14 The foreign Universities. [A.D. 1776. for they have nothing good enough to keep a man of eminent learning with them for his life. In the foreign Universities a professorship is a high thing. It is as much almost as a man can make by his learning; and therefore we find the most learned men abroad are in the Universities'. It is not so with us. Our Universities are impoverished of learning, by the penury of their provisions. I wish there were many places of a thousand a-year at Oxford, to keep first-rate men of learning from quitting the University.' Undoubtedly if this were the case, Literature would have a still greater dignity and splendour able to the diffusion of ignorance, idleness, vice, and infidelity among young men.' Ib. p. 147. In no part of the kingdom will you meet with more licentious practices and sentiments, and with less learning than in some colleges.' Ib. p. 179. 'The tutors give what are called lectures. The boys construe a classic, the jolly young tutor lolls in his elbow-chair, and seldom gives himself the trouble of interrupting the greatest dunce.' Ib. p. 199. 'Some societies would have been glad to shut themselves up by themselves, and enjoy the good things of the cook and manciple, without the intrusion of commoners who come for education.' Ib. p. 200. The principal thing required is external respect from the juniors. However ignorant or unworthy a senior fellow may be, yet the slightest disrespect is treated as the greatest crime of which an academic can be guilty.' Ib. p. 201. The Proctors gave far ‘more frequent reprimands to the want of a band, or to the hair tied in a queue, than to important irregularities. A man might be a drunkard, a debauchee, and yet long escape the Proctor's animadversion; but no virtue could protect you if you walked on Christchurch meadow or the High Street with a band tied too low, or with no band at all; with a pig-tail, or with a green or scarlet coat.' Ib. p. 159. Only thirteen weeks' residence a year I According to Adam Smith this is true only of the Protestant countries. In Roman Catholic countries and England where benefices are rich, the Church is continually draining the universities of all their ablest members. In Scotland and Protestant countries abroad, where a chair in a university is generally a better establishment than a benefice, by far the greater part of the most eminent men of letters have been professors. Wealth of Nations, v. 1, iii. 3. at Aetat. 07.] Libelling the dead. 15 at Oxford, and there would be grander living sources of instruction. I mentioned Mr. Maclaurin's' uneasiness 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 represented as being subject to fits of yawning so 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 redress could be obtained, even when a man's deceased relation was calumniated in a publication. Mr. Murray maintained there should be reparation, unless the author could justify himself by proving the fact. JOHNSON. 'Sir, it is of so much more consequence that truth should be told, than that individuals should not be made uneasy, 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 interest, or at least hurt in his mind but the law does not regard that uneasiness which a man feels on having his ancestor calumniated3. That is too 1 1 See Boswell's Hebrides, Aug. 17, 1773. 2 Dr. Goldsmith was dead before Mr. Maclaurin discovered the ludicrous errour. But Mr. Nourse, the bookseller, who was the proprietor of the work, upon being applied to by Sir John Pringle, agreed very handsomely to have the leaf on which it was contained cancelled, and re-printed without it, at his own expence. BOSWELL. In the second edition, published five years after Goldsmith's death, the story remains. In a foot-note the editor says, that 'he has been credibly informed that the professor had not the defect here mentioned.' The story is not quite as Boswell tells it. 'Maclaurin,' writes Goldsmith (ii. 91), 'was very subject to have his jaw dislocated; so that when he opened his mouth wider than ordinary, or when he yawned, he could not shut it again. In the midst of his harangues, therefore, if any of his pupils began to be tired of his lecture, he had only to gape or yawn, and the professor instantly caught the sympathetic affection; so that he thus continued to stand speechless, with his mouth wide open, till his servant, from the next room, was called in to set his jaw again.' 3 Dr. Shebbeare (post, April 18, 1778) was tried for writing a libellous pamphlet. Horace Walpole says :— 'The bitterest parts of the work were a satire on William III and George I. The most remarkable part of this trial was the Chief Justice Mansfield laying down for law that satires even on dead Kings were punishable. Adieu! veracity and history, if the 16 Libelling the dead. [A.D. 1776. nice. Let him deny what is said, and let the matter have a fair chance by discussion. But, if a man could say nothing against a character but what he can prove, history could not be written; for 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 shew some sort of evidence, though he would not require a strict legal proof: but Johnson firmly and resolutely opposed any restraint whatever, as adverse to a free investigation of the characters of mankind'. King's bench is to appreciate your expressions' Memoirs of the Reign of George II, iii. 153. 