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diff --git a/25281.txt b/25281.txt new file mode 100644 index 0000000..edee5ec --- /dev/null +++ b/25281.txt @@ -0,0 +1,2135 @@ +Project Gutenberg's Briefless Ballads and Legal Lyrics, by James Williams + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Briefless Ballads and Legal Lyrics + Second Series + +Author: James Williams + +Release Date: May 2, 2008 [EBook #25281] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK BRIEFLESS BALLADS AND LEGAL LYRICS *** + + + + +Produced by Bryan Ness, Stephen Blundell and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from images generously made available +by The Internet Archive/American Libraries.) + + + + + + + + + +BRIEFLESS BALLADS + + + + +BY THE SAME AUTHOR + + + SIMPLE STORIES OF LONDON + VERSES SUITABLE FOR RECITATION + _Crown 8vo, cloth, price 1s. 6d._ + + + ETHANDUNE + AND OTHER POEMS + _Crown 8vo, cloth, price 2s. 6d._ + + + + + BRIEFLESS BALLADS + AND + LEGAL LYRICS + + SECOND SERIES + + + BY JAMES WILLIAMS + + + "You will think a lawyer has as little business with + poetry as he has with justice. Perhaps so. I have been + too partial to both." + --THOMAS LOVE PEACOCK, in _Melincourt_ + + + LONDON + ADAM AND CHARLES BLACK + 1895 + + + + +[_All Rights Reserved_] + + +Transcriber's Note: + + Hyphenation has been standardised. Minor typographical errors have + been corrected without note. The oe ligature is represented by [oe]. + + + + +CONTENTS + + +(The First Series was published anonymously in 1881, and is now out of +print. Some of the following pieces have already appeared in +periodicals.) + + PAGE + JUSTINIAN AT WINDERMERE 9 + A VISION OF LEGAL SHADOWS 15 + THE SQUIRE'S DAUGHTER 21 + HER LETTER IN CHAMBERS 25 + LAW AND POETRY 27 + SOMEWHERE 30 + ROMAN LAW 34 + BOLOGNA 36 + A GARDEN PARTY IN THE TEMPLE 37 + THE SPINNING-HOUSE OF THE FUTURE 41 + HOW WE FOUND OUR VERDICT 44 + A GREEK LIBEL 47 + LE TEMPS PASSE 50 + LAWN TENNIS IN THE TEMPLE GARDENS 52 + A BALLADE OF LOST LAW 53 + COM[OE]DIA JURIS 56 + + CASES-- + MYLWARD _v._ WELDON 59 + HAMPDEN _v._ WALSH 61 + WILLIS _v._ THE BISHOP OF OXFORD 62 + DASHWOOD _v._ JERMYN 66 + _EX PARTE_ JONES 70 + FINLAY _v._ CHIRNEY 71 + POLLARD _v._ PHOTOGRAPHIC COMPANY 71 + THE MINNEAPOLIS CASE 73 + COMMONWEALTH _v._ MARZYNSKI 77 + + TRANSLATIONS-- + GREEK ANTHOLOGY 81 + MARTIAL 89 + CINO DA PISTOIA 92 + PEDRO LOPEZ DE AYALA 94 + PIRON 94 + + + + + _Interioris amat Templi jam Pegasus aulas + Pieria in Medio plenior unda ruit._ + + + + +Justinian at Windermere + + + We took a hundredweight of books + To Windermere between us, + Our dons had blessed our studious looks, + Had they by chance but seen us. + + Maine, Blackstone, Sandars, all were there, + And Hallam's _Middle Ages_, + And Austin with his style so rare, + And Poste's enticing pages. + + We started well: the little inn + Was deadly dull and quiet, + As dull as Mrs. Wood's _East Lynne_, + Or as the verse of Wyatt. + + Without distraction thus we read + From nine until eleven, + Then rowed and sailed until we fed + On potted char at seven. + + Two hours of work! We could devote + Next day to recreation, + Much illness springs, so doctors note, + From lack of relaxation. + + Let him read law on summer days, + Who has a soul that grovels; + Better one tale of Thackeray's + Than all Justinian's novels. + + At noon we went upon the lake, + We could not stand the slowness + Of our lone inn, so dined on steak + (They _called_ it steak) at Bowness. + + We wrestled with the steak, when lo! + Rose Jack in such a hurry, + He saw a girl he used to know + In Suffolk or in Surrey. + + What matter which? to think that she + Should lure him from his duty! + For Jack, I knew, would always be + A very slave to beauty. + + And so it proved, alas! for Jack + Grew taciturn and thinner, + Was out all day alone, and back + Too often late for dinner. + + What could I do? His walks and rows + All led to one conclusion; + I could not read; our work, heaven knows, + Was nothing but confusion. + + Like Jack I went about alone, + Saw Wordsworth's writing-table, + And made the higher by a stone + The "man" upon Great Gable. + + At last there came a sudden pause + To all his wanderings _solus_, + He learned what writers on the laws + Of Rome had meant by _dolus_. + + The Suffolk (was it Surrey?) flirt + Without a pang threw over + Poor Jack and all his works like dirt, + And caught a richer lover. + + We read one morning more to say + We had not been quite idle, + And then to end the arduous day + Enjoyed a swim in Rydal. + + Next day the hundredweight of books + Was packed once more in cases, + We left the lakes and hills and brooks + And southward turned our faces. + + Three months, and then the Oxford Schools; + Our unbelieving college + Saw better than ourselves what fools + Pretend sometimes to knowledge. + + Curst questions! Jack did only one, + He gave as his opinion + That of the Roman jurists none + Had lived before Justinian. + + I answered two, but all I did + Was lacking in discretion, + I reckoned guardianship amid + The _vitia_ of possession. + + My second shot was wider still, + I held that _commodata_ + Could not attest a praetor's will + Because of _culpa lata_. + + We waited fruitlessly that night, + There came no blue _testamur_,[A] + Nor was Jack's heavy heart made light + By that sweet word _Amamur_. + +[A] Since the above was written, the _testamur_, like many other +institutions dear to the old order of Oxford men, has been superseded. + + + + +A Vision of Legal Shadows + + + A case at chambers left for my opinion + Had taxed my brain until the noon of night, + I read old law, and loathed the long dominion + Of fiction over right. + + I had consulted Coke and Cruise and Chitty, + The works where ancient learning reigns supreme, + Until exhausted nature, moved with pity, + Sent me a bookman's dream. + + Six figures, all gigantic as Gargantua, + Floated before my eyes, and all the six + Were shades like those that once the bard of Mantua + Saw by the shore of Styx. + + The first was one with countenance imperious, + His toga dim with centuries