28.-.

29.-.

[THE following complete list of THE CLUB (referred to in p. 212), with the dates of the elections of all the members, and of the 30.deaths of those deceased, from its foundation to the present times, and the observations prefixed and annexed, have been obligingly furnished to the editor by Mr. Hatchett, the present treasurer.

"THE CLUB was founded in 1764, by Sir Joshua Reynolds and Dr. Samuel Johnson, and for some years met on Monday evenings. In 1772 the day of meeting was changed to Friday; and about that time, instead of supping they agreed to dine together once in every fortnight. during the sitting of parliament.

In 1773, the Club, which soon after its foundation consisted of twelve members, was enlarged to twenty; March 11, 1777, to twenty-six; November 27, 1778, to thirty; May 9, 1780, to thirty-five; and it was then resolved that it never should exceed forty.

"It met originally at the Turk's-head, in Gerrard-street, and continued to meet there till 1783, when their landlord died, and the house was soon afterwards shut up. They then removed to Prince's, in Sackville-street; and on his house being soon afterwards shut up, they removed to Baxter's, which afterwards became Thomas's, in Dover-street, In January, 1792, they removed to Parsloe's, in St. James's-street; and, on Feb→ ruary 26, 1799, to the Thatched-house in the

Mar.

31.-1778, Dec.

32.-.

33.-.

34.-.

Sep. 30, 1811.
May 9, 1803.
Aug. 14, 1794.
Aug. 4, 1799.

Jan. 20, 1779.

Apr. 17, 1794.

Aug. 11, 1785

May 18, 1795.

Sep. 13, 1806.

. Sir Charles Bunbury,
Bart.

Mar. 31, 1821.

May 27, 1802.

Jan. 22, 1800.

Jan 26, 1794.

July 17, 1790.

July 7, 1806.

Feb. 23, 1800.

July 7, 1816.

. Dr. George Fordyce
George Steevens, Esq.
Edward Gibbon, Esq.
Adam Smith, Esq.
Dr. Thomas Bernard,
Bishop of Limerick
Rev. Dr. Joseph War-

ton

Richard Brinsley Shér

idan, Esq.

Earl of Upper Ossory Feb. 1, 1818. . Rt. Rev. Dr. Richard

Marley, Bishop of
Waterford

John Dunning, Lord

July 2, 1802.

Aug. 28, 1783.

Edmond Malone, Esq. 38.- Mar. 5. Rev. Thomas Warton Apr. 2. The Earl of Lucan 41.-1784, Feb. 10. Sir William Hamilton Apr. 6, 1803 Apr. 16. Richard Burke, Esq. 42.- . Feb. Viscount Palmerston Apr. 16, 1802 43.-. . Feb. 17. Chas. Burney, Mus. D. Apr. 12, 1214. 45.-1786, May 9. The Earl of Macartney Mar. 31, 1806 Dec. 23. Richard Warren, M. D. Jun 22, 1797. 46.-1788, Dec. 22. John Courtenay, Esq. Mar. 24, 1816. 47.-1792, Mar. 27. Dr. J. Hinchcliffe,

Dr William Howley withdrew from the club on be- own, which may be best gathered in its native coming Archbishop of Canterbury, Feb. 1829.

by forms of government and modes of religion, and, therefore, those books are necessary and common in some places, which, where different opinions or different manners prevail, are of little use, and for that reason rarely to be found.

among us in adorning books. The old books with wooden cuts are to be diligently sought; the designs were often made by great masters, and the prints are such as cannot be made by any artist now living. It will be of great use to collect in every place maps of the adjacent country, and plans of towns, buildings, and gardens. By this care you will form a more valuable body of ge

tries have been very exactly surveyed, but it must not be expected that the exactness of actual mensuration will be preserved, when the maps are reduced by a contracted scale, and incorporated into a general system.

The king of Sardinia's Italian dominions are not large, yet the maps made of them in the reign of Victor fill two Atlantic folios. This part of your design will deserve particular regard, because, in this, your success will always be proportionate to your diligence. You are too well acquainted with literary history not to know, that many books derive their value from the reputation of the primters. Of the celebrated printers you do not need to be informed, and if you did, might consult Baillet Jugemens des Sçavans. The productions of Aldus are enumerated in the Bibliotheca Græca, so that you may know when you have them all; which is always of use, as it prevents needless search. The great ornaments of a library, furnished for magnificence as well as use, are the first editions, of which, therefore, I would not willingly neglect the mention. You know, sir, that the annals of typography begin with the Codex, 1457; but there is great reason to believe, that there are latent, in obscure corners, books printed before it. The secular feast, in memory of the invention of printing, is celebrated in the fortieth year of the century; if this tradition, therefore, is right, theart had in 1457 been already exercised nineteen years.

