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Pope's Bill of Complaint, and Curl's Answer, London (1741)
Source: The National Archives: c.11 1569/29
Citation:
Pope's Bill of Complaint, and Curl's Answer, London (1741), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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To the Right Honourable Philip Lord Hardwicke Baron of Hardwicke in the County of Gloucester Lord High Chancellor of Great Britain:
Humbly Complaining Sheweth unto Your Lordship Your Orator Alexander Pope of Twickenham in the County of Middlesex Esquire That
by an Act of Parliament made in the Eighth Year of the Reign of her late Majestie Queen Ann Intitled an Act for Encouragement of
Learning by Vesting the Copies of Printed Books in the Authors or Purchasors of such Copies during the times therein mencioned It is
among other things Enacted that the Author of any Book or Books Composed on the Tenth day of April One thousand seven hundred & ten
and not Printed & Published or that should hereafter be Composed & his Assignee or Assignes should have the sole liberty of Printing &
Reprinting such Book & Books for the Term of Fourteen Years to Commence from the day of the first Publishing the same As by the said
Act of Parliament to which your Orator craves leave to referr himself may appear And your Orator sheweth that he hath at different times
wrote several Letters between the Years One thousand seven hundred and fourteen & One thousand seven hundred & thirty eight upon
various subjects addressed to the Reverend Dr Swift Dean of St Patricks in the Kingdom of Ireland bearing date respectively the Eighteenth
of June One thousand seven hundred and fourteen Twentieth of June One thousand seven hundred & sixteen, Twelfth of January One
thousand seven hundred & twenty three, Fourteenth of September One thousand seven hundred & twenty five, Fifteenth of October One
thousand seven hundred and twenty five, Tenth of December one thousand seven hundred & twenty five, Twenty second of August One
thousand seven hundred & twenty six, Third of September One thousand seven hundred & twenty six, Sixteenth of November One thousand
seven hundred & twenty six, Eighth of March One thousand seven hundred & twenty six/seven, Second of October One thousand seven
hundred and twenty seven, Twenty third of March One thousand seven hundred & twenty seven/eight, Twenty eighth of June One thousand
seven hundred & twenty eight, Twelfth of November One thousand seven hundred & twenty eight, Ninth of October One thousand seven
hundred & twenty nine, Twenty eighth of November One thousand seven hundred & twenty nine, Fourteenth of April One thousand seven
hundred & thirty, December the Fifth One thousand seven hundred & thirty two, Sixteenth of February One thousand seven hundred
& thirty two/three, Second of April One thousand seven hundred & thirty three, Twenty eighth of May One thousand seven hundred & thirty
three, First of September One thousand seven hundred & thirty three, Sixth of January One thousand seven hundred & thirty four, Fifteenth
of September One thousand seven hundred & thirty four, Nineteenth of December One thousand seven hundred & thirty four, Twenty fifth
of March, One thousand seven hundred & thirty six, Seventeenth of August One thousand seven hundred & thirty six, Thirtieth of December
One thousand seven hundred & thirty six, Twenty third of March One thousand seven hundred & thirty six/seven, And your Orator further
sheweth that your Orator was the Sole Author of the said Letters & having never disposed of the Copy right of such Letters to any person or
persons whatsoever And your Orator had & has the Sole & Absolute right of Printing Reprinting Vending & Selling the same as he should
think fit And your Orator sheweth that your Orator during the said Period of Time received several Letters from the said Dr Swift bearing
date respectively the Twenty Eighth of June One thousand seven hundred & fifteen, Thirtieth of August One thousand seven hundred &
Sixteen, Twentieth of September One thousand seven hundred & twenty three, Twenty ninth of September One thousand seven hundred &
twenty five, Twenty sixth of November One thousand seven hundred & twenty five, Fourth May One thousand seven hundred & twenty six,
Seventeenth of November One thousand seven hundred & Twenty six, Fifth of December One thousand seven hundred & twenty six,
Twelfth of October One thousand seven hundred & twenty seven, Thirtieth of October One thousand seven hundred & twenty seven, Tenth
of May One thousand seven hundred & Twenty Eight, First of June One thousand seven hundred & twenty eight, Sixteenth of July One
thousand seven hundred & Twenty eight, Thirteenth of February, One thousand seven hundred & twenty eight, Eleventh of August
One thousand seven hundred & twenty nine, Thirty first of October One thousand seven hundred & twenty nine, Twelfth of June, One
thousand seven hundred & thirty two, First of May One thousand seven hundred & thirty three, Eighth of July One thousand seven hundred
& thirty three, First of November One thousand seven hundred & thirty four, Twelfth of May One thousand seven hundred & thirty five, ^
