"His propensity to fatire was fo checked with difcretion, that his friends never dreaded their becoming the object of it."

This fentence is the very extreme of all that is mean and pitiful; nor reducible to the grammatical rules of any one language ever known at Babel.

"His wit, to ufe the expreffion of one who knew him well, and who was himself a good judge, could not be laid fo much to be very refined or elevated, qualities apt to beget jealoufy and apprehenfion in company, as to be a plain, gaining, wellbred, recommending kind of wit.'"

Here is a fine exemplification of the poet's cenfure,

"And ten low words oft creep in one dull line," with a fuperabundance of native and adventitious meanness, both in compofition and phrafeology. Nor does the next fen. tence at all difparage it's predeceffor in quitting the fame pitiful and groveling character of diction.

"And though perhaps he talked more than strict rules of behaviour might permit, men were fo pleafed with the affable, communicative deportment of the monarch, that they always went away contented, both with him and themselves. This indeed is the most fhining part of the king's character; and he seems to have been fenfible of it: for he was fond of dropping the formality of ftate, and of relapfing every moment into the companion."

No congruity of figure feems to fubfift between dropping and relapfing; especially between dropping in the active fenfe, and relapfing in the paffive, with application to the fame fubject. Befides a quality in the former claufe, (the formality of state) required a quality, not a perfon, (the campanion) for correfpondence in the latter: but how can we expect thefe delicate conistencies of fine writing from fuch a miferable artif as David Hume?

In the duties of private life, his conduct, though not free from exception, was, in the main, laudable. He was an eafy generous lover, a civil obliging hufband, a friendly brother, an indulgent father, and a good-natured mafter. The voluntary friendship, however, that this prince contracted, nay, even his fenfe of gratitude, wire feeble; and he never attached himself to any of his minifters or courtiers with a fincere affection. He believed them to have no motive in ferving him, but self-intereft; and he was ftill ready, in his turn, to facrifice them to prefent cafe or convenience." Nothing particularly exceptionable occurs in these fentences; but, at the fame

time, nothing, that can claim the most diftant alliance with dignity or elegance ; nothing, but what the most humble adventurer in letters might eafily have written.

"With a detail of his private character we must fet bounds to our panegyric on Charles."

Not much detail and lefs panegyric, of fuch a confpicuous, experienced, and peculiar character, as that of Charles, has been given in the preceding fentences: fo that the words in queftion feem employed with no difcrimination on this occafion.

"The other parts of his conduct may admit of fome apology; but can deferve fmall applaufe."

Both idiom and harmony demanded"but fmall applaufe:" this, however, the preceding but profcribed. Thus then might the paffages have been tumed, I think, with more neatnefs and propriety; though it is much easier to fraine a new paragraph, than to model the language and conftruction of another writer.

"With the commendation of his private character mult we finish our praife of Charles. If his public conduct admit apology, it can deferve but finall applaufe"

"He was indeed fo much fitted for private life, preferably to public, that he even poffeffed order, frugality, and economy, in the former; was profufe, thoughtless, and negligent in the latter.”

The words in Italics are either fuperfluous or mean: nor is an adequate oppo. fition difcoverable between order and economy, thoughtless and negligent; as the character of the fentences required. No writer of the least dexterity could have. failed in fuch an obvious and attainable proportion.

When we confider him as a fovereign, his character, though not altogether destitute of virtue, was in the main dangerous to his people, and difhonourable to himfelf. Negligent of the interefts of the nation, carelefs of its glory, averfe to its religion, jealous of its liberty, lavish of its treasure, fparing only of its blood; he expofed it by his meafures, though he ever appeared but in fport, to the danger of a furious civil war, and even to the ruin and ignominy of a foreign conqueft. Yet may all thefe enormities, if fairly and candidly examined, be imputed, in a great meafure, to the indolence of his temper; a fault which however unfortunate in a momarch, it is impoffible for us to regard with great feverity."

