Star.
London, England, 1804-04-13 00:00:00

Mr. Partoa.—Clearly fo, my Lords, merely
iitplanatory. But he was liming in the regular or-
der of proceeding it, the nature of the King's
prerogative ; idly, the worth of the different grants ;
and adly, an initance of prohibition. He would now
date to their Lordlhips that he had ejamined tot- I
notely into all the patents to print in England, and '
he could not find the right to fell excluctvely men•
timed any where. He had compared them with the
patent to the King's printer in Scodand, and found
that they were all equally Went on that head. The
realms was obvious, that the King would net give
away his tight to appoint what printers he might
think fit, and that they lhould all bare an equal
right to fell. There wAs not either so be found in
my of thefe patents A power vetted in the grantees to,
fell or give away their right to others ; ai if that was -
~nee admitted. perfons autborifed and paid by the
King to print by his authority might, for the fake of
lucre, vet the power in improper perfons, who would
?fiat fuch things as would mislead his Nlajefly's fob.
yeas in their moll important civil and reiigious con •
earns. From all this it was evident that the eselullve
right was veiled in the King, and the King only ;
that he might appoint a King's printer to print in the
fir! inaance ; that he might then appoint the Univer-
fity of Oxford or of Cambridge to print ; and that be
might afterwards, as my Lord Mansfield had laid,
appoint to,ooe other printers. or the whole Company
of Stationers to eacerite that work for him.
The LORD CHANCELLOR oblervcd, that the
right of the King was univerfally admitted. He
willed the Learned Counfel to Hate famething fur.
Cher as to the fitas of the cafe. •
Mr. Pcossa laid. that their Lnrdlhips would ind
that the great (cal of Scotland was affixed to the pa.
tent of the King's printer for that part of the king-
dons Lathe lame manner as that O. England was sn-
ood to the grant here. The duties of the grantees
were the Got, User were each (worn into their office,
and hid ends a attain falary paid them by the King
for printing the Came detcription of books. He would
rice confider what was the poser veiled in each pa-
tentee. as to the right to fell, to prohibit others. or
to claim an irjoadtion. The right of no one perfon
ellifhed with that of another. Tfte Univerfity. might
pant, the King's printer in En land might print,
and the King's printer in Scotland or in Ireland had
all as espial right to print. The oily quettion then
arofe as to the right to fell ; and he thought it mug
appear loan the face of the thing. that if each had an
equal right to print, they mull be equally entitled to'
the right arrelling. or it would be of no avail that the
Itio bad granted them inch a patent. It was in.
ea the plaintiffs to prove. if they had a
to preclude the lines printer is Scotland Cir relist to any other perfon who reided in ano-
ther part of the King's dosioions, and whether, if it
be lawful to plat a wart, it hall not alto be lawful
to fell it any where in faft. The work, for the pabli. ,
cation of which he contended. was not a work mif.
chigoes in its nature, hub a work which it was ire
cellar/ that every one of his hisiefty'a fubjeas should
be (applied wish. , The propolluan was broad and
plain, that if a perfon obtained the grant or printing
by virtue of the King's prerogative, that the right of
felling
.attached to that article the moment that it
was printed. The King could not preclude the pa-
onto from the right of felling. It was not in the
suture of things ; he could not prevent himself from
!Aim by his agent whom he had Oily atahorifed.l
The Rerpondents in this Cafe, however, feemed to
contend in his opinion on too narrow a kale ; they
(peke alit merely as a matter of trade or profit, and
adverted to the original expense of tranllatieg. The
.King's right. in bat opinion. was as a eontroul over
inaccuracies that he might fee that fit walks were
coined, created or ifued tar the guidance of his rub.
Jetts in matters of the fira importance. Mr. Yoaxt,
Counfel for the Univerfity of Cambridge, on a for.
saer taccafion, had very ptopetly obferved that the
King had no prerogative ever the Britith peek, or
over the Art of printing, though the prerogative of
taclufive power to print or order to be printed all
Alts of Parliament, Bibles, Ike. was anciently vetted
in him. be being the Fitt Ecclefiattical and Civil
Magimrate. But this cafe being made nut and fully
admiteed, bore no analogy to the cafe, where a Copy-
right was vetted in an author. The King was not
the author or fabricator of die Bible ; but, as the Chief
flagiftrate and Guardian over the morals of his people,
he hod the exclufive fuperintendance or authority over
ccetair, wrsrkswhich were calculated for their infirultion.
It would be a monfirous doarine, if in this Commer-
cial Country it war once admitted that the King had
a right to conttoul competition in trade, merely in
point of profit to one perfon in preference to another,
when the article to be fold was equally good, and
where it was not any matter of invention or grains
belonging to a particular perfon. except Co far as re-
gards the prerirtive veiled in him by the Conditu.
Lion, of au:hording fuch minor AS be thought fit to
print the works in queftion. All that was dtfireti by
his clients in this cafe was, that having an equal au-
'amity from the Sovereign to print, they (hi old have
an equal right to fell in common with the (ther par.
tiro who were allit atithorifed for that purpofe; they
only defired that they might be enabled to derive
equal power from the grant of the King, and receive
equal juftice in she cafe. It had been argued, that if
they were enabled now to fell cheaper from local
eircumftances, when they would have gotten com-
plete pollitlion of the market, they would he likely to
rdife the article as high in price as the other parties
tilt Curdy that could not be admitted as a fair argu-
ment. when his admated the rught of competi-
tion in (ale to he between 3 or 4dlEerent rar:its. Could
thc:r Lortf:Lips Ittopor.:.thAt if rhofe learned , inters r.f
either 171,iy..r5rs Ir. 1 .he sole wohoriry to print with.
ent any compel won. they would b. hid,' to he morn
modetate in their clIa• yr to the public ? to **as thy
wifo M hi< Chem, to . ppm: in-mop-iv, And 'r. dt tend
the tight r 1 compt-ti'.4l betY:cco yr I fon. who uric
equally horited r• t;tl a certaM **cm k. Th• Plain
tiffs below h'ad re1"..,.1 a goof! deal on f I cafe (.1.0 wa.,
on his tTit,...ln. a gi. Y. 6.0 tel Jg.tirti the. parent, o her,:
:t waa known iht• .4, rt.toy Bibk, eta
printed in I lollaro!. ityted to be t-ld
:rs the work of 311 %tit r ;••.r.!•:1, whole 1-;:ndua

