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DUEL-Whether convictions of murder have been folely on that ground? I would be glad to give any further fatisfaction on this important queftion; at prefent I have nothing material to add. I have indeed heard that a gentleman of the name of TYRRELL was convicted in the reign of Queen ANNE of MURDER he having klled his antagonist in a duel, and that the queen pardoned him on the interceffion of the widow of the deceased; but I know not any particulars of this cafe. FOSTER, for the general principle, quotes only the cafe of Major Oneby: which might, as I have obferved, have been fo determined by the jury, indepen-, dently of the principle that killing in a duel is murder; that cafe having trong circumstances. I do not mean to say, that the general principle is not fettled: I conceive it is. But I do not recollect an inftance founded on homicide in a fet duel, of a verdict of murder turning evidently and folely on the application of that principle, which indeed is no other than that to reduce wilful homicide to manslaughter, the conflict might have been unprimeditated. It is eafy to fee whence the exception in the practice of juries with regard to duels has originated.

There was a trial in the Houfe of Lords* on the death of Mr. CHAWORTH, which is very fully reported, and terminated in an ACQUITTAL, as to the charge of MURDER, and CONVICTION of MAN-. SLAUGHTER (Xt. Tr. 529. 5 G. 3. Anno 1765.) But this, on the evidence, and in the contemplation of their lordfhips, feems not to have been the cafe of a duel or challenge; but rather of homicide on a fudden rencontre. I merely mention to fhew that it does not, as I apprehend, affect this queftion: fince had it been confidered as a fet duel, there would, I prefume, either have been no conviction or a conviction of murther; the want of deliberation being effential to manßaughter. Trofton, near Bury. CAPEL LOFFT.

To the Editor of the Monthly Magazine.

SIR,

ENTIRELY accord in opinion with your ingenious correfpondent, J. A. (No. xlii. p. 89), that Racine's defcription of the fea-monster's approach from the deep (Phedre, alt 5, fc. 6.) was, probably, imitated from fome Italian poet. It may, I think, be traced in the defcription of the conflict between Orlando and the Orca, in the eleventh canto of the In parliament.

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While we are on the fubject of poetical imitations, or coincidences, I shall tranfcribe a paffage from the Acripanda (a neglected Italian tragedy, of which a fpecimen of exquifite beauty is given in Walker's Hiftorical Memoir on Italian Tragedy), that Shakspeare feems to have had in his eye when he wrote Mercutio's lively remarks on the origin of dreams. (Romeo and Juliet, alt 1. fc. 5.)

O fallace, ch'l fogno! Udito ho dire
Che puo trovarfi piu fugace o lieve,
Da i faggi tuoi, che quai gli humori fono
Entro foverchi al noftro corpo, tale
E il fogno ancor, che da lor nafce, e viene ;
Nafcere ancora le piu fiate suole-
Dal fumo, che nel fonno il cibo manda
A l'intelletto, e fe'l vapor, ch' effala,
Fofco, o torbido fia, torbidi, e fofchi
Penfieri forma, e timor varij adduce;
E quel penfiero, che continuo, e fpeffo
Agita l'huomo con la mente il die,
Ritornar fuol fovente in fogno, e quindi
Il foldato nel fonno altrui ferisce,
Segue la fiera il cacciator dormendo,
Gode fognando l'amador la diva.

Act. 1. fc. 4.

According to Mr. Walker, the Acripanda was published fo early as 1592, (p. 112); fo that it might have met the obfervations of Shakspeare, who was, I am inclined to believe, intimately acquainted with the Italian language. In fupport of this conjecture, I could adduce abundant authorities; but I fhall, at prefent, only refer your readers to the "Hift. Memoir on Italian Tragedy,” p. 56—62; and add, that feveral of Hamlet's fevere obfervations on the female fex, feem to have been borrowed

borrowed from the 5th fatire of Ariofto; -particularly the following paffage.

Ham. "I have heard of your painting too, well enough. God has given you one face, and you make yourselves another."

