t. ■,'•..;{:'.'■ ',;'i-Ai"i. ''*',.?■',• '|t-i -•,■;■'. -m^^ '':/'' -M :ji-, i.#':. ..^J)iini Caivli'LOInUr/ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES LEADING CASES DONE INTO ENGLISH tj^ LEADING CASES DONE INTO ENGLISH AND OTHER DIVERSIONS BY Sir FREDERICK POLLOCK, Bart. Tibullus. How now, Ovid ! Law cases in verse? Ovid. Troth, if I live, I will new dress the law In sprightly Poesy's habiliments. Ben Jonson, The Poetaster, Act I. MACMILLAN AND CO. AND NEW YORK 1892 A II rights reserved The yirst Edition of " Leading Cases" was published in July 1876, reprinted September Ti-j6 and in 1S77. The other Diversions are 71010 (1892) collected for the first time. f\6 ^ TO ALGERNON CHARLES SWINBURNE 653240 PREFACE In setting my own name to a collection of trijfies including several parodies of our recent and living masters in English poetry, I feel that a word of explan- ation is due. Parody does not, to my mind, imply any want of respect for the original. Rather I would say that, where the original has any real worth and distinction, no parodist can succeed who has not a fairly adequate sense of its distinctive merits. Indig- nation or contempt may give point to a parody in special cases ; there are also parodies which we enjoy sim.ply as grotesques, with little or no thought of their correspondence to the thing parodied. A very few great writers are too universal to give a handle to parody ; many who are not obscure give none for an opposite reason, that they lack any prominent character at all. I believe this doctrine to be sound ; but I have viii PREFACE thought it well to secure myself in it by the best possible warrant. This volume is dedicated to Mr. Swinburne : his friendly acceptance is conclusive proof that at least one of our chief poets in this generation holds the same magnanimous view that was held by Scott, Byron, and others in the classical case of the Rejected Addresses. I am happy to think that these diversions acquire, by being associated with his name, a title to remembrance independent of their own deserts. My acknowledgments and thanks are hereby given to the owners of the journals in which several of the miscellaneous pieces now first collected have appeared from time to time. F. P. i^ TABLE OF CASES REPORTED IN THIS BOOK Armory v. Delamirie CoGGS V. Bernard . Dickson v. Great Northern Railway DovASTON V. Payne Lady Eli bank v. Montolieu Elwes z>. Mawe Johnson v. Gallagher Man BY V. Scott Marriot v. Hampton Montague v. Benedict MosTYN V. Fabrigas Pasley v. Freeman Scott v. Shepherd Seaton v. Benedict The Six Carpenters' Case Strathmore (Countess of) v. Bowes Co. PAGE lO 4 52 29 46 32 46 44 39 45 22 26 13 45 I 45 TABLE OF CASES WiGGLESWORTH V. DaLLISON In the Matter of the X. CoMrAxv, Limited Dedication to J. S. . 17 48 55 DIVERSIONS Shakespeare : King Henry V. . Lord Tennyson : Boadicea The Epic of Clovelly . . . . _ The Hindu Ascetic .... The Burial of Demos .... To the Memory of Richard Monckton Milnes Napier of Magdala .... NoN Commovebitur .... With Grimm's Marchen .... Die Symphonien Beethovens . A Ballade of Autumn .... Lines on the Death of a College Cat Atman ...... Un Enfant fin de Siecle 60 68 7^ 74 77 83 85 86 88 89 90 92 94 97 LEADING CASES DONE INTO ENGLISH I.— THE SIX CARPENTERS' CASE (i Sviith, L.C. 144, <)th ed.) This case befell at four of the clock (now listeneth what I shall say), and the year was the seventh of James the First, on a fine September day. The birds on the bough sing loud and sing low, what trespass shall be ab initio. It was Thomas Newman and five his feres (three more would have made them nine), and they entered into John Vaux's house, that had the Queen's Head to sign. The birds on the bough sing loud and sing low, what trespass shall be ab i?iitio. B I Sept., 7 Jac, in London, in the parish of St. Giles extra Cripple gate, hora qua7-ta post meridiem. "Upon the new- assignment, the plaintiff assigned the trespass in a house called the Queen's Head, . . . with a common sign at the door of the said house fi.\ed, &c." LEADING CASES They called anon for a quart of wine (they were carpenters all by trade), and they drank about till they drank it out, and when they had drunk they paid. The birds on the bough sing loud and sing low, what trespass shall be ab initio. "One John Rid- ding, servant of the said John Vaux, at the re- quest of the said defendants, did there then deliver them another quart of wine and a pennyworth of bread, amount- ing to Srf., and then they there did drink the said wine and eat the bread " — (Et semble que ceo est mervellous petit manger et bever pur vj. homes) — "and upon request did refuse to pay for the same." .\ c t i o n trespass. of One spake this word in John Ridding's ear (white manchets are sweet and fine) : " Fair sir, we are fain of a penn'orth of bread and another quart of wine." The birds on the bough sing loud and sing low, what trespass shall be ab initio. Full lightly thereof they did eat and drink (to drink is iwis no blame). " Now tell me eight pennies," quoth Master Vaux ; but they would not pay the same. The birds on the bough sing loud and sing low, what trespass shall be ab initio. " Ye have trespassed with force and arms, ye knaves (the six be too strong for me), but your tortious entry shall cost you dear, and that the King's Court shall see. DONE INTO ENGLISH The birds on the bough sing loud and nought low, your trespass was wrought ab hiitio.''' Sed per totam curiam 'twas well resolved Second resolu- tion in the case. (note, reader, this difference) that in mere not doing no trespass is, and John Vaux went empty thence. ideo predict' jo- . hannes in miseri- The birds on the bough sing loud and sins low, cordiaet defend' ° ° O ' sine ^jig_ no trespass was here ab initio. II.— COGGS V. BERNARD (i Sm. L.C. 201) Holt, C. J. — Brethren, ye see this cause, and the land's need Laid on this bench this day, whereof our speech Should be the sentence of no darkling tongue, Seeing we are set amidst this strife of men As wardens of a vast and windy shore Stormed on with surf and shocks of violent seas. To kindle some sure beacon for a sign Shining henceforth to seaward ; such a light Men look for from this face of most high law. Ardent with prophecy, and illuminate With fire of constellated precedents. Most royal in bounty ; wherefore in this case, Sirs, I have much considered, questioning Our books within myself, not as the fool LEADING CASES DONE INTO ENGLISH That lightly utters fruits of a light mind, But weighing, as this declaration is, How it shall lie ; and now for very law, Seeing with eyes of clear and equal sight, I hold it will, for if a man will take This thing upon him, saying he will remove His neighbour's goods, and safely lay them down From cellar unto cellar, and with sloth Of spirit unskilled and lax improvident hand Cast those goods down and spoil them, what reward Shall the Court give to this man ? yea, I think He shall not