that, in 1735 at all events, _The Whole Duty of Man_ was, or would have
been but for the statute, the property of one Mr. Eyre. He granted an
injunction, thus in effect deciding that the old Common Law had survived
the statute. Nor did the defendant appeal, but sat down under the
affront, and left _The Whole Duty of Man_ alone for the future.
Four years later there came into Lord Hardwicke's court 'silver-tongued
Murray,' afterwards Lord Mansfield, then Solicitor-General, and on
behalf of Mr. Jacob Tonson moved for an injunction to restrain the
publication of an edition of _Paradise Lost_. Tonson's case was, that
_Paradise Lost_ belonged to him, just as the celebrated ewer by
Benvenuto Cellini once belonged to the late Mr. Beresford Hope. He
proved his title by divers mesne assignments and other acts in the law,
from Mrs. Milton--the poet's third wife, who exhibited such skill in the
art of widowhood, surviving her husband as she did for fifty-three
years. Lord Hardwicke granted the injunction. It looked well for the
Common Law. Thomson's _Seasons_ next took up the wondrous tale. This
delightful author, now perhaps better remembered by his charming habit
of eating peaches off the wall with both hands in his pockets, than by
his great work, had sold the book to Andrew Millar, the bookseller whom
Johnson respected because, said he, 'he has raised the price of
literature.' If so, it must have been but low before, for he only gave
Thomson a hundred guineas for 'Summer,' 'Autumn,' and 'Winter,' and some
other pieces. The 'Spring' he bought separately, along with the
ill-fated tragedy, _Sophonisba_, for one hundred and thirty-seven pounds
ten shillings. A knave called Robert Taylor pirated Millar's Thomson's
_Seasons_; and on the morrow of All Souls in Michaelmas, in the seventh
year of King George the Third, Andrew Millar brought his plea of
trespass on the case against Robert Taylor, and gave pledges of
prosecution, to wit, John Doe and Richard Roe. The case was recognised
to be of great importance, and was argued at becoming length in the
King's Bench. Lord Mansfield and Justices Willes and Aston upheld the
Common Law. It was, they declared, unaffected by the statute. Mr.
Justice Yates dissented, and in the course of a judgment occupying
nearly three hours, gave some of his reasons. It was the first time the
court had ever finally differed since Mansfield presided over it. Men
felt the matter could not rest there. Nor did it. Millar died, and went
to his own place. His executors put up Thomson's _Poems_ for sale by
public auction, and one Beckett bought them for five hundred and five
pounds. When we remember that Millar only gave two hundred and forty-two
pounds ten shillings for them in 1729, and had therefore enjoyed more
than forty years' exclusive monopoly, we realise not only that Millar
had made a good thing out of his brother Scot, but what great interests
were at stake. Thomson's _Seasons_, erst Millar's, now became Beckett's;
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account