442 



NOTES AND QUERIES. 



[2ndS. N«49., Dec. 6. '56. 



•which I am free as any one whatever of our profession. 

 Indeed, the scandalous paper above-mentioned has 

 charged me with promoting obscenity by printing the 

 Trials for Impotency, &c., but how unjustly, my Lord. 

 The Trial of the ISIarquis de Gessvres was publicly printed 

 at Paris ; the Trial of the Duke of Norfolk, authorised 

 by the honorable House of Peers ; the Trial of the Earl 

 of Essex was drawn up by Archbishop Abbott, and 

 printed from his manuscript ; the Trials of Fielding, Mrs. 

 Dormer, &c., all authorised by our judicial courts. If, 

 therefore, my Lord, I have erred in these instances, the 

 persons concerned in publishing the late Collections of 

 Trials in folio, wherein all those for sodomj', rapes, &c., 

 are inserted, are much more blameable ; and I hope the 

 enclosed Catalogue will in some measure convince your 

 Lordship, that I have been as ready, and shall always be, 

 to promote any work of religion or learning, as any other 

 person whatever of our profession. 



" Far be it from me, my Lord, to despise your advice. 

 No, my Lord, I hold myself obliged, and heartilj' thank 

 you for it ; and as your Lordship allows property to be a 

 valuable thing, I rest assured, that your Lordship will 

 not deprive, but rather protect my property to these two 

 translations which I have legally purchased, but resolved 

 not to reprint without your Lordship's approbation. 



" To conclude, I hope your Lordship will either be 

 pleased to permit me to wait upon you, or to favour me 

 with your final answer to these matters. I am, my Lord, 

 your "Lordship's most obedient and dutiful servant, 



" E. CURLL. 



" P. S. — I am fullj' convinced that the encomium in 

 the Preface of Pliny was designed for King Charles 11., 

 and not King James II., as has been maliciously sug- 

 gested." 



We have not discovered any edition with Curll's 

 name as the publisher, so that it appears probable 

 that the bishop's refusal to sanction the intended 

 reprint, and his allusion to " property and privi- 

 lege'''' were not lost upon Curll, who, as we shall 

 gee presently, could not be blind to the danger of 

 infringing on the privileges of the Peers. In 1735, 

 seven years after Kennett's death, the lifth edition 

 of the Morice Encomium was published by J. Wel- 

 ford, "Adorned with forty-eight copper-plates, 

 including the effigies of Erasmus and Sir Thomas 

 More, all neatly engraved from the designs of the 

 celebrated Hans Holbeine." 



In 1721-2 we find poor Curll again misled by 

 his restless desire to publish — 



" The speeches, verses, and last AVills of Peers," 



a second time under the displeasure of the House 

 of Lords, having now got into trouble by his pub- 

 lication of the Duke of Buckingham's Works. 

 In the Journals of Jan. 22, 1721, we find the fol- 

 lowing entry : 



"E. Curll to attend about publishing D. of Bucks Works, Sfc. 



" Complaint being made to the House of so much of an 

 Advertisement inserted in the Newspaper intituled The 

 Daily Journal, Jan? 22, 1721-2, as gives Notice, ' That the 

 Works of the late Right Honourable John Sheffield Duke 

 of Buckinghamshire, in Prose and Verse, with his Life 

 (compleated from a Plan drawn up by his Grace) by Mr. 

 Theobald, and a True Copy of his last Will and Testa- 

 ment, will speedily be published, by E, Curll, over against 

 Catherine Street in The Strand,^ 



" It is Ordered, That the said E. Curll do attend this 

 House To-morrow." 



Then on the following day, Tuesday, Jan. 23, 

 we read : — 



" The House being informed, That E. Curll attended, 

 (according to Order) — 



" He was called in, — 



"And so much of an Advertisement inserted in the 

 Newspaper intituled The Daily Journal, Jany 22, 1721-2, 

 as gave notice, ' That the Works of the late Right Ho- 

 nourable John Sheffield Duke o{ Buckinghamshire, in Prose 

 and Verse, with his Life (compleated from a Plan drawn 

 up by his Grace) by Mr. Theobald, and a True Copy of 

 his last Will and Testament, will speedily be published ' 

 by the said Curll, being showed him, he owned ' That he 

 caused the same to be printed ; that he had not the con- 

 sent of the Executors or Trustees of the said late Duke 

 for publishing his said Life, Works, or Will.' 



" And being further examined in relation to the print- 

 ing the said Advertisement, he was directed to withdraw. 



" And being accordingly withdrawn, It was resolved 

 and Declared by the Lords Spiritual and Temporal in 

 Parliament assembled. That if, after the Death of any 

 Lord of this House, any Person presume to publish and 

 print his Works, Life,' or last Will, without consent of 

 his Heirs, Executors, Administrators, or Trustees, the 

 same is a Breach of the Privilege of this House. 



" And it being moved, ' That the same may be entered 

 upon the Roll of Standing Orders of this House,' 



" It was Ordered, That on Friday next this House will 

 take the said Motion into Consideration ; and the Lords to 

 be summoned." 



On the Thursday the Motion was ordered to be 

 postponed from the following day until the fol- 

 lowing Wednesday (Jan. 31), when we find the 

 following entry on the Journals : 



" The House (according to Order) proceeded to take 

 into Consideration the Motion made the Twentj'-third 

 Instant, for entering upon the Roll of Standing Orders, 

 the Resolution and Declaration then made, against pub- 

 lishing in Print the Works, Life, or last Will, of any 

 Lord of this House. 



" And the same being read by the Clerk, was, with 

 some Addition, agreed to by the House as follows : 



" 'Notice being taken. That the Works, Lives, and last 

 Wills of divers Lords of this House, had been frequently 

 printed imperfectly, and published after their Deaths, 

 without the Direction or Consent of the Heirs, Executors, 

 Administrators, or Trustees of such Lords : It is therefore 

 Resolved and Declared by the Lords Spiritual and Tem- 

 poral, in Parliament assembled, That if, after the Death 

 of any Lord of this House, any Person presume to publish 

 in Print, his Works, or any Part of them, not published 

 in his Life time, or his Life or last Will, without the Con- 

 sent of his Heirs, Executors, Administrators, or Trustees, 

 the same is a Breach of the Privilege of this House.' 



" Ordered, That said Resolution and Declaration be 

 entered on the Roll of the Standing Orders of this House, 

 and printed and published, and affixed on the Doors of 

 this House, to the End all Persons that may be therein 

 concerned may the better take Notice of the same." 



This Order was vacated on the 28th July, 1845, 

 on the motion of Lord Campbell, who, in the 

 course of • very interesting speech, designated the 

 subject of these Notes as " the infamous, the 

 dauntless, the shameless Edmund Curll." Perhaps 

 the' learned Lord Chief Justice, should these 



