"If then the Spleen be cut out, or its office obstructed by disease, nature has a resource, in exciting the lymphatic veffels to form a larger quantity of red particles than they had ordinarily been accustomed to do, and these in proportion to the exigencies of the habit; but here nature does not affign a new office to the lymphatic veffels, but only excites them to exert in a higher degree, a power of which they were before poffeffed; and this notion is conformable to what we obferve in other circumstances of animal œconomy; as when an animal is fat and well nourished, the ftomach is much longer in performing its office, than it is when emaciated by long fafting, and its life is in danger from want of nourishment, or than it is when the body is wafting by difeafe, witnefs the furprifing quantities of food the ftomach will di geft, in a fhort time after a recovery from the fmall-pox, or a violent inflammatory fever; under thefe circumftances, it is aftonishing to ob ferve how much Nature will exert herself, and how foon food taken into the stomach will be digefted, and applied to the purposes of the constitution: in like manner, most probably, if the Spleen be diseased or cut out, Nature is capable of making the lymphatic veffels exert themselves more powerfully in the execution of their office; or on the contrary, if the lymphatic fyftem be difeafed, the Spleen is excited to form a larger quantity of blood in order to make up the deficiency: thereby the life of the animal will be lefs frequently endangered from a partial di eafe.

"But how much foever the manner in which the red vehicle is formed may be difputed, we think it cannot be denied, but that the office of the thymus and lymphatic glands is clearly proved to form the central particles found in the veficles of the blood; and though the operation of Nature in forming the veficular portion is more obfcure, yet the probability of its being performed in the manner we have related will, we conceive, be admitted.

"A fyftem fo new and fo different as this is from the opinions at prefent fo generally entertained of the blood, perhaps may meet with much oppofition; and as no doctrine should be admitted in philofophy, till it has itood the test of the most careful and accurate examination, it may therefore be fome time before this is univerfally allowed: for as the experiments are numerous, and fome of them not easily made, few, but lovers of fcience, will take the neceffary pains to inquire into them: but we will be bold to affert, that whoever repeats thefe experiments will be amply rewarded for his trouble. We fhall add, that when these facts are viewed with candour, and experiments of this kind are profecuted with induftry, they may probably direct the way to difcover many operations of animal oeconomy, that are at prefent confidered among the inexplicable arcana of nature."

W.

A Letter to W. Mason, A. M. Precentor of York, concerning his Edition of Mr. Gray's Poems; and the Practices of Bookfellers. By a Bookfeller. 12mo. Is. Murray.

As the first great rule of adjudication is audi alteram partem, we have always regarded the facility, with which injunctions

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are iffued out of Chancery on fimple hearings ex parte, as highly derogatory to the dignity and equity of that court. That they are fometimes properly granted, in order to stay immediate wafte, we admit; but they are granted also under fuch pretence where no valid plea exifts. Of this we have, of late years, had frequent inftances, in refpect to the invafion of literary property; a property whofe exiftence hath been till lately difputed, and is even at prefent but very equivocally af certained. In the Letter before us, we have a fingular cafe of this kind, in which a bookfeller is profecuted by an author, or rather in this inftance an editor, for an invafion of this fort. We are forry fo refpectable a character as Mr. Mason should be fubjected by fuch a proceeding to that afperity of exposure with which his antagonist hath here laid it before the public. The cafe, as ftated by the defendant, is as follows.

"The Reverend William Mafon, Precentor of York, has com menced an action in the Court of Chancery againft me for printing fome Poems written by the late Mr. Gray, which the former claims for his property. The circumstances concerning this matter are as follow:

"Mr. Gray had, in his life-time, at first, publifhed his Poems as he wrote them, in detached pieces. He received for these no money nor hire. He formally affigned them to no bookfeller. His reward was public approbation. And a difinterefted pride" led him of all "other things to defpife the idea of being an author profefled *.* Mr. Gray, then, like Shakespeare, made a prefent of his Poems to the public.

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"From a friendship fubfifting (very fincerely on Mr. Gray's part) betwixt him and Mr. Malon, the former was induced to name the lat ter for one of his executors in his Will. And relying on his honour and integrity, bequeathed to him further," all his books, manufcripts, coins, mufic, printed or written, and papers of all kinds, to preserve or diftroy at his own difcretion †.”

