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+Project Gutenberg's Briefless Ballads and Legal Lyrics, by James Williams
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Briefless Ballads and Legal Lyrics
+ Second Series
+
+Author: James Williams
+
+Release Date: May 2, 2008 [EBook #25281]
+
+Language: English
+
+Character set encoding: 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. Sc. 7.
+
+
+MORRISON AND GIBB, PRINTERS, EDINBURGH.
+
+
+
+
+
+End of the Project Gutenberg EBook of Briefless Ballads and Legal Lyrics, by
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+ The Project Gutenberg eBook of Briefless Ballads and Legal Lyrics, by James Williams
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+<pre>
+
+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
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+</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">&mdash;<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 Pass&eacute;</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">Com&#339;dia 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&mdash;</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&mdash;</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 pr&aelig;tor'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 formul&aelig; 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? Pr&aelig;tors launched their formul&aelig;<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 pr&aelig;tor 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&mdash;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&mdash;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 Moli&egrave;re,<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&mdash;even in a place<br /></span>
+<span class="i0">Peopled by a perfect race&mdash;<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>pr&aelig;tor 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 cowl&egrave;d 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."&mdash;<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&mdash;one or two;<br /></span>
+<span class="i0">But after the faint&mdash;and she <i>was</i> so well dressed&mdash;<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 coil&egrave;d 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 Pass&eacute;</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>Com&#339;dia Juris</h2>
+
+<div class="poem"><div class="stanza">
+<span class="i0"><span class="smcap">Est</span> omne jus forense quasi com&#339;dia;<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 pr&aelig;mio<br /></span>
+<span class="i0">Fruitur quietus optime com&#339;dia.<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.&mdash;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&mdash;<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&mdash;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&mdash;<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&mdash;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>Justiti&aelig; 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&mdash;<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 Thermopyl&aelig;<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 pr&aelig;ter</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 Cann&aelig;, 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&mdash;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&mdash;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 M&eacute;tromanie</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>
+
+
+
+
+
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+Project Gutenberg's Briefless Ballads and Legal Lyrics, by James Williams
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Briefless Ballads and Legal Lyrics
+ Second Series
+
+Author: James Williams
+
+Release Date: May 2, 2008 [EBook #25281]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK BRIEFLESS BALLADS AND LEGAL LYRICS ***
+
+
+
+
+Produced by Bryan Ness, Stephen Blundell and the Online
+Distributed Proofreading Team at https://www.pgdp.net (This
+file was produced from images generously made available
+by The Internet Archive/American Libraries.)
+
+
+
+
+
+
+
+
+
+BRIEFLESS BALLADS
+
+
+
+
+BY THE SAME AUTHOR
+
+
+ SIMPLE STORIES OF LONDON
+ VERSES SUITABLE FOR RECITATION
+ _Crown 8vo, cloth, price 1s. 6d._
+
+
+ ETHANDUNE
+ AND OTHER POEMS
+ _Crown 8vo, cloth, price 2s. 6d._
+
+
+
+
+ BRIEFLESS BALLADS
+ AND
+ LEGAL LYRICS
+
+ SECOND SERIES
+
+
+ BY JAMES WILLIAMS
+
+
+ "You will think a lawyer has as little business with
+ poetry as he has with justice. Perhaps so. I have been
+ too partial to both."
+ --THOMAS LOVE PEACOCK, in _Melincourt_
+
+
+ LONDON
+ ADAM AND CHARLES BLACK
+ 1895
+
+
+
+
+[_All Rights Reserved_]
+
+
+Transcriber's Note:
+
+ Hyphenation has been standardised. Minor typographical errors have
+ been corrected without note. The oe ligature is represented by [oe].
+
+
+
+
+CONTENTS
+
+
+(The First Series was published anonymously in 1881, and is now out of
+print. Some of the following pieces have already appeared in
+periodicals.)
+
+ PAGE
+ JUSTINIAN AT WINDERMERE 9
+ A VISION OF LEGAL SHADOWS 15
+ THE SQUIRE'S DAUGHTER 21
+ HER LETTER IN CHAMBERS 25
+ LAW AND POETRY 27
+ SOMEWHERE 30
+ ROMAN LAW 34
+ BOLOGNA 36
+ A GARDEN PARTY IN THE TEMPLE 37
+ THE SPINNING-HOUSE OF THE FUTURE 41
+ HOW WE FOUND OUR VERDICT 44
+ A GREEK LIBEL 47
+ LE TEMPS PASSE 50
+ LAWN TENNIS IN THE TEMPLE GARDENS 52
+ A BALLADE OF LOST LAW 53
+ COM[OE]DIA JURIS 56
+
+ CASES--
+ MYLWARD _v._ WELDON 59
+ HAMPDEN _v._ WALSH 61
+ WILLIS _v._ THE BISHOP OF OXFORD 62
+ DASHWOOD _v._ JERMYN 66
+ _EX PARTE_ JONES 70
+ FINLAY _v._ CHIRNEY 71
+ POLLARD _v._ PHOTOGRAPHIC COMPANY 71
+ THE MINNEAPOLIS CASE 73
+ COMMONWEALTH _v._ MARZYNSKI 77
+
+ TRANSLATIONS--
+ GREEK ANTHOLOGY 81
+ MARTIAL 89
+ CINO DA PISTOIA 92
+ PEDRO LOPEZ DE AYALA 94
+ PIRON 94
+
+
+
+
+ _Interioris amat Templi jam Pegasus aulas
+ Pieria in Medio plenior unda ruit._
+
+
+
+
+Justinian at Windermere
+
+
+ We took a hundredweight of books
+ To Windermere between us,
+ Our dons had blessed our studious looks,
+ Had they by chance but seen us.
+
+ Maine, Blackstone, Sandars, all were there,
+ And Hallam's _Middle Ages_,
+ And Austin with his style so rare,
+ And Poste's enticing pages.
+
+ We started well: the little inn
+ Was deadly dull and quiet,
+ As dull as Mrs. Wood's _East Lynne_,
+ Or as the verse of Wyatt.
+
+ Without distraction thus we read
+ From nine until eleven,
+ Then rowed and sailed until we fed
+ On potted char at seven.
+
+ Two hours of work! We could devote
+ Next day to recreation,
+ Much illness springs, so doctors note,
+ From lack of relaxation.
+
+ Let him read law on summer days,
+ Who has a soul that grovels;
+ Better one tale of Thackeray's
+ Than all Justinian's novels.
+
+ At noon we went upon the lake,
+ We could not stand the slowness
+ Of our lone inn, so dined on steak
+ (They _called_ it steak) at Bowness.
+
+ We wrestled with the steak, when lo!
+ Rose Jack in such a hurry,
+ He saw a girl he used to know
+ In Suffolk or in Surrey.
+
+ What matter which? to think that she
+ Should lure him from his duty!
+ For Jack, I knew, would always be
+ A very slave to beauty.
+
+ And so it proved, alas! for Jack
+ Grew taciturn and thinner,
+ Was out all day alone, and back
+ Too often late for dinner.
+
+ What could I do? His walks and rows
+ All led to one conclusion;
+ I could not read; our work, heaven knows,
+ Was nothing but confusion.
+
+ Like Jack I went about alone,
+ Saw Wordsworth's writing-table,
+ And made the higher by a stone
+ The "man" upon Great Gable.
+
+ At last there came a sudden pause
+ To all his wanderings _solus_,
+ He learned what writers on the laws
+ Of Rome had meant by _dolus_.
+
+ The Suffolk (was it Surrey?) flirt
+ Without a pang threw over
+ Poor Jack and all his works like dirt,
+ And caught a richer lover.
+
+ We read one morning more to say
+ We had not been quite idle,
+ And then to end the arduous day
+ Enjoyed a swim in Rydal.
+
+ Next day the hundredweight of books
+ Was packed once more in cases,
+ We left the lakes and hills and brooks
+ And southward turned our faces.
+
+ Three months, and then the Oxford Schools;
+ Our unbelieving college
+ Saw better than ourselves what fools
+ Pretend sometimes to knowledge.
+
+ Curst questions! Jack did only one,
+ He gave as his opinion
+ That of the Roman jurists none
+ Had lived before Justinian.
+
+ I answered two, but all I did
+ Was lacking in discretion,
+ I reckoned guardianship amid
+ The _vitia_ of possession.
+
+ My second shot was wider still,
+ I held that _commodata_
+ Could not attest a praetor's will
+ Because of _culpa lata_.
+
+ We waited fruitlessly that night,
+ There came no blue _testamur_,[A]
+ Nor was Jack's heavy heart made light
+ By that sweet word _Amamur_.
+
+[A] Since the above was written, the _testamur_, like many other
+institutions dear to the old order of Oxford men, has been superseded.
+
+
+
+
+A Vision of Legal Shadows
+
+
+ A case at chambers left for my opinion
+ Had taxed my brain until the noon of night,
+ I read old law, and loathed the long dominion
+ Of fiction over right.
+
+ I had consulted Coke and Cruise and Chitty,
+ The works where ancient learning reigns supreme,
+ Until exhausted nature, moved with pity,
+ Sent me a bookman's dream.
+
+ Six figures, all gigantic as Gargantua,
+ Floated before my eyes, and all the six
+ Were shades like those that once the bard of Mantua
+ Saw by the shore of Styx.
+
+ The first was one with countenance imperious,
+ His toga dim with centuries of dust;
+ "My name," quoth he, "is Aulus and Agerius,[B]
+ My voice is hoarse with rust.
+
+ "Yet once I played my part in law proceedings,
+ And writers wrote of one they never saw,
+ I gave their point to formulae and pleadings,
+ I lived but in the law."
+
+ The second had a countenance perfidious;
+ What wonder? Praetors launched their formulae
+ In vain against Numerius Negidius,
+ And not a whit cared he.
+
+ With voice of high contempt he greeted Aulus;
+ "In interdicts thou wast mine enemy,
+ Once passed no day that students did not call us
+ As parties, me and thee.
+
+ "On paper I was plaintiff or defendant,
+ On paper thou wast evermore the same;
+ We lived apart, a life that was transcendant,
+ For it was but a name.
+
+ "I hate thee, Aulus, hate thee," low he muttered,
+ "It was by thee that I was always tricked,
+ My unsubstantial bread I ate unbuttered
+ In dread of interdict.
+
+ "And yet 'twas but the sentiment I hated:
+ Like thee I ne'er was drunk e'en _vi_ or _clam_,[C]
+ With wine that was no wine my thirst was sated.
+ Like thee I was a sham."
+
+ Two country hinds in 'broidered smocks next followed,
+ Each trundled him a cart-wheel by the spokes,
+ Oblivion now their names hath well-nigh swallowed,
+ For they were Stiles and Nokes.
+
+ They spake no word, for speech to them was grievous,
+ With bovine eyes they supplicated me;
+ "We wot not what ye will, but prithee leave us,
+ Unlettered folk are we."
+
+ "Go," said I, "simple ones, and break your fallows,
+ Crush autumn apples in the cider press,
+ Law, gaffer Stiles, thy humble name still hallows,
+ Contracted to J. S."
+
+ Another pair of later time succeeded,
+ With buckles on their shoes and silken hose,
+ A garb that told it was to them who heeded
+ John Doe's and Richard Roe's.
+
+ "Ah me! I was a casual ejector,[D]
+ In the brave days of old," I heard one say;
+ "I knew Elizabeth, the Lord Protector
+ I spake with yesterday."
+
+ To whom in contradiction snarled the other,
+ "There was no living blood our veins to fill.
+ Both you and I were nought but shadows, brother,
+ And we are shadows still."
+
+ Room for a lady, room, as at Megiddo
+ The hosts made way for passage of the king,
+ For from the darkness crept there forth a widow
+ In weeds and wedding ring.
+
+ "I am the widow, I, whereof the singers
+ Of Scotland sang, their cruel words so smote
+ My tender heart, that ofttimes itched my fingers
+ To take them by the throat.
+
+ "He scoffed at me, dour bachelor of Glasgow,[E]
+ If I existed not for him, the knave,
+ 'Twas all his fault who let some bonnie lass go
+ Unwedded to her grave."
+
+[B] Aulus Agerius and Numerius Negidius are names continually occurring
+in the Roman institutional writers as typical names of parties to legal
+process, corresponding very much to the John Stiles and John Nokes of
+the older English law-books, and the Amr and Zaid of Mohammedan law.
+John Stiles was frequently contracted to J. S.
+
+[C] _Vi_ and _clam_ were part of the form of the interdict, which was a
+mode of procedure by which the praetor settled the right of possession of
+landed property.
+
+[D] The casual ejector was John Doe, who was, like Richard Roe, an
+entirely imaginary person, of much importance in the old action of
+ejectment abolished in 1852.
+
+[E] The allusion is to the "Advocates' Widows Fund," subscribed to by
+all members of the Scottish bar, married or unmarried. The non-existent
+widow of the unmarried advocate has been a frequent subject of legal
+verse. See "The Bachelor's Dream," by John Rankine, (_Journal of
+Jurisprudence_, vol. xxii. p. 155), "My Widow," by David Crichton (_id._
+vol. xxiv. p. 51).
+
+
+
+
+The Squire's Daughter
+
+
+ We crawled about the nursery
+ In tenderest years in tether,
+ At six we waded in the sea
+ And caught our colds together.
+
+ At ten we practised playing at
+ A kind of heathen cricket,
+ A croquet mallet was the bat,
+ The Squire's old hat the wicket.
+
+ At twelve, the cricket waxing slow,
+ With home-made bow and arrow
+ We took to shooting--once I know
+ I all but hit a sparrow.
+
+ She took birds' nests from easy trees,
+ I climbed the oaks and ashes,
+ 'Twas deadly work for hands and knees,
+ Deplorable for sashes.
+
+ At hide and seek one summer day
+ We played in merry laughter,
+ 'Twas then she hid her heart away,
+ I never found it after.
+
+ So time slipped by until my call,
+ For out of the professions
+ I chose the Bar as best of all,
+ And joined the Loamshire Sessions.
+
+ The reason for it was that there
+ Her father, short and pursy,
+ Doled out scant justice in the chair
+ And even scanter mercy.
+
+ As Holofernes lost his head
+ To Judith of Bethulia,
+ So I fell victim, but instead
+ Of Judith it was Julia.
+
+ My speech left juries in the dark,
+ Of Julia I was thinking,
+ And once I heard a coarse remark
+ About a fellow drinking.
+
+ I practised verse in leisure time
+ Both in and out of season,
+ It was indubitably rhyme,
+ Occasionally reason.
+
+ I lacked the cheek to tell my woes,
+ Had not concealment fed on
+ My damask cheek, but left my nose
+ With twice its share of red on?
+
+ Too horrible was this suspense,
+ At last, in desperation
+ I went to Loamshire on pretence
+ Of death of a relation.
+
+ The Squire was beaming; "Julia's gone
+ To London for a visit,
+ But with a wedding coming on
+ That's not surprising, is it?
+
+ "Old friends like you will think, no doubt,
+ That she is young to marry,
+ But ever since she first came out,
+ She's been engaged to Harry."
+
+
+
+
+Her Letter in Chambers
+
+
+ I sat by the fire and watched it blaze,
+ And dreamed that she wrote me a letter,
+ And for that dream to the end of my days
+ To Fancy I owe myself debtor.
+
+ Next day there came the postman's knock,
+ The morning was bright and sunny,
+ And showed me a sheaf of circulars, stock
+ Attempts to get hold of my money.
+
+ 'Mid correspondence of this dull kind
+ A dainty notelet lay hidden,
+ It seemed as though it had half a mind
+ To consider itself forbidden.
+
+ The writing was like herself, complete,
+ With a touch of her queenly bearing,
+ So Venus wrote when she ordered in Crete
+ Her doves to take her an airing.
+
+ Inside it was just as promising,
+ 'Twas a pressing invitation
+ To dine at her house to-morrow, and bring
+ My book for her approbation.
+
+ For I have published, be it confessed,
+ A little volume of verses,
+ And in the volume whatever is best
+ The praise of herself rehearses.
+
+ I sit by the fire, and again I dream
+ A happier dream than ever,
+ I see her beautiful eyes soft gleam
+ As she murmurs, "How lovely--how clever!"
+
+ Her criticism may be commonplace,
+ But who can be angry after
+ Now sweet with pity he marks her face,
+ Now bright with impulsive laughter?
+
+
+
+
+Law and Poetry
+
+
+ In days of old did law and rime
+ A common pathway follow,
+ For Themis in the mythic time
+ Was sister of Apollo.
+
+ The Hindu statutes tripped in feet
+ As daintily as Dryads,
+ And law in Wales to be complete
+ Was versified in triads.
+
+ The wise Alfonso of Castile
+ Composed his code in metre
+ Thereby to make its flavour feel
+ A little bit the sweeter.
+
+ But law and rime were found to be
+ A trifle inconsistent,
+ And now in statutes poetry
+ Is wholly non-existent.
+
+ Still here and there some advocate
+ Before his fellows know it
+ Has had bestowed on him by fate
+ The laurel of the poet.
+
+ Let him who has been honoured so,
+ In truth a _rara avis_,
+ Find precedents in Cicero
+ And our Chief Justice Davis;
+
+ And more than all in Cino; he,
+ So plaintive a narrator
+ Of fair Selvaggia's cruelty,
+ Won fame as a glossator.
+
+ Let him remember Thomas More
+ And Scott and Alciatus,
+ And Grotius with an ample store
+ Of most divine afflatus.
+
+ But let him, if his bread and cheese
+ Depend on his profession,
+ Bethink him that the art of these
+ Was not their sole possession.
+
+ The stream that flows from Helicon
+ Is scarcely a Pactolus,
+ A richer prize is theirs who con
+ Dull treatises on _dolus_.
+
+ 'Tis well that some bold spirits dare
+ To cut themselves asunder
+ From bonds of law like old Moliere,
+ While lawyers gaze in wonder.
+
+ The world had been a poorer place
+ Had Goethe lived by pleading
+ Or Tasso won a hopeless case
+ With Ariosto leading.
+
+
+
+
+Somewhere
+
+
+ Somewhere in a distant star,
+ Cities of Cocaigne there are,
+ Paradises of the Bar.
+
+ Somewhere 'neath another sun
+ Counsel cease to see the fun
+ Lurking in a judge's pun.
+
+ Somewhere courts are fair to see,
+ Beauty joins utility,
+ Ushers answer courteously.
+
+ Somewhere there are bailiwicks
+ Which for dock defences fix
+ Nothing under three-five-six.
+
+ Somewhere rises struggle sore
+ For revisorships no more,
+ Every shire has half a score.
+
+ Somewhere educated thought
+ Scientifically taught
+ Cross-examines as it ought.
+
+ Somewhere judgments are obeyed,
+ Executions are not stayed,
+ Fees are almost always paid.
+
+ Somewhere County Councils press
+ Banquets on the circuit mess,
+ Fleshpots in the wilderness.
+
+ Somewhere at Assizes grow
+ Prosecutions row on row,
+ Every man has six or so.
+
+ Somewhere, eager but for right,
+ Court and counsel cease to cite
+ Pointless cases recondite.
+
+ Somewhere headnotes give the ground
+ Whereupon the judges found
+ Judgments generally sound.
+
+ Somewhere juries use their sense,
+ Basing on the evidence
+ Verdicts of intelligence.
+
+ Somewhere rich embroideries
+ Woven cunningly of lies
+ Part in twain at truth's clear eyes.
+
+ Somewhere justice grows from wrong,
+ Till the right that suffered long
+ Sings at last its triumph song.
+
+ Somewhere--even in a place
+ Peopled by a perfect race--
+ One side holds a losing case.
+
+ Somewhere since the world began
+ Heaven hath made an honest man,
+ Somewhere in Aldebaran.
+
+
+
+
+Roman Law
+
+
+ I am a "coach" in Roman law by fate,
+ But Nature must have meant me for a poet,
+ And while I struggle with a rule or date,
+ Poetic thoughts intrude before I know it.
+
+ The changing sunshine on the summer sea
+ Drives forth the law of _cessio bonorum_,
+ _Peculium castrense_ speaks to me
+ Of Horace and his _Dulce et decorum_.
+
+ I see the matine bee among the flowers
+ Instead of _testamentum militare_,
+ And wander far away from agent's powers
+ To picture me again some Maud or Mary.
+
+ In truth there is no sequence in the thought,
+ Why should the title _De Societate_
+ Suggest, not trading partners, as it ought,
+ But visions of my last night's valse with Katie?
+
+ But worse than this, when I have done my task,
+ Stern law again asserts her domination,
+ 'Tis cruel 'mid the new-mown hay to bask,
+ And find one's mind is running on novation;
+
+ Or in the dusk, when glow-worms light the moss,
+ To hear the distant voice of Philomela
+ Expound the three varieties of _dos_
+ And wax right eloquent about _tutela_.
+
+ I had a little respite yesterday,
+ Dining with one who well knew how to dine us,
+ But when I slept, the charm soon fled away,
+ I dreamed I was a _praetor peregrinus_.
+
+ Dismasted in the deep of law I lie,
+ A poor reward it is to stand confessed as
+ The Virgil of the interdict _de vi_,
+ The Petrarch of the _patria potestas_.
+
+
+
+
+Bologna
+
+
+ I go from colonnade to colonnade
+ In streets that Dante trod, and past the towers
+ Aslant toward heaven, and listen to the hours
+ Chimed by the bells of choirs where Dante prayed.
+ They cease; then lo! the foot of time seems stayed
+ Five hundred years and more, I find me bowers
+ Where sweet and noble ladies weave them flowers
+ For one who reads Boccaccio in the shade.
+ The cowled students halt by two and threes
+ To hear the voice come thrilling through the trees,
+ Then tear themselves away to themes more trite.
+ Anon I mark the diligent hands that turn
+ Unlovely parchment scrolls whereby to learn
+ The beauty of inexorable right.
+
+
+
+
+A Garden Party in the Temple
+
+
+ On hospitable thoughts intent
+ To me the Inner Temple sent
+ An invitation,
+ A garden party 'twas to be,
+ And I accepted readily
+ And with elation;
+ Good reason too, but oft the seeds
+ Of reason flower in senseless deeds.
+
+ I stood as savage as a bear,
+ For not a human being there
+ Knew I from Adam
+ I heard around in various tones,
+ "_So_ glad to see you, Mr. Jones;"
+ "Good morning, Madam."
+ It seemed so painfully absurd
+ To stand and never speak a word.
+
+ I brought my doom upon myself,
+ And there I was upon the shelf
+ In melancholy.
+ Why, say you, did I go at all?
+ I once met Chloris at a ball,
+ And in my folly
+ I went and suffered all this pain
+ In hopes to see her once again.
+
+ Of strawberries a pound at least
+ I ate, and made myself a beast
+ With tea and sherry;
+ And raspberries I ate and trembled,
+ Until I felt that I resembled
+ Myself a berry,
+ But 'twas the berry that at school
+ We used to call a gooseberry fool.
+
+ The I. C. R. V.[F] band droned on,
+ While guests had come and guests had gone
+ Since my arrival;
+ My brow grew gloomier with despair,
+ And on it sat the guilty air
+ Of a survival
+ Of some remorse for ancient crimes
+ Wrought in the pre-historic times.
+
+ My seventh cup of tea was done,
+ My seventh glass of wine begun,
+ Then of her coming
+ I was aware, nor shall forget
+ How she and that brown sherry set
+ My brains a-humming;
+ Well should I be rewarded soon
+ For all the weary afternoon.
+
+ Her eyes looked vaguely into mine
+ Without as much as half a sign
+ Of recognition.
+ My heart, my heart! the blow was sore,
+ But you have often been before
+ In this condition;
+ As said the bard of old, those eyes
+ Are not my only Paradise.[G]
+
+[F] Inns of Court Rifle Volunteers.
+
+[G] Dante, Par. xviii. 21.
+
+
+
+
+The Spinning-House of the Future
+
+ "Cada puta hile."--_Don Quixote_, i. 46.
+
+
+ Without my dinner here I lie,
+ And all because that proctor
+ With her stout bull-dogs passed, and I
+ Mocked her.
+
+ For Clara is at Girton too,
+ That dragon is her tutor,
+ I threatened once what I would do,
+ Shoot her.
+
+ Her life by Clara's tears was saved,
+ Wherefore she doth detest me,
+ And hither hungry and unshaved
+ Pressed me.
+
+ I would that I could have commenced
+ An action 'gainst that devil,
+ Like that once brought by Kemp against
+ Neville.[H]
+
+ To her I owe the statute framed
+ That one against it sinning
+ Should dwell within the house that's named
+ Spinning.
+
+ Ah me! it runs in sections three:
+ Who speaks to Girton student
+ Is fined to teach him how to be
+ Prudent.
+
+ Who loves a Girton girl must do
+ Twelve months on bread and water,
+ From a digestive point of view
+ Slaughter.
+
+ Who kisses her commits a crime
+ By hanging expiated,
+ And she in tears must spend her time
+ Gated.
+
+ Would that at Oxford I had been,
+ At Balliol or at Merton,
+ And then I never should have seen
+ Girton.
+
+ Go down I must, no more shall I
+ And Clara cross the same bridge;
+ Still, Granta, art thou her and my
+ Cambridge.
+
+ Some day on this her eyes may light,
+ This doggerel stiff and jointless,
+ And she may own it is not quite
+ Pointless.
+
+[H] An action brought in 1861 by a dressmaker at Cambridge against the
+Vice-Chancellor for false imprisonment in the Spinning-House (the
+University prison). The Court of Common Pleas held _inter alia_ that no
+action lies against a judge for a judicial decision on a matter within
+his jurisdiction (10 Common Bench Reports, New Series, 523).
+
+
+
+
+How we found our Verdict
+
+
+ We sat in the jury-box, twelve were we all,
+ And the clock was just pointing to ten in the hall,
+ His Lordship he bowed to the jury, and we
+ Bowed back to his Lordship as gravely as he.
+
+ The case of _De Weller_ v. _Jones_ was the first,
+ And we all settled down and prepared for the worst
+ When old Smithers, Q.C., began slowly to preach
+ Of a promise of marriage and action for breach.
+
+ A barmaid the plaintiff was, wondrous the skill
+ Wherewith she was wont her tall tankards to fill,
+ The defendant, a publican, sought for his bride
+ Such a paragon, urged by professional pride.
+
+ But the course of true love ran no smoother for her
+ Than the Pas de Calais or the bark of a fir,
+ The defendant discovered a widow with gold
+ In the bank and the plaintiff was left in the cold.
+
+ An hour Smithers spoke, and he said that the heart
+ Of the plaintiff at Jones's fell touch flew apart,
+ But a cheque for a thousand might help to repair
+ The destruction effected by love and despair.
+
+ Miss de Weller was called, and in ladylike tones
+ She described all the injury suffered from Jones,
+ How he called her at first "Angelina," and this
+ Soon cooled to "Miss Weller," and lastly to "Miss."
+
+ But the jury were shaken a little when Gore
+ Cross-examined about her engagements before,
+ For Jones was the sixth of the strings to her bow
+ And with five other verdicts she solaced her woe.
+
+ Re-examined by Smithers, she won us again,
+ For the tears of a maid are a terror to men,
+ Then his Lordship awoke from his nap and explained
+ How love that is frequent is love that is feigned.
+
+ Miss de Weller looked daggers, and under the paint
+ Of her cheeks she grew pale and fell down in a faint,
+ She played her trump-card in the late afternoon,
+ For damages satisfy girls who can swoon.
+
+ Till she fainted most thought that a farthing would do,
+ Though I was in favour of pounds--one or two;
+ But after the faint--and she _was_ so well dressed--
+ At a hundred the void in her heart was assessed.
+
+
+
+
+A Greek Libel
+
+
+ ARCHILOCHUS.
+
+ Neobule, yesternight
+ Saw I thee in beauty dight,
+ On thy head a myrtle spray
+ Cast its shadow as the day
+ By the stars was put to flight.
+ Twining on thy temples white
+ Roses gave the myrtle light,
+ Sign thou wilt not say me nay,
+ Neobule.
+ Loosened from its coiled height
+ Streamed thy hair in thy despite
+ On thy shoulders soft to stray
+ And to bid the bard essay
+ Never but of thee to write,
+ Neobule.
+
+
+ NEOBULE.
+
+ Sorry poet, who dost dare
+ Cast bold glances on my hair,
+ Let thy most presumptuous eyes
+ Seek another enterprise,
+ Ceasing now to linger there.
+ Hearken, I can tell thee where
+ Grow the bushes that will spare
+ Rods to teach thee humbler guise,
+ Sorry poet.
+ Know I not that I am fair?
+ Need thy halting verse declare
+ What my mirror daily cries?
+ Rid me of thy silly sighs,
+ Rid me of thy hateful stare,
+ Sorry poet.
+
+
+ ARCHILOCHUS.
+
+ Neobule, poets see
+ Dreams of things that are to be.
+ Vengeance is the poet's trade,
+ Come, iambus, to my aid
+ 'Gainst the fools who scoff at me.
+ All the world will laugh with glee
+ When they mark my verses free
+ Grasp thee like a pillory,
+ And thy scorn with scorn repaid,
+ Neobule.
+ E'en in death thou canst not flee
+ From the doom the Fates decree.
+ When my satire's keenest blade
+ Cuts thee to the heart, fond maid,
+ I shall laugh, but what of thee,
+ Neobule?
+
+
+
+
+Le Temps Passe
+
+
+ Those brave old days when King Abuse did reign
+ We sigh for, but we shall not see again.
+ Then Eldon sowed the seed of equity
+ That grew to bounteous harvest, and with glee
+ A Bar of modest numbers shared the grain.
+ Then lived the pleaders who could issues feign,
+ Who blushed not to aver that France or Spain
+ Was in the Ward of Chepe;[I] no more can be
+ Those brave old days.
+
+ O'er pauper settlements men fought amain,
+ And golden guineas followed in their train,
+ John Doe then flourished like a lusty tree,
+ And Richard Roe brought many a noble fee,
+ We mourn in unremunerated pain
+ Those brave old days.
+
+[I] See, for instance, the well-known case of _Mostyn_ v. _Fabrigas_, in
+which the plaintiff declared that the defendant on the 1st of September,
+in the year 1771, made an assault upon the said plaintiff at Minorca, to
+wit, at London, in the parish of St. Mary-le-bow, in the Ward of Cheap.
+
+
+
+
+Lawn Tennis in the Temple Gardens
+
+
+ Not in contempt but to our sport inclined
+ Smile on us, shades of Judges short and tall
+ Portrayed on windows of the Temple Hall;
+ There was a time that ye grave thoughts resigned,
+ Then, warm with sack, the Serjeants' hearts waxed kind,
+ In mirth Lords Keepers danced the galliard all,
+ Not in contempt.
+
+ Of pleasures past the shadows here we find,
+ Gay strife on brighter swards we thus recall,
+ Where maiden laughter winged the flying ball;
+ Declare us, fair ones, with a merry mind
+ Not in contempt.
+
+
+
+
+A Ballade of Lost Law
+
+
+ (_Spirit of Lord Eldon speaks_)
+
+ This England is gone staring mad,
+ She hath abolished Chancery,[J]
+ See the long lines of suitors, sad
+ To find themselves unwontedly
+ After one day of trial free.
+ Pleading and seals have gone their way.
+ "I know," said I, "that after me
+ Too quickly comes the evil day."
+
+
+ (_Spirit of Lord Lyndhurst speaks_)
+
+ I was Chief Baron, and I had
+ A Court of Law and Equity,[K]
+ The Courts at Westminster were clad
+ With ancient glory fair to see.
+ Now County Courts have come to be
+ Exalted high on our decay,
+ And every whit as good as we;
+ Too quickly comes the evil day.
+
+
+ (_Shade of Butler speaks_)
+
+ In days of yore we used to pad
+ Our deeds with words of certainty;
+ Alas! that now the office lad
+ Is qualified to grant in fee!
+ Lost is our old supremacy,
+ Lost is the delicate display
+ Of learning on _pur autre vie_;
+ Too quickly comes the evil day.
+
+
+ L'ENVOI
+
+ (_The Three in Chorus_)
+
+ Thurlow, to thee we bend the knee,
+ When law was law, then men were gay,
+ 'Tis down with port and up with tea,
+ Too quickly comes the evil day.
+
+[J] The Court of Chancery was merged in the High Court of Justice in
+1875.
+
+[K] In the days of Lord Lyndhurst the old Court of Exchequer had
+equitable as well as common law jurisdiction.
+
+
+
+
+Com[oe]dia Juris
+
+
+ Est omne jus forense quasi com[oe]dia;
+ Hic advocatus maximas partes agit
+ Laudatus undique a procuratoribus,
+ Labore vocis redditus ditissimus;
+ Cui brevia nil forensis et quaestus valent
+ Silenter ille spectat, at pro praemio
+ Fruitur quietus optime com[oe]dia.
+
+
+
+
+Cases
+
+
+
+
+Cases
+
+
+MYLWARD _v._ WELDON
+
+ [The plaintiff was committed to the Fleet Prison on Feb. 8, 1596, by
+ order of the Lord Keeper, for drawing a replication of sixscore
+ sheets containing much impertinent matter which might well have been
+ contained in sixteen. On Feb. 10 the Lord Keeper ordered that on the
+ following Saturday the Warden of the Fleet should cut a hole through
+ the replication, and put the plaintiff's head through the hole and
+ let it hang about his shoulders with the written side outwards, and
+ lead the plaintiff bareheaded and barefaced round about Westminster
+ Hall, and show him at the bar of all the courts, and so back to the
+ Fleet.--Abridged from Spence's _Equitable Jurisdiction_, vol. i. p.
+ 376.]
+
+ 'Gainst Weldon Mylward files a bill,
+ But doth his replication fill
+ With scandalous and idle matter,
+ That would disgrace the maddest hatter.
+ Woe is me for Mylward!
+
+ 'Twas sixscore sheets, it might have been
+ Contained, and amply, in sixteen;
+ So after that the court hath risen
+ Must Mylward Fleetward go to prison.
+ Woe is me for Mylward!
+
+ And two days afterwards 'tis meet
+ That by the Warden of the Fleet
+ He be led on in slow progression
+ Through every court that sits in session.
+ Woe is me for Mylward!
+
+ The pleading writ with words so fair
+ Must Mylward like a tabard wear,
+ A hole therein, the Warden cuts it,
+ A head put through it, Mylward puts it.
+ Woe is me for Mylward!
+
+ The bar makes merry at his shame;
+ What careth he? He winneth fame,
+ Three hundred years his reputation
+ Hath rested on that replication.
