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The Book-Hunter

John Hill Burton

inhabitants of the said city and counties, and all to the perpetual diminution of all the Court Barons in the said counties, unless convenient remedy be provided in this behalf. The foresaid Lord the King, considering the premises, by the advice, assent, and authority aforesaid, hath ordained and stablished that at all times, from hencefort, there shall be but six common atturneys in the said county of Norfolk, and six common atturneys in the said county of Suffolk, and two common atturneys in the said city of Norwich, to be atturneys in the Courts of Record." FUSTIAN.--(11 Henry VII. c. 27.) "Now so it is, that divers persons, by subtilty and undue sleights and means, have deceivably imagined and contrived instruments of iron, with the which irons, in the most highest and secret places of their houses, they strike and draw the said irons over the said fustians unshorn; by means whereof they pluck off both the nap and cotton of the same fustians, and break commonly both the ground and threeds in sunder, and after by crafty sleeking, they make the same fustians to appear to the common people fine, whole, and sound: and also they raise up the cotton of such fustians, and then take a light candle and set it in the fustian burning, which sindgeth and burneth away the cotton of the same fustian from the one end to the other down to the hard threeds, in stead of shering, and after that put them in colour, and so subtilly dress them that their false work cannot be espied without it be by workmen sherers of such fustians, or by the wearers of the same, and so by such subtilties, whereas fustians made in doublets or put to any other use, were wont and might endure the space of two years and more, will not endure now whole by the space of four months scarcely, to the great hurt of the poor commons and serving men of this realm, to the great damage, loss, and deceit of the King's true subjects, buyers and wearers of such fustians," &c. The history of statute-making is not absolutely divested of pleasantry. The best tradition connected with it at present arising in the memory is not to be brought to book, and must be given as a tradition of the time when George III. was king. Its tenor is, that a bill which proposed, as the punishment of an offence, to levy a certain pecuniary penalty, one half thereof to go to his Majesty and the other half to the informer, was altered in committee, in so far that, when it appeared in the form of an act, _the punishment_ was changed to whipping and imprisonment, _the destination_ being left unaltered. It is wonderful that such mistakes are not of frequent occurrence when one remembers the hot hasty work often done by committees, and the complex entanglements of sentences on which they have to work.[48] Bentham was at the trouble of counting the words in one sentence of an Act of Parliament, and found that, beginning with "Whereas" and ending with the word "repealed," it was precisely the length of an ordinary three-volume novel. To offer the reader that sentence on the present occasion would be rather a heavy jest, and as little reasonable as the revenge offered to a village schoolmaster who, having complained that the whole of his little treatise on the Differential Calculus was printed bodily in one of the earlier editions of the Encyclopaedia Britannica (not so profitable as the later), was told that he was welcome, in his turn, to incorporate the Encyclopaedia Britannica in the next edition of his little treatise. [Footnote 48: A polite correspondent reminds me of the Registration Act, 52 G. III. c. 156, in which the fruit of penalties is divided between the informer, who gets one half, and certain charitable purposes, to which the other is devoted, while the only penalty set forth in the Act is transportation for fourteen years.] In the supposition, however, that there are few readers who, like Lord King, can boast of having read the Statutes at large through, I venture to give a title of an Act--a title only, remember, of one of the bundle of acts passed in one session--as an instance of the comprehensiveness of English statute law, and the lively way in which it skips from one subject to another. It is called-- "An Act to continue several laws for the better regulating of pilots, for the conducting of ships and vessels from Dover, Deal, and the Isle of Thanet, up the River Thames and Medway; and for the permitting rum or spirits of the British sugar plantations to be landed before the duties of excise are paid thereon; and to continue and amend an Act for preventing fraud in the admeasurement of coals within the city and liberties of Westminster, and several parishes near thereunto; and to continue several laws for preventing exactions of occupiers of locks and wears upon the River Thames westward; and for ascertaining the rates of water-carriage upon the said river; and for the better regulation and government of seamen in the merchant service; and also to amend so much of an Act made during the reign of King George I. as relates to the better preservation of salmon in the River Ribble; and to regulate fees in trials and assizes at nisi prius," &c. But this gets tiresome, and we are only half way through the title after all. If the reader wants the rest of it, as also the substantial Act itself, whereof it is the title, let him turn to the 23d of Geo. II., chap. 26. No wonder, if he anticipated this sort of thing, that Bacon should have commended "the excellent brevity of the old Scots acts." Here, for instance, is a specimen, an actual statute at large, such as they were in those pigmy days:-- "Item, it is statute that gif onie of the King's lieges passes in England, and resides and remains there against the King's will, he shall be halden as Traiter to the King." Here is another, very comprehensive, and