The laft fentence alone, of all that have yet occurred, is entitled to approbation : it is perfpicuous and pure, without vulgarity, without affectation, without redundancy,

"It has been remarked of Charles, that he never said a foolish thing, nor ever did a wife one: a cenfure which, though too far carried, seems to have fome foundation in his character and deportment."

Why this perpetual loquacity and incompactnefs? Suppofe thus: "a cenfure too fevere, but not unauthorised by fome peculiarities in his deportment."

"When the king was informed of this faying, he obferved, that the matter was eafily accounted for: for that his difcourfe was his own, his actions were the miniftry's."

Exceed this, Vulgarity and Infipidity? if ye can. O ye admirers of David Hume, give me, as fpecimens of style, a fingle page in MILTON, or the controver. fial works of MIDDLETON, in preference to all the volumes, metaphyfical and hiftorical, by this object of your idolatry! GILBERT WAKEFIELD.

Hackney, April 14, 1799.

To the Editor of the Monthly Magazine.

SIR,

QUESTION of very great importance A in the CRIMINAL LAW has been put in your Magazine:-Whether there be any cafe in which killing, in what is called a fair duel, has been ADJUDGED MURTHER, and has had a CONVICTION of MUR. THER pronounced upon it.

I

There are many cafes where the JUDGES have stated to the JURY, and indeed they almost always (perhaps always) do state, upon thefe unhappy occafions, that killing, on a deliberate fet CHALLENGE is MURTHER; but I know not one in which there has been a Conviction of Murther, which has not turned upon other circumftances of malice, than merely the general implied malice which the conftruction of the Law annexes to the Act of Duelling. The cafe of Major Oneby, Tr. 13 G. I. and G. II. is perhaps the neareft. The parties there, having quarrelled at a gaming table, and the deceafed having offered to make it up, they ftaid an hour together in company, and immediately after fought, upon a verbal challenge given by the prifoner. The deceafed received a mortal wound. The prifoner was left upon a Special Verdict to the opinion of all the Judges on his cafe. The Twelve Judges were unanimous, that the facts found upon the Special Verdict amounted to Murther. He was accordingly fentenced and a pretty ftrong application was made in his behalf to his late Majefty on his acceffion. But the King declared," that the Judges baving pronounced the prifoner guilty of

:

Murther, the law must take its courfe." The night before his intended execution, the prifoner committed fuicide.

But this cafe had ftrong circumftances beyond the duel. It had an act of great violence and infult; the throwing of a bottle at the head of the deceased. It had expreffions of contempt, and of murtherous hatred, after the offer of reconciliation made by the young man who fell in the duel. It had a circumftance in proof of the continuance of this ftate and difpofition of mind, and of the deliberate pur-' pofe of gratifying this hatred, to the very infant before the duel. For thefe reafons, which the Judges declare exprefsly to have weighed with them in their refolution, I think this cannot be confidered as coming up to an Adjudication and Conviction of Murther; for the killing of another in what is called a fair duel, with no other malice in evidence than what the conftruction of law attaches to the A&t itself of Homicide on fet challenge, abstracted from any other circumstances.

Within thefe very few days, I have learnt that there has been a conviction at the laft

EXETER Affizes of Murther, founded on homicide, in a duel. I am wholly ignorant what the facts are in that cafe; and

if I were otherwife, it would be improper to anticipate what remains for folemn determination. What I have here faid, is

without reference to that cafe; and in anfwer merely to the question as stated in the abstract. I remain yours fincerely,

Trofton, Apr.16, 1799. CAPELLOFFT.

Small Stereotype Edition of Virgil by Didot.

If a faultlefs Edition of a Work of confiderable quantity be poffible, I had hope that at last it was effected. This elegant little Edition has proofs of uncommon attention to correctness. Yet one fault of the Prefs has already ftruck me: and I am forry to fay, that it is of the Errata graviora, as it violates at once quantity and mythology,

"Teque fibi generum Thetis emat omni-
bus undis."
I GEORG. 39.

It is neceffary to fay for Tethys.

