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By owls, cocks, and bulls, which he draws on the existing laro, thus run on into error: the wall,
“ Where a civil action shall have been He can make John remember his alphabet all.
brought for the recovery of damages for His kings and his queens tou, their names and
a libel, the defendant is held at full litheir ages,
berty to plead the truth of the facts By hens, devils, and parrots, all perched up
stated in the presumed libel in justificain cages, Thus Henry the Eighth, and the second King
tion; and on proving the facts so to be James,
pleaded, the jury are enabled to withhold, Are " eight hens a hissing," "I two devils in enlarge, or assess, the quantum of dachains."*
mages or recompence, according as the The Hermit of Goldsmith, the Sacires of facts stated in the libel shall more or less
be made apparent; and it also seems now Hecan fix in John's memory as tight as a rope. agreed, that although the defendant shall Voila Midas, the barper so famous in song, have omitted to plead the cruth of the "Oh he did not vane leccel ear to be long." facts, in justification of the libel, yet that Bonaparte was more wicked than Richard of he may give such truth in evidence on Gloster,
trial, in mitigation of dan nyes. It may When he call'd this great teacher a wretched
be observed by the way, that Dr. Jones impostor,
has overlooked the decisions wherein In his vile Moniteur; but John Bullis far wiser, He knows how to value this friendly adviser;
this important point has been ruled. The Who science, mnemonics, and poetry)
Doctor cites Underwood v. Parks, 2 Sır. , teaches,
1200, but see Earl of Leicester 1. Walke By cramming bank-notes in the fobs of his er, 2 Camp. N. P. 251, and other cases, breeches,
particularly Lake 7. Harton, Hob. 253. And easing good John of the load of his riches.) and Anony. 11 Mod. 99." And again,
in p. 163, the reviewers repeat their er
ror: “Of the concise compilation by Dr. To the Editor of the Monthly Magazine. Jones we are spared the necessity of saya SIR,
ing much, and we have already noticed I HAVE to request of you the favour of his overlooking the cases, by which it bas 1 permitting me to inake, through the been decided that in a civil action the liberal mediuni of your publication, a truth of a libel may be given in evidence short statement of law, in answer to a in mitigation of dainages." . gross instance of ignorance exhibited by But the fact is, that I have not over. the legal reviewers in their fugitive stric. looked any case in print; and that it has tures on my treatise “ De Libellis Fan pot heen decided in the cases referred to mosis, or law of Libels," in the Legal Re- by the reviewers, nor in any other cases, view, N. 1. Art. 12.
tliat the truth of a libel may be given in The passage which gave offence to the evidence in mitigation of damages. In reviewers is the observation in italics at the case of the Earl of Leicester o. Wala the close of the following quotation, which ker, which was an action for a libel states the law as it relates to defence in plea, not guilty: "the desendant's coun. an action for a libel, pp. 52 and 53. De sel proposed to call witnesses to prove, in Lib. Fam. “Plea 1. The general issue mitigation of damages, that before, and in this action is Not Guilty, or a denial of at the tiine, of the publication of the lithe libel. %. Justification, which admits bel, there was a general suspicion of the of the publishing of the libel stated, but plaintiff's character and habits; that it justifies so doing because it is true this was generally rumoured that such a charge matter must be pleaded specially, for the bad been brought against hiin, and that, defendunt will not be permitted to give it his relations and former acquaintances in evidence on the general issue."
bad ceased to visit him. Best, serjeant, The editors of the Legal Review, in for the plaintiff, objected to the admissia contradiction to this correct statement of bility of this evidence. Shepherd, serjeant, The associations by which the names
- and Abbot, contra. The facts to be and dates of Henry the Eighith and James
proved do not amount to a complete justifi. the Second are to be remembered.
cation. Therefore they may be given in + The delightful and appropriate asso
evidence under the general issue, &c. ciation of sounds, by which the professor
The witnesses were accordingly exateaches liis pupils to remember the lines:
inined,” 2 Camp. N.P.R. 251. " Man wants but little here below,
The case of Lake v. Hatton has been Nor wan's that little long."
