DR R. PRIESTLEY, in that rafh and paffionate publication, called the fecond part of his Appeal, has infinu ated charges against the honour and juftice of his country, which indicate difappointment of the deepest fenfe, and refentment of the most malignant complexion; the integrity of the judge, the counfel, and the jury t, are impugned in the most barefaced manner, notwith standing he fets out with faying, p. 91, "We do not complain of the intention of the law, or of the difpofition of the judges," yet in the next page we are told," Our adverfaries, not content with the counfel that ufually attended the circuit, at a great expence employed Mr. Hardinge, the Queen's folicitor, who, to ferve them, neglected his duty as a judge on the Welch circuit, and Spared nothing to inflame the court and jury againf us, quoting, not only in my caufe, but in thofe of the other fufferers, paffages from my writings, calculated to reprefent me as the peft of fociety, and unworthy of protection or of recompence. The first judge, Baron Thompfon, endeavoured in vain to check his violence, and therefore Baron Eyre, it is thought, came down on purpofe; but, though he did it in the caufe of the other fufferers, when my own caufe came before the court he was perImitted to declaim against me and my writings (of which he appeared to know nothing more than the extracts with which he had been furnished for the purpose of his abuse), without any reftraint, though there was nothing properly before the court but the effimate

* See a defcription of this plant in Withering and Stokes's Botanical Arrangement, vol. III. p. 227.

+ The foreman is called an bigb-churchman, p. 88, which feems quite enough reproach with fome folks.

GENT, MAG.February, 1793.

of the damages occafioned by the riot: and, if I had been guilty of fedition, I ought to have been accused as fuch, and fuffered the penalties of the law." So much for the counfel. "The legal proof of the articles of my lofs was peculiarly difficult from the nature and multiplicity of them, nothing of the kind having ever, as I believe, come before a court before. It was deemed neceffary that I fhould prove my having been in poffeffion of more than 1000 different articles, and at the time of the riot. One friend or other could have attefted my having had most of the inftruments, though not the chemical fubftances, but it was neceffary_they fhould all be prefent in court. Their certificates in writing were rejected as no legal evidence; and, when a number of the articles in my laboratory were claffed together, the oppofite counfel diverted themselves and the court, expofing their own ignorance juff as fo many Goths and Vandals would have done. My own leading counfel was as little qualified to defend me, being equally ignorant of philofo phy, and declaring in court, that he had not read any of my theological or political writings." The judge, though no chemift, was willing to make allowance for the fingular difficulty in my caufe, as both the catalogue of my books, and the index of fubstances in the laboratory, were deftroyed, together with the books and inftruments; and, had any regard been paid to his opinion, confiderably more would have been awarded me. On what principle the jury proceeded is best known to themfelves; but I believe that very little was allowed for my books because many of them were destroyed in another hundred, whither they had been conveyed by my friends, though the destruction began at my own houfe; and they did not fay what claim I had on the other hundred. In general I thought the judge impartial in fumming up the evidence; but in fome refpecs, confidering the manifeft difpofition of the jury, it tended to give too much colour to their injuftice. The catalogue of my library being deftroyed, together with the library itself, I could only make out a lift of the books that were wanting from my own recollection of them, my friends not being able to atteft their knowledge of more than a few of them, fuch as they had occafionally feen or

bot

borrowed, though the number of the books loft was fufficiently afcertained. This enumeration,' faid the judge, coming from the plaintiff himself, and not proved by any witness, I was bound to reject evidence of that kind, and could not fuffer it to be received.' Mr. Payne, my witnefs, had fet a value on 440 other volumes which were proved to be miffing (though I could not myself pretend to recollect what they were) by fuppofing them to be of the fame value, one with another, awith books of the fame fize in what remained of the library. This, the judge faid, was no measure of value at all, as it was imposible to to eftimate books, and therefore he found bimfelf bound to reject that evidence; adding, however, that, as the plaintiff could not have been fuppofed to have collected trash, they might, if they thought proper, make fome addition to the fum upon the ground of damage to the library. But, difpofed as they were, they were fure to allow nothing on that account. I have heard of a judge deciding very differently in a cate not much unlike this of mine. A boy had been robbed of a feal which, had contained fome precious one, of the nature and value of which the boy himself was wholly ignorant, being only able to produce the focket in which it had been fet. The judge, however, obferved, that the cafe thould be interpreted in damnum fraudatoris; and he directed that the boy should receive the value of the finest diamond that would fill that focket, because the one might have been of that value. Mr. Hardinge alfo (whofe virulent declamation, the judge himfeli obferved, might, for any thing that appeared in court, be mere calum ny) thould not have been fuffered to 1roceed as he did, fince it could only tend to prejudice the minds of the jury agrint me, and indifpofe them to do juttice," p. 93-95.

"In this cftimate nothing was charged for my MSS more than the money that would have been given for them by a book feller after my death. My fermons, for inftance, were only char. -ged half a guinea apiece, though the jermors of a living preacter ought, in equity, to be charged much higher *. For I would obferve on this occafion, that, because the law can give no recompence for any injuries befides money,

Many a living preacher hardly receives fo much for delivering a fermon.

money is often given when the damage is by no means of a pecuniary nature, and there can be no reason why this should not have been done in my cafe. When we were at Warwick, and found we bad to encounter the most determined oppofition of our enemies, who came prepared to litigate every article, and that the law itfelf, rigourously interpreted as it would be, was not calculated to redrefs our wrongs, we all reduced our claims much below our firft eftimate," p. 90.