If we happily were at peace, I fhould have taken tice, to have intimated the error. a method more delicate than by this public no I have found no other yet which is not fairly referable to a various reading; though not every where the reading which I thould have expected to have feen preferred. But in this no Editor can fatisfy every individual. Lord Raymond, 1485, 1500.-S. C. Strange.

C. L.

with the laudable zeal you have always manifefted to convey instruction, combined with amufement, to the many who perufe your sheets; therefore I send you an account of the TRIENNIAL MONTEM, performed at ETON; the more particularly fo, as the next celebration will take place on the 14th of the enfuing month: and those whom it may fuit, will have an opportunity of feeing this defcription realized, fhould they be as much inclined as myfelf.

The celebration of the Montem is a custom, time immemorial, performed by the scholars of Eton School, near Windfor, formerly duennially, but now trienni ally; i. e. upon the Whit Tuesday in every third year.

It commences by a number of the fenior boys taking poft upon the bridges, or other leading places of all the avenues around Windfor and Eton, foon after the dawn of day.

These youths fo pofted are chiefly the beft figures, and the most active of the students; they are all attired in fancy dreffes, of filks, fatins, &c. and fome richly embroidered, principally in the habits or fafhion of running-footmen, with poles in their hands; they are called Salt bearers, and demand SALT, i. e. a contribution from every paffenger, and will take no denial.

When the contribution is given, which is ad libitum, a printed paper is delivered with their motto, and the date of the year, which paffes the bearer free through all other Salt-bearers for that day; and is as follows, viz.

"Pro more et monte,

1799,*

Vivant Rex et Regina." Thefe youths continue thus collecting their SALT at all the entrances for near feven miles round Windfor and Eton, from the dawn of day until about the clofe of the proceffion, which is generally three o'clock in the afternoon.

The proceffion commences about twelve o'clock at noon, and confifts of the Queen's and other bands of mufic; feveral standards borne by different ftudents; all the Etonian boys two and two, dressed in officers' uniforms; thofe of the King's foundation wearing blue, the others fcarlet uniforms, fwords, &c.

The Grand Standard Bearer.

The Captain, or Head Boy of Eton School,
The Lieutenant, or Second Boy.

His Majefty, attended by the Prince of Wales, and other male branches of the royal family on horfe back, with their fuite.

Or whatever the year may be.

The Proceffion commences in the Great

Square at Eton, and proceeds through Eton to Slough, and round to Salt Hill, where the boys all pafs the King and Queen in review, and afcend the Montem;

here an oration is delivered, and the Grand Standard is difplayed with much grace and activity by the Standard Bearer, who is generally felected from among the senior boys.

There are two extraordinary Salt-bearQueen, who are always attired in fanciful ers appointed to attend the King and habits, in manner of the other Salt-bearers already defcribed, but fuperbly embroidered; thefe Salt-bearers each carry an the royal falt, but alfo whatever is collectembroidered bag, which not only receives ed by the out-ftationed Salt-bearers.

The donation of the King and Queen, or, as it is called upon this occafion, the royal falt, is always fifty guineas each; the Prince of Wales thirty guineas; all the other Princes and Princeffes twenty guineas each.

As foon as this ceremony is performed, the royal family return to Windfor. The boys are all fumptuously entertained at the Tavern at Salt Hill, and the beautiful gardens at that place are laid out for fuch ladies and gentlemen as chufe to take any refreshments, the different bands of of mufic performing all the time in the gardens.

About fix o'clock in the evening, all the boys return in the faire order of proceffion as in the morning, (with the exception only of the royal family), and marching round the Great Square in Eton School, are difmiffed. The Captain then pays his refpects to the royal family at the Queen's Lodge, Windfor, previous to his departure for King's College, Cambridge; to defray which expence, the produce of the Montem is prefented to him; and upon Whit- Tuesday in the year 1796, it amounted to more than one thoufaud guineas.

The day concludes by a brilliant difplay of beauty, rank, and fashion, a promenade on Wind for Terrace, bands of mufic performing, &c.; and the fcene highly enlivened and enriched by the affable condefcenfion of the royal family, who indifcrirade the Terrace till nearly dark. minately mix with the company, and pa

April 20th, 1799.

