WHereas Mr. Bee hath lately printed and published a Paper, entituled, The Case of Cornelius Bee, &c. wherein he pre­tends, That Mr. Poole hath invaded his right and propriety in the Criticks, contrary to the Act of Parliament, which prohibits the re­printing of all Books either in part or in whole, without the consent of him who makes a due entry of the same; and also contrary to the Kings Priviledge, which provideth, That no man should print the said Criticks, neither the whole, nor any part thereof; and therefore, that Mr. Poole may neither epitomize the said Criticks, nor take any thing out of them without manifest injustice; and that the said Mr. Poole by his Work doth both spoyl the sale of the Criticks that are left, and hinder the said Mr. Bee in his design of re-printing the Criticks, which, he saith, he purpo­seth to do in far better manner than he did before; and this is the sub­stance of Mr. Bee's plea, which he aggravates, by the consideration of his great Charge in printing the Books, and his great losse sustained by the late Fire.

In answer thereunto, it is submitted on Mr. Pooles part:

• 1. That Mr. Poole did before the publishing of his design understand this pretence of Mr. Bee, and thereupon did addresse himself to persons of greatest eminency for integrity and skill in the Law, (which is the great discerner of mens proprieties) and fully acquainted them with his design, and also with all that right which Mr. Bee now pretends, as well from the Act of Parliament, as from the Kings Priviledge; and from their concurring judgements received satisfaction, that notwithstanding Mr. Bee's pretence, Mr. Poole might without fear of any lawfull disturbance go on in his Work.
• 2. That Mr. Poole did at two several meetings before divers worthy persons, make offer to the said Mr. Bee, to referre the whole businesse, not only for Common Law but also for Equity and Conscience, to two Lawyers, and to two Divines, to be indifferently chosen by them, which [Page 2] Mr. Bee utterly refused. And the said Mr. Poole did then further offer to Mr. Bee (upon condition they had been then accepted) such conside­rable terms of accommodation, as were judged by all that were present (even by those that were chosen by Mr. Bee) to be such as would have been much to Mr Bee's advantage, and more than the said Mr. Poole was any way obliged unto.
• 3. How unrighteous a thing it is for Mr. Bee to charge Mr. Poole with that which himself is guilty of: For in that late Edition of the Criticks, he brought down the price of divers Books from 50, or 60 l. to 13 l. 10 s. as he himself professeth, whereby diverse Scholars were forced to sell those Books with great losse, at far lower prices than they cost them; and the re-printing of the Criticks in far better form, will be a manifest injury to hundreds of Scholars that bought the present Criticks at a dear rate, which by this means will be little better than waste-paper; And if these losses and injuries be expiated by the serviceablenesse of Mr. Bee's design to the Publike good, Why may not Mr. Poole have the Benefit of the same Plea?
• 4. It is so unreasonable a conceit which Mr. Bee expresly affirms, that It is injustice to take any thing out of the Criticks, that it deserves no Answer. Nothing is more familiar than for one Author to take con­siderable parcels out of others and print them in his own Book; and Mr. Royston himself one of Mr. Bee's Partners, notwithstanding the Kings Priviledge and Patent granted to others for the sole right of printing of the Bible, did print all the New Testament with Dr. Ham­mond's Notes to it: Nay the making and printing of Epitomies of larger Books by other persons is warranted not only by the judgement of Lawyers, but by the usual practice of Booksellers among them­selves. Who ever accused Marlorat of injustice for making an Epitomy of Calvin, Bullinger, and Musculus, &c. upon the New Testament, though he hath nothing else both for Words and Matter but what is taken out of those very Authors? Who ever questioned Mr. Mason or his Printer for Epitomizing the Book of Martyrs? or Mr. Wase for Epitomizing former Dictionaries both Latine and English, or any of the Epitomizers of the Books of Common and Statute Law? And no longer ago then this last Term, this very Case was determined according­ly by the Lord Keeper.
• 5. That Mr. Poole doth not pretend to Epitomize the whole Criticks; there are many material things in those Books not belonging to the Exposition of Scripture, and Critical Curiosities, which such as are able will be willing to purchase. And for so much of the Work as Mr. Poole [Page 3] hath done, there is not above a Fourth or Fifth part taken out of those Authors which are in the Criticks: And even those very passages in Mr. Poole's Work which occurr in those Critical Authors, are for a very great part, common to them with other Authors which Mr. Poole makes use of.
• 6. As for the re-printing of the Criticks, which Mr. Bee pretends to be hindred by this Work, and that the sale of those Books will be ob­structed; It is true, there can be no Work undertaken for publick good, but it may accidentally turn to some mens disadvantage: But for this it is further offered;
  • 1. That this is no loss of any present or certain benefit to Mr. Bee, and that this Work he pretends is a work of long time, great charge, and much uncertainty, both in the accomplishment and advantage of it; so that several of Mr. Bee's Partners declare they will not joyn with him in it; and it is generally believed by Scholars and Booksellers that it is not likely to be Printed.
  • 2. It is most evident and known to Scholars, that many of those that are able to buy and read large Volumes will not be satisfied with any Epitomies, but will have recourse to the Authors. But whereas there are at least an hundred Scholars to one whose time and purses cannot possibly reach to large Authors; it is good reason they should be provided for; and if Mr. Bee can be content that all such should re­main destitute of any necessary or usefull helps for a solid Understanding of the Bible, meerly out of a conceit of an Imaginary profit which may possibly accrue to himself, let him not be angry if others be of another opinion.

This being the true state of the Case, and Mr. Bee having refused all amicable offers of accommodation, and still endeavouring to disturb and hinder the Work, it is Mr. Poole's intention, vigorously and thearfully to proceed in his Work; not doubting but God will be pleased to prosper his endeavours, and that he shall have the assistance and encouragement of all lovers of Learning and Piety.

THat Mr. Poole may not be thought partial in his own cause, here are subjoyned the opinions of two Gentlemen of known eminency in the Law; to which (if need be) many others will declare their assent, having signified to divers persons, that they are of the same opinion.