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Baller v. Watson: Entry from the Court's Book of Orders, London (1737)
Source: The National Archives: c.33 369/315
Citation:
Baller v. Watson: Entry from the Court's Book of Orders, London (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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3 transcripted pages
Chapter 1 Page 1
Tuesday 6th December
Catherine Baller Widow Surviving Ad[???] of John Gay Esq. } This Cause coming this present
and by Bill of Revivor Plaintiff James Watson Thos Read Francis } day to be heard and Debated
Jeffries Thos Astley and Robt Walker Defendents }
before the Right Honourable the Lord High Chancellor &c in the presence of Counsel learned on both sides the Substance
of the Original Bill Exhibited by the said John Gay against the Defendant appeared to be that the said John Gay
having Composed and wrote a book Intitled Polly an Opera being the second part of the beggers
Opera of which he was Sole Author & Proprietor caused the same to be printed & published at his
Chapter 1 Page 2
own Expence for his Sole use & benefitt by John Wright That by an Act of Parliament made in the 8th Year of
the Reign of her late Majesty Queen Anne the right of books published after that Year was Vested in the
Authors of them That the sole right to the said Book and of printing and publishing the same was in the said
Gay and that he never sold or Disposed thereof That the said Gay for establishing his right before the said book
was published caused the Title to the Copy to be Entered in the Register book of the Stationers Company & that
he was sole author and proprietor thereof according to the said Statute and in the ususal Manner &
Caused before Publication thereof Nine Copyes to be left at the hall of the said Company for the purposes in the said
Statute mencioned That the Defendants had Caused to be printed published & sold great Numbers of the said Books
or Copyes not printed for the said Gay or by the said Wright and had printed three Editions of the said Book
and one of them in the Title Page was mencioned to be printed by T Thompson another by T Read
and the other by Jeffry Walker without the Consent of the said Gay whereby the sale of the said Book so published
by the said Gay and printed by the said Wright was intirely stopped. That the said Gay having in all respects
Conformed to the said Act of Parliament as aforesaid he waived the ^benefit of^ penaltys thereby given That the Defendents
suppress the sale of the said Book printed for the said Gay of which the price with the Musick was formerly
3s and afterwards 2s.6d each Caused the said book of other Editions which were printed in prejudice of
said Gay to be sold for 2s one shilling and Six pence and one shilling each some with Musick & others
without and threatned they would print other Editions That the Defendents had great Numbers of Copyes
printed for themselves in their Custody which they Intended to sell That the Defendant Watson about the 15th
of April 1729 Caused an Advertizement to be published that there was just published in Octavo
a Correct Edition of the said Book printed by T Thompson and that the same was as Correct as the
boasted 4to Edition That the said Defendant Watson or some person on his behalfe was the printer or
Publisher of the same Octavo Edition That the Defendant Walker about the 18th and 21st of the same April
caused advertizements to be printed That there was an edition of the said book in Octavo written by the
said Gay and printed for the said Defendant Walker and in the said Advertizement of the 21st of April remarked
That the said Edition was sold the then last Week for one shilling & six pence but the said Gay the Author
of the 4to Edition having fallen his price the proprietors of the said Octavo Edition thought fitt
to fall his price to one Shilling That the said Defendant notwithstanding they had full knowledge
of the right of the said Gay to the said book they sold and published many books of the said Octavo Edition
Therefore That the Defendants might Answer the premises and might come to an account with the said
Gay for such of the said books as were Sold by them and for an Injuncion to stay the printing
publishing and Vending of any Copyes of the said Book other than the said Gays Editions
and to be releived in the premises was the Scope of the said Bill to which Bill the Defendants put in
their answers but before any further proceedings were had the said John Gay dyed where by the
said Suite abated That he dying Intestate administracion of his Personal Estate was granted to the Plaintiff
Catherine Baller and one Joannas Fortescue (since dead) who Exhibited their Bill of [something]
in this Court against the Defendants and the said proceedings by an Order of the 31st of May 1733 Stands duly revived
Therefore That the said preoceedings may stand revived and to be releived in the proceeds is the Scope of the
Plaintiffs Bill ^of [something]^ Whereto the Counsel for the Defendant James Watson alleges That the said Defendant by his Answer to the
said Original Bill sayd that the said Gay did Compose and write the book in the said Bill mencioned & that
he was Sole Author & Proprietor thereof and had Caused the said Book to be printed & published
for his Sole benefitt and that he the Defendant had full Notice of the said Gays right thereto & that Defendant did
print part of two Editions thereof in Octavo with the Musick mencioned in the said Bill to
