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Collins Dec 12th 1751
December 1751 before
Both sworn at the publick office The Joint and several answers of John Marchant Gentleman and Robert Walker Defendants to the Bill of
Complaint of Jacob Tonson Richard Tonson Somerset Draper James Hodges Samuel Bert Thomas Longman
Lyncolnes Inn the twelfth day of Benjamin Dodd Edward Wasted Charles Hitch Charles Corbet John Brindley John Ward and John Oswald

The said defendants saving and reserving to themselves now and at all times hereafter all Benefit and Advantage of Exception to the
Manifold uncertainties Insufficiencies and other Imperfections in the Complainants said Bill of Complaint contained
for answer thereunto or unto so much thereof as these Defendants are advised materially concern them to make answer unto they severally
answer and say that they believe it to be true That John Milton of London Gentleman Deceased in the Complainants said
Bill of Complaint named did compose and write a Poem Intitled Paradise Lost and that he might for ought these Defendants know to the
Contrary by Indenture of such Date purport and Effect as in the said Complainants Bill is for that Purpose Mentioned Give
grant and assign to Samuel Symonds in the Complainants said Bill also Named his Executors and Assignes all that the Copy Book or
Manuscript of the said Poem Intitled Paradise Lost together with the full Benefit Scope and Advantage thereof or which should or might
Arise thereby And these Defendants further severally say that the said Samuel Symonds was for ought they Know to the contrary Intitled
unto the said Copy Book or Manuscript of the said Poem and to the sole Right of Printing and Vending the Same and they Also
severally Believe That he did between the year One thousand six hundred and Sixty Seven and the Year One thousand Six hundred and
Eighty at his own Costs Print and Publish the said Poem in Twelve Books in Octavo without any attempt to invade his Right
and these Defendants further Severally Say That they do not know or can set forth that the said Samuel Symonds did afterwards on or about
the Twenty seventh day of October which was in the Year of our Lord One thousand Six hundred and Eighty Agree to Sell the same unto
Brabazon Aylmer since Deceased in the said Bill also Named for a certain sum of money or that he Did thereupon by his Deed Poll of
Assignment bearing such Date as in the Complainants said Bill is mentioned for the considerations in the said Deed Poll Mentioned
Grant Bargain sell assign and sett over to the said Brabazon Aylmer his Executor Administrators and Assigns his Copy or Book Intitled
Paradise Lost to hold to him the said Brabazon Aylmer his Executor Administrators and Assignes to his and their own proper use
and Behoof for ever or that he Did by the said Deed Poll for himself his Executors and Administrators Covenant and Grant to and with the
said Brabazon Aylmer his Executors and absolute Authority to Grant Bargain Sell assign and Sett over the said Copy Book or Manuscript as
Aforesaid Or that he the said Samuel Symonds did in and by the said Deed Poll desire and Authorize the Master and Wardens of the
Company of Stationers London to permit and suffer the said Book or Copy to be Entred in their Register to him the said Brabazon Aylmer
as his own proper Book and Copy But these Defendants Severally Crave the Complainants to make such proof thereof as they shall think fit
and these Defendants further Severally Say that they do not Know or can set forth that the said Brabazon Aylmer by virtue of the said Deed
Poll or Assignment was possessed of or Intitled unto the said Book Copy or Manuscript of the said Poem and to the Sole right of Printing
and Selling the same or whether he did on or about the Seventeenth day of August which was in the Year of our Lord One thousand Six
hundred and Eighty Three Agree to sell one Moiety or Equal half part or Share of his right in and to the said Book Copy or Manuscript to
Jacob Tonson the Elder in the Complainants said Bill Named and Uncle to the Complainants Jacob Tonson and Richard Tonson for a
Certain Sum of Money Neither do these Defendants Know that the said Brabazon Aylmer by his Deed Poll of Such Date purport and Effect
as in the Complainants said Bill is Mentioned did for the Consideration therein mentioned Grant Bargain Sell assign Transfer and Sett Over
unto the said Jacob Tonson the Elder One Equal Moiety or half Part of his the said Brabazon Aylmers right of and in the said Book Copy of
Manuscript to hold to him the said Jacob Tonson the Elder his Executors Administrators and Assigns To his and their own proper Use and
Behoof for Ever But these Defendants severally Crave the Complainants to make such proofs thereof as they shall think fit and these
Defendants further severally say that they do not Know or can set forth that the said Brabazon Aylmer afterwards did agree to sell the
remaining Moiety or half part of his said Right ^in^ and to the said Book Copy or Manuscript of the said poem to the said Jacob Tonson the
Elder for a Certain Sum of Money or that thereupon he did by his deed Poll of such Date purport and Effect as in the Complainants said Bill
is mentioned and for the Consideration in the said Deed poll Bargain sell assign Transferr and Sett over unto the said Jacob Tonson the
Elder all that his remaining hald part or Moiety of the said Copy Book or Manuscript Intitled Paradise Lost a Poem in Twelve Books by
John Milton      [blank]      of London ^Gentleman^ Deceased To hold the said last Mentioned half part or Moiety to the said Jacob
Tonson the Elder his Executors Administrators and assignes to his and their own proper use and Behoof for ever but these Defendants
severally Crave the said Complainants to make such proof thereof as they shall think fit and these Defendants further answering say that
they of their own Knowledge do not Know or can set forth that the said Jacob Tonson the Elder was by Vertue of the said two last
Mentioned Deed Polls or Assignment Possessed of and Intitled unto the whole copy Book or Books of the said Poem Intitled Paradise Lost
and to the sole right of Printing and Publishing the same but these Defendants further Severally Say that the said Jacob Tonson the Elder for
ought these Defendants Know to the Contrary might between the Year One Thousand Six hundred and Ninety and the Year One Thousand
seven hundred and four at his own Expence and Charge Print Reprint and Publish Several Editions of the said Poem in Folio Quarto Octavo
and Duodecimo without any Lett or Interruption of or by any person whatsoever as in and by the Complainants said Bill is for that purpose
Mentioned And these defendants further Answering Say that they of their own Knowledge do not Know nor can they set forth whether the
said Jacob Tonson the Elder did in and about the time in the Complainants said Bill for that purpose mentioned agree to Sell and assign One
Equal fourth part of his Right in and to the said Copy Book or Manuscript to Richard Wellington in the Complainants said Bill named or
that thereupon the said Jacob Tonson the Elder by Deed poll of such purport Date and Effect as in the Complainants said Bill is Mentioned
and for the consideration in the said Deed Poll Mentioned did Grant Bargain sell and assign unto the said Richard Wellington since deceased
all that one fourth part The whole into four Equal parts to be divided in the said Copy Book or Manuscript Intitled Paradise Lost in Twelve
Books to hold unto him the said Richard Wellington his Executors Administrators and Assigns to his and their own proper use and Benefit
for ever But these Defendants severally leave the Complainants to Make such proof thereof as they shall think fit And these Defendants
further answering say that they of their own Knowledge do not Know or can set forth whether the said Jacob Tonson the Elder Continuing
Possessed of the Remaining three fourths parts of and in the said Book Copy Manuscript or Poem did on or about the Seventh Day of
September in the Year of our Lord One thousand Seven hundred and Eighteen Agree to Sell and assign the same amongst other things to
Jacob Tonson the Younger in the Complainants Bill also Named and Citizen and Stationer of London since Deceased late Father of the said
Complainants Jacob Tonson and Richard Tonson Or that thereupon the said Jacob Tonson the Elder did by Deed Poll of such purport Date
and Effect as in the Complainants said Bill is for that purpose Mentioned and for the Consideration in the said Deed poll Mentioned Grant
Bargain sell assign and Sett over unto the said Jacob Tonson the Younger all that the Right Title property Trust Claim and Demand of him
the said Jacob Tonson the Elder of in and to (Amongst several other Copies of Books Shares and parts of Copies of Books therein
Mentioned) all these three remaining fourth parts in in the said Copy Book Poem or Manuscript Intitled Paradise Lost in Twelve Books to
hold unto him the said Jacob Tonson the Younger his Executors Administrators and Assigns to his and their own proper use and Benefit for
ever But these Defendants Severally leave the Complainants to make such proof thereof as they shall think fit And these Defendants further
severally answering Say That for ought they know to the Contrary The said Richard Wellington might on or about the Twenty fifth Day of
April which was in the Year of our Lord One thousand Seven hundred and fourteen Depart this Life Intestate but whether by virtue of the
Custom of the City of London and Statute of Distributions ^ - ^ Wellington his Widow became Intitled to and Interested in four equal Ninth
parts or Shares the whole into Nine equal parts or Shares to be Divided of and in all such Copies of Books or Shares of Copies of Books as
the said Richard Wellington possessed of or Intitled unto at the time of his Decease Or Whether the Remaining five equal Ninth parts or
shares of such Copies of Books did by virtue of the said Custom and Statute became Vested in his three only Surviving Children Richard
Wellington Bethel Wellington and James Wellington (in the Complainants said Bill named) in equal third partes or Shares as in the
Complainants Said Bill of Complaint is for that purpose set forth these Defendants or Either of them to the knowledge of the other of them
know not nor can set forth Neither do they these Defendants Know or can set forth whether the said James Wellington being in possession
of and Intitled to one third part of the said ^five^ equal Ninth parts or Shares did afterwards on or about the twenty Eigth day of May one
thousand seven hundred and thirty seven Agree to sell the same to the said Complainant Charles Corbett or that thereupon the said James
Wellington by Deed poll of such Date purport and Effect as in the Complainants said Bill is Mentioned As for the Considerations in the said
Deed poll Mentioned did give Grant Bargain Sell and assign to the said Complainant Charles Corbett all that his one equal third part of the
said five equal Ninth parts or Shares of the said fourth part or Share that is to say five equal one hundred and Eighth parts of and in the said
Copy Book Poem or Manuscript Intitled Paradise Lost to hold to the said Complainant Charles Corbett his Executors Administrators and
assignes to his and their own proper use and Benefit for ever But these Defendants Severally leave the said Complainants to make such
proof thereof as they shall think fit And these Defendants further Answering say that they of their own Knowledge Do not know or can set
forth whether the same Complainant Charles Corbett was by Virtue of the said last Mentioned Assignment possessed of and Intitled to the
said five equal one hundred and Eighte parts or Shares being ten equal Two hundred and sixteenth parts or shares of and in the said Copy
Book Poem or Manuscript as in the Complainants Bill is for that purpose set forth or that about the ninth day of September one thousand
seven hundred and thirty seven He did agree to sell one Moiety of his Share or Interest in the said Copy Book or Manuscript to the said
Complainant Brindley Or that thereupon by Deed Poll of such Date purport and effect as in the Complainants said Bill is also mentioned the
said Complainant Charles Corbett for the consideration in such Deed Poll did give grant Bargain sell and assign to the said Complainant
John Brindley all that one equal half part or Moiety of his Right Title Interest share and Proporcion That is to say Five Equal two hundred
and sixteenth parts or Shares of and in the said whole Copy Book Poem or Manuscript Intitled Paradise Lost to hold to the said Complainant
John Brindley his Executors Administrators and assigns to his and their own proper use and behoof for ever that these Defendants severally
Crave the said Complainants to make such proof thereof as they shall think fit And these Defendants further say that they of their own
Knowledge do not Know or can set forth whether the said Complainant Charles Corbett Continueing possessed or Intitled unto five equal
two hundred and sixteenth parts of shares of and in the said Book Copy Manuscript or Poem Intitled Paradise Lost Did on or about the
twelfth Day of October in the Year of our Lord one thousand seven hundred and thirty seven agree to sell the same to Aaron Ward late
Citizen and Stationer of London since Deceased in the Complainants said Bill Named and to the said Complainants John Oswald Or that
thereupon by two several Deeds Poll of such Date purport and Effect as in the Complainants said Bill is for that purpose set forth The said
Complainant Charles Corbett for the Considerations in the said Deeds Poll respectively mentioned Did Give Grant Bargain Sell and Assign
to each of them the said Aaron Ward and the said Complainant John Oswald respectively one equal half part or Moiety of the said
Complainants Charles Corbet then remaining Interest and share that is to say to each of them five equal four hundred and two thirtieth parts
of and in the said Copy Book Manuscript or Poem Intitled Paradise Lost to them the said Aaron Ward and the said Complainant John
Oswald severally and to their Respective Executors Administrators and Assigns to and for his and their own proper Use and Behoof for Ever
But these Defendants Severally leave the said Complainant is to make such proof thereof as they shall think fit And these Defendants further
Answering Say That they of their own Knowledge do not Know that the said Widow Wellington being Intitled to such part or Share of the
said Book Copy Manuscript or Poem as aforesaid Did on or about the twenty first Day of February one thousand seven hundred and
Eighteen Intermarry with John Poulson of Hatton Garden in the County of Middlesex Esquire in the Complainants Said Bill Named But that
afterwards she might for Ought these Defendants know about the time in the said Complainants Bill Mentioned Died without having made
any Disposition of or Concerning any of her Copies of Books or Shares of Copies of Books But whether thereupon the said John Poulson
became Duly possessed of and Intitled to the said four Equal Ninth parts of Shares of the said fourth part of the said Richard Wellington
being four equal thirty sixth parts of Shares of and in the said Book Copy Poem or Manuscript Intitled Paradise Lost as in the Complainants
said Bill is Mentioned These Defendants or either of them to the Knowledge of the other of them Know not Neither Do they these
Defendants Know that the said John Poulson being so possessed and Intitled did on or about the Nineteenth Day of September in the Year of
our Lord one thousand seven hundred and Thirty four agree to Sell amongst other Copies of Books and Parts of Copies of Book the said last
Mentioned four equal Ninth parts to William Feales of London Bookseller as in the Complainants said Bill is Mentioned Or that thereupon
the said John Poulson by Deed Poll of such Date Purport and Effect as in the said Complainants Said Bill is set forth and for the
Considerations in the said Deed Poll Mentioned did Grant Bargain Sell Assign and Sett over unto the said William Feales amongst other
things all those his four equal parts of one equal fourth part of the said Book Copy Manuscript or Poem Intitled Paradise Lost in Twelve
Books To hold to him the said William Feales his Executors Administrators and assignes to his and their own Proper Use and behoof for
Ever. But these Defendants Severally Crave the said Complainants to make such proof thereof as they think Proper. And these Defendants
further answering Say That they of their Own Knowledge Do not know nor can they set forth whether the said William Feales being by
Virtue of the said Deed Poll or Assignment last Mentioned possessed of and Intitled to the said four Equal thorty Sixth parts or shares of and
