THE CASE Betwixt Mr. POOL, and Mr. CORNELIUS BEE; Considered and Decided.  
DEAR NEPHEW,  
I Can do no less than gratify your desires in imparting my opinion to you, touching the Difference betwixt Mr. Pool and Mr. Bee, having diligently perused and weighed the printed Papers on both sides; whereupon, I must needs tell you, I am undeceived in my thoughts, which were, That Mr. Pool undertook his Design with the full consent and good liking of Mr. Bee: But now I apprehend it very far otherwise, and that Mr. Pool hath engaged himself (and others) in his Undertaking, not only contrary to the mind of Mr. Bee, but to his own Promise to him, before Mr. Bee's going into Holland: And for the better securing of himself in his Proceed, hath advised with two learned Lawyers, to know whether he hath not as just a Title to and Property in Mr. Bee's goods, (viz. the Nine Volumes of the Critics printed for himself and others) as he himself hath. It is resolved by his Counsel, First, That the grant of the sole printing the Critics doth not prohibit the printing of a Synopsis made out of the Critics, etc. any more than the grant of the sole printing of the Bible doth prohibit the printing of a Sermon or Concordance. Secondly, the Opinion of Mr. Jones is, That Mr. Bee hath no injury done to him by Mr. Pool and by consequence, can have no remedy either in Law or Equity.  
I would humbly present this Reply to the Opinion of these Two Learned Gentlemen, (it being that which mainly animates Mr. Pool to his vigorous proceed in this Work) That the Act of Parliament, mentioned in the Papers (printed betwixt them) is intended to secure every man's propriety in that kind, from any open or surreptitious entrenchment upon it, (the Proprietor observing the requisite circumstances of the said Act as due Entry in the Register Book of the Company of Stationers at their Hall, etc.) So that there is nothing appears more evident than the Reason of that Act, (and the Reason of the Law is properly the Law) which is destroyed, if another man lay hands upon my just and proper goods, and so order and dispose of them at his pleasure, that my interest is not only prejudiced, (which the said Act hath provided against) but overthrown and extinguished. It's true, Mr. Pool pretends not to print Mr. Bee's Critics either the whole, or any one of the Nine Volumes; but he would have the World understand, That he will take care to collect (out of them) what ever belongs to the Explication of Scripture, etc. which is the intent of the Seven first Volumes of the Critics directly, of the Two last reductively: So that, if we may believe Mr. Pool, he will leave Mr. Be the bare sceleton only, and make use of the rest himself; which, how contrary it is to the manifest reason and intent of the mentioned Act, any ingenuous Arbitrator will easily judge. Mr. Pool cuts here and there a piece out of my gown, when be hath so done, he calls them his own, then bids me be quiet, and sends me word his Counsel tells him, He does me no injury, and I have no remedy in Law or Conscience. For my part, I cannot but apprehend Mr. Be to have as just a right and propriety in the Critics, as Mr. Pool hath to the jump upon his back, who doubtless would count himself as much wronged, by having it mangled to pieces, as to have it violently taken from him, though the Learnedest Lawyers in the Land should tell him he is not injured, and hath no remedy in Law or Equity. For the printing a Sermon or Concordance, neither of them prejudice the Grant of sole printing the Bible, it being no ways destructive to the Reason of that Act for Printing; nor doth that weaken, much less nullify the interest of him or them to whom the Grant is indulged: for again I must affirm that if the reason of the Law (every way essential to it) be abandoned, it is but called what it is not, as the man is called a man when his soul and body are parted: Had Mr. Pool printed twenty Sermons, and in them quoted Mr. Bee's Critics an hundred times, or instead of a Concordance extracted an Index or Indices, possibly Mr Bee might have been so far from thinking his interest violated, that he might have judged of it much otherwise. But in the absence of Mr. Bee, that Mr. Pool contrary to his promise (as if the word of a Priest were not sacred, and the breach of it execrable) to project a way to draw the plank from under him, which was principally, if not only, left him to get to shore after that Fatal Fire had consumed the bottom (Zion college) wherein he had embarked so great a Treasure of Learned Authors, and among the rest, the far greater part of that costly Edition of the Critics, is a thing, wherein no Counsel does, or can excuse him. I cannot imagine what claim Mr. Pool presumes to Mr. Bee's goods, unless it be for coming within the walls of Zion College; this I am assured of, were there no Law to enforce it, yet Conscience and Honesty would be, and do like itself.  
