The Project Gutenberg eBook of Briefless Ballads and Legal Lyrics
Title: Briefless Ballads and Legal Lyrics
Author: James Williams
Release date: May 2, 2008 [eBook #25281]
Most recently updated: January 3, 2021
Language: English
Credits: 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
VERSES SUITABLE FOR RECITATION
AND OTHER POEMS
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]
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 |
| Comœdia 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 |
Pieria in Medio plenior unda ruit.
Justinian at Windermere
To Windermere between us,
Our dons had blessed our studious looks,
Had they by chance but seen us.
And Hallam's Middle Ages,
And Austin with his style so rare,
And Poste's enticing pages.
Was deadly dull and quiet,
As dull as Mrs. Wood's East Lynne,
Or as the verse of Wyatt.
From nine until eleven,
Then rowed and sailed until we fed
On potted char at seven.
Next day to recreation,
Much illness springs, so doctors note,
From lack of relaxation.
Who has a soul that grovels;
Better one tale of Thackeray's
Than all Justinian's novels.
We could not stand the slowness
Of our lone inn, so dined on steak
(They called it steak) at Bowness.
Rose Jack in such a hurry,
He saw a girl he used to know
In Suffolk or in Surrey.
Should lure him from his duty!
For Jack, I knew, would always be
A very slave to beauty.
Grew taciturn and thinner,
Was out all day alone, and back
Too often late for dinner.
All led to one conclusion;
I could not read; our work, heaven knows,
Was nothing but confusion.
Saw Wordsworth's writing-table,
And made the higher by a stone
The "man" upon Great Gable.
To all his wanderings solus,
He learned what writers on the laws
Of Rome had meant by dolus.
Without a pang threw over
Poor Jack and all his works like dirt,
And caught a richer lover.
We had not been quite idle,
And then to end the arduous day
Enjoyed a swim in Rydal.
Was packed once more in cases,
We left the lakes and hills and brooks
And southward turned our faces.
Our unbelieving college
Saw better than ourselves what fools
Pretend sometimes to knowledge.
He gave as his opinion
That of the Roman jurists none
Had lived before Justinian.
Was lacking in discretion,
I reckoned guardianship amid
The vitia of possession.
I held that commodata
Could not attest a prætor's will
Because of culpa lata.
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
Had taxed my brain until the noon of night,
I read old law, and loathed the long dominion
Of fiction over right.
The works where ancient learning reigns supreme,
Until exhausted nature, moved with pity,
Sent me a bookman's dream.
Floated before my eyes, and all the six
Were shades like those that once the bard of Mantua
Saw by the shore of Styx.
His toga dim with centuries of dust;
"My name," quoth he, "is Aulus and Agerius,[B]
My voice is hoarse with rust.
And writers wrote of one they never saw,
I gave their point to formulæ and pleadings,
I lived but in the law."
What wonder? Prætors launched their formulæ
In vain against Numerius Negidius,
And not a whit cared he.
"In interdicts thou wast mine enemy,
Once passed no day that students did not call us
As parties, me and thee.
On paper thou wast evermore the same;
We lived apart, a life that was transcendant,
For it was but a name.
"It was by thee that I was always tricked,
My unsubstantial bread I ate unbuttered
In dread of interdict.
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."
Each trundled him a cart-wheel by the spokes,
Oblivion now their names hath well-nigh swallowed,
For they were Stiles and Nokes.
With bovine eyes they supplicated me;
"We wot not what ye will, but prithee leave us,
Unlettered folk are we."
Crush autumn apples in the cider press,
Law, gaffer Stiles, thy humble name still hallows,
Contracted to J. S."
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.
In the brave days of old," I heard one say;
"I knew Elizabeth, the Lord Protector
I spake with yesterday."
"There was no living blood our veins to fill.
Both you and I were nought but shadows, brother,
And we are shadows still."
The hosts made way for passage of the king,
For from the darkness crept there forth a widow
In weeds and wedding ring.
Of Scotland sang, their cruel words so smote
My tender heart, that ofttimes itched my fingers
To take them by the throat.
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 prætor 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
In tenderest years in tether,
At six we waded in the sea
And caught our colds together.
A kind of heathen cricket,
A croquet mallet was the bat,
The Squire's old hat the wicket.
With home-made bow and arrow
We took to shooting—once I know
I all but hit a sparrow.
I climbed the oaks and ashes,
'Twas deadly work for hands and knees,
Deplorable for sashes.
