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At this time it appears from his “ Prayers and Meditations,” that he had .1772. been more than commonly diligent in religious duties, particularly in reading Ærat. 73. the holy scriptures. It was Passion Week, that folemn season which the Christian world has appropriated to the commemoration of the mysteries of our redemption, and during which, whatever embers of religion are in our breasts, will be kindled into pious warmth.

I paid him short visits both on Friday and Saturday, and seeing his large folio Greek Testament before him, beheld him with a reverential awe, and would not intrude upon his time. While he was thus employed to such good purpose, and while his friends in their intercourse with him constantly found a vigorous intellect and a lively imagination, it is melancholy to read in his private register, “My mind is unsettled and my memory confused. I have of late turned my thoughts with a very useless earnestness upon past incidents. I have yet got no command over my thoughts; an unpleasing incident is almost certain to hinder my rest 7.” What philofophick heroisin was it in him to appear with such manly fortitude to the world, while he was inwardly so diftressed! We may surely believe that the mysterious principle of being “made perfect through suffering,” was to be strongly exemplified in him.

On Sunday, April 19, being Easter-day, General Paoli and I paid him a visit before dinner. We talked of the notion that blind persons can distinguish colours by the touch. Johnson said, that Professor Sanderson mentions his having attempted to do it, but that he found he was aiming at an impossibility : that to be sure a difference in the surface makes the difference of colours; but that difference is so fine, that it is not sensible to the touch. The General mentioned jugglers and fraudulent gamesters, who could know cards by the touch. Dr. Johnson said, “the cards used by such persons must be less polished than ours commonly are.”

We talked of founds. The General said, there was no beauty in a simple sound but only in an harmonious composition of sounds. I presumed to differ from this opinion, and mentioned the soft and sweet sound of a fine woman's voice. Johnson. “ No, Sir, if a serpent or a toad uttered it, you would think it ugly.” Boswell. “ So you would think, Sir, were a beautiful tune to be uttered by one of those animals.” Johnson. “No, Sir, it would be admired. We have seen fine fidlers whom we liked as little as toads,” (laughing).

Talking on the subject of taste in the arts, he said, that difference of taste was, in truth, difference of skill. Boswell. “But, Sir, is there not a quality

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Prayers and Meditations, p. ill.

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called

1772.

Ætat. 63.

called taste, which consifts merely in perception or in liking? For instance, we find people differ much as to what is the best style of English composition. Some think Swift's the best; others prefer a fuller and grander way of writing.” Johnson. “Sir, you must first define what you mean by style, before you can judge who has a good taste in style, and who has a bad. The two classes of persons whom you have mentioned don't differ as to good and bad. They both agree that Swift has a good near style; but one loves a neat ftyle, another loves a style of more splendour. In like manner, one loves a plain coat, another loves a laced coat; but neither will deny that each is good in its kind.”

While I remained in London this spring, I was with him at several other times, both by himself and in company. I dined with him one day at the Crown and Anchor tavern, in the Strand, with Lord Elibank, Mr. Langton, and Dr. Vansittart of Oxford. Without specifying each particular day, I have preserved the following memorable things.

I regretted the reflection in his Preface to Shakspeare against Garrick, to whom we cannot but apply the following passage: “I collated such copies as I could procure, and wished for more, but have not found the collectors of these rarities very communicative.” I told him, that Garrick had complained to me of it, and had vindicated himself by assuring me, that Johnfon was made welcome to the full use of his collection, and that he left the key of ic with a servant, with orders to have a fire and every convenience for him. I found Johnson's notion was, that Garrick wanted to be courted for them, and that, on the contrary, Garrick should have courted him, and sent him the plays of his own accord. But, indeed, considering the Novenly and careless manner in which books were treated by Johnson, it could not be expected that scarce and valuable editions should have been lent to him.

A gentleman having to some of the usual arguments for drinking added this : “ You know, Sir, drinking drives away care, and makes us forget whatever is disagreeable. Would not you allow a man to drink for that reason?" Johnson. “ Yes, Sir, if he fat next you.

I expressed a liking for Mr. Francis Osborn's works, and asked him what he thought of that writer. He answered, “A conceited fellow. Were a man to write so now, the boys would throw stones at him." He however did not alter my opinion of a favourite authour, to whom I was first directed by his being quoted in “ The Spectator," and in whom I have found much shrewd and lively sense, expressed indeed in a style somewhat quaint, which, however, I do not disike. His book has an air of originality. We figure to ourselves an ancient gentleman talking to us.

When

When one of his friends endeavoured to maintain that a country gentleman 1772. might contrive to pass his life very agreeably, “Sir, (said he,) you cannot Ætat. 63. give me an instance of any man who is permitted to lay out his own time, contriving not to have tedious hours." This observation, however, is equally applicable to gentlemen who live in cities, and are of no profession.

He said, “ there is no permanent national character ; it varies according to circumstances. Alexander the Great swept India: now the Turks sweep Greece.”