Voglio, che fi contenti della faccia,
Che Dio le diede, e lafli il roflo e'l bianco
A la Signora del Signor Ghinaccia.
10th May, 1799.

Your's

To the Editor of the Monthly Magazine.

H

SIR,

R.

AVING been ftruck with a curious expreffion, in a paragraph of amorning paper* of yesterday, referring to an exhibition foon to be opened in PallMall, I feel strongly impelled by love of truth and of merit, to refift that impreffion, which it was calculated, and which it was probably intended by its writer, to effect. As the pencil of this eminent artift has been diftinguished in fo remarkable a degree for its originality and boldness, as fometimes to have been expofed to the cenfure of men of languid imaginations for its extravagance, we might be induced to conclude, that the exhibition thus announced to us as that of FUSELI'S DEVILS, was to be an exhibition of monfters; -a difplay of genius (for the idea of genius can never be torn from its affociation with that of FUSELI), burfting the control of judgment, and wildly luxuriating, in defiance of taste and truth, in the airy regions of vifion and fancy. Now, Sir, acquainted as I am with many of the paintings in question, though I am in no way connected with their author, I cannot hefitate to affirm, that a conclufion of this nature would be infinitely erroneous, and might betray the public into a prepoffeffion, which would be fatally injurious to its reputation as enlightened and difcern ing; as converfant with what is excellent in the arts of defign, and qualified to decide on the fuccefs or the failure of the artist in his highest and most ambitious exertions. Whoever, Sir, may enter the exhibition rooms of Mr. FUSELI, with the expectation of feeing moniters and phantoms, of being offended with images of outraged nature, and the wanderings of a lawless pencil, will be ftrangely affected with the spectacle which will there be prefented to him ;-a spectacle, Sir, in which will be found the SUBLIME, the BEAUTIFUL, and the PATHETIC, in an

*Morn. Herald.—“Among the feparate exhibitions in promife, are thofe of Copley's picture of the furrender of De Winter, at a pavilion in Albemarle-Street, and of FUSE11'S DEVILS in Pall-Mall.

union which has rarely, if ever, been effected by the hand of one mafter. In the paintings, which I have feen as parts of this projected exhibition, the ideas of our great Milton are embodied and given to the eye with fo much power and diftin&tnefs of imagination, fo much truth of compofition and defign, and fuch a perfect knowledge of drawing and of colouring, as really to aftonih the fpectator, and to dilate his conceptions in their attempt to embrace thofe of the rival minds of the poet and the painter. Nature, in her complete fymmetry of lines and tints, prefides over the canvafs: but it is an elevated and ideal nature, to be found only as the fprings in all her majeftic proportions from the head of genius:-it is nature, as the once appeared to the vision of an ANGELO, and came breathing and vigorous from his hand.

If we reflect, Sir, on that confcioufnefs of power, which could form fo great a defign, on that energy of mind, which, under numerous difadvantages, could perfift in it, and on that combination of talents which has been able fo fplendidly to accomplish it, we cannot refift the impulfe to admiration when we regard the artist, or restrain our warm wishes for the fuccefs of its appeal to the public tafte, when we refer to the work. Of its fuccefs, Sir, however, I cannot allow myself to doubt. When brought fully under the attention of the town, it must be contemplated as the triumph of painting in the prefent day, and as a revival of the high powers of the pencil, when it was employed on the fuperior fubjects of history, and not compelled by the mifdirected opulence of the community, to the humiliation of portrait. Of this, Sir, I am fatisfied-that the object of my reference, which must be confidered as a monument to our national glory, will live to immortalize the genius which has atchieved it; and to record to future times the fhame or the honour of that age, which, witneffing its production, could either receive it with neglect, or, acknowledging its merits, was warm in its approbation, and liberal in its reward. May 15.

LUCIUS.

To the Editor of the Monthly Magazine.
SIR,

WAS in company, the other day,

where a gentleman was lamenting the great reftraint that has of late years been laid on the liberty of the prefs in this country; adding, that political writers

were

were now only permitted to interest them- To the Editor of the Monthly Magazine. felves on one fide of a question.