taken notice of in my publication in its MUNTILY Mag, No. 247.
proper place, page 5; and in Anony. 11 this sublime study, and places Ariadne Mod. 99, ibe language of Holc, Cn. J. is with her 7 JOV (éier chabod) her a mere repetition of the last case, “a crown of glory among the stars. man may justify in an action upon the It is reinarkable that Beker, with the case, for words or for a libel; otherwise same radicals, is an Ox; and this, with in an indictment."
the siinilitude of Beóz to Booles, when But these cases referred to by the re- astronomy passed from Thrace (whither viewers state the practice of special plead- it had been carried by the Phænicians) ing, not of evidence; and corroborate my into Greece, mav have occasioned Bacposition that the truth must be pleaded chus (Bakkar-Bcôz), the strong.inquirer, specially, for the defendant will not be to be called Bobles, Bowins, the ore permitted to give it in evidence on the driver. general issue. The reviewers, however, It appears to me that Jason is no other by citing cases which they had never read, than Joshua, JyWT. have blundered into a new position in And this will carry (as before) the inlaw, unknown in practice, and contrary portation of our asterisis and their to the cases to which the reader is re- naves, and the first outlines of astronoferred.
mical science, to the flight of the Ca. These enterprizing reviewers, whose naanites, or ancient Phanicians, into names do not appear on the law list, any Thrace, about 1450 years before the where between my Lord Chancellor and Christian aru, or 3263 before the prethe bound bailiffs, would do well in consent time: how much earlier these sym. sulling Com. Dig. Pleuder, 2 L. 2 Str. bols existed, baffles eren conjeclure. 1200, 1 T. Rep. 748. Wilies. 20. 1 SIR ISAAC Newton appears therefore Saund. 130, n. 1. 1 Bos. and Pul. 525. to be perfectly well founded in his main 2 Bos. and Pul. 225. n.a. 4 East, 567. idea. Selw. N.P. 929, and 1066; and they Tiis great man is in more esteem on would do better in retiring from the chair the continent than in this his native of legal criticism, to take their seats for island. It is growing into a fashion, fiur or five years at the desk of a special even for learned and highly deserving pleader.
Juan JUNES. persons, 10 attack his philosophy. Thus Louer Rond, Islington,
his proposition that quantities whose dira Sept. 14, 1815.
ference continually diminishes must ulti
mately coincide, or become less distin For the Monthly Magazine. guishable from each other than any as. PHENICIAN SYMBOLS.
signable quantity, and therefore (practia T HESEOS, the Numberer or Computer cally) equal, has been attacked. And
1 (The Wn Novem), which is the yet, for all purposes which human investiJimit of primury numbers, is captivated gation can pursue, quantities between with the Ligles of Pleasure, the delight.' which we perceive the difference to be Sul luminary Aôr-ēden, or with intense less than any thing by which we can ese pleasure, Are-cden, of astronomic sci. timate it, are equal, and the evanescent ence (799x or 170-878); the ime incalculable difference may be rejected. pulse of which guides him through the Popular language is in this not uufit to path (777, Darab), the windings or la. be the language of science. You can byrinths of astronomy. Froin Darak assign no intelligible difference between or Drak to Diaco is a very obvious tran- this and that. The diagonal of a square sition. The Dobeh (investigatrix) was bas a difference from its side; this speperhaps originally the Minotaur, the ball cics of rectangle may be drawn out into humun half forine animal, shut up in this a physical line, and then the difference labyrinth, which winds round both the coincides or vanishes. Bears:
In the same manner, negalide quan. Circum perque duos, in morem fluminis, tilics, which are so convenient in calcu. Arclos.