We played in merry laughter,
'Twas then she hid her heart away,
I never found it after.
For out of the professions
I chose the Bar as best of all,
And joined the Loamshire Sessions.
Her father, short and pursy,
Doled out scant justice in the chair
And even scanter mercy.
To Judith of Bethulia,
So I fell victim, but instead
Of Judith it was Julia.
Of Julia I was thinking,
And once I heard a coarse remark
About a fellow drinking.
Both in and out of season,
It was indubitably rhyme,
Occasionally reason.
Had not concealment fed on
My damask cheek, but left my nose
With twice its share of red on?
At last, in desperation
I went to Loamshire on pretence
Of death of a relation.
To London for a visit,
But with a wedding coming on
That's not surprising, is it?
That she is young to marry,
But ever since she first came out,
She's been engaged to Harry."
Her Letter in Chambers
And dreamed that she wrote me a letter,
And for that dream to the end of my days
To Fancy I owe myself debtor.
The morning was bright and sunny,
And showed me a sheaf of circulars, stock
Attempts to get hold of my money.
A dainty notelet lay hidden,
It seemed as though it had half a mind
To consider itself forbidden.
With a touch of her queenly bearing,
So Venus wrote when she ordered in Crete
Her doves to take her an airing.
'Twas a pressing invitation
To dine at her house to-morrow, and bring
My book for her approbation.
A little volume of verses,
And in the volume whatever is best
The praise of herself rehearses.
A happier dream than ever,
I see her beautiful eyes soft gleam
As she murmurs, "How lovely—how clever!"
But who can be angry after
Now sweet with pity he marks her face,
Now bright with impulsive laughter?
Law and Poetry
A common pathway follow,
For Themis in the mythic time
Was sister of Apollo.
As daintily as Dryads,
And law in Wales to be complete
Was versified in triads.
Composed his code in metre
Thereby to make its flavour feel
A little bit the sweeter.
A trifle inconsistent,
And now in statutes poetry
Is wholly non-existent.
Before his fellows know it
Has had bestowed on him by fate
The laurel of the poet.
In truth a rara avis,
Find precedents in Cicero
And our Chief Justice Davis;
So plaintive a narrator
Of fair Selvaggia's cruelty,
Won fame as a glossator.
And Scott and Alciatus,
And Grotius with an ample store
Of most divine afflatus.
Depend on his profession,
Bethink him that the art of these
Was not their sole possession.
Is scarcely a Pactolus,
A richer prize is theirs who con
Dull treatises on dolus.
To cut themselves asunder
From bonds of law like old Molière,
While lawyers gaze in wonder.
Had Goethe lived by pleading
Or Tasso won a hopeless case
With Ariosto leading.
Somewhere
Cities of Cocaigne there are,
Paradises of the Bar.
Counsel cease to see the fun
Lurking in a judge's pun.
Beauty joins utility,
Ushers answer courteously.
For revisorships no more,
Every shire has half a score.
Scientifically taught
Cross-examines as it ought.
Executions are not stayed,
Fees are almost always paid.
Banquets on the circuit mess,
Fleshpots in the wilderness.
Court and counsel cease to cite
Pointless cases recondite.
Whereupon the judges found
Judgments generally sound.
Basing on the evidence
Verdicts of intelligence.
Woven cunningly of lies
Part in twain at truth's clear eyes.
Till the right that suffered long
Sings at last its triumph song.
Peopled by a perfect race—
One side holds a losing case.
Heaven hath made an honest man,
Somewhere in Aldebaran.
Roman Law
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.
Drives forth the law of cessio bonorum,
Peculium castrense speaks to me
Of Horace and his Dulce et decorum.
Instead of testamentum militare,
And wander far away from agent's powers
To picture me again some Maud or Mary.
Why should the title De Societate
Suggest, not trading partners, as it ought,
But visions of my last night's valse with Katie?
Stern law again asserts her domination,
'Tis cruel 'mid the new-mown hay to bask,
And find one's mind is running on novation;
To hear the distant voice of Philomela
Expound the three varieties of dos
And wax right eloquent about tutela.
Dining with one who well knew how to dine us,
But when I slept, the charm soon fled away,
I dreamed I was a prætor peregrinus.
A poor reward it is to stand confessed as
The Virgil of the interdict de vi,
The Petrarch of the patria potestas.
Bologna
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 cowlèd 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
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.
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.
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.
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.
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 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.
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]