Without enquiring into the justice of this gentleman's obfervation, or entering on fuch political difcuffions as they gave rife to, I will just observe, that we were brought to this conclufion, that in proportion as difficulties are thrown in the way of political difcuffion, writers fhould study prudence, and jurors fhould practice integrity.

As an enquiry into the province of jurors is, at all times of confequence to an Englishman, fo are there increafing reafons, why, in the prefent period, the fubject should be accurately understood and the office faithfully discharged. I therefore, Sir, fubmit to your confideration, and to the confideration of your readers, whether it would be ill-timed, if fome perfon, properly acquainted with this fubject, would difcufs it in a temperate but faithful manner, in the "Monthly Magazine." The hiftory and the practice of juries furnish ample materials.

This has already been ably done by Dr. TowERS, in the second volume of his

Tracts," but on a large fcale. A few thoughts, I apprehend, might be compreffed within the limits of an effay, fuitable to the character of your valuable publication, and beneficial to many of your readers. I remain, Sir, Yours, L. H.

To the Editor of the Monthly Magazine.

B

SIR,

EING engaged, and far advanced, in a general biographical account, comprehending all periods and countries, of women illuftrious for talents and virtues, in the progrefs of which a great variety of materials will be neceffary: I wifh, through the medium of your magazine, to folicit the affiftance of fuch perfons as may be poffeffed of scarce books or manufcripts, or who would have the goodness to furnish me with any hints, fuggeftions, or information, that may be ufeful to my purpofe. Books or papers entrusted to my care, through Mr. Johnfon, book feller, No. 72. St. Paul's Church Yard, or Mr. Phillips, No. 71. will be punctually returned. It may perhaps be proper to mention, that the work I have undertaken is not defigned to ferve the purpose of any fect or party, but to afford in general fuch examples to feinale youth, as may ftimulate them to the cultivation and improvement of their minds, and to, the attainment of moral excellence. May, 21, 1799:

MARY HAYES.

SIR,

THE word bitch appearing to excite a confiderable degree of curiolity among your readers, it may not be unacis ftill conftantly used in Cumberland and ceptable to mention the fenfe in which it Westmoreland. Hitch means to hop upon jump, is called bitch, ftep, and loup, (leap). one leg thus, the game hop, step, and -A man who has one leg shorter than the other, is faid to hitch in his walking, &c. &c. This probably may be the sense in which Pope ufes the word in the lines quoted by Mr. WAKEFIELD.

"A Lover of Biography," in your magazine for May, expreffes a with for the republication of" Milton's Areopagitica." That valuable tract was republished a few years ago for BLAMIRE in the Strand, and it is probable that the whole impreffion may not yet be dispofed of.

If you think either of the above worth inferting in valuable niagazine, use them as you think best.

your

Your's, with great Respect,
JAMES LOSH,

To the Editor of the Monthly Magazine

SIR,

SUCH

UCH is the facility, with which the numerical figures or ciphræ Arabicæ are applied to all arithmetical purposes, that we in these days are astonished, how people, unacquainted with them, could perform complex calculations ;and indeed we may easily conceive the tedioufnefs and prolixity the Romans and Grecians must have had to contend with in operations of this kind, if we only interrogate ourselves, how we should manage to multiply, divide, or extract the roots of numbers, by means only of the Latin numeral letters, MDCLXVI, or the correfpondent Greek ones a, b, y, d, &c. However, the method of doing these is particularly pointed out in "Eutocius, Com. Archimedes de Dimenfione Circuli, and by the venerable Bede.-Though the algorithmic notation (univerfally applicable since the invention of logarithms and decimals), is inexpreffibly fuperior to all other modes; yet the ancients gave locality to very extenfive numbers, and diftributed them in the fame manner as we do; but as they wanted a convenient way of diftributing proportionally to that diftribution, they were frequently obliged to express their numerical ideas by words

at

.

Monthly Magazine N45.

Group of the Savcoon.

Printed for R.Phillips, 71 S.Paul's Church Yard.

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