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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/25281-8.txt b/25281-8.txt new file mode 100644 index 0000000..aa97046 --- /dev/null +++ b/25281-8.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: ISO-8859-1 + +*** 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 PASSÉ 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 prętor'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 formulę and pleadings, + I lived but in the law." + + The second had a countenance perfidious; + What wonder? Prętors launched their formulę + 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 prętor 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 Moličre, + 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 _prętor 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 cowlčd 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 coilčd 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 Passé + + + 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 pręmio + 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." + _Justitię 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 Thermopylę + 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 pręter_, + 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 Cannę, 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 Métromanie_, Act iii. 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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: ISO-8859-1 + +*** 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.) + + + + + + +</pre> + + +<h1><small>BRIEFLESS BALLADS</small></h1> + +<hr /> + +<p class="center"><small>BY THE SAME AUTHOR</small></p> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0">SIMPLE STORIES OF LONDON<br /></span> +<span class="i2"><small>VERSES SUITABLE FOR RECITATION</small><br /></span> +</div> +<div class="stanza"> +<span class="i4"><i><small>Crown 8vo, cloth, price 1s. 6d.</small></i><br /></span> +</div></div> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0">ETHANDUNE<br /></span> +<span class="i2"><small>AND OTHER POEMS</small><br /></span> +</div> +<div class="stanza"> +<span class="i4"><i><small>Crown 8vo, cloth, price 2s. 6d.</small></i><br /></span> +</div></div> + +<hr /> + +<h1>BRIEFLESS BALLADS<br /> +<span class="fss">AND</span><br /> +LEGAL LYRICS</h1> + +<p class="hd1">SECOND SERIES</p> + +<h2><span class="smcap">By</span> JAMES WILLIAMS</h2> + +<div class="bk1"><p>"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."</p> +<p class="td2">—<span class="smcap">Thomas Love Peacock</span>, in <i>Melincourt</i></p></div> + +<p class="center">LONDON<br /> +ADAM AND CHARLES BLACK<br /> +1895</p> + +<hr /> +<p class="center"><small>[<i>All Rights Reserved</i>]</small></p> + +<div class="trn"><b>Transcriber's Note:</b> +Minor typographical errors have been corrected without note. +Hyphenation has been standardised.</div> + +<hr /><p><span class='pagenum'><a name="Page_5" id="Page_5">[5]</a></span></p> +<h2>CONTENTS</h2> + +<div class="blockquot"><p>(The First Series was published anonymously in 1881, and is now out +of print. Some of the following pieces have already appeared +in periodicals.)</p></div> + +<div class='center'> +<table border="0" cellpadding="2" cellspacing="0" summary=""> +<tr><td class="td2" colspan="2"><small>PAGE</small></td></tr> +<tr><td class="td1">Justinian at Windermere</td><td class="td2"><a href="#Page_9">9</a></td></tr> +<tr><td class="td1">A Vision of Legal Shadows</td><td class="td2"><a href="#Page_15">15</a></td></tr> +<tr><td class="td1">The Squire's Daughter</td><td class="td2"><a href="#Page_21">21</a></td></tr> +<tr><td class="td1">Her Letter in Chambers</td><td class="td2"><a href="#Page_25">25</a></td></tr> +<tr><td class="td1">Law and Poetry</td><td class="td2"><a href="#Page_27">27</a></td></tr> +<tr><td class="td1">Somewhere</td><td class="td2"><a href="#Page_30">30</a></td></tr> +<tr><td class="td1">Roman Law</td><td class="td2"><a href="#Page_34">34</a></td></tr> +<tr><td class="td1">Bologna</td><td class="td2"><a href="#Page_36">36</a></td></tr> +<tr><td class="td1">A Garden Party in the Temple</td><td class="td2"><a href="#Page_37">37</a></td></tr> +<tr><td class="td1">The Spinning-House of the Future</td><td class="td2"><a href="#Page_41">41</a></td></tr> +<tr><td class="td1">How we found our Verdict</td><td class="td2"><a href="#Page_44">44</a></td></tr> +<tr><td class="td1">A Greek Libel</td><td class="td2"><a href="#Page_47">47</a></td></tr> +<tr><td class="td1">Le Temps Passé</td><td class="td2"><a href="#Page_50">50</a></td></tr> +<tr><td class="td1">Lawn Tennis in the Temple Gardens</td><td class="td2"><a href="#Page_52">52</a></td></tr> +<tr><td class="td1">A Ballade of Lost Law</td><td class="td2"><a href="#Page_53">53</a></td></tr> +<tr><td class="td1">Comœdia Juris</td><td class="td2"><a href="#Page_56">56</a><span class='pagenum'><a name="Page_6" id="Page_6">[6]</a></span></td></tr> +<tr><td class="td4" colspan="2">Cases—</td></tr> +<tr><td class="td3">Mylward <span class="vrs">v.</span> Weldon</td><td class="td2"><a href="#Page_59">59</a></td></tr> +<tr><td class="td3">Hampden <span class="vrs">v.</span> Walsh</td><td class="td2"><a href="#Page_61">61</a></td></tr> +<tr><td class="td3">Willis <span class="vrs">v.</span> The Bishop of Oxford</td><td class="td2"><a href="#Page_62">62</a></td></tr> +<tr><td class="td3">Dashwood <span class="vrs">v.</span> Jermyn</td><td class="td2"><a href="#Page_66">66</a></td></tr> +<tr><td class="td3"><i>Ex Parte</i> Jones</td><td class="td2"><a href="#Page_70">70</a></td></tr> +<tr><td class="td3">Finlay <span class="vrs">v.</span> Chirney</td><td class="td2"><a href="#Page_71">71</a></td></tr> +<tr><td class="td3">Pollard <span class="vrs">v.</span> Photographic Company</td><td class="td2"><a href="#Page_71">71</a></td></tr> +<tr><td class="td3">The Minneapolis Case</td><td class="td2"><a href="#Page_73">73</a></td></tr> +<tr><td class="td3">Commonwealth <span class="vrs">v.</span> Marzynski</td><td class="td2"><a href="#Page_77">77</a></td></tr> +<tr><td class="td4" colspan="2">Translations—</td></tr> +<tr><td class="td3">Greek Anthology</td><td class="td2"><a href="#Page_81">81</a></td></tr> +<tr><td class="td3">Martial</td><td class="td2"><a href="#Page_89">89</a></td></tr> +<tr><td class="td3">Cino da Pistoia</td><td class="td2"><a href="#Page_92">92</a></td></tr> +<tr><td class="td3">Pedro Lopez de Ayala</td><td class="td2"><a href="#Page_94">94</a></td></tr> +<tr><td class="td3">Piron</td><td class="td2"><a href="#Page_94">94</a></td></tr></table></div> + +<hr /><p><span class='pagenum'><a name="Page_7" id="Page_7">[7]</a></span></p> + +<div class="poem" style="width: 19em;"><div class="stanza"> +<span class="i0"><i>Interioris amat Templi jam Pegasus aulas</i><br /></span> +<span class="i2"><i>Pieria in Medio plenior unda ruit.</i><br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_9" id="Page_9">[9]</a></span></p> + +<div class="fighd"> +<img src="images/001.png" width="502" height="93" alt="" title="" /> +</div> + +<h2>Justinian at Windermere</h2> + +<div class="poem" style="width: 19em;"><div class="stanza"> +<span class="i0"><span class="smcap">We</span> took a hundredweight of books<br /></span> +<span class="i2">To Windermere between us,<br /></span> +<span class="i0">Our dons had blessed our studious looks,<br /></span> +<span class="i2">Had they by chance but seen us.<br /></span> +</div><div class="stanza"> +<span class="i0">Maine, Blackstone, Sandars, all were there,<br /></span> +<span class="i2">And Hallam's <i>Middle Ages</i>,<br /></span> +<span class="i0">And Austin with his style so rare,<br /></span> +<span class="i2">And Poste's enticing pages.<br /></span> +</div><div class="stanza"> +<span class="i0">We started well: the little inn<br /></span> +<span class="i2">Was deadly dull and quiet,<br /></span> +<span class="i0">As dull as Mrs. Wood's <i>East Lynne</i>,<br /></span> +<span class="i2">Or as the verse of Wyatt.<span class='pagenum'><a name="Page_10" id="Page_10">[10]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Without distraction thus we read<br /></span> +<span class="i2">From nine until eleven,<br /></span> +<span class="i0">Then rowed and sailed until we fed<br /></span> +<span class="i2">On potted char at seven.<br /></span> +</div><div class="stanza"> +<span class="i0">Two hours of work! We could devote<br /></span> +<span class="i2">Next day to recreation,<br /></span> +<span class="i0">Much illness springs, so doctors note,<br /></span> +<span class="i2">From lack of relaxation.<br /></span> +</div><div class="stanza"> +<span class="i0">Let him read law on summer days,<br /></span> +<span class="i2">Who has a soul that grovels;<br /></span> +<span class="i0">Better one tale of Thackeray's<br /></span> +<span class="i2">Than all Justinian's novels.<br /></span> +</div><div class="stanza"> +<span class="i0">At noon we went upon the lake,<br /></span> +<span class="i2">We could not stand the slowness<br /></span> +<span class="i0">Of our lone inn, so dined on steak<br /></span> +<span class="i2">(They <i>called</i> it steak) at Bowness.<span class='pagenum'><a name="Page_11" id="Page_11">[11]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">We wrestled with the steak, when lo!<br /></span> +<span class="i2">Rose Jack in such a hurry,<br /></span> +<span class="i0">He saw a girl he used to know<br /></span> +<span class="i2">In Suffolk or in Surrey.<br /></span> +</div><div class="stanza"> +<span class="i0">What matter which? to think that she<br /></span> +<span class="i2">Should lure him from his duty!<br /></span> +<span class="i0">For Jack, I knew, would always be<br /></span> +<span class="i2">A very slave to beauty.<br /></span> +</div><div class="stanza"> +<span class="i0">And so it proved, alas! for Jack<br /></span> +<span class="i2">Grew taciturn and thinner,<br /></span> +<span class="i0">Was out all day alone, and back<br /></span> +<span class="i2">Too often late for dinner.<br /></span> +</div><div class="stanza"> +<span class="i0">What could I do? His walks and rows<br /></span> +<span class="i2">All led to one conclusion;<br /></span> +<span class="i0">I could not read; our work, heaven knows,<br /></span> +<span class="i2">Was nothing but confusion.<span class='pagenum'><a name="Page_12" id="Page_12">[12]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Like Jack I went about alone,<br /></span> +<span class="i2">Saw Wordsworth's writing-table,<br /></span> +<span class="i0">And made the higher by a stone<br /></span> +<span class="i2">The "man" upon Great Gable.<br /></span> +</div><div class="stanza"> +<span class="i0">At last there came a sudden pause<br /></span> +<span class="i2">To all his wanderings <i>solus</i>,<br /></span> +<span class="i0">He learned what writers on the laws<br /></span> +<span class="i2">Of Rome had meant by <i>dolus</i>.<br /></span> +</div><div class="stanza"> +<span class="i0">The Suffolk (was it Surrey?) flirt<br /></span> +<span class="i2">Without a pang threw over<br /></span> +<span class="i0">Poor Jack and all his works like dirt,<br /></span> +<span class="i2">And caught a richer lover.<br /></span> +</div><div class="stanza"> +<span class="i0">We read one morning more to say<br /></span> +<span class="i2">We had not been quite idle,<br /></span> +<span class="i0">And then to end the arduous day<br /></span> +<span class="i2">Enjoyed a swim in Rydal.<span class='pagenum'><a name="Page_13" id="Page_13">[13]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Next day the hundredweight of books<br /></span> +<span class="i2">Was packed once more in cases,<br /></span> +<span class="i0">We left the lakes and hills and brooks<br /></span> +<span class="i2">And southward turned our faces.<br /></span> +</div><div class="stanza"> +<span class="i0">Three months, and then the Oxford Schools;<br /></span> +<span class="i2">Our unbelieving college<br /></span> +<span class="i0">Saw better than ourselves what fools<br /></span> +<span class="i2">Pretend sometimes to knowledge.<br /></span> +</div><div class="stanza"> +<span class="i0">Curst questions! Jack did only one,<br /></span> +<span class="i2">He gave as his opinion<br /></span> +<span class="i0">That of the Roman jurists none<br /></span> +<span class="i2">Had lived before Justinian.<br /></span> +</div><div class="stanza"> +<span class="i0">I answered two, but all I did<br /></span> +<span class="i2">Was lacking in discretion,<br /></span> +<span class="i0">I reckoned guardianship amid<br /></span> +<span class="i2">The <i>vitia</i> of possession.<span class='pagenum'><a name="Page_14" id="Page_14">[14]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">My second shot was wider still,<br /></span> +<span class="i2">I held that <i>commodata</i><br /></span> +<span class="i0">Could not attest a prætor's will<br /></span> +<span class="i2">Because of <i>culpa lata</i>.