ed, by the help of four irregular firs that form a screen, a pleasant object from its windows; whereas the whole church would have been too much. The view extends up the vale to the South for miles; and the disvarious in tance is divided by hills finely intersected by inclosures. The vale, at about three or four miles to the North, is embellished with an extended view of the Borough of Barnstaple, from East to West, with its bridge of 17 arches, church, &c. and three gentlemen's seats on the sides of the cultivated range of hills above it. Mr. URBAN, Feb. 1. SEND you a view of TawstockHouse, Devonshire, the seat of Sir Bourchier Wrey, bart. (see Plate I.) The river Taw winds along a fertile valley South of Barnstaple, with cultivated hills on either side, shape and rich cloathing. We rode on the opposite bank to Sir Bourchier's seat, from whence it appeared to a proper advantage; the hills grow bolder as you approach his neigh bourhood, which gives it an importance. His house is a new white build. ing, somewhat Gothic, though it is too modern to come rightly under that title; and there is a grateful neatness in the style of it. Its situation is facing the East, nearly upon the top of pleasant rising lawns between two hills which seem proudly to swell and bespeak a consequence. The plan tations, which have been bestowed with a liberal hand by Sir B.'s father and ancestors in early days (and broken into such irregularities by Sir B. as to make you forget that Art had given assistance) thrive in a style of elegant luxuriance; and on the left, i. e. Southerly, seem gracefully bending towards the vale, on the top of which the house stands, and continue a sweep round the base of it, extend ing in serpentine directions for near a couple of miles, and enrich the coach-road on that side of the house, which is finely enlivened by the river; this is spacious and rapid, rolling as in meandering sweeps over, every here and there, a wier, which gives a solemn and grateful murmur. The right-hand hill is cloathed more towards the middle, sweeping over its summit irregularly to the main vale, the river winding around its bottom until it surrounds and hides so much of a large set of buildings, which is the residence of a Clergyman, that you only see a small portion, the garden wall of which is of a cast that resembles a fort that is nearly on its level. I have therefore put a few battlements to it in my drawingwhich is intended to be adopted. The wood still proceeds up the sloping valley which rises to the house, where there is a handsome parish church, with a good tower with four neat pinnacles; and so judiciously is the plantation contrived, that the tower only is to be seen, which, as it lies directly under the house, is render GENT. MAG. June, 1817. May 20. BSERVING myself publicly O called upon by one of your Correspondents (M. B. p. 328) to explain why a publication which was commenced in the year 1808 upon Paintings discovered at Stratfordupon-Avon in Warwickshire, has not yet been completed in the manner then proposed, I feel it to be a duty which I owe to the publick, to afford the required explanation. The work in question, Mr. Urban, was undertaken at a period when the practical interpretation of the Copy-right Act, of the Sth year of. Queen Anne, had, for exactly a century preceding, left authors and publishers at liberty to judge for them-selves, how far the protection held out in that Act was desirable to them at the price they were called on to pay for it, viz. eleven copies; and, according to the decision of their own judgments, it was optional with them, either to register their works under the provisions of this and a subsequent Act, and thus to sacrifice 11 copies; or to omit such registration, and leave their works open to piracy. Estimating, from the character of my work, its probable circulation at a very small number, and considering the laborious manner in which every copy was to be finished in colours; convinced also of the impossibility of any profitable piracy under these circumstances (and I conceive nothing but the hope of profit will induce piracy), I resolved on executing an impression of only 120 copies of the Paintings at a polyautographic press; by the eventual sale of which impression, chiefly amongst students in * Only Nine previous to the Act of 54 Geo. III. EDIT. Antiquity, Antiquity, I expected to obtain a very small remuneration for my labour. For the accomplishment of my design, I had obtained access to mate rials original and interesting, beyond the general run of topographical publications; and, in the confidence of success, I certainly did intimate a purpose of completing the work by the addition of copper-plates and copious letter-press, thereby intending a memoir of the ancient Fraternity or Guild of Holy Cross at Stratfordupon Avon, at whose cost these Paintings were executed, to be compiled from the authentic records of the Corporation. But, unfortunately, while the materials for the Fourth Part were in a state of considerable progress, a question was brought under legal discussion, arising out of an unconditional claim made by one of eleven privileged Bodies, to receive from the proprietors of all works, without purchase, and without exception, one copy of every literary performance even although it might not be deemed expedient by the Author to claim the protection of the Act of Queen Anne for the Copyright. Mr. Brougham's arguments against this claim in the Court of King's Bench appeared to me at the time, and have ever since appeared to me, just and convincing; those of the opposite party had this obvious defect, that they led to a