P. A. S.

ENQUIRER, No. XVII. QUESTION. What is the conflitutional freedom of the press in England, and how may it beft be preferved?

Yet philofophic love of ease
I fuffer not to prove disease,
But rife up in the virtuous caufe
Of a free prefs, and equal laws.

THE

GREEN.

HE freedom of the prefs, or, more comprehensively, the freedom of publication, is a topic which from its high importance has engaged the tongues and pens of Englishmen, ever fince they have been free and enlightened enough to difcufs matters of public concern. Though at all times interefting, at different periods it has proved differently fo; but perhaps there never was a time in which the courfe of events has rendered it fo important as the present. The liberty of writing, by fome looked upon with fear and abhor. rence, by others regarded as the only means of extricating mankind from their prefent troubles, and producing fafe and lafting reforms; abolished in fome countries, clofely reftricted in others, and fufpiciously watched in all; now peculiarly claims the fober and intelligent fupport of its remaining friends. I fhall therefore venture to call the attention of the readers of the Monthly Magazine to a few confiderations on this fubject, which, if not novel, may however suggest some ideas of practical utility.

I fhall begin with admitting that thofe who have affumed, as a principle of free government, the unlimited licenfe of publicly difcuffing all topics, in which the welfare of fociety is concerned, have fpoken upon theory merely, and are as yet unfupported by experience as to the utility, or even the practicability of their fyftem; for in no country, ancient or modern, as far as my knowledge extends, has there exifted fuch an unbounded liberty. At the fame time, the effects of an approach towards this principle have been fuch as to give probability to their arguments in its favour; for it cannot be denied, that in exact proportion to the exercife of fuch a liberty, fcience, truth, public fpirit, and all that we deem moft valuable among mankind, have spread and flourished. Nor am I acquainted with an inftance in which this indulgence has produced any serious evils in a country governed, like ours, on a plan correfpondent to the withes and habits of a majority of its inhabitants. Exifting authority, if exerted with any decent regard MONTHLY MAG. No. XLIV.

to the general good, will always have not only power, but opinion, on its fide; and when the appeal is made to the people on any point, through the medium of the prefs, it is fufficiently evident which party will moft poffefs the advantage of rewards to engage advocates, and of opportunities to circulate their pleas.

But I mean not to dwell longer on thefe general ideas. My purpofe is to confider the freedom of the prefs as exifting in this country, and defined by her laws. Juftice Blackstone has faid, that in England every freeman has an undoubted right to lay what fentiments he pleases before the public." This would appear as extenfive as the most zealous advocate for a free prefs could defire; but he immediately fubjoins, that " if he publishes what is improper, mifchievous or illegal, he muft take the confequence of his own temerity." (Blackft. Comm. book iv, ch. 11.) We now feem to have loft all we had before gained; for what is a right for the exercife of which a man may be punished? But if there is an apparent inconfiftency in the language of these two claufes, there is none in the meaning. Its purport is, that there exifts no law in this country, as in many others, against the meer act of publishing a book without previous permiffion, and that its peculiar nature and effects alone are the objects of legal enquiry. It is obvious, however, that a li berty thus circumfcribed may be reduced to nothing real in exertion; for if I have reafon to believe that what I wish to pub lith will in fact fubject me to severe punifhment, my " temerity" must be great indeed to induce me to undergo the hazard. Yet it must be acknowledged that this mode of reftriction is lefs injurious to the caufe of freedom, though more hazardous to individuals, than the mode of fubmitting works to the judgment of a cenfor before publication. Thefe cenfors being always appointed by the ruling powers, it is evident that all difcuffion thought dangerous to established doctrines and institutions will be ftrangled in the birth. Here, it may have attained its object before the author or publishers fhall have been marked for profecution. Moreover, a cenfor would fupprefs many fentiments, which a public accufer would not choofe to profecute. Of this we have fufficient proof in the only inftance of licensing practised among us, that for the ftage. What trifling objections have been made in that department against paffages which would have attracted no notice in a pamphlet or a newspaper? M m

Farther,

Farther, where the decifion is committed to juries, conviction depends chiefly upon the fpirit of the times. If that is favourable to free enquiry, in vain fhall an officer of the crown declaim on the wicked and dangerous defigns of an author. The juror, bound by no determinate rules of judging, may view the matter in a totally different light; and may in his own mind applaud, as a laudable employment of reafon and argumeut, what the minifter of power may confider as criminal prefump

tion.

