if this were the cafe, Literature would have a ftill greater dignity and fplendour at Oxford, and there would be grander living fources of inftruction. I mentioned Mr. Maclaurin's uneafinefs on account of a degree of ridicule carelessly thrown on his deceased father, in Goldsmith's " History of Animated Nature," in which that celebrated mathematician is reprefented as being subject to fits of yawning fo violent as to render him incapable of proceeding in his lecture; a story altogether unfounded, but for the publication of which the law would give no reparation. This led us to agitate the question, whether legal redrefs could be obtained, even when a man's deceafed relation was calumniated in a publication. Mr. Murray maintained there fhould be reparation, unless the authour could justify himself by proving the fact. JOHNSON. "Sir, it is of fo much more confequence that truth fhould be told, than that individuals fhould not be made uneafy, that it is much better that the law does not restrain writing freely concerning the characters of the dead. Damages will be given to a man who is calumniated in his life-time, because he may be hurt in his worldly intereft, or at least hurt in his mind: but the law does not regard that uneafsiness which a man feels on having his ancestor calumniated. That is too nice. Let him deny what is faid, and let the matter have a fair chance by discussion. But, if a man could fay nothing against a character but what he can prove, history could not be written; for a great deal is known of men of which proof cannot be brought. A minister may be notoriously known to take bribes, and yet you may not be able to prove it." Mr. Murray suggested, that the authour should be obliged to fhew fome fort of evidence, though he would not require a strict legal proof: but Johnson firmly and refolutely oppofed any restraint whatever, as adverfe to a free investigation of the characters of mankind?. On • Dr. Goldsmith was dead before Mr. Maclaurin difcovered the ludicrous errour. But Mr. Nourse, the bookfeller, who was the proprietor of the work, upon being applied to by Sir John Pringle, agreed very handfomely to have the leaf on which it was contained cancelled, and re-printed without it, at his own expence. 7 What Dr. Johnfon has here faid, is undoubtedly good fenfe; yet I am afraid that law, though defined by Lord Coke "the perfection of reason," is not altogether with him; for it is held in the books, that an attack on the reputation even of a dead man, may be punished as a libel, because tending to a breach of the peace. There is however, I believe, no modern decided cafe to that effect. In the King's Bench, Trinity Term, 1790, the question occurred on occafion of an indictment, The King v. Topham, who, as a proprietor of a newspaper entitled "THE WORLD,” was found guilty of a libel against Earl Cowper, deceased, because certain injurious charges against his Lordship were published in that paper. One of the counfel for Mr. Topham, my friend Mr. Conft, who is very able to maintain the argument with learning and ingenuity, informs me that it 1776. Etat. 67. 'On Thursday, April 4, having called on Dr. Johnson, I faid, it was a pity that truth was not fo firm as to bid defiance to all attacks, fo that it might be shot at as much as people chose to attempt, and yet remain unhurt. JOHNSON. "Then, Sir, it would not be shot at. Nobody attempts to difpute that two and two make four: but with contests concerning moral truth, human paffions are generally mixed, and therefore it muft ever be liable to affault and misrepresentation.” On Friday, April 5, being Good-Friday, after having attended the morning service at St. Clement's church, I walked home with Johnson. We talked of the Roman Catholick religion. JOHNSON. "In the barbarous ages, Sir, priests and people were equally deceived; but afterwards there were gross corruptions introduced by the clergy, fuch as indulgences to priests to have concubines, and the worship of images, not, indeed, inculcated, but knowingly permitted." He strongly cenfured the licensed ftews at Rome. BoSWELL. "So then, Sir, you would allow of no irregular intercourfe whatever between the fexes?" JOHNSON. "To be fure I would not, Sir. I would punish it much more than is done, and so restrain it. In all countries there has been fornication, as in all countries there has been theft; but there may be more or less of the one, as well as of the other, in proportion to the force of law. All men will naturally commit fornication, as all men will naturally steal. And, Sir, it is very abfurd to argue, as has been often done, that prostitutes are neceffary to prevent the violent effects of appetite from violating the decent order of life; nay, fhould be permitted, in order to preferve the chastity of our wives and daughters. Depend upon it, Sir, fevere laws, fteadily enforced, would be fufficient against thofe evils, and