Besides the forementioned Act, considered in the true reason of it, Mr. Be thought himself (as he very well might) further, and more fully confirmed in an undoubted property in his own goods, by his Majesty's Royal and gracious privilege (a favour usually indulged by most Princes in Christendom to Merchants for books, with a severe penalty to any that shall presume to do any thing that shall violate their Mandates) prefixed to the first Volume of the Critics: The learned Lawyer may reply in a Case of a different nature, (yet the same in issue) and tell us, That the King's Declaration it not a pardon in point of Law, unless under the Broad Seal, yet God forbidden but it should bind in point of honour. His Majesty's gracious privilege vouchsafed to Mr. Bee, corresponding with an Act (the King's Law) gives him as just an interest in the Critics, and secures him from any damage, as much as any man can be secured in goods of that nature.  
This I have written to you (k●nd Nephew) to satisfy you as to this Velitations betwixt Mr. Pool and Mr. Bee; and further, I assure you, it was not long after that dismal fire in London, that Mr. Be desired my advice about raising his Critics out of their ashes by a second Edition, (this was long before Mr. Pool was heard of to have any such design in hand) and accordingly (having read over the nine Volumes of the Critics) I directed him about the conveniency of laying aside some or those Authors in the former Edition, and the inserting some not formerly taken in, as also the reducing and applying several of those excellent tracts in the Appendices, to their proper places, besides many other rare pieces, heard of, and found out since. This I signify to you, because Mr. Pool was so difficult to give credit to Mr. Be when he assured him of his resolution in that kind: And lately I hear Mr. Bee hath printed a Specimen of his intended purpose, but have not yet seen it.  
You desire to know my mind touching your Subscription for the Synopsis, (the Specimen whereof you sent me) I should be loath to encourage you to that, which I see so much reason not to do myself: Besides the apparent wrong which is done and accrues to Mr. Be by this undertaking, Let me tell you, I have bestowed a diligent perusal upon the printed Specimen sent abroad by Mr. Pool. In one of them, (for I have seen two several ones) I suppose the first, I discovered several mistakes; enough to allay my hopes in the following work, when that which was sent into three Kingdoms (if no further) to invite their hands to his assistance, was so grossly overseen. The next time the same sheet came abroad mended in some of its former errors, yet still it wants not some, and those considerable (which if you have not found, when I see you, which I hope shortly, I shall convince you of) far from that accurateness pretended, that I verily believe it will not make any Atheist cry, nor a jot divert him from his Lucianick laughter: Now Sir, if this Specimen that is sent abroad, which doubtless hath had thousands of eyes upon it, labours of such defects (to say no more) and so many as I have not found in half the nine Volumes of the Critics (to the honour of those learned and worthy persons, who had the oversight of that work, I speak it) what may we expect in the following sheets, which are not to come to our sight, till we have the first of his three promised Tomes?  
I assure you, I am so sensible of the damage done to Mr. Be by Mr. Pool in this business, (who would make the world believe he hath Law and Conscience of his side) that I cannot omit the acquainting of you with one passage I was a present witness of in Oxford, where Mr. Bee had contracted for a small number of Critics (before Mr. Pool had proclaimed h●s project to the world) and it was my hap to be in Oxford again, when Mr. Be had the said small number of Critics delivered to him upon his former contract; where I heard him, freely offer fifty pounds to be released of his bargain, Mr. Pools Specimen being abroad before the delivery of the books, which was not heard of before he contracted for them (such is the fortune of new things) so much damage Mr. Be sustained by Mr. Pools means, in a small number; though there is no question, but the ground and reason of the Act of Parliament, and his Majesty's Royal Privilege, are intended to protect him from any damages in that kind: If you duly consider it, you will easily understand, that as well the Printing of the Critics, as of any other books whatsoever (be the books never so useful and valuable,) if they be liable to the pleasure of every Epitomiser, as it is enough to discourage any noble Undertaking, so to undo the Undertaker.  
You perceive by the papers, that Mr. Bee hath showed his readiness to commend his design to the Reverend Convocation now sitting, and to submit his work to their advice and direction, either for Epitomizing his Critics, or the setting forth another Edition: Mr. Pool is a person that I know not, but they that do, and are very able to judge, deem him in several respects very unfitting for such an undertaking, and many (nay most) of the learned Clergy in this Country are of the same opinion, and plainly say, Have we no Files of our own, but must go to the Philistines to whet our Coulters?  

