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expressions grow with them. To ex. lator is so often forced to remain infepress ideas that are not our own, in a rior to his author, ought he not to rise way peculiar to ourselves, is almost above him when he can? If it be obfolely the work of art, and this art is jected that such a liberty would dethe more estimable in proportion as generate into licentiousness, I reply, it is concealed. But however much that when the original is well chosen, it may be concealed, we are always the opportunities of correcting or emsensible of its existence, and it is on bellishing it will be very rare, and if this account that we are fond of works they are frequent, the work is not of imitation.

worth the pains of translating. However, while we allow to ori- Another obstacle in the


'of ginal authors the first rank, it would trandators is the timidity that restrains feem that a good translator deserves to them, when,with a little courage, they be placed immediately after, above might equal their model. This courthose authors who have written as rage consists in hazarding new exwell as it is possible to write without pressions, in order to render properly genius. But there is among us a certain lively and nervous expressions kind of fatality annexed to all the of the original; this is indeed a liberty arts which makes us fond of what is which must be used with discretion, foreign. There are some arts which and only when it is necessary ; and we have debased by the most unjust when will it be so? or will it only be prejudices, there are some to which so when the difficulty arises from the we have not paid fufficient respect, and genius of the two languages ? Each the trade of a translator is in the num- has its laws which it is not permitted ber.

to trangress ; but when there is reaIt is not this injustice only which fon to suppose that the author has makes his labours so ungrateful, and hazarded an ingenious expression, it the number of good tranflators so is then we may endeavour to do the small. Although they find in the fame. Now an ingenious expression practice of their art enough of fetters is not a new word suggested by finwhich they cannot shake off, we have gularity or negligence, but the necestaken pleasure to draw those fetters fary and dexterous union of some still closer, in prejudice, it would seem, known terms, in order to give a new of their success and of our own in- idea sufficient energy. This is altereft.

most the only way of making innoThe first yoke that is imposed on vations, which the laws of good writthem, or rather which they impofe ing permit. on themselves, is that of submitting The most indispensable condition to be the copyists rather than the ri- in these new expressions is, that they vals of those authors they translate. bear no marks of constraint, although Superstitiously attached to their origi- they have been occasioned by difficulty. nal, they would think themselves We are sometimes in company with guilty of facrilege, were they to em ingenious foreigners who speak our bellish a sentiment, even in the places language easily and boldly; these, in that need it ; they permit themselves conversation, think in their own lanonly to fall short of their author, and guage, and translate into ours; and we in this they easily succeed. It is often regret that the energetic and just as if an engraver, who copies the fingular terms which they employ, are picture of a great master, should deny not authorized by custom. The conhimself a few slight and gentle touches, versation of such foreigners (supporin order to improve its beauties or ing it correct) is the image of a good to shade its defects. Since the trans- translation. The original ought to



fpeak our language, not with that ful in Virgil, but so vapid in all tranfsuperstitious and scrupulous acca- tions ? The wise precept of Horace, racy which we observe in our mother to abandon what we cannot treat with tongue; but with that noble free- success, is as applicable to translation dom which is able to borrow from as to the other kinds of writing. one language, expressions that may Our learned men would find a con. embellish another. The tranflation liderable advantage in thus tranflating, will then have all the qualities that in detached parcels, certain works make it valuable, an easy and natural which contain sufficient beauties to air, the stamp of the genius that cha- make the fortune of many a translaracterises the original, and at the same tor who is possessed of taste and geume that taste of the soil which the nius. For instance, how agreeable foreign seasoning will naturally give it. would it be to have Seneca and Lu

Thus, good translations will be the can thus compressed and abridged by furest and most ready means to en- an able translator ? Seneca is excelrich a language. They will multi- lent to quote, but tedious to read ply good models, they will assist us in through; he winds incessantly and judging of the characters of writers, with a brilliant rapidity round the of ages and nations; they will shew fame object; differing in this from us the manners that distinguish uni- Cicero, who advances steadily but versal and absolute taste from that fowly to his purpose. Lucan is the which is national and particular. Seneca of poets; he is full of manly