hunger or lack for meet reward, Though he did look for none, nor were by trade A common porter ; such a sixfold coil Of divers sorts of bailments, binding men With diverse powers to manifold degrees Of vigilance and answerable care. Is woven and shed around him as a net Inevitable, whose woof of ancient wit I first of all men born in all this land Shall now in seemly wise with ordered speech Spread forth, and through this undistinguished field LEADING CASES Drive the clean ploughshare of dividing mind, Ox-wise returning to and fro, till all Be ready for the seed that springs to fruit Of judgment ; and the first is where a man Hath taken goods to wait the bailor's use Hireless, in unrewarded custody And bare deposit ; he shall safely walk Blameless in equal ways, preserving them AVith equal care like as he doth his own, Be it or great or small ; but negligence Gross and apparent, seeing an evil mind Therein we deem to work his own effect Of fraud and malice, to the utmost loss Shall surely bind him ; such not doubtful voice Of witness clear and consonant is poured In ears made meet for hearing from this book Of Bracton, who, being old, yet speaketh law Most righteous ; nor this once, but twice and thrice He speaketh, meting fitting measure of care To loans gratuitous and commodate. Or else for hire, demanding diligence Most strait and perfect ; the next case is fourth In several station that with borrowed pledge DONE INTO ENGLISH And pawn invadiate holds the middle way Not facile as the first, nor stern to seek Consummate care, whose weight and whole recoil Even now with one fifth wave of forceful need Falls on that carrier who for all men's use Doth exercise his calling, being bound In all events against all jeopardies, Yea, though an irresistible multitude With might of hands and violent mastery Should make his freight their quarry : what sheer stress Of the land's embattled foemen, or the act Of most high Gods hath wrought of ruin, shall rest Excusable, that only ; but who takes Like trust by private and peculiar hand, Having reward, shall bear the lighter charge Fulfilled and perfect in such measure of care As reason bids ; and lo, the sixth of kind Of these folk holden of six necessities Is this rewardless one who holdeth goods In simple mandate ; and on him no less His undertaking, and the owner's trust Clothing his promise with investiture LEADING CASES Of apt consideration, lay the load Of diligence in duty, that thereby The sure sweet common faith of man to man Shall lighten level from eyen to equal eyes Of one to other, not being desecrate In desolate places and dispraised of men. But ye, of staves compact of cooper's craft Most pitiful, whose glory of bended wood Is shattered, and the spirit of life therein Spilt with the cask's undoing, I bid you hail. Lift up your heads with whatso lifting up Slain men may lift them; yea, be strong of heart. Deem not yourselves as dead, seeing this your bane Shall flower for life-giving to England's law, A leading case for ever, and each drop And several runlet of this liquor shed In Water-lane ^ shall rise in Westminster A fountain-head and wellspring of clear streams Perennial ; so this court hath judged and I. 1 The cause of action was that the defendant had undertaken ' ' Salvo et secure elevare, AngUce to take up, several hogsheads of brandy then in a certain cellar in D. et salvo et secure deponere, Anglice to lay DONE INTO ENGLISH them down again in a certain other cellar in Water-lane," and "the said defendant and his servants and agents tarn negUgetiter et improvide put them down again into the said other cellar quod per defectum curcB ipsius the defendant, his servants and agents, one of the casks was staved, and a great quantity of brandy, ids. so many gallons of brandy, was spilt." III.— ARMORY V. DELAMIRIE (I S}n. L.C. 385) The Argument. — This tale shaweth hoiu a poor chimney -sweep found a goodly jewel, atid by the guile of a goldsmith' s prentice was like to lose all fruit thereof ; yet afterward, in Hilary Term of the eighth year of George the First, brought trover for the same and had his damages, and moreover wrought thereby a perpetual memory of his name and an occasion for excellent learning. In Middlesex, that excellent county, there dwelt a little sweep hight Armory, which clomb and crope in chimneys strait and small, to earn full scanty living therewithal. This Armory, one time as he doth fare sadly about his toil, is haply ware, looking to earthward, of a glittering thing, and putteth hand thereto, and lo a ring with gold ywrought and seemly stones therein. To know the worth hereof he fain would win, and bringeth it unto a stall thereby, Iw LEADING CASES DONE INTO ENGLISH 1 1 where sat a goldsmith, hight Delamirie, and eke a prentice knave of evil wit : (I n'ot his name, the book saith nought of it.) This prentice, then, as he would weigh the ring, took it in hand, and of his false cunning hath from the socket done the stones clean out. Anon he cried, " Master, thereof no doubt, three halfpence is the worth, there nis no more." Quod Armory, " Me this misliketh sore : give me my jewel back, and fare ye well with such folk which have will good cheap to sell." For all his words they gave him for the nones the socket empty and withouten stones, and leugh upon him and gan call him thief. Therefore full wisely telleth he his grief to men of law, which answered him anon : " The fmder hath lawful possession for all men, save the very owner's title. Eke from this master ye shall have requital, for wrong that servant doth, books techen so, in master's business, iwcet dovmio." What needeth wordes mo : the suit is brought ; it falleth every point as thus was taught. And seeing by this wickedness the stone 12 LEADING CASES DONE INTO ENGLISH was made away, and his worth known to none, craftsmen there came to show by weight and tale what gems of best and uttermost avail might in the compass of that ring be laid ; with no less damage it should be apaid : for what man hideth truth in wrongdoing, against him the law deemeth everything. Thus hath the justice given doom aright, and Delamirie goeth in ill plight, and Armory is joyful of his gain. The tale is done, there is no more to sain. o IV.— SCOTT r. SHEPHERD \ (i Sm. L.C. 4S0) ANY PLEADER TO ANY STUDENT Now, you're my pupil ! On the good ancient plan I shall do what I can For your hundred guineas to give wy law's blue pill \ (Let high jurisprudence which thinks me and you dense, Set posse of cooks to stir new Roman soup ill) : First volume of Smith shall give you the pith Of leading decision that shows the division Of action on case from plain action of trespass Where to count in assault law benignantly says " Pass! " Facts o' case first. At Milborne Port Was fair-day, October the twenty and eight, And folk in the market like fowls in a crate ; Shepherd, one of your town-fool sort (From Solomon's time they call it sport, 14 LEADING CASES Right to help holiday, just make fun louder), Lights me a squib up of paper and powder (Find if you can the law-Latin for't) And chucks it, to give their trading a rouse. Full i' the midst o' the market-house. It happed to fall on a stall where Yates Sold gingerbread and gilded cates (Small damage if they should burn or fly all) ; To save himself and said gingerbread loss. One Willis doth toss the thing across To stall of one Ryal, who straight on espial Of danger to his wares, of selfsame worth, Casts it in market-house farther forth. And by two mesne tossings thus it got To burst i' the face of plaintiff Scott. And now 'gainst Shepherd, for loss of eye Question is, whether trespass shall lie. Think Eastertide past, off crowds and packs town Where De Grey, Chief Justice, and Nares and Blackstone And Gould his brethren are set in banc In a court full of Serjeants stout or lank. With judgment to give this doubt an end (Layman hints wonder to counsellor friend, DONE INTO ENGLISH 15 If express colour be visible pigment, And what's by black patch a-top Serjeant's wig meant). Nares leads off, opines with confidence Trespass well lies and there's no pretence But who gave squib mischievous faculty Shall answer its utmost consequence {Qtci facit per alium facit per se) : Squib-throwing a nuisance by statute, too ! Blackstone, more cautious, takes other view. Since 'tis not all one throw, but an impetus new Is given to squib by Ryal and Willis, When vis first impressa thereon spent and still is ; In fine, would have justice set mouth firm, not sound awry. But teach forms of action to know each his boundary. Gould holds with Nares :— If De Grey pairs ? That were, odzooks, equipoise, dignus vitidice Nodus ! But — " I too on same side faith pin, d'ye see," So De Grey spake — " For, as I take It, the consequences all flowed of course From Shepherd's original wrongful force : Seen rightly, in this case difference 7iil is In squib's new diversion by Ryal and Willis, Whom (against Brother Blackstone, I'm free to confess it) I 1 6 LEADING CASES DONE INTO ENGLISH Account not free agents, since merest necessity Bade cast off live squib to save selves and wares." For such reasons, concurs with Gould and Nares. E7-go, " Postea to the plaintiff." Next, digest learned editor's notes, Mark the refinements, preceptor acquaint if You've duly mastered cases Smith quotes — Eh? — No ! What says book here? As I'm alive, " Distinctions, had place in principal case. Since fifty-two make less ado. And in fact by Judicature Act, After November seventy-five. Last stumps of pleading by final weeding Are grubbed up and thrown adown wind to perdition So, note's omitted in present edition ! " Well — liquor's out, why look more at old bottle ? Gulp down with gusto, you that are young. These new Rules' ferment, tastes ill in my throttle. Since Justice, in nnhibus no more on high sitter, Descends to speak laymen's vulgar tongue. So be it ! Explicit — parum feliciter. v.— WIGGLESWORTH v. D ALLISON (I Sm. L.C. 569) " HiBALDSTOw Leys, they say, this field is call'd" — So I to Edwin, as he swung with slow Mechanic oscillation on the gate, Half mindful in dim chambers of the brain, If our new prophets read old riddles right, Of some ancestral four-foot playfulness — "A strange old name." But he, my country friend, Peal'd forth bucolic laughter, no dry crease And measur'd curl of nicer town-bred lips. But full cachinnant music from the lungs Catching the half-form'd word : " Ay, strange to you Strangers from town — but I — we know them well. The field and the field's tenant : there's a tale My grandfather could tell of Wigglesworth, c "This was an action of trespass for mowing, carrj'ing away, and converting to the defendant's own use, the corn of the plaintiff growing in a field called Hibald- stoiv Leys, in the parish of Hibald- sioiu, in the county of Lincoln." i8 LEADING CASES "One Isabella Dallison, de- ceased, being tenant for life, and Dallison, the reversioner in fee, made a lease ... to the plaintiff . . . for twenty - one years to be com- puted from the istof May, 1755." Old Wigglesworth ; his lease from Dallison (His lord late in reversion, now possess'd) Ran out, next May-day fills the hundred years : But he had sown his corn, good easy man, In custom'd thrift and course of husbandry, Thinking to cut and carry without fail And take by laudable and ancient use. Whereto man's memory finds in Hibaldstow No counter instance, his way-going crop From reasonable portion of his lands. He little dreamt the coil that should ensue — Action of trespass, declaration, plea Of liberum tenementum — and how else Their lawyers' jargon runs : for Dallison, The crop grown up, and farmer Wigglesworth Claiming the fruits, flatly withstood his right. I know not why — haply a fit of spleen ; Haply the scrivener-steward's over-zeal Would strain his lord's right to the utmost marge Of all those four-square and indented skins. Perpending clause and covenant, with dull ear Deaf to the promptings of the larger rule, Folk-law that needs no penman ; or, mayhap, \ x^ DONE INTO ENGLISH 19 The man's own ill desire, as such rank weeds Will wax in lordship and mere wantonness Of new possession, was to burst the bonds Devised of ancient wont and kindhness To save dominion whole, not marring use." He paus'd, and, careless, brush'd a careless gnat. Then I : " Nay, take me farther ; of these twain, Your downright farmer and your churlish lord. The landlord had already the nine points ; The farmer stirr'd the law then ? " " Ay, trust him For that ; a man, once mov'd, stout in his right— Or wrong at need — East-Anglian to the core ; Dallison kept him out, and mow'd the corn ; He sued and won." " Whether from flying foe Or fighting ? " " O, 'twas fought, and lustily, First up at 'sizes : there the jury found The custom clear for Wigglesworth ; but that Was only half the battle, Dallison Being East- Anglian too ; they took the cause To Westminster and set their tools to work, Motion and rule ; well, sir, it somehow grew. Through due and fitting course of tortuousness, Ripe for full argument ; then counsellors Clash'd in high joust with reasons, precedents, 20 LEADING CASES See the argument Statutcs : thcv sav, onc call'd the almanack for the defendant, {^ihl^.f^n^ir^. To witness no such custom could be good Since May-day was transform'd by change of style ; At last their quivers' crabbed store was spent, There came a hush, and nestling of great wigs In council — curia advisari viilt " — For Edwin, now a country squire, had sat With Templars, and such not uncherished scraps Clung to him from his days of eating terms — " And nothing fixt : but after certain days Lord Mansfield spake in words of pithy weight The judgment of the Court (the words were all His own, the judgment haply more than half) Deeming the custom righteous, just, and good, Seeing 'tis fit that he who sows should reap, And farming by such liberal custom's aid Shall gather increase, and the deed admit No jot of contradiction, but a right Nowise repugnant. And all this and more Is printed in a wise and weighty book, With gloss and commentary, case on case, Rich soil for fresh debate and argument To swell the garden of choice instances, And bless posterity with new delicacies Jw. DONE INTO ENGLISH 21 Of hair-breadth difference. Thus old Wigglesworth Fought for old use, and in his proper cause Stablish'd the general wont of Hibaldstow, And built himself an everlasting name." VI.