Punch or The London charivari: Punch or The London charivari (5.1843)

166

PUNCH, OR THE LONDON CHARIVARI.

differ very materially from the mala in se, of which many instances
could be given. Piracy is decidedly a malum in se{a), but a malum pro-
hibitum is that which is only made criminal by the law. For example, it
was attempted to make baking on Sunday a malum prohibitum, so that a
good dinner would in fact have been a bonum prohibitum if the anti-baking-
on-Sunday party had succeeded.

The rules for interpreting English Law are extremely arbitrary. Words
are to be taken in their popular sense without regard to grammar, which
is thought to have been always beneath the wisdom of Parliament
Grotius thought that the penalty on crime was a sort of tax on Sin, which
might be defined without regard to Sin-tax. Puffendorf tells us that the
law forbidding a layman to lay hands on a priest, (observe the pun, "a
toyman to lay hands,") .implied also to those who would hurt a priest with
a weapon, or in other words, " lay into him."

If words are still dubious after the lawyers are called in (and they have
a knack of making matters more dubious than before), it is usual to refer
to the context ; but this is, in many cases, only to get out of the frying-
pan into the fire.

Next, as to the subject-matter. The words are always supposed—
though it requires a tolerable latitude in the way of supposition—to have
reference to the subject-matter. Thus, a law of Edward 111 forbids all
ecclesiastical persons to purchase provisions at Rome, which would seem
to interdict clergymen from buying anything to eat within the holy city.
It seems, however, that this only has reference to the purchase of " bulls"
from the Pope ; though it is not unlawful to procure portions of " bulls,"
such as rump-steaks or sirloins of beef, from the papal butchers.

Next, as to the effect and consequence of words, if literally understood.
"It has been held," says Puffendorf, "after a long debate," that when
the words amount to utter nonsense, they are not to be in all cases strictly
followed. Thus, the Bolognian law enacting that punishment should be
inflicted on any one who drew blood in the streets, was at last held (after
several medical men had been put to death) not to extend to surgeons
who should bleed a man taken in the streets with a fainting fit. But,
lastly, the reason and spirit of the law must be looked at (when there
happens to be any). The following case, put by Cicero, is so nice, that
we throw it into metre :—

A law there was, that in a water-trip
Those who should in a storm forsake a ship

All property should in the vessel lose.

It happen'd in a tempest all on board
Excepting one, who was by sickness floor'd,

To leave the ship their utmost power did use.

The invalid, who could not get away.

Was with the wreck of course compell'd to stay,

And witli it he was into harbour wash'd.

The beuefit of law he then did claim,

But when to sift the point the lawyers came,

His claim with great propriety was quash'd.

The difficulty of saying what is the meaning of law led to the establish-
ment of a perfectly distinct branch of jurisprudence, called equity. Ac-
cording to Grotius, equity, non exacte definit, sed arbitrio boni viri
permiltet." Among other boni viri, to whose arbitrium equity has left

a box of luc1fers.

matters, are Lords Thurlow and Eldon ; the latter of whom was so
exceedingly nmdest as to his judgments that he postponed them as long as
he could, and even when he gave them, such was his delicacy, that it was
often quite impossible to understand and abide by them. It has, however,
been said that law without equity is better than equity without law ; and
therefore, though in law thece is very often no equity, nevertheless there
\s no equity that has not sufficient law to make its name of equity a
pleasant fiction.

THE SALVAGE OF THE TELEMAQUE.

The shareholders in this splendid speculation have at length got a
dividend in the shape of the following short, but expressive circular :

" Quillebceuf, Sept. 30, 1843.—Sir: We beg to acquaint you that we have this day
concluded the salvage of the Telemugue, and are sorry to say we can now undertake
positively to declare there is no treasure on board her ; had there been, it is quite impos-
sible but that we should have discovered and obtained it during the course of our diving
operations. '• Deank a.iD Edwards."

The classic terseness of the style of Deane and Edwards cannot
be too much admired,—the beautifnl touch of pathos in which,
struggling between the man of feeling and the man of business, they
mingle sorrow at making their announcement with a steady deter-
mination to "have it out," the mournful expression of regret followed
by the startling declaration that there is positively no treasure on
board the Telemaque. This passage from the pen of Deane and
Edwards is worthy of anything in the works of Beaumont and
Fletcher. The confidence with which Deane and Edwards declare
they should certainly have found the treasure if there had been any
to find, is another instance of powerful writing on the part of Deane
and Edwards, whose word, by the bye, we have no reason to doubt,
when we reflect on the divings and draggings, and drenchings and
duckings thai have been undergone, in the vain hope of fishing up
something from the wreck of the ill-fated vessel.

Deane and Edwards have not gone into minutiae; but we have the
means of knowing that the result of the salvage recently concluded
has been as follows :

A bit of the binnacle.

lialf-a-yard of yard-arm.

A quarter of the quarter-deck.

A hen-roost and a portion of the hatchway.

A shivered timber.

A main-brace and a pair of leather braces.

A part of the cat-head and an old mouse-trap.

The above is a correct catalogue of the " treasure " which there
has been so much fuss about. We understand that the shareholders
will be entitled to draw lots for the binnacle ; but all the rest of the
salvage has, it is said, been seized under an execution by the man
who lent the diving-bell!

BRITISH BENEVOLENCE.

The O-rford Chronicle contains the following paragraph, which will

hand down to posterity the names of Mr. and Mrs. Jacob W as the

Children s Friends, and the sweeteners, par excellence, of the cup of in-
fancy. How delightful to place the sugar of benevolence in the milk
and watery existence of boyhood ! and how the bosoms of Mr. and Mrs.

Jacob W must have bounded with pride when they perused the

annexed tribute to their philanthropy : —

" Chilton.—A few days since the lady of Dir. Jacob \V , of E , C , kindly

presented a substantial treat to the children educated at the Rev. G. C s boarding-

school, at C . Cakes and tea, to the value of 1/., was distributed among them. The

children wulked in procession to E-—, to thank Wis \V ."—Oxford Chronicle,

Oct. 7, 1842.

We have great satisfaction in being able to lay before our readers the

programme of the procession to E :—

The Rev. G. C .

THE CHILDREN OF THE SCHOOL.

The Usher.

On reaching the house of Mr. and Mrs Jacob W- , the procession

drew up under the first-floor window, and Mr. and Mrs. Jacob W

h tving appeared at it, the senior boy of the school read from a slate the

following address:—"We, the grateful boys of the Rev. G. C 's

boarding-school, humbly thank you for the tea and cake which you
hive been pleased to bestow on us. The memory of that tea will long
live in our hearts, and in future years the recollection of that cake will
s.veeten our existence."

The procession then left E in nearly the same order as it had arrived

—the only difference being, that the usher led it back, while the rear was
brought up by the Rev. G. C .

Tiie Iieatber Market.

We extract the following from a commercial circular, which has been
forwarded to us by Sir T. Laurie :—

SHOULDERS are in fair demand.

CHEEKS and t ACES are not plentiful of good colour and quality, the best fetch quite

late prices.

CALi- bKINS. The very best Tannages sell readily, but we have a good number oi

'ii'exior on hand.

Good WELSH SKINS sell freely. I

We should be happy to enter into an arrangement with the worthy
Kuight for a constant supply of similar commercial jokelets.