investigation, I at
length persuaded myself that, in the infancy of English law, the
business of the court was transacted _in verse_, or, at least, rhythm,
sometimes without, but on grand and solemn occasions with, the aid of
music; a practice which seems to have been introduced by the
ecclesiastical advocates." After a humorous argument in support of this
notion, he concludes: "The following attempt to restore certain of these
_Lays of Ancient Law_ is conceived, as the original lays themselves
probably were, partly in bad English, partly in Dog-Latin." Then follows
the "Lay of Gascoigne Justice, Chanted by Cooke and Coke, Serjeants, and
Plowden, Apprentice in the Hall of Serjeants' Inn, A.D., 15--." The
subject of the Lay was a certain highway exploit of Prince Harry, Poins,
and Peto. Poins gets into trouble, being brought incontinently before
Gascoigne Justice, "presiding at the Bailey." The concluding verses
contain a just satire on certain gross defects in the administration of
criminal justice, which have been only very recently remedied.
[10] "Law Magazine," N.S. Vol. lxx. p. 183.
"When Poins he spied, ho, ho! he cried,
The caitiff hither bring!
We'll have a quick deliverance,
Betwixt him and the King:
And sooth he said, for justice sped
In those days at a rate
Which _now_ 'twere vain to seek to gain,
In matters small or great.
* * * *
For sundry wise precautions,
The sages of the law
Discreetly framed, whereby they aimed
To keep the rogues in awe.
For lest some sturdy criminal
False witnesses should bring--
_His witnesses were not allowed
To swear to any thing_.
And lest his oily advocate
The court should overreach,
_His advocate was not allowed
The privilege of speech_.
Yet such was the humanity
And wisdom of the law!
That if in his indictment there
Appeared to be a flaw--
The court assigned him counsellors,
To argue on the doubt,
_Provided he himself had first
Contrived to point it out_.
Yet lest their mildness should perchance
Be craftily abused,
_To show him the indictment they
Most sturdily refused_.
But still that he might understand
The nature of the charge,
_The same was in the Latin tongue
Read out to him at large_.
'Twas thus the law kept rogues at awe,
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