— MOSTYN V. FABRIGAS (I Sm. L.C. 628) The situation and territorial sovereignty of Minorca, 15 Geo. III. Minorca lies in the Middle Sea, Within the zuard of Cheap to wit, Was aforetime of England's empery, And St. Mary -le- Bow to prosper it. The manner of government of the island. The false im- prisonment com- plained of in the case. John Mostyn bare rule within that land, Within the ward of Cheap to wit, On such as misliked him he laid strong hand. And St. Mary-le-Bow to prosper it. On Anthony Fabrigas he hath passed. Within the ward of Cheap to ivit. And his body in prison six days hath cast, And St. Mary-le-Bow to prosper it. JL,. LEADING CASES DONE INTO ENGLISH 23 And he drave him into the coast of Spain, Within the ivard of Cheap to wit, That a twelvemonth he might not come back again, A7ui St. Mary-le-Bow to prosper it. And this for no judgment or righteous cause, Within the ward of Cheap to wit. So hghtly this Mostyn did reck of laws, And St. Mary-ie-Bow to prosper it. " I may go to England and take mine ease. Within the ward of Cheap to tuit, For my trespass was done beyond the seas," And St. Mary-le-Bow to prosper it. Governor Mostyns vain confidence to escape the juris- diction of the English courts. But mark how Fabrigas doth devise. Within the ward of Cheap to wit, With pleaders and Serjeants wary and wise, Atid St. Mary-le-Bow to prosper it. Viz., Mr. Peck- ham and Mr. Serjeant Glynn. In the Common Pleas they have sued their writ, Within the ward of Cheap to ivit. And holden Mostyn to answer it, And St. Mary-le-Boiv to prosper it. Action in C.P. Capias. 24 LEADING CASES Pleadings and trial. The venue is laid with videlicet, Wit J 1171 the ward of Cheap to luit, The issue made up, and the jury met, A7id St. Mary-le-Boiv to prospei- it. Verdict for ;£3ooo damages and £,<^o costs. For three thousand pound was the verdict then, Within the tvard of Cheap to wit, And also for costs four score and ten. And St. Alary-le-Bow to prosper it. Proceedings in error : judgment affirmed. And Mostyn's Serjeants were not of skill, Within the ward of Cheap to wit, For to show that cause of action ill. And St. Mary-le-Bow to prosper it. There be actions local which must be tried, Within the ward of Cheap to wit. Where their proper cause doth of right abide, And St. Mary-le-Bow to prosper it. But trespass of transitory kind. Within the ward of Cheap to wit. Shall be laid where the plaintiff hath a mind, Atid St. Mary-le-Bow to prosper it. DONE INTO ENGLISH 25 And look, to what end a fiction is made, Within file ioa?-d of CJieap to wit. To the same it shall never be gainsaid, And St. Mary-le-Boiv to prosper it. Vide Lord Mans- field's judgment, Cowp. 177. Now fictions be dead, and venue undone, Within tlie ward of Cheap to wit. And local or transitory's all one. And St. Mary-le-Bow to prosper it. Common Law Procedure Acts and Judicature Acts. Et 1'idc W h i t a k e r v. Forbes (1S75), 1 C.P.D. 51- And this is the burden of time's swift feet, Within the ward of C/ieap to wit, And of leading cases grown obsolete, And St. Mary-le-Bow to prosper it. VII.— PASLEY V. FREEMAN (2 Sm. L. C. 74) Videlicet die It was Paslcy Came with his felaw X X j m o Feb. dic"''&c ^"^'^''' '° London town with wares to sell, sixteen bags of the fine cochineal, for buyers who should like them well. Stood up a buyer and spoke so fair, John Christopher Falch he had to name " Right well me liketh the cochineal fine, and I will freely buy the same." " If ye be fain to buy our wares, we must wot one thing or ere we sell : ye shall do us to wit if ye be of worth, a man to trust and credit well. LEADING CASES DONE INTO ENGLISH 27 " For but and the silver and gold were paid, this day were a day to rue full sore : two thousand pound is not the worth, nor if ye tell six hundred more." Joseph Freeman stood up and spake : " I rede you let the wares be sold, John Christopher is a man of trust for the white silver and eke red gold.' Appiert per le liver que le cochineal estoit de grand value — viz. ; del value ;^2634 i6i. id. They have given their wares to John Christopher, and set him a day to pay in hand ; John Christopher's fled o'er the wan water and left no goods within the land. Pasley is woxen as a man wood, to sit still him seemed nothing meet ; said, We'll up and sue this false Freeman, to do us right for his deceit. There was Grose the one justice, said this was but a lewed thing, for where ye find no word of promise, no action licth for bare lesing. A ma entente le fait fuit issint, coment que ceo nest expresse- mentnosme deins le liver. Nota que la ley d'Engleterre est auxi moult haulte et excellent sci- ence, que divers points ne poient estre facilement resolve, et pur graunt reson maynts foytz les justices different, come icy, quar Xil affiriiiatuin, nisi sit bene per- diibitatum. 2S LEADING CASES DONE INTO ENGLISH Buller was the other justice, said, Here is damage and deceit ; where by word of man be comen these twain, the third is, to requite his cheat. " It ought more emphatically to lie against him, as the malice is more diabolical, if he had not the temptation of gain." 2 Sm. L.C. at p. 90. Ashhurst was the third justice, said. Though he gain not by the lie, his malice is yet more curst of kind than if he had hope to win thereby. Lord Kenyon was the chief justice, said. Full little is left to tell ; but the fraud was plain and eke the loss, and I hold this action lieth well. Nota I'effect del statute. Et est assavoir que per reson et entende- ment poet home ovesque temps et diligence con- ustre la coiTien ley, mes les statutes nemye. So Pasley won that cause as then ; but merchants had thereof affright, and have letten ordain in Parliament, such words shall have no harm ne might to hold one bound for his fellow's trust, but if they be written in black and white. VIIL— DOVASTON zk PAYNE (2Sm. L.C. 154) The Court. " O what man are ye that cry so sore ? " Free and fair is the king's highivay. Dovaston. " My kine are gone, and I have no more, Replevin for tak- ing the cattle of Which Payne hath caught and doth keep the plaintiff. away." Cur. " That ye took his cattle, is this well seen ?" Free and fair is the king's highivay. Payne. " They were damage feasant in my demesne, Avowry. And therein I took them, as well I may." Cur. Dovaston. " How came your kine on your neighbour's land ? " Free and fair is the king's highway. " By hedges and fences on either hand, piea. That were fallen to ruin and great decay." 