+ Woe is me for Mylward!
+
+
+HAMPDEN _v._ WALSH
+
+(1 Queen's Bench Division, 189)
+
+ "Five hundred pounds as stake I'll lay,"
+ Says Hampden, "that by such a day
+ No man of science proves to me
+ That earth not flat but round must be;
+ The earth is flat, and flats are they."
+ The sum Walsh holds right willingly;
+ But Wallace by philosophy
+ Proves roundness, and would take away
+ Five hundred pounds.
+
+ "Proof me no proofs," quoth Hampden, "Nay,
+ Let Wallace get it if he may,
+ I'll sue Walsh for it." So sues he.
+ "Let Wallace," hold the judges three,
+ "Take nought, let Walsh to Hampden pay
+ Five hundred pounds."
+
+
+WILLIS _v._ THE BISHOP OF OXFORD
+
+(2 Probate Division, 192)
+
+ Aid me, Muses! my endeavour is to sing a woful song,
+ How a very learned bishop in the Arches Court went wrong.
+ Aid me, for _duplex querela_ is an uninviting theme,
+ And the practice of the Arches raises no poetic dream.
+ 'Tis the Reverend Child Willis, child in name but not in age,
+ Comes he to the Court of Arches burning with a noble rage,
+ Filing his _duplex querela_, claiming for himself thereby
+ Vicarage of Drayton Parslow, or to know the reason why.
+ "Reason why?" the bishop answers; "that is not so far to seek.
+ Little Latin have you, Willis, innocent are you of Greek.
+ You were specially examined by my good Archdeacon Pott;
+ He reported to me promptly, 'Greek and Latin all forgot,
+ _Non idoneus_ is Willis, _minus et sufficiens_,
+ He may have a _sanum corpus_, but he lacks a _sana mens_.'"
+ "Nay," says Willis, "such an answer is but trifling with the court,
+ I have preached a Latin sermon, and the classics are my forte,
+ You must name the books I failed in, you must give me every chance
+ Of a fresh examination at the hands of Lord Penzance."
+ Lord Penzance supported Willis: "Bishop, you must file," said he,
+ "Some more tangible objection, some less vague and general plea.
+ As it stands I cannot gather what it is you ploughed him in,
+ Whether Hellenistic aorists or the Latin word for sin."
+ But alas! the world has never known as yet what Willis did,
+ In the breast of the Archdeacon still it lies a secret hid.
+ Was his Latin prose defective? Did his style of writing show
+ More resemblance to Tertullian than to Tullius Cicero?
+ Were his dates a little shaky? Could it, could it be that he
+ Confidently made Augustine flourish at a date B.C.?
+ None will know save Pott, Archdeacon, for alas! the patroness
+ Showed no mercy to Child Willis in the day of his distress.
+ She revoked the presentation, leaving Willis in the lurch,
+ One of undisputed learning preached in Drayton Parslow church.
+ Doubly barren was his triumph, it was not a twelve-month ere
+ Death set up _his_ Court of Arches, Willis did not triumph there.
+
+
+DASHWOOD _v._ JERMYN
+
+(12 Chancery Division, 776)
+
+ Captain Dashwood, who had been
+ In the service of the Queen,
+ Sick of "Eyes front" and "Attention,"
+ Came to London on his pension.
+ At the "Portland" as he stayed,
+ Firm the friendship that he made
+ With one William Richards, who
+ Put up at the "Portland" too.
+ Passed six years, then he was wrapped in
+ Love's embraces, vanquished captain!
+ "Yes," he cried, "I will; no bar shall
+ Stop my wedding Edith Marshall."
+ But there was a bar, 'twas that
+ He was poorer than a rat;
+ Indian pensions do not run
+ More than just enough for one.
+ Edith, too, had not a cent,
+ Who would pay the rates and rent?
+ Two more years, and Richards moved
+ (He perchance had sometime loved),
+ Promised them an income clear,
+ 'Twas five hundred pounds a year
+ For his life; when he was dead,
+ Then ten thousand pounds instead.
+ This to Dashwood in a letter
+ Wrote he, deeming it was better
+ They should marry soon while he
+ Lived their happiness to see.
+ 'Twas a modest sum, but marriage
+ May be blest without a carriage,
+ Forty pounds a month and more
+ Keep the wolf from near the door.
+ So they wed for worse or better,
+ On the faith of Richards' letter.
+ Scarcely was a quarter's payment
+ Due when mourning was their raiment.
+ Richards died. Alas! no cash would
+ Find its way to Captain Dashwood.
+ Dashwood's head began to swim--
+ Not a shilling left to him!
+ "Ha, I'll have it still," cried he;
+ "Justice dwells in Chancery."
+ So the case was straightway taken
+ To the court of V.-C. Bacon.
+ Vainly Dashwood cash expended
+ The executors defended,
+ Claiming that what Richards wrote
+ Was not worth a five-pound note;
+ First because the dead testator
+ Well, not wisely, loved the "cratur,"
+ More than that, had often been
+ In delirium tremens seen;
+ Secondly, because he signed
+ When he did not know his mind;
+ Third, because pollicitation
+ Is not good consideration.
+ Law, of justice independent,
+ Gave its judgment for defendant.
+ Poorer than he was at first,
+ That unhappy plaintiff cursed,
+ With a special satisfaction
+ Cursed the day he brought his action.
+ Would that he'd in India tarried!
+ Would that he had never married!
+ He, alas, is tied for life
+ Pauper to a pauper wife,
+ Scarce consoled that on his name
+ Equity reports shower fame,
+ Bearing down to endless ages
+ Dashwood's story on their pages.
+
+
+_EX PARTE_ JONES
+
+(18 Chancery Division, 109)
+
+ Oh for the wily infant who married the widow and made
+ Profit of coke and of breeze, and never a penny he paid!
+ Oh for the Corporation of Birmingham cheated and snared,
+ Taking orders for coke that the widow and infant prepared!
+ Oh for the Court of Appeal, and oh for Lords Justices three!
+ Oh for the Act that infants from contracts may shake themselves free!
+ Oh for the common law with its store of things old and new!
+ Birmingham coke is good and good Coke upon Littleton too.
+
+
+FINLAY _v._ CHIRNEY
+
+(20 Queen's Bench Division, 494)
+
+ When love-sick man descends to folly
+ And gets engaged, he must not stray,
+ The jury takes the part of Polly,
+ And if he jilts her, he must pay.
+
+ The only way his fault to cover,
+ From damages and costs to fly,
+ To leave his jilted lady-lover
+ Without an action is--to die![L]
+
+[L] The decision was to the effect that in most cases an action for
+breach of promise of marriage does not survive against the
+representatives of the promiser.
+
+
+POLLARD _v._ PHOTOGRAPHIC COMPANY
+
+(40 Chancery Division, 345)
+
+ "Shall I take your photograph, my pretty maid?"
+ "You may if you like, kind sir," she said.
+
+ "Do you like your photograph, my pretty maid?"
+ "It is more than flattering, sir," she said.
+
+ "I'll publish your photograph, my pretty maid."
+ "Indeed but you won't, kind sir," she said.
