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+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. Sc. 7.
+
+
+MORRISON AND GIBB, PRINTERS, EDINBURGH.
+
+
+
+
+
+End of the Project Gutenberg EBook of Briefless Ballads and Legal Lyrics, by
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