[36] _Lord Gardenston_, one of the lords of session in _Scotland_, on delivering his opinion in the court of session upon the question of literary property, in the cause of _Hinton_ and _Donaldson_ and others, all booksellers, in _July_ 1773 thus introduced the works of _Hogarth_: "There is nothing can be more similar than the work of engraving is to literary composition. I will illustrate this proposition by the works of Mr _Hogarth_, who, in my humble opinion, is the only true original artist which this age has produced in _England_. There is hardly any character of an excellent author, which is not justly applicable to his works. What composition, what variety, what sentiment, what fancy, invention, and humour, we discover in all his performances! In every one of them an entertaining history, a natural description of characters, and an excellent moral. I can read his works over and over, _Horace's_ characteristic of excellency in writing, _decies repetita placebit_; and every time I peruse them, I discover new beauties, and feel fresh entertainment: can I say more in commendation of the literary compositions of a _Butler_ or a _Swift_? There is great authority for this parallel; the legislature has considered the works of authors and engravers in the same light; they have granted the same protection to both; and it is remarkable, that the act of parliament for the protection of those who invent new engravings, or prints, is almost in the same words with the act for the protection and encouragement of literary compositions." This is taken from a 4to pamphlet, published in 1774 by _James Boswell_, esq. advocate, one of the counsel in the cause. [37] "That _Huggins_ penned the statute, I was told by Mr. _Hogarth_ himself. The determination of Lord _Hardwicke_ was thus occasioned. _Jefferys_, the printseller at the corner of _St. Martin's Lane_, had employed an artist to draw and engrave a print representing the _British_ Herring Fishery; and, having paid him for it, took an assignment of the right to the property in it accruing to the artist by the act of parliament. The proprietors of one of the magazines pirated it in a similar size, and _Jefferys_ brought his bill for an injunction, to which the defendants demurred: and, upon argument of the demurrer, the same was allowed, for the reason abovementioned, and the bill dismissed. _Hogarth_ attended the hearing; and lamented to me that he had employed _Huggins_ to draw the act, adding, that, when he first projected it, he hoped it would be such an encouragement to engraving and printselling, that printsellers would soon become as numerous as bakers' shops; which hope, notwithstanding the above check, does at this time seem to be pretty nearly gratified." _For this note my readers are indebted to Sir_ John Hawkins.