be printed by T Thomson and that the name T Thomson was only made use of by him the
Defendant tho the same was not printed by any such person That Samual Aris (since deceased) did
print the other part of the said two Editions and the Number of the first Impression was 2000
Copyes and the second 1000 Copyes which were printed at the Joint Expence of him the Defendant &
the Defendant Astley without the Consent of the said Gay or Wright That the same were not printed
for the benefit of the Author That he the Defendant and the Defendant Astley published & optioned to sale
all the said Edition and that he the said Defendant Sold his Share to Booksellers at 5li Per hundred &
had sold the whole except 30 Copyes in his Custody & That the profitt he made did not
Chapter 1 Page 3
amount to more than 20li And that he the Defendant about the 15th of April 1729 Caused
Such advertizement to be published as in the Original Bill mencioned That 1000 Copyes
of the first of the said two Editions and 500 of the last Edition (except thirty) be
Sold for one Shilling a peice to booksellers and one Shilling and Sixpence to others and that the profitt
was fourpence for every book sold ^to book sellers & tenpence for every book sold^ to others and the
Counsel for the Defendant Read alleadged That the said Defendant by his answer to the Original Bill
sayd that about the 8th of April 1729 he did buy a book entitled Polly an Opera being the second part of
the beggars Opera written by the said Gay mencioned to be Printed by T Thomson for one Shilling and
Six pence which book ^he^ the Defendant believed to be the Edition in the said Bill mencioned from
which book he the Defendant printed 500 Copyes with out the Consent of the said Gay or
Wright 350 of which books he the Defendant Exposed to sale and the said 500 Copyes if sold would
have been worth 18li Some he sold for 1s others for Ninepence Eight pence and as to the remaining
150 he had made wast paper of them That deducting the Expenses he was put to he believed he
was a looser by what he sold That he the Defendant knew not of any Edition of the said book wherof the
Title Page Imported to have been printed by T Read or Jeffry Walker or that the Defendants Watson
and Walker did print any of the additions to the three Editions of the said Book mencioned to be
printed by T Thompson T Read and Jeffry Walker and that he the Defendant never had any right to
print the said Book and the Counsel for the Defendant Francis Jeffryes alleged that the said Defendant by
his answer to the Original Bill sayd that he admitted the said Gays right to the said Book and that he
bought of the Defendant Watson 60 Copyes printed by T Thompson at 1s a book and sold them at one
penny half penny a Book profitt which books were not printed for the benefitt of the author and the Counsel
for the Defendant Thos Astley alleged that the said Defendant by his answer to the Original Bill sayd that
he was jointly Concerned with the Defendant Watson in printing 3000 Copyes of the said Book and that
he sold 1263 Copyes at 5li a hundred to booksellers and about 12 to others at one Shlling and Six pence a
Copy and that the remaining 213 were in his hands and his profitt did not amount to more that 15li and
admitted that he never had any right to print the said Book and the Counsel for the Defendant Robert Walker
alleadged that the said Defendant by his answer sayd that he sold some of the said Books with the name
Jeffrey Walker sett thereto that his brother the said Jeffry Walker having undertaken the printing &
publishing a book of the same name in the stile mencioned he the Defendant was Securety for his
paying the printer and that two or three Editions of the said Book were printed off and that he the Defendant
had no right to the said Book Whereupon and upon long Debate of the Matter and hearing
of the answer of the Defendant Jeffryes the answer of the Defendant Walker and an advertisement in the daily
Journal dated the 18th of April 1729 and the proofs taken in the cause read and what could be alledged
by the Counsel on both sides His Lordship doth think fit and so Order and Decree That the Injunction formerly
granted in this Cause to stay the Defendants from printing publishing and Vending the said Book be
Perpetual and it is further Ordered and Decreed That it be referred to Mr Eldone [?] &c to take an
Account against the severall Defendants (Except the Defendant Walker against whom the Plaintiff now
Waives any Account) of the profitts of the books mencioned in the Bill printed published or sold by the
said Defendants or any of them without the Consent of the Plaintiff Intestate or of some person claiming
under him for Discovery whereof the said Defendants accounting are upon Oath to produce before the said
Master all books Papers and writings which they have in their Custody or power relating thereto and are
to be Examined on Interryes as the said Master shall direct in the taking of which account the said Master
is to make unto the said Defendants all just allowances and what upon the same account shall be found due
from the severall Defendants after all just allowances deducted It is ordered and Decreed That the said
Defendant James Watsons Thos Read Francis Jeffryes ad Thos Astley do respectively pay the same for the
Plaintiff as the said master shall Direct and it is further Ordered That the said Master do tax the Plaintiff the
Costs of the Suite hitherto which is to be paid to her by the said Defendants Except the Defendant Walker