"Thus in Italy you may expect to meet with canonists and scholastic divines, in Germany with writers on the feudal laws, and in Holland with civilians. The schoolmen and canonists must notography than can otherwise be had. Many counbe neglected, for they are useful to many purposes, nor too anxiously sought, for their influence among us is much lessened by the reformation. Of the canonists at least a few eminent writers may be sufficient. The schoolmen are of more general value. But the feudal and civil law I cannot but wish to see complete. The feudal constitution is the original of the law of property, over all the civilized part of Europe; and the civil law, as it is generally understood to include the law of nations, may be called with great propriety a regal study. Of these books, which have been often published, and diversified by various modes of impression, a royal library should have at least the most curious edition, the most splendid, and the most useful. The most curious edition is commonly the first, and the most useful may be expected among the last. Thus of Tully's Offices, the edition of Fust is the most curious, and that of Grævius the most useful. The most splendid the eye will discern. With the old printers you are now become well acquainted; if you can find any collection of their productions to be sold, you will undoubtedly buy it; but this can scarcely be hoped, and you must catch up single volumes where you can find them. In every place things often occur where they are least expected. I was shown a Welsh grammar written in Welsh, and printed at Milan, I believe, before any grammar of that language had been printed here. Of purchasing entire libraries, I know not whether the inconvenience may not overbalance the advantage. "There prevails among typographical antiquaOf libraries collected with general views, one will ries a vague opinion, that the Bible had been printhave many books in common with another. ed three times before the edition of 1462, which When you have bought two collections, you will Calinet calls La premiere edition bien averee.' find that you have bought many books twice over, One of these editions has been lately discovered and many in each which you have left at home, in a convent, and transplanted into the French and, therefore, did not want; and when you have king's library. Another copy has likewise been selected a small number, you will have the rest found, but I know not whether of the same imto sell at a great loss, or to transport hither at per-pression, or another. These discoveries are sufhaps a greater. It will generally be more commodious to buy the few that you want, at a price somewhat advanced, than to encumber yourself with useless books. But libraries collected for particular studies will be very valuable acquisitions. The collection of an eminent civilian, feudist, or mathematician, will perhaps have very few superfluities. Topography or local history prevails much in many parts of the continent. I have been told that scarcely a village of Italy wants its historian. These books may be generally neglected, but some will deserve attention by the celebrity of the place, the eminence of the authors, or the beauty of the sculptures. Sculpture has always been more cultivated among other nations than among us The old art of cutting on wood, which decorated the books of ancient impression, was never carried here to any excellence; and the practice of engraving on copper, which succeeded, has never been much employed

ficient to raise hope and instigate inquiry. In the purchase of old books, let me recommend to you to inquire with great caution, whether they are perfect. In the first edition the loss of a leaf is not easily observed. You remember how near we both were to purchasing a mutilated Missal at a high price.

"All this perhaps you know already, and, therefore, my letter may be of no use. I am, howev er, desirous to show you, that I wish prosperity toyour undertaking. One advice more I will give, of more importance than all the rest, of which I, therefore, hope you will have still less need. You are going into a part of the world divided, as it is said, between bigotry and atheism: such representations are always hyperbolical, but there is certainly enough of both to alarm any mind solictious for piety and truth; let not the contempt of superstition precipitate you into infidelity, or the horror of infidelity ensnare you in supersti

tion.-I sincerely wish you successful and happy,
for I am, sir, your affectionate humble servant,
"SAM. JOHNSON.

May 28, 1768.
To F. A. Barnard, Esq."

No. V.