in the said Book Copy Manuscript of Poem Did on or about the tenth day of July which was in the Year of our Lord one thousand seven
hundred and thirty five Borrow and Receive a Sum of Money of John New of London Gentleman as in the said Complainants Bill is
Mentioned or That thereupon for Securing the Repayment thereof with Interest He the said William Feales by his Deed Poll of such Date
Purport and Effect as in the Complainants said Bill is Mentioned did Grant Bargain Sell assign and Sett over to the said John New amongst
other things one equal thirty sixth part or share of and in the said Book Copy Manuscript or Poem Intitled Paradise Lost to hold to the said
John New his Executors Administrators and Assignes for Ever Or whether the same was Subject to a Proviso of Redemption as in the
Complainants said Bill is Mentioned. These Defendants or Either of them to the knowledge of the other of them know not Neither Do these
Defendants Know that the said William Feales afterwards on or about the twenty Eighth Day of March one thousand seven hundred and
thirty seven having Occasion for a further Sum of Money Applied to and Borrowed the same of the Complainant Charles Corbett or that
thereupon for Securing the Repayment thereof with Interest He the said William Feales by his Deed Poll of such Date purport and Effect as
in the Complainants said Bill is Mentioned And for the Considerations in the said Deed Poll Grant Bargain Sell and Assign to the said
Complainant Charles Corbett one other thirty Sixth part or share of and in the said Copy Book Manuscript or Poem Intitled Paradise Lost to
hold to the said Complainant Charles Corbett his Executors Administrators and Assigns for Ever Or Whether the same was Subject to a
Proviso of Redemption as in the said Complainants said Bill is Mentioned these Defendants or Either of them to the Knowledge of the other
of them Know not nor can set forth. And these Defendants further Answering say they do not know nor can set forth whether the said last
mentioned Thirty Sixth part or share of and in the said Copy Book Manuscript or Poem became forfeited for Default of Redemption
According to the Proviso in the said last Mentioned Deed Poll Contained or that the said Complainant Charles Corbett became thereby
Absolutely Possessed of and Intitled to the same or that he did about the seventeenth day of April which was in the Year of our Lord one
thousand seven hundred and thirty Eight agree to sell his said part or share to the said Complainants Samuel Birt and Edward Wicsted as
in the Complainants said Bill is for that purpose Mentioned Or whether thereupon by Deed Poll of such date purport and Effect as in the said
Complainants said Bill is Mentioned the said Complainants Charles Corbett for the Consideration in Such Deed Poll did Grant Bargain
Sell assign and sett over to the said Complainants Samuel Birt and Edward Wicsted all that his said Thirty Sixth part or Share of and in the
said Book Copy Manuscript or Poem Intitled Paradise Lost To hold to the said Complainants Samuel Birt and Edward Wicsted their
Executors Administrators and assigns for Ever These Defendants or Either of them to the Knowledge of the other of them know not but
Severally leave the Complainants to Make Such proof as they shall think fit And these Defendants further Answering say that they Do not
know nor can they set forth whether the said William Feales on or about the Eleventh day of June in the year of our Lord one thousand
Seven hundred and thirty seven Continuing to be possessed of and Intitled unto two Thirty Sixth Parts or Shares of and in the said Book
Copy Manuscript or Poem Intitled Paradise Lost Or that having an Occasion for a further Sum of Money did Borrow and Receive the same
of Henry Woodfall Citizen and Stationer of London as in the said Complainants said Bill is set forth Neither do these Defendants Know
That thereupon for Securing the Repayment thereof with Interest He the said William Feales by his Deed Poll of such Date Purport and
Effect as in the said Complainants said Bill is Mentioned and for the Considerations in the said Deed Poll did Grant Bargain Sell and
assign to the said Henry Woodfall all those his two Remaining Thirty Sixth parts or Shares of and in the said Book Copy Manuscript or
Poem Intitled Paradise Lost to hold to him the said Henry Woodfall his Executors Administrators and assigns for Ever or whether
the same was Subject to a Proviso of Redemption at a Day Long Since past as in the said Complainants said Bill is set forth these
Defendants or Either of them to the Knowledge of the other of them know not nor can set forth And these Defendants further say That the
said William Feales might some time in the year one thousand seven hundred and thirty seven for ought these Defendants know to the
contrary Became a Bankrupt within the Intent and Meaning of the Several Statutes Relating to Bankrupts and thereupon a Commission of
Bankrupcy about the time in the Complainants said Bill Mentioned may have issued out of this honourable Court against the said William
Feales Directed to the Commissioners therein Named as in the said Complainants said Bill is Mentioned and these Defendants further say
that they of their own knowledge Do not know neither can they set forth That the said Complainant Jacob Tonson and John Watts Henry
Woodfall and Joseph Stiles in the said Complainants said Bill named ^or any^ the assignees of the Estate and Effects of the said William
Feales under the said Commission did on or about the Sixteenth Day of October in the said year one thousand seven hundred and thirty
seven Redeem the said two Thirty Sixth parts or shares so made a Security to him the said Henry Woodfall as in the said Complainants said
Bill is Mentioned but whether thereupon the said Henry Woodfall by his Deed Poll of such Date purport and Effect as in the Complainants
said Bill is for that purpose set forth and in Consideration of the Money by them received out of the Estate and Effects of the said Bankrupt
in full of the Principal and Interest due to him on the Security Did Declare that he Stood Possessed of the said two Thirty Sixth parts or
Shares of and in the said Copy Book Manuscript or Poem Intitled Paradise Lost to the use of the said assigness their Executors
administrators and assignes for ever in trust for themselves and the rest of the Creditors of the said William Feales these Defendants or either
of them to the knowledge of the other of them know or neither Do these Defendants know or can set forth whether the said assignees of the
said William Feales did on the twelfth day of December in the year one thousand seven hundred and thirty eight put up to publick Auction
the said two thirty sixth parts or shares of and in the said Book Copy Manuscript or Poem in two separate Parcells or that the said Aaron
Ward and Richard Chandler in the said Bill Named were allowed to be the best Bidders for one and James Hutton in the said Bill also
Named for the other of the said two Thirty Sixth parts or shares as in the said Complainants said Bill is set forth Or whether thereupon the
said assignees by two several Deeds Poll of such Date Purport and Effect as in the said Complainants said Bill is Mentioned and for the
Considerations in the said

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Deeds poll did Severally Grant Bargain Sell and Assign one Equal Thirty Sixth part or Share of and in the same Book Copy Manuscript or
Poem Intitled Paradise Lost to the said Aaron Ward and Richard Chandler And one other thirty sixth part or share to the said James Hutton
to hold the same to them Respectively and to their Several and Respective Executors Administrators and assigns for ever These Defendants
or either of them to the knowledge of the other of them know not nor can set forth But Crave the Complainants to make such proof thereof
as they shall think fit And these Defendants further Answering Say That it may be true for ought they know to the Contrary that in or about
the year one thousand Six hundred and nineteen The said Jacob Tonson the Younger since Deceased and the Rest of the then pretended
Proprietors of the said Copy Book Manuscript or Poem being Minded and Desirous to print and Publish a New and Correct Edition thereof
did at some Expence but at what these Defendants or either of them know not nor can set forth Procure and Employ Thomas Tichle Esquire
to correct the Mistakes of former Editions and to supervise the said New Impression And these Defendants further answering Say That they
do not know or can set forth Whether the said Jacob Tonson the Younger and the rest of the said then pretended Proprietors of the said Copy
Book Poem or Manuscript being about to Print and Publish another Edition in the year one thousand seven hundred and twenty seven and
being willing to spare the Expence that might tend to make the same Compleat did Contract with and at a very considerable Expence
Procure Mr Elijah Fenton Since Deceased in the Complainants said Bill named who might be a Person of great Skill and Learning for ought
these Defendants know to the contrary to write the life of the said John Milton the Author and also to draw and prepare an Index or Table of
Contents of the said Poem but severaly have the Complaintants to make such proof thereof as they shall think fit and these Defendants
further say that they have heard and do believe That for the adorning and Illustrating of the said Poem the said Jacob Tonson and the rest of
the said Pretended Proprietors or some or one of them did procure Divers copper Plates to be designed and Engraved but whether by the best
of Masters as in the Complaintants said Bill is Mentioned These Defendants know not And in or about the Year one thousand seven hundred
and twenty seven they did Print and Publish and Edition of the said Book or Poem Intitled Paradise Lost But these Defendants severally
Apprehend and Believe for several Particular Reasons to themselves that the said Edition so printed was neither Correct nor compleat as is
suggested in and by the complaintants said Bill of Complaint But these Defendants do severally admit that the said Edition of the said Book
or Poem was printed in Octavo and Duodecimo with the said life of the Author prefaced and also adorned with Copper Prints and
concluding with an Index or Table of Contents And these Defendants further answering say That they Believe that the Reverend Richard
Bentley Doctor in Divinity in or about the year one thousand seven hundred and thirty two might with great Labour prepare a new Edition of
the said Poem with several Learned Comments & Annotations Various Readings and Amendments with a Preface the said Jacob Tonson the
Younger and the rest of the said Pretended Proprietors might for ought these Defendants Know or can set forth to the Contrary on or about
the twenty third day of May which was in the year of our Lord one thousand seven hundred thirty two treat and agree with the said Doctor
Bentley for Purchasing the Copy or Manuscript of the said New Edition but whether thereupon by Deed poll of such date purport and Effect
as in the Complaintants said Bill is Mentioned the said Doctor Bentley for the Considerations in such Deed Poll did Grant Bargain Sell and
Assign to the said Jacob Tonson the Younger and the rest of the said then pretended Proprietors All that his Copy of such New Edition with
his Comments Annotations Various Readings Amendments and Preface to hold to them their Executors Administrators and assigns for Ever
These Defendants or Either of them to the knowledge of the other of them know not nor can set forth and these Defendants further
Answering Say They have heard that the said Jacob Tonson the Younger and the rest of the said Pretended proprietors some or one of them
did in or about the said year one thousand seven hundred and thirty two Print and Publish a New Edition of the said Poem Intitled Paradise
Lost with the Comments Annotations Various Readings Amendments and Preface of the said Doctor Bentley in Quarto and the Defendants
further say they believe that the said Jacob Tonson the Younger Departed this Life about the time in the Complainants said Bill for that
Purpose Mentioned But whether he duly Made and Published his last will and Testament and thereby amongst other things Devised and
Bequeathed to his two Sons the said Complainants Jacob and Richard Tonson all and Every his Copies of Books and Manuscripts and parts
and Shares of Copies of Books and Manuscripts as in the Complaintants said Bill is set forth these Defendants or either of them to the
knowledge of the other of them know not neither do ^they^ these Defendants know that by Virtue thereof the said Complainants Jacob
Tonson and Richard Tonson became possessed and Intitled amongst other things of and to three equal fourth parts or shares of and in the
said Original Copy Book Manuscript or Poem Intitled Paradise Lost and of and in the said Copy of the Life of the said John Milton and of
the Index or Table of Contents Composed and written by the said Elijah Fenton or the said Copy pretended to be purchased of the said
Doctor Bentley or whether the said Complainants Jacob Tonson & Richard Tonson Did admit the said Somerset Draper into a Partnership
with them as in the Complainants said Bill of Complaint is Mentioned These Defendants or either of them to the knowledge and Believe of
the other of them know not nor can set forth And These Defendants further say that they do not know or can set forth ^whether^ the
aforesaid Several pretended shares and Interest of the said Aaron Ward Richard Chandler James Hutton Richard Wellington Bethell
Wellington and John New of and in the said Original Copy Book Manuscript or Poem Intitled Paradise Lost and in the said Copy of the Life
of the said John Milton and of the said Index or Table Composed and written by the said Elijah Fenton and of and in the said Copy of the
said Doctor Bentley did by several Mesne Assignments or other Conveyances thereof become duly vested in the said Complainants or some
of them as in the there said Bill for that purpose set forth And these Defendants further answering Say That they do not know or can set forth
whether the Reverend Thomas Newton Doctor in Divinity did with Labour Industry and Learning prepare another New Edition of the said
Poem Intitled Paradise Lost or having Compiled and Collected Many Notes to Illustrate and Explain the same but whether he provided a set
of Copper Plates for Adorning the said Poem Designed and Engraved by the best Masters as in the said Complainants said Bill is Mentioned
these Defendants or either of them to the knowledge of the other of them know not Neither do these Defendants know or can set forth that it
was by Instrument of Agreement in Writing bearning Date on or about the twenty fifth Day of November in the year one thousand seven
hundred and forty six and signed by the said Doctor Thomas Newton and the said Complainants Jacob Tonson on the behalf of himself and
others the these pretended proprietors of the Copy right of the said Poem Intitled Paradise LostAgreed that the said Complainants Jacob
Tonson should print a Beautifull Edition of the said Work or Poem with such Notes Indexes Glossaries Preface and life of the Author as he
the said Doctor Thomas Newton should provide for that purpose in two volumes in Quarto on Royal Paper and also the Copper Plates
provided by the said Doctor Thomas Newton and the two Heads of the said John Milton the author then in the possession of the said
Complainant Jacob Tonson and should Deliver to the said Doctor Newton three hundred setts of the said Poem as soon as printed Clear of
all Expences whatsoever Except procuring the said Copper Plates or that as the said Doctor Newton proposed to open a Subscription for the
above Work the said Complainants Jacob Tonson agreed to furnish him with such proposals and Receipts as should be Requisite for the
same Clear of all Expences and to pay the charges of Advertising the said Subscription and Publication of the said Week or that in
Consideration thereof the said Doctor Newton did Promise and Agree to assign transfer and sett over unto the said Complainat Jacob Tonson
his Executors Administrators and assigns all his said Notes and Corrections Indexes Glossaries preface and life of the author together with
the said Copper Plates Designed and Intended to be used in the said last Mentioned Edition and all his Copyright Claim and Interest to the
same to hold unto the said Jacob Tonson his Executors Administrators and Assignes as his and their own proper Goods and Chattels for
Ever to the Benefit fo the said Complainant Jacob Tonson and the said other proprietors of the said Original Poem as is particularly
Mentioned and set forth by the said Complainants in and by their said Bill of Complaint And these Defendants further say That the said