3rd of September 1735^ Twenty first of October One thousand seven hundred & thirty five, Seventh of February, One thousand seven
hundred and thirty five/six, Ninth of February One thousand seven hundred & thirty five/six, Twenty second of April One thousand seven
hundred & thirty six, Second of December One thousand seven hundred & thirty six, Thirty first of May One thousand seven hundred &
thirty seven, Twenty third of July One thousand seven hundred & thirty seven, Eighth of August One thousand seven hundred & thirty eight
And your Orator hoped that neither his said writings or Letters whereof the Property is vested in your Orator as Author thereof nor those
other Letters which were sent & addressed to your Orator would have been Printed Published or Sold without your Orators Consent But now
so it is may it please your Lordship that Edmund Curl of the Parish of St Paul Covent Garden in the County of Middlesex Bookseller
Combining and Confrating with divers persons to your Orator unknown whose Names when discovered your Orator prays he may be at
Liberty to Insert in this his Bill of Complaint & make them Parties hereto with apt words to Charge them Contrive & Endeavour to defeat &
defraud your Orator in this behalf And in Order thereto the said Edmund Curl altho’ he is well assured of your Orators right to the said
writings Letters & all benefit thereof has lately Printed & Published or Caused to be Printed & Published a Book with the following Title
that is to say Dean Swifts Literary Correspondence for Twenty Four Years from 1714 to 1738 Consisting of Original Letters to &
from Mr Pope, Dr Swift, Mr Gay, Lord Bolingbroke, Dr Arbuthnott, Dr Wotton, Bishop Atterbury, Duke & Dutchess of Queensbury,
London, Printed for E Curl, at Popes head in Rose Street Covent Garden MDCCXLI, Price 4 S: Sewed 5 S Bound And in the said Book so
Published by the said Edmund Curl are contained the said Writings or Letters bearing date respectively as aforesaid Composed by your
Orator & Addressed to the said Dr Swift and also the said Letters bearing date as aforesaid wrote by the said Dr Swift & sent to your Orator
and your Orator Charges that the said Edmund Curll & the rest of the Confrates have & have sold & Disposed of a Great Number &
Quantity of the said Surreptious & Pyrate Edition of the said Letters & threaten that they will Continue to Sell & Dispose of the same in
Open Defiance of the Law & of your Orators Just Title to the said Letters In Tender Consideracion whereof & for that your Orator is
without Remedy by the Common Law & cannot Obtain a Discovery of the Numbers which have been Printed & Sold of such Surreptious &
Pyrated Edition nor get an Account of the Money which the said Confrates have received for what they have respectively sold nor Restrain
the said Confrates from Selling such Writings so illegally Printed but by the Aid of a Court of Equity To the End therefore that the said
Edmund Curl & the rest of the Confrates when discovered may upon their respective Corporal Oaths true & perfect Answer make to all &
singular the Premisses & that as fully & particularly as if the same were herein again repeated & Interrogated into (your Orator hereby
Leaving & Disclaiming all Penaltys & Forfeitures whatsoever given or allowed by the said Act) & may according to the best of their
respective knowledge Information remembrance & belief setforth whether your Orator was not & is the Sole Author & Proprietor of such
part of the said Book as Purports to be Letters Written by your Orator & whether your Orator has ever & when Disposed of his Right therein
to any person or persons & whom & whether your Orator has not the Sole & Absolute Right of Printing & Reprinting Vending or Selling
such Letters & whether the said Confrates or any & which of them or any other person or persons & who with their or which of their privity
knowledge or Procurement have not Printed & Published or Caused to be Printed & Published any & what number of Books under the
aforesaid title of Dean Swifts Literary Correspondence for Twenty four Years from 1714 to 1738 Consisting of Original Letters to & from
Mr Pope, Dr Swift, Mr Gay, Lord Bolingbrook, Dr Arbuthnott, Dr Wotton, Bishop Atterbury, Duke & Dutchess of Queensbury,
London, Printed for E Curll, at Popes Head in Rose Street Covent Garden MDCCXLI Price 4 s Sewed 5 s Bound or under any other & what
Title & whether the said Confrates do not know or believe that your Orator was & is the Sole Author & Proprietor of the Letters said to be
wrote by your Orator & contained in the said Book so printed & Published by the Defendant as aforesaid & whether the said Confrates or
any of them have ever had any Licence or Authority from your Orator to Print or Publish any of your Orators said Letters or any of the said
Letters sent by the said Dr Swift to your Orator in manner aforesaid or in any other manner whatsoever & if not why they have done the
same & may setforth what Right or Title they or any of them have or pretend to have to your Orators Letters or the said Letters wrote to