of dust; + "My name," quoth he, "is Aulus and Agerius,[B] + My voice is hoarse with rust. + + "Yet once I played my part in law proceedings, + And writers wrote of one they never saw, + I gave their point to formulae and pleadings, + I lived but in the law." + + The second had a countenance perfidious; + What wonder? Praetors launched their formulae + In vain against Numerius Negidius, + And not a whit cared he. + + With voice of high contempt he greeted Aulus; + "In interdicts thou wast mine enemy, + Once passed no day that students did not call us + As parties, me and thee. + + "On paper I was plaintiff or defendant, + On paper thou wast evermore the same; + We lived apart, a life that was transcendant, + For it was but a name. + + "I hate thee, Aulus, hate thee," low he muttered, + "It was by thee that I was always tricked, + My unsubstantial bread I ate unbuttered + In dread of interdict. + + "And yet 'twas but the sentiment I hated: + Like thee I ne'er was drunk e'en _vi_ or _clam_,[C] + With wine that was no wine my thirst was sated. + Like thee I was a sham." + + Two country hinds in 'broidered smocks next followed, + Each trundled him a cart-wheel by the spokes, + Oblivion now their names hath well-nigh swallowed, + For they were Stiles and Nokes. + + They spake no word, for speech to them was grievous, + With bovine eyes they supplicated me; + "We wot not what ye will, but prithee leave us, + Unlettered folk are we." + + "Go," said I, "simple ones, and break your fallows, + Crush autumn apples in the cider press, + Law, gaffer Stiles, thy humble name still hallows, + Contracted to J. S." + + Another pair of later time succeeded, + With buckles on their shoes and silken hose, + A garb that told it was to them who heeded + John Doe's and Richard Roe's. + + "Ah me! I was a casual ejector,[D] + In the brave days of old," I heard one say; + "I knew Elizabeth, the Lord Protector + I spake with yesterday." + + To whom in contradiction snarled the other, + "There was no living blood our veins to fill. + Both you and I were nought but shadows, brother, + And we are shadows still." + + Room for a lady, room, as at Megiddo + The hosts made way for passage of the king, + For from the darkness crept there forth a widow + In weeds and wedding ring. + + "I am the widow, I, whereof the singers + Of Scotland sang, their cruel words so smote + My tender heart, that ofttimes itched my fingers + To take them by the throat. + + "He scoffed at me, dour bachelor of Glasgow,[E] + If I existed not for him, the knave, + 'Twas all his fault who let some bonnie lass go + Unwedded to her grave." + +[B] Aulus Agerius and Numerius Negidius are names continually occurring +in the Roman institutional writers as typical names of parties to legal +process, corresponding very much to the John Stiles and John Nokes of +the older English law-books, and the Amr and Zaid of Mohammedan law. +John Stiles was frequently contracted to J. S. + +[C] _Vi_ and _clam_ were part of the form of the interdict, which was a +mode of procedure by which the praetor settled the right of possession of +landed property. + +[D] The casual ejector was John Doe, who was, like Richard Roe, an +entirely imaginary person, of much importance in the old action of +ejectment abolished in 1852. + +[E] The allusion is to the "Advocates' Widows Fund," subscribed to by +all members of the Scottish bar, married or unmarried. The non-existent +widow of the unmarried advocate has been a frequent subject of legal +verse. See "The Bachelor's Dream," by John Rankine, (_Journal of +Jurisprudence_, vol. xxii. p. 155), "My Widow," by David Crichton (_id._ +vol. xxiv. p. 51). + + + + +The Squire's Daughter + + + We crawled about the nursery + In tenderest years in tether, + At six we waded in the sea + And caught our colds together. + + At ten we practised playing at + A kind of heathen cricket, + A croquet mallet was the bat, + The Squire's old hat the wicket. + + At twelve, the cricket waxing slow, + With home-made bow and arrow + We took to shooting--once I know + I all but hit a sparrow. + + She took birds' nests from easy trees, + I climbed the oaks and ashes, + 'Twas deadly work for hands and knees, + Deplorable for sashes. + + At hide and seek one summer day + We played in merry laughter, + 'Twas then she hid her heart away, + I never found it after. + + So time slipped by until my call, + For out of the professions + I chose the Bar as best of all, + And joined the Loamshire Sessions. + + The reason for it was that there + Her father, short and pursy, + Doled out scant justice in the chair + And even scanter mercy. + + As Holofernes lost his head + To Judith of Bethulia, + So I fell victim, but instead + Of Judith it was Julia. + + My speech left juries in the dark, + Of Julia I was thinking, + And once I heard a coarse remark + About a fellow drinking. + + I practised verse in leisure time + Both in and out of season, + It was indubitably rhyme, + Occasionally reason. + + I lacked the cheek to tell my woes, + Had not concealment fed on + My damask cheek, but left my nose + With twice its share of red on? + + Too horrible was this suspense, + At last, in desperation + I went to Loamshire on pretence + Of death of a relation. + + The Squire was beaming; "Julia's gone + To London for a visit, + But with a wedding coming on + That's not surprising, is it? + + "Old friends like you will think, no doubt, + That she is young to marry, + But ever since she first came out, + She's been engaged to Harry." + + + + +Her Letter in Chambers + + + I sat by the fire and watched it blaze, + And dreamed that she wrote me a letter, + And for that dream to the end of my days + To Fancy I owe myself debtor. + + Next day there came the postman's knock, + The morning was bright and sunny, + And showed me a sheaf of circulars, stock + Attempts to get hold of my money. + + 'Mid correspondence of this dull kind + A dainty notelet lay hidden, + It seemed as though it had half a mind + To consider itself forbidden. + + The writing was like herself, complete, + With a touch of her queenly bearing, + So Venus wrote when she ordered