30 LEADING CASES Cur. "Nay, tell us, what were your kine about?" Free and fair is the kin^s highway. DovastoTi. " They were in it, they erred and escaped thereout, Where Payne of right should amend the way." Special demurrer. Paytie. "Por aught he hath said they were there of wrong, Free and fair is the king's highway. For if they were passing through and along, No word thereof doth his pleading say. " And if the fence I must needs repair, {Free a?id fair is the king's highway) Why, that is for such as of right are there. Not for folk or beasts that will idly stray." Judgment for de- Cur, fendant " The right is to pass and repass alone. Free and fair is the king^s highway. And that your pleader should well have known, Whose fault hath lost you this cause to-day. DONE INTO ENGLISH 31 "And now the case is exceeding plain, SeeperBuUer, j. Free arid fair is the king's highway. He shows how your kine he might well distrain, And ye show us nothing to say him nay." For special pleading was then of might, Free and fair is the king's highway. And of Payne or Dovaston which had right Is hid for ever and eke a day. IX.— ELWES V. MAWE (2 Svt. L.C. 182) Strike now, O Muse, a new measure, come forth for a greater achievement, Armed in hexameters, august, to refute mere mortals. Carping and caviUing brood, who doubt if such metre in EngUsh Justly and fully sufificeth to render the music of Homer; Calling it harsh, unruly, dog -tail -dragged, tin-kettle clatter ; Jingle of lumbering accent, unfitted for themes heroic. Sing me the strife immortal that rose betwixt landlord and tenant, Strife that set high in the heavens a star to illumine in all time Divers kinds and distinctions of chattels annexed to the freehold. LEADING CASES DONE INTO ENGLISH zi Named with what names, O Muse, were the heroes of this Utigation, Who stood firm in defence, who sued with furious onset ? Ehves, the shrewd, was plaintiff, and Mawe, the thrifty, defendant. Mawe was lessee from Ehves of lands in the county of Lincoln, Messuage, out-houses, stables, and barn, in the parish of Bigby ; Mawe, the thrifty, looked round him and scanned those premises wisely. Full six years he scanned them, beholding the farm's occupation Minished in use and worth for want of convenient buildings : Therefore he laid to his hand, and set up those con- venient buildings, All at his own expense, a carpenter's shop and a beast- house. Houses of fuel and carts, and a pump-house, of brick and mortar. Founded fast in the ground, and tiled, and of brick were the pillars. D 34 LEADING CASES So he possessed his farm, and rejoiced in his useful buildings, He and all men and all beasts of the field in the parish of Bigby. Time, which men count by moons, but the gods by terms and vacations. Stood not nor halted the while, and the lease drew nigh to its ending. Therefore did Mawe, the thrifty, bespeak his own heart and take counsel, This way and that revolving the cost and the gain, and the chances Weighing, and thus at the last to himself did his heart make answer : " Lo now, I leave these lands, and shall be to this farm as a stranger ; Soothly it little shall profit me then, if the houses I builded All at mine own expense, the carpenter's shop and the beast-house, Houses of fuel and carts, and the pump-house, of brick and mortar, Joy to all men and all beasts of the field in the parish of Bigby, DONE INTO ENGLISH 35 Stand there after my time, and be left a possession to Elwes : Nay, but I surely will move their foundations, digging around them, Raze their walls, and their stuff, the goodly bricks and the mortar. Keep for a gain to myself, and leave the land as I found it." So then in all things he did in such wise as his heart had counselled, Razed those walls, and moved the foundations, digging around them. Carted away the stuff for himself, the bricks and the mortar. Elwes, the shrewd, sat aloft, and beheld from his height of reversion These things wrought, and, beholding, his anger was kindled within him. Anger that moved him to deeds of might and to Lincoln assizes. There he declared against Mawe for his injured estate in reversion, Claiming the buildings his own, their destruction a waste and a trespass. 36 LEADING CASES Great was the case, and the point too grave for Lincoln assizes ; After a verdict for Elwes, the case was reserved for the full court. There, where the King's own pleas were before his justices holden, Counsel for Elwes and Mawe stood forth and strove with examples, Showing what things in old time were esteemed ingrown to the freehold, Rooted past lawful removal, what kept their moveable nature. Much they debated of wainscot and window, of furnace and oven, Vats of the dyer, and cider-mills, and boilers and salt- pans ; Also, not least, a new thing, fire-engine, a blessing to coal-mines. Twice in two terms they strove, and the court considered its judgment. Judgment which afterwards, well advised, the Chief Justice delivered, Stated the case and the question, and spoke their con- sidered opinion ; DONE INTO ENGLISH yj No right had the defendant, they held, to remove these buildings. Wisely he showed how the general rule bids cleave to the freehold Things by the tenant once fixed, and explained the divers exceptions Suffered in favour of trade, the furnace, the vats, and the boilers, .Also the new fire-engines, the cider-mills, and the salt- pans ; Ever in favour of trade such exceptions, no mention of farming ; Further to stretch the exception to mere agricultural buildings, Not for a certain trade, were great and rash innovation. Wherefore Elwes, the shrewd, maintained his cause and his verdict. Had great worship of all men there, and went homeward rejoicing. Bearing the postea, goodly -engrossed, the prize of the battle. Stay now and rest, O Muse, some breathing-space from thine headlong 38 LEADING CASES DONE INTO ENGLISH Flight, and abate thy storms whose harmony, thunder- laden, Harmony called by profane ones a vile accentual jingle, Leaves all Greeks outsung, outstorms all thunder of Homer. This we have shown them, O Muse ; but if they presume to deny it. Say these hexameters jingle, or want any note of the grand style. Deadly and swift thy revenge on such carping and cavilling creatures, Grievous and grim their reward at thine hand, and the sword of thy vengeance : All the Reports at large we will take and versify likewise. S^' X.