Burnet v. Chetwood: Entries from the Court's Book of Orders, London (1721)

Source: The National Archives: c.33 335/323, 350

Citation:
Burnet v. Chetwood: Entries from the Court's Book of Orders, London (1721), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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                        Jovis 12o October
Geo: Burnet gen quer       } Upon opening of the mre this present day unto the Right Honourable the Lord High Chancellor &c by Mr Lutwych
Gul Chetwood and Franklin      } Mr Wilkinson & Mr Mead being of the Plaintiffs Counsel in the presence of Mr Kettleby & Mr Emlyn
& Johem Watts & al Defendents } being of Counsel for the Defendants It was alleged that Tho. Burnett Doctor of Laws (to whom the Plaintiff is Executor)
having in his lifetime about the year 1692 written in the Latin Tongue and published a Book intitled [Archæologiæ
Philosophicæ] which book was printed for Walter Ketilby then a Bookseller In whose name the said Book
was entred in the Registry of the Stationers Company and a certain writer having afterward published a Book
called the [Oracles of Reason] and therein inserted a translacion of parte of the said Dr Burnets Archæologiæ Philosophicæ
without his having had notice thereof The said Dr. Burnet in order to prevent for the future his said Book from
being reprinted abriged or translated without his leave & approbacion insisted that the said Ketilby his
Bookseller should make a Declaracion of trust to him of the said Copy which the said Ketilby did accordingly by writing
under his hand & Seal dated the 22d of Febr 1694 and no person did during the said Dr Burnets life presume to translate
the said Book he having in severall passages in his other writings expressed himself that the Book was only intended
to the learned and for that reason was wrote in Latin & not in the Vulgar Tongue But since the said Dr Burnets death
the Defendants have entred into a Confederacy with other Booksellers to have the said Book translated into English and
published and Advertizments have been inserted in the News papers that the said Book being translated by Mr Rousillion
the translacion would speedily be delivered out to the Subscribers and upon enquiry the Plaintiff finds that the said Translation
is Erroneous & the sense & words of the Author mistaken & represented in an absurd & ridiculous manner That the said Dr
Burnet was also Author of a Book intitled De Statu Mortuorum & Resurgentium which he did not design should be
published But the Defendants having got a surreptitious copy thereof gave out they intended ^to procure^ the same to be translated
& published That the Plaintiff being Executor to the said Dr Burnett By vertue of the Statute of the 8th of Queen Anne Intitled an
Act for the incouragment of Learning having a right to the Copys of the said Books and to the Sole Right of printing &
publishing the same or to reserve the same unpublished Did cause Notice to be given That this day this Court
would be moved for an Injuncion to stay the printing publlishing & selling the said Archæologiæ Philosophicæ Whereupon
the said Defendants in contempt of this Court have in a printed Newspaper Intitled the Daily Journal, of which
they or some of them are proprietors incerted certain Advertizments which are reflecting on & in effect bidding defiance
to this Court and by Advertisment in the said News paper dated the 10th instant and this day have reflected on & publickly exposed
Mr Francis Wilkinson for doing his duty in this Court as being Counsel for the Plaintiffs in this Cause Whereupon & upon hearing of what
was alleadged on both sides His Lordship doth order an Injuncion be awarded against the Defendants to restrain them their printers
or Agents & workmen from printing selling or publishing the Translation into English of the said ^late^ Dr Burnets Book
intitled Archæologiæ Philosophicæ And likewise to stay the translating printing publishing and Selling the said Dr Burnets
Book De Statu Mortuorum & Resurgentium And the Defendant Wm Chetwood & all other persons concerned in translating or printing
the said Books are forthwith to produce upon Oath before Mr Hiccocks One &c all Copys of printed Sheets which they
have or at the time of the Notice of this Mocion had in their custody or power of the said Books or either of them and
his Lordship doth further Order that the said Defendant Chetwood & all other parties concerned as proprietors or in printing &
publishing the said Advertizments in the said News papers intitled the Daily Journal dated the 10th of this Instant October
& this day do upon upon [sic] notice hereof shew good cause unto this Court the first day of the next term why they should
not stand committed to the Prison of the Fleet for their said Offence & Contempt.


    

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