Jacob Tonson and the rest of the pretended proprietors might for ought these Defendants knew to the Contrary in or about the year of our
Lord one thousand seven hundred and forty nine print and Publish a New Edition of the said Work or Poem Entitled Paradise Lost with the
said Notes and Corrections Indexes Glossaries preface and life of the author provided by the said Doctor Newton and also the said Copper
Prints and Heads of the same John Milton the author in two Volumes in Quarto on Royal Paper but whether they duly performed the Rest of
the said agreement on their parts these Defendants know not neither do they these Defendants know or can not set forth whether the said
several Copies as aforesaid pretended to have been purchased from the said John Milton Elijah Fenton Doctor Bentley and Doctor Newton
are by several Mesne assignments and Conveyances therof become duly Vested in the said Complainants as in their said Bill is Mentioned
or that they and the several Persons under whom they Respectively Claim did from time to time Duly Enter or Cause to be Entred in the
Register Books of the said Company of Stationers of the City of London their several and respective shares and Properties of in and to the
said Original Copy Book Poem or Manuscript and the said Several Editions and Improvements made thereto as in the said Bill is also
mentioned but might for ought these Defendants know to the Contrary Expend from time to time and lay out considerable sums of Money
and be at great Care pains and Labour in buying and prepareing good Paper proper Types and other Materials Necessary for the Printing and
Reprinting the said Poem and Additional Improvements and the said Poem with the ^said^ additional Improvements may always have been
and still continue to be printed by the said Complainants and have always ever and still continue to be sold by them but whether they have
always sold the same at a reasonable price as in their said Bill is Expressed the said Defendants cannot particularly set forth and these
Defendants do believe that the said Complainants and the said several Persons under whom they respectively pretend to derive Title have
from time to time printed reprinted sold or Exposed to Sale impressions of the said Original Poem or of the said life or Lives or of the said
Indexes preface or prefaces annotations Comments Various Readings Amendments Notes Corrections Glosserys Copper plates Prints and
Heads of the said John Milton without any other person or Persons Attempting to make an impression thereof which might for ought these
Defendants know to the Contrary encourage several of the said Complainants to lay out part of their fortune and Substance in the purchase
of parts and shares of the said Copies and Might Induce several of those persons under whom some of the rest of the said Complainants
Claim for ought these Defendants know or can set forth to look upon their Shares in the said Copies as part of their personal Estate and as
such to Bequeath the same as Part of their Wifes and Childrens portions But whether the same have been Considered as Assetts in the Hands
of the Executors or Administrators of the said Proprietors for payment of their Testators or Intestates Debts as in the Complainants said Bill
is Charged These Defendants or either of them to the knowledge of the other of them Know not And these Defendants further Answering
say they or either of them never were informed save then by the said Complainants said Bill of Complaint that the said Complainants and no
other person or persons Whatsoever are Intitled to the possession and property ^of^ and in the said Original Copy Book Poem or Manuscript
Composed & Written by the said John Milton and to the said Copy of the life or lives of the said John Milton and the said Index Composed
and Written by the said Elijah Fenton and to the said Copy of Annotations Comments Various Readings and Amendments made and written
by the said Doctor Bentley and to the said Copy of the life of the said John Milton and Preface and of the Notes Corrections Indexes
Glossaries Composed and Written by the said Doctor Newton and also to the said Copper Plates and Copper Plate prints and to the sole
Benefit Priviledge and advantage of printing reprinting publishing and Vending the same as in the complainants said Bill of Complaint is for
that purpose set forth But the said Complainants and the several persons under whom they respectively pretend to claim may for ought these
Defendants know to the Contrary have quietly had and Enjoyed the pretended right of Printing Reprinting and Vending the said Poem Lives
prefaces Indexes Annotations Various Readings Amendments Notes Corrections and Glossarys ever since the same were first printed and
published without any Persons attempting to Interrupt them therein as in their said Bill is for that purpose Mentioned but these Defendants
Severally Deny that no persons or Persons ever attempted to invade the pretended Right of printing Reprinting publishing or Vending the
said Poem Comments and annotations aforesaid as in the Complainants said Bill is untruly Charged for on the Contrary this Defendant John
Marchant for himself saith that several Eminant and learned Authors have wrote upon the said Poem Entitled Paradise Lost Particularly the
Reverend Mr Paterson Mr Addison the two Richardsons father and Son and others several Comments Annotations Various Readings and
Emendations and in particular the Right Reverend and Learned Doctor Pearce has written a Review of the Text of Miltons Paradise Lost in
which the Cheif of Doctor Bentleys Emendations are Considered wherein the said Doctor Pearce has shown how grossly Doctor Bentley had
Mistaken the Authors Sense in Many places and the said Doctor Pearce in his said Review has substituted several Readings Annotations
Interpolations and Notes of his Own to which several Books Copies or Manuscripts of the several Authors Aforesaid on the said Poem the
Complainants or either of them have not to this Defendants knowledge or belief ever pretended any right or Title And this Defendant further
saith that upon his Reading of the aforesaid Poem and the Works of the several Authors that had wrote Comments Explanations Notes and
Remarks upon the Same This Defendant found upon his Perusing the same with great Deliberation that several of them in a great number of
their Remarks Comments Explanations and Notes upon the same Poem had Mistaken that Excellent author John Miltons true sense in many
Places of his said Poem whereby they had greatly Debased the Beauties thereof and thereupon this Defendant being Minded and Desirous of
Correcting the many Errors and Imperfections made by all or most of the authors that have wrote upon the said Poem Entitled Paradise Lost
and of Introducing to the Publick in a Plain and easy Way the true sense and Meaning of the said Author he did some months ago
communicate his thoughts thereupon to the other Defendant Robert Walker who Encouraging this Defendant in his Intention therein agreed
that he would take the Copy or Manuscript of this Defendants Works for a certain Sum of Money then agreed upon by and between these
Defendants for the same part of which sum this Defendant John Marchant hath since Received from the other Defendant Robert Walker and
this Defendant further saith He did write such Proposals for Printing and Publishing Miltons Paradise Lost a Poem in twelve Books with
such Notes and with such Conditions as are particularly Mentioned and set forth in the said Complainants said Bill of Complaint and both
these Defendants further Severally say that they do Admit to be true that the said Proposals Notes and Conditions were Printed & invested
in Several of the Publick News Papers and in other Papers to be Delivered out Distributed and Carried over most part of Great Britain in the
Words or to the Effect in the Complainants said Bill for that Purpose Mentioned And this Defendant John Marchant for himself saith that in
pursuance to the said Contract and Agreement so made by and between him and the said other Defendant Robert Walker he hath with
Industry Expence and great Labour wrote and prepared a Copy for a New and Correct Work Entitled by him Miltons Paradise Lost A Poem
in twelve Books with Notes Etymological Critical Classical and Explanatory Collected from Doctor Bentley Doctor Pearce the Present
Bishop of Bangor Richardson and Son Addison Pattison Newton and other Authors Intended as a Key to this Divine Poem whereby Persons
unacquainted with the Learned Languages and Political Literature will be introduced into a familiar acquaintance with the various Beauties
and Excellencies of this Master Piece of Heroic Poetry dedicated to the King by John Marchant Gentleman author of the Exposition of the
old and New Testament &c which said work is Illustrated with great Variety of Notes and Many Remarks of his this Defendants
own Invention and Composing and this Defendant John Marchant further saith that the Dedication and Preface to his this Defendants said
New Work are Intirely of his this Defendants own writing and this Defendant doth admit that the life of Milton wrote by Elijah Fenton is by
this Defendant taken from an Edition of Paradise Lost published upwards of twenty years ago which he this Defendant Apprehends as the
same hath been so long Published He had a right to make use of it in the Manner he hath done that is as an Illustrative to the work that he
this Defendant hath undertaken as Aforesaid and Merely as a Quotation for that purpose agreeable as this Defendant Apprehends to the
constant practice of other Authors upon the like Occasion and this Defendant further saith that he hath from the Reverend Doctor Pierces
said Review having never seen the Book published by Doctor Bentley of the aforesaid Work of the said Doctor Bentley Quoted many of the
notes and Readings of the said Doctor Bentley wherein the said Doctor Pierce hath shewn how Grossly Doctor Bentley had mistaken
Miltons Sense in many Places with the said Doctor Pierces Remarks upon him as that this Defendant apprehends that he had a right to quote
from Doctor Pierces Review whatever he this Defendant thought necessary for vindicating Milton from the injurious Treatment of Doctor
Bentley And this Defendant apprehends that the publick as well as all the learned will be pleased with the Method that this Defendant hath
taken for that purpose And this Defendant Admits that in the prosecution of his said work he has also taken Several Notes and Remarks
from Doctor Newtons Edition of Paradise Lost Many of which said Notes and Remarks the said Doctor himself had taken from other
authors for upon this Defendants consulting the several Books which he hath to Compile his Explanations Notes and Remarks from He this
Defendant found that the most Curious Notes and Remarks which the said Doctor Newton would have pass in his said Edition for his Own
are compiled and made up of such as he found in other Authors which he shadowed and disguised with a little alteration in the Language
and therefore this Defendant apprehends that he had the same right to quote the said Doctor Newtons works as the said Doctor had to quote
other Authors And the rather for that all Books are supposed to be written composed and Published for promoting of Learning and for the
general Benefits of the Publick It would be very Destructive to all the liberal arts and Sciences that no Person or Persons shoud or coud be
Admitted to write Compile and Compose any Comments Notes Explanations and other Remarks of his own or to collect from others for that
purpose upon such Books how usefull and instructive soever they may be for the Promoting of learning in General and improvement in the
Liberal arts and Sciences And this Defendant farther saith he apprehends that he had a right to Compose and write his said work and to
prosecute and finish the same in the Manner he has done which with Submission to this Honourable Court he this Defendant Comprehends
every Man has a Right of writing and publishing his thoughts and remarks upon any Book Exhibited to the Publick and this Defendant is the
rather induced to believe the same to be true For that the said Complainants by their own Shewing some or one of them or some or one of
those persons under whom they claim did purchase of the said Doctor Bentley A new Edition of the said Poem with his several comments
Annotations various Readings and Amendments on the same and sometime afterwards the said Complainants Did also purchase of the said
Doctor Thomas Newton his new Edition of the said Work or Poem Intitled paradise Lost with his Compiled and Collected Notes to Explain
the said Poem which this Defendant believes the said Complainants or either fo them woud hardly have done or those under whom they
claim had they not been severally very well satisfyed that the said Doctor Bentley and Doctor Newton had respectively a right to write and
publish their Copys for the Several Editions of the said Poem with their Notes Remarks illustrations and annotations on the same ^and from
thence and from the several written aforesaid^ and as this Defendant has been at great labour and pains in his Annotations and quotations
from several authors under whom the said Complainants Claim no right This Defendant apprehends that he has no ways infringed or
invaded the said Complainants propertys but this Defendant Admits that Pursuant and Agreable to the said Advertisements and Proposals he
did deliver a Manuscript Copy of his said new work to the said other Defendant Robert Walker which is now Publishing in Numbers by
Subscription by the said other Defendant Robert Walker as this Defendant Verily believes And these Defendants John Marchant and Robert
Walker Deny that they have at several times within the space of Six Months last past in a fraudulent Manner upon their or either of their
account or upon the Account of any other person or Persons printed or caused or procured to be printed in great Britain or in parts beyond
the Seas Several thousands or other great quantities of Copies of the said Poem intitled Paradise Lost Composed and written by the said John
Milton and of the said Index and life of the said John Milton Composed and written by the said Elijah Fenton and of the said Annotations
Comments Various Readings made and written by the said Doctor Bentley and of the notes Corrections Indexes & Glossarys composed and
written by the said Doctor Newton as in the Complainants said Bill is Charged or ever imported or caused to be imported from some parts
beyond the seas divers great quantity thereof as have they or either of them or either of their servants or agents recieved or had or now have
in their some or one of their Custody or power several thousands or any of the said Surreptious Copies printed or imported or ever published
the same or any part thereof in numbers Books or Parcels or ever took in Subscription for the same or ever sold and Delivered the same to
subscribers and others as in the complainants said Bill is untruly suggested But these Defendants severally admit it to be true that the said
Defendant John Marchant intending to publish a New correct work under the title of Miltons Paradise Lost and Compiled and Composed
several Notes Annotations Comments Corrections and Various Readings to Illustrate the same He did come to an Agreement with the said
other Defendant Robert Walker for the sale of his said New work for a Certain Sum of Money to the said Robert Walker as herein before
Mentioned And this Defendant Robert Walker for himself saith that having purchased in Manner and form aforesaid of the said other
Defendant John Marchant his Copy or Impression of his said new work intitled as before set forth He did on or about Wednesday the
thirtieth of October last at his own house in the little old Bailey London in pursuance thereof cause to be printed and published proposals for
printing and publishing in his the said other Defendants John Marchants Copy of his said new work with his Notes Etymological Critical
Classical and Explanatory for and upon his this Defendants own Sole Account and Benefit and not upon the Account of the said
complainants or either of them or upon the Account of any other Person or Persons Whatsoever and this Defendant Denies that he hath
caused any Copys or any part or Parts of the said ^New Work^ to be printed or published beyond the seas or at any other place or Places
whatsoever save than at his own house in the Little old Bailey London And this Defendant hath weekly ever since Printed and Published the
same in numbers or parcels and hath taken in Subscriptions for and hath sold and Delivered divers quantities of the said numbers to
Subscribers and others And this Defendant admits that he is proceeding to print publish and Deliver to the said Subscribers and others the
