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28. At Ayr, Allan Dunn, Esq. surgeon, royal Ayrshire militia.

29. At Bank-House, Rear-Admiral Sir William Ogilvy, Bart. of Inverquharity.

At Liverpool, Margaret, third daughter of Walter Grindlay, Esq. shipowner, Borrowstoun

ness.

- At Edinburgh, Mr David Christie, of the firm of Gibson, Christie, and Wardlaw, North St Andrew's Street.

29. At Lyons, France, Mr John Honyman, merchant in London, sixth son of the late Patrick Honyman, Esq. of Græmsay.

At Dunfermline, Mr Robert Johnston. At Livilands, the Rev. James Bain, LL.D. of Livilands.

At Montrose, Mr George Beattie, writer. -At Boreham, Sussex, Col. John Carnegie, brother of the late Sir David Carnegie of Southesk, Bart.

30. At New Saughton, James Watson, Esq. of Saughton.

31. Charles Grant, Esq. one of the Directors of the East India Company.

Lately. On her passage from India, Jane, eldest daughter of James Burns, Esq. youngest son of the Ayrshire Poet.

- At Henfield, Sussex, Martha Louisa, wife of Edward Ollerenshaw, Esq. daughter of the deceased Lieut.-Colonel Francis Robson, Hon. East India Company's service, and formerly wife of the late Captain Little, 92d regiment of foot.

In Portland Place, London, the Dowager Lady Templeton.

At his seat, Willesley Hall, Derbyshire, General Sir Charles Hastings, Bart. G. C. B. late Colonel of the 12th regiment of foot, &c.

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At Grenada, in his 43d year, A. F. Webster, Esq. His corpse weighed 555 pounds, or within five pounds of 40 stone.

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At Teddington, Middlesex, Mr Sergeant Marshall. A fortnight previous to his death, he presided at the Chester Assizes.

At St Petersburgh, the Abbe Lemeny, who taught Buonaparte mathematics in the school of Brienne.

Oct. 1. At the Manse of Barrie, the Rev. David Sim, in the 70th year of his age, and 48th of his ministry.

- Eliza Ann, infant daughter of James Simpson, Esq. advocate.

General Dussaux, aged 75.

2. At his house, Charlotte Square, Colonel Robert Wright, Royal Artillery.

At Doon Foot Mill, Mr David Watt, miller, in the 68th year of his age. He was school-fellow with the celebrated Robert Burns, and was the last person baptized in Alloway Kirk.

At James's Place, Leith Links, Mrs Newbigging, wife of Mr Thomas Newbigging, winemerchant.

3. At Musselburgh, James Inglis, Esq. late of Kingston, Jamaica.

At Charlesfield, Mary, fifth daughter of Thomas Farquharson, Esq.

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At Aberdeen, Mr George Wilson, only son of the Rev. Mr Wilson, Farnel.

At Rassay House, James Macleod, Esq. of Rassay.

4. Át Auchlochan, Mrs Brown, relict of James Brown, Esq. of Auchlochan.

-At Ingestre, Staffordshire, in the 23d year of her age, Frances Charlotte, Countess of Dartmouth.

At Letham Cottage, Fifeshire, Lieut. William Duguid, of the Marines.

6. At Aberdeen, John Orrok, Esq. of Orrok. -At Crossflatts, near Linlithgow, Alexander "Learmonth, Esq. of Crossflats.

In his son's house, Great King Street, John Horne, Esq. of Stirkoke.

At Sanquhar, Mr Edward Whigham, for several years Provost of that burgh, aged 74.

At Greenock, Mr James Duncan, merchant. 8. At Mosleyhill, William Ewart, Esq. merchant, Liverppol.

At Aberdeen, John Chambers Hunter of Auchires.

At his seat, in Dorset, the Right Hon. Nathaniel Bond, one of his Majesty's Privy Council, and a Bencher of the Inner Temple.

9. At Newington, Mrs Jean Vernor, wife of James Skinner, Esq. writer in Edinburgh.

-At Mayfield, Louisa Cameron, eldest daughter of Patrick Robertson, Esq. Advocate.

At Ratho, Mrs Curtis, relict of Mr Charles Curtis, surgeon, Edinburgh.

12. Here, Mrs Douglas, relict of the late Geo. Douglas, minister of Tain.

At St Andrews, Mrs Balfour.

13. After three days' illness, at Harewoodhouse, aged 20, the Hon. Frederick Lascelles, sixth son of the Earl and Countess of Harewood.