and his Lordship doth Reserve the Costs of the account untill after the said Master shall have made his Report
Transcription by:
Source: The National Archives: c.33 369/315
Citation:
Baller v. Watson: Entry from the Court's Book of Orders, London (1737), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
3 transcripted pages
Chapter 1 Page 1
Tuesday 6th December
Catherine Baller Widow Surviving Ad[???] of John Gay Esq. } This Cause coming this present
and by Bill of Revivor Plaintiff James Watson Thos Read Francis } day to be heard and Debated
Jeffries Thos Astley and Robt Walker Defendents }
before the Right Honourable the Lord High Chancellor &c in the presence of Counsel learned on both sides the Substance
of the Original Bill Exhibited by the said John Gay against the Defendant appeared to be that the said John Gay
having Composed and wrote a book Intitled Polly an Opera being the second part of the beggers
Opera of which he was Sole Author & Proprietor caused the same to be printed & published at his
Chapter 1 Page 2
own Expence for his Sole use & benefitt by John Wright That by an Act of Parliament made in the 8th Year of
the Reign of her late Majesty Queen Anne the right of books published after that Year was Vested in the
Authors of them That the sole right to the said Book and of printing and publishing the same was in the said
Gay and that he never sold or Disposed thereof That the said Gay for establishing his right before the said book
was published caused the Title to the Copy to be Entered in the Register book of the Stationers Company & that
he was sole author and proprietor thereof according to the said Statute and in the ususal Manner &
Caused before Publication thereof Nine Copyes to be left at the hall of the said Company for the purposes in the said
Statute mencioned That the Defendants had Caused to be printed published & sold great Numbers of the said Books
or Copyes not printed for the said Gay or by the said Wright and had printed three Editions of the said Book
and one of them in the Title Page was mencioned to be printed by T Thompson another by T Read
and the other by Jeffry Walker without the Consent of the said Gay whereby the sale of the said Book so published
by the said Gay and printed by the said Wright was intirely stopped. That the said Gay having in all respects
Conformed to the said Act of Parliament as aforesaid he waived the ^benefit of^ penaltys thereby given That the Defendents
suppress the sale of the said Book printed for the said Gay of which the price with the Musick was formerly
3s and afterwards 2s.6d each Caused the said book of other Editions which were printed in prejudice of
said Gay to be sold for 2s one shilling and Six pence and one shilling each some with Musick & others
without and threatned they would print other Editions That the Defendents had great Numbers of Copyes
printed for themselves in their Custody which they Intended to sell That the Defendant Watson about the 15th
of April 1729 Caused an Advertizement to be published that there was just published in Octavo
a Correct Edition of the said Book printed by T Thompson and that the same was as Correct as the
boasted 4to Edition That the said Defendant Watson or some person on his behalfe was the printer or
Publisher of the same Octavo Edition That the Defendant Walker about the 18th and 21st of the same April
caused advertizements to be printed That there was an edition of the said book in Octavo written by the
said Gay and printed for the said Defendant Walker and in the said Advertizement of the 21st of April remarked
That the said Edition was sold the then last Week for one shilling & six pence but the said Gay the Author
of the 4to Edition having fallen his price the proprietors of the said Octavo Edition thought fitt
to fall his price to one Shilling That the said Defendant notwithstanding they had full knowledge
of the right of the said Gay to the said book they sold and published many books of the said Octavo Edition
Therefore That the Defendants might Answer the premises and might come to an account with the said
Gay for such of the said books as were Sold by them and for an Injuncion to stay the printing
publishing and Vending of any Copyes of the said Book other than the said Gays Editions
and to be releived in the premises was the Scope of the said Bill to which Bill the Defendants put in
their answers but before any further proceedings were had the said John Gay dyed where by the
said Suite abated That he dying Intestate administracion of his Personal Estate was granted to the Plaintiff
Catherine Baller and one Joannas Fortescue (since dead) who Exhibited their Bill of [something]
in this Court against the Defendants and the said proceedings by an Order of the 31st of May 1733 Stands duly revived
Therefore That the said preoceedings may stand revived and to be releived in the proceeds is the Scope of the
Plaintiffs Bill ^of [something]^ Whereto the Counsel for the Defendant James Watson alleges That the said Defendant by his Answer to the
said Original Bill sayd that the said Gay did Compose and write the book in the said Bill mencioned & that
he was Sole Author & Proprietor thereof and had Caused the said Book to be printed & published
for his Sole benefitt and that he the Defendant had full Notice of the said Gays right thereto & that Defendant did
print part of two Editions thereof in Octavo with the Musick mencioned in the said Bill to
be printed by T Thomson and that the name T Thomson was only made use of by him the