<br /></span> +</div><div class="stanza"> +<span class="i0">We waited fruitlessly that night,<br /></span> +<span class="i2">There came no blue <i>testamur</i>,<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">[A]</a><br /></span> +<span class="i0">Nor was Jack's heavy heart made light<br /></span> +<span class="i2">By that sweet word <i>Amamur</i>.<br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">[A]</span></a> Since the above was written, the <i>testamur</i>, like many other institutions +dear to the old order of Oxford men, has been superseded.</p></div> + +<div class="figcenter" style="width: 253px;"> +<img src="images/004.png" width="253" height="95" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_15" id="Page_15">[15]</a></span></p> + +<div class="fighd" style="width: 452px;"> +<img src="images/002.png" width="444" height="106" alt="" title="" /> +</div> + +<h2>A Vision of Legal Shadows</h2> + +<div class="poem" style="width: 23em;"><div class="stanza"> +<span class="i0"><span class="smcap">A case</span> at chambers left for my opinion<br /></span> +<span class="i2">Had taxed my brain until the noon of night,<br /></span> +<span class="i0">I read old law, and loathed the long dominion<br /></span> +<span class="i6">Of fiction over right.<br /></span> +</div><div class="stanza"> +<span class="i0">I had consulted Coke and Cruise and Chitty,<br /></span> +<span class="i2">The works where ancient learning reigns supreme,<br /></span> +<span class="i0">Until exhausted nature, moved with pity,<br /></span> +<span class="i6">Sent me a bookman's dream.<br /></span> +</div><div class="stanza"> +<span class="i0">Six figures, all gigantic as Gargantua,<br /></span> +<span class="i2">Floated before my eyes, and all the six<br /></span> +<span class="i0">Were shades like those that once the bard of Mantua<br /></span> +<span class="i6">Saw by the shore of Styx.<span class='pagenum'><a name="Page_16" id="Page_16">[16]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">The first was one with countenance imperious,<br /></span> +<span class="i2">His toga dim with centuries of dust;<br /></span> +<span class="i0">"My name," quoth he, "is Aulus and Agerius,<a name="FNanchor_B_2" id="FNanchor_B_2"></a><a href="#Footnote_B_2" class="fnanchor">[B]</a><br /></span> +<span class="i6">My voice is hoarse with rust.<br /></span> +</div><div class="stanza"> +<span class="i0">"Yet once I played my part in law proceedings,<br /></span> +<span class="i2">And writers wrote of one they never saw,<br /></span> +<span class="i0">I gave their point to formulæ and pleadings,<br /></span> +<span class="i6">I lived but in the law."<br /></span> +</div><div class="stanza"> +<span class="i0">The second had a countenance perfidious;<br /></span> +<span class="i2">What wonder? Prætors launched their formulæ<br /></span> +<span class="i0">In vain against Numerius Negidius,<br /></span> +<span class="i6">And not a whit cared he.<span class='pagenum'><a name="Page_17" id="Page_17">[17]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">With voice of high contempt he greeted Aulus;<br /></span> +<span class="i2">"In interdicts thou wast mine enemy,<br /></span> +<span class="i0">Once passed no day that students did not call us<br /></span> +<span class="i6">As parties, me and thee.<br /></span> +</div><div class="stanza"> +<span class="i0">"On paper I was plaintiff or defendant,<br /></span> +<span class="i2">On paper thou wast evermore the same;<br /></span> +<span class="i0">We lived apart, a life that was transcendant,<br /></span> +<span class="i6">For it was but a name.<br /></span> +</div><div class="stanza"> +<span class="i0">"I hate thee, Aulus, hate thee," low he muttered,<br /></span> +<span class="i2">"It was by thee that I was always tricked,<br /></span> +<span class="i0">My unsubstantial bread I ate unbuttered<br /></span> +<span class="i6">In dread of interdict.<br /></span> +</div><div class="stanza"> +<span class="i0">"And yet 'twas but the sentiment I hated:<br /></span> +<span class="i2">Like thee I ne'er was drunk e'en <i>vi</i> or <i>clam</i>,<span class='pagenum'><a name="Page_18" id="Page_18">[18]</a></span><a name="FNanchor_C_3" id="FNanchor_C_3"></a><a href="#Footnote_C_3" class="fnanchor">[C]</a><br /></span> +<span class="i0">With wine that was no wine my thirst was sated.<br /></span> +<span class="i6">Like thee I was a sham."<br /></span> +</div><div class="stanza"> +<span class="i0">Two country hinds in 'broidered smocks next followed,<br /></span> +<span class="i2">Each trundled him a cart-wheel by the spokes,<br /></span> +<span class="i0">Oblivion now their names hath well-nigh swallowed,<br /></span> +<span class="i6">For they were Stiles and Nokes.<br /></span> +</div><div class="stanza"> +<span class="i0">They spake no word, for speech to them was grievous,<br /></span> +<span class="i2">With bovine eyes they supplicated me;<br /></span> +<span class="i0">"We wot not what ye will, but prithee leave us,<br /></span> +<span class="i6">Unlettered folk are we."<br /></span> +</div><div class="stanza"> +<span class="i0">"Go," said I, "simple ones, and break your fallows,<br /></span> +<span class="i2">Crush autumn apples in the cider press,<br /></span> +<span class="i0">Law, gaffer Stiles, thy humble name still hallows,<br /></span> +<span class="i6">Contracted to J. S."<span class='pagenum'><a name="Page_19" id="Page_19">[19]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Another pair of later time succeeded,<br /></span> +<span class="i2">With buckles on their shoes and silken hose,<br /></span> +<span class="i0">A garb that told it was to them who heeded<br /></span> +<span class="i6">John Doe's and Richard Roe's.<br /></span> +</div><div class="stanza"> +<span class="i0">"Ah me! I was a casual ejector,<a name="FNanchor_D_4" id="FNanchor_D_4"></a><a href="#Footnote_D_4" class="fnanchor">[D]</a><br /></span> +<span class="i2">In the brave days of old," I heard one say;<br /></span> +<span class="i0">"I knew Elizabeth, the Lord Protector<br /></span> +<span class="i6">I spake with yesterday."<br /></span> +</div><div class="stanza"> +<span class="i0">To whom in contradiction snarled the other,<br /></span> +<span class="i2">"There was no living blood our veins to fill.<br /></span> +<span class="i0">Both you and I were nought but shadows, brother,<br /></span> +<span class="i6">And we are shadows still."<br /></span> +</div><div class="stanza"> +<span class="i0">Room for a lady, room, as at Megiddo<br /></span> +<span class="i2">The hosts made way for passage of the king,<span class='pagenum'><a name="Page_20" id="Page_20">[20]</a></span><br /></span> +<span class="i0">For from the darkness crept there forth a widow<br /></span> +<span class="i6">In weeds and wedding ring.<br /></span> +</div><div class="stanza"> +<span class="i0">"I am the widow, I, whereof the singers<br /></span> +<span class="i2">Of Scotland sang, their cruel words so smote<br /></span> +<span class="i0">My tender heart, that ofttimes itched my fingers<br /></span> +<span class="i6">To take them by the throat.<br /></span> +</div><div class="stanza"> +<span class="i0">"He scoffed at me, dour bachelor of Glasgow,<a name="FNanchor_E_5" id="FNanchor_E_5"></a><a href="#Footnote_E_5" class="fnanchor">[E]</a><br /></span> +<span class="i2">If I existed not for him, the knave,<br /></span> +<span class="i0">'Twas all his fault who let some bonnie lass go<br /></span> +<span class="i6">Unwedded to her grave."<br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_B_2" id="Footnote_B_2"></a><a href="#FNanchor_B_2"><span class="label">[B]</span></a> 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.</p></div> + +<div class="footnote"><p><a name="Footnote_C_3" id="Footnote_C_3"></a><a href="#FNanchor_C_3"><span class="label">[C]</span></a> <i>Vi</i> and <i>clam</i> were part of the form of the interdict, which was a +mode of procedure by which the prætor settled the right of possession +of landed property.</p></div> + +<div class="footnote"><p><a name="Footnote_D_4" id="Footnote_D_4"></a><a href="#FNanchor_D_4"><span class="label">[D]</span></a> 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.</p></div> + +<div class="footnote"><p><a name="Footnote_E_5" id="Footnote_E_5"></a><a href="#FNanchor_E_5"><span class="label">[E]</span></a> 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, +(<i>Journal of Jurisprudence</i>, vol. xxii. p. 155), "My Widow," by David +Crichton (<i>id.</i> vol. xxiv. p. 51).</p></div> + +<hr /><p><span class='pagenum'><a name="Page_21" id="Page_21">[21]</a></span></p> + +<div class="fighd"> +<img src="images/003.png" width="502" height="91" alt="" title="" /> +</div> + +<h2>The Squire's Daughter</h2> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0"><span class="smcap">We</span> crawled about the nursery<br /></span> +<span class="i2">In tenderest years in tether,<br /></span> +<span class="i0">At six we waded in the sea<br /></span> +<span class="i2">And caught our colds together.<br /></span> +</div><div class="stanza"> +<span class="i0">At ten we practised playing at<br /></span> +<span class="i2">A kind of heathen cricket,<br /></span> +<span class="i0">A croquet mallet was the bat,<br /></span> +<span class="i2">The Squire's old hat the wicket.<br /></span> +</div><div class="stanza"> +<span class="i0">At twelve, the cricket waxing slow,<br /></span> +<span class="i2">With home-made bow and arrow<br /></span> +<span class="i0">We took to shooting—once I know<br /></span> +<span class="i2">I all but hit a sparrow.<span class='pagenum'><a name="Page_22" id="Page_22">[22]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">She took birds' nests from easy trees,<br /></span> +<span class="i2">I climbed the oaks and ashes,<br /></span> +<span class="i0">'Twas deadly work for hands and knees,<br /></span> +<span class="i2">Deplorable for sashes.<br /></span> +</div><div class="stanza"> +<span class="i0">At hide and seek one summer day<br /></span> +<span class="i2">We played in merry laughter,<br /></span> +<span class="i0">'Twas then she hid her heart away,<br /></span> +<span class="i2">I never found it after.<br /></span> +</div><div class="stanza"> +<span class="i0">So time slipped by until my call,<br /></span> +<span class="i2">For out of the professions<br /></span> +<span class="i0">I chose the Bar as best of all,<br /></span> +<span class="i2">And joined the Loamshire Sessions.<br /></span> +</div><div class="stanza"> +<span class="i0">The reason for it was that there<br /></span> +<span class="i2">Her father, short and pursy,<br /></span> +<span class="i0">Doled out scant justice in the chair<br /></span> +<span class="i2">And even scanter mercy.<span class='pagenum'><a name="Page_23" id="Page_23">[23]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">As Holofernes lost his head<br /></span> +<span class="i2">To Judith of Bethulia,<br /></span> +<span class="i0">So I fell victim, but instead<br /></span> +<span class="i2">Of Judith it was Julia.<br /></span> +</div><div class="stanza"> +<span class="i0">My speech left juries in the dark,<br /></span> +<span class="i2">Of Julia I was thinking,<br /></span> +<span class="i0">And once I heard a coarse remark<br /></span> +<span class="i2">About a fellow drinking.<br /></span> +</div><div class="stanza"> +<span class="i0">I practised verse in leisure time<br /></span> +<span class="i2">Both in and out of season,<br /></span> +<span class="i0">It was indubitably rhyme,<br /></span> +<span class="i2">Occasionally reason.<br /></span> +</div><div class="stanza"> +<span class="i0">I lacked the cheek to tell my woes,<br /></span> +<span class="i2">Had not concealment fed on<br /></span> +<span class="i0">My damask cheek, but left my nose<br /></span> +<span class="i2">With twice its share of red on?<span class='pagenum'><a name="Page_24" id="Page_24">[24]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Too horrible was this suspense,<br /></span> +<span class="i2">At last, in desperation<br /></span> +<span class="i0">I went to Loamshire on pretence<br /></span> +<span class="i2">Of death of a relation.<br /></span> +</div><div class="stanza"> +<span class="i0">The Squire was beaming; "Julia's gone<br /></span> +<span class="i2">To London for a visit,<br /></span> +<span class="i0">But with a wedding coming on<br /></span> +<span class="i2">That's not surprising, is it?<br /></span> +</div><div class="stanza"> +<span class="i0">"Old friends like you will think, no doubt,<br /></span> +<span class="i2">That she is young to marry,<br /></span> +<span class="i0">But ever since she first came out,<br /></span> +<span class="i2">She's been engaged to Harry."<br /></span> +</div></div> + +<div class="figcenter" style="width: 144px;"> +<img src="images/005.png" width="144" height="57" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_25" id="Page_25">[25]</a></span></p> +<h2>Her Letter in Chambers</h2> + +<div class="poem" style="width: 21em;"><div class="stanza"> +<span class="i0"><span class="smcap">I sat</span> by the fire and watched it blaze,<br /></span> +<span class="i2">And dreamed that she wrote me a letter,<br /></span> +<span class="i0">And for that dream to the end of my days<br /></span> +<span class="i2">To Fancy I owe myself debtor.<br /></span> +</div><div class="stanza"> +<span class="i0">Next day there came the postman's knock,<br /></span> +<span class="i2">The morning was bright and sunny,<br /></span> +<span class="i0">And showed me a sheaf of circulars, stock<br /></span> +<span class="i2">Attempts to get hold of my money.<br /></span> +</div><div class="stanza"> +<span class="i0">'Mid correspondence of this dull kind<br /></span> +<span class="i2">A dainty notelet lay hidden,<br /></span> +<span class="i0">It seemed as though it had half a mind<br /></span> +<span class="i2">To consider itself forbidden.<br /></span> +</div><div class="stanza"> +<span class="i0">The writing was like herself, complete,<br /></span> +<span class="i2">With a touch of her queenly bearing,<br /></span> +<span class="i0">So Venus wrote when she ordered in Crete<br /></span> +<span class="i2">Her doves to take her an airing.<span class='pagenum'><a name="Page_26" id="Page_26">[26]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Inside it was just as promising,<br /></span> +<span class="i2">'Twas a pressing invitation<br /></span> +<span class="i0">To dine at her house to-morrow, and bring<br /></span> +<span class="i2">My book for her approbation.<br /></span> +</div><div class="stanza"> +<span class="i0">For I have published, be it confessed,<br /></span> +<span class="i2">A little volume of verses,<br /></span> +<span class="i0">And in the volume whatever is best<br /></span> +<span class="i2">The praise of herself rehearses.<br /></span> +</div><div class="stanza"> +<span class="i0">I sit by the fire, and again I dream<br /></span> +<span class="i2">A happier dream than ever,<br /></span> +<span class="i0">I see her beautiful eyes soft gleam<br /></span> +<span class="i2">As she murmurs, "How lovely—how clever!"<br /></span> +</div><div class="stanza"> +<span class="i0">Her criticism may be commonplace,<br /></span> +<span class="i2">But who can be angry after<br /></span> +<span class="i0">Now sweet with pity he marks her face,<br /></span> +<span class="i2">Now bright with impulsive laughter?<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_27" id="Page_27">[27]</a></span></p> +<h2>Law and Poetry</h2> + +<div class="poem" style="width: 16em;"><div class="stanza"> +<span class="i0"><span class="smcap">In</span> days of old did law and rime<br /></span> +<span class="i2">A common pathway follow,<br /></span> +<span class="i0">For Themis in the mythic time<br /></span> +<span class="i2">Was sister of Apollo.<br /></span> +</div><div class="stanza"> +<span class="i0">The Hindu statutes tripped in feet<br /></span> +<span class="i2">As daintily as Dryads,<br /></span> +<span class="i0">And law in Wales to be complete<br /></span> +<span class="i2">Was versified in triads.<br /></span> +</div><div class="stanza"> +<span class="i0">The wise Alfonso of Castile<br /></span> +<span class="i2">Composed his code in metre<br /></span> +<span class="i0">Thereby to make its flavour feel<br /></span> +<span class="i2">A little bit the sweeter.<br /></span> +</div><div class="stanza"> +<span class="i0">But law and rime were found to be<br /></span> +<span class="i2">A trifle inconsistent,<br /></span> +<span class="i0">And now in statutes poetry<br /></span> +<span class="i2">Is wholly non-existent.<span class='pagenum'><a name="Page_28" id="Page_28">[28]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Still here and there some advocate<br /></span> +<span class="i2">Before his fellows know it<br /></span> +<span class="i0">Has had bestowed on him by fate<br /></span> +<span class="i2">The laurel of the poet.<br /></span> +</div><div class="stanza"> +<span class="i0">Let him who has been honoured so,<br /></span> +<span class="i2">In truth a <i>rara avis</i>,<br /></span> +<span class="i0">Find precedents in Cicero<br /></span> +<span class="i2">And our Chief Justice Davis;<br /></span> +</div><div class="stanza"> +<span class="i0">And more than all in Cino; he,<br /></span> +<span class="i2">So plaintive a narrator<br /></span> +<span class="i0">Of fair Selvaggia's cruelty,<br /></span> +<span class="i2">Won fame as a glossator.<br /></span> +</div><div class="stanza"> +<span class="i0">Let him remember Thomas More<br /></span> +<span class="i2">And Scott and Alciatus,<br /></span> +<span class="i0">And Grotius with an ample store<br /></span> +<span class="i2">Of most divine afflatus.<span class='pagenum'><a name="Page_29" id="Page_29">[29]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">But let him, if his bread and cheese<br /></span> +<span class="i2">Depend on his profession,<br /></span> +<span class="i0">Bethink him that the art of these<br /></span> +<span class="i2">Was not their sole possession.<br /></span> +</div><div class="stanza"> +<span class="i0">The stream that flows from Helicon<br /></span> +<span class="i2">Is scarcely a Pactolus,<br /></span> +<span class="i0">A richer prize is theirs who con<br /></span> +<span class="i2">Dull treatises on <i>dolus</i>.<br /></span> +</div><div class="stanza"> +<span class="i0">'Tis well that some bold spirits dare<br /></span> +<span class="i2">To cut themselves asunder<br /></span> +<span class="i0">From bonds of law like old Molière,<br /></span> +<span class="i2">While lawyers gaze in wonder.<br /></span> +</div><div class="stanza"> +<span class="i0">The world had been a poorer place<br /></span> +<span class="i2">Had Goethe lived by pleading<br /></span> +<span class="i0">Or Tasso won a hopeless case<br /></span> +<span class="i2">With Ariosto leading.<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_30" id="Page_30">[30]</a></span></p> + +<div class="fighd" style="width: 509px;"> +<img src="images/006.png" width="501" height="94" alt="" title="" /> +</div> + +<h2>Somewhere</h2> + +<div class="poem"><div class="stanza"> +<span class="i0"><span class="smcap">Somewhere</span> in a distant star,<br /></span> +<span class="i0">Cities of Cocaigne there are,<br /></span> +<span class="i0">Paradises of the Bar.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere 'neath another sun<br /></span> +<span class="i0">Counsel cease to see the fun<br /></span> +<span class="i0">Lurking in a judge's pun.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere courts are fair to see,<br /></span> +<span class="i0">Beauty joins utility,<br /></span> +<span class="i0">Ushers answer courteously.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere there are bailiwicks<br /></span> +<span class="i0">Which for dock defences fix<br /></span> +<span class="i0">Nothing under three-five-six.<span class='pagenum'><a name="Page_31" id="Page_31">[31]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere rises struggle sore<br /></span> +<span class="i0">For revisorships no more,<br /></span> +<span class="i0">Every shire has half a score.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere educated thought<br /></span> +<span class="i0">Scientifically taught<br /></span> +<span class="i0">Cross-examines as it ought.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere judgments are obeyed,<br /></span> +<span class="i0">Executions are not stayed,<br /></span> +<span class="i0">Fees are almost always paid.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere County Councils press<br /></span> +<span class="i0">Banquets on the circuit mess,<br /></span> +<span class="i0">Fleshpots in the wilderness.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere at Assizes grow<br /></span> +<span class="i0">Prosecutions row on row,<br /></span> +<span class="i0">Every man has six or so.<span class='pagenum'><a name="Page_32" id="Page_32">[32]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere, eager but for right,<br /></span> +<span class="i0">Court and counsel cease to cite<br /></span> +<span class="i0">Pointless cases recondite.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere headnotes give the ground<br /></span> +<span class="i0">Whereupon the judges found<br /></span> +<span class="i0">Judgments generally sound.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere juries use their sense,<br /></span> +<span class="i0">Basing on the evidence<br /></span> +<span class="i0">Verdicts of intelligence.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere rich embroideries<br /></span> +<span class="i0">Woven cunningly of lies<br /></span> +<span class="i0">Part in twain at truth's clear eyes.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere justice grows from wrong,<br /></span> +<span class="i0">Till the right that suffered long<br /></span> +<span class="i0">Sings at last its triumph song.<span class='pagenum'><a name="Page_33" id="Page_33">[33]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere—even in a place<br /></span> +<span class="i0">Peopled by a perfect race—<br /></span> +<span class="i0">One side holds a losing case.<br /></span> +</div><div class="stanza"> +<span class="i0">Somewhere since the world began<br /></span> +<span class="i0">Heaven hath made an honest man,<br /></span> +<span class="i0">Somewhere in Aldebaran.<br /></span> +</div></div> + +<div class="figcenter"> +<img src="images/007.png" width="207" height="118" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_34" id="Page_34">[34]</a></span></p> +<h2>Roman Law</h2> + +<div class="poem" style="width: 22em;"><div class="stanza"> +<span class="i0"><span class="smcap">I am</span> a "coach" in Roman law by fate,<br /></span> +<span class="i2">But Nature must have meant me for a poet,<br /></span> +<span class="i0">And while I struggle with a rule or date,<br /></span> +<span class="i2">Poetic thoughts intrude before I know it.<br /></span> +</div><div class="stanza"> +<span class="i0">The changing sunshine on the summer sea<br /></span> +<span class="i2">Drives forth the law of <i>cessio bonorum</i>,<br /></span> +<span class="i0"><i>Peculium castrense</i> speaks to me<br /></span> +<span class="i2">Of Horace and his <i>Dulce et decorum</i>.<br /></span> +</div><div class="stanza"> +<span class="i0">I see the matine bee among the flowers<br /></span> +<span class="i2">Instead of <i>testamentum militare</i>,<br /></span> +<span class="i0">And wander far away from agent's powers<br /></span> +<span class="i2">To picture me again some Maud or Mary.<br /></span> +</div><div class="stanza"> +<span class="i0">In truth there is no sequence in the thought,<br /></span> +<span class="i2">Why should the title <i>De Societate</i><br /></span> +<span class="i0">Suggest, not trading partners, as it ought,<br /></span> +<span class="i2">But visions of my last night's valse with Katie?<span class='pagenum'><a name="Page_35" id="Page_35">[35]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">But worse than this, when I have done my task,<br /></span> +<span class="i2">Stern law again asserts her domination,<br /></span> +<span class="i0">'Tis cruel 'mid the new-mown hay to bask,<br /></span> +<span class="i2">And find one's mind is running on novation;<br /></span> +</div><div class="stanza"> +<span class="i0">Or in the dusk, when glow-worms light the moss,<br /></span> +<span class="i2">To hear the distant voice of Philomela<br /></span> +<span class="i0">Expound the three varieties of <i>dos</i><br /></span> +<span class="i2">And wax right eloquent about <i>tutela</i>.<br /></span> +</div><div class="stanza"> +<span class="i0">I had a little respite yesterday,<br /></span> +<span class="i2">Dining with one who well knew how to dine us,<br /></span> +<span class="i0">But when I slept, the charm soon fled away,<br /></span> +<span class="i2">I dreamed I was a <i>prætor peregrinus</i>.<br /></span> +</div><div class="stanza"> +<span class="i0">Dismasted in the deep of law I lie,<br /></span> +<span class="i2">A poor reward it is to stand confessed as<br /></span> +<span class="i0">The Virgil of the interdict <i>de vi</i>,<br /></span> +<span class="i2">The Petrarch of the <i>patria potestas</i>.<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_36" id="Page_36">[36]</a></span></p> + +<div class="fighd" style="width: 449px;"> +<img src="images/008.png" width="441" height="107" alt="" title="" /> +</div> + +<h2>Bologna</h2> + +<div class="poem" style="width: 24em;"><div class="stanza"> +<span class="i0"><span class="smcap">I go</span> from colonnade to colonnade<br /></span> +<span class="i2">In streets that Dante trod, and past the towers<br /></span> +<span class="i2">Aslant toward heaven, and listen to the hours<br /></span> +<span class="i0">Chimed by the bells of choirs where Dante prayed.