GEORG. lation and intelligible in example, are And such an inage represents man while attacked; and it is triumphantly asked, involved in the inazes through wliich he Can any thing be less ihan nothing? has to pass in pursuit of knowledge. And yet suppose one person to have
Theseus, bonever, becomes unfuithful 5001. another to have nothing, and ano. to this cclestial attachment: astronomic ther to be 3001 in debt beyond his whole research is neglected, when Bacchus property; the terms are, : +500 : 0 :: (Bakkar 7), or new inquirer, the word –500 ; 0; or, as 5001, in positive significs to inquire or investigale) revives property exceeds the absence of property,
80 5001. in negation of property, or debt, a successful author. Some fathers are falls below the mere absence of property, strict about the morals of their sons, or neither having nor owing any thing: who yet indulge themselves in many and I see no advantage in the more mo- gaieties. He is rich, notwithstanding his dern way of stating it. The practice of loss. Churchill was a bad liver, and ne. merchants agrees with the common sense vertheless a good citizen, assertiog lic of mankind in calling this negative quan. berty, ridiculiug vice, and lashing ve. tity worse than nothing.
nality. In the same manner, attraction is com
Common-Ordinary. bated and repulsion asserted by the saine That is common which occurs fre. author in the same breath;* and yet quently; that is ordinary which occurs these are reciprocal terms, and express often. Scattered repetition makes a thing only the fact of the tendency of bodies 10 common; successive repetition makes it or from each other in given circumstances. ordinary. The common accident of death. And if absolute contact be impossible, The ordinary course of nature. Dissie as the same author admits, there is no mulation is coininon at court, i. e. prac. more difficulty in supposing ihe tendency tised by many individuals. Dissimulation of Sirius to the Sun, or of the Sun to Sic is ordinary at court, i, e, practised by rius, and so throughout the universe, than inimeinorial usage. The table at an inn the tendency of the particles of a gold is common, Ting to one another, none of which are
To bid--To order. in real contact. Impulse will not solve To bid is to request (biddun to pray), the problem, if hy impulse be meant and to order (ordonner) is to arrange be. action ai no distance; for neither the ime forehand; for the one there is verbal, pelling particles nor the impelled can for the other practical, provision. llence ever be so circumstanced. Between bo. to omit doing as we are bid, disappoints dies which have no distance, there can less than to omit doing as we are orneither be a mover mor a moved.
dered. To bid is a genuier, to order a
more pressing and authoritative, com. PETRARCH.
mand. The death of Conrad Gesner is like
Head-Chief. that of Petrarch, of whom it is said, Heud is Saxon, chief is French, for the • Cupite libris inniro mortuus est inven. same part of the body; and both words tus :'+ He was found dead with his head are employed metaphorically to desig. leaning on some books.-It would be a nate the superior, the conducting person great service to literature to republish of an undertaking. The head of a bare the Latin works of Petrarch, which are talion; the chief of a battalion. A head most of thein become very rare, and the officer; a commander in chief. Fiainmetta of Boccacio, which I believe If any difference gains ground between is siiil more rare.
these words, it is, that the Saxon appel. Truston Hall.
lation, having been immemorially preva.
lent here, mingles inore readily with our For the Monthly Maguzine.
civil institutions and domestic habits ;
whereas the French term, having been CONTRIBUTIONS TO ENGLISH SYNONYMY. imported by military men, remains tech. However---Yet-Notwithstanding-Ne- nical for strategic affairs. llence to the tertheless.
word head, ideas of mere pre-eininence T IESE may be called subtractive are attached; but to the word chief, ideas
I conjunctions: they all concede of active spirited soldier-like efficacy. something, and deduct something else. A head-boronyh. Is the lawyer, or the When the cuncession is large, and the parson, the head of that parish? He deduction small, we use however and wel: will go to the reformers' dinner, if they when the concession is small, and the will make him head of the company. deduction large, we use notwithstanding You may make him head of the comand nevertheless. Addison was an un. pany; but the orator Rightipan will le. successful speaker; he was, however, main its chis
To teuch-To Icarn.