The third arbitrary law to which and real beauties, but he is too deciatranslators submit is the ridiculous matory, too monotonous, too full of obligation they think themselves un- maxims, and too devoid of images. der to translate their author from be. The writers who deserve to be transginning to end. Hence the transa- lated entire, are those who please by tor, jaded and disgusted in the weak their very negligence, such as Plus places, languishes afterwards in the tarch in his Lives, where quitting his happier passages. Aod indeed, why subject, and taking it up again at every should one torment himself to expreis instant, he converses with his reader, a false thought elegantly, or a known but never tires him. idea with taste? It is not to make What I have just proposed leads me known the faults of the ancients that to a reflection which indeed is but rethey are translated, but to enrich the motely connected with the matter in literature of our country with their hand, but which may be useful. Asmall beauties. To tranilate them by piece- number of authors is put into the meal, is not to mutilate them, it is to hands of children at school, and a paint them in profile and to advan- very small part of these is taught tage. What pleasure can we receive them. Their memories are loaded from a translation of that part of the with the good, bad, and indifferent of Eneid where the harpies are repre- that small part, and, thanks to the sented running away with the dinner taste of the preceptors, the true beauof the Trojans ; from that of the hilly ties are those which are least pointed and sometimes grofs pleasantries of out to them. Would it not be infiCicero; or from those passages of an nitely more profitable to choose, in historian that present nothing interest- the different works of each author, ing, either in matter or ftile? Why the most excellent passages, and to transplant into one language what teach children only thole parts that has no charms but in another, such deserve to be retained by this means as the precepts of agriculture, and the they would make their own, not all descriptions of pastoral life, so delight- the thoughts of the antients, but all


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their best thoughts. They would the works of the antients, and a toral know the character and stile of a great exemption from any fuperftitious remany authors, and they would have verence for them. He ought not to the advantage of adorning their minds resemble that ridiculous admirer of while they were forming their taste. Homer, who, having resolved to unSuch a collection, if judiciously made, derline every thing he thought excelwould perhaps not be very great, and leor in the works of that great poet, the ordinary time allotted for educa- found at the end that he had undertion would be sufficient to render it liped the whole book. Could such familiar. I cannot fufficiently exhorta man flatter himself with feeling the fome able man to undertake it, but true beauties of Homer, or would such a person ought to possess two Homer have been flattered with the qualities which are not often found praise of such an admirer? anited, a profound acquaintance with

of Duelling. From Dr Boyd's Justice of Peace.

of the peace, as well as an of- ange idea of the legislature to supfence against religion and morality, pofe, that the king couli give a lifalls under the jurisdiâion of the cence to some of his subjects to murjuftices of peace. The origin of this der each other with impunity, while practice, and the di Terent aspects it others of them might be hanged for has aflumed, according to the vary. the same offence; and it was still ing features of our public law, will ftranger to suffer themselves to be be briefly noticed in the sequel. We betrayed into the foolish imagination, shall begin here with the statutes en that the punishment could have any acted for preventing or punishing it. durable or extensive effect, while

The first statute which properly duelling was made a crime, not from regards the punishment of duelling, its nature, but from the mere acci. is the AA Parl. 1600, cap. 12. which dent of its being permitted, or not prohibits any person in time-coming permitted by the sovereign. This from fighting any single combat with- was degrading a moralduty, of which out the King's licence, under the pain the obligation was eternal, into a mere of death, and confiscation of move- creature of law, and making that to ables : The provoker is to be pu- depend upon the positive and mutual nished by a more ignominious death enactments of the legislature, which than the defender, at the pleasure of was founded on the nature of things, his majesty.–The preamble of the and the invariable principles of right. statute sets forth, thạt great incon- The genius of the age, however, as veniencies had been engendred with- will be noticed afterwards, affords in the realm, by the great liberty some excuse for this otherwise unwhich fundry persons took in provo- just and arbitrary exception; and the king others to single combat, upon itatute in every other respect, as it sudden and frivolous quarrels. This was demanded by the violence of the act, if executed, was certainly suf- times, so was it also agreeable to the ficient of itself to restrain these de- principles of justice; it was, indeed, structive practices, though, perhaps, just at the same time, and necessary. Bothing less than a capital punish- The second, and the only other




Scottish statute on the subject, is the revolting in the idea of preventing, Aa Parl, 1696, Cap. 35. which e- by legal precautions, what may be nacts, “ That whoever, principal or productive of such fatal effects, as second, or other interposed person, duelling may produce, and too fregives a challenge to fight a duel, or quently produces. Lagle combat, or whosoever accepts The law of England is much the the same, or whosoever, either prin- fame upon the subject with the law cipal or second, on either side, enga- of Scotland. For, in all duelling in ges therein, albeit no fighting ensue, cold blood, not only the principal Thall be punished by the pain of ba- who actually kills the other, but also nishment and efcheat of moveables, his feconds, are guilty of murder, without prejudice to the act already whether they fought or not. And made againit the fighting of duels, the seconds of the parties flain are which his majesty, with consent fore- likewise guilty, as accessories, ist faid, hereby ratifies and confirmas.” Hawk. 82. The mere fighting, tho'