in Crete + Her doves to take her an airing. + + Inside it was just as promising, + 'Twas a pressing invitation + To dine at her house to-morrow, and bring + My book for her approbation. + + For I have published, be it confessed, + A little volume of verses, + And in the volume whatever is best + The praise of herself rehearses. + + I sit by the fire, and again I dream + A happier dream than ever, + I see her beautiful eyes soft gleam + As she murmurs, "How lovely--how clever!" + + Her criticism may be commonplace, + But who can be angry after + Now sweet with pity he marks her face, + Now bright with impulsive laughter? + + + + +Law and Poetry + + + In days of old did law and rime + A common pathway follow, + For Themis in the mythic time + Was sister of Apollo. + + The Hindu statutes tripped in feet + As daintily as Dryads, + And law in Wales to be complete + Was versified in triads. + + The wise Alfonso of Castile + Composed his code in metre + Thereby to make its flavour feel + A little bit the sweeter. + + But law and rime were found to be + A trifle inconsistent, + And now in statutes poetry + Is wholly non-existent. + + Still here and there some advocate + Before his fellows know it + Has had bestowed on him by fate + The laurel of the poet. + + Let him who has been honoured so, + In truth a _rara avis_, + Find precedents in Cicero + And our Chief Justice Davis; + + And more than all in Cino; he, + So plaintive a narrator + Of fair Selvaggia's cruelty, + Won fame as a glossator. + + Let him remember Thomas More + And Scott and Alciatus, + And Grotius with an ample store + Of most divine afflatus. + + But let him, if his bread and cheese + Depend on his profession, + Bethink him that the art of these + Was not their sole possession. + + The stream that flows from Helicon + Is scarcely a Pactolus, + A richer prize is theirs who con + Dull treatises on _dolus_. + + 'Tis well that some bold spirits dare + To cut themselves asunder + From bonds of law like old Moliere, + While lawyers gaze in wonder. + + The world had been a poorer place + Had Goethe lived by pleading + Or Tasso won a hopeless case + With Ariosto leading. + + + + +Somewhere + + + Somewhere in a distant star, + Cities of Cocaigne there are, + Paradises of the Bar. + + Somewhere 'neath another sun + Counsel cease to see the fun + Lurking in a judge's pun. + + Somewhere courts are fair to see, + Beauty joins utility, + Ushers answer courteously. + + Somewhere there are bailiwicks + Which for dock defences fix + Nothing under three-five-six. + + Somewhere rises struggle sore + For revisorships no more, + Every shire has half a score. + + Somewhere educated thought + Scientifically taught + Cross-examines as it ought. + + Somewhere judgments are obeyed, + Executions are not stayed, + Fees are almost always paid. + + Somewhere County Councils press + Banquets on the circuit mess, + Fleshpots in the wilderness. + + Somewhere at Assizes grow + Prosecutions row on row, + Every man has six or so. + + Somewhere, eager but for right, + Court and counsel cease to cite + Pointless cases recondite. + + Somewhere headnotes give the ground + Whereupon the judges found + Judgments generally sound. + + Somewhere juries use their sense, + Basing on the evidence + Verdicts of intelligence. + + Somewhere rich embroideries + Woven cunningly of lies + Part in twain at truth's clear eyes. + + Somewhere justice grows from wrong, + Till the right that suffered long + Sings at last its triumph song. + + Somewhere--even in a place + Peopled by a perfect race-- + One side holds a losing case. + + Somewhere since the world began + Heaven hath made an honest man, + Somewhere in Aldebaran. + + + + +Roman Law + + + I am a "coach" in Roman law by fate, + But Nature must have meant me for a poet, + And while I struggle with a rule or date, + Poetic thoughts intrude before I know it. + + The changing sunshine on the summer sea + Drives forth the law of _cessio bonorum_, + _Peculium castrense_ speaks to me + Of Horace and his _Dulce et decorum_. + + I see the matine bee among the flowers + Instead of _testamentum militare_, + And wander far away from agent's powers + To picture me again some Maud or Mary. + + In truth there is no sequence in the thought, + Why should the title _De Societate_ + Suggest, not trading partners, as it ought, + But visions of my last night's valse with Katie? + + But worse than this, when I have done my task, + Stern law again asserts her domination, + 'Tis cruel 'mid the new-mown hay to bask, + And find one's mind is running on novation; + + Or in the dusk, when glow-worms light the moss, + To hear the distant voice of Philomela + Expound the three varieties of _dos_ + And wax right eloquent about _tutela_. + + I had a little respite yesterday, + Dining with one who well knew how to dine us, + But when I slept, the charm soon fled away, + I dreamed I was a _praetor peregrinus_. + + Dismasted in the deep of law I lie, + A poor reward it is to stand confessed as + The Virgil of the interdict _de vi_, + The Petrarch of the _patria potestas_. + + + + +Bologna + + + I go from colonnade to colonnade + In streets that Dante trod, and past the towers + Aslant toward heaven, and listen to the hours + Chimed by the bells of choirs where Dante prayed. + They cease; then lo! the foot of time seems stayed + Five hundred years and more, I find me bowers + Where sweet and noble ladies weave them flowers + For one who reads Boccaccio in the shade. + The cowled students halt by two and threes + To hear the voice come thrilling through the trees, + Then tear themselves away to themes more trite. + Anon I mark the diligent hands that turn + Unlovely parchment scrolls whereby to learn + The beauty of inexorable right. + + + + +A Garden Party in the Temple + + + On hospitable thoughts intent + To me the Inner Temple sent + An invitation, + A garden party 'twas to be, + And I accepted readily + And with elation; + Good reason too, but oft the seeds + Of reason flower in senseless deeds. + + I stood as savage as a bear, + For not a human being there + Knew I from Adam + I heard around in various tones, + "_So_ glad to see you, Mr. Jones;" + "Good morning, Madam." + It seemed so painfully absurd + To stand and never speak a word. + + I brought my doom upon myself, + And there I was upon the shelf + In melancholy. + Why, say you, did I go at all? + I once met Chloris at a ball, + And in my folly + I went and suffered all this pain + In hopes to see her once again. + + Of strawberries a pound at least + I ate, and made myself a beast + With tea and sherry; + And raspberries I ate and trembled, + Until I felt that I resembled + Myself a berry, + But 'twas the berry that at school + We used to call a gooseberry fool. + + The I. C. R. V.