ciety prosecuted Mr. Robertson, the
publisher of the paper, for damages; and the first judgement of the
whole Court very wisely dismissed the action: _Solventur risu tabulae,
tu missus abibis_[418]. But a new trial or review was granted upon a
petition, according to the forms in Scotland. This petition I was
engaged to answer, and Dr. Johnson with great alacrity furnished me this
evening with what follows:--

'All injury is either of the person, the fortune, or the fame. Now it is
a certain thing, it is proverbially known, that _a jest breaks no
bones_. They never have gained half-a-crown less in the whole profession
since this mischievous paragraph has appeared; and, as to their
reputation, What is their reputation but an instrument of getting money?
If, therefore, they have lost no money, the question upon reputation
may be answered by a very old position,--_De minimis non curat Praetor_.

'Whether there was, or was not, an _animus injuriandi_, is not worth
inquiring, if no _injuria_ can be proved. But the truth is, there was no
_animus injuriandi_. It was only an _animus irritandi[419]_, which,
happening to be exercised upon a _genus irritabile_, produced unexpected
violence of resentment. Their irritability arose only from an opinion of
their own importance, and their delight in their new exaltation. What
might have been borne by a _Procurator_ could not be borne by a
_Solicitor_. Your Lordships well know, that _honores mutant mores_.
Titles and dignities play strongly on the fancy. As a madman is apt to
think himself grown suddenly great, so he that grows suddenly great is
apt to borrow a little from the madman. To co-operate with their
resentment would be to promote their phrenzy; nor is it possible to
guess to what they might proceed, if to the new title of Solicitor,
should be added the elation of victory and triumph.

'We consider your Lordships as the protectors of our rights, and the
guardians of our virtues; but believe it not included in your high
office, that you should flatter our vices, or solace our vanity: and, as
vanity only dictates this prosecution, it is humbly hoped your Lordships
will dismiss it.

'If every attempt, however light or ludicrous, to lessen another's
reputation, is to be punished by a judicial sentence, what punishment
can be sufficiently severe for him who attempts to diminish the
reputation of the Supreme Court of Justice, by reclaiming upon a cause
already determined, without