THE MONTHLY ANTHOLOGY, FOR FEBRUARY, 1805. For the Monthly Anthology. FLORIAN. plains, that when we lay down LA HARPE is certainly too Milton, we don't remember to fevere on Florian. He gives him little praife. For myfelf, I admire the fweet harmonious profe of the French Goldsmith. He is fo gentle, fo pure, fo full of naiveté, that you are forry when dinner or company oblige you to lay down the book. Florian feems to have been a perfect gentleman; the moment you addrefs him, you become acquainted with him; you are at home with fo eafy, fo refined a man, whofe actions are all grace, and his words fweeter than the wild bee's buz. La Harpe has not treated him well, though he awkwardly contrives to pay him a compliment on what he is capable of doing. Surely, he could not write a better paftoral, than his own Galatea, if he were to labour for years; and why will you fuppofe, that a hero is equal to the achievements of Du Guefclin, when he acknowledges, that he is contented if he can fecure his castle from plunder, and defend his daughters from violence. I always love that writer, who never fatigues me. Johnfon com take him up again. Now this is never the cafe with Goldsmith and Gefner. Whoever loves nature loves thefe writers; and I am afraid I should think badly of that man's heart, who did not like Florian. His tales are pleafant, like the ftories of a gallant man, who had lived among knights, and had fought at tourn aments, where there were ladies and the daughters of princes. I do not mean his Spanish, or his English or French tale; but his Gonfalvo de Cordova and his Numa Pompilius. In these he often foars to the dignity of epick, and always fuftains a full, manly deportment. I do not believe he was made to be commanding in heroick fong; yet his courtesy and noblenefs always attract, and make me do him reverence. His little poems, paftorals, &c. are however my chief delight. These are sweet, chafte, full of rural life and manners. They abound with a kind of unknown beauty, like the peculiar fragrance of a wild wood rofe, or like the fong of Cowper's Talk in early morn ing. I wish I could perfuade my friends to read them. I would learn French, if it were only to read Florian; and though La Harpe has condemned him, yet MR. EDITOR, he is guilty in company with Shakespeare, "nature's darling child"; and with Milton, the pride of fcience, and the pomp of fong. For the Monthly Anthology. PAPERS ON DUELLING. PLEASE to infert from Rawley's 3d edition of Refufcitatio, THE DECREE OF THE STAR-CHAMBER, AGAINST DUELS. THIS day was heard and debated at large, the feveral matters of informations here exhibited by Sir Francis Bacon knight his majefties attorney general, the one against William Prieft gentleman, for writing and fending a letter of challenge, together with a stick, which should be the length of the weapon, and th' other against Richard Wright Efquire for carrying and delivering the faid letter and stick unto the party challenged, and for other contemptuous and infolent behaviour used before the juftices of the peace in Surrey at their feffions, before whom he was convented. Upon the opening of which caufe his highness faid attorney general did first give his reafon to the court, why in a cafe which he intended should be a leading cafe, for the repreffing of fo great a mischief in the common-wealth, and concerning an offence which raigneth chiefly amongst perfons of honour and quality, he should begin with a cause which had paffed between fo mean perfons as the defendants feemed to be; which he said was done, because he found this caufe ready published: and in fo growing an evil, he thought good to lofe no time, whereunto he added, that it was not amifs fometimes to beat the dog before the lyon, faying further, that he thought it would be fome motive for perfons of birth and countenance to leave it, when they faw it was taken up by base and mechanical fellowes, but concluded: that he refolved to proceed without refpect of perfons for the time to come, and for the prefent to fupply the meannefs of this particular cafe by infifting the longer upon the general point, No. 5. Wherein he did first express unto the Court, at large, the greatness and dan gerous confequence of this prefumptuTM ous offence, which extorted revenge out of the magiftrates hand, and gave boldness to private men to be law-givers to themselves, the rather because it is an offence that doth justifie it self against the law, and plainly gives the law an affront; defcribing alfo the miserable effect which it draweth upon private families by cutting off young-men otherwife of good hope, and chiefly the lofs of the king and common-wealth, by the cafting away of much good blood, which being spent in the field upon occafion of service were able to continue the renown, which this kingdome hath obtained in all ages, of being efteemed victorious. Secondly, his majefties faid attorneygeneral did difcourfe touching the caufes and remedies of this mischief, that prevailed fo in these times, fhewing the ground thereof to be a falfe and erroneous imagination of honour and credit, according to the term, which was given to thofe duels, by a former proclamation of his majesties, which called them bewitching duels, for that it is no better than a kind of forcery, which enchanteth the fpirits of young-men, which bear great minds with a fhew of honour in that which is no honour indeed, being against religion, law, moral vertue, and against the prefidents and examples of the best times, and valianteft nations of the world, which though they excelled for prowefs and military vertue in a publique quarrel, yet knew not what these private duels meant: faying further, that there was too much way and countenance given unto thefe duels by the courfe that is held by noble-men and gentlemen in compounding of quartells who ufe to ftand too punctually upon conceits of fatisfactions, and diftinctions, what is before-hand, and what behind hand, which do but feed the humour adding likewife that it was no fortitude to fhew valour in a quarrel, except there were a juft and worthy ground of the quarrel; but that it was weakness to set a mans life at fo mean a rate, as to bestow it upon trifling occafions, which ought to be rather offered up and facrificed to honourable fervices, publique merits, good cauíes, and noble adventures, and as concerning the remedies, he concluded: that the only way was, that the state would declare a conftant and fettled refolution to mafter and put down this prefumption in private men, of whatfoever degree, of righting their own wrongs, and this to doe at once, for that then every particular man would think himself acquitted in his reputation, when that he fhall fee that the ftate takes his honour into their hands, and standeth between him and any intereft, or prejudice, which he might receive in his reputation for obeying; whereunto he added likewife, that the wifeft and mildest way to fupprefs thefe duels, was rather to punish in this Court all the acts of preparation, which did in any wife tend to the duels, (as this of challenges and the like) and fo to prevent the capital punishment, and to vex the root in the branches, than to fuffer them to run on to the execution, and then to punish them capitally, after the manner of France, where of late times gentlemen of great quality, that had killed others in duel, were carried to the gibbet with their wounds bleeding, leaft a natural death fhould keep them from the example of justice. Thirdly his majesties faid attorney general did, by many reafons. which he brought and alledged, free the law of England from certain vain and childish exceptions, which are taken by these duellifts: The one, because the law makes no difference in punishment between an infidious and foul murther, and the killing of a man upon challenge and fair terms, as they call it. Th'other for that the law hath not provided ufficient punishment, and reparation for contumely of words, as the lye, and the like, wherein his majefties faid attorney-general did fhew, by many weighty arguments and examples: that the law of England did confent with the law of God, and the law of nations in both those points, and that this diftinction in murther between foul and fair, and this grounding of mortal quarrels upon uncivil and reproachful words, or the like difgraces, was never authorised by any law, or ancient examples, but it is a late vanity crept in from the practice of the French, who themselves fince have been fo weary of it, as they have been forced to put it down with all feverity. : Fourthly, his majefties faid attorney general did prove unto the Court by rules of law and prefidents; that this Court hath capacity to punish sending and accepting of challenges, though they were never acted nor executed; taking for a ground infallible, that wherefoever an offence is capital or matter of fellony, if it be acted and performed, there the confpiracy, combination, or practice tending to the fame offence is punishable as a high mifdemeanour, although they never were performed. And therefore that practife to impoifon though it took no effect, and the like, have been punished in this Court and cited the prefident in Garnons cafe, wherein a crime of a much inferiour nature, the fuborning and preparing of witneffes, though they never were depofed, or depofed nothing material, was cenfured in this Court, whereupon he concluded, that for as much as every appointment of the field is in law but a combination of plotting of a murther, howfoever men might guild it: that therefore it was a cafe fit for the cenfure of this Court, and therein he vouched a prefident in the very point, that in a cafe between Wharton plaintiff, and Elerker and Acklam defendants. Acklam being a follower of Elerker had carried a challenge unto Wharton, and although it were by word of mouth, and not by writing, yet it was feverely cenfured by the Court; the decree hav◄ ing words, that fuch challenges do tend to the fubverfion of government: and therefore his majefties attorney willed ́the standers by to take notice that is was no innovation that he brought in, but a proceeding, according to former prefidents of the Court, although he propofed to follow it more throughly then had |