"Mr. Gray had written very little for the public eye more than had been printed in his life-time. And it was for this reafon he had committed his papers to Mr. Mafon, to prevent his reputation, of which he had been remarkably and justly careful himself, from being prostituted after his death. Upon the faith of this bequest, however, the temptation of a lucrative publication, fanctioned by Mr. Gray's name, was irresistible. Mr. Mafon immediately sketched out to himfelf the idea of confiderable emolument. And upon his friend's death, fet about to realize it without delay.

"Impoffible to fill even a pamphlet of an ordinary fize with Mr. Gray's poetical remains, he refolved to add to them the Verfes printed in the author's life-time, to create a property to himself of ALL; and, without the vettige of a pretence for an exclufive right, to brand with the name of fraudulent practices the printing of thefe by others.

* Mr. Vafon's Memoirs of Mr. Gray, 4to. p. 335.

+ Vide Mr. Gray's Will.

"But

But even all the Poems of Mr. Gray were infufficient to gratify the avarice of his executor; who difcovered that they could be extended into a small volume only of one or two fhillings price; whereas his idea was to publish a large book at the price of eighteen fhillings, which, advertised to the public under Mr. Gray's name, affured himn of a rapid fale and much profit.

"With this laudable intention, he gave out his defign of writing Mr. Gray's Life. But this proved a mere pretence. Mr. Gray's life contained few incidents fit to dwell upon. And the editor, never lofing fight of felf, was determined at all events to fwell his book into a vo lume in quarto, with the affiftance of Mr. Gray's private correspondence, without paying any regard to the reputation of his friend, which from this ufe made of his letters haftily written has fuffered confiderably.

"Mr. Mafon now applied to the friends of the deceased; and Mr. Walpole, Dr. Wharton, Mr. Nicholls, Mr. Beattie, and others, libe rally fupplied him with what he wanted; with thefe, and the gleanings of Mr. Gray's papers (furely bequeathed to him for other purpoles), he mustered up a formidable correspondence.

"Thus furnished with materials he foon arranged them into order; and in a very short time accomplished his fcheme, and ushered into the world a large volume in quarto, at the price of eighteen fhillings. "Nor was he deceived in the promised harvest. The work, advertifed "The Poems of Mr. Gray *" foon fold off. And the reputa tion of that celebrated poet occafions it, in fome degree, yet to be called for, though a difcovery of the impofition has confiderably flackened the demand.

"Difgufted at the conduct of this editor, who, invested with no exclufive right, and deaf to all confiderations, save selfish emolument, fold the few Poems written by Mr. Gray, at an extravagant price; for every perfon pretending to tafte, laid afide the Memoirs; I conceived an idea in the line of my profeffion to print a small, but elegant, edition of Mr. Gray's best Poems.

"Mr. Gray, in his life-time, had, without any reward, granted permiffion to different bookfellers to print elegant editions of his Poems. My defign was to rival, or to exceed these editions. It was certain the author would have esteemed himself honoured by the intention. Nor could I with reafon expect oppofition in this project from Mr. Mafon, who, it might be fuppofed, would have encouraged every inftance of respect paid to the memory of his departed friend, and who alfo had paffed over without challenge one or two fmall editions printed by different perfons before this period.

"Without fufpecting, therefore, that I was acting amifs, my edition, printed upon fine writing-paper, and adorned with beautiful engravings, which my high opinion of the author led me to defray the expences of, was published, and fold to the public at the eafy price of

*The full Title runs thus: "The Poems of Mr. Gray; to which are "prefixed Memoirs of his Life and Writings, by W. Mafon, A. M." Is not the reader from this Title naturally led to expect, that the principal part of the work is to confift of Mr. Gray's Poems? The Poems, however, take up but feventy, while the Memoirs are fpun out to four hundred and fixteen pages.

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three fhillings in boards. And now the liberal and disinterested conduct of Mr. Mason becomes confpicuous.

"My edition of Mr. Gray's Poems either did, or Mr. Mafon ap prehended would, interfere with the fale of bis. He therefore very honestly fet his wits at work to fupprefs the former. But there occurred fome difficulty in the undertaking.

"Mr. Mafon was aware that he enjoyed no exclufive right to the property of the most valuable part of Mr. Gray's Poems; and it was the Poems only that were the object of my edition. But a monopoly of the Poems was the object of this editor's avarice. For although he had prefixed to his quarto edition, four hundred and fixteen pages of a farrago, which he entitled "Memoirs of the Life and Writings of

Mr. Gray," in order to raise a large contribution on the public, yet he was fenfible it was Mr. Gray's Poems that the public principally wanted. And if these were allowed to be fold feparately by another perfon, he was afraid that his Memoirs would not be much enquired after.

