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 vicious intromission. The court of session had gradually relaxed the strictness of this principle, where the interference proved had been inconsiderable. In a case1 which came before that court the preceding winter, I had laboured to persuade the judge 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 assist me in my application to the court for a revision and alteration of the judgment, he dictated to me an argument [which will be found in the ED. Appendix].

The reader will see with what comprehension of mind, and clearness of penetration, he treated a subject altogether new to him, without any other preparation than my having stated to him the arguments which had been used on each side of the question. His intellectual powers appeared with peculiar lustre, when tried against those of a writer of such fame as Lord Kames, and that too in his lordship's own department.

This masterly argument, after being prefaced and concluded with some sentences of my own, and garnished with the usual formularies, was actually printed and laid before the lords of session, but without success. My respected friend Lord Hailes, how

Wilson against Smith and Armour.-Boswell.

ever, one of that honourable body, had critical sagacity enough to discover a more than ordinary hand in the petition. I told him Dr. Johnson had favoured me with his pen. His lordship, with wonderful acumen, pointed out exactly where his composition began, and where it ended. But that I may do impartial justice, and conform to the great rule of courts, Suum cuique tribuito, I must add, that their lordships in general, though they were pleased to call this "a well-drawn paper," preferred the former very inferior petition, which I had written; thus confirming the truth of an observation made to me by one of their number, in a merry mood: "My dear sir, give yourself no trouble in the composition of the papers you present to us; for, indeed, it is casting pearls before swine 1."

199

I renewed my solicitations that Dr. Johnson would this year accomplish his long-intended visit to Scotland.

"TO JAMES BOSWELL, ESQ.

"13th Aug. 1772.

"DEAR SIR,-The regret has not been little with which I have missed a journey so pregnant with pleasing expectations, as that in which I could promise myself not only the gratification of curiosity, both rational and fanciful, but the delight of seeing those whom I love and esteem.

But such has been the course of things, that I could not come; and such has been, I am afraid, the state of my body, that it would not well have seconded my inclination. My body, I think, grows better, and I refer my hopes to another year; for I am very sincere in my design to pay the visit, and take the ramble. In the mean time, do not omit any opportunity of keeping up a favourable opinion of me in the minds of any of my friends. Beattie's book is, I believe, every day more liked; at least, I like it more, as I look more upon it.

[The expression was coarse, but the meaning was correct: the facts and the law only ought to be considered by the judge the verbal decorations of style should be of no weight. It is probable that the judge who made use of this homely phrase was bantering Boswell on some pleading in which there was perhaps more ornament than substance.-ED.]

[ Essay on Truth," of which a third edition was published in 1772.-ED.]

"I am glad if you got credit by your cause, and am yet of opinion, that our cause was good, and that the determination ought to have been in your favour. Poor Hastie, [the schoolmaster], I think, had but his deserts.

"You promised to get me a little Pindar, you may add to it a little Anacreon.

"The leisure which I cannot enjoy, it will be a pleasure to hear that you employ upon the antiquities of the feudal establishment. The whole system of ancient tenures is gradually passing away; and I wish to have the knowledge of it preserved adequate and complete. For such an institution makes a very important part of the history of mankind. Do not forget a design so worthy of a scholar who studies the law of his country, and of a gentleman who may naturally be curious to know the condition of his own ancestors.—I am, dear sir, yours with great affection, "SAM. JOHNSON."

[He this autumn visited Lichfield and Ashbourne, Ed. where it appears from his letters to Mrs. Thrale that he was considerably indisposed.]

["TO MRS. THRALE.

“[Lichfield,] 19th Oct. 1772.

Letters,

vol. i.

"I set out on Thursday night at nine, and arrived at Lich- P 55. field on Friday night at eleven, no otherwise incommoded than with want of sleep, which, however, I enjoyed very comfortably the first night. I think a stage coach is not the worst bed."

I

"Since I came to Ashbourne I have been out of order. was well at Lichfield. You know sickness will drive me to you; so perhaps you very heartily wish me better: but you know likewise that health will not hold me away."

"[Ashbourne,] 23d Nov. 1772. "I cannot yet get well; my nights are flatulent and unquiet, but my days are tolerably easy, and Taylor says that I look much better than when I came hither. You will see when I come, and I can take your word."

