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Bibliographical Tracts, Etc

Contents

INTRODUCTORY LECTURE.

IF there be any thing in connection with such an Institution as ours, to equal in interest its first establishment, it is the attempt to revive it after a period of languishing, and apparent decline. It may seem hardly consistent with the dignity of this Institution that I should endeavour to bespeak your interest in it on such a ground as this. To appear in formá pauperis, -to rest on arguments addressed to your compassion, is hardly what might be expected. It would seem scarcely probable to one who enters the elegant portico of this building, adorned with a beautiful frieze from the chisel of BAILY ; who pauses in the hall of entrance to admire the noble models of Greek sculpture ; and, after ascending the staircase, becomes acquainted with the treasures which illustrate all the great departments of natural history, and some of them more strikingly and completely than in any Museum not metropolitan ; and, on descending, walks through the well-stored reading rooms, and then 370262 4 into this theatre, which has been the scene of so many important expositions of science and literature ; to such a person it would scarcely seem probable that an Institution, whose habitation and possessions are such as I have thus lightly touched upon, should have to bring its claims to support before the enlightened public of this great city and neighbourhood. Alas ! it was not for this that the ardent and generous spirits who first conceived the project of forming this Institution, for the benefit of their fellow-citizens, carried their design. into execution at the cost of so much time, so much personal exertion, and so much pecuniary outlay. They did not think that in less than thirty years it would become necessary to make a special effort for the renewal of its former spirit and vigour. If they anticipated this period at all, they must have expected that the child of their enterprise would be rejoicing in a lusty manhood, instead of, I will not say sinking into decrepitude, but rather pining or faultering in its growth from the lack of adequate nourishment. But so it is. We cannot shut our eyes to the truth . Our Members are diminished ; our Museum is comparatively stationary ; our Library shelves are not crowded ; and, above all, our Revenue is falling off. These are sad admissions ; but what use can there be in hiding the facts ? I for one, and a very humble friend of the Institution, feel that I cannot more surely 5 prove the sincerity of my friendly feelings, than by allowing and stating these truths. I would not publish them did I think that no real good would ensue,-did I for one moment imagine that the announcement would only have the effect of calling forth the sympathy and compassion of the public, or that the declining state of this noble Institution would but serve the melancholy purpose of pointing one more descant on the frailty of earthly schemes, the vanity of human expectations ! No: sighs and condolence. can avail us nothing ; we want only the pantings of effort, and co-operative effort ; and such we shall be sure to have when we make known that it is really needed. I doubt not that there are many, very many, both able and willing to give aid to this Institution, to whom the idea has never occurred that it was in want of help. They have naturally thought that, once fairly set in action, it was impossible that it should have shown any sign of weakness. They may not have been conversant with its inner life ; they may have known only its outward form and fashion. They may have thought that with such an origin (it was the product of strong practical minds), —with such an organization (its arrangements and laws have been admired as most complete in idea, and they are known to have worked well), with such favourable external elements (it is in the midst of one of the most considerable cities in the kingdom, and one of the most interesting scientific 6 districts), they may have thought that it could not fail. But when they are now told that from various causes, some of which we may perhaps glance at, its prosperity is less assured than it should be, I doubt not that they will at once rush in crowds to its support. I think I should be very wanting in my duty on the present occasion, were I to neglect the opportunity of commemorating, however briefly, the exertions of those who bestowed upon us this noble Institution. It appears that in its present form it dates its birth from the year 1823. The building, however, in which we are assembled, was commenced in 1820. We owe it to the public spirit of a body of gentlemen who had formed a Philosophical Society so far back as projected the erection of an 1809, and had even then edifice for scientific and With the literary purposes ; but it was not till the year 1820 that the project was carried into execution. accomplishment of this design must be associated the names of JOHN NAISH SANDERS, Esq. , and JOHN SCANDRET HARFORD, Esq., the value of whose munificent contributions was greatly enhanced by the untiring energy and zeal, with which they exerted their influence in obtaining the assistance of their fellow-citizens. The Architect was the celebrated Mr. COCKERELL, and the foundation stone was laid by the Mayor of the city, WM. FRIPP, Esq. This Lecture Room was opened in 1823 by Dr. DAUBENY, the distinguished Professor of Chemistry at Oxford, who 7 delivered an inaugural Lecture on the occasion. In the same year the Proprietors determined to establish an Institution "to promote the advancement of science, literature, and the arts ; " and they made over to it the use of the building. Moreover, in connection with this decision, or rather as an almost necessary part of the design, a society was formed for the cultivation of science and literature. The cost of the building alone was £11,000. But the generosity of the founders did not stop here ; they made most valuable purchases of works of art, as well as of specimens for the Museum, and of books for the Library. It would be impossible for me to speak of all the Gentlemen to whose labours we are indebted for the existence of the Bristol Institution, and it would be difficult, without the risk of making invidious distinctions, to single out particular names. I can only say, that all seem to have been animated by one spirit of disinterested zeal for the honour of the city, and for the intellectual improvement of their fellow- citizens. These honourable names will be found recorded in a valuable Memoir of the Institution, which was drawn up by the Rev. Dr. CARPENTER, in 1836, for the use of visitors during the Meeting of the British Association in that year, a period when the Institution was flourishing in full vigour. On looking over the lists it is agreeable to observe that many of the founders and early sup- porters are still amongst us. They would, I am sure, be the last to suppose that we slighted their exertions, if, for a few moments, we dwell only upon the names of those who are now lost to us. In our committee room may be seen the portrait of the Very Rev. HENRY BEEKE, Dean of Bristol, one of the first Vice-Presidents. Though it expresses the benignity and mild intelligence of that venerable dignitary, it gives but little idea of his great mental activity. The extent and variety of his attainments in science, surprised all who came into communication with him. He was considerably advanced in life when our Institution commenced ; but he felt as lively an interest in its formation, and as actively took part in its direction, as if he had been in the prime of years. He was not a laudator temporis acti ; he would rather have adopted the sentiment of the poet, - "For I doubt not through the ages one increasing purpose runs, And the thoughts of men are widened with the process of the suns." His knowledge of the various sciences, and his intimacy with most of the prominent philosophers and writers of the day, qualified him most usefully for his office of Vice- President. Nor should we omit to notice the character which his high position in the Church could not but confer on any association which he thought it his duty to join. And when it is added that his temper 9 was singularly cheerful and even ; that his views were delightfully tolerant, and that his manners and deportment expressed an easy but dignified affability, we need not remark how invaluable must have been these qualities in a prominent and active member of a young institution, in the formation of which there must often arise occasions when prejudices have to be softened, zeal has to be tempered, and discordant views and interests are to be reconciled. Though a long interval has passed since the time about which our attention is just now engaged, we cannot check the current of regretful thought which naturally carries us from the name of Dean BEEKE, to the very recent loss of another dignitary connected with our city. The circumstances of the Institution were not such as to give Dr. LAMB the opportunity of taking a very prominent part in its proceedings ; but he never failed to envince his interest in its welfare, when any occasion offered itself ; and such an interest as might have been expected from one who, to the scholarship collegiate Principal, added the attainments of a of a man of science. Those who remember the early difficulties of the Institution, speak in the strongest terms of the valuable services rendered to it by the late RICHARD BRIGHT, Esq. , of Ham Green. This gentleman, who was the model of a British merchant, endowed with a liberal heart and 6 districts), —they may have thought that it could not fail . But when they are now told that from various causes, some of which we may perhaps glance at, its prosperity is less assured than it should be, I doubt not that they will at once rush in crowds to its support. I think I should be very wanting in my duty on the present occasion, were I to neglect the opportunity of commemorating, however briefly, the exertions of those who bestowed upon us this noble Institution. It appears that in its present form it dates its birth from the year 1823. The building, however, in which we are assembled, was commenced in 1820. We owe it to the public spirit of a body of gentlemen who had formed a Philosophical Society so far back as 1809, and had even then projected the erection of an edifice for scientific and literary purposes ; but it was not till the year 1820 that the project was carried into execution. With the accomplishment of this design must be associated the names of JOHN NAISH SANDERS, Esq., and JOHN SCANDRET HARFORD, Esq., the value of whose munificent contributions was greatly enhanced by the untiring energy and zeal, with which they exerted their influence in obtaining the assistance of their fellow- citizens. The Architect was the celebrated Mr. COCKERELL, and the foundation stone was laid by the Mayor of the city, WM. FRIPP, Esq. This Lecture Room was opened in 1823 by Dr. DAUBENY, the distinguished Professor of Chemistry at Oxford, who 7 delivered an inaugural Lecture on the occasion. In the same year the Proprietors determined to establish an Institution "to promote the advancement of science, literature, and the arts ; " and they made over to it the use of the building. Moreover, in connection with this decision, or rather as an almost necessary part of the design, a society was formed for the cultivation of science and literature. The cost of the building alone was £11,000. But the generosity of the founders did not stop here ; they made most valuable purchases of works of art, as well as of specimens for the Museum, and of books for the Library. It would be impossible for me to speak of all the Gentlemen to whose labours we are indebted for the existence of the Bristol Institution, and it would be difficult, without the risk of making invidious distinctions, to single out particular names. I can only say, that all seem to have been animated by one spirit of disinterested zeal for the honour of the city, and for the intellectual improvement of their fellow- citizens. These honourable names will be found recorded in a valuable Memoir of the Institution, which was drawn up by the Rev. Dr. CARPENTER, in 1836, for the use of visitors during the Meeting of the British Association in that year, a period when the Institution was flourishing in full vigour. On looking over the lists it is agreeable to observe that many of the founders and early sup- porters are still amongst us. They would, I am sure, be the last to suppose that we slighted their exertions, if, for a few moments, we dwell only upon the names of those who are now lost to us. In our committee room may be seen the portrait of the Very Rev. HENRY BEEKE, Dean of Bristol, one of the first Vice-Presidents. Though it expresses the benignity and mild intelligence of that venerable dignitary, it gives but little idea of his great mental activity. The extent and variety of his attainments in science, surprised all who came into communication with him. He was considerably advanced in life when our Institution commenced ; but he felt as lively an interest in its formation, and as actively took part in its direction, as if he had been in the prime of years. HeHe was not a laudator temporis acti ; he would rather have adopted the sentiment of the poet, - "For I doubt not through the ages one increasing purpose runs, And the thoughts of men are widened with the process of the suns." His knowledge of the various sciences, and his intimacy with most of the prominent philosophers and writers of the day, qualified him most usefully for his office of Vice-President. Nor should we omit to notice the character which his high position in the Church could not but confer on any association which he thought it his duty to join . And when it is added that his temper 9 was singularly cheerful and even ; that his views were delightfully tolerant, and that his manners and deportment expressed an easy but dignified affability, we need not remark how invaluable must have been these qualities in a prominent and active member of a young institution, in the formation of which there must often arise occasions when prejudices have to be softened, zeal has to be tempered, and discordant views and interests are to be reconciled. Though a long interval has passed since the time about which our attention is just now engaged, we cannot check the current of regretful thought which naturally carries us from the name of Dean BEEKE, to the very recent loss of another dignitary connected with our city. The circumstances of the Institution were not such as to give Dr. LAMB the opportunity of taking a very prominent part in its proceedings ; but he never failed to envince his interest in its welfare, when any occasion offered itself ; and such an interest as might have been expected from one who, to the scholarship of a collegiate Principal, added the attainments of a man of science. Those who remember the early difficulties of the Institution, speak in the strongest terms of the valuable services rendered to it by the late RICHARD BRIGHT, Esq. , of Ham Green. This gentleman, who was the model of a British merchant, endowed with a liberal heart and 10 a strong mind, enlightened in his views, enterprising in action, possessed of large and various information, and eager both to hear and to follow the suggestions of advancing Science, was ever a firm and devoted advocate of every measure tending to the furtherance of knowledge, and to the extension of its advantages to all classes. His generosity towards the Institution which he helped to form, was manifested not only by his pecuniary donations, but also by his many contributions to the riches of the Museum and Library. In the first rank, nay, most conspicuous, among the early friends of the Institution stands the illustrious name of Dr. PRICHARD. Having elsewhere endeavoured to do some faint justice to his extraordinary powers and achievements, I shall content myself, on the present occasion, with observing that this Institution enjoyed the honour of receiving the first communication of some of those researches which, when embodied in his great work, procured for their author the admiration of the learned throughout Europe. One of the earliest papers read at the public meetings of the Philosophical and Literary Society, was a dissertation on the Distribution of Plants and Animals. Those who are acquainted with his Researches into the Physical History of Man, will remember that this subject forms one of the most important links of the great argument which he wrought with such skill and perseverance, in favour of the unity 11 of the human species. On looking over the catalogue of papers, it will be seen that several other essays on different departments of the Natural History of Man, made their first appearance before the public in this room. Nor is it less interesting to find in the same record, traces of some of his other literary and philosophical productions. Such was his essay on the History of Mummies, reminding us of his profound work on Egyptian Mythology. A paper read before this society was the germ of one of the most classical works in the literature of physiology, "A Review of the Doctrine of a Vital Principle. " Many who have lectured here might have felt proud that they should have been able to produce any thing worthy of exposition in an Institution so respectable. But in regarding Dr. PRICHARD'S Works in connection with it, we feel proud that it was a theatre which he deemed worthy of his exertions. Not that he would have considered the connection in such a light ; for he abounded in humility, no less than in learning and wisdom. Of the early but departed friends of the Institution, none should be remembered with more gratitude than the Rev. DR. CARPENTER. None were more prodigal of personal exertion in planning measures for the details of its government, in increasing its resources and efficiency, and in rendering it in every way answerable to its purpose of diffusing intellectual and moral benefits 12 over the community ; objects which were ever dear to his benevolent and philanthropic heart. His large and varied learning, which informed an understanding of no ordinary calibre, the philosophic habits of a life time, and the expansiveness of his tastes, which allowed him to sympathize with all who contributed their several endeavours, whether to Science or to Literature, or the Arts (for he had nothing of the pedantry or exclusiveness which leads men to extol one department of knowledge at the expense of others), -these characteristics of his mind, united with great suavity of disposition, it can easily be imagined by those of my hearers who had not the privilege of knowing him, enabled him to lend a most helpful hand in raising and supporting our Institution . Another name comes before us, suggestive of all kindly and benevolent emotions, -the Rev. JOHN EDEN. This amiable and learned clergyman was ever ready to assist in any design promotive of the welfare of the Institution ; not only by contributing various interesting essays on subjects belonging to Antiquarian Literature and the Arts, but also by toiling in committees. The amenity of his disposition, and the briskness of his intellect, which he retained till a very advanced period of life, must be remembered by very many of my hearers. Seldom was a lecture delivered, or a paper read, or a specimen exhibited within these walls, but 13 Mr. EDEN'S venerable head was to be distinguished among the listeners or spectators ; and his animated countenance beamed with a cheerful complacency, that gave heart and encouragement to timid lecturers, and spread a kindly infection of sympathy through the company. What he was in old age, I am told, that he had ever been in earlier periods ; and that it would not have been possible for him to have obeyed the injunction implied in the question of Horace, - "Lenior et melior fis accedente senectâ? " for he was brim full of gentleness and goodness before age began to approach. While thus briefly and imperfectly commemorating the departed friends of our Institution, we should be making a great omission were we to pass over the name of Dr. RILEY, who, though not among its founders, must be remembered as one of its ablest and most indefatigable supporters. His great attainments in Natural History and Comparative Anatomy were frequently brought out in this theatre, both in courses of lectures which he delivered for the benefit of the Institution, and in communications to the evening meetings of the Philosophical Society. He was the first to make known, in this city, those enlarged views of the laws of organization, which the great continental anatomists had propounded, and which, though in some points marked by 14 hasty and illogical generalization, have, nevertheless, in the main, been supported by subsequent researches, and at all events have imparted to Physiology a higher philosophic tendency than it had previously attained. Dr. RILEY was remarkable for great acuteness of observation, and for a powerful memory ; two characteristics which, it is needless to remark, are especially to be desired in a naturalist. He did not confine his assistance to the public meetings of the Institution ; he devoted much time to the general business of committees, and more especially to the collection and preparation of specimens for the Museum. It is not very long since death deprived us of one whose name I often find in the earlier records of the Philosophical Society ; and whose clear and accomplished mind, and whose high public spirit, could not fail to make him an ornament to any association of men devoted to Science, -I refer to CHARLES BOWLES FRIPP, Esq. The papers which he read at the evening meetings, gave tokens of ingenious speculation, industrious research, and great facility of communication. One of them received the high distinction of being thus noticed in Dr. PRICHARD'S " Review of the Doctrine of a Vital Principle." He says, " Several authors have written treatises de animis brutorum ; but I have nowhere seen this subject discussed with so much learning and ingenuity, as in a paper read before the Literary and Philosophical 15 Society annexed to the Bristol Institution, by C. B. FRIPP, Esq." This gentleman not only benefited us by his scientific contributions, but also by the pains which he took in the management of the affairs of the Institution. His amiable character endeared him to every one who had the privilege of enjoying his friendship . He died in the middle of his career lamented bitterly, —“ nulli flebilior quam mihi." Did time admit of it, we might pass from the pious duty of recounting the services of those who can never more take part in any earthly undertaking, to the cheerful task of pointing out the benefits which have been conferred on us by the living ; some of whom yet remain amongst us, while others are separated by distance. How gladly and gratefully should we call to mind the honour conferred on us, by the co- operation of one whose name will ever stand among the foremost in the annals of British geology, —the Rev. W. D. CONYBEARE, the present Dean of Llandaff ; or the eloquent addresses delivered at our annual meetings by JOHN SCANDRET HARFORD, Esq.; or the admirable contributions to our geology, and never-tiring exertions in our behalf, on all occasions, of WILLIAM SANDERS, Esq. , the Honorary Secretary of the Museum ; or the liberal and devoted zeal of our late able Curator, Mr. S. STUTCHBURY, to whom we owe, not only the high order of our Museum, but also some of its most valuable contents. How gladly 16 should we dwell upon courses of lectures which have been delivered within these walls, among the more memorable of which we should probably mention a course on Geology by SAMUEL WORSLEY, Esq., which will never be forgotten by those who had the privilege of enjoying it, whether with reference to the excellence and richness of the information imparted, or to the peculiarly interesting, nay, unique circumstances, under which they were delivered. Nor should we fail to remember the luminous expository and critical discourses on the genius of Milton, by the Rev. THOMAS GRINFIELD ; nor those frequent masterly discussions of various departments of Physiology and Natural History, by Dr. WILLIAM B. CARPENTER, many of which dissertations would have been worthy of any audience in the world of science. Nor should we forget the instructive physiological lectures delivered by one of our earliest and most enlightened friends, J. B. ESTLIN, Esq. * And I am sure we ought to remember especially that gallant and chivalrous attempt which was made by FRANCIS BARHAM, Esq. , in an eloquent address which he delivered three years ago, with the view of rallying our faultering hearts, and inspiriting us once more to the renewal of efforts for the spread of Literature and Philosophy in the West of England.

  • We have permanent memorials of their value in the chronometer and

microscope of the Institution, purchased out of their proceeds. 17 This allusion brings us to the question, What can have caused our present depression ? Our early brilliant success was doubtless owing in part to the spirit and zeal of the founders, and partly to the first ardour which usually burns in the hearts of those who are engaged in a new undertaking ; partly to the comparative novelty of lectures ; and partly to that golden dawn of promise which generally overspreads the horizon of a yet distant and indistinctly seen realm of knowledge. Our declension may in some measure be owing to the chasms which time has made in the ranks of our staunchest supporters ; but something must, I think, be set down to the changes which the last few years have made in our literature . The cheap issue of so many works of great excellence, profusely illustrated, must, by rendering science very easily attainable at home, have had some influence in rendering the public less keen for attendance upon lectures ; and for the consequent relinquishment of their comfortable easy chairs by the fireside . Something also may be assigned to the competition of lectures at other Institutions. Not that this is to be mentioned in the way of regret or complaint ; on the contrary, it should be a matter of rejoicing, that the example set by the class of society from which the Bristol Institution originated, has been followed by other classes, to their own great advantage, and that of the community in general. But, allowing that there have been reasons, B 18 ―― less or more excusative, for the falling-off of attendance upon lectures, what is to be said in extenuation of the supineness of the public in reference to the Museum ? One might have thought that even of those who have not time for making use of its treasures, or whose tastes lie in another direction, numbers would have come forward to support it for the sake of others, - for the sake of those who visit our neighbourhood, and for the honour of the city to which it is so undeniable an ornament. I should have thought that a thousand eloquent voices would have cried out, -that a thousand liberal hands would have leaped into their purses, at the slightest hint of weakness or langour in an Institution, the full efficiency of which should be the pride of our hearts. For of what, as an enlightened community, ought we to be prouder ? It is par excellence, the exponent of the intellectual activity, the learning and taste of the community. It is an Institution devoted to letters and philosophy. With it is identified, and in it is embodied, so to speak, our intellectual character and reputation. What must happen to us in the estimation of the world, if it is allowed to give tokens of infirmity ? Strangers coming fresh from their towns of yesterday's growth, have sometimes hinted as they threaded our narrow streets, that something of public spirit was wanted ; they have even pointed insulting fingers at our quays and docks, which might be some- 19 what less crowded than in their own bustling localities. We have told them, that besides having a taste for antiquities, we are especially proud of the infallible signs of the ancient birth of our city. We bid them look at the venerable piles which tell not only of the grandeur and power of our ancestors, but also of their piety and skill in Art ; and that those scars of time, those footprints of ages, are dear to our eyes. We tell them, that so far back as the fourteenth century, a king held his court in our castle ; and that centuries afterwards princes, and men mightier than princes, fought for its towers. We run rapidly over the splendid names in letters and arts, which shed lustre on our annals. We tell of that " inheritor of unfulfilled renown, " CHATTERTON,- " The marvellous boy, The sleepless soul that perished in its pride," of whom SOUTHEY sings, - "Marvellous boy! whose antique songs and unhappy story Shall, by gentle hearts, be in mournful memory cherished Long as thy ancient towers endure and rocks of St. Vincent, Bristol ! my birth place dear ; " for SOUTHEY himself was a native of our city, and to his latest days cherished the memory of " Bristol his birth place dear." Here COLERIDGE spent much of his time, and dated his poetical nativity. Here he first sang "his stately songs," as he himself called them ; B 2 20 and here first displayed that singular sibylline eloquence which fascinated the minds of men by the splendour of its imagery, even when its revelations had somewhat of the darkness of an oracle. Here, too, sprang Sir T. LAWRENCE, and WILLIAM MULLER, and that living sculptor whose exquisite creation adorns our Museum, —a faultless embodiment of unconscious beauty and primæval innocence. * Here REYNOLDS and HANNAH MORE gave their bright examples of benevolence and piety. Here JOHN FOSTER produced those remarkable specimens of original thought and massive expression, which won for him a place among the first of British essayists. Here breathless multitudes hung on the all but inspired lips of ROBERT HALL. And above all, BUTLER, the great defender of the faith, was Bishop of our diocese. We go on to enumerate other great names, when the stranger cuts short our catalogue, by observing that he does not care for what a city was, but what it is ; and that to dream and mutter about the days that are past, and of people dead and gone is, if any thing, rather a sign of senile infirmity. Then, we rejoin triumphantly, The position of a community, in the scale of civilization, is to be measured not by width of streets, - not by clean bright brick houses, -not by large moneygetting indications in the quays and docks you are so

  • Eve at the Fountain, by BAILY.

