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The publisher, however, defirous to come to an explanation concerning this matter procured Mr. Mafon's addrefs by another channel, and waited upon him.

At this conference he proved, firft, That it was the immemorial practice of booksellers to take extracts at pleasure, from new publications, and that none amongst them turned this practice to more account than Mr. Mason's bookseller *; and, fecondly, that even fuppofing the act complained of to be an offence, it was hard to fingle out the

* Mr. Becket in the year 1769 published, at the price of One or Two Shillings, a well-written and popular poem, confifting of about 300 verses, intitled "An Ode, upon dedicating a Building, "and erecting a Statue, to Shakespeare: by Mr. Garrick." Mr." Dodsley without scruple applied this performance to his own use, by inferting it intire in the Annual Register. Has Mr. DodЛley made any compenfation for this deliberate act of piracy to the proprietor? Or has Mr. Becket fought redress for the injury by a Chancery fuit? Again, has Mr. Dodsley offered any compensation to Mr. Murray for the different piracies he has committed upon his books? Or do Mr. Mafon and his book feller affume an exclusive right to appropriate to their respective uses what portion they please of every new literary performance that comes abroad, while they profecute another perfon with the utmost severity of the law for taking the fame liberty? Mr. Dodsley takes deliberately every year 1000 verses for the ufe of his Annual Regifter with impunity; but the printing of 50 verfcs inadvertently by the present publisher is converted into an heinoys trespass, and becomes the ground of a rigorous legal investigation,

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prefent publisher to render legal compenfation, who was not the firft aggreffor, as the book had been printed by others who pretended to no exclufive right in it, long before his edition became extant; nor had he ever previously heard of Mr. Mason's pretenfions. But in order to fhow how little reafon the author of Elfrida had particularly to cenfure him; without entering at all into the practice of the trade on one hand, or the claim of property on the other, he defired Mr. Mafon to fpecify what fum he chose to receive, as compenfation for the offence complained of.

The publifher never admitted Mr. Mason's legal right of property in these verses; he is indeed inftructed that he poffeffes none:-but a great deal could not be exacted for fifty lines; and the publither wifhed no gentleman of refpectable character to impute a deliberate injury to him, which he was certainly very far from intending.

Mr. Mafon remained filent to his overture; which the publifher after repeating to him as diftinctly as he could, took his leave, imagining he defired time to confider of it.

Such is the faithful account of this little tranfaction; nor will Mr. Mafon difpute its authenticity

or

or exactness. The publisher was a stranger to Mr. Gray's executor, except by reputation. He is unconscious of having failed in the respect due to him; and the value of Mr. Mafon's character would not have fuffered diminution, had he been equally difposed to treat the publisher with civility and attention.

It was hardly poffible after this equitable procedure, to expect to be troubled with an oppreffive prosecution; from any man fuch conduct would have been efteemed ungenerous; from a clergyman, whofe duty it is to fowe peace and good will amongst men, it wears not a more favourable aspect.

Mr. Mason, nevertheless, without further notice, filed a bill in Chancery against the publisher; and retained Mr. Thurloe, Mr. Wedderburn, and Mr. Dunning for his counsel *.

* Mr. Mason fends an agent profeffedly to require fatisfaction or compenfation for an infringement of property. Without entering into the merits of this claim, he is defired to prefcribe his own terms of redress. In return for this offer, he files a bill in Chancery against the fuppofed offender, and continues to urge his fuit, merely to load the defender with cofls; for he cannot entertain the most diftant idea of being awarded damages for an infringement of 50 lines of literary property, admitting (which is by no means granted) that his claim is justly founded.

Let this behaviour be reconciled to honour, to morality, or (as

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Mr. Mafon is in holy orders to the practice of piety!

Fifty

Fifty lines furely cannot be an object for a man to throw a hundred pounds, or more money, after; it leads an impartial perfon to imagine, that Mr. Mafon has a further object in view; and that, altho' he has realized already near a thousand pounds from the profits of his quarto edition of Mr. Gray's poems, he is not fatisfied, but defires to fupprefs the publifher's little volume altogether, altho' it has not hitherto paid the expences incurred in printing it, in order to retain the monopoly of Mr. Gray's pocms intirely in his own hands.

If his behaviour can be reconciled to a better principle the publisher will readily confefs it, and wishes to discover a motive lefs selfish, in order to speak of it; for altho' he difapproves of his conduct, he disclaims all animofity towards Mr. Mafon, and is forry that the prefent recital does not tend more to the credit of his character.

But Mr. Mafon means to erect a monument in Westminster Abbey to the memory of Mr Gray *, with the profits acquired by his book;-will this intention, difinterefted as it is, if true, juftify or ex

*This report is new. Perhaps it has commenced fince the date of Mr. Murray's public letter to Mr. Mafon. In any view, however, we confefs the facrifice of such emolument to be great.

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cuse his present proceeding against a man, who, so far from offending, has offered him his own terms of compenfation for an action, merely because he complained, tho' it was both legally and morally just?

In erecting a monument to the honour of Mr. Gray, let Mr. Mason be careful that he does not, by his behaviour, unthinkingly erect one of another kind for himself. Nor fhould this advice be despised because it proceeds from a perfon he but little regards truth is the fame, thro' whatever channel it runs.

After this detail, it remains to fay fomething of the present edition; and this can be comprized in a very few words. It cannot be denied that it appears under fome difadvantages; but there are advantages to compensate for these: The reader is left in full poffeffion of all Mr. Gray's valuable and beft poems; and fome articles are added which are not to be met with in any other edition of the author's works. The plates are engraved at confiderable expence from original defigns; and the frontispiece to the Fatal Sifters, a new plate, has been defigned and engraved for this edition.

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