To teach is to give instruction; and to * Evening Amusements, 1813. . learn is to take instruction. These terins
† Fabroni Vita Petrarchæ, Parm, are rather antithetic than synonymous, 1799.
but they are misdefined by Dr. Trusler,
IR ? Timpediment
Impediment-Obstacle-Obstruction. thing; and the appearance is the effect
An impediment (in and pes) shackles produced by that external surface on the the feet; an obstacle (ob and stare) with. organ of sight. In the dark, objects stands the person; an obstruction (ob have still an outside, but no appearance. and struo) blocks the passage. The im. His present appearance does not harmopediment stays; the obstacle resists; nise with his general outside, yet I think the obstruction stops. We must stoop you caught him in a characteristic un. to remove an impedimeni; we remain dress. erect to surmount an obstacle; we make
Silence- Taciturnity. exertions to pull down an obstruction. Silet qui desinit loqui; tacel, qui ne Brightness-Splendor.
loqui quidem inceput, says Valckenaer in The moon is said to shine bright, when his Philological Observations. Ile is sie there is no mist in the air, when its rays lent, who does not speak; he is taciturn, reach us without perturbation; but the who shuns to speak. The loquacious quantity of light which emanates froin man may be sitting in silence; and the the mioon, at its greatest brightness, does taciturn man may be making an effort at not annount to splendor. Splendor is conversation. Silence describes the acthat fulness of light which in some de. tual, and taciturnity the habitual, dispo: gree dazzles the human eye. The bright. sition. ness of dawn); the splendor of noon. Talk-Conversation-DiscourseThe brightness of a taper; the splendor
Dialogue. of a patent lamp. Brightness is opposed Continued verbal intercourse, when to dulness, and splendor to obscurity. accidental, is called conversation; when Io receive-To accept.
premeditated, is called discourse; and To receive is to take in; and to accept when recorded, is called dialogue. A is to take for one's selt, I have received cheerlul conversation; a forinal discourse; the pheasants, and accept them thank- an interesting dialogue. The converfully. What we take in deposit, we re- sation of yesterday occasioned our meets ceive; what we take in gift, we accept. ing by agreement this morning in ChapelWe receive what is sent us for another; field: if old Fransham had heard the we accept what is sent us for ourselvesdiscourse, he would have made a diaTo receive a favor, which is to be re. Jogue of it. Talk is less than conver, turned; to accept a favor, which is not sation; it is the driftless intercbange of to be returned.
desultory phrases. Roundness- Rotundity.
Resolution-Determination Decision. Roundness describes circularity, and A choice between action and inaction rotundity describes sphericity. The is a resolution, and between compared roundness of a wheel; the rotundity of molives is a deterinination; an irrea lurnip. A painter expresses the round- vocable choice is a decision. When we ness of an orange by means of the line have considered, we resolve; when we which bounds the figure; he expresses have deliberated, we determine; when its rotundity by means of the shadowing we have decided, we look back no more. which gives apparenı protuberance. A Resolution is opposed to doubt; deterround Aat face. The rotundity of Sirmination to uncertainty; and decision to Johu Falstaff. On dit la rondeur, et la hesitation. rotondité, de la terre; la rondeur pour
Chat-Prale-Tulk. designer sa figure, la rotondité pour de. Chat is welcome, prate is unwelcome, signer sa capacité.--RoŲ BAUD.
talk. At the same time a gossip prates Management Direction.
with the husband, chats with the wife, Management (from mener) and direce talks with the daughter: to the first she tion (from dirigere) differ as leading and is troublesome, to ihe second agreeable, ruling. That which is conducted by exo to the third indifferent... ample is managed; that which is con " Familiar Intimale. ducted by authority is directed. To Easy intercourse is familiarity; close manage the affairs of a partnership; to intercourse is intimacy.' To be familjar, direct the affeirs of a company. The implies facility of access; to be intimate, manager of the theatre, if he is himself an implies opportunity of confidence. In. actor; the director of the opera, if he is timacy abolishes distance, and familiarity not one of the performers.
reserve. A familiar is a friend of the Outside- Appearance.
house; and an intimate a bosom.frjend. The outside is the external surface of a
For the Monthly Magazine,
POPULATION OF CAMBRIDGESHIRE, according to the Returns of 1811.
99 335 152
Armingford 720 1,025 3
Local Militia .
Totals • • 41,187],44,502250 123916396 23,043 5,063 110841 116190 227,031 Punimet