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THE literary public have paid great attention and felt unusual interest in the appeal taken by Mr. Thomas Nicholas against the injunction granted by Vice-Chancellor James restraining the publication of the former's work, "The Pedigree of the English People." Mr. Luke Owen Pike obtained the injunction upon the ground that this work was a piracy of his "English and their Origin; a Prologue to Authentic English History." In a former letter I gave at length the respective allegations of plaintiff and defendant. I need, therefore, do no more to day then report the judgments delivered by the court. Mr. Nicholas and Mr. Pike both appeared in person to urge their several rights. The Lord Chancellor thought that the divisions of the subject which the plaintiff complained had been borrowed from his book were sketched out in the essay submitted for competition by the defendant, and that it appeared from the note B. that he had at that time arrived at the principle of the division. That the defendant had cited in the published volume one author after another which the plaintiff had previously cited proved nothing, for persons treating of the same subject would probably cite the same authorities, especially considering that practically all the same passages were to be found in Dr. Pritchard's work to which both had had recourse. It was very possible that the defendant might have been led to look more minutely into Pritchard than he would have otherwise done in consequence of the plaintiff's example, but if he really did examine Pritchard for himself this would not constitute piracy. This, then, would dispose of much which had impressed the vicechancellor. In three cases, however, I think the defendant was indebted directly to the plaintiff. One was a quotation from Retzius, another related to the use to be made of the population abstracts to show whence the population of London is derived, and the third was an argument respecting the authority of Gildas. These cases of plagiarism, however, were not sufficient to support an injunction. On the whole I think the vice-chancellor had not allowed enough importance to the circumstance that the defendant and plaintiff had necessarily a common plan and authorities. The auswer, therefore, to the vice-chancellor's question to the defendant: "If you did not get these materials from the plaintiff, whence did you get them?" might fairly be: "I got them from a common source with him." But though the injunction could not be sustained, it was the defendant's fault that the plaintiff had been put to a vast amount of needless labor in making out his case. If the defendant had originally frankly acknowledged his obligations to the plaintiff for putting him on the right track in reference to various points in his essay, no one could have blamed him for piracy in respect of the points of resemblance. His answer, which denied any debt to the plaintiff, was calculated to mislead him. It was clear to the plaintiff that the defendant was indebted to him in the three cases already referred to, and the plaintiff was, therefore, properly entitled to regard him as a person who was not to be trusted in regard to any assertion. The bill would, therefore, be simply dismissed without cost. Lord Justice Giffard said: The plaintiff had undertaken a more formidable course than had ever been pursued in any previous copyright case, seeing that both he and the defendant started with the view of going over one common field, and with the object of arriving at one common conclusion. Most of the platform divisions had been taken from Dr. Pritchard's work, and they were, therefore, both necessarily in the same groove. Accordingly, there would naturally be a use to some extent of the same materials. I can find only two cases— namely, the reference to Gildas, and the population of London-in which the defendant had directly taken from the plaintiff. Considering that the defendant had certainly spent labor on the manuscript and had pursued a certain amount of research, the amount borrowed was not sufficient ground for an injunction. On the other hand, there were assertions in the defendant's answer which were not ingenuous, and which were even in some respects wholly untrue. I am rejoiced that the court is able to mark its reprobation of such conduct by not giving the defendant, though successful, his costs. I trust this will be a lesson to the defendant to act in future more frankly. I think this not only an extraordinary, but an iniquitous decision. Allow me to express such an opinion, although no one has respect for the decision of English courts in higher degree JAN. 15, 1870. Mr. than I have. Recall the gravamen of Mr. Pike's it are three notes of Pennsylvania printed by B. charges against Mr. Nicholas, and which must Franklin. necessarily in the mind of every man familiar with An interesting discovery has been made by Mr. literary composition carry conviction (being unre- T. Wright, while examining the manuscripts of butted) that Mr. Nicholas was guilty of wholesale Archbishop Parker's library in Corpus Christi plagiarism. Mr. Pike charged Mr. Nicholas with College, Cambridge. It is an alphabetical vocabubeing unable to show a single note or memoran-lary in Latin and Anglo-Saxon, written in characdum-the rough materials of his work. Mr. Nicho- ters nearly resembling uncial characters. las confessed the accusation to be true or at least Wright thinks it was written in the eighth century, did not deny it. Mr. Pike challenged Mr. Nicholas which would make it one of the oldest vocabularies to declare where he had consulted several authori- of the sort in any kindred language. Mr. Joseph ties which he had referred to in his book (authori- Mayer, of Liverpool, has with English generosity ties not to be found in the British Museum). Mr. undertaken to bear the expense of printing early