the general opinion, that it is improper in a lawyer to solicit employment; for why, I urged, should it not be equally allowable to solicit that as the means of consequence, as it is to solicit votes to be elected a member of parliament? Mr. Strahan had told me that a countryman of his and mine', who had risen to eminence in the law, had, when first making his way, solicited him to get him employed in city causes. JOHNSON. "Sir, it is wrong to stir up lawsuits; but when once it is certain that a lawsuit is to go on, there is nothing wrong in a lawyer's endeavouring that he shall have the benefit, rather than another." BOSWELL. "You would not solicit employment, sir, if you were a lawyer." JOHNSON. "No, sir; but not because I should think it wrong, but because I should disdain it." This was a good distinction, which will be felt by men of just pride. He proceeded: "However, I would not have a lawyer to be wanting to himself in using fair means. I would have him to inject a little hint now and then, to prevent his being overlooked."

Lord Mountstuart's bill for a Scotch militia, in supporting which his lordship had made an able speech in the house of commons, was now a pretty general topick of conversation. JOHNSON. "As Scotland contributes so little land-tax towards the general support of the nation, it ought not to have a militia paid out of the general fund, unless it should be thought for the general interest that Scotland should be protected from an invasion, which no man can think will happen; for what enemy would invade

[Probably Mr. Wedderburn.-ED.]

2 [Boswell writes to Mr. Wilkes on this subject, 20th April, 1776: “I am delighted to find that my honoured friend and Mecanas, my Lord Mountstuart, made an excellent speech on the Scotch militia bill."-Wilkes's Correspondence, vol. iv. p. 319. Mr. Boswell's Mecanas disappointed his hopes, and hence, perhaps, some of those observations about "courting the great" and "apathy of patrons" which Mr. Boswell occasionally makes.-ED.]

Scotland, where there is nothing to be got? No, sir; now that the Scotch have not the pay of English soldiers spent among them, as so many troops are sent abroad, they are trying to get money another way, by having a militia paid. If they are afraid, and seriously desire to have an armed force to defend them, they should pay for it. Your scheme is to retain a part of your land-tax, by making us pay and clothe your militia." BOSWELL. "You should not talk of we and you, sir; there is now an union." JOHNSON. "There must be a distinction of interest, while the proportions of land-tax are so unequal. If Yorkshire should say, 'Instead of paying our landtax, we will keep a greater number of militia,' it would be unreasonable." In this argument my friend was certainly in the wrong. The land-tax is as unequally proportioned between different parts of England, as between England and Scotland; nay, it is considerably unequal in Scotland itself. But the land-tax is but a small part of the numerous branches of publick revenue, all of which Scotland pays precisely as England does. A French invasion made in Scotland would soon penetrate into England.

He thus discoursed upon supposed obligation in settling estates: "Where a man gets the unlimited property of an estate, there is no obligation upon him in justice to leave it to one person rather than to another. There is a motive of preference from kindness, and this kindness is generally entertained for the nearest relation. If I owe a particular man a sum of money, I am obliged to let that man have the next money I get, and cannot in justice let another have it; but if I owe money to no man, I may dispose of what I get as I please. There is not a debitum justitiæ to a man's next heir; there is only a debitum caritatis. It is plain, then, that I have

morally a choice according to my liking. If I have a brother in want, he has a claim from affection to my assistance; but if I have also a brother in want, whom I like better, he has a preferable claim. The right of an heir at law is only this, that he is to have the succession to an estate, in case no other person is appointed to it by the owner. His right is merely preferable to that of the king."

We got into a boat to cross over to Blackfriars; and as we moved along the Thames, I talked to him of a little volume, which, altogether unknown to him, was advertised to be published in a few days, under the title of "Johnsoniana, or Bon Mots of Dr. Johnson." JOHNSON. "Sir, it is a mighty impudent thing." BOSWELL. "Pray, sir, could you base no redress if you were to prosecute a publisher for bring ing out, under your name, what you never said, and ascribing to you dull stupid nonsense, or mak. you swear profanely, as many ignorant relatere of pour bon mots do?" JOHNSON. “No, ar: there v.. always be some truth mixed with the fawton aut how can it be ascertained how much a true and tra much is false? Besides, in what Genage muta jury give me for having been pugnant, a pont ing?" BOSWELL In menda disavow such a piblation will posterity might with run pas

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Scotland, where there is nothing to be got?

No, sir; now that the Scotch have not the pay of English soldiers spent among them, as so many troops are sent abroad, they are trying to get money another way, by having a militia paid. If they are afraid, and seriously desire to have an armed force to defend them, they should pay for it. Your scheme is to retain a part of your land-tax, by making us pay and clothe your militia." BOSWELL. "You should not talk of we and you, sir; there is now an union.” JOHNSON. "There must be a distinction of interest, while the proportions of land-tax are so unequal. If Yorkshire should say, 'Instead of paying our landtax, we will keep a greater number of militia,' it would be unreasonable." In this argument my friend was certainly in the wrong. The land-tax is as unequally proportioned between different parts of England, as between England and Scotland; nay, it is considerably unequal in Scotland itself. But the land-tax is but a small part of the numerous branches of publick revenue, all of which Scotland pays precisely as England does. A French invasion made in Scotland would soon penetrate into England.

He thus discoursed upon supposed obligation in settling estates: "Where a man gets the unlimited property of an estate, there is no obligation upon him in justice to leave it to one person rather than to another. There is a motive of preference from kindness, and this kindness is generally entertained for the nearest relation. If I owe a particular man a sum of money, I am obliged to let that man have the next money I get, and cannot in justice let another have it; but if I owe money to no man, I may dispose of what I get as I please. There is not a debitum justitie to a man's next heir; there is only a debitum caritatis. It is plain, then, that I have

morally a choice according to my liking. If I have a brother in want, he has a claim from affection to my assistance; but if I have also a brother in want, whom I like better, he has a preferable claim. The right of an heir at law is only this, that he is to have the succession to an estate, in case no other person is appointed to it by the owner. His right is merely preferable to that of the king."

We got into a boat to cross over to Blackfriars; and as we moved along the Thames, I talked to him of a little volume, which, altogether unknown to him, was advertised to be published in a few days, under the title of "Johnsoniana, or Bon Mots of Dr. Johnson." JOHNSON. "Sir, it is a mighty impudent thing." BOSWELL. "Pray, sir, could you have no redress if you were to prosecute a publisher for bringing out, under your name, what you never said, and ascribing to you dull stupid nonsense, or making you swear profanely, as many ignorant relaters of your bon mots do?" JOHNSON. "No, sir; there will always be some truth mixed with the falsehood, and how can it be ascertained how much is true and how. much is false? Besides, sir, what damages would a jury give me for having been represented as swearing?" BOSWELL. "I think, sir, you should at least disavow such a publication, because the world and posterity might with much plausible foundation say, 'Here is a volume which was publickly advertised and came out in Dr. Johnson's own name, and, by his silence, was admitted by him to be genuine.' JOHNSON. "I shall give myself no trouble about the matter."

He was, perhaps, above suffering from such spurious

[This was a contemptible jest-book full of indecencies, and with very little of Johnson in it. Mr. Boswell's work is the true Johnsoniana, and a judicious and entertaining selection from Boswell, under this title, has been lately published.-ED.]