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(2) The Decree: Sandys v. Stansby
  
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(2) The Decree: Sandys v. Stansby

The complete or second edition of George Sandys' Ovid's Metamorphosis was published in 1632 with elaborate commentaries on the text. Sandys, who was never wealthy, had borne the costs of publication himself. When in 1635 he found that one of the two booksellers who were handling the sale of the copies would or could not return him the amount expected from his investment, he was more than perturbed. He turned to the law for redress. Because of the peculiar conditions of the agreement, he felt that a "court of common law" would do nothing for him. Therefore he entered suit in His Majesty's Court of Exchequer.

Sandys entered his plea against the established and reputable printer William Stansby in Hilary Term, 10 Charles I. His Bill, which covers the conditions of the agreement and outlines Sandys' complaint, the Answer, and the Depositions of a group of Oxford printers testifying in Sandys' favor were all published in an article in The Library in 1948.[11] These earlier documents supply interesting names and details of procedure and distribution in book printing and selling in the earlier seventeenth century. But they do not settle the suit, for the depositions of Stansby's witnesses were not to be found, nor the Decree or Order. Professor Fredson Bowers gave at the end of the article a detailed analysis of the situation as it stood in the light of the documents available.

Since 1948 the present writer, in further investigations in the Public Record Office, has come upon the Order in the case, though the Stansby witnesses' depositions remain unlocated after extensive search. This Order reviews the suit, and for the sake of clarity should perhaps be printed entire. It seems unnecessary to repeat most of the details and explanations already in print in The Library.

As we noted in the earlier article, Stansby's figures as to the number of copies he received from the printer were obviously in error. The Court bore the plaintiff out in deciding that the plaintiff's own figures were correct. We should like to know what the auditor, Mr. Pevey, decided about the exact amount to be paid to Sandys. And Stansby's specific charges for the printing and engraving of the first and last sheets are still not given, though of course almost surely he had to present the itemized account to the auditor.

So far my own investigation and a later one by a professional researcher have not uncovered these figures or decisions—if they exist. Perhaps the auditor's report did not have to be formally entered. At all events, our earlier feeling that the poet was entirely justified in appealing to the law for justice is here confirmed. It took a long time to get legal justice. Whether Sandys ever actually


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received financial remuneration we should like to know. Stansby was dead by 1638 or 1639.

Exchequer, decrees and orders E 125/20
Adhuc Termino Pasche Anno 12mo Regis Caroli
Monday 9 May1/
[1636]

London [fol. 136d.] Whereas George Sandys Esquier in Hillarie Tearme in the tenth yeare of His Majesties raigne exhibitat his English bill into this Court against William Stansby defendant thereby shewinge that he the said plaintiff havinge translated out of Latin into English Verse the booke called Ovids Metamorphosis his Majestie was pleased to graunt to the said plaintiff the sole printinge thereof where upon the said plaintiff printed manie coppies at Oxford of the said translation And that the defendant beinge a Printer and Stationer and printinge the first and last sheets of the said books did undertake to vend for the said plaintiff the said coppies and to allowe to him after the rate of XII li for everie quarter of a hundred of and for all such printed coppies as the said plaintiff should deliver or send to the said defendant or should come to the said defendants hands and to be accomptable for the same to the plaintiff from tyme to tyme upon demaund accordinge to which Agreement in Anno Domini 1632 and 1633 fower drye fatts conteyninge eight hundred [fol 137r] and twentie coppies of the said printed books in quires were at severall tymes sent to the said defendant whereof fiftie were of the best sort of paper and that the defendant disposed of sixe hundred nyntie and fower of the said printed coppies and that the residue beinge one hundred twentie and sixe coppies remayned to bee accompted for And that upon the defendants owne last Accompt made it did appeare that xvij li vij s. ij d. remayned unpaid for books then formerly delivered which xvij li vij s. lj d. and the said hundred twentie sixe coppies remayninge did amount to fowerscore pounds seaven shillings and two pence or thereabouts with which the said plaintiff by his said bill chardged the said defendant and humblie desired that the said defendant might sett forth upon his oath how manie books came to his hands what was paid and what remayned and how manie of the said first and last Sheets lykewise remayned in his hands. To which bill the defendant by his Answere confesseth the receipt of the said fower Drie fatte of the said printed coppies affirminge that there were only seaven hundred and nine coppies and eight imperfect books in the same drie fatts and demaundeth allowance for howse roome carriage and recarriage bindinge of books and for the chardges of printinge of the said first and last Sheets of the said books and for his paines in tellinge of the books and for keepinge the accompt the somme of fortie pounds whereupon the said plaintiff replied and the cause beinge at yssue and witnesses examined on eyther parte and the cause this daie cominge to hearinge some of the proofes were read of the said plaintiff part and declared by Mr Lenthall of Counsell with the said plaintiff where upon and upon hearinge of the allegacions of Mr. Edwards and Mr. Proctor of Counsell with the said defendant for that it appeareth to this Court that the said fower dry fatts conteyninge eight hundred and twentie of the said printed coppies or books did come to the hands of the said defendant for which he remains accomptable agordinge to the first Agreement And that upon the Accompte betweene the said plaintiff and defendant the somme seaventeene pounds seaven shillings and two pence remained unpaid by the said defendant to the said plaintiff And that by the Answere of the said defendant it appeared that in the defendants hands there are remayninge one hundred three score and one of the said first and last sheets.

[fol 137d] It is this daie ordered by the Court that the defendant shall accompt


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unto the plaintiff for all the books received by him which this Court doth declare to bee eight hundred and twentie books and lykewise for the said first and last sheets soe remayninge in his hands and the said Accompt between the said plaintiff and defendant is referred to Mr Pevey one of the Auditors of this Court upon the proofes in Court of eyther part to bee cast upp and examined and to consider of the defendants allegacions And the said Auditor is required by this Court to certifie the true estate of the said Accompte to this Court and what allowance the said Stansby maie deserve for his paines for the utteringe and ventinge of them as the same now stands proved on both sides. And there upon this Court intendeth to give the plaintiff releafe accordingly.

Hillary proq. (plaintiff)
Wa. pro defendant