<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-08-13</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140313.apex.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B25396">
<STC T="W">J1242</STC>
<BIBNO T="umi">99829700</BIBNO>
<VID>207183</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD>A ju&s;t Vindication of Mr. <HI>Poole</HI>'s De&s;igne for Printing of his <HI>Synop&s;is of Critical and other Commentators;</HI> again&s;t the pretences of Mr. <HI>Cornelius Bee,</HI> Book-&s;eller.</HEAD>
<P>WHereas Mr. <HI>Bee</HI> hath lately printed and publi&s;hed a Paper, entituled, <HI>The Ca&s;e of Cornelius Bee,</HI> &amp;c. wherein he pre|tends, That Mr. <HI>Poole</HI> hath invaded his right and propriety in the <HI>Criticks,</HI> contrary to the Act of Parliament, which prohibits the re|printing of all Books either in part or in whole, without the con&s;ent of him who makes a due entry of the &s;ame; and al&s;o contrary to the Kings Priviledge, which provideth, That no man &s;hould print the &s;aid <HI>Criticks,</HI> neither the whole, nor any part thereof; and therefore, that Mr. <HI>Poole</HI> may neither epitomize the &s;aid <HI>Criticks,</HI> nor take any thing out of them without manife&s;t inju&s;tice; and that the &s;aid Mr. <HI>Poole</HI> by his Work doth both &s;poyl the &s;ale of the <HI>Criticks</HI> that are left, and hinder the &s;aid Mr. <HI>Bee</HI> in his de&s;ign of re-printing the <HI>Criticks,</HI> which, he &s;aith, he purpo|&s;eth to do in far better manner than he did before; and this is the &s;ub|&s;tance of Mr. <HI>Bee</HI>'s plea, which he aggravates, by the con&s;ideration of his great Charge in printing the Books, and his great lo&s;&s;e &s;u&s;tained by the late Fire.</P>
<P>In an&s;wer thereunto, it is &s;ubmitted on Mr. <HI>Pooles</HI> part:</P>
<LIST>
<ITEM>1. That Mr. <HI>Poole</HI> did before the publi&s;hing of his de&s;ign under&s;tand this pretence of Mr. <HI>Bee,</HI> and thereupon did addre&s;&s;e him&s;elf to per&s;ons of greate&s;t eminency for integrity and skill in the Law, (which is the great di&s;cerner of mens proprieties) and fully acquainted them with his de&s;ign, and al&s;o with all that right which Mr. <HI>Bee</HI> now pretends, as well from the Act of Parliament, as from the Kings Priviledge; and from their concurring judgements received &s;atisfaction, that notwith&s;tanding Mr. <HI>Bee</HI>'s pretence, Mr. <HI>Poole</HI> might without fear of any lawfull di&s;turbance go on in his Work.</ITEM>
<ITEM>2. That Mr. <HI>Poole</HI> did at two &s;everal meetings before divers worthy per&s;ons, make offer to the &s;aid Mr. <HI>Bee,</HI> to referre the whole bu&s;ine&s;&s;e, not only for Common Law but al&s;o for Equity and Con&s;cience, to two Lawyers, and to two Divines, to be indifferently cho&s;en by them, which
<PB N="2" REF="2"> Mr. <HI>Bee</HI> utterly refu&s;ed. And the &s;aid Mr. <HI>Poole</HI> did then further offer to Mr. <HI>Bee</HI> (upon condition they had been then accepted) &s;uch con&s;ide|rable terms of accommodation, as were judged by all that were pre&s;ent (even by tho&s;e that were cho&s;en by Mr. <HI>Bee)</HI> to be &s;uch as would have been much to Mr <HI>Bee</HI>'s advantage, and more than the &s;aid Mr. <HI>Poole</HI> was any way obliged unto.</ITEM>