your Orator as aforesaid or any part thereof & how many Books or Copies of the said Book so illegally Printed & Published by the said
Edmund Curll as aforesaid have been at any time sold by the said Confrates or any or which of them & at & for what price & what profit
they have made & gotten thereby & may setforth all Agreements made between the said Confrates or any of them or any other person or
persons & whom in relacion to the Printing in Pyratt & Illegal Edition or the Profits Arising thereby & the Names of all & every Person &
Persons who are or have been any ways Concerned Aiding or Assisting in the Printing or Publishing Buying or Selling thereof & whether
such proceedings of the said Confrates are not or will be any & what Prejudice to your Orator in preventing your Orator from Printing
Publishing & Selling the said Letters & that the said Confrates may setforth how many Books or Copies of the said Pyrated or Illegal
Edition remain unsold in the Custody or power of them or any and which of them & that the same & every of them may be delivered up to
be disposed of as this Honourable Court shall direct & that the said Defendants & their Confrates may severally Account with your Orator
for all profits & advantages which they or any of them have Jointly or Severally made or Gotten by reason or means of the said Pyrated &
Illegal Edition & may Pay your Orator the same & may be restrained by the Injuncion of this Honourable Court from Vending selling or
disposing of any of the said Books or Copies of the said Writings or Letters whereof your Orator is Author or Proprietor so by means some
of them illegally Printed & Published as aforesaid & from Printing Publishing or Selling any New or other Edition thereof for the future &
that your Orator may have such further & other releif in the premises as shall be agreable to the nature of his case & the Rules of Equity &
good Conscience May it please your Lordship not only to grant unto your Orator his Majesties most gracious Writ of Injuncion to restrain
the said Edmund Curll from Vending Selling or Disposing of any of the said Books or Copies of the said Writings or Letters but also his
Majesties most gracious Writ of [something] to be directed to the said Edmund Curll thereby Comanding him at a certain day & under a
Certain pain therein to be Limitted Personally to be & appear before your Lordship in this high & honourable Court then & there on his
Corporal Oath true direct distinct & perfect Answer to make to all & singular the premises & further to stand to Obey Abide & perform
such Order Direction & Decree therein as to your Lordship shall seem meet And your Orator shall ever pray –
Macklen W: Murray
Source: The National Archives: c.11 1569/29
Citation:
Pope's Bill of Complaint, and Curl's Answer, London (1741), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
No Translation available.
To the Right Honourable Philip Lord Hardwicke Baron of Hardwicke in the County of Gloucester Lord High Chancellor of Great Britain:
Humbly Complaining Sheweth unto Your Lordship Your Orator Alexander Pope of Twickenham in the County of Middlesex Esquire That
by an Act of Parliament made in the Eighth Year of the Reign of her late Majestie Queen Ann Intitled an Act for Encouragement of
Learning by Vesting the Copies of Printed Books in the Authors or Purchasors of such Copies during the times therein mencioned It is
among other things Enacted that the Author of any Book or Books Composed on the Tenth day of April One thousand seven hundred & ten
and not Printed & Published or that should hereafter be Composed & his Assignee or Assignes should have the sole liberty of Printing &
Reprinting such Book & Books for the Term of Fourteen Years to Commence from the day of the first Publishing the same As by the said
Act of Parliament to which your Orator craves leave to referr himself may appear And your Orator sheweth that he hath at different times
wrote several Letters between the Years One thousand seven hundred and fourteen & One thousand seven hundred & thirty eight upon
various subjects addressed to the Reverend Dr Swift Dean of St Patricks in the Kingdom of Ireland bearing date respectively the Eighteenth
of June One thousand seven hundred and fourteen Twentieth of June One thousand seven hundred & sixteen, Twelfth of January One
thousand seven hundred & twenty three, Fourteenth of September One thousand seven hundred & twenty five, Fifteenth of October One
thousand seven hundred and twenty five, Tenth of December one thousand seven hundred & twenty five, Twenty second of August One
thousand seven hundred & twenty six, Third of September One thousand seven hundred & twenty six, Sixteenth of November One thousand
seven hundred & twenty six, Eighth of March One thousand seven hundred & twenty six/seven, Second of October One thousand seven
hundred and twenty seven, Twenty third of March One thousand seven hundred & twenty seven/eight, Twenty eighth of June One thousand
seven hundred & twenty eight, Twelfth of November One thousand seven hundred & twenty eight, Ninth of October One thousand seven
hundred & twenty nine, Twenty eighth of November One thousand seven hundred & twenty nine, Fourteenth of April One thousand seven