Remainder of the said New [blank] Work so by him Purchased of the said other Defendant John Marchant as aforesaid and these Defendants
John Marchant and Robert Walker further Answering say that the said Work to printing as aforesaid by the Defendant Walker is not printed
by or with the Order Allowance or Consent of the said Complainants or any of them or any of the said persons under whom they
respectively ^pretend^ to claim This Defendant Walker having as these Defendants Do severally apprehend a Just right to print and publish
the said Work & to Vend and sell the same in such manner as he the said Defendant Robert Walker shall think most advantageous for his
Own Benefit he having served a legal Apprenticeship to the said trade of a Printer And this Defendant Robert Walker Doth humbly Insist
with Submission to this Honourable Court that he hath right so to do having purchased the Copy of the said Book of the said John Marchant
in manner aforesaid and therefore he this Defendant looks upon the same to ^be^ his own property and has such has Entred the same in the
Register Book of the Stationers Company in London and these Defendants John Marchant and Robert Walker severally say that they or
either of them have not Employed divers persons to the said Complainants unknown in a private and Clandestine way to procure the said
poem Life Indexes annotations Comments various readings amendments Notes Corrections and Glossarys or some parts thereof to be
printed Imported and Sold or that the same hath been sometimes done in the names of such other persons and sometimes of these
Defendants some or one of them or sometimes in false and fictitious names or for them and on the account always of them these Defendants
or that they have agreed to share the profits thereof or are or were or did Contract to Become partners in the said Illicit Trade or ever got or
acquired great Sums or any Sums of Money thereby as in the said Complainants said Bill of Complaint is untruly Suggested and these
Defendants severally Deny that they or either of them to the knowledge of the other of them ever gave out in Speeches that they had good
right and authority to print Import Publish and Sell the said poem Life Indexes annotations Comments Various Readings Amendments
Notes Corrections and Glossarys in such sort manner and form as these Defendants shall think fit or that they have purchased a Licence so
to do from the said Complainants or any of them or some other persons who are or pretend to be proprietors of the said work as in the
Complainants said Bill is untruly Charged and these Defendants admit that they or either of them ever had any such Licence Granted them
by any person or persons whatsoever And these Defendants deny that they were ever Called upon to produce and Shew to the said
Complainants any such Licence and these Defendants admit it to be true that the said work printed and published and Intended to be printed
and published by him this Defendant Robert Walker Is not the work so pretended by the said Complainants to be vested in them as aforesaid
tho some small parts thereof may be parts of the works so Claimed by the said Complainants afore mencioned ^and made use of^ in manner
and form as the said Defendant John Marchant hath by his said answer before set forth And also save and except the Life of the said John
Milton written by the said Elijah Fenton as herein before mentioned And this Defendant John Marchant for himself saith that the said work
so Composed and Compiled by him differs very much in all or most parts thereof save than as aforesaid from those works Claimed by the
said Complainants and that the same was Composed by him with no view to Elude the Complainants right to their said Works and this
Defendant Robert Walker for him self saith that the Copper plates made use of by him this Defendant in printing the Cuts for his this
Defendants Impression of the said Works by him purchased of the said John Marchant as aforesaid were most of them Engraved by Mr John
Lightbody in or about the year one thousand seven hundred & Thirty Eight and were some short time afterwards by him this Defendant
purchased of the said John Lightbody and have been in his Custody ever since and are in his this Defendants Opinion extreme good plates
and either of the said plates made use of by his this defendant in his said Impression are plates of prints that were never made use of in the
said Complainants Impression of their said Works or ever Engraved upon any account before but have been lately drawn Designed and
Ingraved for and at the great Expence of this Defendant in order to Inbellish the said work so printing by him And this Defendant further
saith that he doth not know or believe that the said plates or any of them are Copied from the original prints or Cuts which the said
Complainants or those under whom they Claim did procure to be Designed and Engraved by the best Masters in order to adorn and
Compleat the Impression of the said poem published by them as in the Complainants said Bill is untruly Charged And these Defendants
John Marchant and Robert Walker severally do believe that the said Complainants have by no other way than by sale of the said poem Life
Indexes annotations Comments Various Readings Amendments Notes Corrections and Glossarys and of the said prints or Cuts and other
Improvements by them printed and published or to be printed and published to Reimburse themselves such sums of money which they or
those under whom they claim have paid and expended for the original Copies and Manuscripts thereof and in the printing Reprinting
publishing and vending the same But these Defendants Deny that they or either of them to the knowledge of the other of them
Threaten to prevent the said sale by these Complainants or that they or either of them will sell any Surreptitious Impressions for themselves
at a much lower price than the Genuine Impressions have usually sold or can be afforded by the said Complainants or that the better to
Enable these Defendants to sell such Impressions the said Defendants have printed or Caused the same to be printed on bad paper with
old and worn out Types and in a hasty and Incorrect manner as in the Complainants said Bill of Complaint is untruly Charged and these
Defendants further severally say that the Impression of the said Defendant John Marchants work is by him this Defendant Robert Walker
^and^ by skilfull persons under him printed on exceeding fine Crown paper and with very good Types and this Defendant John Marchant
Reads and Revises all the proofs himself from the press and is particularly Careful to Correct the Errors of the press that the work may
Come from the press as Correct as possible and this Defendant further believes that as few Errors will be found in the Course of this Work
as are to be met with in any Book whatsoever and this Defendant Robert Walker for himself saith that when the sheets of the said Work are
Corrected and Revised by the said other Defendant John Marchant the same is also Looked over Corrected and Revised by him this
Defendant and the said impression is printed and publlished by him this Defendant as Correct as Most Books of Value and this Defendant
Robert Walker admits That he doth Sett his impression of the said works so by him Purchased of the said other Defendant John Marchant
at a lower Price than the said Complainants have hitherto sold any of the Several impressions made and claimed by them And these
Defendants John Marchant and Robert Walker Severally Deny that they or either of them to the Knowledge of the other of them were ever
applied to Know by and under what right Title or authority they take upon themselves to Print Import Publish and Sell the said surreptitious
impressions of the said Poem life index and other additions amendments and improvements or were ever requested to forbear doing so for
the future or have been brought to admit and Confess That they had not any Particular Right or Title to print import publish and Sell the
same or any part thereof or that they these Defendants at such times pretended That they as well as every other person and persons
whatsoever had a General Right to print Import and publish any Book poem or work whatsoever or that the authors or Compilers of such
Books Coud not by any Deed or Deeds give or Grant to any Person or Persons any Exclusive priviledge to print publish and sell the same or
that of any such Priviledge well or coud conveyed to the said Complainants in Relation to the said Poem Intitled Paradise Lost The Index
thereto and the said life of the said John Milton and to the other Editions amendments and improvements aforesaid they these Defendants
had no Notice thereof and therefore were not nor coud be concluded thereby as in the Complainants said Bill is untruly Charged and these
Defendants further say that they do not dispute but that John Milton Thomas Tickell Elijah Fenton Doctor Bentley and Doctor Newton had a
right and Property in the fruits of their own Genius Learning and Application and had Power to assign and convey such property to the said
Complainants or these persons under whom they Claim for such time as is allowed by the Law And these Defendants Apprehend the said
John Marchant has the same right to Dispose and sell his Copy of his New Work to the said Defendant Robert Walker and these Defendants
further say that they do not know that the Entries made from time to time in the Register Books of the said Company of Stationers of the
Several Rights and Properties of the said Complainants and those under whom they Claim of and as to the said several [unreadable]
additions amendments and Improvements was and is a proper and sufficient notice of such rights and a full and total Barr and Exclusion to
any other person or Persons from invading the said Respective Rights and property so vested and solemnly claimed as aforesaid but these
Defendants leave the Complainants to make such proof thereof as they shall think fit and these Defendants further severally say that they do
not perceive that they have by their said impression Committed any Violation or Injury on the said Complainants Right and property In
regard that the inpression now Printing by this Defendant Robert Walker is not any part of the works claimed by the said Complainants save
then as aforemencioned And these Defendants humbly hope that they may be at liberty to carry on the said impression in regard the same
tends much to the encouragement of learning in these Kingdoms and lastly these Defendants do severally Deny all and all manner of
unlawfull Combination and Confederacy in the Complainants said Bill charges against them without that that there is any other Matter or
thing in the Complainants said Bill of Complaint containd Material or factual for these Defendants or either of them to make answer unto
and not herein and hereby well and sufficiently answerd unto confessed or avoided traversed or denyed is true to the Knowledge and belief
of these Defendants or Either of them all which matters and things these Defendants are ready to aver maintain and prove as this Honourable
Court shall award and humbly pray to be hence Dismissed with their reasonable Costs and charges in this behalf most wrongfully sustained

Bramston                                                                                                                        Arthur Jones
                                                                  John Marchant
                                                                  Robert Walker

---

Chapter 1 Page 3

To the Right Honourable Philip Lord Hardwicke Baron of Hardwicke in the County of Gloucester Lord High Chancellor of Great Britain
Humbly Complaining show unto your Lordship your Orators Jacob Tonson Richard Tonson and Somerset Draper Citizens and Stationers of
London and Partners James Hodges Samuel Birt Thomas Longman Benjamin Dod Edward Wicsted, Charles Corbet and Charles Hitch all
Citizens and Stationers of London John Brindley of the Parish of Saint George Hanover Square in the County of Middlesex Bookseller and
John Ward and John Oswald Citizens and Stationers of London That John Milton late of London Gentleman deceased having composed and
written a Poem in English blank verse Intituled Paradise Lost did in his Life time that is to say on or about the twenty seventh day of April
which was in the year of our Lord one thousand six hundred and sixty seven by Indenture of that date and made between him the said John
Milton of the one part and Samuel Symonds Printer since deceased) of the other part For the ^severall^ Considerations in the said Indenture
mentioned give grant and Assign to the said Samuel Symonds his Executors and Assigns All that the Book Copy or Manuscript of the said
Poem intitled Paradise Lost or by whatsoever other Title Name the same was or should be called or distinguished together with the full
benefit profit and advantage thereof or which should or might arise thereby And the said John Milton did in and by the said Indenture for
himself his Executors and Administrators Covenant and grant to and with the said Samuel Symonds his Executors and Administrators that
he and they should at all times thereafter have hold and enjoy the said Book Copy or Manuscript and all Impressions thereof without the let
or hindrance of him the said John Milton his Executors or Administrators or any Person or Person by his or their Consent or Privity And also
that he the said John Milton his Executors or Administrators or any other by his or their means or consent should not print or cause to be
printed or sell dispose or publish the said Book or Manuscript of the same tenor or Subject without the consent of the said Samuel Symonds
his Executors or Assigns As in and by the said Indenture now in the Custody of your Orators or some of them and ready to be produced as
this honourable Court shall direct relation thereunto being had may more fully and at large appear And your Orators further shew unto your
Lordship That the said Samuel Symonds being possessed of and entituled unto the said Copy Book or Manuscript of the said Poem and the
sole Right of printing and vending the same did between the said year one thousand six hundred and sixty seven and the year of our lord
One thousand six hundred and Eighty at his sole Costs and Expence print reprint and publish the said Poem in twelve Books in Octavo
without any molestation or any Attempt being made to invade his said Right And your Orators further shew unto your Lordship that
afterwards to wit on or about the twenty seventh day of October which was in the year of our Lord One thousand six hundred and Eighty the
said Samuel Symonds continuing to be possessed of and entituled unto the said Book Copy or Manuscript did agree to sell the same unto
Brabazon Aylmer then Citizen and Stationer of London since also deceased for a certain Sum of Money and thereupon by his Deed Poll of
Assignment bearing date on or about the said twenty seventh day of October in the said year one thousand six hundred and Eighty he the
same Samuel Symonds for the Considations in the said Deed Poll mentioned Did grant bargain sell assign and set over to the said Brabazon
Aylmer his Executors Administrators and Assigns the said Book Copy or Manuscript by the name and description of All that his copy or
book intitluled Paradise lost in twelve Books by John Milton To hold to him the said Brabazon Aylmer his Executors Administrators and
Assigns to his and their own proper use and behoof for ever And the said Samuel Symonds did in and by the said Deed Poll for himself his
Executors and Administrators covenant and grant to and with the said Brabazon Aylmer his Executors Administrators and Assigns that he
the said Samuel Symonds then had in himself good right & absolute Authority to grant bargain sell assign and set over the said Copy Book
or Manuscript as aforesaid And the said Samuel Symonds did in and by the said Deed Poll desire and authorize the Master and Wardens of
the Company of Stationers London to permit and suffer the said Book or Copy to be entred in their Register to him the said Brabazon
Aylmer as his own proper Book and Copy As in and by the said Deed Poll or Assignment now in the Custody of your Orators or some of
them ready to be produced as this Honourable Court shall direct relation thereunto being had may more fully and at large appear And your
Orators further shew unto your Lordship that the said Brabazon Aylmer by virtue of the said Deed Poll or Assignment possessed of and
intituled unto the said Book Copy or Manuscript of the said Poem and to the sole right of printing and selling the same did on or about the
seventeenth day of August which was in the year of our Lord One thousand six hundred and eighty three agree to sell one Moiety or equal
half part or share of his right in and to the said Book Copy or Manuscript to Jacob Tonson the elder then Citizen and Stationer of London