<br /></span> +<span class="i0">They cease; then lo! the foot of time seems stayed<br /></span> +<span class="i2">Five hundred years and more, I find me bowers<br /></span> +<span class="i2">Where sweet and noble ladies weave them flowers<br /></span> +<span class="i0">For one who reads Boccaccio in the shade.<br /></span> +<span class="i0">The cowlèd students halt by two and threes<br /></span> +<span class="i2">To hear the voice come thrilling through the trees,<br /></span> +<span class="i2">Then tear themselves away to themes more trite.<br /></span> +<span class="i0">Anon I mark the diligent hands that turn<br /></span> +<span class="i2">Unlovely parchment scrolls whereby to learn<br /></span> +<span class="i2">The beauty of inexorable right.<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_37" id="Page_37">[37]</a></span></p> + +<div class="fighd" style="width: 445px;"> +<img src="images/009.png" width="437" height="105" alt="" title="" /> +</div> + +<h2>A Garden Party in the Temple</h2> + +<div class="poem" style="width: 19em;"><div class="stanza"> +<span class="i0"><span class="smcap">On</span> hospitable thoughts intent<br /></span> +<span class="i0">To me the Inner Temple sent<br /></span> +<span class="i3">An invitation,<br /></span> +<span class="i0">A garden party 'twas to be,<br /></span> +<span class="i0">And I accepted readily<br /></span> +<span class="i3">And with elation;<br /></span> +<span class="i0">Good reason too, but oft the seeds<br /></span> +<span class="i0">Of reason flower in senseless deeds.<br /></span> +</div><div class="stanza"> +<span class="i0">I stood as savage as a bear,<br /></span> +<span class="i0">For not a human being there<br /></span> +<span class="i3">Knew I from Adam<span class='pagenum'><a name="Page_38" id="Page_38">[38]</a></span><br /></span> +<span class="i0">I heard around in various tones,<br /></span> +<span class="i0">"<i>So</i> glad to see you, Mr. Jones;"<br /></span> +<span class="i3">"Good morning, Madam."<br /></span> +<span class="i0">It seemed so painfully absurd<br /></span> +<span class="i0">To stand and never speak a word.<br /></span> +</div><div class="stanza"> +<span class="i0">I brought my doom upon myself,<br /></span> +<span class="i0">And there I was upon the shelf<br /></span> +<span class="i3">In melancholy.<br /></span> +<span class="i0">Why, say you, did I go at all?<br /></span> +<span class="i0">I once met Chloris at a ball,<br /></span> +<span class="i3">And in my folly<br /></span> +<span class="i0">I went and suffered all this pain<br /></span> +<span class="i0">In hopes to see her once again.<br /></span> +</div><div class="stanza"> +<span class="i0">Of strawberries a pound at least<br /></span> +<span class="i0">I ate, and made myself a beast<br /></span> +<span class="i3">With tea and sherry;<span class='pagenum'><a name="Page_39" id="Page_39">[39]</a></span><br /></span> +<span class="i0">And raspberries I ate and trembled,<br /></span> +<span class="i0">Until I felt that I resembled<br /></span> +<span class="i3">Myself a berry,<br /></span> +<span class="i0">But 'twas the berry that at school<br /></span> +<span class="i0">We used to call a gooseberry fool.<br /></span> +</div><div class="stanza"> +<span class="i0">The I. C. R. V.<a name="FNanchor_F_6" id="FNanchor_F_6"></a><a href="#Footnote_F_6" class="fnanchor">[F]</a> band droned on,<br /></span> +<span class="i0">While guests had come and guests had gone<br /></span> +<span class="i3">Since my arrival;<br /></span> +<span class="i0">My brow grew gloomier with despair,<br /></span> +<span class="i0">And on it sat the guilty air<br /></span> +<span class="i3">Of a survival<br /></span> +<span class="i0">Of some remorse for ancient crimes<br /></span> +<span class="i0">Wrought in the pre-historic times.<br /></span> +</div><div class="stanza"> +<span class="i0">My seventh cup of tea was done,<br /></span> +<span class="i0">My seventh glass of wine begun,<br /></span> +<span class="i3">Then of her coming<span class='pagenum'><a name="Page_40" id="Page_40">[40]</a></span><br /></span> +<span class="i0">I was aware, nor shall forget<br /></span> +<span class="i0">How she and that brown sherry set<br /></span> +<span class="i3">My brains a-humming;<br /></span> +<span class="i0">Well should I be rewarded soon<br /></span> +<span class="i0">For all the weary afternoon.<br /></span> +</div><div class="stanza"> +<span class="i0">Her eyes looked vaguely into mine<br /></span> +<span class="i0">Without as much as half a sign<br /></span> +<span class="i3">Of recognition.<br /></span> +<span class="i0">My heart, my heart! the blow was sore,<br /></span> +<span class="i0">But you have often been before<br /></span> +<span class="i3">In this condition;<br /></span> +<span class="i0">As said the bard of old, those eyes<br /></span> +<span class="i0">Are not my only Paradise.<a name="FNanchor_G_7" id="FNanchor_G_7"></a><a href="#Footnote_G_7" class="fnanchor">[G]</a><br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_F_6" id="Footnote_F_6"></a><a href="#FNanchor_F_6"><span class="label">[F]</span></a> Inns of Court Rifle Volunteers.</p></div> + +<div class="footnote"><p><a name="Footnote_G_7" id="Footnote_G_7"></a><a href="#FNanchor_G_7"><span class="label">[G]</span></a> Dante, Par. xviii. 21.</p></div> + +<hr /><p><span class='pagenum'><a name="Page_41" id="Page_41">[41]</a></span></p> +<h2>The Spinning-House of the Future</h2> + +<p class="center">"Cada puta hile."—<i>Don Quixote</i>, i. 46.</p> + +<div class="poem" style="width: 19em;"><div class="stanza"> +<span class="i0"><span class="smcap">Without</span> my dinner here I lie,<br /></span> +<span class="i3">And all because that proctor<br /></span> +<span class="i0">With her stout bull-dogs passed, and I<br /></span> +<span class="i8">Mocked her.<br /></span> +</div><div class="stanza"> +<span class="i0">For Clara is at Girton too,<br /></span> +<span class="i3">That dragon is her tutor,<br /></span> +<span class="i0">I threatened once what I would do,<br /></span> +<span class="i8">Shoot her.<br /></span> +</div><div class="stanza"> +<span class="i0">Her life by Clara's tears was saved,<br /></span> +<span class="i3">Wherefore she doth detest me,<br /></span> +<span class="i0">And hither hungry and unshaved<br /></span> +<span class="i8">Pressed me.<br /></span> +</div><div class="stanza"> +<span class="i0">I would that I could have commenced<br /></span> +<span class="i3">An action 'gainst that devil,<span class='pagenum'><a name="Page_42" id="Page_42">[42]</a></span><br /></span> +<span class="i0">Like that once brought by Kemp against<br /></span> +<span class="i8">Neville.<a name="FNanchor_H_8" id="FNanchor_H_8"></a><a href="#Footnote_H_8" class="fnanchor">[H]</a><br /></span> +</div><div class="stanza"> +<span class="i0">To her I owe the statute framed<br /></span> +<span class="i3">That one against it sinning<br /></span> +<span class="i0">Should dwell within the house that's named<br /></span> +<span class="i8">Spinning.<br /></span> +</div><div class="stanza"> +<span class="i0">Ah me! it runs in sections three:<br /></span> +<span class="i3">Who speaks to Girton student<br /></span> +<span class="i0">Is fined to teach him how to be<br /></span> +<span class="i8">Prudent.<br /></span> +</div><div class="stanza"> +<span class="i0">Who loves a Girton girl must do<br /></span> +<span class="i3">Twelve months on bread and water,<br /></span> +<span class="i0">From a digestive point of view<br /></span> +<span class="i8">Slaughter.<span class='pagenum'><a name="Page_43" id="Page_43">[43]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Who kisses her commits a crime<br /></span> +<span class="i3">By hanging expiated,<br /></span> +<span class="i0">And she in tears must spend her time<br /></span> +<span class="i8">Gated.<br /></span> +</div><div class="stanza"> +<span class="i0">Would that at Oxford I had been,<br /></span> +<span class="i3">At Balliol or at Merton,<br /></span> +<span class="i0">And then I never should have seen<br /></span> +<span class="i8">Girton.<br /></span> +</div><div class="stanza"> +<span class="i0">Go down I must, no more shall I<br /></span> +<span class="i3">And Clara cross the same bridge;<br /></span> +<span class="i0">Still, Granta, art thou her and my<br /></span> +<span class="i8">Cambridge.<br /></span> +</div><div class="stanza"> +<span class="i0">Some day on this her eyes may light,<br /></span> +<span class="i3">This doggerel stiff and jointless,<br /></span> +<span class="i0">And she may own it is not quite<br /></span> +<span class="i8">Pointless.<br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_H_8" id="Footnote_H_8"></a><a href="#FNanchor_H_8"><span class="label">[H]</span></a> 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 <i>inter alia</i> +that no action lies against a judge for a judicial decision on a matter +within his jurisdiction (10 Common Bench Reports, New Series, 523).</p></div> + +<hr /><p><span class='pagenum'><a name="Page_44" id="Page_44">[44]</a></span></p> + +<div class="fighd"> +<img src="images/001.png" width="502" height="93" alt="" title="" /> +</div> + +<h2>How we found our Verdict</h2> + +<div class="poem" style="width: 22em;"><div class="stanza"> +<span class="i0"><span class="smcap">We</span> sat in the jury-box, twelve were we all,<br /></span> +<span class="i0">And the clock was just pointing to ten in the hall,<br /></span> +<span class="i0">His Lordship he bowed to the jury, and we<br /></span> +<span class="i0">Bowed back to his Lordship as gravely as he.<br /></span> +</div><div class="stanza"> +<span class="i0">The case of <i>De Weller</i> v. <i>Jones</i> was the first,<br /></span> +<span class="i0">And we all settled down and prepared for the worst<br /></span> +<span class="i0">When old Smithers, Q.C., began slowly to preach<br /></span> +<span class="i0">Of a promise of marriage and action for breach.<br /></span> +</div><div class="stanza"> +<span class="i0">A barmaid the plaintiff was, wondrous the skill<br /></span> +<span class="i0">Wherewith she was wont her tall tankards to fill,<br /></span> +<span class="i0">The defendant, a publican, sought for his bride<br /></span> +<span class="i0">Such a paragon, urged by professional pride.<span class='pagenum'><a name="Page_45" id="Page_45">[45]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">But the course of true love ran no smoother for her<br /></span> +<span class="i0">Than the Pas de Calais or the bark of a fir,<br /></span> +<span class="i0">The defendant discovered a widow with gold<br /></span> +<span class="i0">In the bank and the plaintiff was left in the cold.<br /></span> +</div><div class="stanza"> +<span class="i0">An hour Smithers spoke, and he said that the heart<br /></span> +<span class="i0">Of the plaintiff at Jones's fell touch flew apart,<br /></span> +<span class="i0">But a cheque for a thousand might help to repair<br /></span> +<span class="i0">The destruction effected by love and despair.<br /></span> +</div><div class="stanza"> +<span class="i0">Miss de Weller was called, and in ladylike tones<br /></span> +<span class="i0">She described all the injury suffered from Jones,<br /></span> +<span class="i0">How he called her at first "Angelina," and this<br /></span> +<span class="i0">Soon cooled to "Miss Weller," and lastly to "Miss."<br /></span> +</div><div class="stanza"> +<span class="i0">But the jury were shaken a little when Gore<br /></span> +<span class="i0">Cross-examined about her engagements before,<br /></span> +<span class="i0">For Jones was the sixth of the strings to her bow<br /></span> +<span class="i0">And with five other verdicts she solaced her woe.<span class='pagenum'><a name="Page_46" id="Page_46">[46]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">Re-examined by Smithers, she won us again,<br /></span> +<span class="i0">For the tears of a maid are a terror to men,<br /></span> +<span class="i0">Then his Lordship awoke from his nap and explained<br /></span> +<span class="i0">How love that is frequent is love that is feigned.<br /></span> +</div><div class="stanza"> +<span class="i0">Miss de Weller looked daggers, and under the paint<br /></span> +<span class="i0">Of her cheeks she grew pale and fell down in a faint,<br /></span> +<span class="i0">She played her trump-card in the late afternoon,<br /></span> +<span class="i0">For damages satisfy girls who can swoon.<br /></span> +</div><div class="stanza"> +<span class="i0">Till she fainted most thought that a farthing would do,<br /></span> +<span class="i0">Though I was in favour of pounds—one or two;<br /></span> +<span class="i0">But after the faint—and she <i>was</i> so well dressed—<br /></span> +<span class="i0">At a hundred the void in her heart was assessed.