+
+ "As a Christmas card, my pretty maid."
+ "The very idea, kind sir!" she said.
+
+ "But what if I've done it, my pretty maid?"
+ "I'll get an injunction, sir," she said.
+
+ "The law is with you, my pretty maid,"
+ The learned judge of the Chancery said.
+
+ "You have proved the negative, my pretty maid,
+ A difficult thing in law," he said.
+
+
+THE MINNEAPOLIS CASE
+
+(_Tried in Minnesota in 1892_)
+
+ Kind reader, tarry here, nor miss
+ The law of Minneapolis.
+ There was a carpenter called Brown,
+ A citizen of that great town,
+ Who stood his "inexpressive she"
+ A dollar's worth of comedy.
+ Was it a Gaiety burlesque,
+ Or labour of Norwegian desk?
+ Or did they spout in stagey tones
+ Morality by H. A. Jones?
+ Or tear romance to rags and set it
+ In heavy platitudes by Pettit?
+ I know not, and it matters not,
+ The subject I have clean forgot.
+ Sufficient that the pair did sit
+ In expectation in the pit,
+ An expectation not fulfilled,
+ 'Twas otherwise by fortune willed.
+ Before this loving couple sat
+ In solitary state a hat--
+ A hat, I say, for in their wonder
+ They never noticed what was under,
+ The wearer must have been a "human,"
+ But might have been a man or woman.
+ 'Twas like a mountain crowned with trees
+ Amid the pathless Pyrenees,
+ Or like a garden planned by Paxton,
+ Or colophon designed by Caxton,
+ So intricate the work; and flowers
+ Were trained to climb its soaring towers,
+ Convolvulus and candytuft,
+ And 'mid them water-wagtails stuffed.
+ Such splendour never yet, I wis,
+ Had shone in Minneapolis.
+ But Brown was in a sore dilemma,
+ A dollar he had paid for Emma
+ To see a play, and not a hat;
+ A dollar, it was dear at that.
+ And Emma--disappointment racked her,
+ She never saw a single actor.
+ So Brown, with visage thunder-black,
+ Demanded both his dollars back.
+ The man who took the cash said, "Sonny,
+ Our rule is not to give back money.
+ But if you'll come another night,
+ Maybe you'll get a better sight."
+ So Brown went home and nursed his sorrow,
+ His writ he issued on the morrow.
+ A hundred dollars was his claim,
+ And the young lady claimed the same.
+ The case was argued, on revision
+ Of pleadings, this was the decision:
+ "The theatre's defence is bad,
+ Brown paid for what he never had,
+ He paid when in the pit he sat
+ To see a play and not a hat.
+ To bring defendants to their senses,
+ I find for plaintiffs with expenses."
+ _Justitiae columna sis_,
+ Wise judge of Minneapolis!
+
+
+COMMONWEALTH _v._ MARZYNSKI
+
+(21 New England Reports, 228 [Massachusetts, 1893])
+
+ [On a complaint for keeping open a tobacconist's shop on Sunday,
+ contrary to the law of Massachusetts, it was held that the court
+ will take judicial notice that tobacco and cigars are not drugs and
+ medicines, and will exclude the testimony of a witness who offers
+ evidence that they are.]
+
+ Against the statutes of the Old Bay State
+ Marzynski on a Sunday stood behind
+ His counter, well content his gain to find
+ In pipes not pills, cigars not carbonate.
+ From breakfast till 'twas dusk at half-past eight
+ Tobacco cheered this hardened sinner's mind,
+ The price of it his pockets, disinclined
+ To add their dime to the collection plate.
+ The State Attorney claimed the penalty;
+ "Cigars are no cigars," said the defence,
+ "But drugs, and we have witnesses to prove it."
+ "Cigars to be cigars judicially
+ We notice, and reject the evidence."
+ So said the Court, and spat, and nought could move it.
+
+
+
+
+Translations
+
+
+
+
+Translations
+
+
+GREEK ANTHOLOGY
+
+
+X. 48
+
+ Woe to the house whose mistress was a slave!
+ So say old saws, my own in aid I crave;
+ Woe to the court whose judge once spake for fees,
+ Though he were readier than Isocrates!
+ An advocate that pleaded once for pelf
+ Scarce on the bench forgets his former self.
+
+ _Palladas._
+
+
+XI. 75
+
+ This Olympicus of old
+ Had, Sebastus, I am told
+ Quite his share of upper gear,
+ Nose and chin and eye and ear.
+ All he lost, and by his fist--
+ He became a pugilist.
+ Loss of members with it drew
+ Loss of patrimony too.
+ When his birthright he would claim,
+ Into court his brother came
+ With a portrait, saying, "Thus
+ Looked the old Olympicus."
+ None could any likeness see,
+ Disinherited was he.
+
+ _Lucillus._
+
+
+XI. 141
+
+ A pig, a goat, an ox I lost:
+ I want them back at any cost,
+ And so retained, O woful fate!
+ Menecles for my advocate.
+ But tell me, will you, what have these
+ In common with Othryades?
+ The heroes of Thermopylae
+ Have nought to do with theft from me.
+ Against Eutychides I bring
+ My action for a trivial thing.
+ Let Xerxes rest a little space,
+ And leave the Spartans in their place.
+ For if you don't put all this by
+ I'll go into the streets and cry,
+ "The voice of Menecles is big,
+ But what about my stolen pig?"
+
+ _Lucillus._
+
+ [This Epigram is probably an imitation of that of Martial, on p.
+ 90.]
+
+
+XI. 143
+
+ Pluto rejected at his gate
+ The soul of Mark the advocate;
+ "No, Cerberus my dog," quoth he,
+ "Will make you pleasant company;
+ But if within you needs must go,
+ Practise on poet Melito,
+ And you shall have, if he won't do,
+ Tityus and Ixion too.
+ You'll be to hell the sorest ill
+ Of all that hell contains, until
+ There come to us worse barbarisms
+ When Rufus speaks his solecisms."
+
+ _Lucillus._
+
+
+XI. 147
+
+ So soon hath Asiaticus
+ The gift of eloquence achieved?
+ It was in Thebes it happened thus,
+ The story well may be believed.
+
+ _Ammianus._
+
+
+XI. 151
+
+ The statue of an advocate, as like as like can be.
+ And why? The statue cannot speak a word, no more could he.
+
+ _Anon._
+
+
+XI. 152
+
+ Paul, dost thou wish to make thy boy
+ An advocate like these his betters?
+ Then let him not his time employ
+ To useless ends in learning letters.
+
+ _Ammianus._
+
+
+XI. 251
+
+ The parties were as deaf as deaf could be,
+ The judge was far the deafest of the three.
+ Said plaintiff, "Sir, I ask for five months' rent."
+ Defendant, "Grinding corn all night I spent."
+ "Why," quoth the judge, "dispute? Your mother's claim
+ Is good, and you must both support the dame."
+
+ _Nicarchus._
+
+
+XI. 350
+
+ Remember justice and her yoke, and know
+ That 'gainst the wicked votes of "Guilty" go.
+ Thou trustest in thy cunning speech, thy power
+ Of speaking words that vary with the hour.