would promote marriage." I ftated to him this cafe :-" Suppofe a man has a daughter who he knows has been feduced, but her misfortune is concealed from the world: fhould he keep her in his houfe? Would he not, by doing fo, be acceffary to imposition? And, perhaps, a worthy unfufpecting man might come and marry this woman, unless the father inform him of the truth." JOHNSON. "Sir, he is acceffary to no impofition. His daughter is in his houfe; and if a man courts her, he takes his chance. If a friend, or, indeed, if any man afks his opinion whether he should marry her, he ought to advise him against it, without telling why, becaufe his real opinion is then required. Or, if he has other is intended to move in arreft of judgement; fo that we fhall probably have a folemn determination, upon a point of univerfal importance. No man has a higher reverence for the law of England in general than I have; but, with all deference I cannot help thinking, that profecution by indictment, if a defendant is never to be allowed to justify, must often be very oppreffive, unless Juries, who I am more and more confirmed in holding to be judges of law as well as of fact, interpose. daughters daughters who know of her frailty, he ought not to keep her in his house. You are to confider the ftate of life is this; we are to judge of one another's characters as well as we can; and a man is not bound, in honesty or honour, to tell us the faults of his daughter or of himself. A man who has debauched his friend's daughter is not obliged to say to every body- Take care of me don't let me into your houfes without fufpicion. I once debauched a friend's daughter: I may debauch yours." Mr. Thrale called upon him, and appeared to bear the lofs of his fon with a manly compofure. There was no affectation about him; and he talked, as ufual, upon indifferent fubjects. He feemed to me to hefitate as to the intended Italian tour, on which, I flattered myself, he and Mrs. Thrale and Dr. Johnson were foon to fet out; and, therefore, I preffed it as much as I could. I mentioned that Mr. Beauclerk had faid, that Baretti, whom they were to carry with them, would keep them fo long in the little towns of his own diftrict, that they would not have time to fee Rome. I mentioned this,. to put them on their guard. JOHNSON. "Sir, we do not thank Mr. Beauclerk. for supposing that we are to be directed by Baretti. No, Sir; Mr. Thrale is to go, by my advice, to Mr. Jackson, (the all-knowing,) and get from him a plan for feeing the most that can be seen in the time that we have to travel.. We must, to be fure, fee Rome, Naples, Florence, and Venice, and as much more as we can," (speaking with a tone of animation). When I expreffed an earnest wish for his remarks on Italy, he faid,. "I do not fee that I could make a book upon Italy; yet I fhould be glad to get two hundred pounds, or five hundred pounds by fuch a work. This fhewed both that a journal of his Tour upon the Continent was not wholly out of his contemplation, and that he uniformly adhered to that strange opinion, which his indolent difpofition made him utter: "No man but a blockhead ever wrote, except for money." Numerous inftances to refute this will occur to all who are verfed in the hiftory of literature. He gave us one of the many sketches of character which were treasured in his mind, and which he was wont to produce quite unexpectedly in a very entertaining manner. "I lately (faid he,) received a letter from the Eaft-Indies, from a gentleman whom I formerly knew very well; he had returned from that country with a handfome fortune, as it was reckoned, before means were found to acquire thofe immenfe fums which have been brought from thence of late; he was a scholar, and an agreeable man, and lived very prettily in London, till his wife died. After her death, he took to diffipation and gaming, and lost all he had. One evening he loft a thousand pounds to a gentleman whofe name I am forry I have forgotten. Next morning he fent the gentleman 1776. tat. 67. 1776. five hundred pounds, with an apology that it was all he had in the world tat. 67. The gentleman fent the money back to him, declaring he would not accept had ocafion for five hundred pounds more it; and adding, that if Mr. he would lend it to him. He refolved to go out again to the Eaft-Indies, and make his fortune anew. He got a confiderable appointment, and I had fome intention of accompanying him. Had I thought then as I do now, I fhould have gone: but, at that time, I had objections to quitting England." It was a very remarkable circumftance about Johnfon, whom shallow obfervers have supposed to have been ignorant of the world, that very few men had seen greater variety of characters; and none could obferve them better, as was evident from the ftrong, yet nice portraits which he often drew. I have frequently thought that if he had made out what the French call une