(Uncle to your Orators Jacob Tonson and Richard Tonson) since deceased for a certain Sum of Money And thereupon by Deed Poll bearing
date on or about the said seventeenth day of August in the said year one thousand six hundred and eighty three the said Brabazon Aylmer for
the Considerations therein mentioned did grant bargain sell Assign transfer and set over unto the said Jacob Tonson the elder one equal
Moiety or half part of his the said Brabazon Aylmer's Right of and in the said Book Copy or Manuscript To hold to him the said Jacob
Tonson the elder his Executors Administrators and Assigns to his and their own proper use and behoof for ever And the said Brabazon
Aylmer did in and by the said Deed Poll for himself his Executors and Administrators Covenant and grant to and with the said Jacob Tonson
the elder his Executors Administrators and Assigns That he the said Brabazon Aylmer then had in himself good right and lawful Authority
to sell and dispose of the said Moiety or half part or share And did desire and authorize the Master and Wardens of the said Company of
Stationers to permit and suffer the said Moiety or half part of and in the said Book Copy or Manuscript to be entred in their Register to him
the said Jacob Tonson the elder as his own proper Moiety or half part or share As in and by the said Deed Poll or Assignment last mentioned
in the Custody of yoru Orators or some of them and ready to be produced as this honourable Court shall direct relation thereunto being had
may more fully appear And your Orators further shew unto your Lordship that the said Brabazon Aylmer afterwards to wit on or about the
twenty fourth day of March in the year of our Lord One thousand six hundred and Ninety did agree to sell the remaining Moiety or half part
of his said Right in and to the said Book Copy or Manuscript of the said Poem to the said Jacob Tonson the elder for a certan Sum of Money
And thereupon by Deed Poll bearing date on or about the said twenty fourth day of March in the said Year one thousand six hundred and
ninety he the said Brabazon Aylmer for the Consideration therein mentioned Did bargain sell Assign transfer and set over unto the said
Jacob Tonson the elder All that his remaining half part or Moiety of the Copy Book or Manuscript entituled Paradise lost a Poem in twelve
Books by John Milton of London Gentleman deceased To hold the said last mentioned half part or Moiety to the said Jacob Tonson
the elder his Executors Administrators and Assigns to his and their own proper use and behoof for ever And the said Brabazon Aylmer did
in and by the said Deed Poll last mentioned for himself his Executors and Administrators in like manner Covenant and grant to and with the
said Jacob Tonson the elder that he the said Brabazon Aylmer then had in himself good right and lawfull Authority to sell and Assign the
said last mentioned Moiety or half part as aforesaid and did desire and authorize the Master and Wardens of the said Company of Stationers
to permit and suffer the said last mentioned half part or Moiety of and in the said Copy Book or Manuscript to be entred in their Register to
him the said Jacob Tonson the Elder as his own proper half part or Moiety as in and by the said Deed Poll or Assignment last mentioned
now in the Custody of your Orators or some of them ready to be produced as this honourable Court shall direct relation thereunto being had
may more fully appear And your Orators further shew unto your Lordship that the said Jacob Tonson the elder being by virtue of the said
two last mentioned Deeds Poll or Assignments possessed of and intituled unto the whole Copy Book or Books of the said Poem entituled
Paradise Lost and to the sole right of printing and publishing the same did between the said year one thousand six hundred and ninety and
the year of our lord one thousand seven hundred and four at his own Expences and Charges print reprint and publish several Editions of the
said Poem in folio quarto ^octavo^ and duodecimo without any Lett or interruption of or by any person whatsoever And your Orators further
shew unto your Lordship that the said Jabob Tonson the elder being so possessed of and intituled unto the Copy Book or Manuscript did on
or about the Nineteenth day of October in the said year of our lord One thousand seven hundred and four agree to sell and assign one equal
fourth part of his right in and to the same to Richard Wellington Citizen and Stationer of London since deceased And thereupon by Deed
Poll bearing date on or about the said Nineteenth day of October in ^the^ said year one thousand seven hundred and four the said Jacob
Tonson the elder for the Consideration therein mentioned Did grant bargain sell and Assign unto the said Richard Wellington since deceased
All that one fourth part (the whole into four equal parts to be divided) in the said Copy Book or Manuscript entituled Paradise lost in twelve
Books To hold unto him the said Richard Wellington since deceased his Executors Administrators and Assigns to his and their own proper
use and benefit for ever And the said Jacob Tonson the Elder did in and by the said last mentioned Deed Poll for himself his Executors and
Administrators Covenant and grant to and with the said Richard Wellington since deceased his Executors Administrators and Assigns that
he the said Jacob Tonson the elder then had in himself good right and lawful and absolute Authority to sell and Assign the said one fourth
part as aforesaid and did desire and Authorize the Master and Wardens of the said Company of Stationers to permit and suffer the said one
equal fourth part of and in the said Copy Book or Manuscript to be entred in their Register to him the said Richard Wellington since
deceased as his own proper fourth part as in and by the said last mentioned Deed Poll or Assignment now in the Custody of your Orators or
some of them ready to be produced as this honourable Court shall direct relation thereunto being had may more fully appear And your
Orators further shew unto your Lordship that the said Jacob Tonson the elder continuing to be possessed of the remaining three fourth parts
of and in the said Book Copy Manuscript or Poem did on or about the seventh day of September in the year of our Lord one thousand seven
hundred and eighteen agree to sell and Assignt the same amongst other things to Jacob Tonson the Younger Citizen and Stationer of London
since deceased late Father of your Orators Jacob Tonson and Richard Tonson and thereupon by Deed Poll bearing date on or about the said
seventh day of September in the said Year one thousand seven hundred and eighteen the said Jacob Tonson the elder for the Considerations
therein mentioned Did grant bargain sell Assign and set over unto the said Jacob Tonson the Younger since deceased All that the Right title
Property Trust Claim and demand of him the said Jacob Tonson the elder of in and to (amongst several other Copies of Books Shares and
parts ^of Copys^ of Books therein mentioned) All those three remaining fourth parts in the said Copy Book Poem or Manuscript entitled
Paradise lost in twelve Books To hold unto him the said Jacob Tonson the younger since deceased his Executors Administrators and Assigns
to his and their own proper use and benefit for ever And the said Jacob Tonson the elder did in and by the said last mentioned Deed Poll for
himself his Executors and Administrators Covenant and grant to and with the said Jacob Tonson the Younger since deceased his Executors
Administrators and Assigns that he the said Jacob Tonson the elder then had in himself good right and lawful and absolute Authority to sell
and Assign the said three remaining fourth parts as aforesaid And did desire and authorize the Master and Wardens of the said Company of
Stationers to permit and suffer the said three remaining fourth parts of and in the said Copy Book or Manuscript to be entred in their
Register to him the said Jacob Tonson the Younger since deceased as his own proper three remaining fourth parts As in and by the said last
mentioned deed Poll or Assignment now in the Custody of your Orators or some of them ready to be produced as this honourable
Court shall direct relation thereunto being had may more fully appear And your Orators further shew unto your Lordship that sometime
afterwards to wit on or about the twenty fifth day of April which was in the year of our Lord One thousand seven hundred and fourteen the
said Richard Wellington departed this Life Intestate whereby and by virtue of the Custon of the City of London and Statute of Distributions
[blank] Wellington his Widow became intituled to and interested in four equal ninth parts of shares (the whole into nine equal parts or shares
to be divided) of and in all such Copies of Books or Shares of Copies of Books as the said Richard Wellington deceased was possessed of or
entituled unto at the time of his Decease and the remaining five equal ninth parts or shares of the said Copies of Books did by virtue of the
said Custom and Statute became vested in his three only surviving Children Richard Wellington Bethell Wellington and James Wellington
in equal third parts or shares And your Orators further shew unto your Lordship that the said James Wellington being so possessed of and
entituled to one third part of the said five equal ninth parts or shares as aforesaid did afterwards to wit on or about the twenty eighth day of
May which was in the year of our lord one thousand seven hundred and thirty seven agree to sell ^the same^ to your Orator Charles Corbet
Bookseller And thereupon by Deed Poll bearing date the said twenty eighth day of May which was in the said Year one thousand seven
hundred and thirty seven for the Considerations therein mentioned he the said James Wellington did give grant bargain sell and Assign to
your said Orator Charles Corbet All that his one equal third part of the said five equal ninth parts or shares of the said fourth part or share
that is to say five equal one hundred and eighth parts of and in the said Copy Book Poem or Manuscript entitled Paradise Lost To hold to
your said Orator Charles Corbet his Executors Administrators and Assigns to his and their own proper use and benefitt for ever And did
thereby desire and authorize the Master and Wardens of the said Company of Stationers to permit and suffer the said five equal one hundred
and eighth parts or shares of and in the said Copy Book Poem or Manuscript to be entred in their register to your said Orator Charles Corbet
^as^ his own five equal one hundred and eighth parts or shares As in and by the said last mentioned Deed Poll or Assignment now in the
Custody of your Orators or some of them and ready to be produced as this honourable Court shall direct relation thereunto being had
may more fully and at large appear And your Orators further shew unto your Lordship that your ^said^ Orator Charles Corbet being by
virtue of the said last mentioned Assignment possessed of and intituled to the said five equal one hundred and eighth parts or shares as
aforesaid being ten equal two hundred and sixteenth parts or shares of and in the said Copy Book Poem or Manuscript did afterwards to wit
on or about the Ninth day of September which was in the year of our Lord one thousand seven hundred and thirty seven agree to sell one
Moiety of his said Share or Interest in the said Copy Book or Manuscript to your Orator John Brindley and thereupon by Deed Poll bearing
date on or about the said ninth day of September which was in the said year one thousand seven hundred and thirty seven for the
Considerations therein mentioned your said Orator Charles Corbet did give grant bargain sell and Assign to your said Orator John
Brindley All that one equal half part or Moiety of his right title interest share and proportion that is to say five equal two hundred and
sixteenth parts or shares of and in the said whole Copy Book Poem or Manuscript entitled Paradise lost To hold to your said Orator John
Brindley his Executors Admnistrators and Assigns to his and their own proper use and behoof for ever And did thereby desire and authorize
the Master and Wardens of the said Company of Stationers to permit and suffer the said five equal two hundred and sixteenth parts or shares
of and in the said Copy Book or Manuscript to be entred in their Register to your said Orator John Brindley as his own five equal two
hundred and sixteenth parts or shares As in and by the said last mentioned Deed Poll or Assignment now in the Custody of your Orators or
some of them ready to be produced as this honourable Court shall direct relation thereunto being had may more fully appear And your
Orators further shew unto your Lordship that your said Orator Charles Corbet continuing to be possessed of and intituled unto five equal two
hundred and sixteeth parts or shares of and in the said Book Copy Manuscript or Poem entitled Paradise lost did afterwards to wit on or
about the twelfth day of October which was in the said Year of our lord one thousand seven hundred and thirty seven agree to sell the same
to Aaron Ward late Citizen and Stationer of London since deceased and your Orator John Oswald And thereupon by two several Deeds Poll
both bearing date on or about the said twelfth day of October in the said Year one thousand seven hundred and thirty seven for the
Considerations therein respectively mentioned your ^said^ Orator Charles Corbet did give grant bargain sell and assign to each of them the
said Aaron Ward and your Orator John Oswald respectively One equal half part or Moiety of your said Orator Charles Corbet's then
remaining Interest and share that is to say To each of them five equal four hundred and ^two^ thirtyeth parts of and in the said Copy Book
Manuscript or Poem entituled Paradise lost To hold to them the said Aaron Ward and your said Orator John Oswald severally to their
respective Executors Administrators and Assigns to and for his and their own proper use and behoof for ever And did thereby desire and
Authorize the Master & Wardens of the said Company of Stationers to permit and suffer the said five equal four hundred and ^two^ thirtyeth
parts of and in the said Copy Book or Manuscript to be entred in their Register to each of them the said Aaron Ward and your said Orator
John Oswald as their own five equal four hundred and ^two^ thirtyeth parts respectively As in and by the said two several Deeds poll or
assignments now in the Custody of your Orators or some of them ready to be produced as this honourable Court shall direct relation unto
them respectively being had may more fully and at large appear And your Orators further shew unto your Lordship that the said Widow
Wellington being Intituled to such part and share of the said Book Copy Manuscript or Poem as aforesaid afterwards to wit on or about the
twenty first day of February in the year of our lord One thousand seven hundred and eighteen intermarried with John Poulson of Hatton
Garden in the County of Middlesex Esquire and afterwards to wit on or about the fourteenth day of November in the year of our lord one
thousand seven hundred and twenty five died without having made any Disposition of or concerning any of her Copies of Books or Shares
of Copies of Books whereby the said John Poulson became duly possessed of and intituled unto the said four equal ninth parts or shares of
the said fourth part of the said Richard Wellington deceased being four equal thirty sixth parts or shares of and in the said Book Copy Poem
or Manuscript entituled Paradise lost And your Orators further shew unto your Lordship that the said John Poulson being so possessed and
entituled afterwards to wit on or about the nineteenth day of December in the year of our lord One thousand seven hundred and thirty four
did agree to sell amongst other Copies of Books and parts of Copies of Books the said last mentioned four equal ninth parts to William
Feales of London Bookseller And thereupon by Deed Poll bearing date on or about the nineteenth day of December in the said Year one
thousand seven hundred and thirty four for the Consideration therein mentioned he the said John Poulson did grant bargain sell Assign and
set over to the said William Feales amongst other things All those his four equal ninth parts of one equal fourth part of the said Book Copy
Manuscript or Poem entitled Paradise Lost in twelve Books To hold to him the said William Feales his Executors Administrators and
Assigns to his and their own use and behoof for ever And did by the said Deed Poll last mentioned desire and Authorize the Master and
Wardens of the said Company of Stationers to permit and suffer the said four equal ninth parts of one equal fourth part of and in the said
Copy Book or Manuscript to be entred in their Register to him the said William Feales as his own four equal ninth parts of one equal fourth