<ITEM>3. How unrighteous a thing it is for Mr. <HI>Bee</HI> to charge Mr. <HI>Poole</HI> with that which him&s;elf is guilty of: For in that late Edition of the <HI>Criticks,</HI> he brought down the price of divers Books from 50, or 60 <HI>l.</HI> to 13 <HI>l.</HI> 10 <HI>s.</HI> as he him&s;elf profe&s;&s;eth, whereby diver&s;e Scholars were forced to &s;ell tho&s;e Books with great lo&s;&s;e, at far lower prices than they co&s;t them; and the re-printing of the <HI>Criticks</HI> in far better form, will be a manife&s;t injury to hundreds of Scholars that bought the pre&s;ent <HI>Criticks</HI> at a dear rate, which by this means will be little better than wa&s;te-paper; And if the&s;e lo&s;&s;es and injuries be expiated by the &s;erviceablene&s;&s;e of Mr. <HI>Bee</HI>'s de&s;ign to the Publike good, Why may not Mr. <HI>Poole</HI> have the Benefit of the &s;ame Plea?</ITEM>
<ITEM>4. It is &s;o unrea&s;onable a conceit which Mr. <HI>Bee</HI> expre&s;ly affirms, that <HI>It is inju&s;tice to take any thing out of the</HI> Criticks, that it de&s;erves no An&s;wer. Nothing is more familiar than for one Author to take con|&s;iderable parcels out of others and print them in his own Book; and Mr. <HI>Roy&s;ton</HI> him&s;elf one of Mr. <HI>Bee</HI>'s Partners, notwith&s;tanding the Kings Priviledge and Patent granted to others for the &s;ole right of printing of the Bible, did print all the <HI>New Te&s;tament</HI> with Dr. <HI>Ham|mond</HI>'s Notes to it: Nay the making and printing of <HI>Epitomies</HI> of larger Books by other per&s;ons is warranted not only by the judgement of Lawyers, but by the u&s;ual practice of Book&s;ellers among them|&s;elves. Who ever accu&s;ed <HI>Marlorat</HI> of <HI>inju&s;tice</HI> for making an Epitomy of <HI>Calvin, Bullinger,</HI> and <HI>Mu&s;culus,</HI> &amp;c. upon the New Te&s;tament, though he hath nothing el&s;e both for Words and Matter but what is taken out of tho&s;e very Authors? Who ever que&s;tioned Mr. <HI>Ma&s;on</HI> or his Printer for Epitomizing the <HI>Book of Martyrs?</HI> or Mr. <HI>Wa&s;e</HI> for Epitomizing former <HI>Dictionaries</HI> both <HI>Latine</HI> and <HI>Engli&s;h,</HI> or any of the Epitomizers of the Books of <HI>Common</HI> and <HI>Statute Law?</HI> And no longer ago then this la&s;t Term, this very Ca&s;e was determined according|ly by the Lord Keeper.</ITEM>
<ITEM>5. That Mr. <HI>Poole</HI> doth not pretend to Epitomize the whole <HI>Criticks;</HI> there are many material things in tho&s;e Books not belonging to the Expo&s;ition of <HI>Scripture,</HI> and <HI>Critical</HI> Curio&s;ities, which &s;uch as are able will be willing to purcha&s;e. And for &s;o much of the Work as Mr. <HI>Poole</HI>
<PB N="3" REF="2"> hath done, there is not above a Fourth or Fifth part taken out of tho&s;e Authors which are in the <HI>Criticks:</HI> And even tho&s;e very pa&s;&s;ages in Mr. <HI>Poole</HI>'s Work which occurr in tho&s;e <HI>Critical Authors,</HI> are for a very great part, common to them with other Authors which Mr. <HI>Poole</HI> makes u&s;e of.</ITEM>
<ITEM>6. As for the re-printing of the <HI>Criticks,</HI> which Mr. <HI>Bee</HI> pretends to be hindred by this Work, and that the &s;ale of tho&s;e Books will be ob|&s;tructed; It is true, there can be no Work undertaken for publick good, but it may accidentally turn to &s;ome mens di&s;advantage: But for this it is further offered;