-At his house, at Bungay, Suffolk, MajorGeneral Kelso.

16. At Oxenford Castle, Harriet, Lady Hamilton Dalrymple, wife of Lieut.-General Sir John Hamilton, Bart.

At Denboig, Fifeshire, General Nesbit Balfour, Colonel of the 39th Foot.

17. At Craigie Manse, James, eldest son of the Rev. Dr Stirling.

- At Warriston Crescent, Edinburgh, John Mitchell, Esq. late Consul-General in Norway.

At Glasgow, in the 80th year of his age, the Rev. Alex. Jamieson, of the Scottish Episcopal Chapel.

18. At Gifford, East Lothian, Mr James Martin Wright, late Commander of the ship Cornwall, of Liverpool.

At Parkhill, near Dalry, Ayrshire, Miss Sarah Hamilton, daughter of the late William Hamilton, Esq. of Craighlaw.

-At Dundee, Mrs Guild, relict of John Guild, Esq. merchant there, aged 77 years.

At Candia, Stirlingshire, in the 74th year of his age, Matthew Ross, Esq. Dean of the Faculty of Advocates.

19. At Glasgow, Eneas Morrison, Esq.

20. At Seatown, near Arbroath, Thomas Renny Strachan, Esq. of Tarrie.

-At Callander, John Campbell Macfarlane, son to Captain Macfarlane, half-pay 91st Regt.

21. The Earl of Bridgewater, in the 71st year of his age. He gave employment to every labourer in his neighbourhood who was disposed to work; and thus dispensed charity with an unsparing hand, in the best of all modes of administering it, by promoting industry. For the employment and improvement of the poor and parish of Ashridge, Herts, he left 60001. per annum for ever.

- In Nicolson Street, Edinburgh, Mrs Brotherston, aged 66.

Lately, At Bath, Jamaica, Alex. Mill, Esq. of Castle Gordon.

At Cork, Peter Kelly, Esq. M. D. surgeon, R. N. Oculist to the Cork Eye Dispensary, and late physician to the Fever Hospital, New Market, county of Cork.

-At Priory Cottage, St Andrews, Charles Macarthy Moodie, the infant son of Lieut.-Colonel Robert Moodie.

Printed by James Ballantyne and Co. Edinburgh.

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WILLIAM BLACKWOOD, NO. 17, PRINCE'S STREET, EDINBURGH;
AND T. CADELL, STRAND, LONDON;

To whom Communications (post paid) may be addressed.

SOLD ALSO BY ALL THE BOOKSELLERS OF THE UNITED KINGDOM.

JAMES BALLANTYNE & CO. PRINTERS, EDINBURGH. •

Speedily will be Published,

BY WILLIAM BLACKWOOD, EDINBURGH, AND T. CADELL, LONDON,

I.

KATHARINE WALD.

II.

THE DEVIL'S ELIXIR.

III.

THE FORESTERS.

The Binder is requested to place the Contents of the different Numbers immediately after the Title-Page to the Volume.

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In this Magazine a great deal has already been said, touching the attacks to which the Chancellor has been subjected in consequence of the procedure adopted by him in regard to certain recent works of a supposed immoral and libellous tendency. So far as the general sense and reason of the matter were concerned, we believe the remarks (of Mr Tickler) on the article in the Edinburgh Review for May last, were accepted as sufficiently conclusive. The writer of those remarks, however, excused himself from pursuing the case into many of its more technical minutiæ, on the ground of his want of skill in the actual authorities of the English courts. An English lawyer of very competent talent and acquirement has stepped forth to fill up the blank thus left; and while it cannot but excite some surprize to find how closely Mr T's views, derived from the exercise of common sense, are identified with those to which this author's professional studies have led, and which the expressed results of those studies

establish on an immoveable and unquestionable foundation, a lesson of some importance is at the same time given to all those who have with less modesty, less sagacity, and at least as little positive knowledge as our friend

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set themselves to the consideration of this very delicate matter-and more especially to the author of the abovementioned article in the Edinburgh Review, (Mr Henry Brougham ?) As pamphlets never circulate," we may do a service to this new author by quoting from his production some of those passages, which we think more particularly entitled to the praise of distinct and conclusive argument, embodied in clear and temperate language. We shall suppose our reader to have the Edinburgh Reviewer's article, and that of Mr T. before him on his table, and proceed at once to what, if these writings have been understood, can require no farther preface here.

And first-see how triumphantly our friend's argument, in column second of page 214 of this Magazine for August last, is established by this English lawyer at the very outset of his Tract.

"The first remedy which the proprietor of a work has, against one who pirates it, is by action at law; a remedy which is not, as the reviewer supposes, without its use, such actions being, in fact, often brought. It is, however, in many cases extremely imperfect. The Court of Chancery has therefore assumed jurisdiction, to lend its more extensive powers to the

* Observations on the Practice of the Court of Chancery, in cases relating to Libellous and Immoral Publications; with Remarks on an Article in the Edinburgh Review for May, 1823. London: Joseph Butterworth and Son, 43, Fleet-Street. 1823.

See also Tickler's Letter on the Edinburgh Review in Blackwood, No. LXXIX., and his Letter on the Quarterly Review in No. LIII. (July, 1822.)

VOL. XIV.

4 K

protection of the right which the law has given, by issuing an injunction to restrain the publication. This is one of those instances in which the Court of Chancery interferes, not upon any of the peculiar doctrines of equity, but for the purpose of giving effect to a legal right; upon the ground that such a right exists, but that the law does not furnish it with an adequate remedy. Hence the party calling for the exercise of this branch of jurisdiction in his favour, must first prove the existence of the legal right, for which he desires protection. If he fail in this proof, the Court cannot act; if the proof be defective, he must supply what is wanting; if in attempting to establish his right, he only makes out a case involved in doubt, he must clear away those doubts before he can entitle himself to relief. Now there can be no copyright in a work of pernicious tendency; the author or publisher cannot maintain an action upon it. If, therefore, the work is found to be of this description, an injunction cannot be granted; if, upon inspection, it does not appear clear that its character is innocent, it follows that it is doubtful whether the author or publisher has any legal right; and while this continues doubtful, the Court of Chancery will not interfere in his favour; it will not give him the benefit of the right which he claims, until it is shewn that he possesses it.

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"This principle, familiarly expressed by saying that a man shall not take advantage of his own wrong, or that one who seeks relief must come into Court with clean hands, is most commonly exemplified in cases arising out of contracts, the subject-matter of which is illegal or immoral; it holds equally with regard to a claim founded upon the publication of a libel, or upon any other breach of the law. The law which forbids the act cannot consistently recognize it as conferring any civil right; and it wisely judges that as it can only prevent crime by visiting it with punishment, and by taking away temptation, one of the most effective modes of keeping men within the line of duty, is to prevent them from reaping the advantages which they expect to derive from their offences. It therefore refuses to execute agreements that are prohibited; and declines to assist an author in the perception of the 'unhallowed profits' which he promised himself, from libelling his neighbour, or from disseminating immorality or sedition. If it

cannot crush the trade of those who speculate in vice and crime, it divests it of its chief attractions, by rendering it hazardous and unprofitable.

"It is true, that in the consideration of cases of this sort, the mind may be embarrassed, by seeing that the defendant, himself one of the offending parties, is permitted to urge a defence founded on his own misdeeds, and to exonerate himself from one charge, by shewing that he is liable to another. The reviewer has adopted this objection, talks of the defendant being estopped from this line of argument, and alludes to the maxim, that a man shall not take advantage of his own wrong, as if he supposed it to forbid such a defence. (1) But nothing can be a more complete perversion of this maxim, than to apply it to one who insists upon the criminality of the act, not as conferring any right upon himself, but as TAKING AWAY THE RIGHT OF THE COMPLAINING PARTY. When the courts refuse to relieve the plaintiff on the ground of the impure origin of his alleged right, it is not out of any favour to the defendant; it is not because he has ANY right, but because the plaintiff has NONE. When the plaintiff's title is found defective, the action necessarily falls to the ground. No farther inquiry as to either party is called for. It is not necessary to enter upon an investigation of the different gradations of their guilt. Whatever the conduct of the defendant may have been, if the plaintiff has no right to complain of it as an injury to him, a Court which has only cognizance of civil injuries must stay its hand. Both parties may be liable in another court, and in another form of proceeding, to the punishment due to the offence of which they are jointly guilty; but if it appear that the defendant, however criminal, has done no wrong towards the plaintiff, that the plaintiff had no right to be invaded, and no property to be injured, the only question which the Court is then competent to consider is disposed of. It matters not, therefore, whether the objection is raised by the Court or by the defendant himself. From whatever quarter it comes, when it is made apparent, it must prevail. The defendant is of course to exercise his own discretion in his defence, and though he cannot be compelled to criminate himself, yet there is no law to prevent him from taking whatever liberties he pleases with his own character. The probability is, that he does himself no injustice; and if he be indifferent to

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