21 proud of ; but by the love and pursuit of those things which can be appreciated only by the highest and most cultivated faculties of human nature. Of such tastes and habits certain Institutions are the outward symbols. Behold our Institution devoted to Literature, Science, and the Arts ! By admission, nay, by declaration of some of the wisest in our land, of Provincial Institutions, this is facilè princeps, —unquestionably the first and foremost. What say you now to our community ! Such was the dignified, unanswerable tone in which we could assert our intellectual supremacy ; and the taunts of the insolent stranger were shaken from us "like dew drops from the lion's mane." Shall we lose this vantage ground ? I cannot suppose it possible. We cannot allow this also to fail. We have only slumbered ; our strength is unimpaired ; and there are signs of its full awakening. Το what else can we assign this vigorous effort about to be made in the forthcoming session ? Observe, too, with what ease it has been made ; and ease of exertion is ever a sign of strength. The Lecture Committee just put up a slight signal of distress, and in an instant we have this bright array of lecturers, generously offering their time and labour and knowledge. We cannot doubt that the public will appreciate this effort, and show their appreciation by their support of it. Among those names, I see not only those of many gentlemen of high talents and acquirements in science 22 and literature ; but also of some of the most distinguished of my professional brethren. And I cannot help noticing that the same gentlemen who, during the terrible epidemic last year, showed so worthy a zeal in devoting their science to the investigation of subjects intimately connected with the physical wellbeing of their fellowcitizens, are now ready to direct it towards the intellectual enjoyments of the community. I need not mention the names of Dr. BUDD, Dr. BRITTAN, and Dr. SWAYNE. It will be found that our Institution is based on the broadest principles . It is open to the cultivators of every field of knowledge. Here Philosophers may discourse to us on the primal source of all knowledge, the laws of human thought as well as of feeling and action. They may trace the connection of mind and matter, or mark the course of creation from brute inorganic matter through the first traces of vital action, on to the wonderful developments of forms and faculties in the vegetable and animal kingdom, and up to its climax in humanity. Coasting round the confines of organic nature, they may take some of the soundings of those shelving shores which are gradually lost in the depths of the immaterial infinite. Here scholars and philologians may discuss the tongues of other lands and other times, giving us glimpses of the glories and de- 23 lights of a literature that may have been hidden from us ; or trace the affiliation and relationships of languages in connection with the dispersion of races. Here critics may teach the mysteries of those sweet spells by which poets have in all ages led captive the minds and hearts of men, and maintained their sway in perpetuity. Here historians may reanimate departed ages, and speculate profoundly upon the causes which build up and break down polities, and shew how, throughthe creation and confusion of kingdoms, the downfal of dynasties, and the prostration of many a mighty people, the genius of civilization, under the inspiration of Providence, has held on his course, turning even distress and disaster, no less than prosperity and conquest, to the fulfilment of his purposes. Here the artist or aesthetical philosopher may explain to us the principles, by virtue of which men have in all times been so finely wrought upon by painting and sculpture and architecture and music. He may add his own to the thousand and one theories of Beauty, and yet find us gratified listeners to dissertations on a subject which, however old, can never be obsolete, though worn can never be trite, while he tells how form, and colour, and light, and shadow, make the elements of a universal language which can be translated into no other, speaking to certain sensibilities in our organism which can understand and respond to no other, but which when so addressed not only give 24 to their subject some of the most exquisite delights of which his nature is susceptible, but may also excite the emotions of benevolence and pity, and even prepare for and support the operations of that highest reverence which exalts and softens and purifies the otherwise hard and sensual heart of man. Here the natural philosopher of the highest order of nature's priesthood may convey us into the propylon of the sublimest sanctuary of science ; and though we may not be qualified by adequate training or initiatory rites for penetrating into the adytum or innermost shrine, yet he may in that outer court reveal enough to us of the stupendous mysteries of astronomy to make us all but worship human genius, were it not that after all, all that he tells us so fills our minds with awe and wonder at the illimitable extent of the works of God, that there is little or no room for admiration of the wisdom of man in thus making them known. Or he may descend from this loftiest pinnacle of knowledge, and while expounding the laws of motion in solids and fluids and gases and imponderable agents, shew the use that has been made of them in the mechanical miracles of our age. Here, too, the chemist may unfold the secret agencies that have power to bind or unloose the ultimate molecules of matter ; agencies which may be identical in their nature, whether they burst a bubble on the surface of a pond, or rend the earth's covering, 25 or shake to the dust man's proudest temples and towers ; for the chemist, when it suits him so to choose his subject, may be like the painter, - "who dips His pencil in the gloom of earthquake and eclipse." But he may as easily dwell on works of fairest composition, preservation, and order, shewing how out of disruption comes harmony ; and out of decay and corruption, new vigor and beauty ; and out of death, life ; for as those terrible forgers of ruin and servants of desolation, the volcanos and the lightnings, disperse through the air the compounds of nitrogen, the beneficent powers send them down with the thunder-rain to the earth , where they feed the tender plant which, in its vital laboratory, forms it into matter which will sustain the life of animals, —which again as they perish, render back the element to the air or the soil, whence it may again run other circuits of life-dispensing energy. I All these representatives of Science, Literature, or Art, may fitly provide us with instruction in this theatre. But there is one department, and a very wide one, which I have not touched upon ; and which is specially fitted for illustration in this Institution. mean, what is generally included under Natural History. Our chief treasures are in the collections belonging to this division of knowledge. The contents of the Museum, rich especially in Paleontology, particularly encourage 26 you to cultivate this kind of knowledge. You scarcely need the help of expounders and interpreters here ; yet, in the forthcoming series, I am glad to see that your attention will be specially directed to some of these subjects. It would be superfluous for me to expatiate on the advantages and uses and pleasures of the study of Natural History. You do not need to be told how it enhances the enjoyment of your leisure at home, and of your walks into the country; that it gives a motive for occupation most delightful to mind and body ; that it carries the thoughts from many a weary, wearing, brainaching pursuit, to ever fresh and gushing fountains of knowledge, knowledge that brings no regret,-knowledge ever strengthening and exhilarating. Lord BACON Somewhere commends the smelling of a piece of new earth, as a thing that recruiteth the life of the body. Like many of his pregnant sayings, it may mean many things ; but among others, I think it may signify the good which the mind gets by going back to the barest nature. Leaving the artificial knowledge, the quibbling speculations, and the wordy mazes of mere library learning,—the logomachies of colleges, and the wrangling ratiocination of courts and senates ; -leaving all these behind, the sage, the scholar, or the statesman, walks into the green fields, and, breathing deep the liberal air, rests in the lap of the universal mother, while he reads the simple, innocent tales which the flowers spread 27 before him of their birth, parentage, family, and connections ; or, listens to the songs of birds, and hears how this has just come from another land, and is early or late in arrival, and how another is preparing to depart ; or lets his eyes follow the flight of bright insects, partaking of their ephemeral lifetime, and sharing with them his ephemeral holiday. These obvious, simple delights of Natural History, need not be expatiated upon. But let it be borne in mind, that this study can produce facts leading to views and speculations which yield in breadth and grandeur of outline to none but those which belong to the architecture and mechanism of the heavens ; while in richness and variety of colour and expression, and, so to speak, in dramatic action, it is second to none and equalled by none. In glancing at Phytology and Zoology, it would be vain as it would be superfluous for me to attempt to stimulate your curiosity on these subjects, by describing the overflowing abundance of vegetable life, -by recounting the vast number of species, or trying to paint those gorgeous scenes where individual plants attain their fullest glory and beauty, —the lands of the Banana and the Palm, and those giant grasses, whose stalks have joints 18 feet long from knot to knot ; or that wonderful palm tree, the Periguao, whose smooth and polished trunk, rising 60 or 70 feet high, is adorned with a delicate flag 28 like foliage, curled at the margins. The description of its fruits makes one think of- "the gardens fair Of Hesperus, and his daughters three, That sing about the golden tree." "These fruits," says HUMBOLDT, "resemble peaches, and are tinged with yellow, mingled with a roseate crimson. Seventy or eighty of them form pendulous branches, of which each annually ripens three. " Nor can I recount to you the number and variety of species in the Animal kingdom . Sir CHARLES LYELL estimates the number of existing species of animals and vegetables, independant of Infusoria, to be between one and two millions ; but, as Mrs. SOMERVILLE remarks, " this estimate must be below the mark, considering the amount of life in the ocean. " All calculation shrinks before the magnitude of the task, when we hear of seas red with infusoria (such is the Vermilion sea of California) ; or of a yellow wind, so coloured by its clouds of microscopic beings. Willingly would I dwell on those laws of organization which enable the comparative anatomist to recognize a few simple types running through all the infinite outward variety of forms in the animal kingdom ; or pause to express our admiration of those microscopic discoveries. of recent years, which reveal the inward growth and 29 - nutrition of vegetable and animal structures, shewing how they are all made up of individual cells, in infinite clusters, of infinite variety, -of infinite function ; life within life ; every one an individual, and depending on what surrounds it, only for its nutrient matter ; ever growing, dying, and reproducing ; some of them living but a few minutes ; perpetual birth, perpetual death, — perpetual regeneration ; every set of cells having its own appointed work, whether of building up the fabric, or of imbibing nourishment, but to give it up again ; or of forming fine quintessences, -but not for its own life and enjoyment ; or of taking possession of useless or noxious matters from the current of the circulation, and then throwing them away from the organism, which either does not want them, or is hurt by them. - But we must occupy a few moments in noticing some of those facts and generalizations, which we owe to the enterprise, the industry, and the sagacity of the philosophic geologist. What can be grander than to hear him rehearse the strange eventful history of the revo lutions which have befallen this world of ours ? — when he tells with so much probability of a glowing, incandescent mass, in what is now the lowest depth or highest height, of the earth's crust, -a fiery sea of more than boiling metal, swelling and heaving, and requiring ages upon ages to cool and consolidate ; then, ere it is yet cool, an ocean pouring over some of its regions, and 30 spreading over them the materials of future rocks and mountains, which there, under the combined influence of furnace-heat and water-pressure, become what we now call the metamorphic formations ? -or to hear him discuss the agencies by which vast tracts of country have been strewn with enormous boulders, whether glaciers slowly bore them to their final resting-places, or whether they were swept thither by oceanic currents, laden with these ruins of rocks and mountains ! Then to hear him describe a succession of secondary or tertiary formations, clothed with beautiful vegetable productions, and peopled with multitudinous animals, lying even and conformable, when there comes a tremendous upheaving and tearing of the surface, and up start the volcanoes, bursting, burning, and fusing every thing around them into their own likeness, and then settling into august quiescent mountainforms ; but ever and anon awaking from their slumber, and announcing, by terrible tokens, that the fires which gave them birth, are not extinguished ! Or to see him paint some of the dream-like scenery of the world before the flood, and the wild fable-like inhabitants of those marvellous regions ! " Gorgons and hydras and chimeras dire," were not more incredible than the Megalosaurus or the unwieldy Iguanodon, floundering in his muddy lair, overshadowed by giant ferns. 31 All these things, though of the highest probability, are so marvellous, that it is a relief to turn to some of the results of the same science which, though less exciting to the imagination, are striking proofs of the degree of divination which may be attained to by the combined results of long unwearied observation, sagacious insight, and the comprehensive arrangement of facts in their due order and connection. The penetrating eye of an accomplished geologist, like M. BOUE, or ELIE DE BEAUMONT, from similarities of outward forms in regions, can predicate similarities of the agencies which gave rise to them, and even an identity of structure. Straits and channels cannot restrict his vision, which leaps across them, and discerns the same strata on either shore. He knows that the rocks of North Ireland will be found in the Orkneys, and again in the highlands of Scotland. To him geographical distinctions and national differences are nothing. Corsica belongs to Sardinia ; Jamaica holds on to Cuba ; Sicily is a part of Calabria ; Turkey in Europe is one with Asia-Minor ; and those mountains of old renown, Olympus and Pelion, extend their connections and dependencies to the islands of the Greek Archipelago. Wonderful, too, are the conclusions which may be arrived at from the contemplation of mountain chains. It is not so surprising that blunt cones, and crater-like shapes, should give hints of volcanoes ; that serrated " peaks should tell of dolomites ; triangular 32 pyramids, of slaty formations ; and needles, of crystalline schists. But it is wonderful that, on looking over a mass of mountain ranges, one learned in these matters should be able to say, Those chains, which you see are parallel, you may be sure have an identity of structure ; such are the rocks of Cornwall, of Brittany, and of the North West of Spain ; but even if not parallel, in consequence of the sphericity of the globe, if they have an identity of direction, the same holds good. Thus, passing from West to East, what our dilettante tourists find in the Swiss Alps, they may find also, if they push on to the Taurus, and thence to the inhospitable Caucasus, and by a yet longer stretch to the loftiest of earth's titan- forms, the Himalayas. The relation of the different heights will suggest to the mind of the geological seer many remarkable inferences. If he beholds a high ridge flanked by parallel chains much lower, as well as by plains, he divines that it consists of an ancient central crystalline mass, associated with secondary and tertiary formations. This, which has long been known to be true of the Alps, has, of later years, been found also in the mountains of Central Asia. But the identity of structure in parallel mountainranges, in lines approaching to great circles of the sphere, tells another grand fact, ―their contemporaneous origin, in the cooling of those regions of the earth's crust, modified in its effects by the various forces acting on the matter 33 of which the globe's crust is composed. " If we believe, " says Professor NICHOL, "that the earth has reached its solid state through a continued refrigeration, it must appear much more rational to suppose that, in the course of successive contractions of the oxidated crust, the envelope in its efforts to follow it, has broken or split along parallel portions of great circles, than that these splits have taken place capriciously in all directions. "* Our time is nearly exhausted, but we must for an instant advert to the wide range of study included in Ethnology, or the Natural History of the Human Races ;-a marvellous history, perpetually involving all the other departments of knowledge which we have so cursorily glanced at, and suggesting multitudes of interesting inquiries. Do all these beings, so dissimilar in colour, stature, habits, modes of life, and moral and intellectual cultivation, belong to a single species ? Are the fair European, and the black African, and the tawny Malay, and the red American, and the albino of Darien, all of one original stock ? And the gigantic Patagonian, and the pigmy natives of Tierra del Fuego, did they spring from the same first parents ? Are the fat, blubber-fed, seal-skin clad Esquimaux, even most distantly related to the lean, rice-eating, half-naked Hindoo ? Does the Bosjesman, who lives in holes and caves, and devours ants' "A. Keith's Johnson's Physical Atlas. " -Geology, p. 7. C 34 eggs, locusts and snakes, belong to the same species as the men who luxuriated in the hanging gardens of Babylon, —or " walked the olive-grove of Academe,”— or sat enthroned in the imperial homes of the Cæsars, -or reposed in the marble palaces of the Adriatic, —or held sumptuous festival in the gilded salons of Versailles ? Can the grovelling Wawa, prostrate before his Fetish, claim a unity of origin with those whose religious sentiments inspired them to pile the prodigious temples of Thebes and Memphis, to carve the friezes of the Parthenon, or to raise the heaven-pointing arches of Cologne ? That ignorant Ibo, muttering his all-but inarticulate prayer, is he ofthe same ultimate ancestry as those who sang deathless strains in honour of Olympian Jove or of Pallas Athenè ; or of those who in a purer worship are chanting their glorious hymns or solemn litanies in the churches of Christendom ? That Alfouro woman, with her flattened face, transverse nostrils, thick lips, wide mouth, projecting teeth, eyes half closed by the loose swollen upper eyelid, ears circular, pendulous, and flapping, the hue of her skin of a smoky black, and, by way of ornament, the septum of her nose pierced with a round stick some inches long, —is she of the same original parentage as those whose transcendant and perilous beauty brought unnumbered woes on the people of ancient story, -convulsed kingdoms, -entranced poets, and made scholars and sages forget 35 their wisdom ? Did they all spring from one common mother ? Were Helen of Greece, and Cleopatra of Egypt, and Joanna of Arragon, and Rosamond of England, and Mary of Scotland, and the Eloisas, and Lauras, and Ianthes, -were all these and our poor Alfouro, daughters of her who was " fairest of all her daughters, Eve ?" The Quaiqua or Saboo, whose language is described as consisting of certain " snapping, hissing, grunting sounds, all more or less nasal, " is he, too, of the same descent as those whose eloquent voices "fulmined over Greece, " or shook the forum of Rome, · or as that saint and father of the Church surnamed the Golden-mouthed, or as those whose accents have thrilled all hearts with indignation, or melted them with pity and ruth in our time-honoured halls of Westminster ? - Yes, strange as it may seem, all investigations into the physical history of races, -all consideration of languages, -all analogies from the dispersion of plants and animals, -all lead to the same conclusion, that all the nations of the earth are of one blood ; and that in the lowest, weakest, ugliest, and most stupid and besotted race yet discovered, there are the elements, however undeveloped, of the greatest, and wisest, and bravest, and fairest. We cannot doubt that this great apparent inequality in the attributes and endowments of mankind, in different times and countries, is a necessary result of that arrangement of Providence, whereby man has C 2 36 been so constituted as to flourish in all climates, to struggle with all outward difficulties, and to obtain universal dominion. Other living beings have their peculiar haunts and habitats. Man's home and dwelling- place is the whole earth. Wheresoever he roams, he carries with him his power of self-accommodation, and his faculty of subduing all things to his purposes. But for the variety of elements, both physical and moral, in his composition, capable of being educed and developed indefinitely, in correspondence with the diversity of the external conditions of existence, his range would have been limited indeed. Moreover, there would not have been those extraordinary differences in the characteristics of successive ages which are shown by history. Man's development would have been uniform, unvaried, and far less interesting than it has been. But it is plain that the human destinies were not to be brought out in one, nor in many generations. It has been the plan of Providence, so far as our finite powers can follow it, that civilization should come in instalments ; and that different ages and different nations should contribute their respective amounts. All history points to the gradual and variable unfolding of the elements of human nature in particular nations, and as truly under the direction of Providence for ultimate good, as any other of the perplexed phenomena submitted to mortal survey. We, of the latest birth of Time, are experiencing some taste of this good. For 37 us, the Hellenic nations produced the finest embodiments of the beautiful in Art, and the purest models of literature. For us, the Romans laboured and struggled in gaining and improving and preserving dominion. For us, the Crusaders learned the benefit of mingling with other nations. For us, our heroic ancestors, on many a hard- fought field, and in many a lonesome dungeon, and on many a bloody scaffold, taught the great lessons of civil and religious liberty. And above all, and apart from all else, for us, and for all mankind, a particular people was for a time kept separate, for the intensest development of the religious sense, -for the profoundest education in religious truths—and inspired to be the teachers, through their records, of religious hopes and duties to the farthest end of time ; and still more, to be the earthly source of the transcendantly most momentous event in history, -the sublimest and most pathetic manifestation of Divine goodness. We are the fortunate heirs of Time ; and having rich an inheritance of wisdom and knowledge, we are bound to hand it down to our So successors, not only unimpaired, but also enlarged and improved. The additions made to it during the last half century will make no inconsiderable theme for the future annalist. The advances in particular branches of Physical Science, and the accessions to Literature, will fill many a luminous page, along which will appear names that speak their 38 own eulogium. Such are those chiefs of science, LAVOISIER, and DAVY, and DALTON, and WATT, and FARADAY, and LIEBIG, and CUVIER, and HUMBOLDT, and OWEN ; and the poets GOETHE, and SCOTT, and BYRON, and MOORE, and WORDSWORTH, and COLERIDGE, and SHELLEY, and LANDOR, and TENNYSON ; and the historians HALLAM, and NIEBUHR, and ARNOLD, and MACAULAY ; and those illustrious disinterrers of the palaces of the mighty dead, -those readers of symbols which had lost their significance, those interpreters of tongues that had been mute for centuries, the YOUNGS and CHAMPOLLIONS, the LAYARDS and RAWLINSONS. But the strongest characteristic of this age, will be found in the gregarious pursuit of knowledge, and in the gathering of hosts for works of peace and good- will towards their fellow- men. The former of these is closely related with the object of our meeting on this occasion. We are to-night lending our infinitesimal fraction of assistance to that organization of scientific labour which, by combining the powers and efforts of individuals in societies, enables them to maintain such conquests of knowledge, as have been already acquired, and to make bolder and more extensive incursions into unexplored regions. APPENDIX. NAMES OF THE GENTLEMEN WHO SIGNED THE FIRST REPORT OF THE INSTITUTION. R. BRICDALE WARD SAMUEL LUNELL GEORGE GIBBS. } Hon. Secs. J. SCANDRET HARFORD. A. G. HARFORD BATTERSBY. RICHARD BRight. ROBERT BRUCE . JOHN CAVE. ANDREW CARRICK, M.D. M. HINTON CASTLE. THOMAS DANIEL, Alderman. GEORGE DAUBENY. The Rev. JOHN EDEN. F. C. HUSENBETH. JOHN HAYTHORNE, Alderman. EDWARD KENTISH, M.D. JOSEPH REYNOLDS. J. E. STOCK, M.D. THOMAS SANDERS. JOHN NAISH SANDERS. RICHARD SMITH. HENRY BROWNE, Treasurer. NAMES OF THE GENTLEMEN WHO HAVE GIVEN COURSES OF LECTURES FOR THE BENEFIT OF THE INSTITUTION. Dr. BIBER ... ... On Faustus. The Rev. Dr. CARPENTER Dr. W. B. CARPENTER ... G. T. CLARK, Esq. ... ... ... On Astronomy, and on the Powers of the Human Mind. On Vegetable Physiology, and on the Lower Classes of Animals. On the Organs of the Senses. 40 TheVery Rev. W. D. CONYBEARE On the recent Land Slip at Lyme (Dean of Llandaff) Regis, and on the Geology of the Dr. D. A. DURTNAL ... ... J. B. ESTLIN, Esq. .. ... Dr. A. GAPPER... The Rev. THOMAS GRINFIELD GEORGE W. HALL, Esq. WILLIAM HERAPATH, Esq. The Rev. JOSEPH PORTER Dr. J. C. PRICHARD, and G. T. CLARK, Esq. Dr. RILEY Dr. WALLIS ... ... ... ... The Rev. JOHN WILLIAMS SAMUEL WORSLEY, Esq, ... ... ... ... ... ... 930 Bristol District. On the Arts and Antiquities of Italy. On the Eye, - -on Astronomy, — on Organs of Sense and the Teeth, and on the Structure and Functions of the Human Frame. On Zoological and Philosophical Anatomy. On the Sacred Poetry, the Life and the Genius of Milton, and on Comus, Lycidas, &c. On the New Manure. On the Gases, including Atmospheric Air, and its modifications. On Shakspeare. On the Mummies and Antiquities of Egypt. On Zoological and Philosophical Anatomy, -on Erpetology, and on Comparative Anatomy, and the Philosophy of Zoology. On Comparative Anatomy. On the Polynesian Islands. On Geology. 41 NAMES OF THE GENTLEMEN WHO HAVE READ PAPERS AT THE PUBLIC MEETINGS OF THE PHILOSOPHICAL AND LITERARY SOCIETY. The Very Rev. W. D. CONYBEARE (Dean of Llandaff) The Rev. JOHN EDEN. Dr. PRICHARD. SAMUEL ROOTSEY, Esq. C. B. FRIPP, Esq. Dr. JOHNSON. H. B. MILLER, Esq, Dr. GAPPER. THOMAS EXLEY, Esq. Mr. J. S. MILLER (Curator) MATTHEW MOGGRIDGE, Esq. RICHARD SMITH, Esq. CHARLES POPE, Esq. ROBERT RANKIN, Esq. The Rev. JOHN SKINNER. Dr. DAUBENY. Sir H. T. DE LA BECHE. JOHN KING, Esq. PHILIP DUNCAN, Esq. ROBERT BRUCE, Junr. , Esq. F. NORTON, Esq. J. B. ESTLIN, Esq. Sir C. A. ELTON, Bart. J. M. GUTCH, Esq. Sir R. COLT HOARE, Bart. Dr. CARRICK. SAMUEL WORSLEY, Esq. HENRY WOODS, Esq. ― THOMAS GARRard, Esq. METEVIER, Esq. The Rev. JOSEPH BOSWORTH . The Rev. JOSEPH PORTER. ROBERT ADDAMS, Esq. J. FOY EDGAR, Esq. J. C. SWAYNE, Esq. -THOMPSON, Esq. GEORGE CUMBERLAND, Esq. - · COTTLE, Esq. JOSEPH REYNOLDS, Esq. Dr. RILEY. J. H. MOGGRIDGE, Esq. HENRY CLARK, Esq. L. E. DE RIDDER, Esq. JOHN HARRISON, Esq. J. DOVE, Esq. The Rev. Dr. CARPENTER. MATTHEW BRIDGES, Esq. Dr. SYMONDS. ROBERT RANKIN, Jun. , Esq. Mr. SAMUEL STUTCHBURY. EDWARD POCOCKE, Esq. THOMAS WILSON, Esq. Rev. JOHN HUNTER. JOHN HERAPATH, Esq. EDWARD HALSE, Esq. M. H. HARTNELL, Esq. JOHN PRICE, Esq. 42 W. RATHBONE GREG, Esq. Dr. HAMILTON. W. POOLE KING, Esq. Dr. WILLIAMS. The Marquis SPINETO. G. T. CLARK, Esq. FRANCIS J. H. Rankin, Esq. Mons. LOUIS FRECHET. HENRY ADCOCK, Esq. JOHN STANTON, Esq. IL SIGNOR SAVEIRO DONATO. WILLIAM HERAPATH, Esq. ANDREWS NORTON, Esq. J. S. DUNCAN, Esq. Dr. W. B. CARPENTER. WILLIAM SANDERS, Esq. JOHN KING, Esq. H. OXLEY STEPHENS, Esq. Dr. W. BUDD. S. SIDNEY, Esq. The Rev. G. C. SWAYNE. J. WERNER, Esq. JAMES GODFREY, Esq. AUGUSTIN PRICHARD, Esq. FRANCIS BARHAM, Esq. S. C. FRIPP, Esq. J. G. SWAYNE, Esq. EVANS AND ABBOTT, PRINTERS, CLARE-STREET, BRISTOL. [ 23 REMARKS ON THE SPEECH OF SERGEANT TALFOURD, ON MOVING FOR LEAVE TO BRING IN A Bill to Consolidate the Laws relating to Copyright, AND TO EXTEND THE TERM OF ITS DURATION. BY THOMAS TEGG, BOOKSELLER . LONDON ; PRINTED FOR THOMAS TEGG AND SON, 73, CHEAPSIDE. MDCCCXXXVII. LONDON : BRADBURY AND EVANS, PRINTERS, WHITEFRIARS. TO THE RIGHT HONOURABLE SIR ROBERT PEEL, BART. SIR, Your connexion with education and literature, as Lord Rector of the University of Glasgow, induces me to take the liberty of addressing to you the following remarks on the published speech of Sergeant Talfourd, in favour of the bill he has introduced into Parliament for an alteration in the law of Copyright. The position you hold in the House of Commons renders your opinion, on this and every other subject discussed there, of pre-eminent importance ; and I feel that the statements I have the honour to lay before you will have their full bearing on the measure of Sergeant Talfourd, if they pass the ordeal of your investigation . I have the honour to be, Sir, Your very faithful and obedient servant, THOMAS TEGG.

REMARKS, &c. THE peculiar branch of the publishing business in which I am engaged, offers views respecting the question of Copyright which have, not, perhaps, presented themselves to Sergeant Talfourd, and many other Members of the House of Commons ; otherwise I think that the very important alteration of the law of Copyright, proposed by the Bill of the learned Sergeant, would have been met by some startling objections. It appears to me, that the learned Sergeant is wrong in the very basis of his argument. I conceive that the end proposed by the law of Copyright * is the same as that in the case of Patents for mechanical inventions,

  • My remarks apply to the law as it stands and to the principles

on which it is established. It is useless to argue about that which, by the showing of the learned Sergeant, the Judges have solemnly decided not to be law. The learned Sergeant is of course aware that Pope took out a patent for the translation of the Odyssey ; and at the time I commenced business, it was not uncommon for booksellers to take out patents for new books. 6 and new processes in the arts, -namely, public advantage ; not individual reward. The temporary monopoly is offered, in either case, as the means of repayment for the study, skill, and talent, and also for the employment of capital, requisite for attaining that public benefit which the thing produced, whether literary, scientific, or mechanical, is calculated to afford ; and it would be contrary to just principles, and contrary to the practice in any case where the public interest is concerned, to offer a rate of payment beyond what is sufficient for calling forth the labour, research, and talent necessary for its production. The same qualities of mind are exerted in mechanical inventions and scientific discoveries, as in literary composition ; and very often-generally indeed-there is great previous expense in apparatus, models, &c.; but the reward in those cases is limited to fourteen years' monopoly, and that is clogged with an expense of about £450 in procuring patents for England, Scotland, and Ireland ; while, in the case of literature, the monopoly takes place at once on entering the publication at Stationers' Hall, and lodging a certain number of copies of the work ; and, by the existing law, endures for twenty-eight years, and for the life of the author, should he survive that term . It may be thought, perhaps, that literary productions have a higher and more important influence on 7 the public than mechanical inventions, and emanate from minds of a superior rank, and require a longer course of previous study ; but, on the other hand, it is to be considered, that the mechanical or scientific improvement operates with infallible certainty for the public good, while a literary production may be either wholesome or pernicious. It must also be considered, that all the most positive and apparent wants of mankind have been already supplied by machinery and processes, more or less simple, the fruits of ages of study and contrivance ; so that any new advance must be the result of elaborate investigation, and combinations of an intricate, or, at any rate, not obvious nature. The steam-engine -the machinery for printing-for making blocks for shipping -that for spinning-weaving-lace-making -paper-making the safety-lamp, and the calculating machine-are specimens of mental power that may vie with the most splendid efforts of genius in literature ; and it is a great question whether civilisation is more promoted by literature than by those arts which conduce to the convenience and comfort of mankind. It appears to me very difficult to support the doctrine, that literary labour is not sufficiently promoted by the present rate of public payment for it. The plough seems to be wrought with the greatest diligence in all the fields of literature, and with such suc- 8 cess, that authors and booksellers are only at a loss for subjects on which they can hope to excite the attention of the public. The learned Sergeant would do the literati of this country much more service by starting two or three new subjects for them to write down, than by obtaining an extension of the term of copyright ; for ninety-nine out of the hundred writers know that sixty days, instead of sixty years, is the natural term of their intellectual progeny. Authors of great acquirements and talents do not want the stimulus of additional pecuniary encouragement : those of the highest class write, in many cases, from the hope of fame and professional distinction, but know also that they need not want pecuniary remuneration ; and what advantage is it to the public to flog on the inferior artists ? " And force them, as it were, in spite Of Nature and their stars, to write." The learned Sergeant ought to be aware of the high scale of remuneration at present afforded to literary men by the competition of booksellers, and to appreciate also the glory that is awarded to them, and in which he himself is a sharer. "Death itself loses its terrors " (for the successful author) " when he considers that its " dominion extends only over a part of him ; and that, " in spite of death and time, the rage of the elements, and the endless vicissitude of human affairs, he is 66 9 " assured of an immortal fame among all the sons of " men." It is not without surprise that I see the House of Commons so disposed to entertain the proposition of the learned Sergeant. The great advantage of literature is in its effects on the public, by facilitating their instruction, extending their information, enlarging their mental power, inculcating just, honourable, and religious principles, and affording a refined species of entertainment. Its operation in this way is eminently conducive to the public good, and would be best promoted by the unrestricted liberty of publication ; so that it is for the interest of the public that the author's monopoly should not exceed that term that is sufficient to afford him compensation-in other words, induce him to write. Many striking instances might be adduced of the difference of price during the author's monopoly, and subsequent to the right of printing being opened to the public ; e.g. TheLayofthe Last Minstrel, published at £2 2 0 Now sold at Marmion, published at Now sold at - 0 2 0 · 1 11 6 - 0 2 0 Bridgewater Treatises, published in England, at Sold in the United States, at - 7 15 0 1 2 0 Clarendon's History of the Rebellion is perpetual 10 copyright to the University of Oxford ; were it not so, I should publish it at one- fifth of its present price. The argument of the learned Sergeant reminds me of the old and celebrated legal decision , that spectacles were made for the nose ; but I hope the House of Commons will, as they ought, protect the public interest, and more particularly so, by reason that the interest of the mass of authors would not be benefited by the uncalled-for extension which the learned Sergeant proposes ; because most of the sciences and subjects about which books are written, are in the course of continual change, as may be judged from the following brief sketch, viz.- EDUCATION.-Are there not new methods of instruction continually introduced ? Do not the researches of scholars find something inaccurate, or redundant, or deficient, in existing school- books, which they correct, or remodel, or rewrite accordingly ? HISTORY AND BIOGRAPHY.-Is it not manifest that new mines of information are continually opened up, and that there is constantly much to correct, and much of fresh matter to communicate ? NATURAL PHILOSOPHY AND SCIENCE.Has there not been a gradual march of discovery since the time of Lord Bacon, which in many instances makes the facts of one year mere historical records in the next ? what chemical, or botanical, or even mathematical, copyright requires sixty years' protection ? 11 GEOGRAPHY, COMMERCE, AND STATISTICS.- Have human affairs that stability to make it desirable for authors on those subjects to have sixty years' duration of their copyrights ? Is it not rather necessary to write their books afresh almost every second year? Are our LAWS like those of the Medes and Persians ? or are they not in the course of annual change ? and changes sometimes of the most extensive and fundamental character. Do our Surgeons and Physicians lag in the career of experiment and discovery ? or rather, do not the art and science of MEDICINE receive daily elucidation, and become established on more sound and accurate principles, both by investigations strictly in the line of the profession, and by the aid of chemical, electrical, and botanical discovery ? CRITICISM AND METAPHYSICS. -Without meaning to undervalue the labours of the authors on these subjects, I think the public would not trouble their heads whether the law gave them sixty or six hundred years' monopoly. I question whether the writers of reviews, magazines, annuals, and miscellanies of various kinds, do not think their accounts with the public closed for ever, when they receive their payment per sheet. We hardly ever hear of reprints of TRAVELS, twentyeight years after their publication. 12 DIVINITY-I apprehend that those who write on this subject have better objects in view than their own gains ; and in this branch of publication that which is calculated to benefit the public, cannot be too promptly and cheaply diffused . These facts are too obvious to have escaped the learned Sergeant, and it must be observed that they have compelled him to limit his instances of the hard fate and want of encouragement of authors to two classes, viz. Poets and Novelists, whose productions are born complete and unchangeable. " Paradise Lost," and " Don Quixote, " are the same now as in the days of Cervantes and Milton ; and it is my sincere hope that "Ion " and " Waverley " may enjoy as lasting admiration, and yield equal delight. I would not deny these classes of authors the full meed of reward, and I value their works too highly to be niggardly of encouragement ; but the due measure of that is the question which the learned Sergeant has brought before the legislature, and I can really see no proper standard for deciding it, but the experience of public supply. Now as to the number of novels and poems, I think that the learned Sergeant must admit that the market is not understocked. In bringing his proposition before the House of Commons, he was not backed by petitions from Circulating Libraries and Book Societies, complaining of paucity of new books. I J 13 have not heard that Messrs. Colburn, Bentley, Saunders and Ottley, and Macrone, find a dearth of authors, pen in hand, ready to fit a novel to a fortunate title, whether the subject be ludicrous or horrible, sentimental or fashionable; and as for poetry, I question whether the learned Sergeant would not think it a hard doom to read all that the press brings forth, even with the present rate of encouragement. The deficiency of supply cannot be a ground for applying to the legislature ; even the cheesemongers and trunkmakers complain no more than the booksellers and the public. Would thelearned Sergeant call upon the legislature to alter the existing law for the object of multiplying inferior books, of heaping up the mass of second and third rate literature ? He is bound to show, not only that an author of superior merit has gone unremunerated, but that the reward offered, in addition to the stimulus of public applause, is insufficient to rouse superior men to the full exertion of their powers, before the House of Commons can grant the extension of monopoly he claims. But it is idle to talk of sustaining his application on such grounds : there is no fact more evident, prominent, palpable, than that literary labour was never so highly rewarded before in any age or country. Education has immeasurably increased the number ofreaders within afew years ; the 14 taste for literature, the desire of knowledge, and the opulence of the country, cause people to buy books ; it is a luxury in which the public have liberally indulged ; and the notoriety afforded to new books by Reviews and Periodicals, renders it impossible for Sergeant Talfourd to point out any instance of an author's merits not having been appreciated and rewarded. Sergeant Talfourd instances the neglect of Milton, but that was the neglect ofaformer age, of a different sort of community ; and if the law had then been what Sergeant Talfourd proposes to make it, I beg to ask him whether Milton would have got five guineas more for his greatest of poems ? And supposing the people of this country had remained in the same state, would his heir have got fifty pounds for the remaining copyright, twenty-eight years after the first publication ? The historical fact respecting Milton has so little bearing on the question, that I wonder the learned Sergeant did not advert to the inference established by it, namely, that this illustrious man, when he meditated " to adorn his country by some great performance," when he wrought upon it with the divine fervour and energy of the true poet, had no thoughts of pecuniary reward ; he laboured solely under the poetic impulse, exalted, as he tells us, with the pious hope to " justify the ways of God to men." The case is parallel with Defoe. The learned Ser- 15 geant must be aware that in these days Defoe would have rivalled the most successful of modern authors in the extent of his gains. He was not only a genius, he also understood the whole craft of authorship and bookselling ; but he lived among a comparatively uneducated people, and he wrote in a violent style on political subjects, when the press was in a degraded state ; still, punished and unpaid, he did write, and who in these times of literary reward has produced works that will outlive those of Defoe ? Can the learned Serjeant shut his eyes to the great but recent effect of education ? Immortal but unfortunate Burns lived forty years too soon for emolument, and he lived before his writings had made the English acquainted with the Scotch language ; but has the higher scale of reward produced anything equal to him since ? I cannot help thinking the learned Sergeant is particularly unfortunate in quoting the case of Sir Walter Scott among the instances of unrewarded literary merit. Sir Walter enjoyed all those advantages which I have stated that the other authors alluded to by the learned Serjeant wanted, and the law was so altered in his time as to double the period of monopoly granted for the encouragement of literature ; and it is really no more than fair to the public to go into his case with some 16 degree of detail, and to adduce his own evidence on the subject from authentic sources. The pecuniary situation of Sir Walter Scott's family has no proper bearing on this question . Sir Walter engaged in trade, and he was unfortunate in his trading speculations ; he purchased unprofitable land, built an expensive house, and lived in a hospitable style, and he became insolvent ; but to make his case an authority for the proposed alteration of the law, the learned Sergeant is required to show that Sir Walter was not induced to exert himself to the utmost as an author, and that he was not adequately remunerated for his literary labours. Now as to the claim for additional remuneration for his works in the gross, I think if we had a jury of authors, with Homer himself for foreman, they would hardly bring a verdict of one shilling against the British public. The learned Sergeant, on the proof of a quarter of a million sterling profit, during the life of the author, would hardly expect the case to be sent to the jury. But what says Sir Walter himself ? We all know now the history of the manuscript of Waverley; it was partly written and thrown by for several years : subsequently Sir Walter met with it by accident, and completed it, and having done so, sent John Ballantyne to offer it to Constable and Co., and we are told by Mr. Lockhart that Constable offered 17 700l. for it this was refused, but with a hint that the author would take 1000., which was not given, and it was published for Sir Walter's private account. Now here is an instance of an author in the full tide of success, at the very pinnacle of reputation, estimating his own work at 1,000l.; and I venture to say, that before the death of Sir Walter, that individual book produced not less than 10,000l. profit ! to say nothing of the magic of its name. The success of this work showed Sir Walter a new road to fame-and paved with gold-and can the learned Sergeant say that after this he loitered on the way ? -did he not write with an inexhaustible ink-horn, and a steel pen, till the public almost fancied there were six " authors of Waverley " in the field. Few men have contributed more to the public enjoyment than Sir Walter Scott, but I think it will be recorded that he had the good fortune to live in an age and in a country so peculiarly favourable to literature, that no author from the creation of the world ever reaped so large a harvest of honour and emolument. Mr. Coleridge and Mr. Wordsworth may probably deserve the encomiums of the learned Sergeant, but I, like the public at large, have not arrived at that maturity of poetical taste, to be fully sensible of their B 18 beauties ; and I rather think Mr. Talfourd's publisher, Mr. Moxon, would tell him that the admiration of that style of poetry is still confined to the gifted, or initiated, or enlightened few : the fault may not be in the poetry, but they who write for profit (and that is the question in debate, though, probably, these poets despised it ) should remember, that Molière, who charmed, and still charms, all the world, always tried the effect of what he wrote upon the old woman. And I cannot help suspecting, that the heirs of Mr. Wordsworth will not find his admiring minority, or section of the public, increase very fast for some generations to come ; at any rate, it is not worth while to alter the law for the chance of it. But if, upon the general question, it appears not conducive to the interest of the public, and not necessary for the encouragement of literature, to lengthen the duration of copyrights, what are we to think of the measure of the learned Sergeant in other respects ? He proposes to create a copyright, not now existing, in favour of the future families or representatives of authors-to give a new monopoly to those who have done nothing to create a claim to it, and who have never had reason to expect such a boon at the public expense. Can the learned Sergeant have thought seriously of this novel system of legislation ? How is a Cyclopædia, an Annual Register, or any long set of books which have come out perio- 19 dically, like the Gentleman's or Philosophical Magazine, or the Edinburgh or Quarterly Review, to be sold by the publisher, when new copyrights are formed, as Sergeant Talfourd proposes, and attach to different parts of it ? Or suppose a book made up like Pope's translation of the " Odyssey," or the second part of "Absalom and Achitophel," by private assistance, what confusion would result between the heirs of the authors ? Then again, is it not the policy of legislation to limit entails, and simplify contracts ? But the learned Sergeant is proposing to take the disposal of a man's property out of his own hands ; and even if he have no relation, and cannot guess who may be his representative, to deprive him of the power to sell his property out and out. Will there be a clause in the bill, to give all Godsends, arising from the want of claimants for literary property, to the Literary Fund ? Assuredly, the learned Sergeant does not show much respect for the discretion and judgment of his literary brethren. There would also be a great injustice to booksellers in the plan proposed, by reason of the enormous expense they incur in advertising a work. The expense of making a book known, is much greater than the public, and, perhaps, than members of the House of Commons, have any idea of ; and this all falls on the bookseller, who knows that the connexion he forms with the 20 book survives the term of the monopoly, and that he retains a sort of good-will property, after the expiration of the copyright, and generally the principal share of the subsequent sale. Nor is this all ; if there be a probability of continued sale, the bookseller generally has the work stereotyped, and risks a large property in the plates, as I believe has been done with the works of Scott, Byron, Crabbe, and many others ; but all this is by the bill of the learned Sergeant to be taken away from him : yet the booksellers are abundantly necessary to authors, of which I can produce the evidence of Sir Walter Scott, who says, in a letter to Miss Seward, lately published in his Life by Mr. Lockhart, " Though the account between an indi- " vidual bookseller and such a man as Southey, may be 66 * iniquitous enough, yet I apprehend that, upon the " whole, the account between the trade and the authors " of Britain at large, is pretty fairly balanced ; and "what these gentlemen gain at the expense of one class . 66 of writers, is lavished , in many cases, in bringing for- " ward other works of little value. I do not know " but this, upon the whole, is favourable to the cause " of literature. A bookseller publishes twenty books, " in hopes of hitting upon one good speculation, as a