Nicholas could not tell where he had seen the Anglo-Saxon and English vocabularies which Mr. authorities. This long-contested case leaves the Wright is preparing for the press. His new disquestion, What constitutes plagiarisın? more unset-covery will appear in this volume. tled than ever, or rather declares there is no such thing as plagiarism. You will not be surprised to hear the book-makers of London are delighted by the judgment. These are the prices fetched by some of the books belonging to the late Rev. Dr. Todd's library. O'Connor's Scriptores Hiberniæ brought $180 (the highest price ever paid for the work in Dublin); Fleming's Collectanea Sacra, $300 (the highest price this work ever ever fetched anywhere); Ware's Works (doubled in volume of Dr. Todd's notes) $2250 (purchased by the Dublin University); the Ritual of St. Patrick's Cathedral dated 1352, $367; the Book of Lismore, $217; the Book of Clonmacnoise, $157. Dr. Todd had most of his manuscript copied by thorough Celtic scholars from unique manuscripts in the great libraries of England, Belgium, and Ireland. "Housemaid's knee" (a swelling of the knee caused by this class of servants kneeling to scrub and perform other domestic duties) is now called by the London surgeons "ritualistic knee," as a sly hit at the high churchmen who are always making genuflections. I mention this, for the benefit of your lexicographers and medical students. I find this advertisement in the newspapers: "A new church for freethinkers, poets, and men of letters. Address Hon. Sec., 481 Oxford St., opposite Mudie's. The Society's Periodicals, with Prospectuses, may be had, price 6d." The "Athenæum" asks what has become of the edition of Lord Byron's "Hours of Idleness" which belonged to his mother. It seems she had the book interleaved with pages on which she pasted all the criticisms made upon the poems, and with blank leaves on which she wrote her own remarks (which are said to have been very clever) on the author, the poems, and the reviewers. The" Athenæum" might have added another inquiry, just made, I believe, by Charles Butler, and which is now as important as ever, since a new inquiry is instituted into the authorship of Junius. Junius ordered Woodfall to send him two copies of his letters printed on excellent paper and bound as he diWhere are these two copies? Their history would reveal the authorship of Junius. I think this correspondence conveys a moral which entitles it to a place in these columns : Messrs. Blackwood & Sons are preparing for publication in monthly volumes "Ancient Classics for English Readers," edited by the Rev. W. Lucas Collins. I do not quite comprehend the method which is to be pursued by the editor; as well as I can gather his plan is to present a translation with notes explaining every allusion of the author. I should think such a series of works at the present time doomed before birth to failure. Mr. Lawrence B Phillips is at work on a Dictionary of Biogra-rected. phical Reference, which will contain some 40,000 names; the most valuable portion of it will be a bibliography at the end of each article indicating the works which contain the life of the subjects. Garibaldi's "Rome in the XIX. Century" has been translated into English by "Mrs. Colonel Chambers, an American lady," and is now in press. Hard work in behalf of ladies over 17 is done by the professors of the Ladies' Physical and Chemical Lecture-rooms of University College and the London Ladies' Educational Association at St. George's Hall. The novelty of these lectures is that the professors receive, revise, and return all compositions submitted to them by their pupils, and answer all written inquiries (provided they treat of the subject studied) addressed them. It may be interesting to mention that chemistry (which is such a favorite study with boys and young men) has enlisted so few votaries, the professor has abandoned the system of lectures and made the class a laboratory class, in which the students learn chemistry practically. Has cooking fallen into such a disrepute that modern ladies no longer feel their mothers' love for it? This omen, if it be read aright, bodes ill for husbands' happi ་ "Sir. A tidy little book, recently published by Messrs. Cassell & Co., bears upon its cover in prominent gilt letters the title 'Tyndall's Natural Philosophy,' and I am informed that an ably conducted scientific journal, under the impression that the book is a product of this year of grace 1869, has congratulated the Messrs. Cassell on the wisdom they have shown in selecting its author. The impression just referred to is general, and it is natural, for neither upon the cover nor upon the titlepage is there a word or date to inform the public that the book, so far as I am related to it, is a reprint of some short articles written fourteen or fifteen years ago for Hughes's Book of Lessons,' and published in that book side by side with contribut ons from various other scientific men. the words as far as I am related to it,' because the essays on Light' and on Heat and Chemical Power,' with which the volume ends, are not mine, though I am at the present moment reaping unmerited credit for them. They are from the pen of Mr. Robert Hunt, and bear in a very subdued form their author's name. It is by no means my wish to inThe American Bank Note Company have given jure the sale of this little volume, which I hold to the British Museum a collection of specimens illus-be cheap at its price; but it is right that the pubtrating the art of bank-note engraving in the lic who purchase it should know its real genesis, United States. The large volume which contains and that the articles here bound together, and the collection exhibits bank-notes, or perhaps I which I tried to render good in their way, could should rather say bills of credit, as old as 1756. In never stand, and were never intended to stand, as ness. 6 I use |