Kind Nephew,  
I Received lately a sheet of paper, set forth by Mr. Pool, a great part whereof is only a Repetition of his former Vindication (as he calls it) Subscribed by two Lawyers, enlarged now to five in all: I gave you my thoughts upon the former, you desire the like in this: I shall not lose so much time as to reply any thing to the man's confident words, he hath little to do that reads them a second time.  
What Mr. Pool hath said in his last (should he make his Vindication as large as he intends his Synopsis) it will be but slender satisfaction to any impartial understanding, till he answer the reason of the Act 14. Car. 2. (as I intimated to you in my last) the reason (I say) of that Act, for the most learned Lawyers in their books tell me, that Reason is the Law of the Law: and the design of the foresaid Act is to secure every man's propriety in the books he Prints, justly and duly observing the conditions required in the Act, which Mr. Bee makes it appear he hath done.  
Mr. Pool assures us▪ he hath as ample a privilege for the Printing of his Synopsis, as Mr. Be for his Critics, and that none shall Print, or Sell h●s Book, but whom Mr. Pool shall appoint: Grant it to be so, let me ask Mr. Pool in his ear, if Mr. Bee's security by a Law confirmed to him, as also by his Majesty's Royal Privilege, does not defend hi● against Mr. Pool's intrusion upon, and violation of his due right●ich interest, whether does it secure him from having the like usage. All he confidently presumes he may legally practise towards M● Critics: Mr. Pool says, is this; he does not intent to Print Mr olume, Mr. Well, mark it! when Mr. Pool hath set forth his something from Bee possibly, or some other, may add to, or d●●● alteration in h●s h●s Synopsis, (for nothing is more easy) and ma●se● practice, besides method forsooth, and for so doing Mr. Poo● 〈…〉 the the opinion of five learned in the Law, is ready to witness against him, otherwise it will not appear as justifiable in the one as in the other: And if Mr. Pool finds the like usage from Mr. Be when his first Volume is produced, and Mr. Bee cries it about the three Kingdoms as Mr. Pool hath done, I will not give him two pence for his vigorous proceed in his second and third Volume. It's true indeed, Mr. Pool makes not use of such faint Politics, but will keep the warmer side of the Hedge, for he hath got enough into his Hands to bear Charges, and is resolved to wade no further than he will be sure to come off alive: I must needs say Mr. Bee hath showed great ingenuity all along, in those rare pieces he hath Printed; for he was willing to show him that bought his Books what he had for his Money, and left him to himself whether he thought good to buy or not: Mr. Pool is upon far different terms, and sells his Subscribers, A Pig in a Poke, as we say in Yorkshire.  
In the next place, I cannot understand where Mr. Pool finds the Absurdity of Mr. Be in the stating of his Case, which, to any man that reads his Papers, appears to be thus; viz. Whether the Critics were Mr. Bees? and consequently, whether Mr. Pool, or any other, might assay any thing with, or about the Critics, destructive to Mr. Bee's interest and propriety. And where does Mr. Pools perspicacity find Mr. Be mistaken, or absurd in the stating of his case? Hereupon, I suppose (not without as good reason as Mr. Pool produces any) that Zion College (where Mr. Bees treasury of books was) being burnt down, if Mr. Pool builds upon the ground where it stood, and makes the buildings less than before (Epitomizes them) and claps his Bills upon the Door, or upon the Exchange, signifying that if any man hath a mind to be his Tenant, (though the rooms are not so big, yet they the price are as commodious, and) they shall have them for a third part they were at formerly, that he does the owners of that ground as little injury, as he does to Mr. Be in this Case; for he hath as much right to his Critics by the Law (though they are most of them burned) as any man hath, or had, to his House or the Ground whereon up● House stood: Mr. Bee hath a mind to build his house again himself dist●● is own ground and foundation, what reason hath any man to less (Ep●●? If he takes not in all his ground, but builds his rooms he not have es his Critics himself, which I hope be will not do) shall his own, and w●erty allowed by the Law to do what he please with What if Mr Be breasonable to grant every man in those cases? according to his Speci● as large as before, Prints, I mean, the Critics intends, it will 〈◊〉 the 〈◊〉 forth (which if he proceeds to do, as he 〈…〉 eminent work, next the Sacred Bible that ever the Christian world enjoyed) suppose it amounts to a round price, Mr. Pool will direct any man to an expedient that hath not 10 l, to purchase it, or time to read such large Volumes, and will assure him where he shall have the most material Authors, if not all of them, for a small matter, Mr. Bee hath sunk the prizes of them so low, by hooking them (as it pleases Mr. Pool to call it) into his Critics: Mr. Pool intends to take in the Bibl. Max and many other Authors (he names) into his Synopsis, and to squeeze the virtue out of them, which if he does, we shall hope to have those voluminous Authors for a Song, or as cheap as Marrow Bones in the street, when Mr. Pool hath sucked out the Marrow, as he confidently would persuade his Subscribers, and all that are so credulous as to take his word for it.  