— HARRIOT V. HAMPTON (2 6";;^. L.C. 441) Argument. — This is an exceeding pitiful ballad, and therefore I shall divide it before I write it down. And I will divide it subtly, for it hath many parts. First it is divided into two parts. The first part showeth the former dealing between the parties, and the grounds of this action. The second part showeth the course of this action, and the fortunes of the plaintiff therein. The secotid part begins here : Go to now. The second part is again divided into five. The first setteth forth Marriot's ?iew enterprise in hope to recover his fortune. The second showeth his discomfiture at Nisi Prius. The third expoundeth the endeavour of his counsel to have a new trial. The fourth showeth Iiow the Court wholly refused the same, and the -weighty grounds in reason and law for their decision. The fifth, moralising upon the whole tale, saith what instruction and warning it behoves all discreet men io take from this case. The second begins here : Sir plaintiff. The third begins here : And Gibbs. The fourth begins here : And O but. The fifth begins here : And if like. Also the burden hath two parts. The first relateth to the action, and doth express the original mischance whence this tragedy arose. The second relateth both to the action and to the author, and doth express in very lamentable wise as well the particular grief of the plaintiff in this case, which is the literal sense, as in a 40 LEADING CASES general and allegorical sense, ivhich is a more subtle and excellent thing, and to be understood by ccrtaiti I wot of, the antlior s grief and heaviness at the dowtifall of Pleading, on which once most fair Lady of our Four Inns the word is in these days fulfilled, Quomodo sedet sola civitas. The second part begins here : Sing sorrow. The original sale of goods to Marriot, and Hampton's un- conscionable action for the price thereof, which in truth he had in hand. When Hampton sold goods to Marriot, Woe^s me for goods sold, and wellaway ! Then Marriot paid, and receipt he got ; Alas ! it were better he paid it not. Sing sorroiv for money had and received, And alack for the common coufits, O. For the false knave Hampton sued him amain ; Woe's me for goods sold, and wellaway I The receipt whereby his discharge was plain Did Marriot seek, and he sought in vain : Sing sorrow for mo7iey had and received, And alack for the commo7i counts, O. The now plaintiff Marriot unable to defend that action : but by the secret ways of destiny the receipt being at a later day found, He musts needs pay twice, and for costs was bound ; Woe^s me for goods sold, and wellaway / But there came a day the receipt was found, He never had liever no thing on ground. Sing sorrow for money had and ?'eceived. And alack for the co7nmon counts, O. *— ." DONE INTO ENGLISH 41 "Go to, now, this knave in my turn I'll sue. ( Woe^s me for goods sold, and wellaway /) And his pride and his evil gains undo : " But what should befall full little he knew. Sing sorrozv for money had and received, A?id alack for the common counts, O. he merrily sueth for money had and received. "Sir plaintiff," quoth Kenyon, 'your wit is but raw, ( Woe's me for goods sold, and luellaway !) For to wage this emprise which never man saw. To get back money paid under process of law." Si7ig sorro7u for money had ajid received, And alack for the common counts, O. Ruling of Lord Kenyon, C.-J.,at Nisi Prius. His name hath the crier thrice called upon, Woe^s me for goods sold, and wellazvay ! And he standeth nonsuit with his cause undone, But if a new trial may yet be won, Sing soi'roiv for money had and received. And alack for the common counts, O. Nonsuit. And Gibbs doth eagerly move the court. Woe's me for goods sold, and wellazvay ! For such actions have lain, by good report. Gibbs, of counsel for M arrioi, moveth for a rule. and citeth au- thority. 42 LEADING CASES And the doubt is full weighty for cutting short ; Sing sorrow for money had and received, And alack for tJie common counts^ O. Rule refused. Judgment of Lord Kenyan, C-J. And O but the judges were wrathful men ! Woe's me for goods so id, and wellaway ! " If we granted a rule, it were danger then No action should henceforth have end again : " Sing sorrow for money had and received, And alack for the common counts, O. Oi Grose, ]. And another spakc : " Shall we give pretence {J Foe's me for goods sold, and wellaway .') To fling doors open for negligence Of parties unready with evidence ? " Sing sorrow for money had and received. And alack for the common counts, O. Of Lawrence, J. And a third : " Thus dooms which be dight and clear ( Woe's me for goods sold, ajid tvellaway /) Were upset for new matters brought up in arrear, A thing most monstrous for ears to hear." Sing sorrow for money had and received, A7id alack for the common counts, O. DONE INTO ENGLISH 43 So Marriot must pay for the commonwealth's sake. Woe's me for goods sold, and wellaway ! And if like ensample ye will not make, Keep shrewdly, good folk, all receipts that ye take : Sing sorrow for money had and received, A?id alack for the common counts, O. Interest rei- public(F ut sit finis litiuiit. The moral of this tragedy. XL— MANBY V. SCOTT, &c. The wisdom of the law concern- ing married women. Herkneth this time and learn of me How this our law and mystery In ruling all men's property, And most of folk that wedded be, Of wisdom is fulfilled well. All ye wives whose hap thus was To show this marvel of our laws, This tale is yours to tell. DAME SCOTT Manby v. Scott. (2 Smith, L.C. 466.) I am the wife of Edward Scott, That walked full daintily, I wot, With silk and samite clothed upon. The worth of it by ells was told To forty pounds of the fine gold. All in my lord's derision. lU' LEADING CASES DONE INTO ENGLISH 45 By mighty argument was found His credit might not so be bound, The mercer had confusion. MRS. BENEDICT I am the wife of Benedict. For gauds and gems mine heart was pricked With fire and strained with strength of love. Silks, yea, silk stockings thirteen pair, Gloves and rich jewels to my wear. The seller had small gain thereof. Nathless we had but one poor house, Of garnishment nought plenteous. Of serving men eke scant enough. Montague v. Benedict. S e a t o n v. Benedict. (2 Sm. L.C. 504, 5I2-) COUNTESS OF STRATHMORE I am the Countess of Strathmore. I married Bowes and rued it sore. Yet spoiled his uttermost intent. By cozenage and false championry Him seemed he had my wealth in fee, And it was all in settlement. of Countess Str.ithmore Bowes. (i Ves. Jr. 22 ; I R. R. 76.) 46 LEADING CASES Great words he spake in this despite Of fraud and his marital right, In vanity his words were spent. Lady Elibank v. Montolieu. (5 Ves. 737.) 