+ Hope what thou wilt, thy trifling tricks are vain,
+ Thou canst not make the path of law less plain.
+
+ _Agathias._
+
+
+XI. 376
+
+ Once to Diodorus came a client in a state of doubt,
+ And to that most learned counsel thus he set the matter out:
+ "Alpha Beta found a slave-girl who had run away from me:
+ To a slave of his he wed her, though she was my property,
+ Well he knew she was my chattel; she has had a child or two;
+ Now I cannot tell for certain whose the children are, can you?"
+ Diodorus thought, consulted all authorities on "Slave,"
+ To his client turned his furrowed brows and slowly answer gave:
+ "'Tis to you or to the other who, you say, has done you wrong,
+ That the children of the handmaid rightfully of course belong,
+ Your best plan will be the matter in the proper court to place,
+ So you'll get a good opinion whether you have any case."
+
+ _Agathias._
+
+
+PLAN, 193
+
+ "Good Hermes, only just one cabbage plant."
+ "Stop, stop, my thieving traveller, you can't."
+ "What, grudge me one poor cabbage! is it so?"
+ "Nay, I don't grudge it, but the law says no.
+ The law says, Keep your itching palms, d'ye see,
+ From meddling with another's property."
+ "Well, this beats anything I ever saw!
+ Hermes against a thief invokes the law."
+
+ _Philippus._
+
+
+APPENDIX, 385
+
+ Pupils seven of Aristides,
+ Tell me, how are ye?
+ Four of you are walls, beside is
+ Nought but benches three.
+
+ _Another Version_
+
+ Seven pupils of the rhetor
+ Aristides, how are ye?
+ Seven! _Hoc et nihil praeter_,
+ Four are walls and benches three.
+
+ _Anon._
+
+
+MARTIAL
+
+
+_In Caium_
+
+ "Lend me sestertia, Caius, only twenty,
+ 'Tis no great thing for you who roll in plenty."
+ He was an old companion, and his coffers
+ Were full enough to stand such friendly offers.
+ "Go, plead in court," said he; "'tis pleadings pay us."
+ "I want your money, not your counsel, Caius."
+
+ _Martial_, ii. 30.
+
+
+_In Causidicum_
+
+ 'Tis said that some bold advocate
+ Has dared to criticise my poem,
+ His name I have not learned, his fate
+ Will be a warning when I know him.
+
+ _Martial_, v. 33.
+
+
+_In Postumum Causidicum_
+
+ No claim for trespass do I bring,
+ Or homicide, or poisoning.
+ I claim that by my neighbour's theft
+ Of she-goats three I was bereft.
+ The judge of course wants evidence,
+ But you go wandering far from thence,
+ And with a mighty voice declaim
+ Of Mithridates and the shame
+ Of Cannae, and the lies of old
+ That Punic politicians told.
+ And why should you pass Sylla by,
+ The Marii and Mucii?
+ When, Postumus, d'ye hope to reach
+ My stolen she-goats in your speech?
+
+ _Martial_, vi. 19.
+
+
+_In Cinnam_
+
+ Is this advocacy, Cinna, this a type of lawyers' powers,
+ This immense oration, Cinna, some nine words in some ten hours?
+ Waterclocks I grant you asked for, Cinna, yes, you called for four;
+ There you stopped, such wealth of silence, Cinna, ne'er was seen
+ before.
+
+ _Martial_, viii. 7.
+
+
+THE COURT OF REASON
+
+ A thousand doubts and pleadings in a day
+ Are filed in Empress Reason's court supreme
+ By angry Love--his eyes with anger gleam.
+ "Which of us twain hath been more faithful, say.
+ 'Tis all through me that Cino can display
+ The sail of fame on life's unhappy stream."
+ "Thee," quoth I, "root of all my woe I deem,
+ I found what gall beneath thy sweetness lay."
+ Then he: "Ah, traitorous and truant slave!
+ Are these the thanks thou renderest, ingrate,
+ For giving thee a maid without a peer?"
+ "Thy left," cried I, "slew what thy right hand gave."
+ "Not so," said he. The judge, "Your wrath abate.
+ I must have time to give true judgment here."
+
+ _Cino da Pistoia._
+
+ [Imitated by Petrarch in the conclusion of the Canzone, _Quell'
+ antico mio dolce empio signore_.]
+
+
+TO ROME
+
+ Tell me, proud Rome, why dost these edicts read,
+ These many laws by prince or people made,
+ Or answers by the prudent duly weighed,
+ When now thou canst the world no longer lead?
+ Thou readest, sad one, of each ancient deed
+ Where thy unconquered sons their might displayed,
+ Afric and Egypt at thy feet were laid,
+ But slavery, not rule, is now thy meed.
+ What boots it that thou wast of old a queen,
+ And over foreign nations heldest rein,
+ If thou and all thy fame no more exist?
+ Forgive me, God, if all my days have been
+ Devoted to man's laws, unjust and vain
+ Unless Thy law within the heart be fixed.
+
+ _Cino da Pistoia._
+
+
+JUSTICE
+
+ Ah! justice is a virtue bepraised and full of worth,
+ It castigates the sinner, and peoples all the earth,
+ And kings with care should guard it--instead they now forget
+ The gem that is most precious in all the coronet.
+ Some think they may do justice by cruelty, I wist;
+ But 'tis an evil counsel, for justice must consist
+ In showing deeds of mercy, in knowledge of the truth,
+ And executing judgment it executes with ruth.
+
+ _Pedro Lopez de Ayala._
+
+
+THE POET AND THE ADVOCATE
+
+
+ Glory and gain thus mixed distract the thought,
+ We owe to honour all, to fortune nought;
+ The poet, like the soldier, scorns for pay
+ Peruvian gold, but seeks the wreath of bay.
+ How is the advocate the poet's peer?
+ The poet's glory is complete and clear;
+ He far outlives the advocate's renown,
+ Patru is e'en by Scarron's name weighed down.
+ The bar of Greece and Rome you point me out,
+ A bar that trained great men, I do not doubt,
+ For then chicane with language void of sense
+ Had not deformed the law and eloquence.
+ Purge the tribune of all this monstrous growth,
+ I mount it, and my soul will sink, though loth,
+ Will yield to fortune and will speak in prose.
+ But since reform in this so slowly grows,
+ Leave me my tastes, for I aspire to be
+ By verse ennobled to posterity,
+ To hold first place in arts above the law,
+ More grave and noble than it ever saw.
+ Fraud in this age of ours unpunished can
+ Tread down the equity so dear to man.
+ Can you for spirits just and generous find
+ A fairer cause to plead before mankind?
+ Mother or stepmother let Fortune be,
+ The theatre and not the bar for me;
+ For client virtue, truth for counsel's wage;
+ For judge the present and the coming age.
+
+ _Piron_, _La Metromanie_, Act iii. Sc. 7.
+
+
+MORRISON AND GIBB, PRINTERS, EDINBURGH.
+
+
+
+
+
+End of the Project Gutenberg EBook of Briefless Ballads and Legal Lyrics, by
+James Williams
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