WAb f i infalnt that
••vmp.oolls

f.ir

h,.rn r

Kt. leilin.; in qr.: • L. I

tins!, the further hearing of the cafe was papooed
till Thurrday neat. •
The Marquis at St tGO mooed for an account of the 1111111;e5
end number. of ttre aircrew Regiments of Ira Militia olltring to
ten a in Great Britain.

Lord EI.L'ENBORO7C43 mewed, that the Order of the Day
for geteg Into a Cbettnatee en the Miens' Orders Bill Owed be
difcharged, and that the Cum e'oe taken into eon Gderatiett to-morrow•

-orarrct

The Earl of SUFFOLK Paid, that he came-down prepared to
fubnnt a motion of the highell importance to their Lorahips on
this day. relathig to the War aEttrally preval:lng in India, at the
date of the lxll accounts from chat country. However, If it could
prove any accommodation to Ml:lifters, he had no objeellon, al-
though be was ready to go into it now, to deter his mot:un until
to-1110170w. - _

`Lord HAWIFISBURS °braved, that it was not a ufual prac-
dee to Make mallow upon rubjeffis of importance, without giving
fome fort of nod.* Their Lordasips had a Bill of great conk-
quence before them, which had already occupied a eonfiderable
portion of their time, and he thought it w. Add be the more judi-
cious proceeding to go forward with that Dill. If the direution of
the Noble Earl's intended motion was expedient at prefent, be
thought that tome reafonable notice &fluid he given.
• The Earl of SUFFOLK hated, that, in his opinion, it was
highly neceffary that the fuhiedt Mould he brought before Portia.
meta as loon as pofftble. We were now engarNd in three wars in
India. with the progrefa, mesas, or grounds of which Mlnifters
acknowledged they are not officially apprized at this day. Surely.
Lid the Noble Earl, when we have been for twelve months in•
volved in holtil ty in that part of the world, apparently Its oppoh-
tion to a Legiflative refolution, it was high time to inßitute an
enquiry into the (-tuft.% of that war.
Lord HOBART, with great deference, fuhrnitted to the Noble
Earl, that it would be proper to pottponc the corffideration of the
fulled until tome day in the neat week. No official accounts had
been as yet received from that country, and he put it to the tan-
door of the Noble Earl, whether it would he right to make any
motion on the fubjeel until they had.
... The Earl of SUFFOLK replied, that his maim for attains to
tiring the fubjedt before their Lordlhipa to•mnrroer was, that he
was under the necetity of leaving town on Saturday. and that the
period of his return was uncertain. It was, ootwit►(landing, his
wiQe to afford all rearenable aewm.moda•ioe to Moiler% and,
therefore, he would content to defer his motion until his return,
when he certainly would bring it forward, whether the expelled
Edictal difpatches fhe obi be received ~r not.
Their Lordihips then received thenifelva into a Committee on the

votxtergsa SILL.

When the StR clank was read, had SPENCER propofed, as
an amendment, that the words, " dr Receiver General of the
C.unty," mould be fuhltituted in pace of the words * Secretary
W4r, or his Deputy." His LordOsip fupported the neeeNty
the amendment, from the incoavenknce that COMMZINICTI et
Corps would esperien-e to drawing peg aid fubaßence for the
individuals under their command from the Secretary It War,
when fuck Corps were plated on permanent duel. The Hoak di-
vided cm the amendment, which was rti to; Nett-
Conteou a9—Majority 9. •
. . . _

Lord OFiENVILLE Propelled tome smeetimot. to the s7th
rd4,l chute, the purport of whit* was, lite wy he au& to
the Clerks of the different fub•divifitotalierf ' Counties.
On the fuggcftion of the LORD C
~ that the
adoption of fueh awsendmanswould tend to • all tin inebn •
vcnicncies ufuaily man from originating ruiner desks by their
Lordltirs, the Noble Lard withdrew them.
. .

After the remelt. ins chafes. except the mutat, tad bow 1100 e
through, the reeonfuleration of the adjourned loofa was re-
turned, when, after a loop diknillon, toms antendrownts were
adopted, and ethers deferred end] the Report Itteekt be taken kfte)
eernidantion.—Tlsc BW was then gate through, and the Report,
with the inlaldleCnti, ordered to be made to-marrow.
Adjourned at half putt ten till to-morrow.