<LIST>
<ITEM>1. That this is no lo&s;s of any pre&s;ent or certain benefit to Mr. <HI>Bee,</HI> and that this Work he pretends is a work of long time, great charge, and much uncertainty, both in the accompli&s;hment and advantage of it; &s;o that &s;everal of Mr. <HI>Bee</HI>'s Partners declare they will not joyn with him in it; and it is generally believed by Scholars and Book&s;ellers that it is not likely to be Printed.</ITEM>
<ITEM>2. It is mo&s;t evident and known to Scholars, that many of tho&s;e that are able to buy and read large Volumes will not be &s;atisfied with any Epitomies, but will have recour&s;e to the Authors. But whereas there are at lea&s;t an hundred Scholars to one who&s;e time and pur&s;es cannot po&s;&s;ibly reach to large Authors; it is good rea&s;on they &s;hould be provided for; and if Mr. <HI>Bee</HI> can be content that all &s;uch &s;hould re|main de&s;titute of any nece&s;&s;ary or u&s;efull helps for a &s;olid Under&s;tanding of the <HI>Bible,</HI> meerly out of a conceit of an Imaginary profit which may po&s;&s;ibly accrue to him&s;elf, let him not be angry if others be of another opinion.</ITEM>
</LIST></ITEM>
</LIST>
<P>This being the true &s;tate of the Ca&s;e, and Mr. <HI>Bee</HI> having refu&s;ed all amicable offers of accommodation, and &s;till endeavouring to di&s;turb and hinder the Work, it is Mr. <HI>Poole</HI>'s intention, vigorou&s;ly and thearfully to proceed in his Work; not doubting but God will be plea&s;ed to pro&s;per his endeavours, and that he &s;hall have the a&s;&s;i&s;tance and encouragement of all lovers of Learning and Piety.</P>
<P>THat Mr. <HI>Poole</HI> may not be thought partial in his own cau&s;e, here are &s;ubjoyned the opinions of two Gentlemen of known eminency in the Law; to which (if need be) many others will declare their a&s;&s;ent, having &s;ignified to divers per&s;ons, that they are of the &s;ame opinion.</P>
<DIV2 TYPE="part">
<PB N="4" REF="3">
<HEAD>The Opinion of Sr. <HI>John Maynard</HI> Serjeant at Law.</HEAD>
<P>THe grant of the &s;ole Printing of the <HI>Criticks,</HI> doth not prohibit the printing of a <HI>Synop&s;is</HI> or <HI>Collection</HI> made out of the <HI>Criticks</HI> and <HI>other Authors;</HI> no more then &s;uch grant of &s;ole printing of the <HI>Bible,</HI> doth prohibit the printing of a <HI>Sermon</HI> or <HI>Concordance,</HI> as I conceive.</P>
<CLOSER><SIGNED>J. MAYNARD.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Opinion of Mr. <HI>William Jones</HI> Coun&s;ellor at Law of <HI>Grayes Inne.</HI></HEAD>
<P><HI>I</HI> Have peru&s;ed as well <GAP DESC="illegible" EXTENT="1 span"> Ca&s;e &s;tated by Mr. <HI>Bee</HI> again&s;t Mr. <HI>Poole;</HI> as that <HI><GAP DESC="illegible" EXTENT="1 span"> Poole</HI> in an&s;wer to Mr. <HI>Bee,</HI> and upon con&s;ideration of both, I am of opinion, that Mr. <HI>Bee</HI> hath no Injury done to him, nor can have any remedy either in Law or Equity, for what is propounded to be done by Mr. <HI>Poole</HI> in his intended Work.</P>
<CLOSER><DATELINE><DATE>Feb. 10. 1667.</DATE></DATELINE>
<SIGNED>W. JONES.</SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