1799 — 1806: be- fore Lord Lough- borough, Lord Elcion, and Sir IV. Grant. LADY ELIBANK I am the Lady Elibank. Of all wives I have thank That seek their goods i' the Chancery. Wives' equity to settlement Hath worship and establishment And strength of days by this decree. Seven years I strove there with my lord, And plucked the flower of threefold word In triple doom and mastery. Johnson v. Gallagher. (3 De G. F. &J. 494.) Thing = Fait, deed : " indite and make a thing." MRS. GALLAGHER The mystery of wives' separate trade By me Jane Gallagher was made In latter days elucubrate. I writ no writing, sealed no thing, I dealt after a man's dealing. Until my debt was heavy and great. SL,- DONE INTO ENGLISH 47 By rede of the one Lord Justice, Albeit it was newfangledness, This will bind separate estate. Judgment of Turner, L. J., since approved in the Priw Coun- cil, see L. R., 4 P. c. 590-594- To tell now in what wise was meant This law should have additament . By wisdom of the Parliament, Whereof our scriveners, as men seen, Reck no more than an old bean, As now it is not mine intent, The tale were too long. By these ensamples ye may find What power han wives to loose and bind ; This ends my little song. Married Wo- men's Property Acts, 1870 and 1874. Their general utility, i ^ These Acts were repealed and superseded by the Act of 1882, to which the text, written some years before, is not applicable. XIL— IN THE MATTER OF THE X. CO., LIMITED The changes in the Companies Acts, Bankruptcy Acts and Rules, and Rules of Court, are so frequent, that in this branch of the law the only useful course appears to be to present the learned reader with an ideal typical case, freed from the variable accidents of procedure. Secta ad Molendinum Fish andfislier, lost and won ; Loss and gain, and lightly gone. He walked all briefless along the stream, And said : Some solace it would meseem If here I might catch a cod or a bream ( Wigs are wliite in the ivan tvater) : For he clean forgat in his misery Which fish be of river and which of the sea. {The milli)ig-hoiir is ivhite with flour On the niill-dain and the miller s daughter) LEADING CASES DONE INTO ENGLISH 49 Moreover, being of heavy fate Most heart-fulfilled and satiate, He set on his bended hook no bait. ( IVigs are white in the wan water. ) The fishes were ware and fled at the sight ; He marvelled much why they should not bite. {The viilling-hour is white tuith fioiir On the mill-davi and tlie millers daughter.) Then deemed he all things were vain and fond. Hopes lost in the hand and fears beyond, The round world like as the round mill-pond. ( Wigs are tvhite in the to an water.) He said : 'Twere a goodly thing to see, Since I take not fish, will the fish take me ? {The miUing-hour is ivhite with flour On the viill-dain a fid the miller's daughter.) The miller's daughter she came along In a gown of green harmonies exquisite-wrong, Singing a marigold-yellow new song. {Wigs are white in the wan water.) And first she called him a gaping fool, And then she blushed and gazed in the pool. E 50 LEADING CASES (The milling-hotir is white ivith fioiir On the mill-dam and the miner's daughter.) They opened their mouths and spake of Desire, Of dreams, of dados, of things yet higher, And he showed her that he was of right Esquire ( Wigs are white in the wan water) : And her seemed with a real Esquire to wed Were finer than flour is of simnel bread. (The milling-hour is zuhite with flour On the mill-dam and the miller's daughter.) These twain be wedded right merrily. And have holden the miller's grist in fee, And floated therewith a great Companie. ( Wigs are zuhite in the wan water ^ But winding-up cometh to limited things, And a day when the assets be flown with wings. {The milling-hour is white with flour On the mill-dam and the miller's daughter.) The clerks and accountants came all round, For each of them goodly fees were found. The creditors had five pence in the pound. ( Wigs are white in the wan water.) DONE INTO ENGLISH 51 Take heed ye fall not in such Hke bale, And pray for the clerk that hath told this tale. { The milling-hour is white with flour On the mill-dam and the miller's daughter.) XIII.— THE HOUND'S TAIL'S CASE (Dickson V. Great Northern Railway Co., i8 Q. B. Div. 176) THE PLAINTIFF O WHERE, O where is my leetle hound's tail That you've made of no worth to be, From a hound of fame, and Dutch Oven his name, To a dog of low degree ? Mit your negligent shove-car trundling around, You trod on his tail full sore ; Dutch Oven was worth to me sixty pound, And he never will course no more. THE RAILWAY COMPANY The tail and the claim they are both cut short. You paid us a common dog's fee ; Two pounds you may have, and they lie in Court, For the balance you signed us free. LEADING CASES DONE INTO ENGLISH 53 And if more you meant, it was five per cent. You'd have paid on our special scale (Twould make shillings threescore and other four) To insure that little hound's tail. THE plaintiff's COUNSEL O where, O where's our little case gone ? The Company's terms prevail, The Divisional Court have made us their sport And mangled and clipped our tail. But, though shrewd be our haps, and conditions be traps When negligent porters shove, And we can't mend the fact, yet we'll go on the Act — There's a Court of Appeal above. THE COURT OF APPEAL Now here, O here's an unanimous voice Against this proud Company ; They takes your money and gives no choice In reason, that we can see ; But will break, steal, kill at their servants' will, Or a monstrous rate will fix — 54 LEADING CASES DONE INTO ENGLISH Eighteenth of the Queen, ^ it shall well be seen, Was made for to stop such tricks. THE REPORTER But where, O where is the tailless hound, And what shall be done with he ? Shall a place for him in the Court be found, The Lords Justices' dog to be? With glory increased, a reported beast, Though he course no more on ground. He shall hunt like a spectre the grasping Director, Dutch Oven the tailless hound. ^ The Railway and Canal Traffic Act, 17 & 18 Vict. c. 31. " DEDICATION TO J. S. When waters are rent with commotion Of storms, or with sunhght made whole, The river still pours to the ocean The stream of its effluent soul ; You too, from all lips of all living Of worship disthroned and discrowned, Shall know by these gifts of my giving That faith is yet found : By the sight of my song-flight of cases That bears on wings woven of rhyme Names set for a sign in high places By sentence of men of old time ; From all counties they meet and they mingle, Dead suitors whom Westminster saw ; They are many, but your name is single, Pure flower of pure law. 56 LEADING CASES When bounty of grantors was gracious To enfeoff you in fee and in tail, The bounds of your lands were made spacious With lordship from Sale unto Dale ; Trusts had you and services loyal, Lips sovereign for ending of strife, And the name of the world's names most royal For light of your life. Ah desire that was urgent to Romeward And feet that were swifter than fate's, And the noise of the speed of them homeward For mutation and fall of estates ! Ah the days when your riding to Dover Was prayed for and precious as gold, The journeys, the deeds that are over, The praise of them told ! But the days of your reign are departed. And our fathers that fed on your looks Have begotten a folk feeble-hearted That seek not your name in their books ; And against you is risen a new foeman To storm with strange engines your home ; DONE INTO ENGLISH 57 We wax pale at the name of him Roman, His coming from Rome. Even she, the immortal imperious Supreme one from days long ago, Sends the spectre of Aulus Agerius