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me that there is no settled order among them; and he says that the Macdonalds were not placed upon the right of the army at Culloden; the Stuarts were. I shall, however, examine witnesses of every name that I can find here. Dr. Webster shall be quickened too. I like your little memorandums; they are symptoms of your being in earnest with your book of northern travels.

"Your box shall be sent next week by sea. You will find in it some pieces of the broom-bush which you saw growing on the old castle of Auchinleck. The wood has a curious appearance when sawn across. You may either have a little writing-standish made of it, or get it formed into boards for a treatise on witchcraft, by way of a suitable binding."

"MR. BOSWELL TO DR. JOHNSON.

"Edinburgh, 18th Dec. 1773.

"You promised me an inscription for a print to be taken from an historical picture of Mary Queen of Scots, being forced to resign her crown, which Mr. Hamilton at Rome has painted for me. The two following have been sent to me:

"Maria Scotorum Regina meliori seculo digna, jus regium civibus seditiosis invita resignat.'

"Cives seditiosi Mariam Scotorum Reginam sese muneri abdicare invitam cogunt.'

"Be so good as to read the passage in Robertson, and see if you cannot give me a better inscription. I must have it both in Latin and English; so if you should not give me another Latin one, you will at least choose the best of these two, and send a translation of it."

His humane forgiving disposition was put to a pretty strong test on his return to London by a liberty which Mr. Thomas Davies had taken with him in his absence, which was, to publish two volumes entitled "Miscellaneous and Fugitive Pieces," which he advertised in the newspapers, "By the Author of the Rambler." In this collection, several of Dr. Johnson's acknowledged writings, several of his anony

VOL. III.

I

Piozzi, p. 42, 43.

Prayers & Med. p. 129.

mous performances, and some which he had written for others, were inserted; but there were also some in which he had no concern whatever. He was at

But,

first very angry, as he had good reason to be.
upon consideration of his poor friend's narrow circum-
stances, and that he had only a little profit in view,
and meant no harm, he soon relented, and continued
his kindness to him as formerly.

[When Mrs. Thrale on this occasion said to him, "How would Pope have raved, had he been served so? 'We should never,' replied he, have heard the last on't, to be sure; but then Pope was a narrow man. I will, however,' added he, 'storm and bluster myself a little this time;'-so went to London in all the wrath he could muster up. At his return, Mrs. Thrale asked how the affair ended: 'Why,' said he, ́ I was a fierce fellow, and pretended to be very angry, and Thomas was a good-natured fellow, and pretended to be very sorry; so there the matter ended. I believe the dog loves me dearly. Mr. Thrale, turning round to him, what shall you and I do that is good for Tom Davies? We will do something for him, to be sure.""]

In the course of his self-examination with retrospect to this year, he seems to have been much dejected; for he says, 1st January, 1774:

"This year has passed with so little improvement, that I doubt whether I have not rather impaired than increased my learning."

And yet we have seen how he read, and we know how he talked during that period.

["DR. JOHNSON TO MRS. MONTAGU,

"11th Jan. 1774. "MADAM,-Having committed one fault by inadvertency, I will not commit another by sullenness. When I had the honour of your card, I could not comply with your invitation, and

must now suffer the shame of confessing that the necessity of an answer did not come into my mind.

“This omission, madam, you may easily excuse, as the consciousness of your own character must secure you from suspecting that the favour of your notice can ever miss a suitable return, but from ignorance or thoughtlessness, and to be ignorant of your eminence is not easy, but to him who lives out of the reach of the publick voice. I am, madam, your most obedient and most humble servant, "SAM. JOHNSON."]

He was now seriously engaged in writing an account of our travels in the Hebrides, in consequence of which I had the pleasure of a more frequent correspondence with him.

"TO JAMES BOSWELL, ESQ.

“29th Jan. 1774.

"DEAR SIR,-My operations have been hindered by a cough; at least I flatter myself, that if my cough had not come, I should have been further advanced. But I have had no intelligence from Dr. Webster, nor from the excise-office, nor from you. No account of the little borough'. Nothing of the Erse language. I have yet heard nothing of my box.

"You must make haste and gather me all you can, and do it quickly, or I will and shall do without it.

"Make my compliments to Mrs. Boswell, and tell her that I do not love her the less for wishing me away. I gave her trouble enough, and shall be glad, in recompense, to give her any pleasure.

"I would send some porter into the Hebrides, if I knew which way it could be got to my kind friends there. Inquire, and let me know.

"Make my compliments to all the doctors of Edinburgh, and to all my friends, from one end of Scotland to the other.

"Write to me, and send me what intelligence you can; and if any thing is too bulky for the post, let me have it by the carrier. I do not like trusting winds and waves.—I am, dear sir, your most, &c. "SAM. JOHNSON."