! "On the whole it is evident that, by whatever rule the jury at Warwick west, they allowed me little or nothing for my books, philofophical inftruments, or MSS, as the fum that was awarded me would do little more than re-furnish the house as it was before. They refufed to fay what they allowed for the feparate articles of my loss, except on account of the boufe, which I was under obligation to re-build. For this, which was not, mine, it was thought that the allowance was ample enough, being 957. 18s." p 97.

The climate given in of the Dodor's lofs was, £. s. d.

*

Books

Philofophical apparatus
MSS.

Houthold, including helves, &c..

Total

432 15 6

605 17

370 15

1277 6

£.2686 13 6

"But this was far from being the whole of my lofs, or of the indemnifica tion that I was entitled to receive on the idea of being replaced as I had been before on the fame pot; which in equity ought to be the rule of proceeding in the cafe. Nothing was charged for the carriage or package of fuch things as could only have been procured from London or other diftant places, which, in my cafe, could not have been lefs than 4c1. Nothing for damage to books, not materially mutilated or injured, which will make the books that were preserved (about 2000) of less value, if ever they fhould be fold, by, I fhould fuppofe, 50l. Nothing was charged for the recovery of goods difperfed by the rioters, which, to myself or friends, could not, I think, have been lefs than 401. Nothing was charged for pamphlets, which, I think, muft have been worth 10. While I was at Warwick, I recollected articles in my laboratory, not mentioned in the inventory, worth .about 231. Now that I am refuming

turns, or, in the difpute for the rudder, break and deftroy their only chance of riding through the ftorm, or reaching the port. What times of civil confufion in this miferable kingdom can one compare with thele? In all her civil wars, in all her leagues, the had leaders on both fides, who prevailed in their turns, till the lawful authority, by proper fupport of the friends to Monarchy was re-established. But in the conflicts of Republicans with one another, what does the most impartial hiftory tell us, but that, tired of cutting one another's throats, they funk at laft under the hand of a mafter, either from among themfelves or firangers? Does the hiftory of Greece or Rome contradict this affertion, thofe greatest and longeft-lived Republics in the known world. If we confult our own history where this fyftem of government maintained itfelf for a very thort period, on the ruins of long-eftablished different fyftem, is there any thing in our contefts that fhould make ourselves, or any part of Europe, renew the example? Can this be the cafe with us, who have always ftrove to keep the balance between the King and the people equal, whether in the barons wars, or thofe between the rival houfes, or in the contefts of the last century, fresh in our memory? or could it be fuppofed of France, enamoured of monarchy to a proverb, and every other nation who have a king, not except Holland, whofe Conftitution, limited and formal as it is, requires a Stadtholder?

Shall we afcribe this awful event to the total decline of principle, both in prince and people, a decline rapid beyond parallel? for it must be dated only fince the death of Louis XIV. the Auguftan age of France for every improvement of genius, fcience, arts, manners, political and commercial ftrength, extent of conqueft and legiflation. The utmost point was obtained, the fummit was afcended: Alas, how fudden the fall! Luxury and diffipation enervated the whole fyftem; intrigue, chicane, oppreffion concurred, and irreligion and impiety crowned the whole,

It will fpeedily (more fpeedily, perhaps, than the unthinking multitude, or the unreasoning fpeculatift, are aware) be feen how long fuch a fyftem, if the incoherent mafs can be called a fyftem, can maintain its ground. I fay not Thall be fuffered to maintain its ground. Such permiffion applied to licentious inflitutions is too bold a term; and the Divine Providence permits only by the

gracious forbearance of leaving giddy mortals to try their own experiments, that, while they think themfelves wife, they may be found fools. A fenfe of fuch a forbearance or direction of hea. ven appeared to influence all former convulfions in the kingdoms of the earth. Religion and morality, however abufed, produced in the end the happieft effects. But what is to be looked for from barefaced impiety and avowed atheifm, which, from the facrifice of his minifters, dares, if one may use the bold and almoft profane expreffion, to offer God himfelf on the altar of li berty, but fcenes too fhocking to anticipate even in idea. Whether Europe fit ftill and leave the French to fill up their measure by cutting one another's throats, which, if Europe could bear to remain a calm spectator of outrages fo provoking to humanity, might, perhaps, be the beft policy, or, combining all her force, makes all her efforts to crush the monster, or confine her to her hor rid den, fuppofing the were not driven to the most fatal and deftructive defperation, must be left to the great Difpofer of events. In the latter cafe, how can one look far for an application of these prophetic words addreffed to ungrateful Ifrael. "But ye gave the Nazarites wine to drink; and commanded the prophets, faying, Prophefy not. Behold I am preffed under you, as a cart is pressed that is full of heaves. Therefore the flight thall perish from the fwift, and the strong fhall not strengthen his force, neither fhall the mighty deliver himself: neither fhall he ftand that handleth the bow; and he that is fwift of foot fhall not deliver himself, neither he that rideth the horse deliver himself. And he that is courageous among the mighty fhall flee away naked in that day, saith the Lord." Amos, ii. 12-16.

Mr. URBAN,

Jan. 13.

CONFESS myself for the first time informed by Mr. Mofeley, that the ftory of William Tell's archery is eftermed fabulous. But, as he has produced one exactly fimilar, of older date, there is very great probability that the one rofe out of the other. I fhould be glad to fee Bonfrere's authority for his story.

Mezzabarba defcribes the figure at the foot of the trophy on the reverfe of the coins of Conftantine the Great which have GAVDIVM ROMANORVM, and FRANCIA, or FRAN, as a woman weeping, leaning on her right arm. The fame figure is found on the coins