[ARGUMENT in behalf of Hastie, the schoolmaster, prosecuted for undue severity,-referred to (sub 11th April, 1772) p. 296.j

nor enforces his edicts by either death or mutilation. The civil law has wisely determined, that a master who strikes at a scholar's eye shall Be considered as criminal. But punishments, however severe, that produce no lasting evil, may be just and reasonable, because they may be necessary. Such have been the punishments used by the respondent. No scholar has gone from him either blind or lame, or with any of his limbs or powers injured or impaired. They were irregular, and he punished them: they were obstinate, and

he enforced his punishment. But however provoked, he never exceeded the limits of moderation, for he inflicted nothing beyond present pain: "The charge is, that he has used immoderate and how much of that was required, no man and cruel correction. Correction in itself is not is so little able to determine as those who have cruel; children, being not reasonable, can be gov- determined against him-the parents of the offenerned only by fear. To impress this fear is, there- ders. It has been said, that he used unprecedented fore, one of the first duties of those who have the and improper instruments of correction. Of this care of children. It is the duty of a parent; and accusation the meaning is not very easy to be has never been thought inconsistent with parental found. No instrument of correction is more protenderness. It is the duty of a master, who is in per than another, but as it is better adapted to prohis highest exaltation when he is loco parentis. duce present pain without lasting mischief. WhatYet, as good things become evil by excess, cor- ever were his instruments, no lasting mischief has rection, by being immoderate, may become cruel. ensued; and therefore, however unusual, in hands But when is correction immoderate? When it is so cautious they were proper. It has been obmore frequent or more severe than is required ad jected, that the respondent admits the charge of monendum et docendum, for reformation and in- cruelty by producing no evidence to confute it struction. No severity is cruel which obstinacy Let it be considered, that his scholars are either makes necessary; for the greatest cruelty would dispersed at large in the world, or continue to inbe, to desist, and leave the scholar too careless for habit the place in which they were bred. Those instruction, and too much hardened for reproof. who are dispersed cannot be found; those who Locke, in his treatise of education, mentions a remain are the sons of his prosecutors, and are not mother, with applause, who whipped an infant likely to support a man to whom their fathers are eight times before she subdued it; for had she enemies. If it be supposed that the enmity of their stopped at the seventh act of correction, her daugh- fathers proves the justness of the charge, it must ter, says he, would have been ruined. The de- be considered how often experience shows us, that grees of obstinacy in young minds are very differ- men who are angry on one ground will accuse on ent: as different must be the degrees of persever- another; with how little kindness, in a town of ing severity. A stubborn scholar must be correct- low trade, a man who lives by learning is regarded till he is subdued. The discipline of a school ed; and how implicitly, where the inhabitants are is military. There must be either unbounded li- not very rich, a rich man is hearkened to and folcence or absolute authority. The master, who lowed. In a place like Campbell-town, it is easy punishes, not only consults the future happiness for one of the principal inhabitants to make a of him who is the immediate subject of correction, party. It is easy for that party to heat themselves but he propagates obedience through the whole with imaginary grievances. It is easy for them school; and establishes regularity by exemplary to oppress a man poorer than themselves; and justice. The victorious obstinacy of a single boy natural to assert the dignity of riches, by persistwould make his future endeavours of reformation ing in oppression. The argument which attempts or instruction totally ineffectual. Obstinacy, there- to prove the impropriety of restoring him to the fore, must never be victorious. Yet, it is well school, by alleging that he has lost the confidence known, that there sometimes occurs a sullen and of the people, is not the subject of juridical conhardy resolution, that laughs at all common pun-sideration; for he is to suffer, if he must suffer, ishment, and bids defiance to all common degrees of pain. Correction must be proportionate to occasions. The flexible will be reformed by gentle discipline, and the refractory must be subdued by harsher methods. The degrees of scholastic, as of military punishment, no stated rules can ascertain. It must be enforced till it overpowers temptation; till stubbornness becomes flexible, and perverseness regular. Custom and reason have, indeed, set some bounds to scholastic penalties. The schoolmaster inflicts no capital punishments;

1 [See ante, p. 97, 98, n.—ED.]

not for their judgment, but for his own actions. It may be convenient for them to have another master; but it is a convenience of their own making. It would be likewise convenient for him to find another school; but this convenience he cannot obtain. The question is not what is now convenient, but what is generally right. If the people of Campbell-town be distressed by the restoration of the respondent, they are distressed only by their own fault; by turbulent passions and unreasonable desires; by tyranny, which law has defeated, and by malice, which virtue has surmounted."

No. VI.

[ARGUMENT, by Dr. Johnson, in favour of the Scottish law doctrine of " Vicious Intromission,"-referred to (sub 9th May, 1772), p. 300.]

"This, we are told, is a law which has its force only from the long practice of the court; and may, therefore, be suspended or modified as the court shall think proper.