It is suggested in Mr. Pools last paper, that his warrant is good for his proceeding vigorously in his business, because, though he makes bold with Mr. Bee's Critics, yet he extracts also out of several other Authors. This justifies him not a jot, or no more than if any man should think he might lawfully export prohibited commodities out of the Kingdom of England, if he carries along with those prohibited goods several others that are allowed, to bear them company; there is as little to be said against Mr. Pool should he undertake the epitomizing of Mr Bee's Critics only, as if he takes in Bib. Max. Cajetan. Ainsworth, etc. into his Synopsis to go along with them. I believe the Law will not excuse him that practices the former, which if it does not, it can never justify Mr. Pool for doing the latter, for it necessitates the ruining Mr Bee's interest in reference to his just right in his Critics.  
For Mr. Pool's two concluding cases, and his Queries upon them, he may take these few concluding considerations. First, If his Doctor be so Reverend, very Learned, and Worthy, as Mr. Pool represents him, he will do nothing unworthy of all those titles: If he hath epitomised Mr. Bee's Critics, and drawn in collections out of divers other Authors, much of Mr. Pool's labour is done to his hand: when the Dr. pleases to set forth his Specimen, if it appears that he hath not undermined Mr. Bee's propriety, I shall wish him God speed. Further if Mr. Pool's Doctor be such as he sets him forth, viz. Reverend, very Learned, and Worthy, Mr. Bee may possibly supersede and suspend his interest, in hopes that the public may be served by a person of such eminencies, which he hath great reason to doubt are very hardly to be found in Mr. Pool. Again, those excerptions of the Doctors, gathered out of the Authors which Mr. Bee hath taken into his Critics before Mr. Bee's Critics came forth (which is about 8. years since) were supposed by the Doctor either to be prejudicial to Mr. Bee's interest, or very little beneficial to the public, otherwise he would not have concealed them so long, and at last revealed the secret to Mr Pool to make a query of: I believe Mr. Pool's Doctor hath not epitomised the Critics, because it's rarely done for private use by Reverend and very Learned Doctors.  
For Speeds Chronicle, Dictionaries, Reports, and others, if upon an extract out of them all, those that have the privilege of sole Printing them are not injured, or are not willing to think themselves injured, what concerns it Mr. Be to become their Apologist? And for Mr. Pool to argue à facto ad jus is to leave a Cipher for the consequence. Doubtless Mr. Bee is wronged by Mr. Pool's unrighteous attempt, apparently against that which must necessarily be acknowledged to be the reason of the Law, by all that impartially weight it, otherwise they must conclude it a very difficult matter to find any in it.  
When you have signified what I have said to Mr. Pool, acquaint the Bookseller and Printers, who used to publish books worth a Scholars reading, that hereafter they secure themselves by Subscriptions ere they begin, or else fortify themselves with a strong belief, that when they have bestowed some thousands of pounds in Printing of an Author, the Epitomizing of it will do them no injury, (unless by chance it undo them.) What would they think that have the Copy of Sergeant Rolls his Common-place book (lately set forth, and sold for forty shillings;) should any man fall to Epitomizing (paring something off, and inserting something into it out of other Law-books, changing the method, all which are feasable) and tell the world that the Book is Large, the Price Great, and some have not so much time as to read such a Volume; others not money, to go to the price of it, I would not excuse the Undertakers for the loss of many a pound: for suppose the Epitomiser tell his Subscribers be would sell his Synopsis for the third part of the price, and they should have for their money all that's Material in the large Volume, besides the Marrow of many a rare book to boot, and its fitting all sorts of Lawyers should be accommodated. I would rather be possessed of so much good white paper, than the large Printed book. If men be uneasy to believe that all these things, may be done, let them repair to Mr. Pool, and he shall with a great confidence assure them (and that with authority) that they receive no injury by all this.  
FINIS.