"[Ashbourne,] 27th Nov. 1772. "If you are so kind as to write to me on Saturday, the day on which you will receive this, I shall have it before I leave Ashbourne. I am to go to Lichfield on Wednesday, and purpose to find my way to London through Birmingham and Oxford.

Letters, vol. i. p. 68.

"I was yesterday at Chatsworth. It is a very fine house. I wish you had been with me to see it; for then, as we are apt to want matter of talk, we should have gained something new to talk on. They complimented me with playing the fountain, and opening the cascade. But I am of my friend's opinion, that when one has seen the ocean, cascades are but little things."]

“MR. BOSWELL TO DR. JOHNSON.

"MY DEAR SIR,

"Edinburgh, 25th Dec. 1772.

I was much disappointed that you did not come to Scotland last autumn. However, I must own that your letter prevents me from complaining; not only because I am sensible that the state of your health was but too good an excuse, but because you write in a strain which shows that you have agreeable views of the scheme which we have so long proposed.

"I communicated to Beattie what you said of his book in your last letter to me. He writes to me thus: You judge very rightly in supposing that Dr. Johnson's favourable opinion of my book must give me great delight. Indeed it is impossible for me to say how much I am gratified by it; for there is not a man upon earth whose good opinion I would be more ambitious to cultivate. His talents and his virtues I reverence more than any words can express. The extraordinary civilities (the paternal attentions I should rather say), and the many instructions I have had the honour to receive from him, will to me be a perpetual source of pleasure in the recollection,

"Dum memor ipse mei, dum spiritus hos reget artus.'

"I had still some thoughts, while the summer lasted, of being obliged to go to London on some little business; otherwise I should certainly have troubled him with a letter several months ago, and given some vent to my gratitude and admiration. This I intend to do as soon as I am left a little at leisure. Mean time, if you have occasion to write to him, I beg you will offer him my most respectful compliments, and assure him of the sincerity of my attachment and the warmth of my gratitude,' * I am, &c. "JAMES BOSWELL."

In 1773, his only publication was an edition of his folio Dictionary, with additions and corrections; nor did he, so far as is known, furnish any productions of his fertile pen to any of his numerous friends or

dependants, except the Preface to his old amanuensis Macbean's "Dictionary of ancient Geography." His Shakspeare, indeed, which had been received with high approbation by the publick, and gone through several editions, was this year republished by George Steevens, Esq. a gentleman not only deeply skilled in ancient learning, and of very extensive reading in English literature, especially the early writers, but at the same time of acute discernment and ele

gant taste. It is almost unnecessary to say, that by his great and valuable additions to Dr. Johnson's work, he justly obtained considerable reputation:

“Divisum imperium cum Jove Cæsar habet."

[He began this year with a fit of the gout.

"TO MRS. THRALE.

"Tuesday, 26th Jan. 1773.

ED.

Letters,

vol. i.

"Last night was very tedious, and this day makes no pro- p. 71. mises of much ease. However, I have this day put on my shoe, and hope that gout is gone. I shall have only the cough to contend with, and I doubt whether I shall get rid of that without change of place. I caught cold in the coach as I went away, and am disordered by very little things. Is it accident or age?” "19th Feb. 1773.

"I think I am better, but cannot say much more than that I think so. I was yesterday with Miss Lucy Southwell and Mrs. Williams, at Mr. Southwell's. Miss Frances Southwell is not well.

"I have an invitation to dine at Sir Joshua Reynolds's on Tuesday. May I accept it?"]

66

"TO JAMES BOSWELL, ESQ.

"London, 22d Feb. 1773. DEAR SIR,-I have read your kind letter much more than

'He, however, wrote, or partly wrote, an epitaph [see ante, p. 133] on Mrs. Bell, wife of his friend John Bell, Esq. brother of the Rev. Dr. Bell, Prebendary of Westminster, which is printed in his works. It is in English prose, and has so little of his manner, that I did not believe he had any hand in it, till I was satisfied of the fact by the authority of Mr. Bell.-BoSWELL.

[Dr. Johnson's early friend, Mr. Edmond Southwell, third son of the first Lord Southwell, born in 1705, had died in the preceding November, aged 67: the Mr. Southwell, here mentioned, was probably Thomas Arthur, afterwards the fourth lord and second viscount (see ante, vol. i. p. 353). The two ladies mentioned were probably daughters of the first lord: Frances born in 1708, and Lucy born in 1710.-ED.]

VOL. II.