Not contefting, then, the propriety of making, as is done with us, authors and publishers refponfible for the works they offer to the public eye, I fhall next confider the mode in which fuch works, when of a fufpected tendency, are to be brought to the bar of the country for the purpose of undergoing the ordeal which is to give the ftamp of innocence or guilt. In this matter there are two objects in view-to fupprefs the progrefs of a dangerous publication, and to punish thofe by whofe fault it has been circulated. Both thefe intentions concur in the perfon of the au thor; and perhaps, alfo, of his publisher, who may, if he pleafes, require adequate proof of the character of a work to which he is to ftand in a peculiar relation. But the first only, namely the fuppreffion, feems to regard the mere vender, who, in common cafes, cannot reafonably be fuppofed to have made particular enquiry

inte the merit of a book of which he receives a few copies in the way of trade. That there fhould be a power of stopping it in his hands, and preventing him by the fear of future refponfibility from contributing to its further circulation, is obviously effential to that end of public utility which is the foundation of the whole procefs; but why fhould a power exift of inflicting more evil than the cafe demands, or of making that vindictive, which ought to be only remedial? Here then, it would appear, that the first fixed point fhould be established; and that the profecutor of a libel should be obliged to call upon the author and publisher, when known and avowed perfons, in preference to, and exclufively of, the common vender. But it must be confeffed that this matter is not fo clear as on a curfory view it would feem. That advanced state of society to which we owe our refinements in civilization has, in this, as in innumerable other inftances, fuggefted the practice of fo many tricks and evafions, that the real culprit might efcape, while the thunders of the law were spending themselves upon

imaginary or impaffible beings. An author may be one of Curl's garreteers, compofing in a cock-loft whence his landlord has taken away the ladder of communication, in order to fecure his weekly rent. The publisher may be an inmate of Newgate or the Rules, defended by poverty against fines, and by want of shame against the pillory. And both these gentlemen may be fet to work by the fnug reputable fhop-keeper. I believe, therefore, that the honourable part of the profeffion, fenfible of the existence of fuch practices among the difhonourable, are ready to acquiefce in the neceffity of the general refponfibility of bookfellers with respect to all the works which pafs through their hands in their way to the public. The confequences of this legal principle they know to be highly ferious; but they trust to the good fenfe and juftice of their countrymen to render them as little mischiev

ous

as poffible. This important confideration well deferves to be fully opened, and placed in the cleareft light.

The power of felecting at pleasure its victims in a profecution for libel may, it is evident, be abused by government so as to become an engine of the moft grievous oppreffion, and even to render the whole bufinefs of publishing fo infecure, as to reduce it to mere connivance. Suppofe a work of dubious character, but of confiderable literary merit, to be fent abroad with its. author's name. Cautious book fellers for a time refuse to admit it into their shops; but obferving, that weeks and months elapfe without any notice of it from the Attorney General-that it is honoured with replies by writers known to be attached to, or employed by Governmentthat it is warmly cenfured, indeed, but read and quoted, perhaps in the great fenate of the nation-they begin to fuppofe that it is confidered as within the limits of free difcuffion; and yielding at length to the importunity of their customers, procure copies of it for common fale.. Meantime, the crown officers keep their eyes open-the law winks, but does not fleep and obnoxious perfons are closely watched till they are fairly got into the net. Then, on a fudden, come informations, indictments, profecutions, and all the apparatus of legal warfare; and while the whole body of bookfellers are within reach of the battery, it is directed against thofe only whom vengeance, not particular delinquency, point out as objects of deftruction. I fpeak here folely upon fuppofition; yet in the cafe of the publication of the Rights of Man how nearly was it re

alized?