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