  • An unfortunate word, and egregiously misapplied.

21 66 person buys a parcel of shares in a lottery in hopes " of gaining a prize —thus the road is open to all ; and " if the successful candidate is a little fleeced in order " to form petty prizes to console the losing adventurers, " still the cause of literature is benefited . " I would beg to submit that the British House of Commons has no need to undertake the care and management of the interests of literary men all over the world ; and that it is premature to make laws for giving foreign authors copyright in their works here, without ascertaining whether those of our own country would obtain equal advantages abroad. The publications of British authors are immediately printed in various parts of the Continent, as well as in America ; and the number of parties, as well as different states, interested in the beneficial trade arising from this, is so great, and the buyers, both British and foreign, so numerous, that I think it would be almost impossible to make arrangements to give copyright to British authors in foreign countries, and absolutely so to make it practically efficacious. In any case an author of reputation can, by proper arrangements with booksellers in different places, secure a simultaneous publication, and a copyright in many different countries ; but so far from co-operation in making the monopoly for British works more strict and more easily attained than at present, I think that we 22 should find great opposition to it in the United States. The local protection of their own authors is matter of general concern, and therefore of national legislation ; but I think the States would consider the creation of a new description of copyright, in favour of foreigners, a matter to be decided by the state legislatures, and that they would universally reject a proposition so disadvantageous to the American public. I have no objection to urge to the minor reforms proposed in the bill of Sergeant Talfourd, but hope I have succeeded in demonstrating that the serious alterations which he proposes in the law of copyright are as unreasonable, as they are unnecessary and uncalled for, and would be detrimental to the public interest , without promoting that of authors. With respect to literature generally, I particularly wish to call attention to the immense number of readers created by the spread of education, and the public importance of furnishing them with books at a cheap rate ; and that this cannot result from monopoly I think is sufficiently manifest from the fact I before noticed with respect to the Bridgewater Treatises, namely, that in this country, where the price is kept up by the existing monopoly, they cannot be obtained under seven pounds fifteen shillings ; while in America they are sold for one pound two shillings. 23 I apprehend that there is little chance of this bill proceeding in the present Session of Parliament ; and if revived at any future period, would recommend the following title to be substituted ; viz. A BILL, WITH AN EX POST FACTO OPERATION, TO ENCOURAGE CERTAIN BRANCHES OF LITERATURE, AND TO ENHANCE THE PRICE OF BOOKS TO THE PUBLIC. THE END. LONDON : BRADBURY AND EVANS, PRINTERS, WHITEFRIARS.

[3] Ein unbekannter Druck von William Caxton aus dem Jahre 1483. In der Bibliotheca Hechto- Heineana zu Halberstadt aufgefunden und beschrieben von Dr. G. Könnecke, Königlm. Archivsekretäre in Marburg. Mit einem photolithogr. Facsimile aus der Anstalt von L. Bickell in Marburg. Marburg 1874. 1 [610.] Ein unbekannter Druck von William Caxton aus dem Jahre 1483. Mit einem Facsimile. In einem Sammelbande der vom verstorbenen Oberlandesgerichtsrathe Hecht in Halberstadt zusammengebrachten, jetzt im Besitze der Familie Heine daselbst befindlichen, an Handschriften und litterarischen Kostbarkeiten (namentlich historischen Flugschriften, historischer Litteratur überhaupt) reichen Bibliothek entdeckte ich vor einiger Zeit in einem Sammelbande in 4° eine typographische Seltenheit, wie ich sie unter dem meist aus theologischen Dissertationen des XVII. Jahrhunderts bestehenden Inhalte desselben nicht erwartet hatte. Es war nichts weniger als ein Druck von William Caxton, undatirt, und, wie es die angestellten Untersuchungen ergeben haben, ein bisher unbekanntes Unicum aus dem Jahre 1483. England, welches unter den Kulturstaaten Mitteleuropas erst ziemlich spät die Buchdruckerkunst auf seinem Boden ausübte, hat doch das Verdienst, sich mit der sorgfältigsten Sammlung und wissenschaftlichen Beschreibung der Erzeugnisse seiner ersten Druckpressen in nachahmenswerther Weise befasst zu haben. Oeffentliche Bibliotheken wie die des Britischen Museums, die Oxoniana und die Cambridger haben es immer schon für eine Ehrensache gehalten, was von den ersten Erzeugnissen Englischer Pressen auf den Büchermarkt kam, zu erwerben. Reiche Englische Private bemühten sich in sprichwörtlich gewordenem Wetteifer den grossen Bibliotheken hierin nicht nachzustehen: den öffentlichen Bibliotheken Englands sowie den Englischen Bibliomanen stehen freilich auch Mittel zur Erwerbung von bibliographischen Kostbarkeiten zu Gebote, wie dies sonst nicht weiter der Fall ist. Die wissenschaftliche Bibliographie in England hielt mit dem Sammelfleisse nicht gleichen Schritt. Die erste nennenswerthe Leistung ist die von J. Ames ,,Typographical Antiquities" aus der Mitte des vorigen Jahrhunderts ( 1749). Nach bibliographischem System ist 4 Ein unbekannter Druck von William Caxton a. d. J. 1483. dies Werk noch nicht gearbeitet, ebenso wenig die neueste Bearbeitung derselben von Th. F. Dibdin, London 1810 ff. Es war aber immerhin eine bedeutende Leistung und, wie alle ähnlichen Englischen Publicationen , ausgezeichnet durch eine Fülle von sorgfältig gesammeltem Stoffe und eine Menge von Facsimiles, welche den Bibliographen eine Anschauung der beschriebenen Kostbarkeiten geben. Selbstverständlich fand Caxtons Presse bei Ames und Dibdin ziemende Berücksichtigung. Einmal druckte er das 1732 erschienene Leben Caxtons von Lewis wieder ab , dann handelt er auf 390 Seiten von Caxtons Drucken. Er beschreibt deren 63 , oder, wenn man die unter Nr. 43 aufgeführten 15 kleinen hinzufügt, 77. Die Monographie von Charles Knight, London 1844, 16º, ist ein unwissenschaftlicher, für ein grösseres Publicum bearbeiteter Auszug aus Lewis und Dibdin, mit novellenartigen Excursen aller Art. Auf pg. 215 ist nur ein neuer Druck und zwar sehr unbestimmt als 64) ,, a fragment of a Ballad preserved in a volume of scarps and ballads in the Britisch Museum", aufgeführt. Siebenzehn Jahre später erschien das Standard Work von William Blades : ,,The life and Typography ofWilliam Caxton. London. " Bd. I 1861. Bd. II 1863. 4º . Es ist auf breitester Grundlage gearbeitet. Er beschreibt 94 Erzeugnisse von Caxtons Presse ; von 556 von ihm aufgezählten Exemplaren hat er mehr als 500 selbst gesehen. Er weist 6 , mit den Nebenarten derselben 8 ( 1. 2. 2*, 3. 4. 4. 5. 6. ) Typenformen (ausser grösseren Initialen) Caxtons nach, und führt von jeder die einzelnen Typen, Ligaturen, Interpunctionszeichen, Zahlen u. s. w. genau an. Diese genaue Feststellung namentlich der Ligaturen in jeder Typenfamilie ist eine der bedeutendsten Leistungen auf typographischem und paläographischem Gebiete. Den ersten Band zieren 9, den zweiten 53 Platten. Ausserdem sind zahlreiche Holzschnitte eingedruckt. Man erfährt, wo jedes einzelne bekannte Exemplar eines Werkes vorhanden ist , ja selbst die Preise oder das Vorkommen irgend eines Caxtonischen Werkes in Englischen Bücherkatalogen werden genau angeführt. Ein Hauptverdienst ist ferner die kritische Ausscheidung des Unechten, die genaue Auseinanderhaltung einzelner Ausgaben und der Versuch einer Chronologie der undatirten Drucke, welche übrigens noch der Verbesserung fähig ist. Deutschlands erste Pressen in Mainz sind bis jetzt leider noch nicht in ähnlicher Weise in einer klassischen Monographie behandelt worden gestritten und geschrieben ist freilich schon an verschiedenen Orten von berufenen und unberufenen Federn genug darüber. Wenden wir uns jedoch unserem Caxtondrucke zu. Zunächst möge eine äussere Beschreibung folgen. Zuerst messen wir das nach seiner Trennung aus dem Sammelbande nicht wieder eingebundene, sondern nur mit einer starken, nach Ein unbekannter Druck von William Caxton a. d. J. 1483. 5 keiner Seite überstehenden Papierschale umgebene Bändchen von aussen und enthalten die Maasse 0,203 m. hoch und 0,143 m. breit. Von Papier sind in demselben zwei Sorten verwendet; in einem ist als Wasserzeichen eine ausgebreitete Hand, von deren Mittelfinger eine 5 blättrige Sternenblume auf einem etwa zolllangen Stengel ausläuft. Dieses Wasserzeichen ist von dem bei Blades Bd. II, Tafel 18,8 abgebildeten verschieden. Es kommt einmal vor auf dem Bogen, welcher die Lagen aj und ajj bildet. Fünfmal erscheint ein anderes (pg. 5-12, 17-48) bei Blades gleichfalls nicht ausgeführtes Wasserzeichen, welches einer aufgemachten Schere ähnlich ist. Das Papier des ersten mit der Hand ist etwas gelber als das mit der Schere, es ist auch nicht so stark wie dieses. Beide Papiere sind gerippt ; in dem ersteren treten die Querstreifen , welche die Rippen durchschneiden , deutlich hervor , bei dem letzteren nur schwach , fehlen öfters ganz. Das Buch ist complett und hat 24 Blatt. Natürlich keine Blattoder Seitenzahlen¹), wohl aber Signaturen. Das erste Blatt ist leer und wie seine Zugehörigkeit zu Blatt 8 beweist , nie bedruckt gewesen. Daher fehlt auf diesem ersten Blatte auch die Signatur aj ; das zweite Blatt hat die Signatur ajj u. s . w. bis cjjjj. Der Band besteht also aus 3 Quaternionen. Diese 3 Quaternionen bestehen jedoch nicht aus ursprünglich 3, sondern aus 6 Papierbogen. Dies geht aus den Wasserzeichen hervor. Im ersten Quaternio ist nämlich die Signatur (aj) ajj (pg. 1. 2. 3. 4. 13. 14. 15. 16.) auf dem Papier gedruckt , welches die Hand als Wasserzeichen hat ; ajjj ajjjj hingegen auf demjenigen, in welchem die Schere als Wasserzeichen vorkommt. Aehnlich kommt im Quaternio 2 auf Sig. bj bjj (pg. 17-20; 29-32) ein besonderes , auf bjjj bjjjj (21-28) gleichfalls ein eigenes Wasserzeichen vor, woraus hervorgeht, dass bj bjj auf einem bjjj bjjjj auf einem andern Bogen gedruckt sind. Desgleichen ist der Quaternio 3 aus 2 Bogen zusammengesetzt. Caxton hat also zu diesem Drucke nicht 6, sondern 12 Platten, jede zu 4 Seiten setzen müssen. Blades hat 6 resp. 8 Typenformen Caxtonischer Drucke nachgewiesen. Mit Hilfe der auf Band II . Tafel 18C. für die einzelnen Typenformen aufgestellten Zeilenmesser ist es bald ermittelt, dass der Druck mit der Type 4* gedruckt ist . Die volle Seite hat meistentheils 25 Zeilen, nämlich die Seiten : 3. 4. 6. 7. 8. 10. 11. 13. 15. 16. 17. 18. 20. 21. 23. 24. 25. 28. 29. 30. 31. 32. 34. 35. 37. 38. 39. 40. 41. 42. 43. 45. 46. Desgleichen waren die Seiten 5. 9. 12. 22. 44. 47. auf 25 Zeilen berech1) Wegen der Einfachheit des Citirens ist es praktisch anzunehmen, das Werkchen sei paginirt, u. zwar sei mit 1 auf der ersten unbedruckten Seite angefangen. 6 Ein unbekannter Druck von William Caxton a. d. J. 1483. net ; auf pg. 5. ist jedoch wegen eines Absatzes der Raum für Zeile 3 frei geblieben, so dass sie nur 24 Zeilen bei einer Länge einer fünfundzwanzigzeiligen Seite hat ; desgleichen blieben auf pg. 9 die Zeilen 10. 12. 16. 19. 20. frei ; bei pg. 12. die Zeilen 8. 9. 11. 12 ; auf pg. 22 sind die Zeilen 8. 9. frei ; 10. 11. 12 , durch einige grössere Typen (Klasse 3) als die gewöhnlich angewendeten (Klasse 4*) ausgefüllt ; die von Zeile 12 an frei gebliebene untere Hälfte bis Zeile 16 und die Zeilen 19, 20, 21 sind wiederum frei ; auf pg. 44 sind die Zeilen 5. 6. frei ; auf pg. 47 die Zeilen 12. 17. 20. Seite 14 ist eine volle Seite zu 26; die Seiten 19. 33. 36 sind volle Seiten zu 24 Zeilen. Seite 27 war gleichfalls für 24 Zeilen berechnet ; die Zeilen 2. 3. 7. 8. 9. sind jedoch frei. -- - Nicht voll sind die Seiten 26. und 48. Auf pg. 26. ist noch nach dem Typenmaasse der Type 4* Spatium für 13 Zeilen ausgefüllt, doch so, dass nur 1-6 in der Type 4* gedruckt ist ; dann folgt ein leeres Spatium in der Höhe von Type 4* , hierauf eine Zeile gedruckt in Type 3 ; dann wieder leeres Spatium in Höhe von Type 4*. Hierauf noch einmal Spatium von Höhe 4*, und dann wieder Zeile von Type 3. Seite 48 hat 23 Zeilen. Die Breite einer bedruckten Seite beträgt 0,080 m. , die Höhe einer vollen Seite von 24 Zeilen dagegen 0,121 m ; einer Seite von 25 Zeilen 0,125 m.; die einer Seite zu 26 Zeilen 0 , 129 m. Caxton hat dieses Format nur noch einmal angewandt und zwar in dem ,,Servitium de visitatione" , welches aber in Type 4 gedruckt ist (Blades II. pg. 139 Nr. 49. Facsimile auf II, 36) . Da ein verhältnissmässig kleines Format auf einen nur 4 mal getheilten Bogen in Folio abgezogen ist, musste es kommen , dass bei einem wenig beschnittenen Exemplare, wie dem unseren , die Ränder ziemlich breit sind, und so dem ganzen Werke das Ansehen eines Quartanten gegeben ist. Durchschnittlich ist bei der 25zeiligen Seite der obere Rand breit : 0,029 m. der untere 0,052 m. der Rand zunächst dem Schnitt 0,045 m. der Rand zunächst dem Rücken 0,027 m. = Das ,,Servitium de visitatione" muss auch ziemlich breite Ränder haben, da das einzig bekannte Exemplar des Brit. Museums (nach Blades II. pg. 139) 8 % Zoll : 55% 0,224 m.: 0,144 m. misst. Wie oben erwähnt, ist die Grösse unseres Exemplares 0,203: 0,143 . Die Breite stimmt also mit derjenigen der Visitation, nicht aber die Höhe. Nun fällt gleich Jedem auf das Missverhältniss der Breite des oberen Randes unseres Exemplars zu der des unteren : der obere ist 0,023 m. schmäler. Nimmtman jedoch an, dass dasselbe ca. 0,023 m. beschnitten ist ( wie das in einem Sammelbande und auch sonst vorgekommen sein kann) und zählt diese Differenz von 0,023 zu dem Höhenmaasse unseres Werkes : 0,203 m, so erhalten wir ziemlich genau die Höhe des Servi- Ein unbekannter Druck von William Caxton a. d. J. 1483. 7 - tium 0,226. Es sind nur 2 m. m. Unterschied und zu bedenken ist , dass die Bestimmungen nach Achtel Zollen, wie sie Blades hat, nicht ganz genau sind. - Zu weiteren äusseren Merkmalen unseres Druckes gehört das Fehlen der Initialen. Auf Seite 1. 9. 12. 22. 27., dem Anfange je eines Abschnittes, ist nämlich von den ersten beiden Zeilen der Raum von je 2 Buchstaben für die Initiale offen gelassen und in dieser mit kleiner Minuskel, an die Typenstelle des ersten Buchstabens der ersten Zeile, für den Rubrikator die fehlende Initiale hineingedruckt. Der zweite Buchstabe der Zeile ist immer Majuskel der Type 4 *. Die Type ist (wie schon oben vorläufig gesagt wurde) die von Blades mit 4* bezeichnete ( II Tafel 18) . Das ist schon mit Hilfe des auf II Tafel 18 C angebrachten Typenmessers leicht zu konstatiren : 25 Zeilen messen genau 0,125 m. Noch klarer wird es, dass unser Druck zu dieser Klasse gehört, wenn man die sorgfältige Schrifttafel dieser Type, in der alle vorkommenden Typen, Zahlen, Interpunktionszeichen dieser Klasse aufgeführt sind, und die gegebenen Facsimiles vergleicht. Der Verfasser hat es nicht unternommen, jede einzelne Type genau mit der Blades'schen Tafel, namentlich auf die Unterschiede von 4 und 4* hin, zu prüfen. Im Allgemeinen hat er aber die Richtigkeit derselben bestätigt gefunden. Es ist nur zur Ergänzung hinzuzufügen, dass in unserem Drucke die Ligatur et, wie sie nach Blades in 4* nicht mehr vorkommen soll, sich in dem Drucke noch findet. Ausser der Type 4 findet sich auf 2 Seiten, nämlich pg. 222) als Unterschrift S. C. Vjj Januarii M. CCCClxxxjj und pg. 26 kommt gleichfalls als Unterschrift S. C. Vjj Jan. M. CCCClxxxjj Excripte XI diae ante dicte die Type 3 vor, welche auch sonst in Drucken der Type 4 und 4* als Zierschrift verwendet wird. Ein Titel fehlt unserem Drucke, als solcher muss die in dem dieser Abhandlung beigegebenen Facsimile nachgebildete Subscriptio gelten. Sie ist eingeleitet mit dem gebräuchlichen Finiunt. Der Druckort ist nach der Subscriptio Westminster ; das Jahr des Druckes fehlt. Die hierüber anzustellende Untersuchung erfordert es, jetzt von der äusseren Beschreibung des Druckes abzusehen und vorerst den Inhalt desselben näher vorzuführen. Wie aus der Subscriptio hervorgeht, sind 6 Briefe, welche wegen des Bellum Ferrariense zwischen dem Papste Sixtus IV. , dem Cardinalscollegium und dem Herzoge Johannes Mocenigus gewechselt sind, 2) vorhergehende Seite. -8 Ein unbekannter Druck von William Caxton a. d. J. 1483. in der Schrift enthalten. Diese Bezeichnung ist nicht ganz genau, denn der letzte , sechste Brief ist im Namen der Republik Venedig und nicht vom Herzoge Joh. Mocenigus an den Papst gerichtet. Eine Periode des Krieges , welcher zwischen den Dynasten und Republiken Ober- und Mittelitaliens seit dem Jahre 1482 entbrannt war, wobei es sich namentlich um den Besitz von Ferrara handelte, und welcher schliesslich durch den am 7. August 1484 abgeschlossenen Frieden ad Clavicas beendet wurde , ist der Gegenstand unserer Schrift. Die 6 Briefe, welche eine genaue Erzählung des ganzen Krieges bis etwa Ende Februar des Jahres 1483 geben, sind eingeführt durch eine 2 Seiten lange Einleitung. Diese führt den Leser kurz in die Ereignisse ein, und schliesst mit der in den 6 folgenden Schreiben nicht enthaltenen Nachricht , dass dem Prokurator S. Marci , Bernardus Justinianus, der Auftrag geworden sei, dem Papste Sixtus IV. auf sein Schreiben (das fünfte unseres Druckes) zu antworten. Dieses Factum fällt gegen Ende des Februar 1483 und ist der undatirte 6te Brief unseres Druckes, die von Bernardus Justinianus abgefasste diploma- tische Note³). Das erste Schreiben (pg. 5-8), ist vom Papst Sixtus IV. an den Herzog Johannes Mocenigus gerichtet, und ersucht er denselben, vom Kriege abzustehen und Frieden zu machen. Dasselbe ist datirt Rom, 1482, December 11. An denselben ist das im nämlichen Sinne abgefasste zweite Schreiben vom Kardinalscollegium gerichtet, welches das Datum Rom 16. December 1482 trägt (pg. 9-12) . Auf das erste Schreiben antwortet der Herzog in dem dritten (pg. 13--22) ablehnend, und einen Ueberblick über die Ereignisse gebend. Dieses Schreiben ist in unserem Drucke als vom 7. Januar 1482 datirt. Dies ist offenbar ein Druckfehler , es muss 1483 heissen, denn ein Schreiben vom 11. December 1482 kann man nicht 11 Monate vorher beantworten. -- Derselbe Druckfehler kommt in der Datirungszeile des vierten Briefes unseres Druckes vor, ( für 7. Jan. 1483 ist wiederum gedruckt 7. Jan. 1482.) (pg. 22-26) , welcher an das Kardinalscollegium auf das Schreiben vom 16. December 1482 gerichtet ist. Dieses Schreiben ist ähnlichen Inhalts wie das vorhergehende. Eine directe Antwort voll directer Beziehungen auf dieses vierte Schreiben ist das fünfte ( pg. 27-43) vom Papste an den Herzog gerichtete. Er sucht die vom Herzoge in den Schreiben 3 und 4 gegebene Darstellung zum Theil zu widerlegen und seine neue Parteistellung gegen Venedig zu rechtfertigen, und fordert ihn nochmals energisch zum Frieden auf. 3 ) Siehe M. A. Coccio Sabellico historia Venetiana, edit. Venet. 1718. Pg. 842-843. Ein unbekannter Druck von William Caxton a. d. J. 1483. 9 -- Dieses ist datirt Rom XVII Calend. Martii 1482. Es muss wiederum 1483 heissen¹) . Das letzte 6te Schreiben (pg. 44-46 unseres Druckes) ist nicht mehr vom Herzog unterzeichnet. Es ist bezeichnet als : Exemplum literarum illustrissime reipublice Venete. Venedig weist nochmals die in den vorhergehenden 1. und 2., namentlich dem letzten Schreiben ( 5 ) gemachten Vorschläge energisch zurück, und erklärt, es auf die Entscheidung der Waffen ankommen lassen zu wollen. Das Schreiben ist ohne Datum, muss aber seinem Inhalte nach gegen Ende Februar 1483 abgefasst sein. Der Verfasser desselben war der schon in der Vorrede erwähnte Bernardus Justinianus. Auf diesen Brief folgen die oben schon angeführte Subscriptio (auf pg. 47, Zeile 1-11) und dann nachstehende 2 Distichen : Eloquii cultor sex has mercare tabellas Que possunt Marco cum Cicerone loqui Ingeniis debent cultis ea scripta placere In quibus ingenii copia magna valet. Den Schluss des Ganzen bildet eine ,,Interpretatio magnarum litterarum punctatarum paruarumque" , von welcher auf Seite 47 noch 5 Zeilen, auf der letzten Seite 48 aber 23 Zeilen enthalten sind. Dies möge vorerst über den Inhalt unseres Druckes genügen. Für die unterbrochene Untersuchung nach dem Alter unseres Druckes folgt daraus, dass derselbe keinesfalls vor dem Ende des Februars 1483 von Caxton gedruckt sein kann. Nun ist aber noch sehr wohl zu beachten , dass wiederum noch einige Zeit vergangen sein muss, bevor Caxton in den Besitz des (gedruckten oder geschriebenen) Exemplars der Briefe kam, welches er seiner Ausgabe zu Grunde legte. Bei der Unvollkommenheit der damaligen Verkehrsmittel, den Schwierigkeiten, welche der Weg über die Alpen und das Meer im Frühjahr darbietet, ist wohl anzunehmen, dass Caxton in Westminster nicht vor April ein Exemplar der Briefe haben konnte. Somit constatiren wir zu dem weiteren negativen Resultate, dass vor April 1483 das Werkchen nicht gedruckt sein kann, und daher muss uns der Druck nähere Daten seiner Entstehung selbst liefern. Die Klasse 4 und 4* haben verschiedene Typen gemeinschaftlich , und zwar sind die ausschliesslich der Klasse 4* angehörigen häufig gebrauchte, desshalb abgenutztere der Klasse 4, und daher neu geschnittene, etwas von den früher gebrauchten Typen abweichende. Der letzte datirte Druck, in dem die ältere Type 4 ausschliesslich zur Anwendung kommt, ist ,,the Pilgrimage ofthe Soule", vollendet den 5. Juni 1483. (Blades Nr. 45, II, pg. 129-132) . Der erste datirte 4) Diese Tagesdatirung ist sehr auffällig, denn es wird nur zur Be- zeichnung der letzten 16 Tage des Februar rückwärts mit Kal. Mart. gezählt. Vielleicht steckt auch hier wieder irgend ein Druckfehler ; s . übri- gens Anm. 5. 10 Ein unbekannter Druck von William Caxton a. d. J. 1483. Druck der Klasse 4* ist vollendet am 30. Juni 1483 , nämlich der aus 116 Blättern in folio bestehende ,, the Knight Paris and the fair Vienne“ (Blades Nr. 65, II, pg. 180-182) . In der ,, Confessio amantis", welche am 2. September 1483 fertig wurde (Bl. Nr. 50, II , pg. 139-143) , sind die ersten 21 Foliobogen noch in Type 4 gedruckt, die Bogen 22 und 23 nur noch zum Theil in Type 4, die letzten Bogen hingegen ( 24—27) ausschliesslich schon in Type 4*. Ferner sind gleichfalls in dem am 31.Januar 1484 vollendeten Werke: ,,the Knight ofthe Tower" (Bl. Nr. 51, II, pg. 144-147) die ersten 5 Bogen und die erste Signatur (fj) des sechsten in der älteren Type 4, der Rest des Bogens 6 und die Bogen 7-12 allein mit der neueren Type 4* gesetzt. Leider wissen wir nicht, wann Caxton mit dem Satz der erwähnten Werke anfing, ob er mehre Werke gleichzeitig setzen liess , und wie lange Zeit er etwa auf den Satz eines Bogens verwendete. Jedenfalls ist also anzunehmen, dass er, als das Bedürfniss eingetreten war, häufig gebrauchte Typen der Klasse 4 durch neue aus 4* zu ersetzen, nicht mehr sich der Typen 4 bedient haben wird. Da nun das erste bekannte, in Type 4* gedruckte Werk,,,the Knight Paris etc. ", am 30. Juni vollendet ist, aber aus 116 Bll. in folio besteht, so müssen wir, soweit es sich eben aus den gegebenen Daten schliessen lässt, annehmen, dass Caxton ungefähr seit Mai oder Anfang Juni 1483 die neue Type anwendete. Somit hätten wir den Terminus a quo, soweit er sich aus den typographischen Eigenthümlichkeiten des Druckes feststellen lässt, ungefähr ermittelt. Zur Feststellung des terminus ad quem ist folgendes zu berücksichtigen. Wie schon oben gesagt wurde, so fehlen unserm Drucke die grossen Initialen . Es wäre 5 mal ( zu Anfang der ersten 5 Briefe) Gelegenheit gewesen, den Druck damit auszuschmükken. An Stelle derselben ist aber jedesmal Platz von 4 Typengrössen für das Einmalen von grösseren Anfangsbuchstaben gelassen. Nun kommen Initialen in Caxton'schen Drucken zuerst vor im Aesop, vollendet am 26. März 1484 (Blades Nr. 55, II, pg. 157-160) . Allen datirten Drucken nach dem 26. März 1484 hat Caxton diesen äussern Schmuck nicht mehr entzogen. Am 26. März 1484 war der Aesop vollendet ; er ist aber ein Werk von 18 Bogen in 4º, also wohl schon zu Anfang des Jahres 1484 begonnen ; in unserem Werkchen sind noch keine Initialen angewandt, also ist dasselbe nach dem Anfange des Jahres 1484 nicht gedruckt. Somit ist, soweit es sich aus den typographischen Eigenthümlichkeiten unseres Druckes schliessen lässt, anzunehmen , dass derselbe nicht vor Mai oder Anfang Juni 1483 und nicht nach dem Anfang des Jahres 1484 gedruckt ist. Noch mehr lässt sich der so festgestellte Termin begrenzen, wenn man auf die Bestimmung des Schriftchens Rücksicht nimmt. Es ist eine historische Flugschrift, welche vor allen Dingen nur dann Interesse hat und gekauft wird, wenn sie möglichst bald nach den Ereignissen Ein unbekannter Druck von William Caxton a. d. J. 1483. 11 Käufern offerirt wird. Dergleichen Schriften dienen gewöhnlich nur dazu, das augenblickliche Bedürfniss nach Neuigkeiten zu befriedigen. Sobald etwas Neueres erscheint, wird das Alte vergessen, nicht mehr geachtet, verkommt und wird vernichtet. Das ist auch der Grund de Seltenheit rein historischer Flugschriften. Daher mag es denn auch gekommen sein, dass selbst in England von dieser ersten historischen auf Englands Boden gedruckten Flugschrift das gegenwärtige das einzig erhaltene Exemplar ist. Mit Rücksicht auf den Inhalt, die inneren u . äusseren Kennzeichen sowie den Zweck unserer Flugschrift scheint demnach der Schluss nicht unberechtigt zu sein, anzunehmen, dass sie im zweiten Drittel des Jahres 1483 gedruckt ist. In der von Blades aufgestellten Liste der Caxtondrucke würde der gegenwärtige am füglichsten demnach seine Stelle unmittelbar vor oder hinter Nr. 47 (dem Festial) erhalten. — Nach der Feststellung der Entstehungszeit unseres Werkes scheint es an der Stelle zu sein, nach den Quellen Caxton's zu forschen. Zunächst möge sich die Untersuchung auf die Briefe richten . Diese druckte Caxton jedenfalls nach einem Italienischen Gesammtdrucke oder nach Italienischen Einzelausgaben ab. In einem gleichzeitigen Einzeldrucke hat der Verfasser allerdings nur den vorletzten 5ten Brief angeführt gefunden. In Hain's Repertorium heisst es nämlich sub Nr. 14801 : (Sixtus V) Epistola ad Johannem Mocenicum Venet. ducem. F. 1a : Sixtus Papa jjjj . Dilecto filio Nobili viro Johanni Mocenico Venetiarū Duci Salute. Expl. f. 6 b. sic : Datum Rome. M. cccc. lxxxxjj . xvjj . Calen. Martii . s. 1. a. et typ. . . . 28 1. 6 ff. (Romae.) Dieser Brief ist trotz der Jahreszahl 1492 der fünfte Brief unseres Druckers. Anfang und Schluss stimmen überein ; selbst das ungewöhnliche Tagesdatum XVII. Kalend Martii kehrt wieder5) . Auch der Umfang deckt sich. Denn in unserm Drucke nimmt derselbe 417 Zeilen ein, welche sich auf 7 Seiten vertheilen ; in der von Hain angegebenen Ausgabe füllt er 6 Blatt eines Druckes zu 28 Zeilen, also 336 Zeilen. Dafür ist aber der letzte Druck in 4º, während die Seitengrösse unseres Druckes mit den heutigen verglichen nur 8º genannt werden kann. In der Jahreszahl bei Hain steckt aber ein Druckfehler. Statt der letzten X in lxxxxII muss eine I stehen , dann ist das richtige Jahr lxxxIII da. Dass bei Hain ein Druckfehler , der auch in dem Drucke, welcher ihm vorlag, gestanden haben kann, steckt, geht evident daraus hervor , dass Sixtus IV. schon am 12. August 1484 5) s. Anm. 4. 12 Ein unbekannter Druck von William Caxton a. d. J. 1483. starb, also Briefe mit einem jüngeren Datum vom ihm nicht existiren können. Ein weiterer alter Druck vor Caxton ist mir nicht bekannt geworden. Wohl aber erwähnt Petrus Cyrnaeus in seinem ,, liber de bello Ferrariensi" (Muratori S. R. It. Tom. 21, pg.1209 A): ,,Cumhaec in Ferrarensem agerentur, Ferdinandi et Helisabet Hispaniae Regum nec non Italiae Potentatuum Oratores, Romam de Pontifice questum, quod bella gereret, convenerunt, et cum eo ut pacem componeret egere. Papa, auditis legatis et animo ad ea, quae illi postulabant, inclinato, Principi Venetorumliteras misit, quarumexemplum infra scriptum est. "Und nun folgt der Brief I vom 11. December 1482. Er fährt gleich nach Anführung dieses Briefes ( I) fort : ,, In eandem fere sententiam scripsere Cardinales rogantes ut ad pacem communem veniat, cupiditatis dominandi suspicionem fugiat. Literis publice recitatis respondit, sibi bellum et hostem moenibus obsessum persequi statutum ac fixum esse." Der zuerst erwähnte Brief der Kardinäle ist der zweite unseres Druckes, der nämlich vom 16. December 1482 , denn dass er sich dem allgemeinen Frieden anschliessen solle, ist der allgemeine Inhalt desselben, und gegen den Schluss sagen die Kardinäle noch wörtlich u. a. (pg. 11). ,, cunctas superstitiones dominandi tollens". Das sodann erwähnte öffentlich verlesene Antwortschreiben des Joh. Mocenigus kann nur das dritte des Caxton'schen Druckes sein ; denn das ist kurz der wesentliche Inhalt desselben und III ist die unmittelbare Antwort auf II. - Von Drucken des Schreibens IV und VI hat der Verfasser keine Kunde erhalten. Von weiterem Interesse ist die Frage nach dem Verfasser der historischen Einleitungen (pg. 1 , 2, 3) unseres Druckes. Wie schon oben erwähnt ist, steht in denselben mehr als in den 6 nachfolgenden Briefen, nämlich die Beauftragung des Bernardus Justinianus mit der Abfassung eines Antwortschreibens an Sixtus IV. im Namen der Stadt Venedig. Diese Nachricht kann Caxton wiederum nur aus Italienischen Relationen genommen haben , welche ihm ziemlich gleichzeitig mit dem jüngsten Schreiben zugekommen sein müssen. Es ist daher vorerst sehr wahrscheinlich, dass Caxton die Einleitung zu seinen Briefen im Wesentlichen in der Form , wie sie uns in unserem Drucke vorliegt , mit den Briefen selbst empfing. Steht dies fest , so folgt daraus , dass er seine Ausgabe nicht nach dem zuvor in Italien vorhandenen Einzeldrucke der Briefe, sondern nach einer Gesammtausgabe , in welcher alle 6 Briefe in der Reihenfolge, wie sie mir jetzt vorliegen, und die Einleitung zusammen gedruckt waren, gut oder schlecht einfach abdruckte. Bestätigt wird diese Vermuthung zur Gewissheit durch die auf Seite 47/48 befindliche ,, Interpretatio magnarum literarum punctatarum parvarumque". Es sind nämlich sowohl in der Einleitung als in dem Ein unbekannter Druck von William Caxton a. d. J. 1483. 13 1 Texte der 6 Briefe gleichmässig verschiedene Abkürzungen gebraucht, so Re. p. für Re publica ; Robertus Mala für Robertus Malatesta ; Orat. procura. S. Mar. für Orator procurator Sancti Marci in der Einleitung ; dann soll nach diesem Abbreviaturenverzeichnisse et. ce. gleich im Eingange der Anrede im ersten Briefe gebraucht sein für ,,et cetera". In unserem Texte steht aber ausgedruckt : et cetera. Ferner steht z. B. im Text der Briefe L. Grifus (pg. 9.), was im Abbreviaturenverzeichnisse aufgelöst ist mit Leonardus Grifus, und dann sind meist specielle Titel, welche der Rangordnung der Römischen Kurie eigen sind, im Texte abgekürzt und in dem Verzeichnisse richtig aufgelöst. Nun findet sich in dem Caxton'schen Drucke diese eigenthümliche Art, den Text eines Druckes durch dergleichen willkürliche, zumal bei fremden Namen das Verständniss verdunkelnde Abkürzungen, unverständlich zu machen und nachher im Anhange zu erklären (soweit dies aus Blades ausgezeichneter Beschreibung sich schliessen lässt), nie , wohl aber kommt in Italienischen Drucken des XV. , ja noch des XVI. Jahrhunderts dieser Abusus häufig vor. Ausserdem ist nicht anzunehmen , dass Jemand in Westminster die fremden abgekürzten Eigennamen, namentlich den nur einmal vorkommenden, als Anfertiger des ersten päpstlichen Schreibens vom 11. December 1482 , nur L Grifus unterzeichneten in Leonardus Grifus richtig hatte auflösen können. Desgleichen möchte in der Caxton'schen Offizin die richtige Erklärung von Titulaturen der Kurie auch schwierig gewesen sein. Hieraus folgt mit Sicherheit, dass ein Italienischer Gesammtdruck, in welchem sowohl die historische Einleitung, der Text der Briefe als auch das Verzeichniss der Abbreviaturen enthalten waren, vorhanden war, und dass Caxton denselben entweder unmittelbar oder mittelbar abgedruckt hat. Ob die 2 Distichen auch in dem Italienischen Originale gestanden haben, ist nicht erweislich. Es sind in ihnen keine Wortabbreviaturen, und ist es nicht unmöglich , dass vielleicht der in der Subscriptio als ,,diligens emendator" genannte Petrus Carmelitanus, poeta laureatus der Verfasser derselben ist. Wer dieser letztere selbst ist , durch welche Leistungen er sich auf dem Gebiete der Poesie so hervorgethan hat, dass er den Dichterlorbeer erhielt, und sich poeta laureatus nennen durfte , ist dem Verfasser nicht möglich gewesen zu ermitteln. Als einzige sichere Leistung auf litterarischem Felde muss vorerst die diligens emendatio unseres Caxtonischen Druckes gelten . Es fragt sich, was wir darunter zu verstehen haben. Beschränkte sich diese Emendatio nur auf das Corrigiren der Druckbogen oder auf eine Emendatio des Stiles ; die letztere Thätigkeit würde allerdings für einen Poeta laureatus in der Zeit des Humanismus passender sein , als das einfache Corrigiren der Druckbogen. Beschränkt sich die Emendatio des Petrus Carmelitanus nur 14 Ein unbekannter Druck von William Caxton a. d. J. 1483. auf das letztere, dann kann man dieselbe keinesfalls eine diligens nennen ; denn es sind doch noch eine Menge Druckfehler und Inkorrektheiten im Satze stehen geblieben. Um festzustellen, ob Petrus Carmelitanus etwa sich mit der Emendatio des Textes abgegeben und etwa durch leichte Veränderungen hin und wieder nach seiner Meinung Eleganzen des Stiles angebracht hat, müsste man das Original haben, von welchem nachweislich der Caxton'sche Abdruck gemacht ist. Somit wären wir denn zum Ende unserer bibliographischen Beschreibung und Untersuchung gekommen. Die Aufmerksamkeit des Lesers ist für einen wenige Bogen starken undatirten Druck des 15. Jahrhunderts ziemlich lange in Anspruch genommen. Aber dieser Druck verdient es, denn das Wiederauffinden dieses bis jetzt unbekannten, nur in diesem Exemplare erhaltenen Druckes der Caxtonischen Offizin ist für England immerhin ein bibliographisches Ereigniss. Die Reihe der Caxtonischen Drucke ist um ein vollständiges Werk bereichert. In unserem Drucke haben wir das erste Produkt Englischer Publicistik, d. h. eine Mittheilung gleichzeitiger historischer Ereignisse durch die Presse an das grössere Publikum. Marburg, im Februar 1874. Dr. G. Könnecke. Dresden, Druck von Joh. Pässler. Finiunt sex Helegantiffime epistole / quarum tris a fummo Pontifice Sivo Quarto et Sacro Cardinalium Collegio að Illuftriffimum Venetiarum duam Joannem Moanigum wotidemąż ab ipfo Duæad tundemPontifiam et Cardina e les/ob Ferrariense bellum ſuſœptum/cons ſcript ſunt/Impreſſe per WillelmumCays fon /et dikgenter emendat per Petzum Camelianu poetaz Lauwatum/ in Wests monafterio Vu Petrholdt'sAnz. 4.Bibliogr etc. Ru f. Aug. u. Sept. 1874. Photolithographic von L.Bickell, Marburg


[4] LEE versus GIBBINGS Kind regard.

The correspondence that follows recently appeared in the columns of the "Athenæum." The extract from " The Times " report (p. 5 ) and the postscript (p. 23) are added in order to remove any possible ambiguity. A 2

LEE v. GIBBINGS. Extract from "The Times " Report of August 5, 1892. This case raised a somewhat important question to authors -namely, whether, where an author has sold his copyright in a work, the work can be published in a condensed or popular form without stating that it is in fact condensed from the original work. The question arose upon the recent publication ofa condensed edition of Mr. Sidney Lee's " Autobiography of Edward, Lord Herbert of Cherbury." The facts of the case were shortly these. In 1886 the plaintiff, Mr. Sidney Lee, prepared, at the request of Mr. J. C. Nimmo, the publisher, and at an agreed price, a library edition, published at one guinea, of the Autobiography of Edward, Lord Herbert of Cherbury." Mr. Lee's work contained a preface, a table of contents, an introduction, a bibliographical notice of the circumstances under which the text was originally printed, explanatory notes, a continuation of Lord Herbert's life from the point at which his autobiography terminated until his death, also an appendix and an index. A certain number of copies were issued, but the work did not command any great sale. In May last the defendant, Mr. William Walter Gibbings, publisher, of Bury Street, Bloomsbury, announced the publication, at the price of 5s. , of a smaller edition of the work, to form the third volume of a series called "The Memoir Library," but omitting the preface, introduction, table of contents, bibliographical notice, and index of the original. On the title-page of this smaller edition Mr. Lee was stated to be the author, and the date of publication as " 1892." It appeared that the defendant had purchased from Mr. Nimmo the remaining unpublished sheets of the original work, cut them down in size, omitted the parts already mentioned, and then 6 published the smaller and cheaper form of the work, but without any intimation that it was taken from the original work of Mr. Lee. The plaintiff complained that the omissions from a work of a serious and scholarly character were so important as to be injurious to his reputation as an author and scholar ' ; and accordingly he issued the writ in this action, and now moved for an interim injunction to restrain the defendant from publishing or selling any copies of the " Autobiography of Edward, Lord Herbert of Cherbury," edited by the plaintiff and published by Nimmo in 1886, with any material alteration or omission, and containing any representation to the effect that such copies had been prepared for publication by the plaintiff. " Paragraph 13 of the plaintiff's affidavit, the facts in which were not questioned by the defendant, was as follows :— "On several pages ofthe reissue notes by me appear in which I explicitly direct the reader to refer to absent portions of the work for material information. These misleading references are calculated to expose me as editor to a charge of gross carelessness, and to cause the reader an irritation and annoyance which are likely to seriously damage my reputation as a man of letters. Thus on page 36 of the reissue a note by me directs the reader to ' see the introduction for a discussion of Lord Herbert's philosophical system. ' No such discussion, although it appeared in Mr. Nimmo's original publication, is printed in the defendant's reissue. On page 60 of the reissue a note by me directs the reader to see introduction ' with reference to Lord Herbert's religious views, but no remarks by me on that subject are supplied by the defendant. On page 80 a note ofmine directs the reader to see the account given in the introduction ' of a certain book which I attribute to Lord Herbert, but no such account appears in the reissue. On page 251 I state in reference to my continuation of Lord Herbert's Life, ' I give here a detailed statement of the facts of Herbert's later life. More general comment is made in the introduction.' But the defendant, by the total omission of the introduction, has rendered my remark meaningless. " 7 I. Mr. Sidney Lee's First Letter. From the "Athenæum " of August 12. 108 LEXHAM GARDENS, W., Aug. 10, 1892. I forward a verbatim report of Mr. Justice Kekewich's judgment upon a motion for an injunction in the action Lee v. Gibbings, which came before the Court on the 3rd inst. Your readers will remember that I, the plaintiff in this case, sought to restrain Mr. Gibbings from publishing as a new and complete work of mine, with 1892 on the title- page, mutilated copies of "The Life of Lord Herbert of Cherbury," prepared by me for Mr. John C. Nimmo in 1886, and issued by him in that year. The Court decided that it could not interfere at this stage, and that in effect iny only remedy was for a libel against Mr. Gibbings. My object in taking legal proceedings was to publicly show that I had no responsibility in the issue of the mutilated volume. The notices of the case in the press have adequately relieved me of any suspicion that may have arisen on that score. But the judgment in the case secured for me, and I hope for other authors similarly placed, something more. Mr. Justice Kekewich held, despite the contentions to the contrary of Mr. Gibbings, his witnesses, and his counsel, that my work had been seriously mutilated. " The omission of the introduction to such a work as this," he said, " was very nearly leaving outthe principal part of the work ; this does seem to me, ” he continued, "to be a very cogent instance of mutilation . " The alteration of the original date to 1892 was, in the judge's opinion, calculated " to give the impression that it is a new work. " The Court further laid it down that the right of a publisher who purchases the copyright of a work from the author to make changes in it is subject to the limitation that he must give the author " no cause to complain." Although the judge refrained from making " such remarks as occurred to him onthe moral side " of the case, it is apparent, 8. both from the terms of his judgment and from observations made by him during the trial, that the proceedings of the defendant did not commend themselves to him. Some friends have urged me, in the interests of myself and my fellow authors, to carry the case to a final hearing. But I have already involved myself in much expense, and I am unwilling to incur more. I could not expect to recover very substantial damages, and I should be certain to suffer anxieties that must interfere with my usual avocations. I have done a little toward asserting the legal right of an author to some humane consideration at the hands of a publisher to whom he has parted with his copyright. I am content to leave the matter where it stands, and have instructed my solicitors to discontinue the action. My course is also guided by another consideration. It would be necessary that I should make Mr. Gibbings the defendant throughout the litigation. Mr. Gibbings owes no duty to me. It is Mr. Nimmo, and not Mr. Gibbings, who is primarily responsible for the acts of which I complain. I wrote my book for Mr. Nimmo, and Mr. Nimmo, according to Mr. Gibbings's affidavit, expressly sanctioned the mutilation of it. Mr. Nimmo's conduct exposes him to some unfavourable criticism. When I prepared the book for him, I took it for granted that I was dealing with a publisher who conducted his business in the manner that I and other authors are in the habit of regarding as fair and just. Mr. Nimmo's treatment of my work is, in my opinion, undeserving of either epithet. I produced in court the evidence of three publishers-Mr. John Murra, Mr. Frederick Macmillan, and Mr. George Smith ( Smith, Elder & Co. )-whose recognized position in their calling fits them to speak with incontestable authority as to what is fair or unfair treatment of an author in my position. " It is distinctly unfair, in my opinion, to the plaintiff," Mr. John Murray stated upon oath, " and is calculated to damage his reputation as a literary man, and therefore to injure him pecuniarily, that a book originally edited by him in 1886 should be republished in 1892 in a mutilated form and as though it were a new piece of editorial work, while, as a matter of fact, no opportunity was given to the 9 plaintiff to introduce matters having reference to the life of Lord Herbert of Cherbury which may have come to his knowledge within the last five years, that is, since the appearance of his first edition. " Mr. Frederick Macmillan expressed himself in similar terms. Mr. George Smith deposed : " It is unusual to publish as a new book a mutilated edition of an old book printed many years previously, and in my opinion it is an injustice to an author to print a new title page to such a mutilated work with a later date on it than that which appeared on the original edition." " Thus the procedure sanctioned by Mr. Nimmo is stigmatized without qualification as " distinctly unfair " and " an injustice by those whose judgment on questions affecting the recognized customs of their calling is plainly indisputable. Mr. Nimmo's relations with the book-buying public do not perhaps, concern me otherwise than indirectly, but the following circumstance may be worth noting. He prefixed to the original edition of mywork this " publisher's note " : " Six hundred copies ofthis book printed for England and four hundred for America. No more will be printed." But in Mr. Nimmo's affidavit, produced on behalf of the defendant in the recent proceedings, he swore that, after selling 395 copies, he sold " the remaining 605 copies to the defendant as a remainder." Now, according to his " publisher's note," he only printed 600 for England. Consequently, after having sold 395 to the public, he sold as a remainder to Mr. Gibbings, of Bury Street, Bloomsbury, five more than the total number to which he expressly undertook to limit the copies printed for sale in this country-to say nothing of those which were, to my knowledge, somewhat liberally sent out for review, those claimed for the public libraries, and those presented to me. It is, indeed, impossible to reconcile his figures with the " publisher's note " inserted in the volume. The object of inserting such a note is sufficiently obvious. The effect of limiting the number of copies of the edition, and undertaking not to print any more, is to enhance the value of each copy sold, in the probable expectation that the book will become scarce, and therefore command a high price. Every A 3 ΙΟ purchaser was entitled to expect that Mr. Nimmo would faithfully observe what was at least an honourable understanding. SIDNEY LEE. The following is Mr. Justice Kekewich's Judgment. There are two aspects of this case, one of which had better be left alone ; but the other must to some extent be regarded. The one which I think had better be left alone is what I may fairly call the moral side. The defendant's evidence is directed almost entirely to that. Instead of giving me facts-and the disputed facts are extremely few—I have a considerable amount of evidence, which, of course, has occupied a long time in reading, respecting what is called the custom, or more strictly the habit, of the publishing trade, and there is more than something about common sense. Those affidavits, like many other affidavits, might, with great advantage, have been omitted altogether. Certainly they might have been cut down within the narrowest possible limits . No doubt the same observation is to some extent applicable to the affidavits on behalf of the plaintiff, but not to the same extent. Whether a jury would take into consideration the moral side of the case or not it is not for me to prophesy. I certainly cannot. I can only regard it from the legal point of view, and I refrain from making such remarks as occur to me on the moral side. The legal side of the case is one of considerable interest, and not at all free from difficulty. I regard the defendant for this purpose as the owner of the copyright of this work. He is not, I am aware, the owner of the copyright, but he has purchased the unpublished sheets of the plaintiff's work, and as regards those unpublished sheets he stands in Mr. Nimmo's place, and is the owner of the copyright. He has Mr. Nimmo's assent to their publication. He has even Mr. Nimmo's assent to the publication in the present form, and he, therefore, though having no right to multiply copies in the sense of printing further copies and publishing anything else but these sheets, can deal with these sheets as he pleases, provided he gives the plaintiff no cause to complain. II He thinks fit-that is to say, he finds it convenient to his trade to publish the plaintiff's work in a mutilated form. The word " mutilated " may or may not imply something in derogation of the work or of the defendant's manipulation of it, but, strictly speaking, the form is mutilated. The index is left out. I do not myself attribute very great importance to that in such a work as this, but I only speak for myself in saying that . There are other parts left out, including the introduction, and I should certainly say that the omission of the introduction to such a work as this was very nearly leaving out the principal part of the work. Then the date is altered so as to give the impression that it is a new work. I am told that is not so ; that nobody would suppose it was a work published in 1892 because the figures " 1892 " are on the title- page. I suppose that there are some people who would regard 1892 as meaning nothing. I confess to be amongst those who would have regarded it as meaning that the work was published in 1892, and not in 1886 ; but that is a question of injury to the plaintiff, to which I will come presently, and not otherwise a mutilation of the plaintiff's work. The omission of the introduction does seem to me to be a very cogent instance of mutilation . Is the defendant entitled to do that ? There is no law compelling a man to publish the whole of the work because he has the copyright in the whole. Nor can he be prevented from publishing extracts from the work. Whether it is right for him to publish extracts without saying they are extracts, or whether he can publish a work in a mutilated form without indicating in the least that there has been that mutilation, is a question, to my mind, of some difficulty. The question resolves itself into this does he thereby injure the author's reputation ? For that, what is the author's remedy in law? His remedy in law is, I think, undoubtedly libel or nothing. Injury to reputation is the foundation of the remedy in an action of libel. It is what you have to prove in order to get your damages, and if one endeavoured, which I am not intending to do, to frame the innuendo in an action of libel by the plaintiff against the defendant, it would necessarily point to the injury of the reputation of the author here by informing 12 the public that this mutilated work was really the work of the plaintiff, whereas, in fact, his work was something far superior, and that this would be discreditable to him. That would be necessarily the general line of complaint. It comes, therefore, to a question on this part of the case whether I ought to grant an injunction now to restrain a libel before that question has been before a jury , which is the avowedly proper tribunal for the purpose of determining whether a libel exists or not. The jurisdiction of the Court to restrain a libel is undoubted. It has been affirmed over and over again, even in those cases in which the Court has refused to grant an injunction, in particular the last case of Bonnard v. Perryman. Of late years there has been no such thing as an injunction to restrain a libel except in the recent case where Mr. Justice Chitty distinguished trade libels from other libels and granted an injunction a decision with which, within the last week or two, I have had occasion to express my entire concurrence. But with that exception, as far as I know, the Court has not of late granted an injunction to restrain a libel before the point has been submitted to a jury--in other words, on interlocutory application. Now ought this to be an exceptional case ? I see no reason for making an exception in favour of a case such as this. The balance of convenience does not seem to me to point in favour of granting an injunction, because though the sale of the work will no doubt go on, and though if it goes on it is injurious to the plaintiff's reputation-the injury will be continuedyet the injury must to a great extent be done by the mere publication, and after all success in the ultimate result would be quite satisfactory to the plaintiff. I mean, if it were eventually determined that the plantiff was right and could sustain an action of libel against the defendant by reason of this publication, then, not by the damages awarded, but by the mere verdict of the jury, he would have, I will not say rehabilitated, but maintained his reputation at the level at which it before existed . It cannot be suggested that the mere sale of a few copies more or less would place him in any worse position if eventually he succeeded, and, of course, if he did not, then he has no reason to complain. 13 Now, on the balance of convenience, I think I ought not to grant an injunction, especially it being of course understood that I express no opinion whether it is a libel or not. That is really the reason why the Court in these cases does not grant an injunction, because if it granted an injunction , or even if it refused it on the other ground than the one I have mentioned, the Court would be obliged to express an opinion, and the Court ought not to express an opinion on a matter that is to be left to a jury. But the plaintiff's case has been put by Mr. Renshaw on another ground which strikes me as extremely deserving of attention, though I do not think I ought to grant an injunction on that ground at the present moment. He says this is like the case of Clarke v. Freeman, and Clarke v. Freeman may be considered for this purpose as decided quite differently from the way in which it was decided . In that I follow him. I do not think that after the observations of Vice-Chancellor Malins, Lord Cairns, and Lord Selborne on that case, I ought to hesitate to regard it as really erroneously decided, and I do not think that, having regard to Lord Cairns's observations on p. 310 of the second Chancery Appeals in the case of Maxwell v. Hogg, I ought to doubt what the proper decision should have been in Clarke v. Freeman, or on what ground that proper decision would have been rested, because he says -distinctly speaking, be it remembered, in the Court of Appeal-" It always appeared to me that Clarke v. Freeman might have been decided in favour of the plaintiff on the ground that he had a property in his own name." The question of whether a libel was a fit subject for an injunction either on motion or at the trial was not discussed in Clarke v. Freeman. It is not discussed by Lord Cairns, it is not discussed by Lord Selborne, and it is not discussed by Vice- Chancellor Malins, but they disapprove of the decision , and Lord Cairns says, because the plaintiff had a property in his own name, the name was invaded by the action of the defendant, and the plaintiff could therefore restrain the defendant from doing what he did on that ground. That is entirely independent of libel. Now, can I decide this case on that ground in favour of the plaintiff? I think not, and I think not because when you 14 come to test that argument, according to my present opinion, you really come back again to the question of libel in this case, though you would not have done so in Clarke v. Freeman. The plaintiff's case on this part of it is, " The defendant is publishing as my own what is not my own ; that is to say, I am the author of an entire book, the defendant is publishing only part of it, and such part that really he is not publishing my work at all ; he is bringing out what I never sanctioned as my work, and which cannot be fairly represented as my work, and therefore I complain of him using my name in connexion with a book that is not mine." It comes back to this : Is the book the plaintiff's or not ? It is avowedly only part of it ; but is it such a substantial part of it that it may be fairly called the plaintiff's ? It is so unless the mutilations are such as to give the plaintiff a right of action for libel. So that, try it as you will, it comes back to the same point, and I think, therefore, I should be doing wrong in seizing hold of the doctrine, not of Clarke v. Freeman, but which ought to have been supported in Clarke v. Freeman, to give the plaintiff relief, which ought, on the other hand, to be denied him because he is really bringing an action of libel. I therefore on those grounds must refuse the motion, without expressing any opinion whether what has been done is injurious to the plaintiff's reputation or not. This is really the whole question in the case. If the case is tried out there is nothing else to be tried, and therefore the proper way to deal with the costs is to make the costs of both parties costs in the action. 15 II. Mr. Nimmo's First Reply. From the "Athenæum " of August 20. BEN VIER HOUSE, BALLACHULISH, ARGYLLSHIRE, Aug. 16, 1892. In the last issue of the Athenæum (August 13th) , and under the above heading [ Lee v. Gibbings ], is a statement, of some two columns in length, signed by Sidney Lee, present editor of the " Dictionary of National Biography. " My name appears no less than ten times in this effusion, and I may say most unwarrantably. Mr. Lee appears to have been the plaintiff in a recent action for an injunction, which he says he lost. In this case I take, or have taken, no interest whatever beyond signing an affidavit as to facts for the defendant, to the effect that he had purchased from me 605 copies of a book, " Life of Lord Herbert of Cherbury," edited for me some six years ago by Mr. Sidney Lee, such copies being the remaining unsold copies of 1,000 printed. I also stated that the purchaser was at liberty to put his own imprint on such copies if he chose, such being a common custom of the trade. No statement was made in this affidavit, or at any other time, that the purchaser had my sanction to issue these books in any but a complete and unmutilated form, beyond the mere alteration of imprint as already mentioned. The copyright of the work still remains my property, in its unmutilated form. Mr. Lee in this article distinctly attempts to make your readers believe that Mr. John Murray, Mr. Frederick Macmillan, and Mr. George Smith (of Messrs. Smith, Elder & Co.) gave testimony at the trial of his action, to the effect that they stigmatized without qualification the procedure sanctioned by Mr. Nimmo as distinctly unfair and an injustice. Mr. Lee knows well that those three gentlemen never said or meant anything of the kind in reference to my having sold as a remainder the unsold copies of this book. The evidence of these gentlemen was in reference to the action of the defendant in having mutilated Mr. Lee's editorial portion of the work, and not to the action of my having sold as a remainder the unsold 16 copies of the work, an occurrence which is not at all unusual under similar circumstances ( ie. the non- success of an author's book) with the firms of which these three gentlemen are at the head. Mr. Lee continues with still more serious, rash, and reckless insinuations, which he knows, or ought to know, me incapable of. I will refer to one only-his insinuation that I published a fictitious note on the fly- leaf as to the number printed of this work, so as to deceive the book- buying public. I may help Mr. Lee in his difficulty in reconciling the apparent discrepancy in the number of copies printed and the number sold off as a remainder. Mr. Lee knows well that 1,000 copies of the book were printed, viz. 400 for Messrs. Scribner & Welford, publishers, of New York, and 600 for England ; of the former number, however, only 250 copies were taken by Messrs. Scribner. The English public, apparently not appreciating the merits of Mr. Lee's editing of this well-known historical work, bought only some 170 copies. The American public were apparently equally slow in appreciating the merits of the editing of this famous and interesting old book, for I, in order that Messrs. Scribner should not make too heavy a loss by its failure in that country, allowed them to return me over 70 copies on June 24th, 1890. Mr. Lee may now see how it was there were 605 copies sold as a remainder :- 178 copies for America ( ¿.e. , 250, less 72 returned). 45 copies for Press, Public Libraries, and gratis copies for Mr. Lee. 172 copies bought by the English public. 605 copies, balance of the 1,000 copies, sold as a remainder. 1,000 copies. An unpleasant result, which I trust Mr. Lee may not have to face again when he edits his next book. I shall not trouble your readers with more now on this subject, but allow Mr. Lee an opportunity of correcting himself and withdrawing in the most unqualified manner his baseless insinuations against my honour and integrity as a man of business. JOHN C. NIMMO. 17 III. Mr. Gibbings's Reply. 66 From the Athenæun of August 20. 18 BURY STREET, W.C. , Aug. 15, 1892. Really Lord Herbert of Cherbury must chuckle in the shades at the recent course of events and smile approval on his editor. He was himself a sufficiently religious person, but I doubt if he would applaud Mr. Lee's conduct of his quarrel with myself, which has been as follows : A peevish letter of complaint to the Athenæum, written before he knew his book. had been tampered with ; then a lawyer's letter of four quarto pages, ending with a cool demand for payment of his legal expenses ; next an invitation to soar with him to the High Court of Justice, where having failed, he returns to mother earth, and, after a Parthian shot at myself, turns against a third party. I have hopes of Mr. Lee, however, as he is learning, and has since he rashly commenced his action found out several things, and he may yet learn that he is more likely to receive consideration for a sentimental grievance from a personal interview, or from an ordinary letter, than by demands with threats through his solicitor. It is quite true, however, that if there is an implied contract on the part of a publisher to sustain his author's reputation, I was no party to such contract with Mr. Lee, and that, therefore, I can claim that not only have I performed no illegal action, but that, morally, I am free from blame. As I am not troubled with so expensive a luxury as a reputation, and believe Mr. Nimmo quite capable of defending himself, I leave personalities, and come to the more general consideration of the case, which does raise several very curious questions as to the rights of copyright- holders. I may say that I understand Mr. Lee's feelings, and sympathise with them so far as he is grieved that an important part of his work relating to Lord Herbert, and with which he doubtless took great pains, has been cut away. I believe such 18 excision to be within the rights of a copyright- holder, and, in fact, that such holder (who is not necessarily a publisher, be it remembered) can " mutilate " an author's work, which, as the judge held, " may or may not imply something in derogation of the work or its manipulation. " After all, the important part of the present work is Lord Herbert's, and not Mr. Lee's additions, and it is quite competent for Mr. Nimmo, or any future holder of the copyright, to issue Lord Herbert's autobiography " with notes by Sidney Lee," omitting not only the parts omitted by me, but also the continuation of the life and the appendices. Nor could the editor or his reputation be injured thereby. Nor do I believe that any one thinks that Mr. Lee's reputation will be one whit lower at the end of 1892 than it was at the beginning as a result of any such publication as that in the " Memoir Library." I am inclined to think that no author will in the future arise to bless Mr. Lee for his action in this matter, as it seems to me that the position of the author who has parted with his copyright has not been improved by the result, but rather worsened ; and I do not think that he himself is any better off than he would have been had he simply written a disclaimer of responsibility for the present issue. (This was pointed out, in one of the affidavits produced for me, to be all the remedy Mr. Lee needed. ) Then as to the relation of the date on the publisher's imprint to the author or editor. I claim that the date means what it professes to mean-that such book was issued at the address and time by the publisher named, and has no relation to the time of writing or editing whatever, and this I hold to be common sense, in spite of Mr. Justice Kekewich's objection to the phrase. I think that the moral of the whole to an author should be-date your preface. You need not, any more than a publisher need date his imprint ; but if you do not, your chance has gone of fixing the time of authorship as apart from publication. WM. W. GIBBINGS. 19 IV. Mr. Sidney Lee's Second Letter. From the "Athenæum " of August 27. 108 LEXHAM GARDENS, Aug. 22, 1892. In the letter from Mr. Nimmo, which you printed last week, he wrote :- "" ' No statement was made in this [i.e. his own] affidavit, or at any other time, that the purchaser [ i.e. Mr. Gibbings] had my sanction to issue these books in any but a complete and unmutilated form, beyond the mere alteration of imprint as already mentioned. " But a letter addressed by Mr. Gibbings to my solicitors on the 17th of June last contained these words :-- " "I beg to state that the changes made in the copies of ' Lord Herbert ' were made with the express sanction of the owner of the copyright [ ie. Mr. Nimmo] in the introduction, notes, continuation of the life, and index." Mr. Gibbings also swore in his affidavit, produced at the trial, that one of the copies in question was delivered to him as a sample ; and he continued :- " I had it cut down to the size of the other books in the Memoir Library.' I made certain alterations in the book, by marking and altering it with a pencil, to the form in which I have published it, and then, by previous arrangement with Mr. Nimmo, submitted it to him, and he informed me that he saw no objection to my publishing it in that form, and gave me his consent to my doing so." Mr. Nimmo and Mr. Gibbings are, I believe, respectable men, and it is, therefore, with regret that I am obliged to point out that Mr. Nimmo's statement, and that made by Mr. Gibbings in his letter to my solicitors and repeated by him more elaborately under oath, cannot both be true. Mr. Justice Kekewich clearly believed Mr. Gibbings, for he said, in his judgment, that the defendant had Mr. Nimmo's assent to the publication of the book in the mutilated form. My complaint against Mr. Nimmo is that he sanctioned the 20 mutilation of my book. If he gave no such sanction, the ground of my complaint is removed. Consequently, if Mr. Nimmo can substantiate his assertion, or, in other words, if he can show that Mr. Gibbings has been guilty of perjury, I shall gladly make all possible reparation to Mr. Nimmo for any injustice that I may have done him, and I shall know how to deal with Mr. Gibbings. But until Mr. Nimmo has substantiated his assertion, I am, I think, bound to credit evidence given on oath as against an unsworn statement, however clearly and deliberately it has been made. With regard to the " publisher's note," which, as I have said, concerns me only indirectly, Mr. Nimmo there stated that he printed 600 copies for England and 400 for America, and that no more copies would be printed. He now admits that he sold 178 copies in America, and disposed of 822 in this country. I am, therefore, forced to repeat that his note was calculated to mislead. As you have already printed a verbatim report of the judg ment ofthe Court, Mr. Gibbings's letter of the 15th inst. calls for very little comment. He quaintly remarks that " the moral of the whole to an author should be-date your preface" (the italics are Mr. Gibbings's). But the preface was one of the portions of my work that he excised. How, then, would the misconception, due to the misleading date ( 1892) on the titlepage of his reissue, have been removed by my dating a preface which was not inserted in the book ? SIDNEY LEE. 21 V. Mr. Nimmo's Second Reply. From the " Athenæum " of September 10. 14 KING WILLIAM STREET, STRAND, Sept. 7, 1892. Referring to the correspondence relating to the above action contained in Nos. 3381 , 3382, and 3383, I would remark as follows. Mr. Lee's original complaint to you appeared in the number of the 28th of May, to which it is important the reader should refer. After I had sold to Mr. Gibbings the " remainder copies " referred to by Mr. Lee, the latter gentleman called on me on the subject of the work appearing in Mr. Gibbings's "Memoir Library " ; and since he appeared to think he might have some cause of complaint against Mr. Gibbings as the publisher of that library for the use he was making ofthe work, I told Mr. Lee that in my ownjudgment and experience he could have none, and I thought he then saw that such must be the case. Afterwards, however, he brought his action against Mr. Gibbings, and applied for an injunction to restrain the sale of the work, with the result that he lost his case. He had no pecuniary interest in the matter, the copyright was mine, and the loss on the publication was mine ; and when I sought to reduce that loss, in the ordinary way of the trade, by selling off my remaining stock of the book, I, of course, knew right well that the purchaser in his own interest would not be likely to do anything calculated to injure either the reputation or the sale of the work. As to the 1,000 copies, I have shown how they were disposed of in my letter to you of August 20, and it is absurd to suggest that none of the copies intended for America could be sold in England. Mr. Lee suggests that he should have had the opportunity of revising the book. This might have been so if the question of a reprint or new edition had arisen, but, unfortunately for 22 myself, it was only the unsold remainder of the edition of 1,000 printed which Mr. Gibbings purchased and included in his "Memoir Library." JOHN C. NIMMO. Note appended by the Editor of the "Athenæum."

    • We have inserted the above letter of personal explanation, but do not desire to entertain any further discussion on the

subject. 23 POSTSCRIPT. The letter of mine printed in the Athenæum of the 28th of May, to which Mr. Nimmo refers, was written by me on learning from an advertisement that Mr. Gibbings was about to issue my old edition of " Lord Herbert's Life," as a new book by me. At the time I had no suspicion that my work was to be mutilated. It was only after I purchased a copy of Mr. Gibbings's reissue on June 10th, the day following its publication, that I discovered that the book had undergone mutilation, and it was not until I made that discovery that I contemplated taking legal proceedings. My letter of the 28th of May was as follows : — "A COMPLAINT. " 108 LEXHAM GARDENS , W. "A publisher, whose name is not familiar to me, advertises in a literary journal of this month's date his intention to issue a series of memoirs ' under the title of ' The Memoir Library.' A friend tells me that a well-known west- country bookseller has distributed a like advertisement among his customers. Descriptions of the first three volumes of this new series are supplied in these announcements, and I thence learn with surprise that the third volume of ' The Memoir Library ' is to be an edition of Lord Herbert of Cherbury's autobiography, ' with notes and a continuation of the life ' by myself. " More than six years ago I edited somewhat elaborately Lord Herbert's life for Mr. Nimmo. I understand that the publisher of ' The Memoir Library ' has purchased a small number of remainder copies, with the intention of bestowing on them a new binding and a new title- page bearing his own imprint and this year's date. I have no pecuniary interest in the work, and cannot reasonably object to any method of disposing ofthe unsold copies, provided only that when they are offered for sale to the public they are accurately described as what they are. I believe myself justified in protesting against an 24 endeavour to represent a work of mine that is six years old as a new publication. I am told that the number of copies involved in the transaction is small, but I decline to regard that circumstance as a sufficient justification of the procedure. " Had I any desire to invite the attention of the public anew to my edition of Lord Herbert's life, I should deem it essential to introduce a few changes and corrections--the results of my recent researches. But I have other personal grounds of objection to the course pursued by the publisher of ' The Memoir Library.' It is disagreeable to be summarily deprived of a privilege, which men of letters commonly exercise, of selecting for themselves the publisher with whom to associate their name. Nor can I view with equanimity my connexion with a ' series ' of whose character I know nothing, and whose publisher has not deemed it desirable to acquaint me with his intention of pressing me into his service as one of his contributors. " SIDNEY LEE." With regard to this letter Mr. Gibbings swore in his affidavit, produced at the trial : " I observed the letter from the plaintiff headed ' A Complaint, ' published in the Athenæum of May 28, and I intended to reply to it through the same medium ; I had drafted a reply, which I submitted to Mr. Nimmo, but he advised me that it was not necessary to take any notice of Mr. Lee's complaint, and I accordingly did not do so. " The causes that have led Mr. Nimmo, after an interval of fourteen weeks, to change the attitude that he originally assumed, and that he induced Mr. Gibbings to assume towards my letter of May 28, will be apparent to all readers of the preceding correspondence. It will be noticed that Mr. Nimmo in his second reply has not a word to say respecting my explicit challenge of his deliberate statement in his first letter that he did not sanction the mutilation of my book. The inference is unmistakable. SIDNEY LEE. September 20, 1892. Spottiswoode & Co. , Printers, New-street Square London. Reep cover May, 1877.] 6d. ALL RIGHTS 51 RESERVED. TAMIE Bookseller, COLNS INN GATE, reyStreetLONDON THE POPULAR Monthly Law Tracts, EDITED BY JAMES BALL, AUTHOR OF "THE POPULAR CONVEYANCER," &c. No. 1. COPYRIGHT. BY THE EDITOR. LONDON: PRINTED AND PUBLISHED BY C. JAQUES, 30, KENTON STREET, BRUNSWICK SQUARE, W.C. SOLD BY BUTTERWORTHS, Her Majesty's Law Publishers, 7, FLEET STREET, AND BY ALL BOOKSELLERS. All Communications for the Editor to be addressed to him, at the Publishing Office, 30, Kenton Street, Brunswick Square, W.C. ADVERTISEMENTS. THE POPULAR MONTHLY LAW TRACTS. UPON issuing these Tracts a word is due from the Editor as to their scope and object. It is intended that they shall embrace a class of subjects, not always the best known to practitioners, by reason of their infrequent occurrence in practice, such as Copyright, Libel, Light and Air, Partnerships, Rights of Way, and others of a similar character. The object of publishing Tracts upon such subjects is to supply a sufficient amount of information respecting the Law concerning them, and the principles upon which cases included in them are decided, as will serve for all ordinary purposes. It is presumed, therefore, that these Tracts will be useful to those who have no text- books upon these uncommon subjects, by putting within their reach such a general knowledge upon them as often is required, at a small cost and that they will also prove useful supplements to the library of those who have text- books not of recent publication. Besides these classes, the Tracts will, it is thought, prove very serviceable to Students and the Public, supplying them with Elementary Legal Reading of an agreeable and instructive nature. With these few words of explanation, and with thanks to those who have already sent in subscriptions, the Editor ushers in his Tracts, and entreats for them the countenance and support ofthe Profession and the Public. May 1st, 1877. THE POPULAR MONTHLY LAW TRACTS. No. I. MAY, 1877. Vol. I. COPYRIGHT. BY THE EDITOR. Of all branches of our law, that relating to copyright is one of the least defined and most indifferently understood. This arises chiefly from the fact that it is difficult to distinguish between the rights of the author of a work, and the rights of the public ; and that, in consequence, much has to be left to the discretion of the judge or jury, as to what is a fair use of a copyright work, and what a piracy of it. The student or practitioner should therefore be more than ordinarily diligent in comparing cases bearing upon this subject ; since there are minute points sometimes distinguished ; or, as a learned judge recently observed, ‘ a thin wedge of distinction ' may appear. Definition. Copyright is that exclusive right given by law to authors and artists, of multiplying, publishing, and selling copies of literary and musical works, pictures, engravings, &c.; of producing or representing dramatic and musical pieces ; of reproducing sculpture ; and of using certain designs, —during certain limited periods prescribed by various statutes. In the classification of property it is an " incorporeal chattel," and by statute it is declared to be, and be governed by the law of, personal property. Books. By the 5th & 6th Vict. c, 45, s. 2, " book"-for copyright purposes-means and includes every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan, separately published. The three 2 Copyright. last-named-maps, charts, and plans-were formerly included in the law relating to engravings and prints, but are now brought within the law of literary copyright, for their greater protection (a) . In all the subjects , comprised within the term " book," a copyright is given to the author, his personal representatives, and assigns, for a period offorty-two years from publication, whether published before or after the death of the author. There is a possible extension of this term ; for the copyright endures during the natural life of the author, and for seven years after his death, even though in the aggregate this should exceed forty- two years. Until publication of a book, there is unlimited copyright, or right of property, in the manuscript of it. Exceptions. No copyright "can be claimed in any production which is immoral, blasphemous, or seditious in its tendency, or which is defamatory of private character, or which (with a view to defraud the public) is published as the work of one who is not, in truth, the author" (b). And, in the words of Blackstone : "There is a kind of prerogative copyright subsisting in certain books, which is held to be vested in the Crown upon different reasons. Thus, (1 ) The King, as the executive magistrate, has the right of promulging to the people all acts of state and government. This gives him the exclusive privilege of printing, at his own press, or that of his grantees, all acts of parliament, proclamations, and orders of council. ( 2) As supreme head of the church, he hath a right to the publication of all liturgies and books of divine service. (3 ) He is also said to have a right, by purchase, to the copies of such law books, grammars, and other compositions, as were compiled or translated at the expense of the Crown. And upon these two last principles combined, the exclusive right of printing the translation ofthe Bible is founded. " Acts of Parliament are, however, frequently printed and published by others than the Crown Printers, especially with legal notes or readings accompanying them : and it is said that Bibles accompanied with bona fide notes or commentaries may be published without the royal license. In order, also, to provide against the suppression of books of importance to the public, it is enacted (5 & 6 Vict. c. 45, sec. 5) that " it shall be lawful for the Judicial a. Stannard v. Lee (L. R. 6 Ch. 346). b. Stephen's Comm. Copyright. 3 Committee of Her Majesty's Privy Council, on complaint made to them that the proprietor of the copyright in any book, after the death of its author, has refused to republish or allow the republication of the same, and that by reason of such refusal such book may be withheld from the public, to grant a license to such complainant to publish such book in such manner and subject to such conditions as they may think fit, and that it shall be lawful for such complainant to publish such book according to such license. " It should be observed that this provision relates only to books which have been published, and that it does not apply until after the death of the author. Authorship. An author is one who " produces" or " leads forth. " If this be borne in mind much misunderstanding will be avoided. An author takes certain ideas, or mental conceptions and perceptions (acquired by reading and practical observation) which have arisen upon any particular subject, and puts them into such form and order as render them intelligible to others : embodying them in his own language, and coloring them with his own sentiment and genius. This being so, an author is entitled to, and in most cases must of necessity, go to another writer or other writers upon his subject, and take part of the information he may find there, and incorporate it in his own work ; either taking verbatim extracts therefrom, or repeating portions in spirit. He may do this only to a reasonable extent, and (as Kindersley V.C. observed) not make " such an extraction as comes up to an extraction of the vital part" of the work so made use of. The general test of authorship is whether there has been mental effort on the part of the alleged author. If another's work be servilely copied, the result will be a piracy of the first authorship, and not a new authorship ; if the work be used merely as material for mental operation, and mental effort be expended upon such material, so that it acquire a more attractive or intelligible, or more convenient form, there will be no piracy, but a new authorship. In the spirit of this rule, a fair and bona fide abridgement of an existing copyright work is held to be an original work, and no infringement of the work abridged. This applies to music as well as books. In Wood v. Boosey (L.R. 3 Q.B. 223) N. had composed an opera, and after his death B. arranged the score for the pianoforte. It was held that the 4 Copyright. arrangement for the pianoforte was an independent musical composition, of which B. was the author ; Bramwell B. observing, "It is quite clear that what the person who arranges for the pianoforte does, is something different from what the original composer has done." Extent. Copyright extends over every part of the British dominions ; but in order to acquire this, the work must be first published within the United Kingdom, and the author must be resident within some part of the British dominions at the time of such first publication . This was decided in Routledge v. Low ( L.R. 3 H.L. 100) . No copyright is acquired in a work until actual publication : even though its title should have been announced by previous advertisement. Title. There is copyright in the title of a book as well as in its contents : therefore the title of a work in which there is a subsisting copyright must not be copied nor colorably imitated. In Mack v. Petter (L.R. 14 Eq. 431 ) the proprietor of "The Birthday Scripture Text Book" obtained an injunction to restrain the publication of "The Children's Birthday Text Book " one of the chief grounds for granting the injunction being the colorable imitation of title. It will be observed from the words italicised in the titles that the defendant made " an extraction of the vital part " ofthe plaintiff's title. Dramatising and Reading Copyright Books. The law as to this was concisely put by Wood V.C. in Tinsley v. Lacy ( 11 W.R.876). He said, "The intention of the Copyright Acts was to secure to authors the full benefit of their labors ; but it had been held that their rights were limited to what was expressly given by statute : and that works might be dramatised, and portions, or even the whole, of the work read out to a meeting, without any infringement of the copyright. But, although the whole work might be read out or dramatised, no one could contend that copies of the work thus read out or dramatised might be distributed and sold to the audience." See also Toole v. Young (L.R. 9 Q.B. 523), as to dramatising. No portion of a book which is capable of being brought within the law of dramatic copyright (þ. 6, post) must be read out to a meeting ; for that would be held to be a representation, and an infringement of the dramatic copyright. • Encyclopedias, Reviews, Magazines, and Periodical Works. In Copyright. 5 cases where a publisher has employed and paid an author for writing articles for these, he " shall enjoy the same rights as if he were the actual author thereof, and shall have the term of copyright therein given to the authors of books" by the Act. But "after the term of 28 years from the first publication thereof respectively, the right of publishing the same in a separate form shall revert to the author for the remainder of the term given by the Act. " The case of Henderson v. Maxwell ( L.R. 4 C.D. 163) recently decided, is instructive as to the registration of periodicals. The first number of a periodical was registered (a), and in a later number a serial story was commenced and continued in the succeeding numbers. Upon proceedings to restrain the infringement, it was objected that the registration of the first number of the periodical was insufficient, and it was urged that the first number of the serial story should have been registered in order to entitle the plaintiff to protection. Jessel M.R., said : " I think there is nothing at all in this objection. Here the proprietor of the copyright of a periodical seeks to restrain a separate publication of an article which is part of that periodical ; but I am told that he cannot maintain that action until he has registered the article, or the first number of the serial, and the date. That is out of the question. A periodical is a book within the meaning of the Act ; but the article or serial would be only part of the book, and it is unnecessary that it should be separately registered " (b). Newspapers. It is not clear whether there is copyright in newspapers or not. In Kelly v. Hutton (L.R. 3 Ch. 703) , it was held " that there is nothing analogous to copyright in the name of a newspaper; but the proprietor has a right to prevent any other person from adopting the same name for any other similar publication, and that this right is a chattel interest capable of assignment. " However, in Cox v. Land and Water Fournal Company (L.R. 9 Eq. 324) , Malins V.C., seemed to think that there is not only copyright in newspaper articles, which have been paid for (so bringing them within the law relating to magazine a. See page 10 as to registration. b. See page 11 , where a note of the result of the rehearing of this action is cited ; but observe that the action was lost upon a point not affecting the decision above cited, 6 Copyright. articles) ; but that there is an especial favor attached to them, so that their piracy may be restrained without previous registration at Stationer's Hall. Lectures. The copyright in lectures formerly rested very much upon Abernethy v. Hutchinson ( 1 Hall & Twells 28), in which Lord Eldon said : “ I have not the slightest [ doubt] in my own mind that a lecturer may say to those who hear him, ' You are entitled to take notes for your own use, and to use them perhaps in every way except for the purpose of printing them for profit. You are not to buy my lectures to sell again ; you come here to hear them for your own use, and for your own use you may take notes.' But this was before 5 & 6 Will. IV. c. 65, which now regulates the copyright in lectures, and gives lecturers " the sole right and liberty of printing and publishing" their lectures. The Act does not protect " any lecture or lectures, or the printing, copying, or publishing any lecture or lectures, or parts thereof, of the delivering of which notice in writing shall not have been given to two justices living within five miles from the place where such lecture or lectures shall be delivered two days at the least before delivering the same. " Letters. Erle C.J. in Oliver v. Oliver ( 11 C.B., N.S. 139) , laid down the law of copyright in letters. He said : " In the case of letters the paper at least becomes the property of the person receiving them. Of course it is necessary to distinguish between the property in the paper and the copyright. The former is in the receiver, the latter is in the writer." The general tenor of all the decisions as to letters is that the copyright is in the writer : and that the writer is entitled to an injunction restraining the receiver from publishing them ; unless their publication should be rendered necessary for the purpose of evidence, or unless they are of a nature calculated to damage the reputation of any individual mentioned in them. The Court will not however interfere in trivial cases, where the publication of a letter has taken place without the sender's consent, but without any detriment to the sender. Dramatic Pieces and Musical Compositions. These are governed by 3 and 4 Will. IV. c. 15, and 5 & 6 Vict. c. 45, and include every tragedy, comedy, play, opera, farce, or other scenic, musical, or dramatic entertainment. Section 20 of 5 & 6 Vict. c. 45, enacts, Copyright. 7 " That the sole liberty of representing or performing, or causing or permitting to be represented or performed, any dramatic piece or musical composition, shall endure and be the property of the author thereof, and his assigns, for the term in this Act provided for the duration of copyright in books" (a) : the first public representation or performance of any dramatic piece or musical composition being equivalent to the first publication of any book. There is a two-fold right in dramatic pieces and musical compositions, namely, the literary right or right of printing and publishing the words or notes, and the right of representing, performing and singing the play or music. These may conveniently be termed the copyright and the right of representation. One ofthese rights may be vested in one person, and the other in another. It is enacted ( 5 & 6 Vict. c. 45, sec. 22) , “ that no assignment ofthe copyright of any book consisting of or containing a dramatic piece or musical composition shall be holden to convey to the assignee the right of representing or performing such dramatic piece or musical composition, unless an entry in the registry book [ at Stationer's Hall] shall be made of such assignment, wherein shall be expressed the intention of the parties that such right should pass by such assignment. " In Chatterton v. Cave (L.R. 10 C.P. 572), it was held that in order to constitute an infringement of dramatic copyright under the Act of Will. IV. , "a material and substantial part of the work in question must have been pirated. " But the words of 5 & 6 Vict. c. 45, s. 20, do not limit the original words of 3 & 4 Will. IV. , c. 15 : and those are very wide, protecting the author from the infringement of his work or any part thereof. " This decision was, however, confirmed on appeal (L.R. 2 C.P.D. 42) , when Cockburn C.J., said : " The facts are these. It is found that the defendant has taken certain scenes and points from the plaintiff's play, and what I should have had more doubt about, that he has not taken them from the common source. Then we must take it to be found as a fact that the ' incidents of the scenes so taken were not of substantial value. We are, I think, bound by that finding, and the question is whether the law, as laid down by the Court of Common Pleas, is to be affirmed by us. The proposition asserted and acted upon 66 a. See page 2, ante, 8 Copyright. by that Court is that the Act of Parliament was passed for the purpose of protecting dramatic compositions when that which is taken is of substantial value. It was pressed upon us, on behalf of the plaintiff, that anything taken from a book or a play would bring the taker within the Act, and that the Act did not say that the quantity taken must be material or substantial. But the Act must receive a reasonable construction, and whilst we are anxious to protect the property of authors, we must be careful not to withdrawfrom the common stock of literature or art that which is ofno substantial value, as was held in Pike v. Nicholson, and Bradbury v. Hotten, or encourage litigation as to things which have no substantial value. " Mellish L.J. , Amphlett and Bramwell J.J.A. concurred. Paintings, Drawings, and Photographs. By 25 & 26 Vic. c. 68, "the author, being a British subject or resident within the Dominions of the Crown, of every original painting, drawing, and photograph which shall be or shall have been made either in the British Dominions or elsewhere, and his assigns , shall have the sole and exclusive right of copying, engraving, reproducing, and multiplying such painting or drawing and the design thereof, or such photograph and the negative therof, by any means and of any size, for the term of the natural life ofsuch author and seven years after his death"; but without prejudice to the right of others to copy and use any work in which there shall be no copyright, or to represent any scene or object, notwithstanding that there may be copyright in some representation of such scene or object. The copyright is to be reserved either to the author or his assignee at or before the time of sale of such painting, drawing, or photograph, by a writing, as to the seller under his hand or that ofhis duly authorised agent, and as to the assignee under his hand. The benefits of the Act do not attach to any such work until it shall be registered at Stationer's Hall. In ex parte Beale (L.R. 3 Q.B. 387) the description : " oil- painting," followed by the name of the picture, was held to be sufficient, upon registration. In Grave's Case (L.R. 4 Q.B. 715) it was held that this Act protects a photograph of an engraving of a picture. Blackburn J. said : " It seems to me that a photograph taken from a picture is an original photograph in so far that to copy it is an infringement of this statute." Copyright. 6 Engravings, Prints, &c. Copyright in these is given by 8 Geo. II . c. 13 ; 7 Geo. III . c. 38 ; 17 Geo. III. c. 57 ; and 6 & 7 Will. IV. c. 59. The term is twenty-eight years after first publication. The subjects included consist of "any historical print or prints, or any print or prints of any portrait, conversation, landscape, or architecture, or any other print or prints whatsoever, which hath or have been, or shall be engraved, etched, drawn, or designed in any part of Great Britain " or (by 6 & 7 Will. IV. c. 59) Ireland. None of these may be copied without express consent in writing of the proprietor, attested by two witnesses, either in " whole or in part, by varying, adding to, or diminishing from the main design. " Each engraving and print must be "truly engraved with the name of the proprietor :" that is, the plate must be engraved with such name, so that each print may bear it. In Rock v. Lazarus (L.R. 15 Eq. 104) it was held that "it is quite sufficient to give the name of the firm under which the proprietors trade," in the case of a firm, in order to comply with the requirement ofthe Act. By 15 & 16 Vict. c. 12, s. 14 "prints taken by lithography or any other mechanical process by which prints or impressions of drawings or designs are capable of being multiplied indefinitely" are brought within the same protection as engravings and prints. Engravings or prints which are bound up with a book, as illustration or otherwise, do not come within the law as to engravings and prints ; but are protected, with the book in which they are so bound, by the law of literary copyright. Sculpture, Busts, &c. By 54 Geo. III. c. 56 (amending 38 Geo. III. c. 71 ) " every person or persons who shall make or cause to be made any new and original sculpture, or model, or copy, or cast of the human figure or human figures, or of any bust or busts, or of any part or parts of the human figure, clothed in drapery or otherwise, or of any animal or animals, or of any part or parts of any animal combined with the human figure or otherwise, or of any subject being matter of invention in sculpture, or of any alto or basso-relievo representing any of the matters or things hereinbefore mentioned, or any cast from nature of the human figure, or of any cast from nature of any animal, or of any part or parts of any animal, or of any such subject containing or representing any of the matters and things hereinbefore mentioned whether separate or combined, shall have the sole right and pro- ΙΟ Copyright. perty of all and in every such new and original sculpture, model, copy, and cast of the human figure or human figures, &c. " "for the term offourteen years from first putting forth or publishing the same provided, in all and in every case the proprietor or proprietors do cause his her or their name or names, with the date, to be put on all and every such new and original sculpture, model, copy, or cast, and on every such cast from nature, before the same shall be put forth or published. " And an additional copyright of fourteen years is given to the person so making or causing the same to be made, if he shall be living at the end ofthe first fourteen years, and not have disposed of his work. Designs. Copyright in designs is regulated by several statutes. 5 & 6 Vict. c. 100, gives various terms of copyright (namely, nine months, twelve months, and three years) in respect of various goods designed as classified in the Act. This Act has been enlarged and amended by the following subsequent enactments : 6 & 7 Vict. c. 65 ; 13 & 14 Vict. c. 104 ; 21 & 22 Vict. c. 70 ; 24 & 25 Vict. c. 73 ; and, finally, The Copyright and Designs Act 1875 (38 & 39 Vict. c. 93) . "Where a pattern of an article has been registered, the design will be infringed by an article to all appearance the same, though not actually identical" (Holdsworth v. M'Crea, L.R. 6 Ch. 418 ). One who is not himself the designer and has not given valuable consideration for the design is not entitled to protection (Lazarus v. Charles, L.R. 16, Eq. 117). A combination of old designs non-copyright may, in some cases, become a copyright design ; but it is for the judge or jury to decide as to the sufficiency of originality in the combination to make it a new design, and entitle it to the protection of the Court. It should be observed that the same rule which excludes blasphemous, seditious, immoral, or libellous works of literature from the protection of the law, applies also to the fine arts. Registration of Copyright. Section 22 of 5 & 6 Vict. c. 45 enacts, "that no proprietor of copyright in any book which shall be first published after the passing of this Act [ 1st July 1842 ] shall maintain any action or suit, at law or in equity, or any summary proceeding, in respect of any infringement of such copyright, unless he shall, before commencing such action, suit, or proceeding, have caused an entry to be made in the book of registry of the Stationer's Company, of such book, pursuant to this Act : provided Copyright. II always, that the omission to make such entry shall not affect the copyright in any book, but only the right to sue or proceed in respect of the infringement thereof. " The entry may be made by the proprietor of the copyright, at Stationer's Hall, upon payment of five shillings, at any time before commencing proceedings. With respect to paintings, drawings, and photographs, however, no copyright exists until registration . The particulars required upon registration are as follows : ( 1 ) As to books, the title, the time of first publication, the name and place of abode of the publisher and the name and place of abode of the proprietor of the copyright or any portion of the copyright ; (2) As to dramatic pieces and musical compositions in manuscript, the title, the name and place of abode of the author or composer, the name and place of abode of the proprietor, and the time and place of first representation or performance ; (3 ) As to paintings, drawings, and photographs (25 & 26 Vict. c. 68, s. 4) “ a memorandum of every copyright to which any person shall be entitled under this Act, and also of every subsequent assignment of any such copyright and such memorandum shall contain a statement of the date of such agreement [which is necessary in order to vest the copyright either in the seller or assignee of a painting, drawing, or copyright] or assignment, and of the names of the parties thereto, and of the name and place of abode of the person in whom such copyright shall be vested by virtue thereof, and of the name and place of abode of the author of the work in which there shall be such copyright, together with a short description of the nature and subject of such work, and in addition thereto, if the person registering shall so desire, a sketch, outline, or photograph ofthe said work." It is further enacted, as to paintings, drawings, and photographs, that " no proprietor of any such copyright shall be entitled to the benefit of this Act until such registration, and no action shall be sustainable nor any penalty be recoverable in respect of anything done before registration. "

Aregistration by anticipation is not good. There have been two or three cases upon this ; but the most recent is that of Henderson v. Maxwell, (Wkly. notes, March 17th, 1877). In this case a periodical had been registered before publication, and a prospective date of first publication entered. The Master of the Rolls held that a book must be actually published before regis- 12 Copyright. tration, and that the entry in the present case was insufficient. Infringements, Penalties, Damages, and Proceedings on same. It is difficult to define an infringement of copyright, since so much depends upon the character of the work copied and the nature and extent of the piracy. We have already observed that it is lawful to take fair extracts from, or to make a bona fide abridgement of a work ; and in the case of Wood v. Boosey (see page 3, ante) we found that a pianoforte arrangement of an opera was held to be no infringement of the copyright in the opera. Where, however, there is an evident and manifest copying from a work of its vital portions-whether innocently or by design—it is an infringement. That is really all that can be said in the limited space at our disposal. We may add that unlicensed copies made for gratuitous distribution are equally an infringement with those made for illegal gain. The penalties and damages recoverable are : ( 1 ) as to books, the pirated copies and the value of those sold ; double the value of imported pirated copies and £10 also ; damages ; and an injunction against further infringement ; (2 ) as to dramatic pieces and musical compositions, for each representation or performance without consent in writing, a sum not less than 40s. , the full amount of the benefit or advantage arising from such representation, or the injury and loss sustained by the plaintiff therefrom, whichever shall be the greatest damages ; injunction ; ( 3) as to paintings, drawings, and photographs, a sum not exceeding £10 and all pirated copies ; injunction ; (4) as to engravings, prints, &c. , damages ; injunction ; (5) as to sculpture, damages. In most of these cases double costs were formerly' allowed, but ordinary costs only are now given. Proceedings should be taken immediately upon discovery of piracy, especially if an injunction be sought. In Chappell v. Sheard ( 1 Jur. N.S. 996), an injunction was withheld until a delay of three months had been accounted for upon oath. Proceedings as to books must be taken within twelve months after discovery of piracy ( a). The most usual course is to proceed in the Chancery Division and ask for an injunction, delivery up of pirated copies, and the blocks and plates (if any) , and damages. Frequently, however, actions are brought in the Common Law Divisions ; and, if damages be a greater object a. 5 & 6 Vict. c. 45, sec. 26, Copyright. 13 than an injunction, the better course is to proceed in the Common Law Divisions. The Smaller penalties are recoverable by summary proceeding before two Justices of the Peace, or in the County Courts. It must be particularly noticed that before any proceedings are taken with regard to books, dramatic pieces, or musical composition, registration must be made at Stationer's Hall of the work sought to be protected. As to books, the proceedings become altogether void in default of such registration, by operation of sec. 22 of5 & 6 Vict. c. 45 ; and although there is a reservation in that section as to the registration of dramatic pieces and musical compositions, the only safe course is to register those also before taking any proceedings. Transfer ofCopyright. Since the decision in Kyle v. Jeffries (3 MacQueen, 611 ) , that a receipt in writing is sufficient, it is no longer requisite to have a more formal assignment of literary copyright. The 13th sec. of 5 & 6 Vict. c. 45 , however, provides what in most cases is a safer mode of transfer : it enacts that a registered proprietor of copyright may assign his interest, or any portion of his interest therein, by making entry in the book of registry at Stationer's Hall of such assignment, in the form provided and that such assignment by registration shall be effectual in law to all intents and purposes whatsoever. As to assignment of copyright, Jessel M.R. , in the case of Leyland v. Stewart (L.R. 4 C.D. 420) , said : " Though no judicial interpretation appears to have been put on the 13 section of the Act 5 & 6 Vict. c. 45, yet all the decisions as to assignment of copyright being in writing under the Act of 8 Anne c. 19, apply to the later statute. Under the old Act it was established by a series of decisions that as the consent in writing of the proprietor was required to the printing of any book by any person, the assent, which was a greater thing, must be in writing also. The provisions of the old Act as to ' consent in writing ' are re-enacted by sect. 15 of 5 & 6 Vict. c. 45. So, upon the principle of those decisions, an assignment of copyright now, unless made by entry in the registry at Somerset House, must be in writing, and an assignment not in writing is not sufficient. Therefore in this case, the defendant claiming as he does under a parol assignment cannot prevail against the plaintiff's title. " Copyright may be assignedor, as it were, demised-for a limited portion of the copyright term ; but it may not be assigned as to any particular locality, 14A Copyright. as a patent, may. The whole copyright must be assigned either for the whole term or a portion of it. If copyright be assigned for a limited term, the assignee has a right to publish and sell copies made during the term assigned after the expiration of that term, in the absence of stipulation to the contrary (Howitt v. Hall, 10 W.R. 381 ). If the right to copy, publish and sell an edition be assigned, the number of which the edition is to consist must be stated ; for there has been no strict definition of an edition, and the number of copies which may constitute an edition is quite arbitrary. International and Colonial Copyright. By 7 Vict. c. 12 & 15 Vict. c. 12 , Her Majesty has power to approve provisions for International copyright, and give foreigners copyright in the British dominions, in respect of works not first published in the United Kingdom. In pursuance of this power conventions have been entered into with Belgium, France, Prussia, and most of the German States, Sardinia and Spain. With America-the most important country in this respect, as one using the same language. as our own-we have no convention. Therefore American works are non-copyright here, and British works are non- copyright in America. By 10 & 11 Vict. c. 95, provision is made for copyright arrangements with the colonies. The supposed necessity for these arises from the fact that although British copyright extends over all parts of the British dominions, the work must be first published within the United Kingdom. Works first published in the colonies are not, therefore, copyright here, except by convention. Practically, however, British copyright works are pirated-or pirated copies can be easily obtained in the colonies : and the protection given and provision made for British authors in the colonies is almost a nullity. Properly, certain dues are payable to British authors whose works are copied in the colonies ; but it is almost needless to add that such dues are seldom or never paid to them. Conclusion. Necessarily what has gone before has been rather a summary or digest than an exposition of copyright law. Yet, it is hoped, that the chief points and leading principles have been made sufficiently prominent to have given a clear general view of the law of this most interesting, but naturally complicated subject. Copyright. 15. CASES CITED. PAGE. 6 8

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4 6 9 4 2 4 4 3, 12 16 Copyright. STATUTES. Books, MUSIC, &c. DRAMATIC PIECES. . PAINTINGS, &c. . • ENGRAVINGS, PRINTS. &C. SCULPTURE. DESIGNS. 5 & 6 Vict. c. 45. 3 & 4 Will. IV. c. 15. 25 & 26 Vict. c. 68. 8 Geo. II. c. 13 ; 7 Geo. III. c. 38; 17 Geo. III. c. 57 ; 6 & 7 Will. IV. c. 59; 15 & 16 Vict. c. 12 (sec. 14.) { 38 Geo. III. c. 71 ; 54 Geo. III. INTERNATIONAL. . { COLONIAL. 6 & 7 Vict. c. 65 ; 13 & 14 Vict. C. 104 ; 21 & 22 Vict. c. 70 ; 24 & 25 Vict. c. 73 ; 38 & 39 Vict. c. 93. 7 Vict. c. 12 ; 15 & 16 Vict. c. 12 ; 38 Vict. c. 12. IO & II Vict. c. 95. NOTICE. Subject of No. 2—June, 1877— LIBEL: BY THE EDITOR. The Latest Literary Boycott. An Appeal to the Public. The unexpected decision of Messrs. W. H. Smith and Son to exclude " God is Love " from their bookstalls on account of the title of the book, has naturally created an agitation in all literary circles throughout the British Isles, and may, it is hoped, become the means of bringing to an issue the vexed subject which has been in dispute between authors and that firm for many years past. Briefly summarised, the facts relating to this matter are as follows : Mr. T. Mullett Ellis, author of " Zalma " and other well- known novels, has produced a pastoral sketch of life in the Ardennes, entitled " God is Love-A Novel. " Messrs. W. H. Smith and Son, who possess a peculiar monopoly, so far as the output of publications is concerned, object to this title being used for a work of fiction, and have accordingly intimated to Mr. T. Mullett Ellis that they will not allow the book to be sold on any of their bookstalls. On the receipt of this intimation Mr. Ellis had an interview with Mr. Kingdon, the Departmental Manager to Messrs. W. H. Smith and Son, and was informed by that gentleman that, beyond the title, the firm had no fault to find with his book. Mr. Mullett Ellis accordingly addressed the following letter to Messrs. W. H. Smith and Son : " GOD IS LOVE '-A NOVEL. " To Messrs. W. H. Smith and Son. DEAR SIRS, -Referring to the conversation I had with your Depart mental Manager, Mr. Kingdon, on Saturday, the 15th inst. , I am con. THE LATEST LITERARY BOYCOTT. strained to write you a letter of remonstrance against your intention of putting my book, " God is Love ' -a Novel, " under the ban of your firm . The great house of W. H. Smith and Son occupies an unique position in relation to English literature. Not in the metropolis only, but throughout the country, your firm enjoys a monopoly in the supply of books and newspapers through its contracts with the railway companies. You have hundreds of bookstalls , occupying more favoured positions than the shops which other booksellers can obtain, convenient to millions of railway travellers, who form, in fact, the bulk of the reading public, and the advan tages which your enterprise and energy have conferred upon the people we are all prepared to fully recognise. If you were an ordinary firm of booksellers you would have the right to deal in those books only which you choose, or even to devote yourselves to the special encouragement or discouragement of books of some particular creed or opinion, but holding your anomalous position ( though you have undoubtedly a strictly legal right to buy and sell as you deem proper, and, therefore, to exclude any book you like) , I submit that there are circum- stances which render it incumbent upon you not to so exercise your right as to act, virtually, as the Censors of English Literature . You have done this before, e.g. , in the case of " Esther Waters, " and you have provoked, in consequence, the indignation and the protest of a great number of men of light and leading, " including such authors as A. Conan Doyle, Sarah Grand, Hugh Chisholm, William Archer, W. J. Dawson, Mary Jeune, and many others, whose letters, published in the Daily Chronicle, were echoed by the entire press . 66 Mr. Kingdon was kind enough to state his objection to stock my book. His objection is to the title ; to the use of the words, " God is Love '—a Novel, " upon the cover of my book. Yet a considerable number of booksellers have taken it into stock without deeming the title an objection . I can realise Mr. Kingdon's individual feeling, and can even honour him for his stern views ; but I refer you to the general argument of this letter as a reason why your firm should not exercise such an extreme of private judgment, either in my own or any other case. The position which your monopoly has conferred upon you has largely contributed to the general gradual extermination of the small bookseller. He cannot compete with the superior positions you occupy on the platforms of railways, at the very doors of the modern reading- room-i.e . , the railwaycarriage. Your bookstalls are upon lands peculiarly held and obtained. It was never intended that lands acquired by force by railway companies under special Acts of Parliament should be in part let to private firms for the purposes of trade, and your tenancy is another reason why your busi- ness should be conducted with a large andopen mind, and why, if you abuse your extraordinary privileges, Parliament must be called upon to interfere. It has not been suggested that your firm, bearing, as it does, the name of one of the most distinguished politicians of recent years, a strong party man, universally respected, has ever endeavoured to utilise its power to discourage the sale of journals of political opponents ; but, obviously, if you boycott books, you have an equal right to boycott newspapers, and your right of veto may be exercised not in literature only, but in politics-a monstrous consequence ! If the intellectual life of England as presented in our Literature is to have a Censor at all , I submit with deference that he should not be one of the business staff of a trading firm , however high its standing. Even THE LATEST LITERARY BOYCOTT. 3 CC amongst scholars opinion as to the merits of various works of fiction singularly differs . Instances occur in the last and the current issue of " The Nine- teenth Century " magazine, where " Helbeck of Bannisdale " is under review by two learned gentlemen , both Roman Catholics . Father Clarke, S.J., characterises this novel as " a libel, " " a gross burlesque, " a calumny. " Father Bernard Vaughan " has risen from its perusal with a feeling of deep gratitude to Mrs. Humphry Ward " ; and St. George Mivart concludes his eulogistic review of the same book with " thanks for the great treat she has afforded me in her profoundly interesting and fascinating work. ” If such men holding the same religious faith differ thus, how difficult must your position be when you act as judge for the whole world of English readers ! I am not anxious at the present moment to defend the moral or religious tone of my own book, although, should necessity arise, I am prepared to do so. A matter of much greater consequence devolves upon me, viz . , to protest, as a humble member of the great body of British authors, against your exercise of the power of boycott at all. It is intolerable. It was hoped that the " Esther Waters controversy had settled this question four years ago, and the literary world generally believed that you would not again put yourselves in opposition to the idea of Free Trade in Literature, or attempt to dictate to the public what they should or should not be allowed to read. But we counted too early upon having won this right of the Liberty of the Pen-a freedom we dreamt we had attained centuries ago. Let me quote the words of Mr. Conan Doyle upon the subject : 66 Through the huge monopoly which they (Messrs. W. H. Smith and Son) hold, the firm is practically a public institution, and is far too great a thing to be managed on the lines of individual caprice or intolerance. " And again in a subsequent letter he writes : " The question is not one of this novel or that. It is whether our literature is to conform to the standard of the Glasgow Baillie or whether it is to claim the same privileges as every great literature of which we have any record. If a book err in morality let the law of England be called in. But we object to an unauthorised judge who condemns without trial and punishes the author more heavily than any court could do. " (Conan Doyle, May 3rd, 1894. ) Let me remind you, too, of a memorial of " indignant protest " sent you by a number of your own subscribers, which concluded thus : CC By taking the action you have we are of opinion that you have added to your work as distributors of books the office of Censor of morals, and have in part frustrated the objects for which we joined your circulating library-the largest in the country. " When I remember that besides putting the novels of George Moore under your ban you once boycotted also the work of Rudyard Kipling, I have demonstrated my point. I accordingly appeal to you, with every expression of consideration and courtesy, notwithstanding these plain words of protest, to reverse your decision and to remove my book from your ban. Reserving the right of publication of this letter, I remain , dear sirs, yours faithfully, Hogarth Club. T. MULLETT ELLIS. October 17th, 1898. THE LATEST LITERARY BOYCOTT. In due course Messrs. W. H. Smith and Son forwarded a reply, but, as it was marked " private," it was evidently not intended for publication, and, therefore, as a matter of business courtesy, cannot be published. The Newsagents' Chronicle then took up the cudgels on behalf of Mr. Ellis, and addressed the members of the news trade in the following leading article : AN UNOFFICIAL CENSORSHIP. Afortnight ago we published a review of Mr. Mullett Ellis's new novel, "God is Love. " The book, which is powerfully realistic in character, is none the less acceptable on that account, and has since been issued to the trade, but, strange to say, has been uncompromisingly boycotted by Messrs . W. H. Smith and Son, who, presuming on the unique position they hold in the publishing world , and their bookstall monopoly, have virtually arrogated to themselves the unofficial censorship of English literature. From a communication made to the author by Mr. Kingdon, the departmental manager to Messrs . Smith, it appears that they consider the title, "God is Love-A Novel, " irreverent, and altogether out of place in such a connection . This seems very much like straining at a gnat and swallowing a camel, because , if it be permissible for Marie Corelli to make the Day on Calvary the principal scene on which the interest of " Barabbas " centres, surely it is equally permissible for another writer to show that God is Love, by using such an old and well- known text for the text of his work. Here we are of opinion that Messrs. Smith have committed a grave error of judgment, which is calculated to raise a similar storm of indignation to that created a few years ago when they placed their ban on Esther Waters." This is all the more likely to be the case, because " God is Love " does not contain a word, a phrase, or an idea which is in any way derogatory to religious or moral ethics, but it is on the contrary a great sermon, which possesses the quality frequently lacking in sermons, of being of enthralling interest. C6 In regard to their methods of doing business, if Messrs. Smith were an ordinary trading firm, they would, of course, be perfectly at liberty to accept or reject whatever goods they thought fit. But it happens that their bookstalls are upon ground peculiarly held and obtained . It was never intended that lands acquired by force by the railway companies under special Acts of Parliament should be let to any particular firm for the pur. pose of giving them a monopoly which should bring about an abuse of the privileges they enjoy. Something stronger than a mere protest is required to meet such a flagrant and uncalled - for exercise of unofficial power. We are informed that the Society of Authors has been communicated with upon the subject, and no doubt some action stronger than mere talk will be taken by that very influential body of litterateurs, which is quite fully qualified to act with prompt decision when the unofficial censorship of letters is brought into question. How far Messrs. W. H. Smith and Son are justified in their action is shown by the appended press opinions, the merits of the THE LATEST LITERARY BOYCOTT. 5 case being, perhaps, most clearly dealt with by The Daily Chronicle in its article on A LIBRARIAN'S BOYCOTT. When is a novel not a novel ? We ask the question in some perplexity, because, whilst Mr. Ellis claims the title for what is undoubtedly a romantic story, one of the principal firms which undertake to distribute novels to such as want to read them has seen good to exclude this particular book from its list. The reason assigned is that the title-page and the back of the volume describe it as " God is Love : a Novel. " The manager of the firm lighted on this legend with a disapproving eye, and cast his protecting shield over all the grown men and women who rely for their fiction on the shelves of the railway bookstalls. We are far from impugning the motive of Messrs. Smith and Son, or of their manager, for objecting to a title of this kind. They were shocked , it may be, by the close associa tion of the sacred name with such a light and frivolous word as novel. " We can quite understand it. We would not, for our own part, have devised a title in that precise form ; and internal evidence seems to show that Mr. Ellis himself had no idea whatever of attracting attention to his book by a touch of irreverence. Indeed, it is doubtful if one in a hundred of our readers, accustomed to look at words in their fair and proper meaning, will see anything irreverent in the association. It will scarcely be maintained that the name of the Deity on the title-page of a novel is absolutely inadmissible . At any rate, there have been sundry recent instances of its use, as in "The Mills of God, " " God's Fool, " " God and the Ant,,"" " God and the Man, " etc. , which were certainly not all excluded , if any of them was, from the circulating libraries . The ostensible objection in the case of Mr. Ellis's story is not to the writing or reading of a novel with such a title, but only to calling it what it actually is. So it comes to this, that a distributor of novels, finding a novel with a title which could not be absolutely barred , refuses to circulate it , merely because it gives a correct description of itself. The reason is not quite adequate. It so happens that this novel of " God is Love " contains one or two things which might conceivably have set a squeamish mind against it, and caused a literary censor to hesitate in recommending it. But Messrs . Smith and Son do not take that line, and it would not be fair to conclude, from anything which they have said, that they object to the story in itself. We must keep Mr. Ellis waiting a little longer while we consider this question of boycott by the circulating libraries in its wider aspects. There have been plenty of cases, as everybody knows, in which stories have been rejected by the distributors on the ground of their unwholesome qualities, though they have already passed through the ordeal of criticism by the publishers' readers. Technically, no doubt, the man who buys books wholesale, in order to sell them retail, has as much right to decide what goods he will buy and sell as anyone else who trades under similar conditions ; but there are many and evident distinctions between a circulating library and an ordinary retail shop . The retailer is in duty bound to protect his customers against adulterated goods, which they could not detect and avoid by themselves. The librarian, on the other hand, supplies customers who are at least as well able as himself to discriminate between a good book and a bad one, and who would certainly claim the right to make their own selection. Possibly there are a few poor creatures 6 THE LATEST LITERARY BOYCOTT. who rely entirely upon the intelligent young man at the bookstalls, and who accept and read whatever these young men may put into their hands. We shrewdly suspect that the origin of the distributor's boycott is to be found in his consideration for the poor creature, and that, if all his customers were intellectual and discriminating men and women, he would no longer think himself entitled to set up a censorship over books published by respectable firms. Then the question arises whether Messrs. Smith and Son's manager, or anyone else, is justified in depriving the most intellectual readers of their right of personal judgment in order to prevent a book which he happens to disapprove from falling into the hands of the poor creature. Evidently, if there is such urgent need for the protection of the weakest, it would be the duty of the State to see that it was effectually given ; and this would take us back at once to the old censorship in its strictest form . If we are to have an " Index Expurgatorius, ” it should at least be thorough and systematic, and not an irresponsible propaganda in a distributor's office. Mr. Ellis, still assuming that his unfortunate title is the gravamen of the charge brought against his book-has unwittingly supplied us with the reductio ad absurdum of the librarian's boycott. The story itself is one of undeniable interest and power. It is in some respects crude. We would have avoided the stumbling-block in the title . We would have thought twice about the dedication , and would have struck our pen through two or three isolated texts at the beginning and end of the volume. But, for all that, this story from the Ardennes is strong and pathetic, and on the whole exceedingly poignant. It draws from life the martyrdom of a delicate, pretty, pure-minded little peasant girl, whose parents work her like a slave, and whose miserly mother is on the point of selling her to a "licensed house " in Brussels when death sets her free. Meantime, the motive of the book is in evidence throughout ; her perfect purity, reinforced by the curé's assurance that " God is Love, " is very sharply contrasted with the things which pass for love amongst her village companions. There are scenes of mordant realism, some of them, as we have suggested, which might give a squeamish censor pause, but the drawing is transparently true to life, and the characters are, almost without exception, convincingly real. Painful as this novel may be to a few of its readers, to suppress it on its merits would be as glaringly unjust as the librarian's boycott on the pretext of its title is ridiculous. Of course the author of the boycotted novel forthwith complained to the SOCIETY OF AUTHORS, to whom he stated his case in clear language. The committee of the Society of Authors has had the subject under consideration. The decision of the committee is not yet published. The committee which had the case in hand consists of the following eminent gentlemen : Sir W. Martin Conway, A. W. à Beckett, Sir Walter Besant, Egerton Castle, F.S.A., W. Morris Colles, D. W. Freshfield, H. Rider Haggard, Anthony Hope Hawkins, J. Scott Keltie, LL.D., THE LATEST LITERARY BOYCOTT. J. M. Lely, Sir A. C. Mackenzie, Mus.Doc. , Henry Norman, and Francis Storr. The outcome of their action will be awaited with interest by the entire literary world. But the ultimate issue is with THE PUBLIC. Englishmen for generations have prided themselves on their liberty, and they will surely not consent to allow any monopoly to dictate to them what they shall or shall not be permitted to read. " God is Love-A Novel " may be obtained at any public or circulating library, and at all booksellers. It may even be had at Messrs. W. H. Smith and Son's circulating library, and if the public are determined they may get it at the bookstalls by ordering it, and insisting upon having it. The book thus excluded has become THE BOOK OF THE HOUR, and the very fact that an attempt has been made to stifle its circulation has drawn public attention to a novel of no ordinary kind. Fortunately for the author and all concerned, the book is one which will bear the critical examination thus caused. 'The best thing the public can do is to insist upon their rights-their right of LIBERTY TO READ, and either buy the book or order it at Mudie's or one of the other libraries. 8 THE LATEST LITERARY BOYCOTT. Having quoted at length the entire article devoted to the notice of this book in The Daily Chronicle, which is the recognised organ of literature amongst the great London dailies, there is no need to multiply similar reviews. But it may be well to set out briefly the following OPINIONS OF THE PRESS. "A forcibly written story. "-Pall Mall Gazette. "An interesting and well-written story. "-Bristol Evening News. • " Mr. Ellis is a most fearless writer, who is a keen observer and sympathetic describer of human nature. Mr. Ellis certainly writes with tremendous power and originality . "-North British Daily Mail. "The present story deals with peasant life with an almost Zolaesque realism . The character of Marie is drawn with a Fra Angelico purity of outline and tenderness of colouring. "-Church News. "As a piece of literary composition it is admirable. "—Dundee Advertiser. "The drowning of Louis Gans in the bog is a very moving piece of writing. "-Dublin Evening Herald. " Mr. Ellis is evidently a keen observer both of nature and of character, and he is besides endowed with an unusually ample measure of the shaping spirit of imagination . His pictures of peasant life remind one of Gotthelb, so highly praised by Ruskin. The descriptions of scenery are so exquisitely beautiful that they are worthy to be named with the Wessex landscapes of Mr. Hardy. "-Glasgow Herald, "A delicate and dainty piece of work-a tragical idyl, cut in cameo. Acharming story. "-Sheffield Daily Telegraph. " It does not contain a word, a phrase, or an idea which is in any way derogatory to religious or moral ethics . " -Newsagents' Chronicle. "Curious and strange in many ways, this novel of the Ardennes is a somewhat bold and striking piece of work. Marie, the heroine, is a dainty study, cleverly followed and vividly real. "-Western Morning News. "A finely-written story. The characters are life -like, and though the plot is slight it is never allowed to flag or become monotonous. It is in force of character and artistic detail a good piece of work. "-Vanity Fair. HAYMAN, CHRISTY & LILLY, LTD. , PRINTERS , FARRINGDON RD. , E. C. [ 7]

PERNICIOUS LITERATURE

Pernicious Literature

LETTERS BY LORD MOUNT-TEMPLE and MR. SAMUEL SMITH, M.P. DEMORALIZING PUBLICATIONS.

To the Editor of " The Times."

Sir, -I desire to call the attention of your readers to a moral epidemic, little observed by the public, which is spreading with alarming rapidity among the rising generation, mostly in the lower classes in the metropolis and other large towns, polluting their purity and honour, and leading in innumerable instances to their ruin in body and soul. Compulsory education has developed a capability for reading among classes who formerly took little interest in books, and the cheapness of sensational publications makes easy the gratification of this taste. The teaching in schools is almost exclusively mental, only half an hour in the morning being allowed for the development of the moral faculties. This is owing to the unfortunate mode by which the Government grants depend on the literary results ascertained by rapid examinations of inspectors. This desire for reading and the curiosity about forbidden gratifications have suggested to many vile persons an easy way of earning money by foul sensational publications, which stimulate the animal passions, and enable fleshly impulses to domineer over conscience and duty. The laws of the land are evaded, and the laws of God are broken. What can be done to arrest this sad deterioration of England, which is rapidly becoming worse than France, in that French injurious novels in translations are now selling in England at the rate of 1,000 a week, in larger quantities and at lower prices than in Paris, the French having opened their eyes to the moral havoc produced by this poisonous literature ? In Germany whole editions of translations of abominable French novels are confiscated by the police. Our laws must be more effectually executed, and some more stringent enactments must be added. The Criminal Investigation Department of the Metropolitan Police has brought to justice offenders against these laws, but the police are too much occupied to find time for what is often a lengthy pursuit after necessary evidence. The Public Prosecutor is instructed to undertake only those cases in which he feels confident of success. The injured parties are unwilling and unable to prosecute. It is open to any one to commence legal proceedings ; but what is everybody's business frequently terminates in being nobody's business. The evil is organized, and its counteraction must also be organized. Two vigilance associations have been formed to get the law into full operation, to aid the police, and to protect the innocent from the alluring traps cunningly laid for their ruin, and to develop the passive disgust of individuals into a powerful utterance of public opinion. The National Vigilance Association, at 267, Strand, has taken into 27 consideration during the last eight months 170 cases which seemed open to prosecution, and they have, since the Parliamentary discussion on the 17th of July, prosecuted five men who had adopted as their trade to wheel through frequented streets barrows which visibly contained ordinary books, but who drew from their pockets illegal and mischievous little books and photographs for sale to those who could be tempted thereby. These men were fined 40s. with the alternative of imprisonment. Consequently no such barrows have re-appeared. Several shopkeepers have ceased to defile their windows with improper pictures and books, and now sell them only in privacy. This Association will thankfully receive any information or clue that may aid them in preparing for prosecution, without mentioning the names of their informants. course of their prosecutions the Association avoid as far as they can any public mention of the names of the pernicious books, but when an exceptionally clever bad book becomes the subject of a trial the name may appear in the newspapers, increasing its sale, and alluring readers into reproductions of what the book suggests. In The struggle between evil and good is appearing in new phases. Cruel selfishness is using two weapons of secrecy and publicity for the corruption of the young. In the combat those who timidly fear a discreet use of publicity cannot win. Evil doers ordinarily prefer secrecy and well-doers publicity. Evil is assisted by darkness, as the fatal power of deadly nightshade is developed in the absence of light, and as leprosy devours the vital energy of its victims before it becomes visible. Evil is assisted by darkness, and goodness by light. The publishers and shopkeepers who make profit out of bad books wish publicity to reach only purchasers and to be hidden from those who would oppose the sale. Publicity will dispel the ignorance that secrecy has maintained. Many people become aware of laws only through the decisions of magistrates and legal Courts ; and prosecutions, whether successful or not, will convey a knowledge of these laws to those who know nothing about them. A workman who had seriously injured a girl of 14 was astonished when he received a sumnions. He asked why was he to be interfered with for only doing what most of the men in his narrow street were in the habit of doing without interference, and he indignantly asked why his liberty was to be interfered with. The answer reached him in the form of severe imprisonment with hard labour. Many parents in their terror of publicity dare not warn their children on that delicate topic which is not omitted from the ignorant confidential talk of those children. The hope of arresting the spread of this loathsome contagious disorder of soul and body seems to rest upon directing public opinion to the duty of supporting an active crusade against this form of immorality, which is beginning to degrade the character of England. Broadlands, Romsey. MOUNT-TEMPLE. August 27th, 1888. PERNICIOUS LITERATURE. To the Editor of" The Standard.” Sir,-Permit me to call attention, through the columns of " The Standard " to a subject which I recently brought before Parliament—viz. , 28 Γ “That the spread of pernicious literature in this country of recent years. obtained the unanimous assent of the House to this resolution :— this House deplores the rapid spread of demoralizing literature in this country, and is of opinion that the law against obscene publications and indecent pictures and prints should be vigorously enforced, and, if necessary, strengthened. " Only one opinion was expressed as to the greatness of the evil and the need of dealing with it more vigorously. The Home Secretary said most truly, in reply to me, " The French romantic literature, of which cheap editions were sold in this country, had reached a lower depth of immorality than had ever before been known. In comparing such litera- ture with classical literature, it must be borne in mind that while the latter was written with no evil purpose, the former was written with the object of directing attention to the foulest passions of which human nature was capable, and to depict them in the most attractive forms." It has been my painful duty of late to read many communications on this subject from those who are grappling with the question, and I have been horrified by the discovery of the greatness of the evil, and its widespread ramifications. The Post Office is used to convey great quantities of poisonous trash, and miscreants are employed to introduce this garbage into schools for boys and girls. Only lately I learned of a system of supplying servant girls with obscene pictures and books in a suburb in London. The streets of this City are infested with persons who thrust indecent pamphlets into the hands of youths. The evil has grown to frightful din ensions, and unless the nation awakes to the fact and seriously grapples with it, a rapid decline in morals will be the inevitable result. The worst of all those classes of bad books are the so called realistic novels which come from France, and which are being introduced into England by means of translations in enormous numbers. One publisher boasts that he has sold over one million copies. No such books were to be met with in this country till recent years, but the taste for this putrid literature is growing, and every means is taken to stimulate the appetite. One of these means is to procure notices in the daily Press, and I have seen lately, to my great sorrow, several notices of a flattering kind of some of the worst books ever published. I do not know a sadder thought to any lover of humanity. Is the end of our vaunted civilization to be the degradation of literature to the level of a sty ? Are the youth of this Christian country to be saturated with putrid filth which the heathen of the ancient world would have blushed to read ? One thing is certain, wherever the habit of reading such books is found all noble aims perish, all aspirations after the pure, the beautiful, and the good die out, and man becomes corrupted to the core of his being. Nations that abandon themselves to such practices slowly decline, and by an inevitable law of Providence are swept away by manlier and purer If our country is to escape this fate there must be an effort to cast out this hateful thing. The law ought to be more stringently enforced ; books are allowed to be circulated here which are forbidden in Germany and our own Colonies, and miscreants ply their trade safely in London who have been expelled from every country of Europe. Our excessive regard for personal liberty has laid us peculiarly open to this evil. We have to learn that liberty is for the good, not for the evil doer, " that races. 29 magistrates are to be a terror to evil doers as well as a praise to them that do well." But, after all, public opinion and moral suasion are the most powerful weapons in a free country, and I urge upon the Press generally to maintain a high standard in this matter. The power of the Press in modern life is enormous ; it may be the guardian of justice and morality, or it may be the chief engine of national corruption. Its responsibility is enormous, and this appeal is made with a view of enlisting your support in a movement to purify the current literature of the day. This subject is being brought before the House of Lords, and a Select Committee will be asked for next year to inquire into the whole question. Amongst the subjects that must be dealt with is the immense circulation of low-class papers for children. I have obtained a list of about forty penny papers issued in London, chiefly for boys, with a circulation of over a million per week. These papers are adorned with the lives of successful burglars, pirates, theives, murderers, &c., the biography of Charles Peace being one of their favourite studies. This class of papers is not so destructive to the moral sense as the French novel and its congeners in this country, but is miserable pabulum on which to rear the rising generation. Need we wonder at the juvenile depravity which disgraces our English towns ! We have a great many organizations for good in this country-churches, Sunday-schools, good education, and immense stores of high-class literature ; but all this is being countermined to a degree that the public are hardly aware of. There is a vast array of agencies for evil, and, in my judgment, the worst of all these, the most insidious, the most deadly, is this polluted stream of corrupt literature. I am, Sir, your 7, Delahay-street, Westminster, S.W. obedient servant, SAMUEL SMITH. July 28th, 1888. The following Speech was delivered by Mr. S. SMITH, in presenting a numerously signed petition to the House of Commons, against the publication of offensive details of divorce cases in the newspapers, April 22nd, 1887. MR. SAMUEL SMITH (Flintshire), who had the following Notice on the Paper, which he was precluded by the forms of the House from moving :— " That this House deplores the evil done to public morals by the publication in the newspapers of the offensive details of divorce cases, and of others of an indecent character, and urges upon the Government the need of strengthening the law against the publication of obscene matter," 30 said : The subject which I desire to bring before the House is one of a painful character, and nothing but a strong sense of public duty would have induced me to take this course ; but I have been so deeply impressed by the injury done to public morals by the foul reports of divorce cases which have recently appeared in the public Press that I could not shirk this duty, and I must ask the indulgence of the House for a short time while I draw their attention to so distasteful a subject. I believe I may state with truth that a widespread feeling exists in this country that something must be done to check this evil, and that feeling is shared by the House, as is shown by the fact that fully 260 Members have responded to an appeal to take action in this matter. I may add that shortly before Parliament met a meeting of the magistracy of Liverpool was held, presided over by the Mayor, at which this resolution was carried nem. con.- " That this meeting of magistrates sitting at Liverpool, having been specially convened by the Mayor to consider the injury done to the public morals by the publication of detailed reports of divorce cases, is of opinion that it is desirable that the publication of such details should be forbidden by law, and that the same rule should apply to all cases of an indecent character. " The Several meetings of a similar kind were held in other towns to the same effect ; indeed, I may say that something like unanimity exists that a check should be put upon the license of a portion of the Press. It is only of late years that this evil has grown to such magnitude ; formerly the Press used to prune these reports, so as to deprive them of prurient details ; but, of late years, the habit of reporting at great length has suddenly developed, and some of the lower class of papers have even gone so far as to give verbatim reports of the foulest details of vice. better class of journals for long resisted this vile practice ; but, gradually, one could see the growth of the habit even among them, and if we go on at the rate we are doing there will soon be few exceptions to the rule. Last year was the worst for bad divorce cases for many years, and the evil done by the moral pestilence that emanated from our Divorce Court will never be fully known and measured. There were weeks together when the chief matter of the Press, and of private conversation, was the disgusting details of these infamous cases ; a malarious fog brooded over the country, poisoning the moral atmosphere like the emanations from a pest-house. But what I ask the House chiefly to consider is the effect upon the morals of the young. It is now impossible to keep the newspaper out of the hands of children and domestic servants ; it is part of the daily life of the country. Is there a father in this House who would like his boys and girls to read these abominable cases ? I believe there is hardly one who would not use his utmost endeavour to keep them out of their hands ; but how vain is it nowadays to hide the newspaper. Our towns are full of revolting placards which thrust this odious knowledge upon everyone. I believe in but few cases can children be kept from this guilty knowledge, and it is impossible for them to get it without their minds being soiled. All moralists, even in heathen countries, have held that children should be kept innocent in mind as long as possible ; but that is virtually im- possible now, and probably there never was a time since the world began 81 when children were so widely corrupted by familiarity with vice as in London in this 19th century of Christianity. And this leads me to say that, accompanying this abuse of the Newspaper Press, there has grown up a fearful amount of depraving literature in this country. I do not underrate the difficulties of this question. I am aware that this country regards publicity as the chief safeguard of justice, and that it values very highly the liberty of the Press. I do not propose that we should close the Courts of Law when divorce cases are tried . I am fully alive to the importance of branding vice by public exposure, and the Press should be allowed reasonable liberty of reporting ; but surely there is some middle course between totally suppressing reports of divorce cases, as they now do in France, and publishing the most prurient details. It will be for the wisdom of this House to draw the line, and I feel sure that a large section of the British Press will rejoice to be freed from the competition of the lower class of papers, which live by pandering to the basest appetites of human nature. I am prepared for the objection of some that we want to shield the wealthy and the great. Now, for my own part, I wish to say that instead of shielding them I would rather they were pilloried tenfold more ; the conduct of some of the upper classes in this country would disgrace heathendom ; they are jeopardizing the order to which they belong ; and if many exposures take place like those of last year the country may be brought to the verge of a social revolution. For my part, I would not move a finger to arrest the just indignation of the people from titled profligates ; but I am not prepared to let the whole nation be poisoned by the reports of their debauchery. After all, it is more important to protect the morals of 36,000,000 people, of whom 6,000,000 are children at the most impressionable time of life, than to frighten a few hundred wealthy profligates. In this, as in other things, one has to consider the greatest good of the greatest number. No other nation, so far as I know, permits such extended details of divorce cases. In France it is altogether forbidden ; and I doubt whether other European countries allow such latitude as we do. I think I am not mistaken in assuming that the House will generally agree with me thus far. It is when we come to the remedy for this, that immense difficulties are encountered. No doubt, the simplest method would be to hear all such cases in camera ; but that method was rejected when the House established the Divorce Court, and it is not likely to alter its decision now. Then there is the plan of giving the Judges power to prevent the publication of what they consider unfit details of evidence. It is alleged that they possess this power theoretically ; but it has practically become obsolete ; certain it is that the Judges will not now incur the odium of punishing the Press through contempt of Court, unless under express Act of Parliament. I think I may venture to assert that we cannot look for a remedy, to the voluntary action of the Judges. I think the view that will commend itself to the House is that we must strengthen the whole law about obscene publications, and prohibit offenders from pleading in defence that it is the report of a public trial. It is too important and difficult a matter to be dealt with by private Members ; and I shall propose that the duty be laid on the Government, and I have good reason to believe that it will respond to the appeal. In conclusion, I would wish 32 to quote from a circular, signed by some of the most illustrious names in England ; a circular which exactly expresses our views, with the single exception that we seek to give legislative effect to them, believing that in no other way can they be made operative. "We, the undersigned, respectfully suggest to all those who have the control of the daily Press the desirability of some combined action by which they may minimize, if they cannnot wholly suppress, the details of divorce cases and criminal trials, such as those which of late have occupied so many columns of the newspapers. "We are aware that the fear of publicity is one of the most powerful deterrents to the commission of crime, nor have we the least desire to shelter the misdeeds of offenders because of any position in society which they may occupy. "But we have a strong conviction that the necessary publicity could be secured without divulgence of details of a demoralizing character, and we have reason to fear that the full record of incidents in these cases ministers to a diseased appetite, and produces a most unwholesome effect on many minds. "We desire further to call attention to the inevitable evils which must result from thus familiarizing with vice the minds of tens of thousands of young persons of both sexes from whom, in these days, it is impossible to keep the daily newspapers. "We do not reflect for one moment on the motives of any who have considered it part of their duty to publish full reports of these trials, but we are sure that a combined effort to keep the pages of newspapers as free as possible from the stain of such impurities would be conducive to the public good. " This document was signed, among others, by the Duke of Westminster, Lord Selborne, Archdeacon Farrar, the Right Hon. W. E. Gladstone, the late Lord Iddesleigh, Professors Huxley and Tyndale, Cardinal Manning, and many others. No words of mine can add to the weight of this appeal. I leave it in the hands of the House, with the full belief that it will act rightly, and do what it can to stop one of the most deadly evils from which this country suffers. I conclude by drawing attention to the Resolution, of which I have given Notice, and which I trust the House will accept. Printed by W. J. Hutchings, Printing Works Uxbridge. IMPROMTU by the REV. JOHN MITFORD. DISCIP ALDI ANGLVS "Let your emblems, or devices be a dove or a fish or a musical lyre or a naval anchor." Ould you ſtill be fafely landed, 3 On the Aldine Anchor ride; Never yet was veſſel ſtranded With the Dolphin by its fide. Fleet is Wechel's flying courfer, A bold and bridleleſs ſteed is he ; But when winds are piping hoarſer, The Dolphin rides the ſtormy fea. 2 Stephens was a noble printer, Ofknowledge firm he fixt his Tree; But time in him made many a ſplinter As old Elzevir in thee. Whoſe name the bold Digamma hallows Knows how well his page it decks ; But black it looks as any gallows Fitted for poor authors' necks. Nor time nor envy e'er ſhall canker The ſign that is my laſting pride ; Joy, then, to the Aldine Anchor, And the Dolphin at its ſide ! To the Dolphin, as we're drinking Life, and health, and joy we ſend ; Apoet once he ſaved from ſinking, And ſtill he lives-the poet's friend.

1 281 ChiefLibrarianship of the Birmingham Free Libraries. TESTIMONIALS IN FAVOUR OF WILLIAM E. A. AXON, M.R.S.L., Late Sub-Librarian Ofthe Manchester Free Libraries.


you have spoken of my Candidature . I hope I Ament деше may try part of your besture Eestimon, Jaus very te William E.A.Ax. E.4.Axon + BirchCottage, Lees, nearManches Novr8, 1870 Revd &DearSir, th Manythanksfor your very kind vocry welcome letter. Thadthe impression that Mr Axon was a native ofManchester, Ibeing in the city yesterday Icalled atthe CampfieldLibrary, (where he issecond librarian), and asked him the. he question . He was born in said HondurasSt. , Manchester, Janz1846, ofYorkshire parents, namedWhit head. They died when he was in infancy; beingadoptr byafamily namedAcon, treated as their their son ; he to be Tas sorry informed in after life they were not hisfather &mother, ashe had always been usedto call them. Theytreatedhim as a pon, realled him such, hence he honours Faccepts their name . Duringhis 24 хи years oflife he has never Been out ofMauch: 24+ weeks, Thence, notwithstanding his Yorkshire blood, considers himselfa hue True Lan Lanky . Speaking aboutpectiny ove hav atrue poct(James Dante her, resident on the hill aboveus, ve near Hartshead pike. v.e. He is a regular contributor 4.Chambers,&c. He wasborn, at thefarm which hisfather stittholds, m Oct I am porry 1840. tohear that Edwin Waugh is suffering, from some complaintaffecting his brain, broughton by inattention tothe rules of temperance Friend Owen hasjust discovered some more Early English travery amongo thefoundationsofthe Cathedral There is also another remnant ofanother evidently cylindrical pillar, relie fartarman daNorman shuchire . There can be no doubt that at the Domesday Suver showed, S.Mary's Church stood there,hard bythe Saxon castle, twithin the moat(Hanging Ditch). S. Michael stood at Ashton- under hype, the site of itspresenter,Ames te of presentnames namesake, Idon'tbelieve the Ando-Saxonseve settled at Castle Field. Atany rate, Whitaker's church in Ackers Field(not Aca's Field as parysH. Ware must be dispensed withtfor ever. With manythanksfor your kind note Rev.CanonRamer urs very obediently John Hergen BankCottage. Barton-on - Irwell. Manchester 4 Jan 177. betroub Dear chr Enclosedis a copy. Enz have Testimonials . I ones чи come supplementary The but not jet rosued. It was ayimpression that a ay had cely already. been forwarded . Permit me to thank you for the very manner. handsome in which ! TO THE COMMITTEE OF THE BIRMINGHAM FREE LIBRARIES. GENTLEMEN, BANK COTTAGE, BARTON- ON-IRWELL, MANCHESTER, 13thJanuary, 1879. I beg to offer myself as a Candidate for the important office of Chief Librarian of the Birmingham Free Libraries. I write this letter on my thirty-third birthday. My entire working life has been passed either in library or in literary work. I entered the service of the Manchester Free Library in 1861, and remained in it until 1874. As an assistant I became acquainted with the working of the Lending Library during the busy period of the Cotton Famine. For seven years I filled the position of SubLibrarian, and, during the occasional absences of the Chief Librarian, had entire charge of the institution. My thirteen years' service made me acquainted with every phase of the working of a great town library, and familiarised me with the duties of each position in it, from the highest to the lowest. I have always taken great interest in library economy and in bibliography, and have contributed many papers bearing on these subjects to the Transactions of the Royal Society of Literature and of the Manchester Literary Club, to the Library Journal, Notes and Queries, and other publications. Since leaving the Manchester Library I have written a " Handbook to the Public Libraries of Manchester and Salford ;" have classified and catalogued the Free Library of Macclesfield, and the theological collection of the Manchester Home Missionary Board ; and given addresses on the contents of our City Library, of Chetham's Library, and of the Bolton Free Library. [ 4 ] I have had a considerable amount of experience in organisation, having acted as Honorary Secretary of the Literary Club, of the Art Museum Committee, and of the association which quite recently carried to a successful issue the movement for opening the city libraries on Sundays. I have also been for several years one of the Secretaries of the Manchester Statistical Society, and am a member of the council of the Library Association , of the English Dialect Society, and of the Manchester Literary and Philosophical Society. I may perhaps be allowed to refer to a presentation made to me in July last, by members of the Manchester Literary Club and of the Manchester Statistical Society, including the Bishop of Manchester, Sir Thomas Bazley, M.P., W. Cunliffe Brooks, M.P., Jacob Bright, M.P., David Chadwick, M.P., R. N. Philips, M.P., Edmund Potter, M.P., and many other well-known citizens of Manchester. I have the honour to submit Testimonials from Mr. Alderman Baker, Chairman of the Manchester Free Libraries Committee ; from Mr. Councillor Picton, Chairman of the Liverpool Free Library Committee ; and from Mr. Alderman Greenhalgh, Chairman of the Bolton Free Library Committee. The following gentlemen also join in recommending me as suitable for the office I seek at your hands : - CHARLES BAILEY, F.L.S. J. E. BAILEY, F.S.A. E. W. BINNEY, F.R.S. , F.G.S. E. J. BROADFIELD, Member of the Manchester School Board. DAVID CHADWICK, M.P. JAMES CROSSLEY, F.S.A. JAMES CROSTON, F.S.A. R. D. DARBISHIRE, B.A. , F.G.S. , F.S.A. W. BOYD DAWKINS, M.A., F.R.S. , F.G.S. Rev. WM. GASKELL, M.A. ABEL HEYWOOD, J.P. , Alderman and ex-Mayor. HENRY H. HOWORTH, F.S.A. WM. HUGHES, Member of the Manchester School Board. ALEXANDER IRELAND. W. STANLEY JEVONS, M.A. , LL.D., F.R.S. JAMES PRESCOTT JOULE, LL.D. , F.R.S. , F.C.S. MARK H. JUDGE, Curator of the Parkes Museum of Hygiene. GEORGE MILNER, Member of the Manchester School Board. FRANCIS W. NEWMAN, Emeritus Professor.

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[ 5 ] JAMES NIELD, President of the United Field Naturalists' Society. J. H. NODAL, President of the Manchester Literary Club. Rev. W. A. O'CONOR, B.A. JAMES PERCIVAL, President ofthe Manchester Botanists' Association. ISAAC PITMAN, the Inventor of Phonography. HARRY RAWSON, Vice- President of the Manchester Mechanics' Institution. PETER SPENCE, J.P. , F.C.S. Rev. S. ALFRED STEINTHAL. CORNELIUS WALFORD, F.S.A. , F.S.S. , F, I.A. , F.R.H.S. JOHN WATTS, Ph.D. JOSEPH WHITAKER, F.S.A. JOHN WHITEHEAD, President of the Manchester Cryptogamic Society. Should I have the honour to be elected, I shall to the full extent of my ability strive to make the Public Library serve as efficiently as possible its great objects of aiding literary and scientific investigation, and of furthering the education of the people. I remain, Yours very faithfully, WILLIAM E. A. AXON. P.S.-Whilst concluding this application, the news reaches me of the disastrous fire at the Birmingham Library. It is a loss not only to Birmingham, but to literature and to the world at large.

Teſtimonials. From CHARLES BAILEY, F.L.S. , Treasurer ofthe Manchester Literary and Philosophical Society. 85, WITHINGTON ROAD, WHALLEY RANGE, MANCHESTER, 10th January, 1879. To the Library Committee of the Town Council of Birmingham. GENTLEMEN, I have been given to understand that Mr. William E. A. Axon is a candidate for the office of Chief Librarian, and I beg respectfully to submit these few lines in strong commendation of his fitness for that position. I have known Mr. Axon for several years, and heartily testify to his extensive and accurate knowledge of ancient and modern books, to his deep interest in and complete grasp of all that pertains to the science of bibliography, to his good business abilities, to his plodding industry, to the exactitude and promptness with which any work he undertakes is completed, to the sauvity of his manners, and to his courtesy to his colleagues. His long acquaintance with the general working of public libraries, his knowledge of languages, and his experience in cataloguing give him special claims on your consideration. Should he receive the appointment at your hands, he will be an acquisition to Birmingham, but a loss to Manchester. I am, Gentlemen, Yours faithfully, CHARLES BAILEY. [ 8 ] From JOHN EGLINGTON BAILEY, F.S.A., author of the "Life of Thomas Fuller," &c. EGERTON VILLA, STRETFORD, MANCHESTER, 10th January, 1879. To the Library Committee, the Free Library, Birmingham. GENTLEMEN, It gives me pleasure to express my conviction that Mr. Axon, whom I have known for many years while he was at the Manchester Free Library and subsequently, is in all respects qualified for the position for which he is an applicant. From personal experience I can testify that he has a wide and exact knowledge of books and ofthe economics of libraries, possesses a practical acquaintance with modern languages, and has administrative abilities . His courteous communication of knowledge to students who need guidance or direction in literary studies would have a beneficial influence, as has been the case in Manchester, upon any community with which he may be connected. I am, &c. , Gentlemen, Yours truly, JOHN E. BAILEY. From THOMAS BAKER, Alderman of Manchester, and Chairman of the Public Free Libraries Committee. 28, JACKSON'S ROW, MANCHESTER, January 10th, 1879. Mr. William Axon was in the service of the Manchester Public Free Libraries Committee for thirteen years, during which time he was employed as an assistant in the lending and reference department. For seven years he was Sub-Librarian, and left in February, 1874. I regretted his leaving, which I understood to be for bettering his position. He has ever since taken great interest in the Manchester Free Libraries, and I believe him to be well qualified for the office of principal Librarian. THOMAS BAKER. [ 9 ] From EDWARD W. BINNEY, F.R.S. , F.G.S. MY DEAR SIR, 55, PETER STREET, MANCHESTṛr, 9th January, 1879. Having heard that you are a candidate for the Chief Librarianship of the Public Library of Birmingham, I have pleasure in giving my testimony of your fitness for the office. I do this from your great experience in the Free Library of Manchester, from your knowledge and enthusiastic love of books , and from your desire to extend the benefits of literature amongst working men, and your liberal ideas on the education of the great mass of the people. Wishing you success, I remain, Yours truly, EDW. W. BINNEY. From E. J. BROADFIELD, Member ofthe Manchester School Board. GENTLEMEN, ROSELEIGH, PRESTWICH, MANCHESTER, January 11th, 1879. I hear that Mr. W. E. A. Axon of this city is a candidate for the post of Librarian to the Birmingham Public Library, and though in common with all who know the value of his services to Manchester I should for many reasons regret his removal, I can have no hesitation about saying that I think he is by taste, ability, and experience, admirably qualified for the position he is now trying to secure. Mr. Axon's work at the Manchester Free Library has never been of a perfunctory kind ; he has been a student of classification as well as a student of books, and his powers of organisation have been successfully employed in connection with more than one local society . Mr. Axon, moreover, possesses no slight amount of literary skill, and I , know few men so well qualified to undertake the charge of a great library. I have the honour to be, Gentlemen, Your obedient Servant, Tothe Public Library Committee, Birmingham , E. J. BROADField, [ 10 ] DEAR SIR, From DAVID CHADWICK, M.P. 2, MOORGATE Street, London, January 10th, 1879. I am glad to learn that you are a candidate for the office of Chief Librarian to the Public Libraries in Birmingham, and I have pleasure in stating that I consider your great experience fits you in a very special manner for so important a position. I had occasion to appreciate your experience and knowledge in the assistance you were good enough to render in connection with the

  • establishment of the Macclesfield Free Library.