result prejudicial to that Literature which the Act of Queen Anne, in its preamble, expressly professed to befriend. A decision, however, was obtained, favourable to the claim; on the legal validity of which there could be no question, whatever doubts might exist as to its accuracy. When, in consequence of this decision, it was deemed necessary by the Booksellers and Publishers to apply to Parliament for an alteration of the Law (then recently, after 100 years of uniform operation, explained to their prejudice, and to the prejudice of all possessors of literary property), I was one of, I believe, only two private persons, who, perceiving literary property to be very materially affected by the change, petitioned the Legislature against the Act. A copy of my Petition to Parliament I inclose, should you deem it worth preserving in your Magazine; from which it will appear that I only solicited the Legisla ture, by adopting a certain Clause, to leave me at liberty to publish my works without being subject to the heavy, tax, and to take upon myself the risk of having my copyright invaded. That this apparently reasonable request was not granted, is to me indeed a matter of regret as it respects iny own property, greatly depreciated by the change; but much more do I conceive it to be a matter of complaint to the British publick, as it respects the superior labours of other persons; for unquestionably England will suffer the loss of many valuable original scientific works, which might have been published in small impressions, had it not been for the operation of this Act of Queen Anne, under the decision of the Court of King's Bench; and of the further Act of the Session before the last, by which the ob noxious claims have been established. The Act of Anne, thus explained and applied, is oddly enough described to be an Act to encourage learned men to write useful books. Under these altered circumstances, I conceive myself justified in declining either to involve myself in the predicament of attempting to evade the Law, which is repugnant to my feelings-or of submitting to an unreasonable loss of property, which I have a right to avoid,—or, as a remaining alternative, to involve myself in legal disputes with powerful and wealthy Bodies, who, with ample funds, and a host of legal retainers, have, by an extraordinary plea of poverty, obtained the sanction of the Legislature to their claim. To the yet unpublished Plates of The Humble Petition of THOMAS FISHER That your Petitioner, in the year 1804, while travelling in the County of War wick, wick, made drawings of some specimens of the art of painting in England, which he deemed especially curious, as having been executed in an age, of which, according to the opinion of Lord Orford, an eminent writer upon the history of Painting, no specimens of the art existed. That your Petitioner soon after his return proposed to publish his aforesaid drawings, accompanied by letterpress descriptions and explanations. That for this purpose your Petitioner having with his best judgment estimated the probable number of purchasers at 120, and the claims of the Public Bodies at that time lying dormant, did execute 120 copies of each painting at the polyautographic press of M. Volweiler, not reserving to himself (as it is universally known he could not in that mode of printing) the means of adding one to his previously determined number of 120; and that he cannot now increase his number, without, at an enormous expense, engraving upon copper all the paintings. That your Petitioner, with a view to greater accuracy, has with incredible labour coloured up nearly the whole impression of the abovementioned polyautographic prints of paintings with his own hands, That your Petitioner has added to the abovementioned paintings various historical evidences in fac simile, engraved upon copper; and that his work, containing 60 plates, is nearly completed, excepting only the letter-press. That your Petitioner's impression of 120 copies has been for the greater part disposed of, as it was published in parts, to subscribers; and that of the large paper copies, all but three have been so disposed of. That compliance with the claims of the Public Bodies, under the Act of the 8th year of Queen Anne, is therefore evidently, with respect to the above work, become impracticable. That, were it otherwise, your Petitioner conceives the value of the eleven large paper copies required would be to him not less than one hundred and thirty-six guineas, being one seventh part of his whole property and labour employed therein; and that this sum would exceed the amount of any profits he might hope to obtain as a final compensation for his labours. most Your Petitioner furthermore humbly sheweth, that he has employed his time, together with his private and personal pecuniary resources, during twenty years last past, in travelling into different parts of Britain, for the purpose of making drawings of the inedited architectural or genealogical antiquities of this country. That your Petitioner's drawings do, as nearly as he can estimate them, amount to upwards of 5000. That your Petitioner has formed the design of publishing these drawings also, and has nearly executed the first part, namely, those relating to the County of Bedford, under the title of "Collections for the County of Bedford," comprehending 64 plates, with descriptive letter-press. That your Petitioner is convinced, both from his own observation and the judgment of persons conversant with such works, that the letter-press descriptions are a necessary constituent part of all such works. That your Petitioner having also ascertained, to his own entire conviction, that the demand for such works, even when accompanied by letter-press, is extremely limited, and in a great degree local, has printed only 100 copies of his Collections for Bedford, of which he has sold half, and is yet many pounds in advance upon this adventure. Your Petitioner therefore estimates that the whole of the unsold moiety will be worth to him four guineas and a half for each copy; and that the total value to him of the eleven copies, which in the event of his completing his work by the addition of letter-press he will be required to give away, will be one ninth part of the property adventured by him, or 511. 