To hound the dead ghost of John Doe : By the name of Numerius Negidius Your brethren are slain without sword ; Is it so, that she too is perfidious. The Rome you adored ? Yet I pour you this drink of my verses, , Of learning made lovely with lays. Song bitter and sweet that rehearses The deeds of your eminent days : Yea, in these evil days from their reading Some profit a student shall draw, Though some points are of obsolete pleading, And some are not law. Though the Courts that were manifold dwindle To divers Divisions of one, And no fire from your face may rekindle The light of old learning undone, ;8 LEADING CASES DONE INTO ENGLISH We have suitors and briefs for our payment, While, so long as a Court shall hold pleas. We talk moonshine with wigs for our raiment, Not sinking the fees. Note. — This J. S. is a mythical person introduced for the purposes of illustration, and constantly met with in the older books of our law, especially Sheppard's Touchstone : a kind of cousin to John Doe and Richard Roe, but more active and versatile. In later works and in the Indian Codes his initials, which are supposed to stand for John Stiles, have degenerated into unmeaning solitary letters, such as A, B, and C. The old books are full of grants of lands to him for various estates, so that his wealth is evident. He also appears as a trustee and arbitrator, and (incongruously) as a servant. His devotion to Rome is shown by his desperate attempts to get there in three days: "If J. S. shall go to Rome in three days" is the standing e.xample of an impossible condition. "If" or "until J. S. shall return from Rome " is also a frequent example of a condition or con- ditional limitation : hence the importance of that event is obviously not e.xaggerated by the poet. It is not clear why he did not want to ride to Dover, seeing it was on the way to Rome. It is said, however, that one who is bound in a bond with condition that he shall ride with J. S. to Dover such a day must procure J. S. to go thither and ride with him at his peril. Aulus Agerius and Numerius Negidius are corresponding, and therefore rival, personages of the Civil Law, who may be found in the Digest and Institutes. It is understood that the revival of the study of Roman Law by the Inns of Court is to be commemorated in the decoration of the new Law Courts by colossal statues of Aulus Agerius and Numerius Negidius trampling on the corpses of John Doe and Richard Roe respectively. [This has not been done. It is understood that the Council of the Judges had the project under serious consideration at their recent meeting. — 1892.] iu' DIVERSIONS SHAKESPEARE: KING HENRY V Act V. Scene I GOWER. FLUELLEN. PISTOL. Gotv. Why, here he comes, swelUng Hke a turkey-cock. Flu. 'Tis no matter for his swellings nor his turkey- cocks. God pless you, Aunchient Pistol ! you scurvy, lousy knave, God pless you ! Pist. Ha ! art thou bedlam ? dost thou thirst, base Trojan, To have me fold up Parca's fatal web ? Hence ! I am qualmish at the smell of leek. Flu. I peseech you heartily, scurvy, lousy knave, at my desires, and my requests, and my petitions, to eat, look you, this leek : because, look you, you do not love it, nor your affections and your appetites and your disgestions doo's not agree with it, I would desire you to eat it. IDEM GRAEGE REDDITUM r. Aw ovTo<; avrb^ liriraXeKrpvcov 6o-o<; aTTOvSalov op/xa TroSa 7re(f)vaiyyco/ji€PO<;. 4>. Tcbv linrdX.eKTpvovcov iiev ovSev fxoc fieXei. dXk' S) Kpariarov %]Ki(TT epn<; yap Kal (TTvyec<; ttuvtcov irXeoi) 6vT0<; ye yaarpl rfj afj SvacpLXecrrdrov' dvO cbv Kara^ayelv avro a d^tb) rovvv. 62 DIVERSIONS Fist. Not for Cadwallader and all his goats. Flu. There is one goat for you. [Strikes hi/ii.'] Will you be so good, scauld knave, as eat it ? Fist. Base Trojan, thou shalt die. Fhi. You say very true, scauld knave, when God's will is : I will desire you to live in the mean time, and eat your victuals : come, there is sauce for it. [Strikes himi\ You called me yesterday mountain-squire ; but I will make you to-day a squire of low degree. I pray you, fall to : if you can mock a leek, you can eat a leek. Gow, Enough, captain : you have astonished him. Flu. I say, I will make him eat some part of my leek, or I will peat his pate four days. Bite, I pray you ; it is good for your green wound and your ploody coxcomb. Fist. Must I bite ? Fhi. Yes, certainly, and out of doubt and out of question too, and ambiguities. Fist. By this leek, I will most horribly revenge : I eat and eat, I swear — Flu. Eat, I pray you : will you have some more sauce to your leek ? there is not enough leek to swear by. Fist. Quiet thy cudgel ; thou dost see I eat. Flu. Much good do you, scauld knave, heartily. DIVERSIONS 63 T. ouS' at K "18r]0€v Sft)? aiiroXta irXare alycov. ^. ravTTjv [xlav yovv e^e \a/3ct)V' a\X' ov ^e'Xet? rpcoyetv to irpdaov to,'^, S) ko-klctt airoKov- T. ov Ke (f)V'yoL^, kvov o) TpoLrjjeve^;, alirvv okeOpov. ^. ov 8i]6\ orav y w fiiape T0I9 6eol. KOfiiSj] ye 8)] ToS" cadi Kal aacpeaTaTa KuvTiXoytcov re Kal aocj)ia/xdTQ)v dvev. T. Betvt]v ye Beivrjv vrj to irpdaov Tificopiav djJb iadicov oixvvfJLi (E>. ^dye fJLev ovv e'^cov. 7) Bel KaTa'^vap,aT0<; a' eV ; dW '6pK0. ovaio BrjTa Kal /xaA,', 6) irovrjpe av. 64 DIVERSIONS Nay, pray you, throw none away ; the skin is good for your broken coxcomb. When you take occasions to see leeks hereafter, I pray you, mock at 'em ; that is all. Fist Good. Fill. Ay, leeks is good : hold you, there is a groat to heal your pate. Fist. Me a groat ! Fill. Yes, verily and in truth, you shall take it ; or I have another leek in my pocket, which you shall eat. Fist. I take thy groat in earnest of revenge. Fill. If I owe you any thing, I will pay you in cudgels : you shall be a woodmonger, and buy nothing of me but cudgels. God b' wi' you, and keep you, and heal your pate. The foregoing exercise, which was printed in the Cambridge Tripos Verses of 1S67, was written and sent in MS. to Richard Shilleto in the Long Vacation of 1866. After twenty-five years there can be no indiscretion in publishing Shilleto's answer ; and if there be any vanity, it may be redeemed by the merit of putting scholars in possession of a hitherto unpublished piece of Shilleto's Greek. j_: DIVERSIONS 65 ka, Ti TTOieo^ ; ^rj yap d7ro/3d\r]<;, eVel '^prjarov to Xefifjba rfj Ke^aXfj r^evt^aerai. TOL. Kuycoye aol irdvO drr 6XveXX^]Voixa)(^iav ko/x^ws Trotwv, if/oXoKO/XTTLav T dAa^ovos TOV Trpa(rocf)dyov. TraTTTTuios o ^tos ecrrt crot ^tAoTraty/xovetv. i^' DIVERSIONS 67 07rw5 i>i. TO yevos fJ.i^SafxCj'i Karaicr^wets. /Xfj [J.01 rov auTov fir] crv y dvv^s Moi'ctojv SpeTrujv ApL(rTOcf)a.vei XeifJMV lepov kultoi povSoc<; 'lctOc ae TovToi<; irXelaTqv fiifivovaav er ap-^i)v. aot yap Ti/xtj KoXevdepla fxeya t ucr^eaTwv kXgo^ epywv '^ecXtaaofxevT] vv^ ooKeavov ical (pQ)r]<; ^^ iiwai 'm ■ -'■--s.'l -■,' :^ '."^t- ^^smm >t- ..>» ■;".%:' •" ', ':■ ^■\'■>y■■ -.^fy^-! >.': f ■,■-'■'»■ ... ;>:,■.• <:-^-^