[F] band droned on, + While guests had come and guests had gone + Since my arrival; + My brow grew gloomier with despair, + And on it sat the guilty air + Of a survival + Of some remorse for ancient crimes + Wrought in the pre-historic times. + + My seventh cup of tea was done, + My seventh glass of wine begun, + Then of her coming + I was aware, nor shall forget + How she and that brown sherry set + My brains a-humming; + Well should I be rewarded soon + For all the weary afternoon. + + Her eyes looked vaguely into mine + Without as much as half a sign + Of recognition. + My heart, my heart! the blow was sore, + But you have often been before + In this condition; + As said the bard of old, those eyes + Are not my only Paradise.[G] + +[F] Inns of Court Rifle Volunteers. + +[G] Dante, Par. xviii. 21. + + + + +The Spinning-House of the Future + + "Cada puta hile."--_Don Quixote_, i. 46. + + + Without my dinner here I lie, + And all because that proctor + With her stout bull-dogs passed, and I + Mocked her. + + For Clara is at Girton too, + That dragon is her tutor, + I threatened once what I would do, + Shoot her. + + Her life by Clara's tears was saved, + Wherefore she doth detest me, + And hither hungry and unshaved + Pressed me. + + I would that I could have commenced + An action 'gainst that devil, + Like that once brought by Kemp against + Neville.[H] + + To her I owe the statute framed + That one against it sinning + Should dwell within the house that's named + Spinning. + + Ah me! it runs in sections three: + Who speaks to Girton student + Is fined to teach him how to be + Prudent. + + Who loves a Girton girl must do + Twelve months on bread and water, + From a digestive point of view + Slaughter. + + Who kisses her commits a crime + By hanging expiated, + And she in tears must spend her time + Gated. + + Would that at Oxford I had been, + At Balliol or at Merton, + And then I never should have seen + Girton. + + Go down I must, no more shall I + And Clara cross the same bridge; + Still, Granta, art thou her and my + Cambridge. + + Some day on this her eyes may light, + This doggerel stiff and jointless, + And she may own it is not quite + Pointless. + +[H] An action brought in 1861 by a dressmaker at Cambridge against the +Vice-Chancellor for false imprisonment in the Spinning-House (the +University prison). The Court of Common Pleas held _inter alia_ that no +action lies against a judge for a judicial decision on a matter within +his jurisdiction (10 Common Bench Reports, New Series, 523). + + + + +How we found our Verdict + + + We sat in the jury-box, twelve were we all, + And the clock was just pointing to ten in the hall, + His Lordship he bowed to the jury, and we + Bowed back to his Lordship as gravely as he. + + The case of _De Weller_ v. _Jones_ was the first, + And we all settled down and prepared for the worst + When old Smithers, Q.C., began slowly to preach + Of a promise of marriage and action for breach. + + A barmaid the plaintiff was, wondrous the skill + Wherewith she was wont her tall tankards to fill, + The defendant, a publican, sought for his bride + Such a paragon, urged by professional pride. + + But the course of true love ran no smoother for her + Than the Pas de Calais or the bark of a fir, + The defendant discovered a widow with gold + In the bank and the plaintiff was left in the cold. + + An hour Smithers spoke, and he said that the heart + Of the plaintiff at Jones's fell touch flew apart, + But a cheque for a thousand might help to repair + The destruction effected by love and despair. + + Miss de Weller was called, and in ladylike tones + She described all the injury suffered from Jones, + How he called her at first "Angelina," and this + Soon cooled to "Miss Weller," and lastly to "Miss." + + But the jury were shaken a little when Gore + Cross-examined about her engagements before, + For Jones was the sixth of the strings to her bow + And with five other verdicts she solaced her woe. + + Re-examined by Smithers, she won us again, + For the tears of a maid are a terror to men, + Then his Lordship awoke from his nap and explained + How love that is frequent is love that is feigned. + + Miss de Weller looked daggers, and under the paint + Of her cheeks she grew pale and fell down in a faint, + She played her trump-card in the late afternoon, + For damages satisfy girls who can swoon. + + Till she fainted most thought that a farthing would do, + Though I was in favour of pounds--one or two; + But after the faint--and she _was_ so well dressed-- + At a hundred the void in her heart was assessed. + + + + +A Greek Libel + + + ARCHILOCHUS. + + Neobule, yesternight + Saw I thee in beauty dight, + On thy head a myrtle spray + Cast its shadow as the day + By the stars was put to flight. + Twining on thy temples white + Roses gave the myrtle light, + Sign thou wilt not say me nay, + Neobule. + Loosened from its coiled height + Streamed thy hair in thy despite + On thy shoulders soft to stray + And to bid the bard essay + Never but of thee to write, + Neobule. + + + NEOBULE. + + Sorry poet, who dost dare + Cast bold glances on my hair, + Let thy most presumptuous eyes + Seek another enterprise, + Ceasing now to linger there. + Hearken, I can tell thee where + Grow the bushes that will spare + Rods to teach thee humbler guise, + Sorry poet. + Know I not that I am fair? + Need thy halting verse declare + What my mirror daily cries? + Rid me of thy silly sighs, + Rid me of thy hateful stare, + Sorry