that, "by custom what they did begin, was, with long use, account no sin," so one sin or criminal act accomplish'd, others were more readily accomplished and thus the whole realm of crime was possible to the criminal who had once entered upon the path of crime, or, as Pericles expressed it, "One sin, another doth provoke." Sec. 437. Bill of lading. "Per. All leave us else; but let your cares o'erlook What shipping and what lading's in our haven, And then return to us.' 991 A bill of lading, at the time when the term was used by Shakespeare, was a memorandum or contract given by the master of a ship to the owner, of goods to be transported as cargo on his vessel. The words have acquired a broader signification, of late years and include any such contract given by a common carrier, either by water or land, for the transportation of goods or merchandise." Pericles, on preparing for his voyage, desired a complete bill of lading of the goods or property in the haven, and in this manner he asked for the legal evidence of the contract of transportation. Sec. 438. Poor man's right in law. "2 Fish. Help, master, help; here's a fish hangs in the net, like a poor man's right in the law; 'twill hardly come out. Ha; bots on't, 'tis come at last, and 'tis turn'd to a rusty armour.' 774 The words which Shakespeare puts into the mouth of the fisherman, in these lines, are similar to other references of the Poet to the "law's delays" and the difficulty a poor man has to free himself from the meshes of the law. This satire is not that of a lawyer, but of an observ 'Pericles, Prince of Tyre, Act I, Scene II. Bouvier's Law Dictionary. 'Hutchinson's Carrier's (3d ed.). 'Pericles, Prince of Tyre, Act II, Scene I. ing member of society, who sees the exceptional cases and makes of them the general rule. No lawyer would apply such ridicule to the proceedings of the courts whereby the rights of litigants are enforced, for being partly responsible for the proceedings in vogue and the end and object being the equal and free enjoyment and enforcement of the rights of all suitors, a lawyer is the last person to proclaim against the practices of the courts or to bring his profession into disrepute. But not so a poet, with Shakespeare's grasp upon all subjects. He would remedy all defects in every system and his natural sympathy would go out to the poor and the oppress'd. He considered it difficult, no doubt, for a poor man, to obtain justice and viewed the "law's delay" in his case, as a particular hardship, when as matter of fact, his observation may have obtained to the exceptional cases wherein the dispensation of justice did not accord with his ideas of mercy or charity. Sec. 439. A litigious peace.— "Per. Most honour'd Cleon, I must needs be gone; My twelve months are expir'd, and Tyrus stands In a litigious peace."1 The Prince of Tyre here places his kingdom in the attitude of a litigant who enjoys peace because of his defence of his right, in law. The comparison is not without merit, for as an individual by the defense of his rights, in law, gains a reputation which will bring him peace, by the respect which his fellows will entertain for his course, so a nation, by preparations for war, or by actual warfare, will gain a reputation which will ultimately bring peace. Sec. 440. Serving clients. "Bawd. When she should do for clients her fitment, and do me the kindness of her profession, she 1 Pericles, Prince of Tyre, Act III, Scene III. has me her quirks, her reasons, her master-reasons, her prayers, her knees, that she would make a puritan of the devil, if he should cheapen a kiss of her." This satirical reference of the Bawd, wherein she compares one of her trade to a lawyer, practicing his profession, is not unlike the practices of many of the profession of the law, if the facts were known. While the per cent that can, legitimately, be compared to such a foul profession, or trade, are few, still there are by far too many who, like the bawd, serve any who come, with a fee, which may tempt the commission of offenses not less odious than the crime of adultery. Sec. 441. Applying judgment to the judge.—— If this reflection, by the incumbent of the judgmentseat, were indulged in generally, it would make the judgments pronounced more equitable, no doubt. It is but the application of the golden rule, nothing less, i. e., "do unto others as you would have others do unto you," and this is a very good rule of law, as it is of one's private conduct. Sec. 442. Modesty of justice. "Per. look'st Falseness cannot come from thee, for thou Modest as justice, and thou seem'st a palace These words of Pericles, to his daughter, in the simile used, show the exalted ideal of the Poet, in regard to justice, a virtue that he almost deified, so broad was his 1 Pericles, Prince of Tyre, Act IV, Scene V. sympathy for his fellowman and his poetic justness. Justice does not go hand in hand with ostentation or loudness; but this virtue is usually found with modesty and purity. Marina, to her father, seemed "a palace for the crown'd truth to dwell in" and as the Poet's fertile mind observed, this would likewise be a fitting habitation for the twin virtue, justice. (Since now we will divest us both of rule, Interest of territory, cares of state,) Which of you, shall we say, doth love us most?"1 To divest one of property, of the kind referred to by the King, is to dispossess one and to convey or vest the title in another.2 Divestiture is characteristic of the term real property, or of the title to an office, for it is the taking away of the title, so the King speaks of his act of divesting himself of "rule, interest of territory and cares of state," meaning that he will not only relinquish the title to his lands, but to his office, as king, as well, and the cares accompanying it. 1 King Lear, Act I, Scene I. 2 Bouvier's Law Dictionary. Tiedeman's R. P. (3d ed.). |