I am, yours truly, DAVID CHADWICK. From JAMES CROSSLEY, F.S.A., President of the Chetham, Spenser, and Record Societies ; Feoffee and Hon. Librarian of Chetham's Library, Manchester. To the Committee for selecting a Chief Librarian for the Public Library at Birmingham. GENTLEMEN, —Mr. William E. A. Axon informs me that he intends to offer himself as a candidate for the office of Chief Librarian of the Public Library at Birmingham. I have great pleasure in stating my high opinion of his capabilities for that office, having known him for many years, and having had myself a pretty long experience in libraries and librarians. As to Mr. Axon's practical knowledge of the duties of librarians and his perfect acquaintance with all the important points connected with the preparing of catalogues, the working of a public library and the general transaction of business relating to it, I need only refer to his long connection with the Manchester Free Library, and the various valuable books and essays which he has published relating to the subject. He is admitted to be an accomplished bibliographer, and he has made the department of libraries and their arrangement his study for a long period. He has a very extensive acquaintance with literature in most of its branches, and is a linguist of no ordinary acquirements. Generally, I should say that he has an activity of mind which would meet any call upon his energies, however severe it might be, with promptitude and facility. His [ 11 ] power of working is considerable, and I conceive that he would be found to possess administrative talents, so far as they are called for in the situation he solicits, of no common description . I need scarcely add that he has always maintained an unimpeachable character, and that in the requisites of temper, courtesy to all, and attention to systematic order and management, he would be found to give the greatest satisfaction. In conclusion, I venture to observe that,Should the appointment now vacant be conferred upon him, it will, I may venture to predict, prove a fortunate circumstance in the history of the Public Library of Birmingham. With the utmost respect, I remain, Gentlemen, Your obedient servant, JAMES CROSSLEY. From Councillor JAMES CROSTON, F.S.A., F.R.H.S., Member of DEAR MR. AXON, the Manchester School Board. UPTON HALL, PRESBURY, CHESHIRE, 11th Jan., 1879. I willingly comply with your request, though I feel it is unnecessary for me to do so ; you have rendered such good service to the cause of literature, and are so well known as a bibliographer, that the Birmingham Libraries Committee will hardly require testimonyfrom me. However, I may say that, as a member of the Free Public Libraries Committee in Manchester, I have had ample opportunities of judging of your special qualification . During the years you were with us you not only discharged your duties with assiduity, and in a manner that gave entire satisfaction to the Committee, but your extensive knowledge of works in the several departments of literature frequently enabled you to render service to the readers, or direct their inquiries ; and it has not unfrequently been pleasing to me to hear from men of letters of the help you had rendered them in this direction—a qualification that should be a strong recommendation for you in the post you are now seeking, and which, in my opinion, adds immensely to the value of any one intrusted with the charge of a free public library. Assuring you of my best wishes for your success, though personally I should regret your removal from Manchester, I am, dear Sir, yours very truly, JAMES CROSTON. [ 12 ] From ROBERT DUKINFIELD DARBISHIRE, B.A., F.G.S., F.S.A. 26, GEORGE STREET, MANCHESTER, 10th Jany. , 1879. DEAR MR. Axon, In reply to your note informing me of your purpose to offer yourself as a candidate for the post of Chief Librarian at the Public Library in Birmingham, I have great pleasure in saying that I think the Birmingham people should be very glad to secure your services. (It has been a great disappointment to me that another such appointment could not be offered to you here. ) I believe that you are particularly well qualified for the post you are now seeking ; by your knowledge of books, your command of several languages, and your great interest in literary work. It is scarcely likely that the Birmingham Council will have before them a candidate more suitable, —or, I feel sure, more likely to give full satisfaction if appointed, than you. I shall be glad to hear of your success. - I remain, Yours very faithfully, R. D. DARBISHIRE. From W. BOYD DAWKINS, M.A., F.R.S. , F.G.S. MY DEAR SIR, THE OWENS COLLEGE, MANCHESTER, 10th January, 1879. I have great pleasure in writing that I believe that you are eminently fitted by past experience, present knowledge, and linguistic acquirements for the office of Chief Librarian. Wishing you ever success, I am, yours truly, W. BOYD DAWKINS. From REV. WILLIAM GASKELL, M.A. MANCHESTER, PLYMOUTH GROVE, January 9th, 1879. The Committee of the Public Library of Birmingham. GENTLEMEN, Learning that Mr. W. E. A. Axon is a candidate for the office of Librarian to the Public Library of Birmingham, I venture to offer a word of recommendation on his behalf. For several years he [ 13 ] filled the post of Second Librarian to the Manchester Free Library, as I happen to know, to the entire satisfaction of the Committee under whose care it was placed. I may state that Mr. Axon has a remarkably wide acquaintance with books, and I feel confident that if he is placed in the position which he seeks he will perform his duties faithfully and well . I am, Gentlemen, yours respectfully, WILLIAM GASKELL. From JAMES GREENHALGH, J.P. , Alderman and ex-Mayor ofBolton, Chairman ofthe Bolton Public Free Library Committee. 8, ACRESFIELD, BOLTON, 10th January, 1879. To the Committee of the Birmingham Public Library. GENTLEMEN, I have much pleasure in bearing testimony to the suitability of Mr. W. E. A. Axon for the office of Chief Librarian of your Public Library. I have known him some years as the honorary secretary of the Manchester Literary Club, and at my request he, in October last, delivered a lecture in our Town Hall upon the contents of our own public library, with great satisfaction to his audience. I believe Mr. Axon will, if appointed, merit your approval. I am, Gentlemen, Your obedient servant, JAMES GREENHALGH. From ABEL HEYWOOD, J.P., Alderman and ex- Mayor ofManchester. MANCHESTER, January 11th, 1879. GENTLEMEN, I learn that the Chief Librarianship of your Borough is vacant, and that you are about to elect one to the office. Mr. W. E. A. Axon, of this city, formerly Assistant Librarian to the Manchester Corporation, but who for some time has been engaged actively in literary occupations, is about to apply as a competitor for the post. I have known him intimately for several years, and have a high opinion of his character and ability to discharge the duties required, and I take this opportunity in expressing the pleasure I feel at being enabled to support him in his application. I am, Gentlemen, very truly, ABEL HEYWOOD. [ 14 ] From HENRY H. HOWORTH, F.S.A., Author of " A History of the MY DEAR MR. Axon, Mongols." 8, ST. JAMES'S SQUARE, MANCHESTER, January 13th, 1879. Having heard that you are a candidate for the post of Chief Librarian of the Birmingham Free Library, I hasten to express my ardent hope that you may be successful. Your success will not only secure congenial occupation for yourself, but will secure for Birmingham a most efficient and accomplished librarian. In view of the disaster which has just overtaken the library, I feel that it would be a singularly fortunate thing if one so experienced as yourself, and having your bibliographical knowledge and general acquaintance with literature, could receive the post. I shall only regret that it must sever your connection with Manchester when you have done so much to advance the cause of culture. I remain, Yours very sincerely, HENRY H. HOWORTH. From WILLIAM HUGHES, Member of the Manchester School Board. CHEETWOOD, MANCHESTER, January 11th, 1879. To the Committee of the Public Library of Birmingham. GENTLEMEN, I have much pleasure in testifying that Mr. W. E. A. Axon is in my judgment exceptionally well qualified to fill the position of Chief Librarian in your institution. It is not merely that he has qualified himself for such an appointment by careful and accurate study of general literature, and by the discharge of laborious duties in connection with the public press, the Statistical and Literary Societies, and the School Board of Manchester ; but that he brings to bear in everything he undertakes a self-sacrificing enthusiasm which is indispensable for full success in the honourable position which he seeks at your hands. Respectfully yours, WM. HUGHES. [ 15 ] From ALEXANDER IRELAND. " EXAMINER AND TIMES " OFFICE, MANCHESTER, January 13th, 1879. MY DEAR SIR, Your previous experience in library management in the Manchester Free Library gives you very strong claim with regard to the vacant post at Birmingham. This experience is a matter quite apart from your very extensive and accurate bibliographical knowledge. Among all the candidates who may come forward for the situation of the Birmingham Librarianship, I should think that you ought to be placed among the two or three most qualified for such a position . My knowledge of your peculiar qualifications extends over the last fifteen years, and therefore my opinion is one based upon actual personal cognisance of your merits. Believe me, my dear Sir, Yours very truly, ALEX. IRELAND. From W. STANLEY JEVONS, M.A. , LL.D. , F.R.S., Fellow of, and Professor of Political Economy in, University College, London. 2, THE CHESTNUTS, BRANCH HILL, HAMPSTEAD, N.W. As Mr. W. E. A. Axon informs me that he is about to apply for the post of Chief Librarian of Birmingham, I have much pleasure in stating my confident opinion that he is excellently fitted for that appointment, and I beg leave to indicate the grounds of my opinion. I first became acquainted with Mr. Axon when he was elected a member, and subsequently honorary secretary, of the Manchester Statistical Society, to the transactions of which Society he has communicated several valuable papers. Since he joined the Society, the esteem in which he is held by the members has steadily grown, and has lately been evinced in a remarkable manner by a testimonial presented to him by members of that Society and the Literary Club, in recognition of his services. Not being a member of this Club, I leave others to speak of the zeal, vigour, and literary ability which he has shown in the conduct of its affairs. [ 16 ] Since my removal from Manchester, two years ago, I have had few opportunities of meeting Mr. Axon personally-excepting at the London and Oxford conferences of librarians. I then had occasion to notice the peculiar weight which was attached to his opinion by the librarians generally. The estimation in which he is held by the profession is proved by the fact that, although the conference was attended by many men of literary eminence, Mr. Axon was the only person not actually holding a public appointment as librarian who was elected a member of the Council of the Library Association. Mr. Axon's numerous writings are further evidences of his fitness . It is said, indeed, that "a librarian who reads is lost ;" and some might infer a fortiori that a librarian who writes is lost. But this only means that a person committed to one single line of study is likely to under- estimate the value of other lines of study, and thus make his library one-sided. But on looking over the list of Mr. Axon's publications it will be seen that many of them are specially occupied with branches or questions of the science of bibliography, and that all show a strong love of books. The subjects, indeed, on which he has written betoken so wide a range of interests and of cultivation that there is not the least fear of Mr. Axon being one-sided. His cultivation is just of that kind which will enable him to assist readers with timely hints to guide either their general reading or their special literary and scientific researches. This is a matter which has not always been sufficiently attended to in every library. In the British Museum men of great book knowledge and general cultivation are appointed as superintendents of the reading-rooms, in order that they may as far as possible act as the reader's " guide, philosopher, and friend. ” I feel sure that the readers of Birmingham would soon discover in Mr. Axon a guide, philosopher, and friend. If we take farther into account that he was trained to library management by so accomplished a Librarian and Catalogue Compiler (in my " Principles of Science" I ventured to characterise Mr. Crestadoro's catalogue as the most perfect model of a printed catalogue with which I was acquainted) as Mr. Crestadoro ; and if we bear in mind that he inspires all his friends with perfect confidence in his integrity, zeal for the public interests, and general excellence of intentions, it is possible to think of little or nothing more that could be said in favour of his appointment to the important office of Chief Librarian. W. STANLEY JEVONS, [ 17 ] From JAMES PRESCOTT JOULE, LL.D., F.R.S., F.C.S., President of the Literary and Philosophical Society of Manchester. DEAR SIR, 12, WARDLE RD. , SALE, MANCHESTER, Jan. 11th, 1879. I heartily wish you success in your application for the Chief Librarianship of the Public Library of Birmingham. Besides your other qualifications your literary attainments must be very valuable in the performance of the duties of that office. Yours very truly, JAMES P. JOULE, From MARK H. JUDGE, Curator of the Parkes Museum of Hygiene, and Honorary Secretary of the Sunday Society. The Parkes MUSEUM OF Hygiene, University College, GOWER- STREET, LONDON, W.C., MY DEAR SIR, January 11th, 1879. Hearing that you are about to apply for the position of Chief Librarian to the Birmingham Free Public Library, it is with much pleasure that I write to wish you success in the application. From my personal knowledge of your fitness for the post I am persuaded that in it you would be the right man in the right place. Your long connection with the Manchester Literary Club as secretary, and your everyday work in similar occupation for years, including your labours as an executive officer of the Library Association from its formation, have given you that varied experience which would be invaluable to one holding the Chief Librarianship in so important an institution as the Free Public Library of Birmingham. The fact of the Library being opened on Sundays would make the appointment more congenial to you. Trusting that you will be successful, I am, my dear sir, Yours faithfully, MARK H. JUDGE. [ 18 ] From GEORGE MILNER, Member of the Manchester School Board. MOSTON HOUSE, nr. MANCHESTER, Jan. 11th, 1879. I am asked to give a testimonial to Mr. W. E. A. Axon, in view of his application for the appointment of Librarian under the Birmingham Corporation. It appears to me that it would hardly be possible to obtain a person more exactly and completely fitted for such an office than Mr. Axon. Although he is a careful and accomplished man of letters, he is before all things a librarian, having given the greatest part of his life to the study of bibliography, as well as to a consideration of the various modes by which books are disseminated . I need only add that he has had many years of practical experience in a large public library, and that in his manner he is kindly and obliging . GEO. MILNer. From Emeritus Professor F. W. Newman. To the Curators of the Public Library, Birmingham. GENTLEMEN, I understand that the place of your Chief Librarian is vacant. I am requested to address you in favour of Mr. W. E. A. Axon, of Manchester. I hope that others who have had far closer experience of his talents than I have had will warmly commend him to you. I am persuaded that they will. But I cannot refuse to add my conviction that by taste, by talents, by energy, by enthusiasm, and by his whole past history, he is just the man whom (if the appointment lay with me) I should rejoice to secure for the place. I beg to sign myself, Respectfully yours, FRANCIS W. NEWMAN, Emeritus Professor. [ 19 ] From JAMES NIELD, President ofthe United Field Naturalists' Society. GENTLEMEN, OLDHAM, Jan. 11th, 1879. I can speak with the greatest confidence of Mr. W. E. A. Axon's fitness for the position he is seeking at your hands. His acquaintance with the literature of science is considerable, and he is well known as an anxious and untiring advocate for its diffusion amongst all classes. I am, Gentlemen, Yours truly, JAS. NIELD. From J. H. NODAL, President of the Manchester Literary Club, and Hon. Secretary ofthe English Dialect Society. MANCHESTER, Jan. 13th, 1879. It is with much pleasure that I bear testimony to Mr. W. E. A. Axon's fitness for the Chief Librarianship of the Birmingham Central Public Library. There is no department of a librarian's work which, in my opinion, Mr. Axon cannot fulfil with exceptional ability. Mr. Axon is, in truth, a born librarian and bibliographer ; and he has sedulously cultivated his natural bent and powers by both practical experience and theoretical study. He is a member of the Council of the Library Association ; the author of a Handbook to the Libraries of Manchester and Salford ; of many contributions on public libraries to the British Almanac Companion ; and of a large number of other articles and works bearing upon every phase and aspect ofthe subject. Mr. Axon is always ready to communicate his stores of bibliographical information to others, and to guide the less-informed in the ways of knowledge and of books-a most important and increasingly valuable portion of a librarian's functions. J. H. NODAL. [ 20 ] From the REV. W. A. O'CONOR, B.A. , Rector ofSt. Simon and St. Jude, Manchester. 122, UPPER BROOK STREET, MANCHESTER, Jan. II . MY DEAR MR. AXON, If I were certain that my testimonial would obtain for you the Librarianship of Birmingham, I should be sorely divided between the compulsion of truth and unwillingness to lose you from Manchester. I most honestly say that I do not think it possible that anyone can be as fit for the post you seek as yourself. I have known you for some years in connection with a variety of committees and institutions, and have ever been increasingly astonished at your indefatigable industry, your accuracy in all business matters, and your very uncommon literary skill. Your exact and comprehensive knowledge of books in all their relations places you above competitors. I am, sincerely yours, W. A. O'CONOR. From JAMES PERCIVAL, President of the Manchester Botanists' GENTLEMEN, Association. January 11th, 1879. As President of the Manchester Botanists' Association I have much pleasure in stating that Mr. Axon is well known by all our members as a gentleman well acquainted with botanical literature, and, from a natural history point of view, would be well adapted for the situation of Chief Librarian to your town. Yours truly, JAMES PERCIVAL. From Councillor J. A. PICTON, F.S.A. , J.P., Chairman ofthe Committee ofthe Liverpool Free Public Library. II, DALE STREET, LIVERPOOL, January 10th, 1879. Mr. W. E. Axon informs me that he is a candidate for the office of Chief Librarian of the Birmingham Free Public Library. From my knowledge of Mr. Axon, as a literary man well acquainted with books, I should conceive him well adapted for the situation . His character and attainments will, I think, be found every way satisfactory. J. A. PICTON. [ 21 ] From ISAAC PITMAN, the Inventor of Phonography. FONETIK INSTITUT, BATH, 11th Jan., 1879. ISAAC PITMAN to MR. W. E. A. AxON. I am glad to hear that you intend to apply for the post of Chief Librarian at the Birmingham Free Library. Your extensive acquaintance with literature, and especially with the literature of free libraries and book cataloguing, and your great facility of composition on a variety of subjects, are great points in your favor. I have much pleasure in supporting your candidature. Farewell. From HARRY RAWSON, Vice- President of the Manchester Mechanics' Institution, &c. 89, MARKET STREET, MANCHESTER, January 9th, 1879. To the Free Library Committee, Birmingham . GENTLEMEN, My friend, Mr. W. E. A. Axon, a candidate for the office of Chief Librarian under your Corporation, has asked me to supply a line of recommendation, which I readily do. I have had in years. gone by somewhat peculiar opportunities of knowing the routine of a public library, and the main duties of its principal officer. Whilst a member of the Manchester City Council, I was for some time chairman of its Library Committee. From intimate personal acquaintance I can testify to Mr. Axon's exceptional capabilities for the post he seeks at your hands. His knowledge of books is at once extensive and accurate ; and from long practice he is perfectly familiar with the varied duties of his profession . His literary attainments are very considerable, and his personal zeal in promoting popular education is an additional qualification. I respectfully commend his claims to your most favourable consideration, and remain, Gentlemen, Very truly yours, HARRY RAWSON. [ 22 ] From PETER SPENCE, J.P., F.C.S. DEAR MR AXON, ERLINGTON, NEAR MANCHESTER, 11th Jan. , 1879. I have much pleasure in stating that I consider you admirably adapted for the situation of Librarian in Birmingham, for which you are now applying. Yourformer experience in the public library in Manchester ; your cultivated and literary tastes ; your philological knowledge ; your local and general antiquarian researches, so evident in the various articles from your pen, -all point you out as specially fitted for the management of a public library ; and from several years' intimate knowledge of your antecedents I am fully convinced that you will be an acquisition to the Town Council of Birmingham, if you are accepted for the situation. I am, dear Mr. Axon, Faithfully yours, PETER SPENCE. From the REV. S. ALFRED STEINTHAL. MY DEAR MR. Axon, THE LIMES, NELSON STREET, MANCHESTER, January 11th, 1879. I have no hesitation in writing my opinion that it would be a difficult task to find a man more suitable to the post of Chief Librarian in a large library than yourself. Your bibliographical tastes and knowledge, your practical experience, all combine to make your claim on the support of those who know the important duties which fall to a librarian's lot are very weighty. Your literary works, all bearing more or less on bibliographical subjects, will, I am sure, be known to most, if not all, of the Birmingham Library Committee, and will, I feel assured, be a testimonial of far greater weight than any I can give. Although I shall be sorry that we shall lose you in Manchester, I shall for your sake be pleased if you are successful in obtaining an office for which you are so very well fitted, and in the fulfilment of the duties of which I feel sure you will satisfy the demands of the most exacting committee to the fullest. Please excuse my bad writing, but I am an invalid, and my hand will take its own way against my will . You may use this letter in any way you please. Believe me, Faithfully yours, S. ALFRED STEINTHAL. [ 23 ] From CORNELIUS WALFORD, F.S.A. , F.S.S. , F.I.A., F.R.H.S. , Author ofthe " Insurance Cyclopædia," &c. 86, BELSIZE PARK GARDENS, LONDON, N.W., 10th January, 1879. I have much pleasure in stating that I have known Mr. W. E. A. Axon, of Manchester, for several years personally, and much longer by repute, and that I regard him as possessing all the qualifications necessary for the management of a public library, while his literary skill and industry give him an acknowledged position among the literary men of the day. CORNELIUS WALFORD. From JOHN WATTS, PH.D., Member ofthe Manchester School Board. 28, STRUTT ST. , CROSS ST. , MANCHESTER, DEAR MR. AXON, 9th Fany. , 1879. I am very glad to learn that you are a candidate for the post of Librarian at the Public Library in Birmingham. Your extensive knowledge of our literature, and your careful manipulation of facts connected therewith, will make you a great acquisition to that important borough, and I shall be extremely pleased to hear of your appointment and remain, Yours very truly, JOHN WATTS. From JOSEPH WHITAKER, F.S.A., Editor of the " Bookseller," of "Whitaker's Almanack," and of the " Reference Catalogue of Current Literature." DEAR SIR, 12, WARWICK LANE, PATERNOSTER Row, LONDON, E.C. , 11th Jany. , 1879. I am glad to know that you are applying for the post of Chief Librarian at Birmingham. I know no one who could more satisfactorily fill that situation ; you have the requisite knowledge of books, and, beyond this, have a knowledge possessed by very few respecting the duties of a librarian, the management and classification, and the giving out of books. Wishing you every success, I remain, faithfully yours, J. WHITAKER. [ 24 ] From JOHN WHITEHEAD, President ofthe Manchester Cryptogamic GENTLEMEN, Society. January 11th, 1879. I have much pleasure in giving my testimony to the literary qualifications of Mr. Axon for the post of Chief Librarian for the town of Birmingham. His industry in the fields of literature is well known in Manchester. Yours truly, JOHN WHITEHEAD. A. Ireland & Co., Printers, Pall Mall, Manchester. 599 ChiefLibrarianship of the Birmingham Free Libraries. ADDITIONAL TESTIMONIALS IN FAVOUR OF WILLIAM E. A. AXON, M.R.S.L., Late Sub-Librarian Ofthe Manchester Free Libraries. TESTIMONIALS. [The following Testimonials were received too late to be forwarded with the Letter of Application.] From the Worshipful RICHARD COPLEY CHRISTIE, M.A., Chancellor ofthe Diocese ofManchester. MY DEAR SIR, 2, ST. JAMES' SQUARE, MANchester, January 14th, 1879. You tell me that you propose to offer yourself as a candidate for the Librarianship of the Birmingham Public Library. Having for more than a quarter of a century taken an active part in the management of three large libraries, and having given much attention to the question of library economy, I am not entirely without experience in such matters, and I am very glad to be able to say that I think very highly of your qualifications for the office of librarian of a public library, and that I have no doubt that if you obtain the appointment you seek, you will perform its duties usefully and efficiently. Very truly yours, RICHD. C. CHRISTIE. From SIR HENRY COLE, K.C.B. , formerly Superintendent of the South Kensington Museum. 49, WILTON PLACE, BURY NEW ROAD, Higher Broughton, Manchester, January 21st, 1879. Mr. W. E. A. Axon being a candidate for the Librarianship at Birmingham, I am able to testify to the great aid he gave in helping the Art Catalogue compiled for Schools of Art by the Science and Art Department, and to the correct views of his paper on compiling a catalogue proposed of universal printed books. HENRY COLE [ 3 ] From JOHN EDWARD FORBES, F.G.S., President ofthe Manchester Geological Society. HOOLE, CHEster, 10th January, 1879. DEAR MR. Axon, I hear the Chief Librarianship of the Birmingham Free Library is vacant. This is just the position to suit you, and your large and varied knowledge of books , general information, and literature, eminently qualify you for that appointment. I am speaking from my personal knowledge and our mutual acquaintance of some years. Yours faithfully, JOHN E. FORBES. From GEORGE JACOB HOLYOAKE, Author of " A History of Co-operation," &c. BARTHOLOMEWs, Brighton, January 15th, 1879. GENTLEMEN, Mr. W. E. A. Axon tells me he is a candidate for the office of Chief Librarian at Birmingham. I know no librarian who better understands the art of books, the mystery of catalogues ; more skilful in their custody or diffusion, or who divines more certainly what books to provide for learned or popular readers. Besides he is an accessible person of contagious information. His letter to me did not reach me in time for me to write before the 14th, and dismay and agitation at news of the frightful fire have further delayed me. Very faithfully, NEWCASTLE CHAMBERS, ESSEX STREET, TEMPLE BAR, W.C. GEO. JACOB HOLYOAKE. From Rev. A. HUME, D.C.L., LL.D., F.S.A., M.R.I.A., Hon. Canon of Chester Cathedral, Vicar of All Souls', Liverpool. ALL SOULS' (VAUXHALL) VICARAGE, LIVERPOOL, 15th January, 1879. I have known Mr. W. E. A. Axon for several years, first by repute as an able and industrious man of letters, and afterwards, personally. He is familiar with ' books, a ready writer, of good judgment, well known in his special departments of inquiry, and a man whose personal modesty and advocacy of temperance in food and drink have made him many friends . [ 4 ] Before the recent calamity, he was desirous to become Librarian of the great Public Library at Birmingham, and it appears to me that his claims on the position are now strengthened. He could afford most valuable assistance in completing, classifying, cataloguing, &c. , - departments which are much less known than the mere guardianship and management of books. I think he is unusually well qualified for the situation, and that to one of his intellectual disposition and habits of research, his duties would be a continuous labour oflove. A. HUME. From JOHN MITCHELL, J.P. , Alderman and ex- Mayor of Clitheroe. YORK HOUSE, CLITHEROE, January 17th, 1879. To the Directors of the Public Library, Birmingham . GENTLEMEN, My friend Mr. Axon is a candidate for chief office in your valuable institution. I have known him for many years as a fellowmember of the Manchester Literary Club. He is an accomplished scholar, a man of very considerable literary attainments, and an excellent man of business, and is in my opinion eminently qualified for the office he seeks. Yours faithfully, JOHN MITCHELL. From FRANCIS NICHOLSON, F.Z.S., Hon. Librarian ofthe Manchester Literary and Philosophical Society. SOCIETY'S ROOMS, GEORGE STREET, January 14th, 1879. SIR, I cannot conceive a more suitable man for the post of Chief Librarian of the Public Library of Birmingham than Mr. Axon, for he has not only had a large experience in our own Free Library here, but he has always been very closely connected with literary men and work ; and if you think fit to give him the appointment you cannot make a mistake, and he will most certainly be a loss to us in Manchester. I am, yours truly, FRANCIS NICHOLSON. [ 5 ] MY DEAR SIR, From the Rev. C. T. POYNTING, B.A. FALLOWFIELD, NEAR MANCHESTER, January 14th, 1879. Your eminent abilities and accurate and thorough knowledge, especially in the department of bibliography, are so well known by your Articles in the Academy and other papers, that I can hardly venture to say more on my own account. You kindly drew up a catalogue for the Library of the Manchester Home Missionary Board, which is in itself a sufficient proof of your extensive knowledge of books. Though the works were all limited to the one department of Theology, your classification and arrangement was thoroughly scientific in principle and yet very practicable, proving that your acquaintance with the literature of the various branches was as accurate as it was extensive. I am, Sir, • Yours very truly, CHAS. T. POYNTING. From Professor LEOPOLD SELIGMANN, of Berlin. LONDON, 29, ALFRED PLACE, BEDFORD SQUARE, W.C. , 15th January, 1879. To the Board of Electors to the Principal Librarianship ofthe Free Public Libraries in Birmingham. GENTLEMEN, -It is with great regret that I learned from the various newspaper reports the misfortune which has befallen your town through the destruction of its Free Public Libraries by fire. need hardly say that with me, every scholar, and more especially every one who makes researches in the everlasting monuments of the greatest British poet, will deeply deplore your loss, the general loss. You are just now at the point to elect a Principal Librarian in the room of Mr. J. D. Mullins, and hearing that Mr. W. E. A. Axon, Secretary of the Manchester Literary Club, is a candidate for this post, you will kindly allow me-though Mr. Axon has in no way asked me for this testimonial-to commend this gentleman to your favourable notice. [ 6 ] I have the pleasure to know Mr. Axon from the Librarians' Conferences in London and Oxford, and it is my certain belief that you will scarcely find a more able, a more industrious, and a more qualified librarian for the vacant post than Mr. Axon. He has an extensive bibliographical and a great general knowledge of languages and literatures, both ancient and modern. He understands thoroughly the management of a library in accordance with the best principles of theory and practice, and is of untiring energy in all his undertakings. With this he combines a true modesty, an amiable disposition of mind ; in short, the highest qualities of a gentleman. I will only add that I listened with the greatest pleasure to all his words during the conferences, and derived many a valuable hint from his sound learning ; so that I think his eventual appointment as principal librarian of the Free Public Libraries in Birmingham will prove one of the best consolations in your present disaster. I am, Gentlemen, Yours faithfully, LEOPOLD SELIGMANN. From NICHOLAS TRUBNER, Publisher, London. 57 AND 59, LUDGATE HILL, LONDON, E.C. , January 17th , 1879. I am informed that Mr. Axon is a candidate for the vacant Librarianship at Birmingham. As I have from the beginning of my career been interested in library matters, and have had opportunities of becoming acquainted with the working of libraries in England, France, Germany, and America, I hope that the body of gentlemen entrusted with the election of a new Librarian will not deem me impertinent for venturing to submit the following remarks for their consideration. It will be admitted that the manager of a great library should combine the talent of organisation with the power of administration . No man can, in my opinion, be a fit organiser of a library without a sound basis of scholarship, scientific training, and literary taste. He ought to be acquainted with the classical as well as modern literatures ; with the history of the art of Printing and its sister arts ; with the history of the book trade ; and should also be an adept [ 7 ] in Bibliography, inclusive of a knowledge of the principal Bibliographical systems. He ought, besides, to know something of ancient and mediæval manuscripts, be able to determine their dates, and to describe them according to the received canons. As an administrator the Librarian should be acquainted with the principal book markets of the world, and have a thorough knowledge of the extant bibliographical apparatus ; he should also possess a facility for handling catalogues. He should be a judge of binding, know something about paper, and, if possible, of typography, as auxiliary to his arranging the printing and proof reading of catalogues. And last, not least, he should be a person of tact in the dealings with the public, should be obliging, good tempered, and manly enough to exercise proper control over the subordinates. I have known Mr. Axon for many years and herewith assert, without fear of contradiction, that he answers fully the above-stated requirements, relating to the organizing part of the office. As regards his administrative talents, I leave these to the recommendation of his numerous Manchester friends, who have been able to form a judgment about them at the time when he was sub-librarian of the Manchester Free Libraries. Mr. Axon will no doubt submit a list of his publications, and it will be found that there is hardly a point of bibliotheconomy and bibliography on which he has not written with ability. I may mention that he is now preparing for my firm a " Handy Guide to Library Management, " of which I enclose the list of contents. NICHOLAS TRUBNER. In preparation. —In one volume, post 8vo. A HANDY GUIDE TO LIBRARY MANAGEMENT. By WILLIAM E. A. AXON. -It is intended to make this a thoroughly Practical Guide, answering the purposes of every Librarian, whether he be in charge of a Royal or a University, Town or Free Library. Besides numerous others, the following questions will receive a large amount of attention in Mr. Axon's book :-1. Library Buildings and Fittings-Fireproof Con- struction-Walls or Alcoves-Ladders or Galleries -Ventilation. 2. The Selection of BooksChoice of Editions-Bibliographical Curiosities -Manuscripts -Special Collections and similar Topics. 3. The Preservation of Books Stamping-Binding Press-marking. 4. The Classifi- cation of Books upon the Shelves. 5. The Cataloguing of Books, and the various methods of doing it. 6. The Service of Books in a Public Library-Registers-Indexes of Borrowers- Indicators -Rules, Fines, &c. 7. Organisation of a Library Staff and Distribution of Duties. 8. Methods for increasing the usefulness of Popular Libraries-Library Lectures-Social Recep- tions-Notes in Newspapers, and similar Methods, &c. , &c. [ 8 ] From W. S. W. VAUX, M.A., Balliol Coll., Oxford, and F.R.S.; and Secretary to the Royal Society ofLiterature and to the Royal Asiatic Society. GENTLEMEN, ROYAL ASIATIC SOCIETY, January 26th, 1879. Having heard that Mr. W. E. A. Axon is a candidate for the Librarianship of the Birmingham Free Library, I have great pleasure in stating that I have had the pleasure of an acquaintance with him now for several years, and that I have every reason to believe, from the long experience he has had of books, and of the practical working of libraries, that he would be found an able and efficient successor in the post of Librarian to the Birmingham Free Library to Mr. Mullins. Gentlemen, I have the honour to be Your obedient servant, The Managers of the Birmingham Free Library. W. S. W. VAUX. From EDWIN WAUGH, Author of " Lancashire Sketches," &c. KERSAL MOOR, NEAR MANCHESTER, 14th January, 1879. I have known Mr. Wm. E. A. Axon intimately for many years ; and I have great pleasure in bearing testimony to the excellence of his character as a man and a student. He is one of the most painstaking, indefatigable, and thoroughly trustworthy men. I ever knew. He is a man of wide and careful reading ; and I think him eminently fitted to take charge of a great library, both on account of his own liking for the work and his special study of libraries, and the modes of working them. Should he obtain the situation he now seeks, I am sure that he will do his duty conscientiously, and I feel confident that he will be able to give satisfaction to his employers. EDWIN WAUGH, A. Ireland & Co. , Printers, Pall Mall, Manchester, MAR 15 1921


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