<br /></span> +</div></div> + +<div class="figcenter" style="width: 136px;"> +<img src="images/010.png" width="136" height="67" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_47" id="Page_47">[47]</a></span></p> +<h2>A Greek Libel</h2> + +<div class="poem" style="width: 15em;"> +<p class="center"><span class="smcap">Archilochus.</span></p><div class="stanza"> +<span class="i0"><span class="smcap">Neobule</span>, yesternight<br /></span> +<span class="i0">Saw I thee in beauty dight,<br /></span> +<span class="i0">On thy head a myrtle spray<br /></span> +<span class="i0">Cast its shadow as the day<br /></span> +<span class="i0">By the stars was put to flight.<br /></span> +<span class="i0">Twining on thy temples white<br /></span> +<span class="i0">Roses gave the myrtle light,<br /></span> +<span class="i0">Sign thou wilt not say me nay,<br /></span> +<span class="i6">Neobule.<br /></span> +<span class="i0">Loosened from its coilèd height<br /></span> +<span class="i0">Streamed thy hair in thy despite<br /></span> +<span class="i0">On thy shoulders soft to stray<br /></span> +<span class="i0">And to bid the bard essay<br /></span> +<span class="i0">Never but of thee to write,<br /></span> +<span class="i6">Neobule.<br /></span> +<span class='pagenum'><a name="Page_48" id="Page_48">[48]</a></span></div></div> + +<div class="poem" style="width: 15em;"> +<p class="center"><span class="smcap">Neobule.</span></p><div class="stanza"> +<span class="i0">Sorry poet, who dost dare<br /></span> +<span class="i0">Cast bold glances on my hair,<br /></span> +<span class="i0">Let thy most presumptuous eyes<br /></span> +<span class="i0">Seek another enterprise,<br /></span> +<span class="i0">Ceasing now to linger there.<br /></span> +<span class="i0">Hearken, I can tell thee where<br /></span> +<span class="i0">Grow the bushes that will spare<br /></span> +<span class="i0">Rods to teach thee humbler guise,<br /></span> +<span class="i6">Sorry poet.<br /></span> +<span class="i0">Know I not that I am fair?<br /></span> +<span class="i0">Need thy halting verse declare<br /></span> +<span class="i0">What my mirror daily cries?<br /></span> +<span class="i0">Rid me of thy silly sighs,<br /></span> +<span class="i0">Rid me of thy hateful stare,<br /></span> +<span class="i6">Sorry poet.<br /></span> +<span class='pagenum'><a name="Page_49" id="Page_49">[49]</a></span></div></div> + +<div class="poem" style="width: 15em;"> +<p class="center"><span class="smcap">Archilochus.</span></p><div class="stanza"> +<span class="i0">Neobule, poets see<br /></span> +<span class="i0">Dreams of things that are to be.<br /></span> +<span class="i0">Vengeance is the poet's trade,<br /></span> +<span class="i0">Come, iambus, to my aid<br /></span> +<span class="i0">'Gainst the fools who scoff at me.<br /></span> +<span class="i0">All the world will laugh with glee<br /></span> +<span class="i0">When they mark my verses free<br /></span> +<span class="i0">Grasp thee like a pillory,<br /></span> +<span class="i0">And thy scorn with scorn repaid,<br /></span> +<span class="i6">Neobule.<br /></span> +<span class="i0">E'en in death thou canst not flee<br /></span> +<span class="i0">From the doom the Fates decree.<br /></span> +<span class="i0">When my satire's keenest blade<br /></span> +<span class="i0">Cuts thee to the heart, fond maid,<br /></span> +<span class="i0">I shall laugh, but what of thee,<br /></span> +<span class="i6">Neobule?<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_50" id="Page_50">[50]</a></span></p> + +<div class="fighd" style="width: 452px;"> +<img src="images/002.png" width="444" height="106" alt="" title="" /> +</div> + +<h2>Le Temps Passé</h2> + +<div class="poem" style="width: 21em;"><div class="stanza"> +<span class="i0"><span class="smcap">Those</span> brave old days when King Abuse did reign<br /></span> +<span class="i0">We sigh for, but we shall not see again.<br /></span> +<span class="i0">Then Eldon sowed the seed of equity<br /></span> +<span class="i0">That grew to bounteous harvest, and with glee<br /></span> +<span class="i0">A Bar of modest numbers shared the grain.<br /></span> +<span class="i0">Then lived the pleaders who could issues feign,<br /></span> +<span class="i0">Who blushed not to aver that France or Spain<br /></span> +<span class="i0">Was in the Ward of Chepe;<a name="FNanchor_I_9" id="FNanchor_I_9"></a><a href="#Footnote_I_9" class="fnanchor">[I]</a> no more can be<br /></span> +<span class="i9">Those brave old days.<span class='pagenum'><a name="Page_51" id="Page_51">[51]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">O'er pauper settlements men fought amain,<br /></span> +<span class="i0">And golden guineas followed in their train,<br /></span> +<span class="i0">John Doe then flourished like a lusty tree,<br /></span> +<span class="i0">And Richard Roe brought many a noble fee,<br /></span> +<span class="i0">We mourn in unremunerated pain<br /></span> +<span class="i9">Those brave old days.<br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_I_9" id="Footnote_I_9"></a><a href="#FNanchor_I_9"><span class="label">[I]</span></a> See, for instance, the well-known case of <i>Mostyn</i> v. <i>Fabrigas</i>, 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.</p></div> + +<div class="figcenter"> +<img src="images/011.png" width="207" height="103" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_52" id="Page_52">[52]</a></span></p> + +<div class="fighd"> +<img src="images/003.png" width="502" height="91" alt="" title="" /> +</div> + +<h2>Lawn Tennis in the Temple Gardens</h2> + +<div class="poem" style="width: 24em;"><div class="stanza"> +<span class="i0"><span class="smcap">Not</span> in contempt but to our sport inclined<br /></span> +<span class="i0">Smile on us, shades of Judges short and tall<br /></span> +<span class="i0">Portrayed on windows of the Temple Hall;<br /></span> +<span class="i0">There was a time that ye grave thoughts resigned,<br /></span> +<span class="i0">Then, warm with sack, the Serjeants' hearts waxed kind,<br /></span> +<span class="i0">In mirth Lords Keepers danced the galliard all,<br /></span> +<span class="i8">Not in contempt.<br /></span> +</div><div class="stanza"> +<span class="i0">Of pleasures past the shadows here we find,<br /></span> +<span class="i0">Gay strife on brighter swards we thus recall,<br /></span> +<span class="i0">Where maiden laughter winged the flying ball;<br /></span> +<span class="i0">Declare us, fair ones, with a merry mind<br /></span> +<span class="i8">Not in contempt.<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_53" id="Page_53">[53]</a></span></p> + +<div class="fighd" style="width: 449px;"> +<img src="images/008.png" width="441" height="107" alt="" title="" /> +</div> + +<h2>A Ballade of Lost Law</h2> + +<div class="poem"><p class="center">(<i>Spirit of Lord Eldon speaks</i>)</p><div class="stanza"> +<span class="i0"><span class="smcap">This</span> England is gone staring mad,<br /></span> +<span class="i0">She hath abolished Chancery,<a name="FNanchor_J_10" id="FNanchor_J_10"></a><a href="#Footnote_J_10" class="fnanchor">[J]</a><br /></span> +<span class="i0">See the long lines of suitors, sad<br /></span> +<span class="i0">To find themselves unwontedly<br /></span> +<span class="i0">After one day of trial free.<br /></span> +<span class="i0">Pleading and seals have gone their way.<br /></span> +<span class="i0">"I know," said I, "that after me<br /></span> +<span class="i0">Too quickly comes the evil day."<br /></span> +</div><span class='pagenum'><a name="Page_54" id="Page_54">[54]</a></span></div> + +<div class="poem"><p class="center">(<i>Spirit of Lord Lyndhurst speaks</i>)</p><div class="stanza"> +<span class="i0">I was Chief Baron, and I had<br /></span> +<span class="i0">A Court of Law and Equity,<a name="FNanchor_K_11" id="FNanchor_K_11"></a><a href="#Footnote_K_11" class="fnanchor">[K]</a><br /></span> +<span class="i0">The Courts at Westminster were clad<br /></span> +<span class="i0">With ancient glory fair to see.<br /></span> +<span class="i0">Now County Courts have come to be<br /></span> +<span class="i0">Exalted high on our decay,<br /></span> +<span class="i0">And every whit as good as we;<br /></span> +<span class="i0">Too quickly comes the evil day.<br /></span> +</div></div> + +<div class="poem"><p class="center">(<i>Shade of Butler speaks</i>)</p><div class="stanza"> +<span class="i0">In days of yore we used to pad<br /></span> +<span class="i0">Our deeds with words of certainty;<br /></span> +<span class="i0">Alas! that now the office lad<br /></span> +<span class="i0">Is qualified to grant in fee!<span class='pagenum'><a name="Page_55" id="Page_55">[55]</a></span><br /></span> +<span class="i0">Lost is our old supremacy,<br /></span> +<span class="i0">Lost is the delicate display<br /></span> +<span class="i0">Of learning on <i>pur autre vie</i>;<br /></span> +<span class="i0">Too quickly comes the evil day.<br /></span> +</div></div> + +<div class="poem"><p class="center"><span class="smcap">L'Envoi</span></p> +<p class="center">(<i>The Three in Chorus</i>)</p><div class="stanza"> +<span class="i0">Thurlow, to thee we bend the knee,<br /></span> +<span class="i0">When law was law, then men were gay,<br /></span> +<span class="i0">'Tis down with port and up with tea,<br /></span> +<span class="i0">Too quickly comes the evil day.<br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_J_10" id="Footnote_J_10"></a><a href="#FNanchor_J_10"><span class="label">[J]</span></a> The Court of Chancery was merged in the High Court of Justice +in 1875.</p></div> + +<div class="footnote"><p><a name="Footnote_K_11" id="Footnote_K_11"></a><a href="#FNanchor_K_11"><span class="label">[K]</span></a> In the days of Lord Lyndhurst the old Court of Exchequer had +equitable as well as common law jurisdiction.</p></div> + +<div class="figcenter" style="width: 294px;"> +<img src="images/012.png" width="294" height="82" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_56" id="Page_56">[56]</a></span></p> + +<div class="fighd" style="width: 445px;"> +<img src="images/009.png" width="437" height="105" alt="" title="" /> +</div> + +<h2>Comœdia Juris</h2> + +<div class="poem"><div class="stanza"> +<span class="i0"><span class="smcap">Est</span> omne jus forense quasi comœdia;<br /></span> +<span class="i0">Hic advocatus maximas partes agit<br /></span> +<span class="i0">Laudatus undique a procuratoribus,<br /></span> +<span class="i0">Labore vocis redditus ditissimus;<br /></span> +<span class="i0">Cui brevia nil forensis et quaestus valent<br /></span> +<span class="i0">Silenter ille spectat, at pro præmio<br /></span> +<span class="i0">Fruitur quietus optime comœdia.<br /></span> +</div></div> + +<div class="figcenter" style="width: 129px;"> +<img src="images/013.png" width="129" height="83" alt="" title="" /> +</div> + +<hr /><p><span class='pagenum'><a name="Page_57" id="Page_57">[57]</a></span></p> +<h2>Cases</h2> + +<hr /><p><span class='pagenum'><a name="Page_59" id="Page_59">[59]</a></span></p> + +<div class="fighd" style="width: 509px;"> +<img src="images/006.png" width="501" height="94" alt="" title="" /> +</div> + +<h2>Cases</h2> + +<h3>MYLWARD <i>v.</i> WELDON</h3> + +<div class="blockquot"><p>[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 <i>Equitable Jurisdiction</i>, vol. i. p. 376.]</p></div> + +<div class="poem" style="width: 20em;"><div class="stanza"> +<span class="i0"><span class="smcap">'Gainst</span> Weldon Mylward files a bill,<br /></span> +<span class="i0">But doth his replication fill<br /></span> +<span class="i0">With scandalous and idle matter,<br /></span> +<span class="i0">That would disgrace the maddest hatter.<br /></span> +<span class="i8">Woe is me for Mylward!<span class='pagenum'><a name="Page_60" id="Page_60">[60]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">'Twas sixscore sheets, it might have been<br /></span> +<span class="i0">Contained, and amply, in sixteen;<br /></span> +<span class="i0">So after that the court hath risen<br /></span> +<span class="i0">Must Mylward Fleetward go to prison.<br /></span> +<span class="i8">Woe is me for Mylward!<br /></span> +</div><div class="stanza"> +<span class="i0">And two days afterwards 'tis meet<br /></span> +<span class="i0">That by the Warden of the Fleet<br /></span> +<span class="i0">He be led on in slow progression<br /></span> +<span class="i0">Through every court that sits in session.<br /></span> +<span class="i8">Woe is me for Mylward!<br /></span> +</div><div class="stanza"> +<span class="i0">The pleading writ with words so fair<br /></span> +<span class="i0">Must Mylward like a tabard wear,<br /></span> +<span class="i0">A hole therein, the Warden cuts it,<br /></span> +<span class="i0">A head put through it, Mylward puts it.<br /></span> +<span class="i8">Woe is me for Mylward!