# Primary Sources on Copyright - Record Viewer
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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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




    

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