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act upon the presumed validity or invali- them, it becomes ludicrous to hear it dity of the patent, without the right ha- spoken of, as if it gave some substantial ving been ascertained by a previous trial; security against the jeopardy of doubts, but will send the patentee to law, and and as if it bore any comparison, in point oblige him to establish the validity of his of efficacy, to an injunction. It leaves it patent in a court of law, before it will give open to the other party to persist in the him the benefit of an injunction.' (20)- invasion of the supposed right, and gives Whenever a case shall arise, depending no security for ultimate reimbursement. on the doubtful tendency of a work, after The defendant, in the event of the plaina long exclusive enjoyment of the copy- tiff's succeeding, would always be comright by the author, the Court will be pelled to exhibit his accounts, for the called on to consider whether the excep- purpose of estimating the profits which tion, in the case of patents, to the usual he has made ; and the only possible utirule, extends also to literary productions. lity of this order is, that it prevents him In the meantime, it is obvious that it in that case from setting up the absurd could not in any way be applied to the pretence of his having kept no accounts recent cases on copyright, in which the It is in fact the mere shadow of a remepirate has followed the publisher so close- dy; and if a plaintiff, failing in an applily, that the exclusive possession bas cation for an injunction, thinks it worth scarcely existed at all. In the last in- while to ask for such a direction to stance of the kind (Don Juan, Cantos 6, the defendant, it is only because it indi7, and 8), so rapid was the printing, that that the Court does not wholly rethe appearance of the original and spu- nounce jurisdiction in the case, and thinks rious editions was almost contemporane- it possible that he may succeed. In the ous, and the injunction was applied for last of the cases now under discussion, a within a very few days after the first pub- direction for the defendant to keep an aclication. A rule, founded on long posses- count formed part of the Vice-Chancelsion, has but little connection with such lor's order dissolving the injunction. If cases. What resemblance do they bear desired by the plaintiff, it would of course to the case of Bolton and Watt's patent, be always granted, unless the opinion of exclusively enjoyed fortwenty-three years, the Court was very strongly and decidedand sanctioned by an act of parliament ly against him." extending the term ?"
It is painful to omit the elaborate The Edinburgh Reviewer could not argument, by which all that the Rebut be struck with the similarity of viewer had done in anything like the procedure in regard to new books and shape of quoting positive authorities recent patents : but he endeavoured in his own favour, is for ever demolishto meet the difficulty by telling us, ed, (vide p. 19–29 inclus.) But we that
must, as much as possible, confine our. " In a case of a new patent, where selves to what unprofessional readers an injunction was refused, • Lord Eldon will understand, and so come we at in the interim, held the defendant to an once to the case of theatrical injuncaccount of every shilling which he had tions. drawn from the alleged violation of that “ Nor are the cases upon the ques. which eventually proved to be no right at tion, whether theatrical representation be all;' and a little further, he adds,. We an infringement of copyright, at all more have no hint, therefore, in this analogous favourable to the reviewer. When the case, of leaving property to the jeopardy point was looked upon as clear, injuncof a doubt.' Now, certainly, if this hold- tions were granted: when it was found ing to account were, as from the language to be doubtful, they ceused. It appeared employed the reader might suppose, some so reasonable that the author alone should process by which the defendant was to enjoy this inode of deriving profit from render an account of his profits, pay thern his work, that no doubt appears to have over, or deposit them in court, it might suggested itself at first, as to the legality justify the reviewer in attaching impor- of the prevailing usage and understandtance to it. But when it is known that ing: the injunctions were accordingly it is only an order to the defendant to do granted. But when in the case of Murrayv. that, which of course he does without Elliston, the point was raised and argued being ordered, -to keep an account of by the defendant's counsel, and it was his dealings in his own books, without made apparent that the right was far from giving any one even a right to inspeet clear, the result was, that the Lord Chan
(20) 3 Vcr. 624.
cellor referred it to a court of law: in the cy; and, in the same way, what was then meantime he dissolved the injunction; the common style of controversy and of and Marino Faliero continued on the satire, would now be justly condemned as stage, and terminated its theatrical ca- gross scurrility. It must be admitted and lareer before the decision of the Court of mented, that indecency and personal abuse King's Bench (21) had pronounced its are not extinct amongst our writers; but representation to be lawful. The his- such publications are now differently retory of this question is another illustra- ceived; though read, they are universally tion of the rule, that a doubtful right will reprobated; they never appear as the not support an injunction."
