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Tonson v. Walker, London (1751)
Source: The National Archives c.11 1106/18
Citation:
Tonson v. Walker, London (1751), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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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
Source: The National Archives c.11 1106/18
Citation:
Tonson v. Walker, London (1751), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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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