"Concerning the power of the court to make or to suspend a law, we have no intention to inquire. It is sufficient for our purpose that every just law is dictated by reason; and that the practice of every legal court is regulated by equity. It is the quality of reason to be invariable and constant; and of equity, to give to one man what, in the same case, is given to another. The advantage which humanity derives from law is this; that the law gives every man a rule of action, and prescribes a mode of conduct which shall entitle him to the support and protection of society. That the law may be a rule of action, it is necessary that it be known; it is necessary that it be permanent and stable. The law is the measure of civil right; but if the measure be changeable, the extent of the thing measured never can be settled.

66

a remedy for an injury suffered; for injury was warded off.

"As the law has been sometimes administered,

it lays us open to wounds, because it is imagined to have the power of healing. To punish fraud when it is detected is the proper art of vindictive justice; but to prevent frauds, and make punishment unnecessary, is the great employment of legislative wisdom. To permit intromission, and to punish fraud, is to make law no better than a pitfall. To tread upon the brink is safe; but to come a step further is destruction. But, surely, it is better to enclose the gulf, and hinder all access, than by encouraging us to advance a little, to entice us afterwards a little further, and let us perceive our folly only by our destruction.

"As law supplies the weak with adventitious strength, it likewise enlightens the ignorant with extrinsick understanding. Law teaches us to know when we commit injury and when we suffer it. It fixes certain marks upon actions, by which we are admonished to do or to forbear them. sibi bene temperat in licitis, says one of the fathers, nunquam cadet in illicita. He who never intromits at all, will never intromit with fraudulent intentions.

Qui

"The relaxation of the law against vicious intromission has been very favourably represented To permit a law to be modified at discretion, by a great master of jurisprudence', whose words is to leave the community without law. It is to have been exhibited with unnecessary pomp, and withdraw the direction of that publick wisdom, seem to be considered as irresistibly decisive. by which the deficiencies of private understanding The great moment of his authority makes it neare to be supplied. It is to suffer the rash and cessary to examine his position. Some ages ago ignorant to act at discretion, and then to depend (says he), before the ferocity of the inhabitants for the legality of that action on the sentence of of this part of the island was subdued, the utmost the judge. He that is thus governed lives not by severity of the civil law was necessary, to restrain law, but by opinion: not by a certain rule to individuals from plundering each other. Thus, which he can apply his intention before he acts, the man who intermeddled irregularly with the but by an uncertain and variable opinion, which moveables of a person deceased was subjected to he can never know but after he has committed all the debts of the deceased without limitation. the act on which that opinion shall be passed. This makes a branch of the law of Scotland, known He lives by a lay (if a law be), which he can by the name of vicious intromission; and so rignever know before he has offended it. To this idly was this regulation applied in our courts of case may be justly applied that important princi- law, that the most trifling moveable abstracted ple, misera est servitus ubi jus est aut incog- malá fide, subjected the intermeddler to the forenitum aut vagum, If intromission be not crim-going consequences, which proved in many inial till it exceeds a certain point, and that point be unsettled, and consequently different in different minds, the right of intromission, and the right of the creditor arising from it, are all jura vaga, and, by consequence, are jura incognita; and the result can be no other than a misera servitus, an uncertainty concerning the event of action, a servile dependence on private opinion.

"It may be urged, and with great plausibility, that there may be intromission without fraud; which, however true, will by no means justify an occasional and arbitrary relaxation of the law. The end of law is protection as well as vengeance. Indeed, vengeance is never used but to strengthen protection. That society only is well governed, where life is freed from danger, and from suspicion; where possession is so sheltered by salutary prohibitions, that violation is prevented more frequently than punished. Such a prohibition was this, while it operated with its original force. The creditor of the deceased was not only without loss, but without fear. He was not to seek 68

VOL. I.

stances a most rigorous punishment. But this severity was necessary, in order to subdue the undisciplined nature of our people. It is extremely remarkable, that in proportion to our improvement in manners, this regulation has been gradually softened and applied by our sovereign court with a sparing hand.”

"I find myself under a necessity of observing, that this learned and judicious writer has not accurately distinguished the deficiencies and demands of the different conditions of human life, which, from a degree of savageness and independence, in which all laws are vain, passes or may pass, by innumerable gradations, to a state of reciprocal benignity, in which laws shall be no longer necessary. Men are first wild and unsocial, living each man to himself, taking from the weak and losing to the strong. In their first coalitions of society, much of this original savageness is retain

1 Lord Kames, in his "Historical Law Tracts."BOSWELL