part as in and by the said last mentioned Deed Poll or Assignment now in the Custody of you Orators or some of them ready to be produced
as this honourable Court shall direct relation thereunto being had may more fully appear And your Orators further shew unto your Lordship
that the said William Feales being by virtue of the said Deed Poll or Assignment last mentioned possessed of and intituled to the said four
equal thirty sixth parts or Shares of and in the said Book Copy Manuscript or Poem and having Occasion for a sum of money did on or about
the tenth day of July which was in the Year of our lord one thousand seven hundred and thirty five borrow and receive the same of John
New of London Gentleman and thereupon for the securing the repayment thereof with Interest he the said William Feales by his Deed Poll
bearing date the said tenth day of July in the said Year one thousand seven hundred and thirty five for the Consideration therein mentioned
did grant bargain Sell Assign and set over to the said John New amongst other things one equal thirty sixth part or share of and in the said
Book Copy Manuscript or Poem entitled Paradise Lost To hold to the said John New his Executors Administrators and Assigns for ever
subject to a Proviso of Redemption at a day long since past as in and by the said last mentioned Deed Poll or Assignment relation thereunto
being had may more fully appear And your Orators further shew unto your Lordship that the said William Feales afterwards to wit on or
about the twenty eighth day of March in the year one thousand seven hundred and thirty seven having occasion for a further sum of Money
applied to and borrowed the same of your said Orator Charles Corbet and thereupon and for the securing the repayment thereof with Interest
he the said William Feales by his Deed Poll bearing date the said twenty eighth day of March in the said year one thousand seven hundred
and thirty seven for the Consideration therein mentioned did grant bargain sell and Assign to your said Orator Charles Corbet one other
thirty sixth part or share of and in the said Copy Book Manuscript or Poem entituled Paradise lost To hold to your said Orator Charles
Corbet his Executors Administrators and Assigns for ever Subject to a like Proviso of Redemption at a day also long since past As in and by
the said last mentioned Deed Poll or Assignment relation thereunto being had may more fully appear And your Orators further shew unto
your Lordship that after the said last mentioned thirty sixth part or share of and in the said Copy Book Manuscript or Poem became forfeited
for default of redemption according to the Proviso in the said last mentioned Deed Poll contained your said Orator Charles Corbet who was
thereby become absolutely possessed of and entituled to the same did on or about the seventeenth day of April which was in the year of our
lord one thousand seven hundred and thirty eight agree to sell his said part or share to your Orators Samuel Birt and Edward Wicsted And
thereupon by Deed Poll bearing date the said seventeenth day of April in the said year one thousand seven hundred and thirty eight for the
Considerations therein mentioned your said Orator Charles Corbet did grant bargain sell Assign and set over to your said Orators Samuel
Birt and Edward Wicsted All that his said thirty sixth part or share of and in the said Book Copy Manuscript or Poem entituled Paradise Lost
To hold to your said Orators Samuel Birt and Edward Wicsted their Executors Administrators and Assigns for ever And your said Orator
Charles Corbet did thereby desire and authorize the Master and Wardens of the said Company of Stationers to permit and suffer the said
thirty sixth part or share of and in the said Book Copy Manuscript to be entred in their Register to your Orators the said Samuel Birt and
Edward Wicsted as their own thirty sixth part or share

---

Chapter 1 Page 4

November in the year of our lord one thousand seven hundred and twenty five died without having made any Disposition of or concerning
any of her Copies of Books or Shares of Copies of Books whereby the said John Poulson became duly possessed of and intituled unto the
said four equal ninth parts or shares of the said fourth part of the said Richard Wellington deceased being four equal thirty sixth parts or
shares of and in the said Book Copy Poem or Manuscript entituled Paradise lost And your Orators further shew unto your Lordship that the
said John Poulson being so possessed and entituled afterwards to wit on or about the nineteenth day of December in the year of our lord One
thousand seven hundred and thirty four did agree to sell amongst other Copies of Books and parts of Copies of Books the said last
mentioned four equal ninth parts to William Feales of London Bookseller And thereupon by Deed Poll bearing date on or about the
nineteenth day of December in the said Year one thousand seven hundred and thirty four for the Consideration therein mentioned he the said
John Poulson did grant bargain sell Assign and set over to the said William Feales amongst other things All those his four equal ninth parts
of one equal fourth part of the said Book Copy Manuscript or Poem entitled Paradise Lost in twelve Books To hold to him the said William
Feales his Executors Administrators and Assigns to his and their own use and behoof for ever And did by the said Deed Poll last mentioned
desire and Authorize the Master and Wardens of the said Company of Stationers to permit and suffer the said four equal ninth parts of one
equal fourth part of and in the said Copy Book or Manuscript to be entred in their Register to him the said William Feales as his own four
equal ninth parts of one equal fourth part as in and by the said last mentioned Deed Poll or Assignment now in the Custody of you Orators or
some of them ready to be produced as this honourable Court shall direct relation thereunto being had may more fully appear And your
Orators further shew unto your Lordship that the said William Feales being by virtue of the said Deed Poll or Assignment last mentioned
possessed of and intituled to the said four equal thirty sixth parts or Shares of and in the said Book Copy Manuscript or Poem and having
Occasion for a sum of money did on or about the tenth day of July which was in the Year of our lord one thousand seven hundred and thirty
five borrow and receive the same of John New of London Gentleman and thereupon for the securing the repayment thereof with Interest he
the said William Feales by his Deed Poll bearing date the said tenth day of July in the said Year one thousand seven hundred and thirty five
for the Consideration therein mentioned did grant bargain Sell Assign and set over to the said John New amongst other things one equal
thirty sixth part or share of and in the said Book Copy Manuscript or Poem entitled Paradise lost To hold to the said John New his Executors
Administrators and Assigns for ever subject to a Proviso of Redemption at a day long since past as in and by the said last mentioned Deed
Poll or Assignment relation thereunto being had may more fully appear And your Orators further shew unto your Lordship that the said
William Feales afterwards to wit on or about the twenty eighth day of March in the year one thousand seven hundred and thirty seven
having occasion for a further sum of Money applied to and borrowed the same of your said Orator Charles Corbet and thereupon and for the
securing the repayment thereof with Interest he the said William Feales by his Deed Poll bearing date the said twenty eighth day of March in
the said year one thousand seven hundred and thirty seven for the Consideration therein mentioned did grant bargain sell and Assign to your
said Orator Charles Corbet one other thirty sixth part or share of and in the said Copy Book Manuscript or Poem entituled Paradise lost To
hold to your said Orator Charles Corbet his Executors Administrators and Assigns for ever Subject to a like Proviso of Redemption at a day
also long since past As in and by the said last mentioned Deed Poll or Assignment relation thereunto being had may more fully appear And
your Orators further shew unto your Lordship that after the said last mentioned thirty sixth part or share of and in the said Copy Book
Manuscript or Poem became forfeited for default of redemption according to the Proviso in the said last mentioned Deed Poll contained your
said Orator Charles Corbet who was thereby become absolutely possessed of and entituled to the same did on or about the seventeenth day
of April which was in the year of our lord one thousand seven hundred and thirty eight agree to sell his said part or share to your Orators
Samuel Birt and Edward Wicsted And thereupon by Deed Poll bearing date the said seventeenth day of April in the said year one thousand
seven hundred and thirty eight for the Considerations therein mentioned your said Orator Charles Corbet did grant bargain sell Assign and
set over to your said Orators Samuel Birt and Edward Wicsted All that his said thirty sixth part or share of and in the said Book Copy
Manuscript or Poem entituled Paradise lost To hold to your said Orators Samuel Birt and Edward Wicsted their Executors Administrators
and Assigns for ever And your said Orator Charles Corbet did thereby desire and authorize the Master and Wardens of the said Company of
Stationers to permit and suffer the said thirty sixth part or share of and in the said Book Copy Manuscript to be entred in their Register to
your Orators the said Samuel Birt and Edward Wicsted as their own thirty sixth part or share As in and by the said last mentioned Deed Poll
or Assignment now in the Custody of your Orators or some of them ready to be produced as this honourable Court shall direct relation
thereunto being had may more fully appear And your Orators further shew unto your Lordship that the said William Feales on or about
the eleventh day of June in the year of our lord One thousand seven hundred and thirty seven continuing to be possessed of and entituled
into two thirty sixth parts or shares of and in the said Book Copy Manuscript or Poem entitled Paradise lost and having occasion for a further
Sum of Money did borrow and receive the same of Henry Woodfall Citizen and Stationer of London And thereupon for the securing the
repayment thereof with Interest he the said William Feales by his Deed Poll bearing date the eleventh day of June in the said Year One
thousand seven hundred and thirty seven for the Consideration therein mentioned Did grant bargain sell and Assign to the said Henry
Woodfall All those his two remaining thirty sixth parts or shares of and in the said Book Copy Manuscript or Poem entituled Paradise lost
To hold to him the said Henry Woodfall his Executors Administrators and Assigns for ever Subject to a Process of redemption at
a day long since past as in and by the said last mentioned Deed Poll or Assignment now in the custody of your Orators or some of them
ready to be produced as this honourable Court shall direct relation thereunto being had may more fully appear And your Orators further
shew unto your Lordship that afterwards to wit sometime in the year One thousand seven hundred and thirty seven the said William Feales
became a Bankrupt within the intent and meaning of the several Statutes made concerning Bankrupts some or one of them And thereupon a
Commission of Bankruptcy did on or about the seventh day of August in the said year of our lord one thousand seven hundred and thirty
seven issue out of this honourable Court against the said William Feales directed to the Commissioners therein named And your Orators
further shew unto your Lordship that your Orator Jacob Tonson and John Wath Henry Woodfall and Joseph Styles being the Assignees of
the Estate and Effects of the said William Feales under the said Commission did on or about the sixteenth day of October in the said Year
one thousand seven hundred and thirty seven redeem the said two thirty sixth parts or shares so made a Security to him the said Henry
Woodfall as aforesaid And thereupon the said Henry Woodfall by his Deed Poll bearing date the said Sixteenth day of October in the said
year One thousand seven hundred and thirty seven in consideration of the money by him received out of the Estate and Effects of the said
Bankrupt in full of the Principal and Interest due to him on the security of the said Premises did declare that he stood possessed of the said
two thirty sixth parts or shares of and in the said Copy Book Manuscript or Poem entituled Paradise Lost to the use of the said Assignees
their Executors Administrators and Assigns for ever In trust for themselves and the rest of the Creditors of the said William Feales As in and
by the said last mentioned Deed Poll or Declaration of Trust now in the Custody of your Orators or some of them ready to be produced as
this honourable Court shall direct relation thereunto being had may more fully appear And your Orators further shew unto your Lordship
that the said Assignees of the said William Feales having on the twelfth day of December in the said Year one thousand seven hundred and
thirty eight put up to publick Auction the said two thirty sixth parts or shares of and in the said Book Copy Manuscript or Poem in two
separate parcells the said Aaron Ward and Richard Chandler were allowed to be the best Bidders for one and James Hutton for the other of
the said thirty sixth parts or shares And thereupon the said Assignees by two several Deeds Poll both bearing date the twelfth day of
December in the said year one thousand seven hundred and thirty eight for the Considerations therein respectively mentioned did severally
grant bargain sell and assign one equal thirty sixth part or share of and in the said Book Copy Manuscript or Poem entituled Paradise lost to
the said Aaron Ward and Richard Chandler and one other thirty sixth part or share to the said James Hutton to hold the same to them
respectively and to their several respective Executors Administrators and Assigns for ever As in and by the said two several Deeds Poll or
Assignments now in the Custody of your Orators or some of them ready to be produced as this honourable Court shall direct relation unto
them respectively being had may more fully appear And your Orators further shew unto your Lordship that in or about the year one
thousand seven hundred and nineteen the said Jacob Tonson the younger since deceased and the rest of the then Proprietors of the said Copy
Book Manuscript or Poem being minded and desirous to print and publish a New and Correct Edition thereof did at a very great Expence
procure and employ Thomas Tickell Esquire a Gentleman of great Genius and Learning to certify the Mistakes of former Editions and to
supervise the said New Impression And your Orators further shew unto your Lordship that the said Jacob Tonson the Younger since
deceased and the rest of the then Proprietors of the said Copy Book Poem or Manuscript being about to print and publish another Edition in
the year one thousand seven hundred and twenty seven and being willing to spare no Expence that might tend to make the same compleat
did contract with and at a very considerable Expence procure Mr Elijah Fenton since deceased a Person of great skill and Learning to write
the Life of the said John Milton the Author and also to draw and prepare an Index or table of Contents of the said Poem And for the
Adorning and illustrating of the said Poem did cause and procure divers Copper Plates to be designed and engraved by the best Masters and
in or about the year one thousand seven hundred and twenty seven did print and publish a correct and compleat Edition of the said Book or
Poem entituled Paradise lost in octavo and duodecimo with the said Life of the Author prefixed and also adorned with the said Copper
Prints and concluding with the said Index or Table of Contents And your Orators further shew unto your Lordship that the Reverend Richard
Bentley Doctor in Divinity having in or about the year one thousand seven hundred and thirty two with great Labour and Erudition prepared
a new Edition of the said Poem with several learned Comments and Annotations various Readings and Amendments with a Preface The said
Jacob Tonson the younger since deceased and the rest of the then Proprietors being desirous of obliging the learned World with the said
Improvements did on or about the twenty third day of May which was in the Year of our lord one thousand seven hundred and thirty two
treat and agree with the said Doctor Bentley for purchasing the Copy or Manuscript of the said new Edition And thereupon by Deed Poll
bearing date on or about the twenty third day of May in the said Year one thousand seven hundred and thirty two the said Doctor Bentley for