poet. + + + ARCHILOCHUS. + + Neobule, poets see + Dreams of things that are to be. + Vengeance is the poet's trade, + Come, iambus, to my aid + 'Gainst the fools who scoff at me. + All the world will laugh with glee + When they mark my verses free + Grasp thee like a pillory, + And thy scorn with scorn repaid, + Neobule. + E'en in death thou canst not flee + From the doom the Fates decree. + When my satire's keenest blade + Cuts thee to the heart, fond maid, + I shall laugh, but what of thee, + Neobule? + + + + +Le Temps Passe + + + Those brave old days when King Abuse did reign + We sigh for, but we shall not see again. + Then Eldon sowed the seed of equity + That grew to bounteous harvest, and with glee + A Bar of modest numbers shared the grain. + Then lived the pleaders who could issues feign, + Who blushed not to aver that France or Spain + Was in the Ward of Chepe;[I] no more can be + Those brave old days. + + O'er pauper settlements men fought amain, + And golden guineas followed in their train, + John Doe then flourished like a lusty tree, + And Richard Roe brought many a noble fee, + We mourn in unremunerated pain + Those brave old days. + +[I] See, for instance, the well-known case of _Mostyn_ v. _Fabrigas_, in +which the plaintiff declared that the defendant on the 1st of September, +in the year 1771, made an assault upon the said plaintiff at Minorca, to +wit, at London, in the parish of St. Mary-le-bow, in the Ward of Cheap. + + + + +Lawn Tennis in the Temple Gardens + + + Not in contempt but to our sport inclined + Smile on us, shades of Judges short and tall + Portrayed on windows of the Temple Hall; + There was a time that ye grave thoughts resigned, + Then, warm with sack, the Serjeants' hearts waxed kind, + In mirth Lords Keepers danced the galliard all, + Not in contempt. + + Of pleasures past the shadows here we find, + Gay strife on brighter swards we thus recall, + Where maiden laughter winged the flying ball; + Declare us, fair ones, with a merry mind + Not in contempt. + + + + +A Ballade of Lost Law + + + (_Spirit of Lord Eldon speaks_) + + This England is gone staring mad, + She hath abolished Chancery,[J] + See the long lines of suitors, sad + To find themselves unwontedly + After one day of trial free. + Pleading and seals have gone their way. + "I know," said I, "that after me + Too quickly comes the evil day." + + + (_Spirit of Lord Lyndhurst speaks_) + + I was Chief Baron, and I had + A Court of Law and Equity,[K] + The Courts at Westminster were clad + With ancient glory fair to see. + Now County Courts have come to be + Exalted high on our decay, + And every whit as good as we; + Too quickly comes the evil day. + + + (_Shade of Butler speaks_) + + In days of yore we used to pad + Our deeds with words of certainty; + Alas! that now the office lad + Is qualified to grant in fee! + Lost is our old supremacy, + Lost is the delicate display + Of learning on _pur autre vie_; + Too quickly comes the evil day. + + + L'ENVOI + + (_The Three in Chorus_) + + Thurlow, to thee we bend the knee, + When law was law, then men were gay, + 'Tis down with port and up with tea, + Too quickly comes the evil day. + +[J] The Court of Chancery was merged in the High Court of Justice in +1875. + +[K] In the days of Lord Lyndhurst the old Court of Exchequer had +equitable as well as common law jurisdiction. + + + + +Com[oe]dia Juris + + + Est omne jus forense quasi com[oe]dia; + Hic advocatus maximas partes agit + Laudatus undique a procuratoribus, + Labore vocis redditus ditissimus; + Cui brevia nil forensis et quaestus valent + Silenter ille spectat, at pro praemio + Fruitur quietus optime com[oe]dia. + + + + +Cases + + + + +Cases + + +MYLWARD _v._ WELDON + + [The plaintiff was committed to the Fleet Prison on Feb. 8, 1596, by + order of the Lord Keeper, for drawing a replication of sixscore + sheets containing much impertinent matter which might well have been + contained in sixteen. On Feb. 10 the Lord Keeper ordered that on the + following Saturday the Warden of the Fleet should cut a hole through + the replication, and put the plaintiff's head through the hole and + let it hang about his shoulders with the written side outwards, and + lead the plaintiff bareheaded and barefaced round about Westminster + Hall, and show him at the bar of all the courts, and so back to the + Fleet.--Abridged from Spence's _Equitable Jurisdiction_, vol. i. p. + 376.] + + 'Gainst Weldon Mylward files a bill, + But doth his replication fill + With scandalous and idle matter, + That would disgrace the maddest hatter. + Woe is me for Mylward! + + 'Twas sixscore sheets, it might have been + Contained, and amply, in sixteen; + So after that the court hath risen + Must Mylward Fleetward go to prison. + Woe is me for Mylward! + + And two days afterwards 'tis meet + That by the Warden of the Fleet + He be led on in slow progression + Through every court that sits in session. + Woe is me for Mylward! + + The pleading writ with words so fair + Must Mylward like a tabard wear, + A hole therein, the Warden cuts it, + A head put through it, Mylward puts it. + Woe is me for Mylward! + + The bar makes merry at his shame; + What careth he? He winneth fame, + Three hundred years his reputation + Hath rested on that replication. + Woe is me for Mylward! + + +HAMPDEN _v._ WALSH + +(1 Queen's Bench Division, 189) + + "Five hundred pounds as stake I'll lay," + Says Hampden, "that by such a day + No man of science proves to me + That earth not flat but round must be; + The earth is flat, and flats are they." + The sum Walsh holds right willingly; + But Wallace by philosophy + Proves roundness, and would take away + Five hundred pounds. + + "Proof me no proofs," quoth Hampden, "Nay, + Let Wallace get it if he may, + I'll sue Walsh for it." So sues he. + "Let Wallace," hold the judges three, + "Take nought, let Walsh to Hampden pay + Five hundred pounds." + + +WILLIS _v._ THE BISHOP OF OXFORD + +(2 Probate Division, 192) + + Aid me, Muses! my endeavour is to sing a woful song, + How a very learned bishop in the Arches Court went wrong. + Aid me, for _duplex querela_ is