<span class='pagenum'><a name="Page_61" id="Page_61">[61]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">The bar makes merry at his shame;<br /></span> +<span class="i0">What careth he? He winneth fame,<br /></span> +<span class="i0">Three hundred years his reputation<br /></span> +<span class="i0">Hath rested on that replication.<br /></span> +<span class="i8">Woe is me for Mylward!<br /></span> +</div></div> + +<h3>HAMPDEN <i>v.</i> WALSH</h3> + +<p class="center">(1 Queen's Bench Division, 189)</p> + +<div class="poem" style="width: 20em;"><div class="stanza"> +<span class="i0">"<span class="smcap">Five</span> hundred pounds as stake I'll lay,"<br /></span> +<span class="i0">Says Hampden, "that by such a day<br /></span> +<span class="i0">No man of science proves to me<br /></span> +<span class="i0">That earth not flat but round must be;<br /></span> +<span class="i0">The earth is flat, and flats are they."<br /></span> +<span class="i0">The sum Walsh holds right willingly;<br /></span> +<span class="i0">But Wallace by philosophy<br /></span> +<span class="i0">Proves roundness, and would take away<br /></span> +<span class="i4">Five hundred pounds.<span class='pagenum'><a name="Page_62" id="Page_62">[62]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">"Proof me no proofs," quoth Hampden, "Nay,<br /></span> +<span class="i0">Let Wallace get it if he may,<br /></span> +<span class="i0">I'll sue Walsh for it." So sues he.<br /></span> +<span class="i0">"Let Wallace," hold the judges three,<br /></span> +<span class="i0">"Take nought, let Walsh to Hampden pay<br /></span> +<span class="i4">Five hundred pounds."<br /></span> +</div></div> + +<h3>WILLIS <i>v.</i> THE BISHOP OF OXFORD</h3> + +<p class="center">(2 Probate Division, 192)</p> + +<div class="poem" style="width: 28em;"><div class="stanza"> +<span class="i0"><span class="smcap">Aid</span> me, Muses! my endeavour is to sing a woful song,<br /></span> +<span class="i0">How a very learned bishop in the Arches Court went wrong.<br /></span> +<span class="i0">Aid me, for <i>duplex querela</i> is an uninviting theme,<br /></span> +<span class="i0">And the practice of the Arches raises no poetic dream.<span class='pagenum'><a name="Page_63" id="Page_63">[63]</a></span><br /></span> +<span class="i0">'Tis the Reverend Child Willis, child in name but not in age,<br /></span> +<span class="i0">Comes he to the Court of Arches burning with a noble rage,<br /></span> +<span class="i0">Filing his <i>duplex querela</i>, claiming for himself thereby<br /></span> +<span class="i0">Vicarage of Drayton Parslow, or to know the reason why.<br /></span> +<span class="i0">"Reason why?" the bishop answers; "that is not so far to seek.<br /></span> +<span class="i0">Little Latin have you, Willis, innocent are you of Greek.<br /></span> +<span class="i0">You were specially examined by my good Archdeacon Pott;<br /></span> +<span class="i0">He reported to me promptly, 'Greek and Latin all forgot,<br /></span> +<span class="i0"><i>Non idoneus</i> is Willis, <i>minus et sufficiens</i>,<br /></span> +<span class="i0">He may have a <i>sanum corpus</i>, but he lacks a <i>sana mens</i>.'"<span class='pagenum'><a name="Page_64" id="Page_64">[64]</a></span><br /></span> +<span class="i0">"Nay," says Willis, "such an answer is but trifling with the court,<br /></span> +<span class="i0">I have preached a Latin sermon, and the classics are my forte,<br /></span> +<span class="i0">You must name the books I failed in, you must give me every chance<br /></span> +<span class="i0">Of a fresh examination at the hands of Lord Penzance."<br /></span> +<span class="i0">Lord Penzance supported Willis: "Bishop, you must file," said he,<br /></span> +<span class="i0">"Some more tangible objection, some less vague and general plea.<br /></span> +<span class="i0">As it stands I cannot gather what it is you ploughed him in,<br /></span> +<span class="i0">Whether Hellenistic aorists or the Latin word for sin."<br /></span> +<span class="i0">But alas! the world has never known as yet what Willis did,<br /></span> +<span class="i0">In the breast of the Archdeacon still it lies a secret hid.<span class='pagenum'><a name="Page_65" id="Page_65">[65]</a></span><br /></span> +<span class="i0">Was his Latin prose defective? Did his style of writing show<br /></span> +<span class="i0">More resemblance to Tertullian than to Tullius Cicero?<br /></span> +<span class="i0">Were his dates a little shaky? Could it, could it be that he<br /></span> +<span class="i0">Confidently made Augustine flourish at a date <span class="smcapl">B.C.</span>?<br /></span> +<span class="i0">None will know save Pott, Archdeacon, for alas! the patroness<br /></span> +<span class="i0">Showed no mercy to Child Willis in the day of his distress.<br /></span> +<span class="i0">She revoked the presentation, leaving Willis in the lurch,<br /></span> +<span class="i0">One of undisputed learning preached in Drayton Parslow church.<br /></span> +<span class="i0">Doubly barren was his triumph, it was not a twelve-month ere<br /></span> +<span class="i0">Death set up <i>his</i> Court of Arches, Willis did not triumph there.<br /></span> +</div></div> + +<p><span class='pagenum'><a name="Page_66" id="Page_66">[66]</a></span></p> + +<h3>DASHWOOD <i>v.</i> JERMYN</h3> + +<p class="center">(12 Chancery Division, 776)</p> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0"><span class="smcap">Captain Dashwood</span>, who had been<br /></span> +<span class="i0">In the service of the Queen,<br /></span> +<span class="i0">Sick of "Eyes front" and "Attention,"<br /></span> +<span class="i0">Came to London on his pension.<br /></span> +<span class="i0">At the "Portland" as he stayed,<br /></span> +<span class="i0">Firm the friendship that he made<br /></span> +<span class="i0">With one William Richards, who<br /></span> +<span class="i0">Put up at the "Portland" too.<br /></span> +<span class="i0">Passed six years, then he was wrapped in<br /></span> +<span class="i0">Love's embraces, vanquished captain!<br /></span> +<span class="i0">"Yes," he cried, "I will; no bar shall<br /></span> +<span class="i0">Stop my wedding Edith Marshall."<br /></span> +<span class="i0">But there was a bar, 'twas that<br /></span> +<span class="i0">He was poorer than a rat;<br /></span> +<span class="i0">Indian pensions do not run<br /></span> +<span class="i0">More than just enough for one.<span class='pagenum'><a name="Page_67" id="Page_67">[67]</a></span><br /></span> +<span class="i0">Edith, too, had not a cent,<br /></span> +<span class="i0">Who would pay the rates and rent?<br /></span> +<span class="i0">Two more years, and Richards moved<br /></span> +<span class="i0">(He perchance had sometime loved),<br /></span> +<span class="i0">Promised them an income clear,<br /></span> +<span class="i0">'Twas five hundred pounds a year<br /></span> +<span class="i0">For his life; when he was dead,<br /></span> +<span class="i0">Then ten thousand pounds instead.<br /></span> +<span class="i0">This to Dashwood in a letter<br /></span> +<span class="i0">Wrote he, deeming it was better<br /></span> +<span class="i0">They should marry soon while he<br /></span> +<span class="i0">Lived their happiness to see.<br /></span> +<span class="i0">'Twas a modest sum, but marriage<br /></span> +<span class="i0">May be blest without a carriage,<br /></span> +<span class="i0">Forty pounds a month and more<br /></span> +<span class="i0">Keep the wolf from near the door.<br /></span> +<span class="i0">So they wed for worse or better,<br /></span> +<span class="i0">On the faith of Richards' letter.<span class='pagenum'><a name="Page_68" id="Page_68">[68]</a></span><br /></span> +<span class="i0">Scarcely was a quarter's payment<br /></span> +<span class="i0">Due when mourning was their raiment.<br /></span> +<span class="i0">Richards died. Alas! no cash would<br /></span> +<span class="i0">Find its way to Captain Dashwood.<br /></span> +<span class="i0">Dashwood's head began to swim—<br /></span> +<span class="i0">Not a shilling left to him!<br /></span> +<span class="i0">"Ha, I'll have it still," cried he;<br /></span> +<span class="i0">"Justice dwells in Chancery."<br /></span> +<span class="i0">So the case was straightway taken<br /></span> +<span class="i0">To the court of V.-C. Bacon.<br /></span> +<span class="i0">Vainly Dashwood cash expended<br /></span> +<span class="i0">The executors defended,<br /></span> +<span class="i0">Claiming that what Richards wrote<br /></span> +<span class="i0">Was not worth a five-pound note;<br /></span> +<span class="i0">First because the dead testator<br /></span> +<span class="i0">Well, not wisely, loved the "cratur,"<br /></span> +<span class="i0">More than that, had often been<br /></span> +<span class="i0">In delirium tremens seen;<span class='pagenum'><a name="Page_69" id="Page_69">[69]</a></span><br /></span> +<span class="i0">Secondly, because he signed<br /></span> +<span class="i0">When he did not know his mind;<br /></span> +<span class="i0">Third, because pollicitation<br /></span> +<span class="i0">Is not good consideration.<br /></span> +<span class="i0">Law, of justice independent,<br /></span> +<span class="i0">Gave its judgment for defendant.<br /></span> +<span class="i0">Poorer than he was at first,<br /></span> +<span class="i0">That unhappy plaintiff cursed,<br /></span> +<span class="i0">With a special satisfaction<br /></span> +<span class="i0">Cursed the day he brought his action.<br /></span> +<span class="i0">Would that he'd in India tarried!<br /></span> +<span class="i0">Would that he had never married!<br /></span> +<span class="i0">He, alas, is tied for life<br /></span> +<span class="i0">Pauper to a pauper wife,<br /></span> +<span class="i0">Scarce consoled that on his name<br /></span> +<span class="i0">Equity reports shower fame,<br /></span> +<span class="i0">Bearing down to endless ages<br /></span> +<span class="i0">Dashwood's story on their pages.<br /></span> +</div></div> + +<p><span class='pagenum'><a name="Page_70" id="Page_70">[70]</a></span></p> + +<h3><i>EX PARTE</i> JONES</h3> + +<p class="center">(18 Chancery Division, 109)</p> + +<div class="poem" style="width: 28em;"><div class="stanza"> +<span class="i0"><span class="smcap">Oh</span> for the wily infant who married the widow and made<br /></span> +<span class="i0">Profit of coke and of breeze, and never a penny he paid!<br /></span> +<span class="i0">Oh for the Corporation of Birmingham cheated and snared,<br /></span> +<span class="i0">Taking orders for coke that the widow and infant prepared!<br /></span> +<span class="i0">Oh for the Court of Appeal, and oh for Lords Justices three!<br /></span> +<span class="i0">Oh for the Act that infants from contracts may shake themselves free!<br /></span> +<span class="i0">Oh for the common law with its store of things old and new!<br /></span> +<span class="i0">Birmingham coke is good and good Coke upon Littleton too.<br /></span> +</div></div> + +<p><span class='pagenum'><a name="Page_71" id="Page_71">[71]</a></span></p> + +<h3>FINLAY <i>v.</i> CHIRNEY</h3> + +<p class="center">(20 Queen's Bench Division, 494)</p> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0"><span class="smcap">When</span> love-sick man descends to folly<br /></span> +<span class="i2">And gets engaged, he must not stray,<br /></span> +<span class="i0">The jury takes the part of Polly,<br /></span> +<span class="i2">And if he jilts her, he must pay.<br /></span> +</div><div class="stanza"> +<span class="i0">The only way his fault to cover,<br /></span> +<span class="i2">From damages and costs to fly,<br /></span> +<span class="i0">To leave his jilted lady-lover<br /></span> +<span class="i2">Without an action is—to die!<a name="FNanchor_L_12" id="FNanchor_L_12"></a><a href="#Footnote_L_12" class="fnanchor">[L]</a><br /></span> +</div></div> + +<div class="footnote"><p><a name="Footnote_L_12" id="Footnote_L_12"></a><a href="#FNanchor_L_12"><span class="label">[L]</span></a> 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.</p></div> + +<h3>POLLARD <i>v.</i> PHOTOGRAPHIC COMPANY</h3> + +<p class="center">(40 Chancery Division, 345)</p> + +<div class="poem" style="width: 21em;"><div class="stanza"> +<span class="i0">"<span class="smcap">Shall</span> I take your photograph, my pretty maid?"<br /></span> +<span class="i0">"You may if you like, kind sir," she said.<span class='pagenum'><a name="Page_72" id="Page_72">[72]</a></span><br /></span> +</div><div class="stanza"> +<span class="i0">"Do you like your photograph, my pretty maid?"<br /></span> +<span class="i0">"It is more than flattering, sir," she said.<br /></span> +</div><div class="stanza"> +<span class="i0">"I'll publish your photograph, my pretty maid."<br /></span> +<span class="i0">"Indeed but you won't, kind sir," she said.<br /></span> +</div><div class="stanza"> +<span class="i0">"As a Christmas card, my pretty maid."<br /></span> +<span class="i0">"The very idea, kind sir!" she said.<br /></span> +</div><div class="stanza"> +<span class="i0">"But what if I've done it, my pretty maid?"