the Considerations therein mentioned did grant bargain sell and Assign to the said Jacob Tonson the younger and the rest of the then
proprietors of the said Original Book Copy Poem or Manuscript All that his Copy of such new Edition of the said Poem with his Comments
Annotations various readings Amendments and Preface To have and to hold to them their Executors Administrators and Assigns for ever As
in and by the said last mentioned Deed Poll or Assignment now in the Custody of your Orators or some of them ready to be produced as this
honourable Court shall direct relation thereunto being had may more fully appear And your Orators further shew unto your Lordships that
the said Jacob Tonson the younger since deceased and the rest of the then Proprietors being so possessed of and intituled to the said Copy
purchased of the said Doctor Bentley did in the said year one thousand seven hundred and thirty two print and publish a curious New
Edition of the said Poem entituled Paradise lost with the said Comments Annotations various Readings Amendments and
preface of the said Doctor Bentley in quarto And your Orators further shew unto your Lordship that afterwards to wit on or about the twenty
fourth day of November in the year of our Lord One thousand seven hundred and thirty five the said Jacob Tonson the younger departed this
Life having duely made and published his last Will and Testament and thereby amongst other things devised and bequeathed to his two Sons
your Orators Jacob Tonson and Richard Tonson All and every his Copies of Books and Manuscripts and parts and shares of Copies of
Books and Manuscripts As in and by the probate of the said Will under the seal of the Prerogative Court of Canterbury now in the Custody
of your Orators the said Jacob Tonson and Richard Tonson or one of them ready to be produced as this Honourable Court shall direct
relation thereunto being had may more fully appear By virtue whereof your said Orators Jacob Tonson and Richard Tonson became
possessed and entituled (amongst other things) of and to three equal fourth parts or shares of and in the said Original Copy Book Manuscript
or Poem intituled Paradise lost and of and in the said Copy of the life of the said John Milton and of the said Index or Table of Contents
prepared composed and written by the said Elijah Fenton and also of and in the said Copy purchased of the said Doctor Bentley as aforesaid
And being so possessed and entituled your said Orators Jacob Tonson and Richard Tonson did admit your said Orator Somerset Draper unto
a Partnership with them in the said Copies amongst others And your Orators further shew unto your Lordship that the several shares and
interests of the said Aaron Ward Richard Chandler James Hutton Richard Wellington Bethell Wellington and John New of and in the said
original Copy Book Manuscript or Poem entitled Paradise lost and of and in the said Copy of the life of the said John Milton and of the said
Index or table of Contents prepared composed and written by the said Elijah Fenton And also of and in the said Copy purchased of the said
Doctor Bentley as aforesaid did afterwards by several mesne Assignments or other Conveyances thereof become duly vested in your Orators
or some of them And your Orators further shew unto your Lordship that the Reverend Thomas Newton Doctor in Divinity having with
uncommon Labour Industry and great Learning prepared another New and Correct Edition of the said Work or Poem intituled Miltons
Paradise lost and having also compiled and collected many Notes to illustrate and explain the said Poem and provided a set of Copper plates
for adorning the same designed and engraved by the best Masters It was by an Instrument of Agreement in writing bearing date on or about
the twenty fifth day of November in the year one thousand seven hundred and forty six and signed by the said Doctor Thomas Newton and
your said Orator Jacob Tonson on behalf of himself and others the then Proprietors of the Copy right of the said Poem entituled Paradise lost
Agreed That your said Orator Jacob Tonson should print a beautiful Edition of the said Work or Poem with such Notes Indexes Glossaries
Preface and Life of the Author as he the said Doctor Thomas Newton should provide for that purpose in two Volumes in quarto on Royal
Paper And also the Copper Plates provided by the said Doctor Thomas Newton and the two heads of the said John Milton then in the
possession of your said Orator Jacob Tonson and Should deliver to the said Doctor Newton three hundred sets of the said Poem as soon as
printed clear of all Expences whatsoever Except procuring the said Copper Plates And as the said Doctor Newton proposed to open a
Subscription for the above Work your said Orator Jacob Tonson agreed to furnish him with such Proposals and Receipts as should be
requisite for the said Subscription clear of all Expences and to pay the charges of Advertising the said Subscription and Publication of the
said Work In Consideration whereof the said Dr Newton did promise and agree upon the Performance of the said agreement on the part of
your said Orator Jacob Tonson fully and absolutely to assign transfer and set over unto your said Orator Jacob Tonson his Executors
Administrators and Assigns All his said Notes and Corrections Indexes Glossaries Preface and Life of the Author together with the Copper
Plates designed by Mr Hayman and intended to be made Use of in the said last mentioned Edition And all his Copy right Interest or Claim
of in or to the same and every part thereof To have and to hold unto your said Orator Jacob Tonson his Executors Administrators or Assigns
as his and their own proper Goods and Chattels for ever for the benefit of him your said Orator Jacob Tonson and the said other then
Proprietor of the said Original Work or Poem As in and by the said last mentioned Instrument of Agreement now in the Custody or Power of
your Orators or some of them ready to be produced as this honourable Court shall direct relation thereunto being had may more fully and
at large appear And your Orators further shew unto your Lordship that your said Orator Jacob Tonson and the rest of the Proprietors of the
said Copy so purchased of the said Doctor Newton as aforesaid did in the year of our lord One thousand seven hundred and forty nine print
and publish a New and beautiful Edition of the said Work or Poem entituled Paradise lost with the said Notes and Corrections Indexes
Glossaries Preface and life of the author Provided by the said Doctor Newton and also the said Copper Prints and heads of the said John
Milton the Author abovementioned in two volumes in quarto on Royal Paper and duly performed the rest of the said Agreement on their
parts And your Orators further shew unto your Lordship that the said several Copies so aforesaid Purchased from the said John Milton Elijah
Fenton Doctor Bentley and Doctor Newton are by several mesne Assignments and Conveyances thereof become duly vested in your Orators
And that your Orators and the several persons under whom they respectively Claim did from time to time soon after they respectively
became entituled as aforesaid duly enter or cause to be entred in the Register Books of the said Company of Stationers of the City of London
their several and respective shares and properties of in and to the said Original Copy Book Poem or Manuscript and the said several
Additions and Improvements made thereto as aforesaid And have from time to time laid out and expended considerable Suns of Money and
been at great Care Pains and Labour in buying and preparing good Paper proper Types and other Materials necessary for the printing
reprinting the said Poem and additional Improvements in a neat Elegant and correct manner and also in and about the printing collating and
publishing the same over and above the several Sums of Money laid out in the purchase of the said Original Copy Manuscript or Poem and
of the said several Additional Improvements made thereto as aforesaid notwithstanding which great care expence and Labour the said Poem
with the said Additional Improvements have allways been and still continue to be printed by your Orators in a Neat elegant beautifull and
correct manner with a good Type and on a good Paper and have allways been and still continue to be sold by your Orators at a very
moderate and reasonable price And your Orators expressly charge that your Orators and the said several persons under whom they
respectively derive Title as aforesaid And they only have from time to time untill lately made printed reprinted sold and offered or exposed
to sale Impressions of the said Original poem or of the said Life or Lives of the said John Milton or of the said Index or Indexes preface or
prefaces Annotations Comments various Readings Amendments Notes Corrections Glossarys Copper plate prints and Heads of the said John
Milton without any other person or persons making or so much as attempting to make any Impression thereof The right of your Orators and
those under whom they claim as aforesaid to the sole printing reprinting and vending the same being very well known and not in the least
disputed or called into Question All which had encouraged Several of your Orators to lay out part of their fortune and Substance in the
purchase of parts and shares of the said Copies and has induced several of those persons under whom some of the rest of your Orators Claim
to look upon their shares and properties in the said Copies as part of their personal Estate and as such to bequeath the same as part of their
Wives and Childrens positions And the same have Allways been considered as assetts in the hands of the Executors or Administrators of
several of the said proprietors for payment of their Testators or Intestates Debts And your Orators well hoped that when their right and title
to the said Book Copy Manuscript and Poem and to the said Several Additional Improvements had been established by such a length of
uninterupted possession your Orators should quietly have continued to enjoy the whole and sole Right benefit and advantage of printing
reprinting publishing and vending the said Poem Inituled Paradise lost And the said Live or Lives of John Milton together with the said
Indexes prefaces Comments Annotations various Readings Amendments Notes Corrections Glossaryes and Copper plate prints And that no
other person or persons would have invaded such Right by printing reprinting or vending the same or any part thereof or have Attempted to
deprive your Orators of the profit and advantage thereof But now so it is may it please your Lordship That Robert Walker of the Little old
Bailey London Printer and John Marchant of Clerkenwell Green in the County of Middlesex Gentleman conjoining and confederating
together and with diverse other persons unknown to your Orators whose names when discovered Your Orators pray may be herein inserted
with Apt words to charge them how to defraud and injure your Orators and to defeat them of their said Right and property And to deprive
them of the benefit and Advantage thereof Altho' the said Robert Walker and John Merchant and the rest of the Confederates in their
Consciences well know or have been credibly informed and believe that your Orators and no other person or persons whatsoever are entitled
to the possession and property of and in the said Original Copy Book poem or Manuscript composed and written by the said John Milton
And to the said Copy of the Life or Lives of the said John Milton and the said Index composed and written by the said Elijah Fenton And to
the said Copy of Annotations Comments Various Readings and Amendments made and written by the said Doctor Bentley And to the said
Copy of the Life of the said John Milton and preface and of the Notes Corrections Indexes Glossarys Composed and Written by the said
Doctor Newton And also to the said Copper plates and Copper plate prints And to the sole benefit priviledge and Advantage of printing
reprinting publishing and vending the same And that such Entries of the Right of Your Orators And of the Several persons under whom they
respectively claim as aforesaid in and to the said Copies have from time to time been duly made in the Registers of the said Company of
Stationers of the City of London as aforesaid And that your Orators and the said Several persons under whom they respectively Claim as
aforesaid And they only have quietly and uninteruptedly had and Enjoyed the sole and exclusive right of printing reprinting and vending the
said Poem Lives prefaces Indexes Annotations Comments Various readings Amendments Notes Corrections and Glossaryes ever since the
same were first printed and published without any person or persons Invading or attempting to Invade dispute or Interrupt their said right by
printing reprinting publishing or Vending the same Yet the said Robert Walker and John Marchant have lately printed and incerted or caused
to be printed and incerted in Several of the publick News Papers and in other papers and to be delivered out distributed and carried all over
Great Britain Advertisements or proposals in the words or to the Effect following That is to say This Day was published Number 1. Of
Miltons Paradise Lost, A Poem: in twelve Books, with Notes Etymological, Critical, Classical, and Explanatory Collected from Dr Bentley,
Dr Pearse, the present Bishop of Bangor, Richardson and Son; Addison Paterson Newton and other Authors intended as a Key to this Divine
Poem, whereby persons unaquainted with the Learned Languages and polite Literature, will be introduced into a familiar Acquaintance with
the Various Beauties and Excellencies of this Master piece of Heroick poetry Dedicated to the King by John Marchant Gent. Author of the
Exposition of the Old and New Testament &c. Conditions 1. That this Work will be printed in Twelves on an Elziver Letter, and fine
paper, And be contained in Sixteen Numbers, at Three-pence each Stitched in blue Covers, the whole to make two Neat pocket volumes. II.
The first Number was published on Wednesday the 30th. of October 1751; And will be continued every Wednesday till the whole is
completed. III. That a Compleat set of Cuts, curiously engraved by some of the best hands, will be delivered in the course of the publication,
gratis, which will be

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Chapter 1 Page 5

or Lives of the said John Milton and the said Index composed and written by the said Elijah Fenton And to the said Copy of Annotations
Comments Various Readings and Amendments made and written by the said Doctor Bentley And to the said Copy of the Life of the said
John Milton and preface and of the Notes Corrections Indexes Glossarys Composed and Written by the said Doctor Newton And also to the
said Copper plates and Copper plate prints And to the sole benefit priviledge and Advantage of printing reprinting publishing and vending
the same And that such Entries of the Right of Your Orators And of the Several persons under whom they respectively claim as aforesaid in
and to the said Copies have from time to time been duly made in the Registers of the said Company of Stationers of the City of London as
aforesaid And that your Orators and the said Several persons under whom they respectively Claim as aforesaid And they only have
quietly and uninteruptedly had and Enjoyed the sole and exclusive right of printing reprinting and vending the said Poem Lives prefaces
Indexes Annotations Comments Various readings Amendments Notes Corrections and Glossaryes ever since the same were first printed and
published without any person or persons Invading or attempting to Invade dispute or Interrupt their said right by printing reprinting
publishing or Vending the same Yet the said Robert Walker and John Marchant have lately printed and incerted or caused to be printed and
incerted in Several of the publilck News Papers and in other papers and to be delivered out distributed and carried all over Great Britain
Advertisements or proposals in the words or to the Effect following That is to say This Day was published Number 1. of Miltons Paradise
Lost, A Poem: in twelve Books, with Notes Etymological, Critical, Classical, and Explanatory Collected from Dr Bentley, Dr Pearse, the
present Bishop of Bangor, Richardson and Son; Addison Paterson Newton and other Authors intended as a Key to this Divine Poem,
whereby persons unaquainted with the Learned Languages and polite Literature, will be introduced into a familiar Acquaintance with the
Various Beauties and Excellencies of this Master piece of Heroick poetry Dedicated to the King by John Marchant Gent. Author of the
Exposition of the Old and New Testament &c. Conditions 1. That this Work will be printed in Twelves on an Elziver Letter, and fine
paper, And be contained in Sixteen Numbers, at Three-pence each Stitched in blue Covers, the whole to make two Neat pocket volumes. II.
