Star.
London, England, 1804-05-05 00:00:00

the Patent to the Univerfiry of Oxford, the words
were donut d coarrdivou haritiarit. 'There 13,411 the
verbs were employed in the fame manner to ope
sate upon the fultiftantive liceatiam ; there thereto; c
could not be much di.b4eulty upon that head. 'lite
Univerfity of Cambridge had the power by their
Patent of printing and reprinting all v.on ks then in
their Library, and for this they had a Copy right it
21 years; they had all, the power of excluliveiy
printing fuch learned works as they may themliives
produce, and for that the privilege is eetended ten
years longer If under the terms of their Patent they
were entitled to the exchifive minting of all mom:—
of Books, wanim;rlat Ghat, Where was the ufe of 11:=
other Grants ? This evidently was not the cal:
but it was thought reafonable that for the advancz,
ment of learning, they fhould be entitled to pr iit
fuch manufcript works as were then within their 1..--
brary, and a fortiori it was thought neceffary to pr.,.
telt therein the file of works of their own compon.
titan. This was no more than giving them a gene-
ral latitude to print without a particular licence,
at a time when, though printing was general, no
other perfon could print without a particular licence,
In the cafe of Balkett and the Univerfities, they were
under the neeedfity of defending themfelves, and I
think it was only by a very favourable eonllntelion
indeed of the words nonimarlas Like', that they ob-
tained a concurrent right with the King's Printer.—
The only inflance in which the free intercourse be-
tween England and Scotland i, in the cafe of a debtor,
who may be prevented in confequence of his being in
fuch cireumltance,, froili going out of the kingdom,
by virtue of a writ of ivc carat Regis., as that applies
to each past of the kingdom of Great Britain, dif-
tinaly and feparately. But, if there was no debt in
the cafe, and a man was to happy as to find himfelf
in England, he believed their Loicilhips would not
fay that he thould be prevented horn going into
Scotland, if he liked. The Attosegy-Getwial, how-
ever, had Paid, that if there was tl) Xing's Printer
in England, the Scots' Bibles could not be introduced
into the £nglith masker. If the infirmity of the feat
was eftablillied, he, undoubtedly, was right ; but as
that is only a matter of opinion, and u there is no
public law to that diet% I mutt conclude that your
Lorellhips' judgment will not tie bleared by fuch an al
guesent. II the Bibles are the fame, and the authority
for printing each ie teen equally to emanate from the
prerogative of the Crown, in my bumble opinion their
power to fell any wherein Great Britain le equal. I
do not pretend to fay that lam arguing a clear cafe
I (hall not be to impertinent befose your Lordthips ;
on the contrary; I confcfs the embaraffment which I
feel. This, however, I will venture to offer, that at
in my opinion a patentee may bring his anion, and ha
may grant licences, as far as five, to other perfons,
yet thole licentiates cannot bring their aCtion and re-
cover at law ; to it appears to me that if the King's
printer might fue in his own name as patentee, the
Univerfities, who nate that they derive a right wider
him, are not entitled to rue in their own name ; or
otherwife the Attorney General might profecute on
the ground that the prerogative of the Crown had
been invaded. I (hall not wade the time of your Lord-
flips any longer, but fubmit to your Lordihips that
I ref my cafe on thefe three points-111, That I con-
fider the King's print..r in Scotland the fame as the
King's printer in England, both having the fame au-
thonty ; telly, that it was not in the power of the
King to make ufe cf any other feat for that part of
his kingdom ; and jdly, that in the cafe of Balker:
and Parfons, the Lord Chancellor obfcrvcd that One
Bibles then in quellion were imported, and brought
from Scotland, no doubt with a reference to th.rir
having been printed in HoUand by perfons who had
not his bfajetty's authority, and who were nut even
fubjeets of the Crown."
The LORD Cm mica tun then left theWoolfack, and
Rated diltinftly the various proceedings which had
taken place in the Court below, as alto the grounds
upon which principally each party relied his claim.
He then afked their Lordlhips if the Court of Chan-
cery was not right une!er loch eireumflance, in grant-
ing an injunction /He had paid the greeted at.
tention to the cafe, and could form no other judgment.
At prefent he did not think it neceffary to Rate his
reafons, hitt if any Noble Lord diffented from the
opinion which he had given, he fhould then find it
incumbent an him to Rate his reafons to the Houle.

Lord ELLiI:IIOIt,,OCH obferved that when any
party hat' an interea in a tliii.g, he had a right
to bring his aaion nr Inc f.r an injunitims. The
parties here had evidently an interest the profit
which they made by the tale, and thervore they
were jullitied at law. He adduced I,:r7ral inflaticcs
of fimilar cafes of eaclutise right, lush as Common,
&cc. where an atlieit t. mstraainable at law, or the
party injured, may obtain an injurflinn to flay fur.
.her ptoseeding coal. A, to the Prett acts e c
t7rcivn, no man cculd &Ant that it ester.sed occr
all the Empire. The r;s:;:it r•fhis fubjeEts, howerci,
was diflinet ; a Sentienaa was perfectly a .tr to.
ger to Ent-land, at.,l t. e teals were ter!!! plop-7 !y
lic thoi.,4h, 'hat the C.l it! I
Putout V..ls exaniy tio.
been 'lnd:pined for a e.•if:,:etatue le, yth r f rim%
In his o;sioion the Kirtit,.'. P. inter in could
n.st pofill :v be entilLsl pioteoion at law bry.attl
Lis printi••g aid tale %so, .Eat pa t kinp!Jtn.

I:',l'd (..;::AN rLE Y WAS ..!;;II MIS f•• kr'. w it the f..:!!.
nii);Lt n.,t il,re.ftei be bt....01.1t ....o..C,,tirt of I. :
lard EtLisriottotic.n intormed the 'Noble 1.0:,t,
that even if it was, there colt! 1 be ••••• f ,cis tt, g, : . .t
Jury. I, rmot be clec,gled as r :,• :IA r.l law. Of .:..r.
he 1..1..1 ..licady given :Lis f 1 ',.! !I.

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