<br /></span> +<span class="i0">"I'll get an injunction, sir," she said.<br /></span> +</div><div class="stanza"> +<span class="i0">"The law is with you, my pretty maid,"<br /></span> +<span class="i0">The learned judge of the Chancery said.<br /></span> +</div><div class="stanza"> +<span class="i0">"You have proved the negative, my pretty maid,<br /></span> +<span class="i0">A difficult thing in law," he said.<br /></span> +</div></div> + +<p><span class='pagenum'><a name="Page_73" id="Page_73">[73]</a></span></p> +<h3>THE MINNEAPOLIS CASE</h3> + +<p class="center">(<i>Tried in Minnesota in 1892</i>)</p> + +<div class="poem" style="width: 20em;"><div class="stanza"> +<span class="i0"><span class="smcap">Kind</span> reader, tarry here, nor miss<br /></span> +<span class="i0">The law of Minneapolis.<br /></span> +<span class="i0">There was a carpenter called Brown,<br /></span> +<span class="i0">A citizen of that great town,<br /></span> +<span class="i0">Who stood his "inexpressive she"<br /></span> +<span class="i0">A dollar's worth of comedy.<br /></span> +<span class="i0">Was it a Gaiety burlesque,<br /></span> +<span class="i0">Or labour of Norwegian desk?<br /></span> +<span class="i0">Or did they spout in stagey tones<br /></span> +<span class="i0">Morality by H. A. Jones?<br /></span> +<span class="i0">Or tear romance to rags and set it<br /></span> +<span class="i0">In heavy platitudes by Pettit?<br /></span> +<span class="i0">I know not, and it matters not,<br /></span> +<span class="i0">The subject I have clean forgot.<span class='pagenum'><a name="Page_74" id="Page_74">[74]</a></span><br /></span> +<span class="i0">Sufficient that the pair did sit<br /></span> +<span class="i0">In expectation in the pit,<br /></span> +<span class="i0">An expectation not fulfilled,<br /></span> +<span class="i0">'Twas otherwise by fortune willed.<br /></span> +<span class="i0">Before this loving couple sat<br /></span> +<span class="i0">In solitary state a hat—<br /></span> +<span class="i0">A hat, I say, for in their wonder<br /></span> +<span class="i0">They never noticed what was under,<br /></span> +<span class="i0">The wearer must have been a "human,"<br /></span> +<span class="i0">But might have been a man or woman.<br /></span> +<span class="i0">'Twas like a mountain crowned with trees<br /></span> +<span class="i0">Amid the pathless Pyrenees,<br /></span> +<span class="i0">Or like a garden planned by Paxton,<br /></span> +<span class="i0">Or colophon designed by Caxton,<br /></span> +<span class="i0">So intricate the work; and flowers<br /></span> +<span class="i0">Were trained to climb its soaring towers,<br /></span> +<span class="i0">Convolvulus and candytuft,<br /></span> +<span class="i0">And 'mid them water-wagtails stuffed.<span class='pagenum'><a name="Page_75" id="Page_75">[75]</a></span><br /></span> +<span class="i0">Such splendour never yet, I wis,<br /></span> +<span class="i0">Had shone in Minneapolis.<br /></span> +<span class="i0">But Brown was in a sore dilemma,<br /></span> +<span class="i0">A dollar he had paid for Emma<br /></span> +<span class="i0">To see a play, and not a hat;<br /></span> +<span class="i0">A dollar, it was dear at that.<br /></span> +<span class="i0">And Emma—disappointment racked her,<br /></span> +<span class="i0">She never saw a single actor.<br /></span> +<span class="i0">So Brown, with visage thunder-black,<br /></span> +<span class="i0">Demanded both his dollars back.<br /></span> +<span class="i0">The man who took the cash said, "Sonny,<br /></span> +<span class="i0">Our rule is not to give back money.<br /></span> +<span class="i0">But if you'll come another night,<br /></span> +<span class="i0">Maybe you'll get a better sight."<br /></span> +<span class="i0">So Brown went home and nursed his sorrow,<br /></span> +<span class="i0">His writ he issued on the morrow.<br /></span> +<span class="i0">A hundred dollars was his claim,<br /></span> +<span class="i0">And the young lady claimed the same.<span class='pagenum'><a name="Page_76" id="Page_76">[76]</a></span><br /></span> +<span class="i0">The case was argued, on revision<br /></span> +<span class="i0">Of pleadings, this was the decision:<br /></span> +<span class="i0">"The theatre's defence is bad,<br /></span> +<span class="i0">Brown paid for what he never had,<br /></span> +<span class="i0">He paid when in the pit he sat<br /></span> +<span class="i0">To see a play and not a hat.<br /></span> +<span class="i0">To bring defendants to their senses,<br /></span> +<span class="i0">I find for plaintiffs with expenses."<br /></span> +<span class="i0"><i>Justitiæ columna sis</i>,<br /></span> +<span class="i0">Wise judge of Minneapolis!<br /></span> +</div></div> + +<p><span class='pagenum'><a name="Page_77" id="Page_77">[77]</a></span></p> + +<h3>COMMONWEALTH <i>v.</i> MARZYNSKI</h3> + +<p class="center">(21 New England Reports, 228 [Massachusetts, 1893])</p> + +<div class="blockquot"><p>[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.]</p></div> + +<div class="poem" style="width: 25em;"><div class="stanza"> +<span class="i0"><span class="smcap">Against</span> the statutes of the Old Bay State<br /></span> +<span class="i2">Marzynski on a Sunday stood behind<br /></span> +<span class="i2">His counter, well content his gain to find<br /></span> +<span class="i2">In pipes not pills, cigars not carbonate.<br /></span> +<span class="i0">From breakfast till 'twas dusk at half-past eight<br /></span> +<span class="i2">Tobacco cheered this hardened sinner's mind,<br /></span> +<span class="i2">The price of it his pockets, disinclined<br /></span> +<span class="i2">To add their dime to the collection plate.<br /></span> +<span class="i0">The State Attorney claimed the penalty;<br /></span> +<span class="i2">"Cigars are no cigars," said the defence,<br /></span> +<span class="i2">"But drugs, and we have witnesses to prove it."<br /></span> +<span class="i0">"Cigars to be cigars judicially<br /></span> +<span class="i2">We notice, and reject the evidence."<br /></span> +<span class="i2">So said the Court, and spat, and nought could move it.<br /></span> +</div></div> + +<hr /><p><span class='pagenum'><a name="Page_79" id="Page_79">[79]</a></span></p> +<h2>Translations</h2> + +<hr /><p><span class='pagenum'><a name="Page_81" id="Page_81">[81]</a></span></p> + +<div class="fighd" style="width: 429px;"> +<img src="images/014.png" width="421" height="75" alt="" title="" /> +</div> + +<h2>Translations</h2> + +<h3>GREEK ANTHOLOGY</h3> + +<h4><span class="smcapl">X.</span> 48</h4> + +<div class="poem" style="width: 22em;"><div class="stanza"> +<span class="i0"><span class="smcap">Woe</span> to the house whose mistress was a slave!<br /></span> +<span class="i0">So say old saws, my own in aid I crave;<br /></span> +<span class="i0">Woe to the court whose judge once spake for fees,<br /></span> +<span class="i0">Though he were readier than Isocrates!<br /></span> +<span class="i0">An advocate that pleaded once for pelf<br /></span> +<span class="i0">Scarce on the bench forgets his former self.<br /></span> +<p class="td2"><i>Palladas.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 75</h4> + +<div class="poem" style="width: 16em;"><div class="stanza"> +<span class="i0"><span class="smcap">This</span> Olympicus of old<br /></span> +<span class="i0">Had, Sebastus, I am told<br /></span> +<span class="i0">Quite his share of upper gear,<br /></span> +<span class="i0">Nose and chin and eye and ear.<span class='pagenum'><a name="Page_82" id="Page_82">[82]</a></span><br /></span> +<span class="i0">All he lost, and by his fist—<br /></span> +<span class="i0">He became a pugilist.<br /></span> +<span class="i0">Loss of members with it drew<br /></span> +<span class="i0">Loss of patrimony too.<br /></span> +<span class="i0">When his birthright he would claim,<br /></span> +<span class="i0">Into court his brother came<br /></span> +<span class="i0">With a portrait, saying, "Thus<br /></span> +<span class="i0">Looked the old Olympicus."<br /></span> +<span class="i0">None could any likeness see,<br /></span> +<span class="i0">Disinherited was he.<br /></span> +<p class="td2"><i>Lucillus.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 141</h4> + +<div class="poem"><div class="stanza"> +<span class="i0"><span class="smcap">A pig</span>, a goat, an ox I lost:<br /></span> +<span class="i0">I want them back at any cost,<br /></span> +<span class="i0">And so retained, O woful fate!<br /></span> +<span class="i0">Menecles for my advocate.<span class='pagenum'><a name="Page_83" id="Page_83">[83]</a></span><br /></span> +<span class="i0">But tell me, will you, what have these<br /></span> +<span class="i0">In common with Othryades?<br /></span> +<span class="i0">The heroes of Thermopylæ<br /></span> +<span class="i0">Have nought to do with theft from me.<br /></span> +<span class="i0">Against Eutychides I bring<br /></span> +<span class="i0">My action for a trivial thing.<br /></span> +<span class="i0">Let Xerxes rest a little space,<br /></span> +<span class="i0">And leave the Spartans in their place.<br /></span> +<span class="i0">For if you don't put all this by<br /></span> +<span class="i0">I'll go into the streets and cry,<br /></span> +<span class="i0">"The voice of Menecles is big,<br /></span> +<span class="i0">But what about my stolen pig?"<br /></span> +<p class="td2"><i>Lucillus.</i></p></div></div> + +<div class="blockquot"><p>[This Epigram is probably an imitation of that of Martial, on p. <a href="#Page_90">90</a>.]</p></div> + +<h4><span class="smcapl">XI.</span> 143</h4> + +<div class="poem" style="width: 16em;"><div class="stanza"> +<span class="i0"><span class="smcap">Pluto</span> rejected at his gate<br /></span> +<span class="i0">The soul of Mark the advocate;<span class='pagenum'><a name="Page_84" id="Page_84">[84]</a></span><br /></span> +<span class="i0">"No, Cerberus my dog," quoth he,<br /></span> +<span class="i0">"Will make you pleasant company;<br /></span> +<span class="i0">But if within you needs must go,<br /></span> +<span class="i0">Practise on poet Melito,<br /></span> +<span class="i0">And you shall have, if he won't do,<br /></span> +<span class="i0">Tityus and Ixion too.<br /></span> +<span class="i0">You'll be to hell the sorest ill<br /></span> +<span class="i0">Of all that hell contains, until<br /></span> +<span class="i0">There come to us worse barbarisms<br /></span> +<span class="i0">When Rufus speaks his solecisms."<br /></span> +<p class="td2"><i>Lucillus.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 147</h4> + +<div class="poem" style="width: 16em;"><div class="stanza"> +<span class="i0"><span class="smcap">So</span> soon hath Asiaticus<br /></span> +<span class="i2">The gift of eloquence achieved?<br /></span> +<span class="i0">It was in Thebes it happened thus,<br /></span> +<span class="i2">The story well may be believed.<br /></span> +<p class="td2"><i>Ammianus.</i></p></div></div> + +<p><span class='pagenum'><a name="Page_85" id="Page_85">[85]</a></span></p> + +<h4><span class="smcapl">XI.</span> 151</h4> + +<div class="poem" style="width: 26em;"><div class="stanza"> +<span class="i0"><span class="smcap">The</span> statue of an advocate, as like as like can be.<br /></span> +<span class="i0">And why? The statue cannot speak a word, no more could he.<br /></span> +<p class="td2"><i>Anon.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 152</h4> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0"><span class="smcap">Paul</span>, dost thou wish to make thy boy<br /></span> +<span class="i2">An advocate like these his betters?<br /></span> +<span class="i0">Then let him not his time employ<br /></span> +<span class="i2">To useless ends in learning letters.<br /></span> +<p class="td2"><i>Ammianus.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 251</h4> + +<div class="poem" style="width: 23em;"><div class="stanza"> +<span class="i0"><span class="smcap">The</span> parties were as deaf as deaf could be,<br /></span> +<span class="i0">The judge was far the deafest of the three.<br /></span> +<span class="i0">Said plaintiff, "Sir, I ask for five months' rent."<br /></span> +<span class="i0">Defendant, "Grinding corn all night I spent."<span class='pagenum'><a name="Page_86" id="Page_86">[86]</a></span><br /></span> +<span class="i0">"Why," quoth the judge, "dispute? Your mother's claim<br /></span> +<span class="i0">Is good, and you must both support the dame."<br /></span> +<p class="td2"><i>Nicarchus.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 350</h4> + +<div class="poem" style="width: 20em;"><div class="stanza"> +<span class="i0"><span class="smcap">Remember</span> justice and her yoke, and know<br /></span> +<span class="i0">That 'gainst the wicked votes of "Guilty" go.<br /></span> +<span class="i0">Thou trustest in thy cunning speech, thy power<br /></span> +<span class="i0">Of speaking words that vary with the hour.