious discourse. This law arose in the context of the Restoration period following the English Civil War, when the monarchy was reestablished, and there was concern over the dissemination of radical ideas through pamphlets that challenged the status quo. The Act mandated that all printed materials required licensing, with authority given to specific officials, including the Stationers' Company and the Archbishop of Canterbury, to approve publications.
The Act sought to suppress publications deemed seditious or contrary to Christianity and the Church of England, reflecting the desire to control the flow of information that could incite dissent. Roger L'Estrange was appointed as the surveyor of the press and played a central role in enforcing the Act, conducting raids and prosecuting offenders, including notable figures like the radical publisher John Twyn, who was executed for his writings.
Although the Licensing Act was renewed several times, it ultimately lapsed in 1694 due to difficulties in enforcement and its monopolistic implications. The tensions it created contributed to the development of political factions in England, as various groups used pamphleteering to advocate for their positions during a tumultuous period in British history. The Act highlights the delicate balance between authority and freedom of expression in the early modern period.
Licensing Act of 1662
Enforced: 1662-1679, 1685-1694
Place: England
Significance: Enacted shortly after the restoration of the English monarchy, this law was designed to control unlicensed publications; it set the pattern for later prior restraint laws in the United Kingdom and the United States
England’s 1662 Licensing Act indicates how powerful printing had become as a threat to established authority by the mid-seventeenth century. The immediate context for the law was the publishing of millenarian pamphlets by opponents of the religious settlement that accompanied the restoration of the monarchy after the Commonwealth period. In 1660 the English government appointed Sir John Berkenhead as licenser, and the Stationers’ Company was empowered to seize unauthorized publications. In 1661 a parliamentary bill was introduced that resembled a 1637 decree from the Court of Star Chamber. This had support from King Charles II and was passed in 1662 with a two-year time limit. Control of printed matter was placed under parliamentary authority rather than royal prerogative. The act provided that nothing could be printed that opposed Christianity or the Church of England, or which would cause scandal. Various officials were designated to approve different areas of subject matter; the number of master printers in the Stationers’ Company was limited to twenty and new appointments had to be approved by the archbishop of Canterbury, and the chancellors or vice chancellors of the universities were to license books. Searches for illegal presses were authorized. The act was renewed until it lapsed in 1679.
In February, 1662, Roger L’Estrange was appointed surveyor of the press; he was empowered to search for and seize all seditious material, and to arrest authors, printers, and publishers—which he did in extensive raids in early 1662. L’Estrange acted as sole licenser and had a monopoly to publish narratives and advertisements. Ejections of nonconformist clergy in 1662 caused an increase in radical publications. In June, 1663, L’Estrange published a strong attack on the radical press, which he accused of inciting people to rebel. He proposed reducing the number of presses and master printers and offering rewards. In August he was named Surveyor of the Imprimery and Printing Press.
Under L’Estrange’s direction England’s government maintained effective control over the press. In October, 1663, its arrest of a prominent radical publisher, John Twyn, was a major victory for the government. As an example to others Twyn was hanged and drawn and quartered for treason; his offense was publishing material maintaining that government should be accountable to the people, who have the right to revolt and take government in their hands. Twyn was one of two printers executed during the Stuart Dynasty.
When the Licensing Act lapsed in 1679 during England’s Exclusion Crisis, attempts to exclude James, Duke of York, from the monarchical succession unleashed a flood of pamphlets. Whigs, who wanted to exclude James, and Tories, who sought to protect his rights to the throne, developed as political parties and produced pamphlets to defend their own positions and to attack those of their rivals. Such activities heightened tensions and raised political awareness. The Licensing Act was renewed in 1685, but lapsed again in 1694, when the House of Commons refused to renew it because of the difficulties in administering it and because of the monopolies it created.