an uninviting theme, + And the practice of the Arches raises no poetic dream. + 'Tis the Reverend Child Willis, child in name but not in age, + Comes he to the Court of Arches burning with a noble rage, + Filing his _duplex querela_, claiming for himself thereby + Vicarage of Drayton Parslow, or to know the reason why. + "Reason why?" the bishop answers; "that is not so far to seek. + Little Latin have you, Willis, innocent are you of Greek. + You were specially examined by my good Archdeacon Pott; + He reported to me promptly, 'Greek and Latin all forgot, + _Non idoneus_ is Willis, _minus et sufficiens_, + He may have a _sanum corpus_, but he lacks a _sana mens_.'" + "Nay," says Willis, "such an answer is but trifling with the court, + I have preached a Latin sermon, and the classics are my forte, + You must name the books I failed in, you must give me every chance + Of a fresh examination at the hands of Lord Penzance." + Lord Penzance supported Willis: "Bishop, you must file," said he, + "Some more tangible objection, some less vague and general plea. + As it stands I cannot gather what it is you ploughed him in, + Whether Hellenistic aorists or the Latin word for sin." + But alas! the world has never known as yet what Willis did, + In the breast of the Archdeacon still it lies a secret hid. + Was his Latin prose defective? Did his style of writing show + More resemblance to Tertullian than to Tullius Cicero? + Were his dates a little shaky? Could it, could it be that he + Confidently made Augustine flourish at a date B.C.? + None will know save Pott, Archdeacon, for alas! the patroness + Showed no mercy to Child Willis in the day of his distress. + She revoked the presentation, leaving Willis in the lurch, + One of undisputed learning preached in Drayton Parslow church. + Doubly barren was his triumph, it was not a twelve-month ere + Death set up _his_ Court of Arches, Willis did not triumph there. + + +DASHWOOD _v._ JERMYN + +(12 Chancery Division, 776) + + Captain Dashwood, who had been + In the service of the Queen, + Sick of "Eyes front" and "Attention," + Came to London on his pension. + At the "Portland" as he stayed, + Firm the friendship that he made + With one William Richards, who + Put up at the "Portland" too. + Passed six years, then he was wrapped in + Love's embraces, vanquished captain! + "Yes," he cried, "I will; no bar shall + Stop my wedding Edith Marshall." + But there was a bar, 'twas that + He was poorer than a rat; + Indian pensions do not run + More than just enough for one. + Edith, too, had not a cent, + Who would pay the rates and rent? + Two more years, and Richards moved + (He perchance had sometime loved), + Promised them an income clear, + 'Twas five hundred pounds a year + For his life; when he was dead, + Then ten thousand pounds instead. + This to Dashwood in a letter + Wrote he, deeming it was better + They should marry soon while he + Lived their happiness to see. + 'Twas a modest sum, but marriage + May be blest without a carriage, + Forty pounds a month and more + Keep the wolf from near the door. + So they wed for worse or better, + On the faith of Richards' letter. + Scarcely was a quarter's payment + Due when mourning was their raiment. + Richards died. Alas! no cash would + Find its way to Captain Dashwood. + Dashwood's head began to swim-- + Not a shilling left to him! + "Ha, I'll have it still," cried he; + "Justice dwells in Chancery." + So the case was straightway taken + To the court of V.-C. Bacon. + Vainly Dashwood cash expended + The executors defended, + Claiming that what Richards wrote + Was not worth a five-pound note; + First because the dead testator + Well, not wisely, loved the "cratur," + More than that, had often been + In delirium tremens seen; + Secondly, because he signed + When he did not know his mind; + Third, because pollicitation + Is not good consideration. + Law, of justice independent, + Gave its judgment for defendant. + Poorer than he was at first, + That unhappy plaintiff cursed, + With a special satisfaction + Cursed the day he brought his action. + Would that he'd in India tarried! + Would that he had never married! + He, alas, is tied for life + Pauper to a pauper wife, + Scarce consoled that on his name + Equity reports shower fame, + Bearing down to endless ages + Dashwood's story on their pages. + + +_EX PARTE_ JONES + +(18 Chancery Division, 109) + + Oh for the wily infant who married the widow and made + Profit of coke and of breeze, and never a penny he paid! + Oh for the Corporation of Birmingham cheated and snared, + Taking orders for coke that the widow and infant prepared! + Oh for the Court of Appeal, and oh for Lords Justices three! + Oh for the Act that infants from contracts may shake themselves free! + Oh for the common law with its store of things old and new! + Birmingham coke is good and good Coke upon Littleton too. + + +FINLAY _v._ CHIRNEY + +(20 Queen's Bench Division, 494) + + When love-sick man descends to folly + And gets engaged, he must not stray, + The jury takes the part of Polly, + And if he jilts her, he must pay. + + The only way his fault to cover, + From damages and costs to fly, + To leave his jilted lady-lover + Without an action is--to die![L] + +[L] The decision was to the effect that in most cases an action for +breach of promise of marriage does not survive against the +representatives of the promiser. + + +POLLARD _v._ PHOTOGRAPHIC COMPANY + +(40 Chancery Division, 345) + + "Shall I take your photograph, my pretty maid?" + "You may if you like, kind sir," she said. + + "Do you like your photograph, my pretty maid?" + "It is more than flattering, sir," she said. + + "I'll publish your photograph, my pretty maid." + "Indeed but you won't, kind sir," she said. + + "As a Christmas card, my pretty maid." + "The very idea, kind sir!" she said. + + "But what if I've done it, my pretty maid?" + "I'll get an injunction, sir," she said. + + "The law is with you, my pretty maid," + The learned judge of the Chancery said. + + "You have proved the negative, my pretty maid, + A difficult thing in law," he said. + + +THE MINNEAPOLIS CASE + +(_Tried in Minnesota in 1892_) + + Kind reader, tarry here, nor miss + The law of Minneapolis. + There was a carpenter called Brown, + A citizen of that great town, + Who stood his "inexpressive she" + A dollar's worth of comedy. + Was it a Gaiety burlesque, + Or labour of Norwegian desk? + Or did they spout in stagey tones + Morality by H. A. Jones? + Or tear romance to rags and set it + In heavy platitudes by Pettit? + I know not, and it matters not, + The subject I have clean forgot. + Sufficient that the pair did sit + In expectation in the pit, + An expectation not fulfilled, + 'Twas otherwise by fortune willed. + Before this loving couple sat + In solitary state a hat-- + A hat, I say, for in their wonder + They never noticed what was under, + The wearer must have been a "human," + But might have been a man or woman. + 'Twas like a mountain crowned with trees + Amid the pathless Pyrenees, + Or like a garden planned by Paxton, + Or colophon designed by Caxton, + So intricate the work; and flowers + Were trained to climb its soaring towers, + Convolvulus and candytuft, + And 'mid them water-wagtails stuffed. + Such splendour never yet, I wis, + Had shone in Minneapolis. + But Brown was in a sore dilemma, + A dollar he had paid for Emma + To see a play, and not a hat; + A dollar, it was dear at that. + And Emma--disappointment racked her, + She never saw a single actor. + So Brown, with visage thunder-black, + Demanded both his dollars back. + The man who took the cash said, "Sonny, + Our rule is not to give back money. + But if you'll come another night, + Maybe you'll get a better sight." + So Brown went home and nursed his sorrow, + His writ he issued on the morrow. + A hundred dollars was his claim, + And the young lady claimed the same. + The case was argued, on revision + Of pleadings, this was the decision: + "The theatre's defence is bad, + Brown paid for what he never had, + He paid when in the pit he sat + To see a play and not a hat. + To bring defendants to their senses, + I find for plaintiffs with expenses." + _Justitiae columna sis_, + Wise judge of Minneapolis! + + +COMMONWEALTH _v._ MARZYNSKI + +(21 New England Reports, 228 [Massachusetts, 1893]) + + [On a complaint for keeping open a tobacconist's shop on Sunday, + contrary to the law of Massachusetts, it was held that the court + will take judicial notice that tobacco and cigars are not drugs and + medicines, and will exclude the testimony of a witness who offers + evidence that they are.] + + Against the statutes of the Old Bay State + Marzynski on a Sunday stood behind + His counter, well content his gain to find + In pipes not pills, cigars not carbonate. + From breakfast till 'twas dusk at half-past eight + Tobacco cheered this hardened sinner's mind, + The price of it his pockets, disinclined + To add their dime to the collection plate. + The State Attorney claimed the penalty; + "Cigars are no cigars," said the defence, + "But drugs, and we have witnesses to prove it." + "Cigars to be cigars judicially + We notice, and reject the evidence." + So said the Court, and spat, and nought could move it. + + + + +Translations + + + + +Translations + + +GREEK ANTHOLOGY + + +X. 48 + + Woe to the house whose mistress was a slave! + So say old saws, my own in aid I crave; + Woe to the court whose judge once spake for fees, + Though he were readier than Isocrates! + An advocate that pleaded once for pelf + Scarce on the bench forgets his former self. + + _Palladas._ + + +XI. 75 + + This Olympicus of old + Had, Sebastus, I am told + Quite his share of upper gear, + Nose and chin and eye and ear. + All he lost, and by his fist-- + He became a pugilist. + Loss of members with it drew + Loss of patrimony too. + When his birthright he would claim, + Into court his brother came + With a portrait, saying, "Thus + Looked the old Olympicus." + None could any likeness see, + Disinherited was he. + + _Lucillus._ + + +XI. 141 + + A pig, a goat, an ox I lost: + I want them back at any cost, + And so retained, O woful fate! + Menecles for my advocate. + But tell me, will you, what have these + In common with Othryades? + The heroes of Thermopylae + Have nought to do with theft from me. + Against Eutychides I bring + My action for a trivial thing. + Let Xerxes rest a little space, + And leave the Spartans in their place. + For if you don't put all this by + I'll go into the streets and cry, + "The voice of Menecles is big, + But what about my stolen pig?" + + _Lucillus._ + + [This Epigram is probably an imitation of that of Martial, on p. + 90.] + + +XI. 143 + + Pluto rejected at his gate + The soul of Mark the advocate; + "No, Cerberus my dog," quoth he, + "Will make you pleasant company; + But if within you needs must go, + Practise on poet Melito, + And you shall have, if he won't do, + Tityus and Ixion too. + You'll be to hell the sorest ill + Of all that hell contains, until + There come to us worse barbarisms + When Rufus speaks his solecisms." + + _Lucillus._ + + +XI. 147 + + So soon hath Asiaticus + The gift of eloquence achieved? + It was in Thebes it happened thus, + The story well may be believed. + + _Ammianus._ + + +XI. 151 + + The statue of an advocate, as like as like can be. + And why? The statue cannot speak a word, no more could he. + + _Anon._ + + +XI. 152 + + Paul, dost thou wish to make thy boy + An advocate like these his betters? + Then let him not his time employ + To useless ends in learning letters. + + _Ammianus._ + + +XI. 251 + + The parties were as deaf as deaf could be, + The judge was far the deafest of the three. + Said plaintiff, "Sir, I ask for five months' rent." + Defendant, "Grinding corn all night I spent." + "Why," quoth the judge, "dispute? Your mother's claim + Is good, and you must both support the dame." + + _Nicarchus._ + + +XI. 350 + + Remember justice and her yoke, and know + That 'gainst the wicked votes of "Guilty" go. + Thou trustest in thy cunning speech, thy power + Of speaking words that vary with the hour. + Hope what thou wilt, thy trifling tricks are vain, + Thou canst not make the path of law less plain. + + _Agathias._ + + +XI. 376 + + Once to Diodorus came a client in a state of doubt, + And to that most learned counsel thus he set the matter out: + "Alpha Beta found a slave-girl who had run away from me: + To a slave of his he wed her, though she was my property, + Well he knew she was my chattel; she has had a child or two; + Now I cannot tell for certain whose the children are, can you?" + Diodorus thought, consulted all authorities on "Slave," + To his client turned his furrowed brows and slowly answer gave: + "'Tis to you or to the other who, you say, has done you wrong, + That the children of the handmaid rightfully of course belong, + Your best plan will be the matter in the proper court to place, + So you'll get a good opinion whether you have any case." + + _Agathias._ + + +PLAN, 193 + + "Good Hermes, only just one cabbage plant." + "Stop, stop, my thieving traveller, you can't." + "What, grudge me one poor cabbage! is it so?" + "Nay, I don't grudge it, but the law says no. + The law says, Keep your itching palms, d'ye see, + From meddling with another's property." + "Well, this beats anything I ever saw! + Hermes against a thief invokes the law." + + _Philippus._ + + +APPENDIX, 385 + + Pupils seven of Aristides, + Tell me, how are ye? + Four of you are walls, beside is + Nought but benches three. + + _Another Version_ + + Seven pupils of the rhetor + Aristides, how are ye? + Seven! _Hoc et nihil praeter_, + Four are walls and benches three. + + _Anon._ + + +MARTIAL + + +_In Caium_ + + "Lend me sestertia, Caius, only twenty, + 'Tis no great thing for you who roll in plenty." + He was an old companion, and his coffers + Were full enough to stand such friendly offers. + "Go, plead in court," said he; "'tis pleadings pay us." + "I want your money, not your counsel, Caius." + + _Martial_, ii. 30. + + +_In Causidicum_ + + 'Tis said that some bold advocate + Has dared to criticise my poem, + His name I have not learned, his fate + Will be a warning when I know him. + + _Martial_, v. 33. + + +_In Postumum Causidicum_ + + No claim for trespass do I bring, + Or homicide, or poisoning. + I claim that by my neighbour's theft + Of she-goats three I was bereft. + The judge of course wants evidence, + But you go wandering far from thence, + And with a mighty voice declaim + Of Mithridates and the shame + Of Cannae, and the lies of old + That Punic politicians told. + And why should you pass Sylla by, + The Marii and Mucii? + When, Postumus, d'ye hope to reach + My stolen she-goats in your speech? + + _Martial_, vi. 19. + + +_In Cinnam_ + + Is this advocacy, Cinna, this a type of lawyers' powers, + This immense oration, Cinna, some nine words in some ten hours? + Waterclocks I grant you asked for, Cinna, yes, you called for four; + There you stopped, such wealth of silence, Cinna, ne'er was seen + before. + + _Martial_, viii. 7. + + +THE COURT OF REASON + + A thousand doubts and pleadings in a day + Are filed in Empress Reason's court supreme + By angry Love--his eyes with anger gleam. + "Which of us twain hath been more faithful, say. + 'Tis all through me that Cino can display + The sail of fame on life's unhappy stream." + "Thee," quoth I, "root of all my woe I deem, + I found what gall beneath thy sweetness lay." + Then he: "Ah, traitorous and truant slave! + Are these the thanks thou renderest, ingrate, + For giving thee a maid without a peer?" + "Thy left," cried I, "slew what thy right hand gave." + "Not so," said he. The judge, "Your wrath abate. + I must have time to give true judgment here." + + _Cino da Pistoia._ + + [Imitated by Petrarch in the conclusion of the Canzone, _Quell' + antico mio dolce empio signore_.] + + +TO ROME + + Tell me, proud Rome, why dost these edicts read, + These many laws by prince or people made, + Or answers by the prudent duly weighed, + When now thou canst the world no longer lead? + Thou readest, sad one, of each ancient deed + Where thy unconquered sons their might displayed, + Afric and Egypt at thy feet were laid, + But slavery, not rule, is now thy meed. + What boots it that thou wast of old a queen, + And over foreign nations heldest rein, + If thou and all thy fame no more exist? + Forgive me, God, if all my days have been + Devoted to man's laws, unjust and vain + Unless Thy law within the heart be fixed. + + _Cino da Pistoia._ + + +JUSTICE + + Ah! justice is a virtue bepraised and full of worth, + It castigates the sinner, and peoples all the earth, + And kings with care should guard it--instead they now forget + The gem that is most precious in all the coronet. + Some think they may do justice by cruelty, I wist; + But 'tis an evil counsel, for justice must consist + In showing deeds of mercy, in knowledge of the truth, + And executing judgment it executes with ruth. + + _Pedro Lopez de Ayala._ + + +THE POET AND THE ADVOCATE + + + Glory and gain thus mixed distract the thought, + We owe to honour all, to fortune nought; + The poet, like the soldier, scorns for pay + Peruvian gold, but seeks the wreath of bay. + How is the advocate the poet's peer? + The poet's glory is complete and clear; + He far outlives the advocate's renown, + Patru is e'en by Scarron's name weighed down. + The bar of Greece and Rome you point me out, + A bar that trained great men, I do not doubt, + For then chicane with language void of sense + Had not deformed the law and eloquence. + Purge the tribune of all this monstrous growth, + I mount it, and my soul will sink, though loth, + Will yield to fortune and will speak in prose. + But since reform in this so slowly grows, + Leave me my tastes, for I aspire to be + By verse ennobled to posterity, + To hold first place in arts above the law, + More grave and noble than it ever saw. + Fraud in this age of ours unpunished can + Tread down the equity so dear to man. + Can you for spirits just and generous find + A fairer cause to plead before mankind? + Mother or stepmother let Fortune be, + The theatre and not the bar for me; + For client virtue, truth for counsel's wage; + For judge the present and the coming age. + + _Piron_, _La Metromanie_, Act iii. 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