<br /></span> +<span class="i0">Hope what thou wilt, thy trifling tricks are vain,<br /></span> +<span class="i0">Thou canst not make the path of law less plain.<br /></span> +<p class="td2"><i>Agathias.</i></p></div></div> + +<h4><span class="smcapl">XI.</span> 376</h4> + +<div class="poem" style="width: 27em;"><div class="stanza"> +<span class="i0"><span class="smcap">Once</span> to Diodorus came a client in a state of doubt,<br /></span> +<span class="i0">And to that most learned counsel thus he set the matter out:<br /></span> +<span class="i0">"Alpha Beta found a slave-girl who had run away from me:<span class='pagenum'><a name="Page_87" id="Page_87">[87]</a></span><br /></span> +<span class="i0">To a slave of his he wed her, though she was my property,<br /></span> +<span class="i0">Well he knew she was my chattel; she has had a child or two;<br /></span> +<span class="i0">Now I cannot tell for certain whose the children are, can you?"<br /></span> +<span class="i0">Diodorus thought, consulted all authorities on "Slave,"<br /></span> +<span class="i0">To his client turned his furrowed brows and slowly answer gave:<br /></span> +<span class="i0">"'Tis to you or to the other who, you say, has done you wrong,<br /></span> +<span class="i0">That the children of the handmaid rightfully of course belong,<br /></span> +<span class="i0">Your best plan will be the matter in the proper court to place,<br /></span> +<span class="i0">So you'll get a good opinion whether you have any case."<br /></span> +<p class="td2"><i>Agathias.</i></p></div></div> + +<p><span class='pagenum'><a name="Page_88" id="Page_88">[88]</a></span></p> + +<h4><span class="smcap">Plan</span>, 193</h4> + +<div class="poem" style="width: 21em;"><div class="stanza"> +<span class="i0">"<span class="smcap">Good</span> Hermes, only just one cabbage plant."<br /></span> +<span class="i0">"Stop, stop, my thieving traveller, you can't."<br /></span> +<span class="i0">"What, grudge me one poor cabbage! is it so?"<br /></span> +<span class="i0">"Nay, I don't grudge it, but the law says no.<br /></span> +<span class="i0">The law says, Keep your itching palms, d'ye see,<br /></span> +<span class="i0">From meddling with another's property."<br /></span> +<span class="i0">"Well, this beats anything I ever saw!<br /></span> +<span class="i0">Hermes against a thief invokes the law."<br /></span> +<p class="td2"><i>Philippus.</i></p></div></div> + +<h4><span class="smcap">Appendix</span>, 385</h4> + +<div class="poem" style="width: 14em;"><div class="stanza"> +<span class="i0"><span class="smcap">Pupils</span> seven of Aristides,<br /></span> +<span class="i2">Tell me, how are ye?<br /></span> +<span class="i0">Four of you are walls, beside is<br /></span> +<span class="i2">Nought but benches three.<br /></span> +</div></div> + +<p class="center"><i>Another Version</i><span class='pagenum'><a name="Page_89" id="Page_89">[89]</a></span></p> + +<div class="poem"><div class="stanza"> +<span class="i0">Seven pupils of the rhetor<br /></span> +<span class="i2">Aristides, how are ye?<br /></span> +<span class="i0">Seven! <i>Hoc et nihil præter</i>,<br /></span> +<span class="i2">Four are walls and benches three.<br /></span> +<p class="td2"><i>Anon.</i></p></div></div> + +<h3>MARTIAL</h3> + +<h4><i>In Caium</i></h4> + +<div class="poem" style="width: 22em;"><div class="stanza"> +<span class="i0">"<span class="smcap">Lend</span> me sestertia, Caius, only twenty,<br /></span> +<span class="i0">'Tis no great thing for you who roll in plenty."<br /></span> +<span class="i0">He was an old companion, and his coffers<br /></span> +<span class="i0">Were full enough to stand such friendly offers.<br /></span> +<span class="i0">"Go, plead in court," said he; "'tis pleadings pay us."<br /></span> +<span class="i0">"I want your money, not your counsel, Caius."<br /></span> +<p class="td2"><i>Martial</i>, ii. 30.</p></div></div> + +<p><span class='pagenum'><a name="Page_90" id="Page_90">[90]</a></span></p> + +<h4><i>In Causidicum</i></h4> + +<div class="poem" style="width: 18em;"><div class="stanza"> +<span class="i0">'<span class="smcap">Tis</span> said that some bold advocate<br /></span> +<span class="i2">Has dared to criticise my poem,<br /></span> +<span class="i0">His name I have not learned, his fate<br /></span> +<span class="i2">Will be a warning when I know him.<br /></span> +<p class="td2"><i>Martial</i>, v. 33.</p></div></div> + +<h4><i>In Postumum Causidicum</i></h4> + +<div class="poem"><div class="stanza"> +<span class="i0"><span class="smcap">No</span> claim for trespass do I bring,<br /></span> +<span class="i0">Or homicide, or poisoning.<br /></span> +<span class="i0">I claim that by my neighbour's theft<br /></span> +<span class="i0">Of she-goats three I was bereft.<br /></span> +<span class="i0">The judge of course wants evidence,<br /></span> +<span class="i0">But you go wandering far from thence,<br /></span> +<span class="i0">And with a mighty voice declaim<br /></span> +<span class="i0">Of Mithridates and the shame<span class='pagenum'><a name="Page_91" id="Page_91">[91]</a></span><br /></span> +<span class="i0">Of Cannæ, and the lies of old<br /></span> +<span class="i0">That Punic politicians told.<br /></span> +<span class="i0">And why should you pass Sylla by,<br /></span> +<span class="i0">The Marii and Mucii?<br /></span> +<span class="i0">When, Postumus, d'ye hope to reach<br /></span> +<span class="i0">My stolen she-goats in your speech?<br /></span> +<p class="td2"><i>Martial</i>, vi. 19.</p></div></div> + +<h4><i>In Cinnam</i></h4> + +<div class="poem" style="width: 30em;"><div class="stanza"> +<span class="i0"><span class="smcap">Is</span> this advocacy, Cinna, this a type of lawyers' powers,<br /></span> +<span class="i0">This immense oration, Cinna, some nine words in some ten hours?<br /></span> +<span class="i0">Waterclocks I grant you asked for, Cinna, yes, you called for four;<br /></span> +<span class="i0">There you stopped, such wealth of silence, Cinna, ne'er was seen before.<br /></span> +<p class="td2"><i>Martial</i>, viii. 7.</p></div></div> + +<p><span class='pagenum'><a name="Page_92" id="Page_92">[92]</a></span></p> + +<h3>THE COURT OF REASON</h3> + +<div class="poem" style="width: 23em;"><div class="stanza"> +<span class="i0"><span class="smcap">A thousand</span> doubts and pleadings in a day<br /></span> +<span class="i2">Are filed in Empress Reason's court supreme<br /></span> +<span class="i2">By angry Love—his eyes with anger gleam.<br /></span> +<span class="i2">"Which of us twain hath been more faithful, say.<br /></span> +<span class="i0">'Tis all through me that Cino can display<br /></span> +<span class="i2">The sail of fame on life's unhappy stream."<br /></span> +<span class="i2">"Thee," quoth I, "root of all my woe I deem,<br /></span> +<span class="i2">I found what gall beneath thy sweetness lay."<br /></span> +<span class="i0">Then he: "Ah, traitorous and truant slave!<br /></span> +<span class="i2">Are these the thanks thou renderest, ingrate,<br /></span> +<span class="i2">For giving thee a maid without a peer?"<br /></span> +<span class="i0">"Thy left," cried I, "slew what thy right hand gave."<br /></span> +<span class="i2">"Not so," said he. The judge, "Your wrath abate.<br /></span> +<span class="i2">I must have time to give true judgment here."<br /></span> +<p class="td2"><i>Cino da Pistoia.</i></p></div></div> + +<div class="blockquot"><p>[Imitated by Petrarch in the conclusion of the Canzone, <i>Quell' +antico mio dolce empio signore</i>.]</p></div> + +<p><span class='pagenum'><a name="Page_93" id="Page_93">[93]</a></span></p> + +<h3>TO ROME</h3> + +<div class="poem" style="width: 24em;"><div class="stanza"> +<span class="i0"><span class="smcap">Tell</span> me, proud Rome, why dost these edicts read,<br /></span> +<span class="i2">These many laws by prince or people made,<br /></span> +<span class="i2">Or answers by the prudent duly weighed,<br /></span> +<span class="i2">When now thou canst the world no longer lead?<br /></span> +<span class="i0">Thou readest, sad one, of each ancient deed<br /></span> +<span class="i2">Where thy unconquered sons their might displayed,<br /></span> +<span class="i2">Afric and Egypt at thy feet were laid,<br /></span> +<span class="i2">But slavery, not rule, is now thy meed.<br /></span> +<span class="i0">What boots it that thou wast of old a queen,<br /></span> +<span class="i2">And over foreign nations heldest rein,<br /></span> +<span class="i2">If thou and all thy fame no more exist?<br /></span> +<span class="i0">Forgive me, God, if all my days have been<br /></span> +<span class="i2">Devoted to man's laws, unjust and vain<br /></span> +<span class="i2">Unless Thy law within the heart be fixed.<br /></span> +<p class="td2"><i>Cino da Pistoia.</i></p></div></div> + +<p><span class='pagenum'><a name="Page_94" id="Page_94">[94]</a></span></p> + +<h3>JUSTICE</h3> + +<div class="poem" style="width: 25em;"><div class="stanza"> +<span class="i0"><span class="smcap">Ah</span>! justice is a virtue bepraised and full of worth,<br /></span> +<span class="i0">It castigates the sinner, and peoples all the earth,<br /></span> +<span class="i0">And kings with care should guard it—instead they now forget<br /></span> +<span class="i0">The gem that is most precious in all the coronet.<br /></span> +<span class="i0">Some think they may do justice by cruelty, I wist;<br /></span> +<span class="i0">But 'tis an evil counsel, for justice must consist<br /></span> +<span class="i0">In showing deeds of mercy, in knowledge of the truth,<br /></span> +<span class="i0">And executing judgment it executes with ruth.<br /></span> +<p class="td2"><i>Pedro Lopez de Ayala.</i></p></div></div> + +<h3>THE POET AND THE ADVOCATE</h3> + +<div class="poem" style="width: 20em;"><div class="stanza"> +<span class="i0"><span class="smcap">Glory</span> and gain thus mixed distract the thought,<br /></span> +<span class="i0">We owe to honour all, to fortune nought;<br /></span> +<span class="i0">The poet, like the soldier, scorns for pay<br /></span> +<span class="i0">Peruvian gold, but seeks the wreath of bay.<span class='pagenum'><a name="Page_95" id="Page_95">[95]</a></span><br /></span> +<span class="i0">How is the advocate the poet's peer?<br /></span> +<span class="i0">The poet's glory is complete and clear;<br /></span> +<span class="i0">He far outlives the advocate's renown,<br /></span> +<span class="i0">Patru is e'en by Scarron's name weighed down.<br /></span> +<span class="i0">The bar of Greece and Rome you point me out,<br /></span> +<span class="i0">A bar that trained great men, I do not doubt,<br /></span> +<span class="i0">For then chicane with language void of sense<br /></span> +<span class="i0">Had not deformed the law and eloquence.<br /></span> +<span class="i0">Purge the tribune of all this monstrous growth,<br /></span> +<span class="i0">I mount it, and my soul will sink, though loth,<br /></span> +<span class="i0">Will yield to fortune and will speak in prose.<br /></span> +<span class="i0">But since reform in this so slowly grows,<br /></span> +<span class="i0">Leave me my tastes, for I aspire to be<br /></span> +<span class="i0">By verse ennobled to posterity,<br /></span> +<span class="i0">To hold first place in arts above the law,<br /></span> +<span class="i0">More grave and noble than it ever saw.<br /></span> +<span class="i0">Fraud in this age of ours unpunished can<br /></span> +<span class="i0">Tread down the equity so dear to man.<span class='pagenum'><a name="Page_96" id="Page_96">[96]</a></span><br /></span> +<span class="i0">Can you for spirits just and generous find<br /></span> +<span class="i0">A fairer cause to plead before mankind?<br /></span> +<span class="i0">Mother or stepmother let Fortune be,<br /></span> +<span class="i0">The theatre and not the bar for me;<br /></span> +<span class="i0">For client virtue, truth for counsel's wage;<br /></span> +<span class="i0">For judge the present and the coming age.<br /></span> +<p class="td2"><i>Piron</i>, <i>La Métromanie</i>, Act iii. Sc. 7.</p></div></div> + +<div class="figcenter" style="width: 247px;"> +<img src="images/015.png" width="247" height="92" alt="" title="" /> +</div> + +<p class="hd3">MORRISON AND GIBB, PRINTERS, EDINBURGH.</p> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Briefless Ballads and Legal Lyrics, by +James Williams + +*** END OF THIS PROJECT GUTENBERG EBOOK BRIEFLESS BALLADS AND LEGAL LYRICS *** + +***** This file should be named 25281-h.htm or 25281-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/5/2/8/25281/ + +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.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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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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