Ossian Collection > Gentleman's magazine, and historical chronicle > Volume 66, Part 2

94^
Review nf Ntw Publications,
[NpY.
the appointments of the feveral Aflro-
nomers Royal; with queiies annexed,
touching the Crown's right to their ob-
ferwations; the proper mode of de-
•ntanding fwch as had been taken away;
and the methods to be putfued in cafe
of non-compliance. This cafe was or-
dered to be laid before MtlTrs. Yorkt
and De Greyj, tlie Attorney and S H-
citor General, for their opinions.
In January, 1767. thefe opinions
were laid before the Board, and were
found to differ; the foimer maintain-
ing the right of the publick to the Ob-
Yervations, and the latter denying it.
At the f:ime time, Profeflbr Hornlby
reprefenting to the Board that the
'Doflor's executors couhl not them-
Tclves give up the Obfervaiions with
propriety; and that Mifs Bradley
wanted then not a month of beini; of
a^e, when they wou'd deliver them
into her own hands, to do with them
as Ihe thought proper; the Board re-
iblved to wait till that time, and de-
filed Mr. Hornlby to apply to Mifs
Bradley for them, as foon as fte came
of age. In December, Sir E. Hawke,
then firft Lord CommilTioner of the
Admiralty, laid before the Board a
note from Lord Shelburne, inch^finga
copy of a letter from Mifs Bradley, in
which (he informs ha Lordfhip that
Ihe had given her father's Obfeivations
to. her uncle Mr. Samuel Peach; be-
caufe, as Ihe faid, no application hid
been made for them by her giiardians,
•nor by any perfon on behalf of his
Majefty, the Board of Longitude, or
the Royal Society ; and that flje had
Been informed that feveral very emi-
■ nent counfcl concurred in opinion that
thev were her fole property. The Board
•carrteto no refolution then ; bur, June
'i^, 1768, refolved th?.t, previoufly to
taking any farther fteps in the matter,
Mr. Dunning' (then Solicitor General)
Ihould be cnnfuked. Mr. Dunning's
opinion was not obtained till March,
1769 i when It was found to concur
■with Mr. Yorke's ; both of them
had been previoufly fent to ProfelTor
Hornlby, who now hid before the
Board letters which he had received
from Mils Bradley and Mr. Peach, in
•which the latter abfolutely refufed to
give up the Obfervations without a
very valuable confideratioD. On this
it was refolv«d, tliat a ftatemeni of the
cafe flioulii fee drawn up, and- fent to
.Lord \yeyili'ewh, dito Seereury of
State, to be laid before the King ; at
the fame time fubmitting to his Ma-
jefty whether it might not be advife-
able for him to direft, by his (ign ma-
nual, the rellitution of thofe Obftiva-
tions ; and, in cafe of non-compiiance,
to order the Attorney General to Bie ■
an information againft the perfons with-
holding them ; and, fuch cafe being
drawn up, it was fent to Lord Wcy
mouth.
In January, 177c, lord VV. reprefent-
ed that, in obedience to the King's com-
mand, he had referred the confidera-
tion of the cafe to his Majefty's Ad-
vocate, Attornev, and Solicitor Ge-
neral ; with dire61ion to tl>em to point
out the proper l-tgal means for bring-
ing his Majeftv's right in the Oblev.VH-
lions to a deciRon ; that tliey ha<i given
it as their opinion, that it mull be by
an information, in the name of his Ma-
jefly's Attorney General, in the Court
of Exchequer ; and that he had recei-
ved, aod fignihed, his Majefty's plea-
fure to the Attorney General, to prp-
ceed in that manner.
It was now refolved, that a copy ef
L rd . Weymouth's letter flicuid be
fent to Mr. John Peach (fon of Mr. Sa-
muel Peach, who was dead), and, it 1
was given to ProfelTor Hornlby for
that purpofei In March following,
Mr. Hornlby prefented a letter, to the
Board from Mr, Peach, in which he
exprefled the determination of the par-
ties concerned not to give up the Ob-
fervations, without a proper confidera- 1
tion for them. The Board, therefore,
refolved that thefuit Ihould pioceed.
In November, 1772. a memorial
from Mr. John Peach to the earl of
Sandwich, then nrll Lord of the Ad-
miralty, was laid before the Boarr^,
defiring that he might be fpeedily re-
leal'ed from a troublclome and expen-
five law-fuit, and receive a rea!onal>le
compeniation for the free furrender of
the late Dr. Bradley's papers ; and the
queftion being put, " whether the Board
fhould flop the proceedings at law, and
treat with Mr. Peach to deliver the
papers on receiving a valuable conli-
deration ?" it palled in the negative;
and Mr. Hornlby was defired to com-
municate this refolution to Mr. Peach,
who, the Board underftood, was near
at hand. Mr. Hornlby accordingly
went to Mr. Peach, who aufivcrtd,
that "he thought he had Ibme proper-
'ty ia the Obfervitions. and ihcreforo
.-^iy^- \Jh~.':' ■ could