'What Dr. Johnson has here said, is undoubtedly good sense; 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 case to that effect. In the King's Bench, Trinity Term, 1790, the question occurred on occasion of an indictment, The King v. Topham, who, as a proprietor of a news-paper 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. An arrest of Judgment having been moved for, the case was afterwards solemnly argued. My friend Mr. Const, whom I delight in having an opportunity to praise, not only for his abilities but his manners; a gentleman whose ancient German blood has been mellowed in England, and who may be truely said to unite the Baron and the Barrister, was one of the Counsel for Mr. Topham. He displayed much learning and ingenuity upon the general question; which, however, was not de cided, as the Court granted an arrest chiefly on the informality of the indictment. No man has a higher reverence for the law of England than I have; but, with all deference I cannot help thinking, that prosecution by indictment, if a defendant is never to be allowed to justify, must often be very oppressive, unless Juries, whom I am more and more confirmed in holding to be judges of law as well as of fact, resolutely interpose. Of late an act of Parliament has passed declaratory of their full right to one as well as the other, in matter of libel; and the bill having been brought in by a popular gentleman, many of his party have in most extravagant terms declaimed on the wonderful acquisition to the liberty of the press. For my own part I ever was clearly of opinion that this right was inherent in the very constitution of a Jury, and indeed in sense and reason inseparable from their important function. To establish it, therefore, by Statute, is, I think, narrowing its foundation, which is the broad and deep basis of Common Law. Would it not rather weaken the right of primo-geniture, or any other old and universally-acknowledged right, should the legislature pass an act in favour of it? In my Letter to the People of Scotland, against diminishing the number of the Lords of Session, On Aetat. 67.] The Roman Catholick religion. 17 On Thursday, April 4, having called on Dr. Johnson, I said, it was a pity that truth was not so firm as to bid defiance to all attacks, so 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 dispute that two and two make four: but with contests concerning moral truth, human passions are generally mixed, and therefore it must ever be liable to assault 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, such as indulgencies to priests to have concubines, and the worship of images, not, indeed, inculcated, but knowingly permitted.' He strongly censured the licensed stews at Rome. BOSWELL. So then, Sir, you would allow of no irregular intercourse whatever between the sexes?' JOHNSON. To be sure I would not, Sir. I would punish it much more than it is done, and so restrain it. In all countries there has been fornication, as in all countries there has been theft; but published in 1785, there is the following passage, which, as a concise, and I hope a fair and rational state of the matter, I presume to quote: 'The Juries of England are Judges of law as well as of fact, in many civil, and in all criminal trials. That my principles of resistance may not be misapprehended any more than my principles of submission, I protest that I should be the last man in the world to encourage Juries to contradict rashly, wantonly, or perversely, the opinion of the Judges. On the contrary, I would have them listen respectfully to the advice they receive from the Bench, by which they may be often well directed in forming their own opinion; which, 'and not another's,' is the opinion they are to return upon their oaths. But where, after due attention to all that the Judge has said, they are decidedly of a different opinion from him, they have not only a power and a right, but they are bound in conscience to bring in a verdict accordingly.' BOSWELL. The World is described by Gifford in his Baviad and Mæviad, as a paper set up by 'a knot of fantastic coxcombs to direct the taste of the town.' Lowndes (Bibl. Man. ed. 1871, p. 2994) confounds it with The World mentioned ante, i. 257. The 'popular gentleman' was Fox, whose Libel Bill passed the House of Lords in June 1792. Parl. Hist. xxix. 1537. there 18 Frailty in women. [A.D. 1776. 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 absurd to argue, as has been often done, that prostitutes are necessary to prevent the violent effects of appetite from violating the decent order of life; nay, should be permitted, in order to preserve the chastity of our wives and daughters. Depend upon it, Sir, severe laws, steadily enforced, would be sufficient against those evils, and would promote marriage.' I stated to him this case: Suppose a man has a daughter, who he knows has been seduced, but her misfortune is concealed from the world? should he keep her in his house? Would he not, by doing so, be accessray to imposition? And, perhaps, a worthy, unsuspecting man might come and marry this woman, unless the father inform him of the truth.' JOHNSON. 'Sir, he is accessary to no imposition. His daughter is in his house; and if a man courts her, he takes his chance. If a friend, or, indeed, if any man asks his opinion whether he should marry her, he ought to advise him against it, without telling why, because his real opinion is then required. Or, if he has other daughters who know of her frailty, he ought not to keep her in his house. You are to consider the state 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 houses without suspicion. I once debauched a friend's daughter. I may debauch yours." Mr. Thrale called upon him, and appeared to bear the loss of his son with a manly composure. There was no affectation about him; and he talked, as usual, upon indifferent subjects'. He seemed to me to hesitate as to the intended Italian tour, on Baretti, in a marginal note on Piozzi Letters, i. 311, says :-' Mr. Thrale, who was a worldly man, and followed the direction of his own feelings with no philosophical or Christian distinctions, having now lost the strong hope of being one day succeeded in the profitable Brewery by the only son he had left, gave |