Page images
PDF
EPUB

1772.

Etat. 63.

"I therefore return to my original pofition, that a law, to have its effect, must be permanent and stable. It may be faid, in the language of the schools, Lex non recipit majus et minus,-we may have a law, or we may have no law, but we cannot have half a law. We must either have a rule of action, or be permitted to act by discretion and by chance. Deviations from the law must be uniformly punished, or no man can be certain when he fhall be fafe.

"That from the rigour of the original inftitution this Court has fometimes departed, cannot be denied. But, as it is evident that fuch deviations, as they make law uncertain, make life unfafe, I hope, that of departing from it there will now be an end; that the wisdom of our ancestors will be treated with due reverence; and that confiftent and steady decifions will furnish the people with a rule of action, and leave fraud and fraudulent intromiffion no future hope of impunity or escape."

With fuch comprehenfion of mind, and fuch clearness of penetration, did he thus treat a fubject altogether new to him, without any other preparation than my having stated to him the arguments which had been used on each fide of the queftion. His intellectual powers appeared with peculiar luftre, when tried against those of a writer of fo much fame as Lord Kames, and that too in his Lordship's own department.

This masterly argument, after being prefaced and concluded with fome fentences of my own, and garnifhed with the ufual formularies, was

actually

Ætat. 63.

actually printed and laid before the Lords of 1772. Seffion, but without fuccefs. My respected friend Lord Hailes, however, one of that honourable body, had critical fagacity enough to discover a more than ordinary hand in the Petition. I told him Dr. Johnson had favoured me with his pen. His Lordship, with wonderful acumen, pointed out exactly where his compofition began, and where it ended. But that I may do impartial justice, and conform to the great rule of Courts, Suum cuique tribuito, I must add, that their Lordfhips in general, though they were pleased to call this "a well-drawn-paper," preferred the former very inferiour petition which I had written; thus confirming the truth of an obfervation made to me by one of their number, in a merry mood: "My dear Sir, give yourself no trouble in the compofition of the papers you prefent to us; for, indeed, it is cafting pearls before fwine."

I renewed my folicitations that Dr. Johnfon would this year accomplish his long-intended vifit to Scotland.

To JAMES BOSWELL. Efq.

"DEAR SIR,

"THE regret has not been little with which I have miffed a journey fo pregnant with pleafing expectations, as that in which I could promise myself not only the gratification of curiofity, both rational and fanciful, but the delight of feeing thofe whom I love and efteem. ***

But fuch has been the course of things, that I could not come; and fuch has been, I am afraid, the

ftate

1772.

Etat. 63.

ftate of my body, that it would not well have feconded my inclination. My body, I think, grows better, and I refer my hopes to another year; for I am very fincere in my defign to pay the vifit, and take the ramble. In the mean time, do not omit any opportunity of keeping up a favourable opinion of me in the minds of any of my friends. Beattie's book is, I believe, every day more liked; at least, I like it more, as I look more upon. it.

"I am glad if you got credit by your cause, and am yet of opinion, that our caufe was good, and that the determination ought to have been in your favour. Poor Haftie, I think, had but his deferts.

"You promised to get me a little Pindar, you may add to it a little Anacreon.

"The leisure which I cannot enjoy, it will be a pleafure to hear that you employ upon the antiquities of the feudal establishment. The whole fystem of ancient tenures is gradually paffing away; and I wish to have the knowledge of it preferved adequate and complete. For fuch an inftitution makes a very important part of the hiftory of mankind. Do not forget a design fo worthy of a scholar who studies the laws of his country, and of a gentleman who may naturally be curious to know the condition of his own ancestors. I am, dear Sir,

"Your's with great affection,

"SAM. JOHNSON."

"Auguft 31, 1772.

Το

To Dr. JOHNSON.

1772.

Ætat. 63.

"MY DEAR SIR,

Edinburgh, Dec. 25, 1772.

"I WAS much disappointed that you did not come to Scotland last autumn. However, I muft own that your letter prevents me from complaining; not only because I am fenfible that the state of your health was but too good an excuse, but because you write in a strain which shows that you have agreeable views of the scheme which we have fo long propofed.

"I communicated to Beattie what you faid of his book in your last letter to me. He writes to me thus: You judge very rightly in fuppofing that Dr. Johnson's favourable opinion of my book must give me great delight. Indeed it is impoffible for me to fay how much I am gratified by it; for there is not a man upon earth whofe good opinion I would be more ambitious to cultivate. His talents and his virtues I reverence more than any words can exprefs. The extraordinary civilities, (the paternal attentions I fhould rather fay,) and the many inftructions I have had the honour to receive from him, will to me be a perpetual source of pleasure in the recollection.

"Dum memor ipfe mei, dum fpiritus bos reget artus."

"I had still some thoughts, while the fummer lafted, of being obliged to go to London on fome little bufinefs; otherwife I fhould certainly have trouble

3

[ocr errors]

Etat. 63.

1772. troubled him with a letter feveral months ago, and given fome vent to my gratitude and admiration. This I intend to do, as foon as I am left a little at leifure. Mean time, if you have occafion to write to him, I beg you will offer him my moft respectful compliments, and affure him of the fincerity of my attachment and the warmth of my gratitude.'

Etat. 64.

[blocks in formation]

2

In 1773 his only publication was an edition of his folio Dictionary, with additions and corrections; nor did he, so far as is known, furnish any productions of his fertile pen to any of his numerous friends or dependants, except the Preface* to his old amanuenfis Macbean's " Dictionary of ancient Geography." His Shakspeare, indeed, which had been received with high approbation by the publick, and gone through feveral editions, was this year re-publifhed by George Steevens, Efq. a gentleman not only deeply skilled in ancient learning, and of very extenfive reading in English literature, especially the early writers, but at the fame time of acute difcernment and elegant taste. It is almoft unneceffary to fay, that by his great

* He, however, wrote, or partly wrote, an Epitaph on Mrs. Bell, wife of his friend John Bell, Efq. brother of the Reverend Dr. Bell, Prebendary of Westminster, which is printed in his Works. It is in English profe, and has fo little of his manner, that I did not believe he had any hand in it, till I was fatisfied of the fact by the authority of Mr. Bell.

« PreviousContinue »