Belides these express laws, which, none of the parties be killed, at least from many circumstances, have been iu a public place, is punishable by greatly relaxed, the prevention of fine and imprisonment: And the duelling falls particularly under the same punishment may be inflicted uppower of the Justices, as they are in on the sender and bearer of a chala particular manner empowered to lenge, Blackstone, Book 4. And, prevent and punish all breaches of though the law of England, does not the peace, or any thing tending to a hold it be malice prepense, which conbreach of it. And thefe general ftitutes murder, when two parties sudpowers of the Justices of Peace ought denly fall out, bring their weapons, now to be the more carefully exer- and fight in such a field, and one killcifed, as the manners and characters eth the other, because the fetching of of the age have left almost no other the weapons is construed by the law remedy. The method in which to be only a continuance of the sudbreaches of the peace are to be pre- den falling out ; yet, as is expressly vented, has been treated of at large laid down by Lord Coke and Lord in the beginning of this work, and Hale, if there was any deliberation, it is needless here to resume the fub- fuch as an agreement to meet the ject. Only let it be observed, that next day, or even the same day, if the utility of this magistracy can in there were such a competent distance nothing be more fully urfplayed, than of time that deliberation may be prewhile it thus comes into the affift- sumed from it, such fighting is then ance of expiring laws, and prevents to be held as murder. 3d Inft. 51. that which these laws are become ift Hale's Hift. 453. too feeble to punish. Nothing can Notwithstanding, however, that be more honourable to the magiftra- this offence of duelling is esteemed so cy than such a diftinction ; and no. heinous by the law of England, the thing more disgraceful to the magis. manners there also have triumphed otrate, than a neglect of those powers yer the law; and duelling, according with which he is legally vested, and ly, is either never prosecuted at all, of which, even the manners of the or the jury mitigates the severity of times have not in the smallest degree the law, by bringing it in manslaughdeprived him. For, though our ter, or frequently acquits entirely the minds may recoil from the idea of perfon accused. In England, thereinflicting capital punishments upon fore, as well as in Scotland, since the those who, in these times, may have punishment has grown almost obso. fought a duel, yet there is nothing lete, we have to look for the preven

tion tion of duelling chiefly in the exer- nother method in use upon very fotions of the magistracy established for lemn occasions. Eft et alia,' says he, preserving the peace. Their efforts, obfervatio aufpiciorum, qua graviand their efforts almost solely, can um Bellorum eventus explorant; ejus ftop the progress of this rampant mif- gentis cum qua bellum est, captivum chief, by binding parties over to the quoque modo interceptum, elešto popeace, under severe penalties, whe- pularium fuorum, patriis quemque arther pecuniary or corporal. This mis committant; victoria hujus vel part of their duty requires, indeed, illius pro præjudicio accipitur.' Tagreat exertion, and great attention and cit. de Mor. Germ. care ; but their labours must be fully From this superstitious fource all recompensed by the honour which at the various modes of trial, by fingle tends such signal services to the com- combat, the ordeal, and such like, munity.

feem evidently to have flowed ; while Duels,' says Sir George M-Ken- the imagination was fondly nourishzie, in the following elegant passage, ed, that the Deity would not fail to

are but illuitrious and honourable interpose, in an extraordinary manBurders. This is that imperious ner, for the purpose of bestowing viccrime which triumphs over both pub- tory upon the side of justice. It was lic

revenge and private virtue, and not, however, till the more complete tramples proudly both upon the law establishment of the feudal fyftem in ef the nation, and the life of our ene- Europe, that the practice of duelling my. Courage thinks law here to be was authorised by the public sanction but pedantry, and honour persuades of law. The laws of the Lombards men that obedience here is coward- first regulated it by twenty several liness.

determinations, which were adopted "We find,' continues he, 'no such either in form or in substance, by the crime as this among the Romans, be- other nations of Europe. Philip the cause that wise nation employed their Fair King of France, also, in the lives againt their enemies, and not year, 360, made many regulations with against their fellow-citizens; and the regard to duelling, which he ordained true trial of courage among them was to be allowed under the four following fighting against the enemies of Rome. heads : 1. That it should be allowed Mackenzie's Crimin. part I. Tit. 12. only in criminal and capital cases : It becomes, thus, a matter of very 2. And in crimes treacherously comconsiderable importance, and it is al: mitted, where the truth could not oso much connected with the subje&t of therwise be discovered : 3. Where this work, to trace the practice of strong presumptions lay against the duelling up to its origin, and to exa- perfon provoked: 4. Where it was mine whether it be founded upon any certain such a crime was committed just principle. This we shall endea- against the provoker. Our old law, vour to perform as briefly as is con- too, has many regulations on this fiftent with accuracy.

head, which it behoves us shortly to Duelling owes its birth to the ju- notice. dicial combat; and the judicial com- The determination of civil as well bat can be traced to a very high an- as criminal cales, was, in Scotland, tiquity among the northern nátions. anciently entrusted to the sword. This appears from the following pas- Thus, by Reg. Maj. lib. 2. cap. 16. {age in Tacitus, who, after having verse 47. which is entitled “Of Dowgiven an account of the other auspi- rie, or an reasonable Terce,' it is orLes practised among the Germans, dained, that .gif the heire denyes proceeds to observe, that they had a- all the wife's right and clame, and


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