As to the Divine, I have perhaps been hasty, in applying the term degradation to his case: his functions being of the pastoral kind; as the crosier, (which he must have in view,) will demonstrate to him. In taxing this reverend Ecclesiastick with liveliness and genius, the Querist may however have exposed himself to an action. These are serious charges; and, if substantiated, might condemn a man to obloquy for life. If therefore, Mr. Anonymous be not prepared to justify, (for the onus probandi will be cast on him,) I recommend that he should at once retract his rash denial of the Doctor's D****** This recantation, accompanied by a proper apology, will be likely to mitigate the damages; though it may not destroy the right of action.

As for Doctor Hill's three points, they are manifestly inter apices; and, I am of opinion, have no

First; and, not improbably, related to his name-sake, Doctor Fell; certainly as little loved; and perhaps often with as little reason for dislike. This conjecture, whether well or ill founded, of a connection between Death and the Doctor, is not ex travagant at the least." This FELL Serjeant, Death, is strict in his arrest, &cet. HAMLET.

+ Here the MS. is blotted. The obliterated word was certainly not duplicity. To my eye it seems as if the last letter was an s; and, from the space it occupies, I conjecture the word to have consisted of but two syllables. But I will not be po sitive.

thing in them. Neither, though it may be alledged to be of a capital nature, do I consider the charge on Mr. Baron Smith to be Scandalum Magnatum. A case is referred to, as in point; sed non allocatur : for this would be to strain the judicial privilege to the hat: whereas none of the authorities extend it beyond the wig.

The Goose, noticed in Number XV. can have no relief at law. In equity it may be otherwise; for beyond all doubt he may file his bill: in which case Lord Norbury and Mr. J-s- Atkins* are clear that an anser would come in.

Lastly, the statutes against witchcraft I hold to be obsolete; and that no apprehension need be entertained, of any proceedings on the foot of these. Nor though the magical operations should be performed by the Querist on others as well as on himself, would any civil action, in my opinion, lie. For example, though Sir Charles Vernon should be turned into a viceregal coach,† I am not sure that

Here again the MS. is blotted. Some conjecture the besmeared word to be Mr. Joseph Atkinson: others, with more plausibility, suppose (from the neighbourhood of Lord Norbury, and legal nature of the present document,) that it must be Mr. Justice Atkyns.-I. A. it unquestionably is: and these respectable initials we find noticed in No. XIV.-Perhaps my English Readers should be informed that Lord Norbury is a Chief Judge.

+ See No. I,

there would be damnum; but am clear that it would be absque injuriâ at the least. I merely put an hypothetic case for illustration; for that an old courtier should be thus unhackneyed, is not to be expected.

I am indeed of opinion, after a careful perusal of Number II, that Nobody has a right of action. MATTHEW MOOTALL.

N.B. Notwithstanding my respect for the 'opinion of Counsel, I cannot think of retracting my acknowledgements of the "sportive jocularity" and Genius of Doctor Ledwich; or of admitting his dulness for

a moment.

APOLOGY.

E poi vada al supplizio:

S'ascolti:

-if he deserve it.

I have heard, with great concern, that the papers, in which the name of Mr. Baron Smith occurs, have by some been represented as holding up that gentleman to derision; the forerunner of contempt: -which latter Doctor Johnson has justly described to be a gangrene; that when it has seized on any portion of the character, spreads itself with rapid

* Of the Anonymous-where clearly Nobody is affronted. See the Number.

+ Metastasio.

contamination through the whole. But I would ask, what part of a man's character, moral or intellectual, is his hat? *

Though my knowledge of law be not extensive, I know enough to be assured that nothing which I have written is libellous: and therefore the present apology (i. e. defence) is not dictated by any paltry apprehensions with respect to my personal safety. But without being a libeller, one may be a traducer; and an abstinence from this latter species of unpunishable detraction, in ceasing to be a legal duty, becomes (on this very account) an honourable obligation.

If I had libelled Baron Smith, I should have but exposed myself to the vengeance which he has inflicted on others who have done so ;-the most complete and contemptuous neglect. That gentleman seems to hold, that character and conduct supply the best answer to a slander; and that the brightness of these will efface the blots which base malignity has cast upon them. How scandalous it must be, to assail a person, who makes the spite and falsehood of the assailant his only shield! In time (but it requires time,) these do indeed form a buckler, of impenetrable strength. But I am happy to have ground for believing, that the Baron does not consider my allusion to his hat, in any other light than that of a pleasantry, as free from malice, as (perhaps) destitute of

*See No. VII.

wit:-nay, as a vehicle of which I have made use, for the conveyance not of malignity, but of esteem.

If I find myself again represented as the derider of one whom I esteem, I may be provoked reluctantly to do that, which I have the means of doing: to lay bare to others and to him, the sources of that Hebenon, which has flowed for his depreciation; and trace the tributary streams of venom, which have fed its poisonous course. Meantime, to harmonize whatever discord may be found in my latter paragraphs, "let's have"-not "a dance;" but a poem; if the Reader has no objection.-With the English stanzas,—which are Waller's, he is of course acquainted. But the insertion of so beautiful a composition would scarcely need apology,— even though it were not necesssary towards introducing the Latin version which is subjoined; and which I find attributed to the Author of those lines upon Lord Nelson, which have already appeared, in Number XVII.

TO A LADY,

SINGING A SONG OF HIS

COMPOSING.

Chloris yourself you so excel,

When you vouchsafe to breathe my thought,
That, like a Spirit, with this spell

Of my own teaching,-I am caught.

* This poison, my reader will recollect, was administered to the ear.