The first Number was published on Wednesday the 30th. of October 1751; And will be continued every Wednesday till the whole is
completed. III. That a Compleat set of Cuts, curiously engraved by some of the best hands, will be delivered in the course of the publication,
gratis, which will be a Great Ornament to the Work. IV. That in order to encourage People to be Subscribers to this Cheap and valuable
Work, whatever the same shall make over the Sixteen Numbers (each of them to contain 48 pages besides the cuts) the overplus to be given
gratis. V. That no money is required or expected but on the Delivery of the Numbers. All persons on giving notive to my printer and
publisher R: Walker in the Little Old Bailey London, or to any of the venders of News papers, or of Books and pamphlets, may be assured
of being regularly Served with the numbers as they are published at their own Houses or where they shall Appoint N. B. also to be had of the
person who delivers these proposals. And your Orators expressly Charge that in pursuance of and agreeable to the said Advertisements and
proposals they the said Robert Walker and John Marchant have at several times within the space of Six Months last past in a fraudulent
Manner upon Account of the said Confederates some or one of them And not upon Account of your Orators or any of them or of any other
person or persons claiming or pretending any right or legal Authority so to do printed or caused or procured to be printed in Great Britain or
in parts beyond the Seas Several thousands or other great Quantities of Copies of the said Poem entituled Paradise Lost Composed and
Written by the said John Milton and of the said Index and Life of the said John Milton composed and written by the said Elija Fenton And of
the said Annotations Comments Various Readings and Amendments made and written by the said Doctor Bentley And of the Notes
Corrections Indexes and Glossarys composed and written by the said Doctor Newton which said Poem Life Indexes Annotations Comments
Various Readings Amendments Notes corrections and Glossaryes Aforesaid Your Orators expressely Charge are now legally and rightfully
vested in your Orators as aforesaid And the said Confederates or some or one of them have or hath imported or caused to be imported from
some part or parts beyond the Seas diverse great Quantities thereof And they some or one of them have by themselves or their Servants or
Agents received and had and now have in their some or one of their custody or power Several thousands of the said Surreptitious Copies so
by them some or one of them printed or caused to be printed or imported as aforesaid And have published the same or some part thereof (in
Numbers Books or parcells) and have taken in Subscriptions for and have sold and Delivered or caused to be sold and delivered to
Subscribers and others several thousand Surreptitious Copies of the said Poem Life and Index Annotations Comments Various Readings
Amendments Notes corrections and Glossarys or some part or parts thereof and have Contracted or offered to Sell great Quantities thereof
and threaten to proceed and actually are preoceeding in the same manner to print import publish and deliver to the said Subscribers and
others the Remainder of the said Poem Life indexes Annotations Comments various Readings Notes Corrections and Glossaryes so vested in
and belonging to your Orators as aforesaid Altho' they the said Confederates well know that the same or any part thereof has not been nor is
printed or caused to be printed by or with the Order Allowance or Consent of Your Orators or any of them or any of the said persons under
whom your Orators respectively claim as aforesaid And upon that Consideration the said Confederates some or one of them have or hath
employed divers persons to your Orators unknown in a private and clandestine way to procure the said Poem Life Indexes Annotations
Comments various Readings Amendments Notes Corrections and Glossarys or some part or parts thereof to be printed imported and sold
which has been sometimes done in the names of such other persons and sometimes of the said Confederates some or one of them and
sometimes also in false and fictitious names but allways to and for the use and Account of them the said Confederates who have agreed to
share the profits thereof and are or were or did contract to become Copartners in the said Illicit Trade and have got and acquired great Sums
of Money thereby And the said Confederates being at little more charge or expence than that of Paper and print and the better to colour this
their unjust proceeding the said Confederates sometimes pretend and give out in Speeches that they have good right and Authority to print
import publish and sell the said Poem Life Indexes Annotations Comments various readings Amendments Notes corrections and Glossaryes
in such sort manner and form as they the said Confederates shall think fitt for that they have purchased a Lycence so to do from your Orators
some or one of them or some other person or persons who is or are or pretend to be proprietors of the said Works but refuse to discover the
name or names of the person or persons from whom they pretend such Licence was purchased Whereas your Orators expressly charge that
the said Confederates never had any such Licence granted them by any persons or persons [sic] whatsoever and if any such they have Your
Orators humbly insist the same is insufficient not being granted by all the said proprietors But at other times when the said Confederates
have been called upon to produce and shew to your Orators such Licence if any they had the said Confederates have changed their pretence
and given out in Speeches that the said work printed or imported and published or intended to be printed imported or published by them the
said Confederates is not the work so vested in your Orators as aforesaid Whereas in Truth and in fact they are the same or part of the same
(as may Appear upon View and Comparrison thereof) without any Addition Improvement alteration or difference whatsoever or if they
differ at all it is only in the Title page or in some other mintute [sic] and inconsiderable particulars or Circumstances which was and is only
y Contrivance to elude your Orators Right or else by negligent mistakes and Errors in the careless and false printing thereof or else in the
unskillfull drawing or graving the prints or Cutts belonging to the said Surreptitious Impression made by or for the said Confederates which
prints or Cutts your Orators expressly charge are copied from the said Original prints or Cutts which your Orators or those under whom they
Claim did at a very great Expence cause or procure to be designed and engraved by the Best Masters in Order to Adorn and Compleat the
Impression of the said Poem published by them And altho' the said Confederates well know that your Orators have no other way then by
Sale of the said Poem Life Indexes Annotations Comments Various Readings Amendments Notes Corrections and Glossarys and of the said
Prints or Cutts and other Improvements by them printed and published or to be printed and published to reimburse themselves the great
Sums of Money which they your Orators or those under whom they respectively Claim have paid and expended for the original Copies and
Manuscripts thereof and in and about the Printing reprinting publishing and vending the same Yet they the said Confederates threaten that in
order to prevent the said sale by your Orators they the said Confederates will sell the the said surreptitious Impressions made or to be made
by or for themselves at a much lower price than the genuine Impressions have usually been sold for or can reasonably be afforded at by your
Orators And your Orators expressly charge that the better to enable themselves to sell the said surreptitious Impressions at such lower price
the said Confederates do print or cause the same to be printed on a bad paper with old and worn out Types and in a hasty incorrect manner
Whereas your Orators have always at a very large expence employed the best paper and materials in the said Impressions made by them and
employed proper and skilful Persons to supervise and Correct the Errors of the Press And although some of the said Confederates (when
applied to to know by and under what Right Title or Authority they take upon themselves to print import publish and sell the said
surreptitious Imrpessions of the said Poem Life Index and other Additions Amendments and Improvements aforementioned and to request
them to forbear doing so for the future) have been brought to admit and confess that they had not any particular right or title to print import
publish or sell the same or any part thereof yet the said Confederates have at such time pretended that they aswell as every other person and
persons whatsoever had a general Right to print import and publish any Book Poem or Work whatsoever And that the Authors or Compilers
of such Books Poems or Works could not by any Deed or Deeds give or grant to any Person or Persons any exclusive Priviledge to print
publish and sell the same And that if any such Priviledge was or could be conveyed to your Orators in relation to the said Poem intitled
Paradise lost the Index thereto and the said life of the said John Milton and to the other Additions Amendments and Improvements
abovementioned they the said Confederates had no Notice thereof and therefore were not nor could be concluded thereby Whereas your
Orators humbly insist that the said John Milton Thomas Tickell Elijah Fenton Doctor Bentley and Doctor Newton had an absolute Right and
Property in the Fruits of their own Genius Learning and Application and had power and Authority for good and valuable Considerations to
assign and Convey such right and Property to your Orators or those persons under whom your Orators claim as aforesaid And so it has
always been understood (and no body has ever attempted to print reprint import Publish or sell any Impression of the sadi Poem intitled
Paradise lost with the said Index Life of the said John Milton additions amendments and improvements aforesaid but your Orators or those
under whom they claim as aforesaid until the Usurpation of the said Confederates upon your Orators right) And your Orators charge that the
said Entries made from time to time in the Register Books of the said Company of Stationers of the several Rights and Properties of your
Orators and those under whom they respectively claim as aforesaid of in and to the said Poem Life Index Additions Amendments and
Improvements was and is a proper and sufficient Notice of such rights and Properties respectively and a full and total barr and exclusion to
any other person or persons from invading the said respective Rights and Properties so rightfully vested and solemnly claimed and published
as aforesaid And your Orators humbly insist that they ought in Justice and Equity to have a satisfaction and Compensation made them by the
said Confederates for the violation and Injury by them committed upon your Orators said Right and Property And that your Orators ought
for the future to be quieted and secured in the full and peaceable possession and enjoyment thereof And the said Confederates and all and
every other person and persons totally restrained and excluded from Printing reprinting importing published or vending the said several
Works so legally vested in your Orators as aforesaid without which Restriction and exclusion the Right which your Orators claim by virtue
of and under fair and bona fide Purchases made for good and valueable Considerations will be defeated or rendred useless and unprofitable
to the utter Ruin of your Orators and their Families and the discouragement of Learning in these Kingdoms In tender Consideration whereof
and for that your Orators are utterly remediless in the Premises at and by the strict Rules of the Common Law your Orators Witnesses who
could prove all and singular the Matters aforesaid to be as they are herein before charged being either Dead or gone into Parts beyond the
seas or to places remote and unknown to your Orators And for that your Orators can only in a Court of Equity obtain a Discovery of the
secret transactions of the said Confederates in the Premises upon Oath and compel them to come to an Account with your Orators for the
profits that have accrewed to them by the Printing importing publishing and vending of the said works to vested in your Orators as aforesaid
or obtain an Injunction for quietting your Orators in the future possession of their said undoubted Rights and Properties To the Enf therefore
that the said Robert Walker John Marchant and the rest of the Confederates when discovered may upon their several and respective corporal
Oaths true full and perfect Answer make to the best of their knowledge remembrance information and belief to all and every the matters and
things hereinbefore mentioned and setforth as fully and effectually as if the same were herein again repeated and particularly interrogated
And more particularly that the said Robert Walker John Marchant and the rest of the Confederates may severally answer setforth and
discover whether as they know have heard been informed and believe your Orators or any and which of them is or are not possessed of and
intitled unto the Copy or Manuscript of the said Poem entitled Paradise lost composed and written by the said John Milton And the Copy or
Manuscript of the Index or Table of Contents of the said Poem and the Copy or Manuscript of the Life of the said John Milton composed
and written by the said Elijah Fenton And also the Copy or Manuscript of the said Annotations Comments various Readings and
amendments composed and written by the said Doctor Bentley And also the Copy or Manuscript of the said Life or Lives Indexes Notes
Corrections Glossaries and Preface composed and written by the said Doctor Newton or of or to any and which of the said Copies or
Manuscripts by virtue of and under the said several Deeds and Assignments or any and which of them and whether such Deeds and
Assignments or any and which of them were not from time to time soon after they were respectively executed or at any other and what times
respectively entred in the publick Register Books of the said Company of Stationers as aforesaid And whether they the said Confederates or
any and which of them or any other and what Person or Persons by name have or claim or pretend to have or claim any right or title in or to
the said several Copies or any and which of them or to any and what part or parts of any and which of them And by and under what Deed or
Deeds Assignment or Assignments or any other and what Licence or Authority they have or claim or pretend to have a right or power to
print reprint or import publish vend or sell any Impressions of the said Copies or any and which of them ^or any part or parts of any and
which of them^ And may produce such Deed or Deeds Assignment ^or Assignments^ Licence or Authority (if any) for your Orators Perusal
and Inspection and may setforth what sum or sums of money or any others and what Consideratiosn was or were truly and bona fide paid or
given for the same respectively And whether such Deed or Deeds Assignment or Assignments Licence or Authority (if any) under which the
said Confederates or any of them claim or pretend to claim was or were executed by the Parties purported to have executed the same and at
the time or times on which the same respectively purport to bear date or at any other and what time or times respectively And whether they
the said Confederates or any and which of them or any and which of the Persons under whom they respectively claim any right or property
in or to the said Copies or any of them have or hath at any time or times and when made or caused to be made any entry or Entries of such
their pretended right or of any Assignment or Conveyance thereof in the Register Books of the said Company of Stationers And that the said
Confederates may setforth and discover whether as they know have heard or beleive your Orators and the several Persons under whom they
derive their Title as aforesaid or any and which of them have not from time to time since the first printing of the said Poem Life Indexes
Prefaces Annotations Comments various Readings Notes Corrections and Glossaries respectively constantly printed reprinted published and
sold the same respectively And whether any other Person or Persons and who by name have at any time or times and when and under what
Right Colour or Pretence presumed or attempted to print reprint import publish sell or expose to sale any Impressions of the said Copies or
any and which of them or any part or parts of them any and which of them And may also setforth and discover whether they the said
Confederates or any and which of them by themselves or their Servants Workmen Hawkers or Agents have not within these three months
last past or for any other and what time or in what Town City Place or House in Great Britain printed or reprinted or caused to be printed or
reprinted as aforesaid or imported or caused to be imported from any and what Towns and Places beyond the Seas as aforesaid or bought of
or from any and what Person or Persons who actually printed or imported or caused the same to be printed or imported any or what Number
or Quantities of Impressions or Copies of the said Poem Prefaces Life Indexes Annotations Comments various Readings Amendments Notes
Corrections Glossaries or of any and which of them or of any and what part or parts of any and which of them (other than those actually
printed published and sold by or for you Orators) or those under whom they claim some or one of them (their some or one of their Agents
Servants or Customers) and by with or under what Name or Names Title or Titles title pages or Descriptions And also that each of them the
said Confederates may setforth and discover whether they have not for some time past and how long known or do not now know and believe
that the said Impression of the said Poem Life Index Additions and Amendments made published and vended by or for the said Confederates
some or one of them was so made bought printed reprinted imported published or sold without the Order Licence or Consent of your Orators
And whether the said Impression does in any and what particulars vary from the said Impression made published and sold by our Orators
And may setforth whether the said Impression made published and sold by your Orators is not sold by them at a moderate and reasonable
Price And whether the same does any thing and how much exceed the Price at which the said surreptitious Impressions is sold by the said
Confederates And whether such Difference (if any) is unreasonable considering the large Sums laid out and expended by your Orators or
those under whom they Claim for the original Copies of them purchased as aforesaid and in and about the designing and graving the Prints
or Cutts belonging to the said Impression sold by your Orators and also considering the difference of Paper Types and Correctness And that
the said Confederates and each of them may come to an Account with your Orators for the profits by them respectively made from or by the
Printing reprinting importing publishing and selling the said Poem Life Index Additions Amendments Improvements or any part or parts
thereof And for that purpose may setforth all Entries Minutes and Memorandums by them respectively made in any Book or Paper of
touching or concerning the Numbers Quantities Prices or other Particulars of the Purchase Importation Impression Publication or Sale of the
said Works or any of them or any part or parts of them or any of them And that they the said Confederates and each and every of them their
and each and every of their Agents Workmen and Servants and all and every other person and persons whatsoever who by Order and
Direction or under and in Trust for the said Confederates or any of them already have printed reprinted imported published sold exposed to
sale bartered or delivered or at any time or times hereafter shall presume or attempt to print reprint import publish sell expose to sale barter
or deliver to Subscribers or others the said surreptitious Impression of the said Poem entituled Paradise lost and of the said Index thereto and
of the life of the said John Milton written by the said Elijah Fenton and other Additions Amendments and Improvements above mentioned
or any part or parcel quantity or quantities of the said surreptitious Impression or any other surreptitious Impression of the said Poem Index
Life Additions Amendments and Improvements without the Licence Authority and Consent of your Orators may be enjoined and restrained
by the Injunction of this honourable Court from printing reprinting importing publishing Selling bartering exposing to Sale delivering or
distributing to Subscribers or others the said surreptitious Impression or any part thereof or any other Impression whatsoever of the said
Poem Life Index Additions Amendments and Improvements so rightfully vested in your Orators as aforesaid under any Name title title page
or description whatsoever either in Volumes Books Pamphlets parcels Numbers or Sheets or otherwise howsoever without the Licence
Order Consent or Authority of your Orators for that purpose first had and obtained And that your Orators may have and obtain such further
and other releif in the premises as to your Lordship shall seem meet May it please your Lordship the Premises considered to grant unto your
Orators aswell his Majesty's Writ of Injunction to be directed to the said Robert Walker and John Marchant and all and every their Agents
Workmen and Servants thereby commanding and enjoining them and each of them under a certain Pain therein to be expressed to desist
from Printing reprinting importing publshing selling and exposing to sale or disposing of the said Poem ^entitled Paradise lost and of the
said^ Lives Prefaces Indexes Annotations Comments various Readings Amendments Notes Corrections and Glossaries ^and other the
premises^ As also his Majestys most gracious Writt or Writts or Subpena to be directed to the said Robert Walker and John Marchant and
other their Confederates when discovered thereby commanding them and each and every of them at a certain day and under a certain Pain
therein to be limitted personally to be and appear before your Lordship in this honourable Court then and there to answer all and singular the
premises And further to stand to perform and abide such Order Direction and Decree therein as to your Lordship shall seem meet And your
Orators shall every pray &c./.

                                                                                                                              William Whitaker




Transcription by: Neil Younger