The Book-Hunter - John Hill Burton (13 ebook reader .TXT) 📗

It is a remarkable thing that a man should have been imprisoned, and had his ears cut off, and become one of the chief causes of our great civil wars, all along of an unfortunate word or two in the last page of a book containing more than a thousand. It was as far down in his very index as W that the great offence in Prynne's Histrio-Mastix was found, under the head "Women actors." The words which follow are rather unquotable in this nineteenth century; but it was a very odd compliment to Queen Henrietta Maria to presume that these words must refer to her—something like Hugo's sarcasm that, when the Parisian police overhear any one use the terms "ruffian" and "scoundrel," they say, "You must be speaking of the Emperor." The Histrio-Mastix was, in fact, so big and so complex a thicket of confusion, that it had been licensed without examination by the licenser, who perhaps trusted that the world would have as little inclination to peruse it as he had. The calamitous discovery of the sting in the tail must surely have been made by a Hebrew or an Oriental student, who mechanically looked for the commencement of the Histrio-Mastix where he would have looked for that of a Hebrew Bible. Successive licensers had given the work a sort of go-by, but, reversing the order of the sibylline books, it became always larger and larger, until it found a licenser who, with the notion that he "must put a stop to this," passed it without examination. It got a good deal of reading immediately afterwards, especially from Attorney-General Noy, who asked the Star-Chamber what it had to do with the immorality of stage-plays to exclaim that church-music is not the noise of men, but rather "a bleating of brute beasts—choristers bellow the tenor as it were oxen, bark a counterpoint as a kennel of dogs, roar out a treble like a set of bulls, grunt out a bass as it were a number of hogs." But Mr Attorney took surely a more nice distinction when he made a charge against the author in these terms: "All stage-players he terms them rogues: in this he doth falsify the very Act of Parliament; for unless they go abroad, they are not rogues."

In the very difficulties in the way of framing a conclusive and exhaustive title, there is a principle of compensation. It clears literature of walls and hedgerows, and makes it a sort of free forest. To the desultory reader, not following up any special inquiry, there are delights in store in a devious rummage through miscellaneous volumes, as there are to the lovers of adventure and the picturesque in any district of country not desecrated by the tourist's guide-books. Many readers will remember the pleasant little narrative appended to Croker's edition of Boswell, of Johnson's talk at Cambridge with that extensive book-hunter, Dr Richard Farmer, who boasted of the possession of "plenty of all such reading as was never read," and scandalised his visitor by quoting from Markham's Book of Armorie a passage applying the technicalities of heraldry and genealogy to the most sacred mystery of Christianity. One who has not tried it may form an estimate of this kind of pursuit from Charles Lamb's Specimens of the Writings of Fuller. No doubt, as thus transplanted, these have not the same fresh relish which they have for the wanderer who finds them in their own native wilderness, yet, like the specimens in a conservatory or a museum, they are examples of what may be found in the place they have come from.

But there are passages worth finding in books less promising. Those who potter in libraries, especially if they have courage to meddle with big volumes, sometimes find curious things—for all gems are not collected in caskets. In searching through the solid pages of Hatsell's Precedents in Parliament for something one doesn't find, it is some consolation to alight on such a precedent as the following, set forth as likely to throw light on the mysterious process called "naming a member." "A story used to be told of Mr Onslow, which those who ridiculed his strict observance of forms were fond of repeating, that as he often, upon a member's not attending to him, but persisting in any disorder, threatened to name him—'Sir, sir, I must name you'—on being asked what would be the consequence of putting that threat in execution and naming a member, he answered, 'The Lord in heaven knows.'"

In the perusal of a very solid book on the progress of the ecclesiastical differences of Ireland, written by a native of that country, after a good deal of tedious and vexatious matter, the reader's complacency is restored by an artless statement how an eminent person "abandoned the errors of the Church of Rome, and adopted those of the Church of England."

So also a note I have preserved of a brief passage descriptive of the happy conclusion of a duel runs thus:—

"The one party received a slight wound in the breast; the other fired in the air—and so the matter terminated."[43]

Professional law-books and reports are not generally esteemed as light reading, yet something may be made even of them at a pinch. Menage wrote a book upon the amenities of the civil law, which does anything but fulfil its promise. There are many much better to be got in the most unlikely corners; as, where a great authority on copyright begins a narrative of a case in point by saying, "One Moore had written a book which he called Irish Melodies;" and again, in an action of trespass on the case, "The plaintiff stated in his declaration that he was the true and only proprietor of the copyright of a book of poems entitled The Seasons, by James Thomson." I cannot lay hands at this moment on the index which refers to Mr Justice Best—he was the man, as far as memory serves, but never mind. A searcher after something or other, running his eye down the index through letter B, arrived at the reference "Best—Mr Justice—his great mind." Desiring to be better acquainted with the particulars of this assertion, he turned up the page referred to, and there found, to his entire satisfaction, "Mr Justice Best said he had a great mind to commit the witness for prevarication."