hundred & thirty, December the Fifth One thousand seven hundred & thirty two, Sixteenth of February One thousand seven hundred
& thirty two/three, Second of April One thousand seven hundred & thirty three, Twenty eighth of May One thousand seven hundred & thirty
three, First of September One thousand seven hundred & thirty three, Sixth of January One thousand seven hundred & thirty four, Fifteenth
of September One thousand seven hundred & thirty four, Nineteenth of December One thousand seven hundred & thirty four, Twenty fifth
of March, One thousand seven hundred & thirty six, Seventeenth of August One thousand seven hundred & thirty six, Thirtieth of December
One thousand seven hundred & thirty six, Twenty third of March One thousand seven hundred & thirty six/seven, And your Orator further
sheweth that your Orator was the Sole Author of the said Letters & having never disposed of the Copy right of such Letters to any person or
persons whatsoever And your Orator had & has the Sole & Absolute right of Printing Reprinting Vending & Selling the same as he should
think fit And your Orator sheweth that your Orator during the said Period of Time received several Letters from the said Dr Swift bearing
date respectively the Twenty Eighth of June One thousand seven hundred & fifteen, Thirtieth of August One thousand seven hundred &
Sixteen, Twentieth of September One thousand seven hundred & twenty three, Twenty ninth of September One thousand seven hundred &
twenty five, Twenty sixth of November One thousand seven hundred & twenty five, Fourth May One thousand seven hundred & twenty six,
Seventeenth of November One thousand seven hundred & Twenty six, Fifth of December One thousand seven hundred & twenty six,
Twelfth of October One thousand seven hundred & twenty seven, Thirtieth of October One thousand seven hundred & twenty seven, Tenth
of May One thousand seven hundred & Twenty Eight, First of June One thousand seven hundred & twenty eight, Sixteenth of July One
thousand seven hundred & Twenty eight, Thirteenth of February, One thousand seven hundred & twenty eight, Eleventh of August
One thousand seven hundred & twenty nine, Thirty first of October One thousand seven hundred & twenty nine, Twelfth of June, One
thousand seven hundred & thirty two, First of May One thousand seven hundred & thirty three, Eighth of July One thousand seven hundred
& thirty three, First of November One thousand seven hundred & thirty four, Twelfth of May One thousand seven hundred & thirty five, ^
3rd of September 1735^ Twenty first of October One thousand seven hundred & thirty five, Seventh of February, One thousand seven
hundred and thirty five/six, Ninth of February One thousand seven hundred & thirty five/six, Twenty second of April One thousand seven
hundred & thirty six, Second of December One thousand seven hundred & thirty six, Thirty first of May One thousand seven hundred &
thirty seven, Twenty third of July One thousand seven hundred & thirty seven, Eighth of August One thousand seven hundred & thirty eight
And your Orator hoped that neither his said writings or Letters whereof the Property is vested in your Orator as Author thereof nor those
other Letters which were sent & addressed to your Orator would have been Printed Published or Sold without your Orators Consent But now
so it is may it please your Lordship that Edmund Curl of the Parish of St Paul Covent Garden in the County of Middlesex Bookseller
Combining and Confrating with divers persons to your Orator unknown whose Names when discovered your Orator prays he may be at
Liberty to Insert in this his Bill of Complaint & make them Parties hereto with apt words to Charge them Contrive & Endeavour to defeat &
defraud your Orator in this behalf And in Order thereto the said Edmund Curl altho’ he is well assured of your Orators right to the said
writings Letters & all benefit thereof has lately Printed & Published or Caused to be Printed & Published a Book with the following Title
that is to say Dean Swifts Literary Correspondence for Twenty Four Years from 1714 to 1738 Consisting of Original Letters to &
from Mr Pope, Dr Swift, Mr Gay, Lord Bolingbroke, Dr Arbuthnott, Dr Wotton, Bishop Atterbury, Duke & Dutchess of Queensbury,
London, Printed for E Curl, at Popes head in Rose Street Covent Garden MDCCXLI, Price 4 S: Sewed 5 S Bound And in the said Book so
Published by the said Edmund Curl are contained the said Writings or Letters bearing date respectively as aforesaid Composed by your
Orator & Addressed to the said Dr Swift and also the said Letters bearing date as aforesaid wrote by the said Dr Swift & sent to your Orator
and your Orator Charges that the said Edmund Curll & the rest of the Confrates have & have sold & Disposed of a Great Number &
Quantity of the said Surreptious & Pyrate Edition of the said Letters & threaten that they will Continue to Sell & Dispose of the same in
Open Defiance of the Law & of your Orators Just Title to the said Letters In Tender Consideracion whereof & for that your Orator is
without Remedy by the Common Law & cannot Obtain a Discovery of the Numbers which have been Printed & Sold of such Surreptious &