A learned gentleman who in the course of conversation wished to inform us of this simple fact, that the Counsel upon the circuit at Shrewsbury were much bitten by fleas, - took, I suppose, seven or eight minutes in relating it circumstantially. He in a plenitude of phrase told us, that large bales of woollen cloth were lodged in the town-hall;—that by reason of this, fleas nestled there in prodigious numbers ;—that the lodgings of the Counsel were near to the town-hall ;-—and that those little animals moved from place to place with wonderful agility. Johnson sat in great impatience till the gentleman had finished his tedious narrative, and then burst out, “ It is a pity, Sir, that you have not seen a lion; for a flea has taken you such a time, that a lion must have served you a twelvemonth $.”

He would not allow Scotland to derive any credit from Lord Mansfield ; for he was educated in England. “ Much (faid he,) may be made of a Scotchman, if he be caught young."

Talking of a modern historian and a modern moralist, he said, “ There is more thought in the moralist than in the historian. There is but a shallow stream of thought in history.” Boswell. “But surely, Sir, an historian has reflection.” Johnson. “ Why yes, Sir; and so has a cat when she catches a mouse for her kitten. But she cannot write like the moralist; neither can the historian.”

He said, “ I am very unwilling to read the manuscripts of authours, and give them my opinion. If the authours who apply to me have money, I bid them boldly print without a name; if they have written in order to get money,

I tell them to go to the booksellers, and make the best bargain they can.” Boswell. “ But, Sir, if a bookseller should bring you a manuscript to look at.”-Johnson. “ Why, Sir, I would desire the bookseller to take it away.

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• Mrs. Piozzi, to whom I told this anecdote, has related it, as if the gentleman had given “ the natural history of the mouse." Anecdotes, p. 191.

I mentioned

1772. I mentioned a friend of mine who had resided long in Spain, and was Arat. 63. unwilling to return to Britain. JOHNSON. “Sir, he is attached to fome

woman.” Boswell. “ I rather believe, Sir, it is the fine climate which keeps him there.” Johnson. “Nay, Sir, how can you talk so? What is climate to happiness? Place me in the heart of Asia, should I not be exiled ? What proportion does climate bear to the complex system of human life. You may advise me to go and live at Bologna to eat sausages. The sausages there, are the best in the world; they lose much by being carried.”

On Saturday, May 9, Mr. Dempster and I had agreed to dine by ourselves at the British coffee-house. Johnson, on whom I happened to call in the morning, said, he would join us, which he did, and we spent a very pleasant day, though I recollect but little of what passed.

He said, “ Walpole was a minister given by the King to the people : Pitt was a minister given by the people to the King, -as an adjunct.”

« The misfortune of Goldsmith in conversation is this: he goes on without knowing how he is to get off. His genius is great, but his knowledge is small. As they say of a generous man, it is a pity he is not rich; we may fay of Goldsmith, it is a pity he is not knowing. He would not keep his knowledge to himfelf.”

Before leaving London this year, I consulted him upon a question purely of Scotch law. It was held of old, and continued for a long period, to be an established principle in that law, that whoever intermeddled with the effects of a person deceased, without the interposition of legal authority to guard against embezzlement, should be subjected to pay all the debts of the deceased, as having been guilty of what was technically called vitious intromision. The Court of Session had gradually relaxed the strictness of this principle, where the interference proved had been inconsiderable. In a case' which came before that Court the preceding winter, I had laboured to persuade the Judges to return to the ancient law. It was my own sincere opinion, that they ought to adhere to it; but I had exhausted all my powers of reasoning in vain. Johnson thought as I did; and in order to asist me in my application to the Court for a revision and alteration of the judgement, he dictated to me the following argument:

“ 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

9 Wilson against Smith and Armour.

dictated

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dictated by reason; and that the practice of every legal Court is regulated by 1772.
equity. It is the quality of reason to be invariable and constant; and of Ærat. 63.
equity, to give to one man what, in the fame 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.

“ To permit a law to be modified at discretion, is to leave the community
without law. It is to withdraw the direction of that publick wisdom, by
which the deficiencies of private understanding are to be supplied. It is to
suffer the rafh and ignorant to act at discretion, and then to depend for the
legality of that action on the sentence of the Judge. He that is thus governed,
lives not by law, but by opinion : not by a certain rule to which he can apply
his intention before he acts, but by an uncertain and variable opinion, which
he can never know but after he has committed the act on which that opinion
shall be passed. He lives by a law (if a law it be,) which he can never know
before he has offended it. To this case may be justly applied that important
principle, misera eft fervitus ubi jus est aut incognitum aut vagum. If Intromif-
fion be not criminal 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 conse-
quence, are jura incognita ; and the result can be no other than a misera
Servitus, an uncertainty concerning the event of action, a servile dependance
on private opinion.

“ It may be urged, and with great plausibility, that there may be Intromillion 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 falutary 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 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

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