"Perplexed in what manner to proceed, in order to accomplish his laudable defign upon my edition, it was with great joy, after fome fearch, that he difcovered in my book fome pofthumous verfes of Mr. Gray which he (Mr. Mafon) had printed firft from the author's manufcript, and which he conceived, by the author's Will, came under the denomination of property.

-Thefe verfes amount in all to fifty lines. And for this heinous trefpafs has the Reverend William Mafon, A. M. Precentor of York, in all Christian charity and meekness, filed a Bill in the Court of Chancery against me, and has publicly branded the action by his Advertisement prefixed to his English Garden with the opprobious term of fraudulent practices; and moreover regrets, that the law, though it encou rages an author to prosecute, feems not (as it now ftands) to give him damages from the delinquent adequate to the injury he may juftain!"

We fhould have omitted more of the acrimonious expreffions, made use of in the original, had they not been too intimately interwoven with the narrative; and that as well for the fake of the defendant as the plaintiff. Because even granting the former to have imputed the facts, related, to their real motive, and to have formed a juft eftimate of Mr Mason's literary merit; we do not think any man the most impartial judge in his own caufe ; nor can we, on any account, admit a bookfeller to take upon him the inquifitorial office of a Critic. He fhould have ftated the facts, and have left the publie to judge of the plaintiff's moral, and us, the Reviewers, of his poetical, merit. But to proceed; Mr. Murray having thus ftated his cafe, goes on to expatiate on the impropriety and illegality of Mr. Mafon's conduct; which he displays with fome a gravating circumftances of perfonal impolitenefs on the part of Mr. Maton. As to the latter, we fhall fay nothing, as we do not judge ex parte. To the point of law, however, we beg leave to fay a word or two. Mr. Murray shrewdly

Lays

fays (we fuppofe with advice of his counsel), that if fifty lines are property, one line is property, and therefore the proprietors of Annual Regifters, Reviews, Magazines, and Newfpapers, are liable to be profecuted in the fame manner for damages; for whether he finds fuch fingle line his property in a Magazine, Review, or Newspaper, he has a right to claim it.

"Will you affert," fays he, "that extracts, inferted in these pub lications, fo far from injuring authors, occafion their works to be more known, and confequently to be more called for? But befides, that the law is unacquainted with the distinction, I contend that the reverfe of this pofition is the truth. For I infist, that extracts from new books give fale and currency to periodical publications, without which the latter would inftantly perifh. Deprive, for instance, that champion for literary property, Mr. Dodfley (who by the bye, according to Mr. Mafon's idea, is the greatest of all literary thieves), of the liberty of taking extracts from new books for the use of his Annual Regifter, what would be the fate of that profitable publication? You will not furely pretend that it would exift for a moment afterwards. Mr. Dodfley inferted in this collection, not fifty lines, but one third part of all Mifs Aicken's Poems. Afk him what copy-money he has paid to the author for this privilege? None. Afk him again, what fatisfaction he has granted, or intends to grant, for the liberal plunder he has made of the works of Goldfmith, Langhorne, Beattie, Whitaker, Priestley, and hundreds of other authors. He will tell you he has granted none; he intends to grant none. Yet this James Dodfley is a fair and honourable Bookfeller, while John Murray is a piratical one.”

We will not contend which is the greater pirate or the more fair and honourable Bookfeller Mr. James Dodfley or Mr. John Murray; because we cannot help believing that, although in the inftances alledged, the latter is in equity comparatively the lets criminal, he would himself have no objection to the carrying on that profitable publication the Annual Register; heinously wicked as, according to Mr. Mafon's reafoning, it is in the faid James Dodfley. The truth is, that Mr. Murray is a little miftaken, in fuppofing the extracts from new books, inferted in mifcellaneous compilations bearing a different title, equally criminal in the eye of the law, with the fame extracts printed under the general title of the book, from which they may be extracted. Nay, fo undetermined and precarious is literary property, even fince the laft grand decifion, that in moft inftances the law can protect only the title-page of the book; and, indeed, from the very nature of the property, it muft ever be fo, unless we would put a ftop to all improvements in literature and feience. Hence, had Mr. Murray printed all the poems Mr. Gray ever wrote (which were not many) under another title, we will venture to fay that, even on a hearing ex parte, the pretended proprietor of them could not have obtained the injunction, of which the defendant fo juftly complains.

Again,

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