Defendant tho the same was not printed by any such person That Samual Aris (since deceased) did
print the other part of the said two Editions and the Number of the first Impression was 2000
Copyes and the second 1000 Copyes which were printed at the Joint Expence of him the Defendant &
the Defendant Astley without the Consent of the said Gay or Wright That the same were not printed
for the benefit of the Author That he the Defendant and the Defendant Astley published & optioned to sale
all the said Edition and that he the said Defendant Sold his Share to Booksellers at 5li Per hundred &
had sold the whole except 30 Copyes in his Custody & That the profitt he made did not
Chapter 1 Page 3
amount to more than 20li And that he the Defendant about the 15th of April 1729 Caused
Such advertizement to be published as in the Original Bill mencioned That 1000 Copyes
of the first of the said two Editions and 500 of the last Edition (except thirty) be
Sold for one Shilling a peice to booksellers and one Shilling and Sixpence to others and that the profitt
was fourpence for every book sold ^to book sellers & tenpence for every book sold^ to others and the
Counsel for the Defendant Read alleadged That the said Defendant by his answer to the Original Bill
sayd that about the 8th of April 1729 he did buy a book entitled Polly an Opera being the second part of
the beggars Opera written by the said Gay mencioned to be Printed by T Thomson for one Shilling and
Six pence which book ^he^ the Defendant believed to be the Edition in the said Bill mencioned from
which book he the Defendant printed 500 Copyes with out the Consent of the said Gay or
Wright 350 of which books he the Defendant Exposed to sale and the said 500 Copyes if sold would
have been worth 18li Some he sold for 1s others for Ninepence Eight pence and as to the remaining
150 he had made wast paper of them That deducting the Expenses he was put to he believed he
was a looser by what he sold That he the Defendant knew not of any Edition of the said book wherof the
Title Page Imported to have been printed by T Read or Jeffry Walker or that the Defendants Watson
and Walker did print any of the additions to the three Editions of the said Book mencioned to be
printed by T Thompson T Read and Jeffry Walker and that he the Defendant never had any right to
print the said Book and the Counsel for the Defendant Francis Jeffryes alleged that the said Defendant by
his answer to the Original Bill sayd that he admitted the said Gays right to the said Book and that he
bought of the Defendant Watson 60 Copyes printed by T Thompson at 1s a book and sold them at one
penny half penny a Book profitt which books were not printed for the benefitt of the author and the Counsel
for the Defendant Thos Astley alleged that the said Defendant by his answer to the Original Bill sayd that
he was jointly Concerned with the Defendant Watson in printing 3000 Copyes of the said Book and that
he sold 1263 Copyes at 5li a hundred to booksellers and about 12 to others at one Shlling and Six pence a
Copy and that the remaining 213 were in his hands and his profitt did not amount to more that 15li and
admitted that he never had any right to print the said Book and the Counsel for the Defendant Robert Walker
alleadged that the said Defendant by his answer sayd that he sold some of the said Books with the name
Jeffrey Walker sett thereto that his brother the said Jeffry Walker having undertaken the printing &
publishing a book of the same name in the stile mencioned he the Defendant was Securety for his
paying the printer and that two or three Editions of the said Book were printed off and that he the Defendant
had no right to the said Book Whereupon and upon long Debate of the Matter and hearing
of the answer of the Defendant Jeffryes the answer of the Defendant Walker and an advertisement in the daily
Journal dated the 18th of April 1729 and the proofs taken in the cause read and what could be alledged
by the Counsel on both sides His Lordship doth think fit and so Order and Decree That the Injunction formerly
granted in this Cause to stay the Defendants from printing publishing and Vending the said Book be
Perpetual and it is further Ordered and Decreed That it be referred to Mr Eldone [?] &c to take an
Account against the severall Defendants (Except the Defendant Walker against whom the Plaintiff now
Waives any Account) of the profitts of the books mencioned in the Bill printed published or sold by the
said Defendants or any of them without the Consent of the Plaintiff Intestate or of some person claiming
under him for Discovery whereof the said Defendants accounting are upon Oath to produce before the said
Master all books Papers and writings which they have in their Custody or power relating thereto and are
to be Examined on Interryes as the said Master shall direct in the taking of which account the said Master
is to make unto the said Defendants all just allowances and what upon the same account shall be found due
from the severall Defendants after all just allowances deducted It is ordered and Decreed That the said
Defendant James Watsons Thos Read Francis Jeffryes ad Thos Astley do respectively pay the same for the
Plaintiff as the said master shall Direct and it is further Ordered That the said Master do tax the Plaintiff the
Costs of the Suite hitherto which is to be paid to her by the said Defendants Except the Defendant Walker
and his Lordship doth Reserve the Costs of the account untill after the said Master shall have made his Report
Transcription by: