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markind. As it is, we find they do
not always agree; but what would it
be where the rule of right would al-
ways be the private opinion of the
Judge, as to the moral fituels and con-
venience of the claim? That excel-
lent Judge, Lord Chief Juttice Lee,
uted always to ask the consfel, after
his argument was over, "Have you
any case?" I hope Judges will always
copy the example.

No. IX, of Curiofities found in Herculaneum.

With respect to inventors, I can fee no real and capital difference between them and authors; their merit is equal, they are equally beneficial to fociety. All the Judges who have been of a different opinion, confcious of the force of the objection from the fimilarity of the claim, have told your Lordfhips, they did not know but that an action would lie for the exclufive property in a machine at common law. It is indeed extraordinary, that they fhould think, that a right that never was heard of could be fupported by an action that never yet was brought. If there be fuch a right at common law, the Crown is an ufurper; but there is no fuch right at common law, which declares it a monopoly.

If there be any thing in the world common to all mankind, fcience and learning are in their nature publici juris, and they ought to be as free and general as air or water. Thofe favoured mortals, thofe fublime fpirits, who fhare that ray of divinity which we call genius, are intrusted by Providence with the power of imparting to their fellow.creatures that inftruction which heaven meant for univerfal benefit. Glory is the reward of fcience, and thofe who deferve it fcoin all meaner views. I fpeak not of the feribblers for bread, who teaze the prefs with their wretched productions; fourteen years is too long a privilege for their perishable trash. It was not for gain that Bacon, Newton, Milton, Locke, inftructed and delighted the world When the bookfeller offered Milton 51. for his Paradife Loft, he did not reject it, and commit his poem to the flames, nor did he accept the miferable 'pittance as the reward of his labour; he knew that the real price of his work was immortality, and that pofterity would pay it."

His Lordfhip concluded with feveral obfervations on the ftatute of Q. Anne, in which he took notice that the old copies were entitled to 21 years, and the new ones but to 14, and faid, that if the leg dature had intended to make the

right perpetual, they would have taken
care that the remedy fhould be so too.
(To be continued.)

Plate IX. of Curicfities found in the
Ruins of Herculaneum.
THIS is one of a great variety of pic-

tures all in the fame taste, of which we have already exhibited a Ipecimen, Vol. XLIII. Some have fuppofed, that the painter intended, by these litthe boys, to r prefent the education of children, and their various exercises; others, that they are intended to reprefent the genii, or patrons, of the feveral arts to which they teem to have reference. In this Plate, one of the boys is in a poiture of dancing, and holds in his hand a cleft thick, or flit reed, which, according to the editors of the Antichità d'Ercolano, were uted in the wanton dances of the ancients. Macrobius finds fault with the custom of the Romans in fending their fons and daughters to the dancing school, in the words of Scipio Africanus: "The fons and daughters of gentlemen learn to dance with perfons of the most infamous characters. When it was told me, I could not believe that men of fashion would have their children taught fuch things: but when I came into the dancing-fchool, I faw more than 500 boys and girls; and among them a young gentleman, the fon of a candidate for a high office in the state, not less than 12 years of age, dancing with crotala, a dance which the ureanest flave could not practice with decency." Such, according to this anthor, were the boys who danced with crotala; by which, according to our tranflators, are meant cleft canes or fticks. It is not improbable hur that thofe dances were in the nature of our failors dances, commonly called ho npipes, in which a flender flick or cane is a principal inftrument at this day.

The other boy is fitting to his head, with both his hands, a wreath of myrtle, with which the former is already crowned, and with which, it is probable, this laft is crowning himfelt, in order to join his companion, who is holding out his hand by way of invi tation. Crowns of myrtle, fay the editors already mentioned, belonged to the Cupids, fons of Venus. In gene ral the myrtle is the emblem of mirth and pleasure, from its poffeffing the fancied property of making people laugh who hold it in their mouths. He, therefore, who chofe a life of chaf tity, abhorred the myrtle,

Mr.

[graphic][subsumed]

A Fragment of Hiftory relative to the Revolution.

Mr. URBAN,

Herewith fend you part of a letter from Dr. Rofe, Bishop of Edinburgh, to Bishop Campbell, at London, which is the more curious, as I have never seen it noticed in any collection of papers, or hiftory of the times to which it refers. It accounts for the conduct of the Scots EPISCOPAL CLERGY at the REVOLUTION, and for the fuppreffion of the order of Bishops in that kingdom. From this letter, likewise,it may fairly be inferred, that, if the Scots Bishops had followed the example of their brethren in England, Epifcopacy would not only have been TOLERATED but ESTABLISHED in Scotland; and that K. William would have been much better pleased to have countenanced the Bishops there than the Prefbyterians, if the Bishops would have undertaken to have fupported his caufe. But from the perufal of the original, the reader will naturally draw his own conclufion.

Y. D.

I am, Sir, Yours, &c. Dr. Rose, Bishop of Edinburgh, to Bishop CAMPBELL, at London. October 22d, 1713.

BEcaufe you defire a fhort history

of my own proceedings and conduct when in London, at the late revolution, I fhail, for your fatisfaction and that of others, fet down a short and plain fum of it, which is as follows.

When in October 1688, the Scots Bishops came to know the intended invafion by the Prince of Orange, a good many of them being then at Edinburgh, meeting together, concerted and fent up a loyal addrefs to the King. Afterwards, in November, finding that the Prince was landed, and foreseeing the dreadful convulfions that were like to enfue, and not knowing what damages might arife thence both to church and itate, refolved to fend up two of their number to the King, with a renewed tender of their duty; inftructing them alfo to wait on the Bishops of England for their advice and affiftance, in cafe that any unlucky thing might poffibly happen to occur with refpect to our church : this refolution being taken, it was reprefented by the two Archbishops to his Majefty's Privy Council, (in which the Lord Perth fat as Chancellor) and was agreed to and approved of by them. Whereupon, at the next meeting of the Bishops, it was not thought fit, even by the Archbishops

GENT. MAG. April, 1774

153

themselves, that any of them (though they were men of the greatest ability and experience) fhould go up, as being lefs acceptable to the English Bishops, from their having confented to the taking off the fanguinary laws against the Papists, and fo that undertaking was devolved over upon Dr. Bruce, Bishop of Orkney, and me; he having fuffered for not agreeing to that project, and I not concerned, as not being a Bishop at that time; and accordingly a commiffion was drawn up and figned for us two, December 3d, 1588. The Bishop of Orkney promifing to come back from that country in eight or ten days time, that we night journey together, occafioned my tay; but when that time was elapfed, I had a letter from him, fignifying that he had fallen very ill, and defiring me to go up poft, as foon as I could, promifing to follow as foon as health would ferve: whereupon I took poft, and in a few days coming to Northallerton, where hearing of the King's having left Rochefter, I ftood doubtful with myself, whether to go forward or return; but confidering the various and contradictory accounts I had got all long upon the road, and that, in cafe of the King's retirement, matters would be fo much the more dark and perplexed, I refolved to go on, that I might be able to give jult accounts of things to my brethren here, from time to time, and have the advice of English Bishops, whom I never doubted to find unalterably firm to their maßler's intereft. And as this was the occafion of my coming to London, fo by reafon of the continuance of the Bishop of Orkney's illness, that difficult task fell to my fhare alone.

'The next day after my arrival at London, I waited on the Archbishop of Canterbury, (to whom I had the honour to be known, fome three years before) and after my prefenting, and his Grace's reading, my commiffion, his Grace faid that matters were very dark, and the cloud fo thick or grofs that they could not fee through it; they knew not well what to do for themselves, and far lefs what advice to give me; that there was to be a meeting of Bishops with him that day, and defired me to fee him a week thereafter. I next waited on the then Bishop of St. Afaph, (being my acquaintance alfo) who treated me in fuch a manner that I could not but fee through his inclinations; wherefore I refolved to

visit

154

A Fragment of History relative to the Revolution.

visit him no more, nor to address my-
felf to any others of that order, till [
hould have occasion to learn fome-
thing father about them: wherefore
the week thereafter I repaired again to
Lambeth, and told his Grace all that
had paffed between St. Afaph and me,
who filing replied, that St. Asaph
was a good man, but an angry man,
and withall told me, that matters ftiil
continued dark, and that it behoved me
to wait the iffue of their convention,
which he fufpected was only that which
could give light, and open the scene;
but witha'l defired me to come to him
from time to time, and if any thing
occurred, he would fignify it to me.,
In that wearifome teafon, (wearifome
to me, because acquainted with few,
fave thofe of our own countrymen,
and of those I knew not whom to truft)
I waited on the Bishop of London,
and entreated him to fpeak to the
Prince, to put a stop to the perfecutions
of our clergy, but to no purpose. I
was alfo with the then Dr. Burnet,
upon the fame defign, but with no fuc-
cefs, who told me he did not meddle
in Scots affairs. I was alfo earnestly
defired by the Bishop of London, and
the then Vifcount of Taibat, and fome
other Scots Peers, to wait upon the
Prince, and to prefent him with an
addrefs upon that head. I asked whe-
ther I or my addrefs would readily
meet with acceptance or fuccefs, if it
did not compliment the Prince upon
his defcent, to deliver us from popery
and flavery: they faid that was abfo-
lutely neceffary. I told them I was
neither inftructed by my constituents to
do fo, neither had I myself clearness
to do it, and that in thefe terms I nei-
ther could or would either vifit or ad-
drefs his Highness. In that feafon allo
I had the honour to be acquainted,
and feveral times vifited the worthy
Dr. Turner, Bithop of Ely, whofe
conversation was very useful to me,
and every way agreeable. And be
fides thefe Bishops already mentioned,
I had not the honour to be acquainted
with any other, and thus the whole
time of the convention was passed off,
excepting what was fpent in neceffary
duties, and vifiting our countrymen,
even until the day that the dark scene
was opened by the furprising vote of
addication; on which I went over to
Lambeth what paffed there betwixt
his Grace and me (being all private)
'tis both needlefs, and would be very
tedious, and perchance not to very

proper to write it. In the clofe, I told his grace that I would make ready to go home, and only wait on his Grace once more before I took my journey.

While I was making my vifits of leave to my countrymen, I was furprizingly told that fome two or three of them, attempting to go home without paffes, were the first stage stopt upon the road, and that none were to expect paffes without waiting on the Prince. Whereupon I repaired again to Lambeth, to have his Grace's advice, who confidering the neceflity of that compliment agreed to iny making it. Upon my applying to the Bishop of London to introduce me, his Lordihip afked ine whether I had any thing to fay to the King (fo was the file in England then); I replied I had nothing to fay, fave that I was going for Scotland, being a member of the convention; for I understood that without waiting on the Prince, (that being the moft common Scots file) I could not have a pafs, and that without that, I muft needs be topt upon the road, as feveral of my countryman had been. His Lordship afked me again, faying, Seeing the clergy have been, and are fo routed, and barbarously treated by the Prefbyterians, will you not speak to the King to put a flop to that, and, in favour of your own clergy? My reply was, that the Prince had been often applied to in that matter by feveral of the nobility, and addreffed alfo by the fufferers themselves, and yet all to no purpose, wherefore I could have no hopes that my interceffions would be of any avail; but if his Lordship thought otherwife, I would not decline to make them. His Lordship afked me farther, whether any of our countrymen would go along with me, and fpoke partly of Sir George Mackenzie? I replied I doubted nothing of that, whereupon his Lordship bid me find him out, that both he and I should be at court that day, against three in the afternoon, and that he would furely be there to introduce us; all which (I having found Sir George) imparted to him, who liked it very well, and faidet was a good occafion, and wished that feveral of our nobility might be adver tifed by us to be there alfo; to which I replied, that I doubted much, whether coming in a body, he (the Prince) would give us accefs; and that our nobility would be much offended at us, if, coming to court upon our invitation,

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