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EDITI O N.

SOON after the publication of a former edition

of Mr. Gray's poems, in a fimilar form, the Rev. Mr. Mason the author of Elfrida, gave notice to the publisher by a particular meffenger, that he had trefpaffed upon his property, by inferting fifty lines in his volume which belonged to him, and threatened to feek legal redress in cafe fatisfaction was not made for this offence.

To this charge, fo abfurd in its nature, the publisher could hardly give credit. The practice of taking extracts from publications of all kinds is

* Mr. Mason claims, besides the above, Ode for Mufic, irregular; which were he to obtain the property of, would be a few more ftanzas in his favour. But this Ode was given to the public without fee or reward, by the author, in his life-time. And therefore it is prefumed neither law nor equity will carry it to Mr. Mafon.

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common to every bookfeller, and every author, over the kingdom; and no perfon is guilty of it in a fuperior degree to Mr. Dodfley, the bookfeller employed by Mr. Mafon.-Nay, Mr. Mason himfelf had behaved in the manner complained of, and adapted without fcruple to his quarto edition of Mr. Gray's poems, a large extract which he took from another work. It was true alfo, that the fifty lines had been printed indifcriminately by others who pretended to no exclufive property in them, that they were not written by Mr. Mason, nor bequeathed to him particularly by the author.

From every circumftance attending this matter, the ridicule of the claim fet up became ftronger. But fufpecting that a gentleman of Mr. Mafon's fenfe and good character must have jufter grounds of complaint than what appeared upon the face of his message, the publisher requested to be favoured with his addrefs, in order to have a personal conference with him upon the fubject; and at fame time assured his agent, that he meant not defignedly to invade or to injure Mr. Mafon's property: Whether his meffenger began to view the object of his miffion in too ludicrous a view, is unknown, but it is certain he refused to comply with this civil requifition,

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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, first, 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 verfes, intitled "An Ode, upon dedicating a Building, "and erecting a Statue, to Shakespeare: by Mr. Garrick." Mr. DodЛley without fcruple applied this performance to his own use, by inferting it intire in the Annual Regifter. 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. Dodfley offered any compenfation to Mr. Murray for the different piracies he has committed upon his books? Or do Mr. Mafon and his book feller affume an exclufive right to appropriate to their respective uses what portion they please of every new literary performance that comes abroad, while they profecute another person with the utmost severity of the law for taking the fame liberty? Mr. Dodfley takes deliberately every year 1000 verfes for the use of his Annual Regifter with impunity; but the printing of 50 verses inadvertently by the present publisher is converted into an heinous trespass, and becomes the ground of a rigorous legal investigation.

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prefent publisher to render legal compenfation, who was not the first 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. Mafon's pretentions. 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. Mason to specify what fum he chose to receive, as compenfation for the offence complained of.

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

Mr. Mason remained filent to his overture; which the publisher 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 transaction; nor will Mr. Mafon difpute its authenticity

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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 suffered diminution, had he been equally difpofed to treat the publisher with civility and at

tention.

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 esteemed 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 redrefs. In return for this offer, he files a bill in Chancery againft the fuppofed offender, and continues to urge his fuit, merely to load the defender with cofts; for he cannot entertain the most distant 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 juftly founded.

Let this behaviour be reconciled to honour, to morality, or (as Mr. Mason is in holy orders to the practice of piety!

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