Pyrated Edition nor get an Account of the Money which the said Confrates have received for what they have respectively sold nor Restrain
the said Confrates from Selling such Writings so illegally Printed but by the Aid of a Court of Equity To the End therefore that the said
Edmund Curl & the rest of the Confrates when discovered may upon their respective Corporal Oaths true & perfect Answer make to all &
singular the Premisses & that as fully & particularly as if the same were herein again repeated & Interrogated into (your Orator hereby
Leaving & Disclaiming all Penaltys & Forfeitures whatsoever given or allowed by the said Act) & may according to the best of their
respective knowledge Information remembrance & belief setforth whether your Orator was not & is the Sole Author & Proprietor of such
part of the said Book as Purports to be Letters Written by your Orator & whether your Orator has ever & when Disposed of his Right therein
to any person or persons & whom & whether your Orator has not the Sole & Absolute Right of Printing & Reprinting Vending or Selling
such Letters & whether the said Confrates or any & which of them or any other person or persons & who with their or which of their privity
knowledge or Procurement have not Printed & Published or Caused to be Printed & Published any & what number of Books under the
aforesaid title of Dean Swifts Literary Correspondence for Twenty four Years from 1714 to 1738 Consisting of Original Letters to & from
Mr Pope, Dr Swift, Mr Gay, Lord Bolingbrook, Dr Arbuthnott, Dr Wotton, Bishop Atterbury, Duke & Dutchess of Queensbury,
London, Printed for E Curll, at Popes Head in Rose Street Covent Garden MDCCXLI Price 4 s Sewed 5 s Bound or under any other & what
Title & whether the said Confrates do not know or believe that your Orator was & is the Sole Author & Proprietor of the Letters said to be
wrote by your Orator & contained in the said Book so printed & Published by the Defendant as aforesaid & whether the said Confrates or
any of them have ever had any Licence or Authority from your Orator to Print or Publish any of your Orators said Letters or any of the said
Letters sent by the said Dr Swift to your Orator in manner aforesaid or in any other manner whatsoever & if not why they have done the
same & may setforth what Right or Title they or any of them have or pretend to have to your Orators Letters or the said Letters wrote to
your Orator as aforesaid or any part thereof & how many Books or Copies of the said Book so illegally Printed & Published by the said
Edmund Curll as aforesaid have been at any time sold by the said Confrates or any or which of them & at & for what price & what profit
they have made & gotten thereby & may setforth all Agreements made between the said Confrates or any of them or any other person or
persons & whom in relacion to the Printing in Pyratt & Illegal Edition or the Profits Arising thereby & the Names of all & every Person &
Persons who are or have been any ways Concerned Aiding or Assisting in the Printing or Publishing Buying or Selling thereof & whether
such proceedings of the said Confrates are not or will be any & what Prejudice to your Orator in preventing your Orator from Printing
Publishing & Selling the said Letters & that the said Confrates may setforth how many Books or Copies of the said Pyrated or Illegal
Edition remain unsold in the Custody or power of them or any and which of them & that the same & every of them may be delivered up to
be disposed of as this Honourable Court shall direct & that the said Defendants & their Confrates may severally Account with your Orator
for all profits & advantages which they or any of them have Jointly or Severally made or Gotten by reason or means of the said Pyrated &
Illegal Edition & may Pay your Orator the same & may be restrained by the Injuncion of this Honourable Court from Vending selling or
disposing of any of the said Books or Copies of the said Writings or Letters whereof your Orator is Author or Proprietor so by means some
of them illegally Printed & Published as aforesaid & from Printing Publishing or Selling any New or other Edition thereof for the future &
that your Orator may have such further & other releif in the premises as shall be agreable to the nature of his case & the Rules of Equity &
good Conscience May it please your Lordship not only to grant unto your Orator his Majesties most gracious Writ of Injuncion to restrain
the said Edmund Curll from Vending Selling or Disposing of any of the said Books or Copies of the said Writings or Letters but also his
Majesties most gracious Writ of [something] to be directed to the said Edmund Curll thereby Comanding him at a certain day & under a
Certain pain therein to be Limitted Personally to be & appear before your Lordship in this high & honourable Court then & there on his
Corporal Oath true direct distinct & perfect Answer to make to all & singular the premises & further to stand to Obey Abide & perform
such Order Direction & Decree therein as to your Lordship shall seem meet And your Orator shall ever pray –
Macklen W: Murray