The following case is curiously suggestive of the state of the country round London in the days when much business was done on the road:—A bill in the Exchequer was brought by Everett against a certain Williams, setting forth that the complainant was skilled in dealing in certain commodities, "such as plate, rings, watches, &c.," and that the defendant desired to enter into partnership with him. They entered into partnership accordingly, and it was agreed that they should provide the necessary plant for the business of the firm—such as horses, saddles, bridles, &c. (pistols not mentioned)—and should participate in the expenses of the road. The declaration then proceeds, "And your orator and the said Joseph Williams proceeded jointly with good success in the said business on Hounslow Heath, where they dealt with a gentleman for a gold watch; and afterwards the said Joseph Williams told your orator that Finchley, in the county of Middlesex, was a good and convenient place to deal in, and that commodities were very plenty at Finchley aforesaid, and it would be almost all clear gain to them; that they went accordingly, and dealt with several gentlemen for divers watches, rings, swords, canes, hats, cloaks, horses, bridles, saddles, and other things; that about a month afterwards the said Joseph Williams informed your orator that there was a gentleman at Blackheath who had a good horse, saddle, bridle, watch, sword, cane, and other things to dispose of, which, he believed, might be had for little or no money; that they accordingly went, and met with the said gentleman, and, after some small discourse, they dealt for the said horse, &c. That your orator and the said Joseph Williams continued their joint dealings together in several places—viz., at Bagshot, in Surrey; Salisbury, in Wiltshire; Hampstead, in Middlesex; and elsewhere, to the amount of £2000 and upwards."[44]

Here follows a brief extract from a law-paper, for the full understanding of which it has to be kept in view that the pleader, being an officer of the law who has been prevented from executing his warrant by threats, requires, as a matter of form, to swear that he was really afraid that the threats would be carried into execution.

"Farther depones, that the said A.B. said that if deponent did not immediately take himself off he would pitch him (the deponent) down stairs—which the deponent verily believes he would have done.

"Farther depones, that, time and place aforesaid, the said A.B. said to deponent, 'If you come another step nearer I'll kick you to hell'—which the deponent verily believes he would have done."[45]

I know not whether "lay gents," as the English bar used to term that portion of mankind who had not been called to itself, can feel any pleasure in wandering over the case-books, and picking up the funny technicalities scattered over them; but I can attest from experience that, to a person trained in one set of technicalities, the pottering about among those of a different parish is exceedingly exhilarating. When one has been at work among interlocutors, suspensions, tacks, wadsets, multiplepoindings, adjudications in implement, assignations, infeftments, homologations, charges of horning, quadriennium utiles, vicious intromissions, decrees of putting to silence, conjoint actions of declarator and reduction-improbation,—the brain, being saturated with these and their kindred, becomes refreshed by crossing the border of legal nomenclature, and getting among common recoveries, demurrers, Quare impedits, tails-male, tails-female, docked tails, latitats, avowrys, nihil dicits, cestui que trusts, estopels, essoigns, darrein presentments, emparlances, mandamuses, qui tams, capias ad faciendums or ad withernam, and so forth. After vexatious interlocutors in which the Lord Ordinary has refused interim interdict, but passed the bill to try the question, reserving expenses; or has repelled the dilatory defences, and ordered the case to the roll for debate on the peremptory defences; or has taken to avizandum; or has ordered re-revised condescendence and answers on the conjoint probation; or has sisted diligence till caution be found judicio sisti; or has done nearly all these things together in one breath,—it is like the consolation derived from meeting a companion in adversity, to find that at Westminster Hall, "In fermedon the tenant having demanded a view after a general imparlance, the demandant issued a writ of petit cape—held irregular."

Also, "If, after nulla bona returned, a testatum be entered upon the roll, quod devastavit, a writ of inquiry shall be directed to the sheriff, and if by inquisition the devastavit be found and returned, there shall be a scire facias quare executio non de propriis bonis, and if upon that the sheriff returns scire feci, the executor or administrator may appear and traverse the inquisition."

Again, "If the record of Nisi prius be a die Sancti Trinitatis in tres Septimanas nisi a 27 June, prius venerit, which is the day after the day in Bank, which was mistaken for a die Sancti Michaelis, it shall not be amended."

It is interesting to observe that at one end of the island a panel means twelve perplexed agriculturists, who, after having taken an oath to act according to their consciences, are starved till they are of one mind on some complicated question; while, at the other end, the same term applies to the criminal on whose conduct they