19s. 6d. That your Petitioner conceiving it to be a duty which he owes to himself, to deprecate by all just means such loss and injury to his private property as the forfeiture of one seventh or one ninth part (not of profits, for none yet exist) but of a capital advanced by him with a view to the promotion of Science; and considering the impossibility of recalling and giving away to the claimants under the Statute of the 8th of Queen Anne, those large-paper copies which he has already sold to subscribers, feels that in the event of the pretensions of the Public Bodies (unhappily for Science) obtaining an unconditional confirmation, he can have no alternative but, in both cases, to suppress his letter-press, not yet published, but which he has prepared with equal labour and research; and thus, to leave both his works unfinished, and to desist from all further attempts to give his valuable and extensive collection of original drawings to the world. Your Petitioner can moreover state from his own personal knowledge, that one of the Libraries (the Bodleian) claiming a copy under the abovemen tioned Act is not open for use to the publick at large, nor even to persons who are known or represented to be engaged in literary enquiries; your Petitioner having, upon application to that Library for permission to copy a few pages from a rare printed volume, accompanied and introduced as he was by the Registrar of the University, been informed that the privilege of copying was exclusively reserved to those Members of the University who were gradu ated Masters of Arts. Your Petitioner, therefore, humbly prays your Honourable House, that you will (taking the premises into consideration) adopt the Clause marked B. as part of the pending Bill, whereby your Petitioner, and such other persons as are in situations similar to his, may have the opportunity of renouncing that statutary protection for copyright, which, under a conviction of its past inefficiency, he is well persuaded is inapplicable to such original publications as his, and which therefore he should at all times feel disposed to decline. I Mr. URBAN, Awliscombe, May 8. SEND you a copy of the monumental inscriptions, &c. at Awliscombe in Devonshire, that they may be preserved, when the stones, like the persons they commemorate, are to be seen no more. Z. X. On the chancel floor, 1. Here lieth .... of John Ha.... of Artes, late vicar of this parish, and Elizabeth his wife, which John_dped the 16th daye of December, Anno Dom. 1637; and the said Elizabeth dyed the 9th day of Januarp following. 2. Here lyes ye body of Mary, ye wife of John Smith, of Honiton, gent. (daur of ye Revd Mr. George Passemer and Susanna his wife); who dyed ye 5th of March 1741, aged 52. Also of John Smith their son, who was buried ye 6th of Feby, 1729, aged 8 mons. Also of Willin their son, buried ye 24th of Septr 1730, aged 6 weeks. Also of Mary their datr, buried ye 18th of Jany 1733, aged 2 years. Also of Susanna their datTM, buried ye 10th of March, 1735, aged 10 yrs. 3. Underneath this stone lie the remains of Mrs. Amelia Elphinstone, widow to the late John Elphinstone, esq. Captain of the British, and Admiral of the Russian fleet, and daughter of the late John Warburton, esq. Somerset Herald at Arms. She departed this life at Tracey House in this parish, the 16th Feb. 1786, aged 50, sincerely regretted by her numerous family, who cherish with reverence and respect the memory of her virtues. Also near this place lie the remains of her grandson, Henry' Hartwell, who died the 11th March, 1786, aged 8 months. On a marble slab against the chancel wall: 4, Hic jacent Georgius Passemer cler, olim vicarius hujus Ecclesiæ, qui sepelit. fuit primo die Maii, anno D'ni 1695. Etiam Georgius filius ejus qui sepelit. fuit 24o die Augusti, anno D'ni 1695. Etiam Johannes frater ejus qui sepelit. fuit decimo die Aprilis, anno D'ni 1701. Etiam Susannah, vidua et relict. prædicti Georgii Passemer, cler. unica filia Alexandri Cheeke, Ar' Procuratoris Generalis Serenissimo Carolo Primo necnon Carolo Secundo, nuper regibus Angliæ, &c. infra Curiam suam Admiralitatis, quæ sepelit. fuit 28 die Mar. 17220. In the church, ou flat stones : 5. Here lie ye bodies of 'Elizabeth, ye wife of John Mallack, of Axmister, marchant, and Richard their sonne, which Elizabeth died ye 7th daye of Maye, an'o Dom' 1644; and ye said Richard died ye 19th daye of ye same month. 6. Here lieth the body of Anne, the daughter of William Pring, and of Joane his wife, who was buried the 2d day of February, 1704, ætatis sue the 6th. 7. William Pring, 1708. 8. Underneath this stone lieth the body of John Husey, who departed this life July the 25th, 1804, aged 74 years; and his family on his right for a century and half past. Good people, do not remove this stone. She was born at Edinburgh on the 10th day of August, 1813. * Sister of the present Sir JamesBland Burges, bart. LL. D. of Beauport, Sussex, and Knight Marshal of his Majesty's Household. |