productions of any respectable author; The arguinents which this writer and even the publisher has been known uses, in regard to the alledged actual to decline placing his name in the titleprotection of libellous and immoral page. Yet, formerly, men of talent and writers in former times, have been al- reputation did not blush to avow such most all anticipated by Mr T.'s letter works, and apparently without any dimi. in our August Number. We must, nution of their estimation in society. however, make room for these few ex- This altered state of feeling carries with it cellent sentences.
a variation in the practical effect of the law “ It has never been intimated, that if of libel. The question of what is so far the general design and tendency of a
prejudicial to public morals or private book be harmless, it to be deprived of
character, as to deserve punishment, bethe rights of property by a few slighting one not capable of a determination by trespasses on decorum, by an occasional
technical rules, and being therefore left levity or coarseness of expression, or by in general to the discretion of a jury, the triling sallies of ill humour.(22) The wri- decision of it must be mainly influenced by tings of Pope, Swift, and Gay, which are
the habits and sentiments of the age. If, mentioned, are certainly liable to such
therefore, it were true, that any of the charges; but they could not be accused works referred to, as having 'received of making it their peculiar object to pro- protection, could now be justly deemed pagate irreligion, to teach men to dispute
obnoxious to the law, it would still be the goodness of their Creator, or to un
quite natural that a different view should dermine morality by destroying the ex
formerly have been taken of them." pectations of a state of retribution ; nor This brings us directly to the concould it be said that they were written clusion which Mr T.'s sagacity leapt in a tone of determined profligacy, stu
to. It is not the Chancellor's fault, if diously inculcating licentiousness, and
publishers, by craving injunctions to laughing away every virtuous and ho
protect their books, instead of institunourable sentiment. It is besides to be considered, that the temper and taste of voluntarily make him their jury: and
ting prosecutions in the law courts, the age of Pope and Swift differed widely
he, acting at their prayer as their jury, on these points from that which now
must act like a jury; that is, somewhat prevails. The reviewer has well obser
under the influence of the feelings of ved, that some of their works are such as
the age to which he belongs ;-he must no person with the least pretension to character would at present avow; and
embody in his particular decision the the remark might be extended to many general decisions of living intellectothers of the most admired writings of that intellect of which, in the present the former part of the last century. The instance, he himself happens to be one editors of Pope have been greatly censu
of the most distinguished ornaments. red in the present age, for admitting some It is probable, that the author of of these pieces to a place in their collec. this very valuable tract may think we tions. Much that was then reckoned the have made rather too free with his mere playfulness of an elegant wit, would pages. To say truth, could we have now be denounced as offensive to decen- been permitted personal access to him,
(21) 5 Barn. & Ald. 657. (22) Thus, in one case, (Hime v. Dale, 2 Campb. 27. n.) an objection was raised to the tendency of a humorous song, containing these lines :
• Though Justice, 'tis known,
Can see through a mill-stone,
She can't see through Abraham Newland.' This was said to be a reflection on the administration of justice, but the argument did not prevail. The Court did not think of applying the law of libel to a mere harmless jest. It was compared to the Beggar's Opera, one of the works alluded to above.
we should have asked his leave to re- always exist, and there will always be print the whole of them without mu- found persons willing, for an adequate tilation or comment,--and as it is, he remuneration, to employ themselves in must just be contented with this apo- supplying, exciting, and propagating, this logy; that we were anxious to place depraved appetite. By taking away the what he has done under the eyes of prospect of gain, they are diverted to many who could have no chance of some more bonourable course. It is imseeing the pamphlet itself. We feel possible to say to what extent this may in the lofty character, and universal already have operated. It is often seen, estimation, of the present Chancellor, that the appearance of an highly successall the interest which reverence can
ful work, by stimulating crowds of imitainspire : and-seeing him thoroughly, tors, gives a new direction to the literaand effectually, and unanswerably,
ture of the day. If such had been the vindicated from a long sequence of ela- consequence of some of the publications, borate calumnies, the object of which
to which the principle in question las was to attack not merely the judge and lately been applied, it is certain that the minister, but the houest man and the public morals and taste would have ex
perienced a serious shock. We see the enlightened gentleman—we thought it our duty to enable all our readers, application of the law to those individual and more especially those who reside works, but we cannot know how many at a great distance from the only mart tions of literature, would, if the law had
aspirants after the rewards and distincof pamphlets, to partake our gratifi- not deterred them, have adopted the same cation and our triumph.
tone, and echoed the same sentiments, For the rest, we should hope that varying only the style and form, so as to the present publication may be recei- adapt their writings to the tastes and caved as a salutary warning by Mr pacities of every class. The more advenBrougham bimself, and by certain mi- turous would probably have struck out nor spirits, who, without anything of some new, and yet unknown line of liMr Brougham's talents, are so fond of centious composition ; they, in their aping Mr Brougham’s insolence. turn, would have had their followers and
As for the editor of the Edinburgh imitators, and no one can say how far the Review, the next time he admits an extension of profligacy might have attestattack, openly stigmatizing the Con- ed the success of their labours. duct, and casting out suspicious hints, “ The loss which may possibly be suf(to say the least of it,) as to the mo- fered by the author of a work, not of a Tives of the Chancellor, he ought to criminal nature, is another popular ground remember, that he subjects his Lon- of objection to the law on this subject. don publisher to the risk of a punish- If it be meant by those who adopt it, that ment very different from that of a re- this law may be erroneously applied to fused injunction. And the sovereign productions which are clearly harmless, scorn or indifference with which the it can only be said that such objections Chancellor has refrained, on all simi, apply equally to all human laws, for they lar occasions, from exercising the se
are all open to maladministration. When vere power, both coercive and punito- such instances occur, the judge, and not ry, which the law really has placed in the law, is in fault. But if it be said, that his hands, for the enforcement of the when a work, really within the rule,respect due to that high tribunal, ought which are by no means clear, may even
a work, the propriety and innocence of certainly to make all those blush who have insinuated against him, like this tually be found capable of supporting an rash, and ignorant, and malevolent re
action, and that the author may then have
been injured by the denial of an injuneviewer, the charges, most alien to his
tion in the meantime, the answer is, tlat nature, of political vindictiveness and
while his case was uncertain, he had no judicial intolerance. Weshall conclude withone more quo- fering is, that he must have recourse to an ac
right to sucli relief. The extent of his suftation. The same things have in effect tion, the only remedy which the law gives for been said before often enough ; but the generality of wrongs. His success in that they are things that cannot be said too proceeding will of course be followed by ample often, nor considered too seriously- damages, measured, not merely by the loss ke and they never will be said better than
has suffered, but by the indignation naturalby our author.
ly erciled by the defendant's conduct. It is “ In an artificial state of society, a true, that the latter may, perhaps, be unlarge demand for ricious excitement will able to pay; and this is the only contin
gency by which, in such cases, the author “ But, granting that some loss should can ultimately be a loser. It is, however, occasionally be thus incurred, it is onë, a misfortune not peculiar to his case. the danger of which has been voluntarily Every one is liable to be injured by per- encountered, and which will seldom fall sons incapable of making compensation. on persons peculiarly deserving of symPoverty and insolvency are evils which it is pathy. When Wilkes was asked by a fonot in the power of the law to cure. reigner, how far the law of England would
“It is satisfactory that there is no rea- permit libel and sedition to be carried, he son for supposing any loss of this kind to is said to have replied that he did not yet have been sustained in the cases which know, but that he was trying to ascertain have hitherto occurred. In the two first it experimentally. The same spirit still acof them, the plaintiffs have themselves tuales some ; they make it their business to acquiesced in the decision. They have achieve all the mischiefs of which the press can not thought fit to have recourse to ac- be made the instrument, while studying to tions, either with a view to damages, to evade the punishment due to their intentions. secure the future sale, or to relieve their Such persons may now and then experifeelings from the wounds which the doubts ence from this rule a short interruption of the Lord Chancellor are said to inflict of their profits, but it can scarcely be in cases of this sort : No appeal has been thought desirable that our LAWS should made from his judgments to a jury. The be altered to suit THEIR VIEW8, and to give third case has only lately occurred, and, increased encouragement to THEIR PURas some further proceedings may perhaps SUITS." be taken, we shall suppress the reflections it suggests. In the instances in which We have no potion who the author the piracy has been quietly submitted to, of this admirable tract is; but we can the parties who have not thought their scarcely suppose that the talents he has cases fit to be laid before a Chancellor or displayed, leave a wide field for specua jury, can scarcely complain of the law lation as to this, among the profesa having been improperly applied against sional circles of London. them.
PANACEAS FOR POVERTY.
“ I like not the humour of bread and cheese."
SHAKESPEARE. From the days of Job, downwards, necessity of your resolving immediateCOMFORTERS (to me) have always ly upon something;" and forthwith seemed the most impertinent set of declare in favour of that particular people upon earth. For you may see, measure, which, of all the pis allers of nine times in ten, that they actually your estate, is the most perfectly degratify themselves in what they call testable.
consoling” their neighbours; and go Thirdly come the “ whoreson caaway in an improved satisfaction with terpillars," who are what people call their own condition, after philoso- “ well to do” in the world, and espephizing for an hour and a half upon cially those who have become so (as the disadvantages of yours.
they believe) by their own good conThere are several different families duct. These are very particularly vile of these benevolent characters abroad; dogs indeed! I recollect one suchand each set rubs sore places in a man- (he was an opulent cheese-monger,) ner peculiar to itself.