"TO JAMES BOSWELL, ESQ.

"London, 7th Feb. 1774.

"DEAR SIR,—In a day or two after I had written the last discontented letter, I received my box, which was very welcome.

The ancient burgh of Prestick, in Ayrshire.-BoswELL.

But still I must entreat you to hasten Dr. Webster, and continue to pick up what you can that may be useful.

"Mr. Oglethorpe was with me this morning; you know his errand. He was not unwelcome.

"Tell Mrs. Boswell that my good intentions towards her still continue. I should be glad to do any thing that would either benefit or please her.

"Chambers is not yet gone, but so hurried, or so negligent, or so proud, that I rarely see him. I have indeed, for some weeks past, been very ill of a cold and cough, and have been at Mrs. Thrale's, that I might be taken care of. I am much better: novæ redeunt in prælia vires; but I am yet tender, and easily disordered. How happy it was that neither of us were ill in the Hebrides.

1

"The question of literary property is this day before the lords. Murphy drew up the appellants' case, that is, the plea against the perpetual right. I have not seen it, nor heard the decision. I would not have the right perpetual.

"I will write to you as any thing occurs, and do you send me something about my Scottish friends. I have very great kindness for them. Let me know likewise how fees come in, and when we are to see you.-I am, sir, yours affectionately,

1

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[The question was not decided till the 22d Feb.; the following summary of this matter is extracted from the "Annual Register" for 1774, pp. 95-6: "This day came on, in the house of lords, the final determination on the cause of literary property, which rested principally on these three points:

"I. Whether the author of a book, or literary composition, has a common law right to the sole and exclusive publication of such book or literary composition?

"II. Whether an action for a violation of common law right will lie against those persons who publish the book or literary composition of an authour without his consent?

"III. How far the statute of the 8th Queen Anne affects the supposition of a common law right?

"The judges having previously delivered their opinions on these points, Lord Camden rose and spoke very learnedly for near two hours against the literary claimants, and in defence of the statute of Queen Anne, which he said took away any right at common law for an author's exclusively multiplying copies, if any such right existed. The Lord Chancellor spoke for three quarters of an hour to the same effect. The young Lord Lyttelton next rose, and made a short but florid harangue in favour of literary property. The Bishop of Carlisle and Lord Howard of Effingham spoke against it; and the question being put by the Lord Chancellor, whether it was their lordships' pleasure that the decree should be reversed, it was agreed without a division, with costs.

By the above decision of the important question respecting copyright in books, near 200,000l. worth of what was honestly purchased at public sales, and which was yesterday thought property, is now reduced to nothing. The booksellers of London and Westminster, many of whom sold estates and houses to purchase copyright, are in a manner ruined; and those who, after many years' industry, thought they had acquired a competency to provide for their families, now find themselves without a shilling to devise to their successor.

He at this time wrote the following letters to Mr. Steevens, his able associate in editing Shakspeare:

"TO GEORGE STEEVENS, ESQ. HAMPSTEAD.

"7th February, 1774.

"SIR,-If I am asked when I have seen Mr. Steevens, you know what answer I must give; if I am asked when I shall see him, I wish you could tell me what to say.

"If you have 'Lesley's History of Scotland,' or any other book about Scotland, except Boetius and Buchanan, it will be a kindness if you send them to, sir, your humble servant, "SAM. JOHNSON."

"TO GEORGE STEEVENS, ESQ.

"21st Feb. 1774.

"SIR,-We are thinking to augment our club, and I am desirous of nominating you, if you care to stand the ballot, and can attend on Friday nights at least twice in five weeks: less than this is too little, and rather more will be expected. Be pleased to let me know before Friday. I am, sir, your most, &c. "SAM. JOHNSON."

"TO GEORGE STEEVENS, ESQ.

"5th March, 1774.

"SIR,-Last night you became a member of the club; if you call on me on Friday, I will introduce you. A gentleman, proposed after you, was rejected.

"I thank you for Neander', but wish he were not so fine. I will take care of him. I am, sir, your humble servant,

"SAM. JOHNSON."

"TO JAMES BOSWELL, ESQ.

"5th March, 1774.

"Dear sir,-Dr. Webster's informations were much less exact, and much less determinate than I expected: they are,

"The English booksellers have now no other security in future, for any literary purchase they may make, but the statute of the 8th of Queen Anne, which secures to the author's assigns an exclusive property for fourteen years, to revert again to the author, and vest in him for fourteen years more."-ED.]

See the Catalogue of Mr. Steevens's Library, No. 265 :—“ Neandri (Mich.) Opus aureum, Gr. et Lat. 2 tom. 4to. corio turcico, foliis deauratis. Lipsiæ, 1577." This was doubtless the book which appears to have been lent by Mr. Steevens to Dr. Johnson.-MALONE.

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