worth a little library of modern statute-books, if it was duly enforced:-- "Item, it is statute and ordained, that all our Sovereign lord's lieges being under his obeisance, and especially the Isles, be ruled by our Sovereign lord's own laws, and the common laws of the realm, and none other laws." The Irish statute-book conveys more expressively than any narrative the motley contrasts of a history in the fabric of which the grotesque and the tragic are so closely interwoven. So early as the middle of the sixteenth century, English statesmen discover usquebaugh, and pass an act to extinguish it at once: "forasmuch as _aqua vitae_, a drink nothing profitable to be daily drunken and used, is now universally throughout this realm of Ireland made, and especially in the borders of the Irishry, and for the furniture of Irishmen, and thereby much corn, grain, and other things are consumed, spent, and wasted," and so forth. To get men to shave and wash themselves, and generally to conform to the standard of civilisation in their day, seems innocent if not laudable; yet is there a world of heartburning, strife, oppression, and retaliatory hatred expressed in the title of "an act, that the Irishmen dwelling in the counties of Dublin, Meath, Uriell, and Kildare, shall go apparelled like Englishmen, and wear their beards after the English manner, swear allegiance, and take English surnames." Further on we have a whole series of acts, with a conjunction of epithets in their titles which, at the present day, sounds rather startling, "for the better suppressing Tories, Robbers, and Rapparees, and for preventing robberies, burglaries, and other heinous crimes." The classes so associated having an unreasonable dislike of being killed, difficulties are thus put in the way of those beneficially employed in killing them, insomuch that they, "upon the killing of any one of their number, are thereby so alarmed and put upon their keeping, that it hath been found impracticable for such person or persons to discover and apprehend or kill any more of them, whereby they are discouraged from discovering and apprehending or killing," and so forth. There is a strange and melancholy historical interest in these grotesque enactments, since they almost verbatim repeat the legislation about the Highland clans passed a century earlier by the Lowland Parliament of Scotland. There is one shelf of the law library laden with a store of which few will deny the attractive interest--that devoted to the literature of Criminal Trials. It will go hard indeed, if, besides the reports of mere technicalities, there be not here some glimpses of the sad romances which lie at their heart; and, at all events, when the page passes a very slight degree beyond the strictly professional, the technicalities will be found mingled with abundant narrative. The State Trials, for instance--surely a lawyer's book--contains the materials of a thousand romances: nor are these all attached to political offences; as, fortunately, the book is better than its name, and makes a virtuous effort to embrace all the remarkable trials coming within the long period covered by the collection. Some assistance may be got, at the same time, from minor luminaries, such as the Newgate Calendar--not to be commended, certainly, for its literary merits, but full of matters strange and horrible, which, like the gloomy forest of the Castle of Indolence, "sent forth a sleepy horror through the blood." There are many other books where records of remarkable crimes are mixed up with much rubbish, as, The Terrific Register, God's Revenge against Murder, a little French book called Histoire Generale des Larrons (1623), and if the inquirer's taste turn towards maritime crimes, The History of the Bucaniers, by Esquemeling. A little work in four volumes, called the Criminal Recorder, by a student in the Inner Temple, can be commended as a sort of encyclopaedia of this kind of literature. It professes--and is not far from accomplishing the profession--to give biographical sketches of notorious public characters, including "murderers, traitors, pirates, mutineers, incendiaries, defrauders, rioters, sharpers, highwaymen, footpads, pickpockets, swindlers, housebreakers, coiners, receivers, extortioners, and other noted persons who have suffered the sentence of the law for criminal offences." By far the most luxurious book of this kind, however, in the English language, is Captain Johnston's Lives of Highwaymen and Pirates. It is rare to find it now complete. The old folio editions have been often mutilated by over use; the many later editions in octavo are mutilated by design of their editors; and for conveying any idea of the rough truthful descriptiveness of a book compiled in the palmy days of highway robbery, they are worthless. All our literature of that nature must, however, yield to the French Causes Celebres, a term rendered so significant by the value and interest of the book it names, as to have been borrowed by writers in this country to render their works attractive. It must be noted as a reason for the success of this work, and also of the German collection by Feuerbach, that the despotic Continental method of procedure by secret inquiry affords much better material for narrative than ours by open trial. We make, no doubt, a great drama of a criminal trial. Everything is brought on the stage at once, and cleared off before an audience excited so as no player ever could excite; but it loses in reading; while the Continental inquiry, with its slow secret development of the plot, makes the better novel for the fireside. There is a method by which, among ourselves, the trial can be imbedded in a narrative which may carry down to later generations a condensed reflection of that protracted expectation and excitement which disturb society during the investigations and trials occasioned by any great