who had been porter in the same shop First and foremost, there are those which he afterwards kept, and had who go, in detail, through the history come to town, as he used to boast, of your calamity, shewing (as the case without cash enough to buy a night's may be) either how completely you lodging on his arrival. have been outwitted, or how exceed- This man had neither love nor pity ingly ill or absurdly, you have con- for any human being. He met every ducted yourself—and so leave you complaint of distress with a history of with “ their good wishes," and an in- his own fortunes. No living creature, vitation to come and dine, when as he took it, could reasonably be your troubles are over.”
poor, so long as there were birch Next, there are those, a set, I think, brooms or watering-pots in the world. still more intolerable, who press the He would tell those who asked for VOL. XIV.
work, that “idleness was the root of and of mere convenience." The man all evil ;" prove to people “ that a pen- who eats flesh, has need of other things ny was the seed of a guinea,” who (vegetables) to eat with it; but that were without a farthing in the world; necessity is not felt by him who eats and argue all day, with a man whó vegetables only." - If Leadenhall marhad nothing, to shew that “ out of a ket could stand against that, I am mislittle, a little might be put by.” taken.
Fourthly, and in the rear, march The recipes for cheap dishes will no those most provoking ruffians of all, doubt (when known,) come into genewho uphold the prudence of always ral practice; so they shall be given in "putting the best face” (as they term the Saver of Wealth's own words. it) upon an affair. And these will Here is one-(probably) for a Christcure your broken leg by setting it off mas dinner. against somebody else's hump back, “ Take two spoonfuls of oatmeal ; and so soundly demonstrate that you put it into two quarts of cold water, have nothing to complain of; or ad- then stir it over the fire until it boils, mit, perhaps, (for the sake of variety) and put in a little salt and an onion. the fact that you are naked; and pro. And this,” continues our Economist, ceed to devise stratagems how you _"this does not cost above a farthing; shall be contented to remain so. and is a noble, exhilarating meal !"
And it is amazing what a number of For drink, he afterwards recommends (mad upon that particular point,) but the same dish, (unboiled ;)—and no otherwise reasonable and respectable form of regimen, it must be admitpersons, have amused themselves by ted, can be more simple, or conveniproving, that The Poor have an enviable ent. condition. The poor “ Poor!” They Now this man was, certainly, (as seem really to have been set up as a the phrase is,) “ something like a sort of target for ingenuity to try its projector in his way. And it seems hand upon ; and, from Papin, the probable that he met with encouBone Digester, down to Cobbett, the ragement; for, passing the necessities, Bone Grubber,—from Wesley, who he goes on to treat upon the elegancies made cheap physic, and added to every, of life. prescription a quart of cold water, Take his recipe for instance, next, to Hunt who sells roasted wheat (vice “ For dressing (cleaning) a hat.” coffee) five hundred per cent above its “ Smear a little soap on the places cost-an absolute army of projectors of your hat which are felthy, and rub and old women has, from time to time, it with some hot water and a hard been popping at them. High among brush. Then scrape it with the back of these philosophers, indeed I might al- a knife, what felth sticks ; and it will most say at the head of them, stands bring both grease and soap out.”—The the author of a tract called, “ A Way book of this author is scarce ;—I susto save Wealth ;" which was published pect the hatters bought it up to pre(I think) about the year 1640, to shew vent this secret from being known. how a man might thrive upon an al- Only one more recipe- and really lowance of TWOpence per day. it is one worthy to be written in letters
The observations prefatory to the of gold ;-worthy to stand beside that promulgation of this inestimable se- never-to-be-forgotten suggestion of cret, are worthy of everybody's—that Mrs Rundell's-(she who now in the is every poor body's attention. kitchen of the gods roasts !-that
First, the writer touches, generally, • roasts,” in a proper sense, not is upon the advantage of “ thin, spare roasted,)-her immortal direction to diet ;"-exposing how all beyond is prevent the creaking of a door,—“Rub “mere pitiable luxury;"-enumera- a bit of soap on the hinges !"-This it ting the diseases consequent upon high is. living ; and pointing out the criminal “ To make your teeth white." acts and passions to which it leads ;- « Take a little brick dust on a towel, evidently demonstrating, indeed, to and rub them.”—The mechanical acthe meanest capacity, that no man can tion, (the reader sees) not the chemipossibly eat goose, and go to Heaven. cal; but potent notwithstanding.
Shortly after, he takes the question But Mrs Rundell deserves better up upon a broader ground; and exa- than to be quoted, in aid, on an occamines it as one of mere worldly policy, sion like this; nay, merits herself to