catalogue raisonnée of all the people who had passed under his observation, it would have afforded a very rich fund of inftruction and entertainment. The fuddenness with which his accounts of fome of them started out in converfation, was not lefs pleasing than furprising. I remember he once obferved to me, "It is wonderful, Sir, what is to be found in London. The most literary converfation that I ever enjoyed, was at the table of Jack Ellis, a moneyfcrivener behind the Royal-Exchange, with whom I at one period used to dine generally once a week." Volumes would be required to contain a list of his numerous and various acquaintance, none of whom he ever forgot; and could defcribe and difcriminate them all with precifion and vivacity. He affociated with perfons the most widely different in manners, abilities, rank, and accomplishments. He was at once the companion of the brilliant Colonel Forrester of the guards, who wrote "The Polite Philofopher," and of the aukward and uncouth This Mr. Ellis is, I believe, the laft of that profeffion called Scriveners, which is one of the London companies, but of which the business is no longer carried on feparately, but is tranfacted by attornies and others. He is a man of literature and talents. He is the authour of a Hudi'braftick version of Maphæus's Canto, in addition to the Æneid; of fome poems in DodЛley's collection; and various other small pieces; but being a very modeft man, has never put his name to any thing. He has fhewn me a tranflation which he has made of Ovid's Epiftles, very prettily done. There is a good engraved portrait of him by Peffer, from a picture by Fry, which hangs in the hall of the Scriveners' company. He is now a very old man. I have vifited him this day, (October 4, *1790,) in his ninety-third year, and found his judgement distinct and clear, and his memory, though faded so as to fail him occafionally, yet, as he affured me, and I indeed perceived, able to ferve him very well, after a little recollection. It was agreeable to observe, that he was free from the discontent and fretfulness which too often moleft old age. He in the fummer of this year walked to Rotherhithe, where he dined, and walked home in the evening. Robert 1776. Robert Levett; of Lord Thurlow, and Mr. Saftres, the Italian master; and has dined one day with the beautiful, gay, and fascinating Lady Craven, and tat. 67. the next with good Mrs. Gardiner the tallow-chandler, on Snow-hill. On my expreffing my wonder at his discovering fo much of the knowledge peculiar to different profeffions, he told me, "I learnt what I know of law, chiefly from Mr. Ballow; a very able man. I learnt fome too from Chambers; but was not fo teachable then. One is not willing to be taught by a young man." When I expreffed a wish to know more about Mr. Ballow, Johnson said, "Sir, I have seen him but once these twenty years. The tide of life has driven us different ways." I was forry at the time to hear this; but whoever quits the creeks of private connections, and fairly gets into the great ocean of London, will, by imperceptible degrees, unavoidably experience this. My knowledge of physick, (he added,) I learnt from Dr. James, whom I helped in writing the proposals for his Dictionary, and also a little in the Dictionary itself. I also learnt fome from Dr. Lawrence, but was then grown more ftubborn." A curious incident happened to-day, while Mr. Thrale and I fat with him. Francis announced that a large packet was brought to him from the post-office, faid to have come from Lifbon, and it was charged feven pounds ten fillings. He would not receive it, fuppofing it to be fome trick, nor did he even look at it. But upon enquiry afterwards he found that it was a real packet for him, from that very friend in the Eaft-Indies of whom he had been speaking; and the ship which carried it having come to Portugal, this packet, with others, had been put into the poft-office at Lifbon. I mentioned a new gaming club, of which Mr. Beauclerk had given me an account, where the members played to a desperate extent. JOHNSON. Depend upon it, Sir, this is mere talk. Who is ruined by gaming? You will not find fix instances in an age. There is a ftrange rout made about deep play; whereas you have many more people ruined by adventurous trade, and yet we do not hear such an outcry against it." THRALE. "There may be few people abfolutely ruined by deep play; but very many are much hurt in their circumstances by it." JOHNSON. "Yes, Sir; and fo are very many by other kinds of expence." I had heard him talk once before in the fame manner; and at Oxford he said, "he wished he had learnt to play at cards.” The 9 Lord Macartney, who with his other diftinguished qualities, is remarkable alfo for an elegant pleasantry, told me, that he met Johnson at Lady Craven's, and that he feemed jealous of any interference; "So (faid his Lordship, failing,) I kept back." truth, |