CURIOUS LAW MESA'
• Nurse Lovechild'a Legacy. .4 Coliection of Nursery Rhymes. Loudon: The Poetry Bookshop. Us. Beta t Curious Caw- and Amusing Adieus: 4d -Law. . London: Sweet And-liazwa
1 [ts. ed. net.]
THE title of the book before us, though lengthyi gives,avery inadequate idea of the contents. The first part consists of extracts from Hutton!s -oollection of cases-in the Birmingham Court of Requests, 'cases tried before the Court -of Commissioners in .1762. The second _part. is an account of the trials of the Salem witches in -1692, as recorded by Increase -Mather ,ancl, his son Cotton Mather, while .six " Amusing Actions at Law," ranging over the years 1600-1624, -constitute the third part. The findings in.these seventeentbscentury actions are ao..extatitudinary that we must. give an example Sin THOMAS -Rom -vows AMMO.
Michaelmas Term, 1607.
ACTION II the ease for words : ' Sir Thomas Holt struck his cook on the with a cleaver, and cleaved his -head ; the one part, ley on the one, shoulder, and another part on the other! The defendant pleaded Not guilty,' and' found against him ; and now moved in - arrest -of -judgment that these 'words -were • not actionable, for • it is not evened that the cook was-killed, =but argumentative ; and of that opinion-was:the Court, for slander ought- to. be direct, against which there may not be -any intendment. But here, notwithstanding such wounding, the ,party may yet bo living, and it is then but trespass ; wherefore -it-was adjudged for the-defendant."
But, amusing as are these eases, and interesting, though also painfil, as are the accounts of the trials of the -unfortunate people accused of witchcraft, it is. Mr. Hutton's contribution-to the book -which-makes it specially noteworthy. It is not that the cases he -describes are remarkable in themselves, though the• findings-are often curious. The Court of Commissioners, Of which -Mr. Hutton- was a member, dealt with causes under forty shillings, and matters in dispute were never morn important or intricate than small debts to sick clubs •or tradesmen,' or claims for money in lieu of notice on the part of -a servant-against a master or vice-versa. Yet Mr. Hutton, by the charm andestyle of -his writing and the mixture of 'philosophy, humour,- and sympathy *kWh -characterizes his introduction : and tramming -rip of -each ease, transforms them into a .piece of most attractive and entertaining.
literature. The following quotation shows how- ho describes the opening.- of the case of'" The Merchant and the ButtonsMaker "
• " A button-maker sued a merchant. for £1 19s. Ild., but remarkhd the debt was above four pounds. The merchant alleged he was thirteen- and sevenpence his debt. Each of thorn produced a bundle of papers to justify, his claim; supported his demand with .positive assertions, backW with .some ill-nature. The Bench could not enter deeply into intricate accounts, and private memorandums understood by- none- but the makers. Each talked mighty loud, was mighty right, and awaked those errors in each other's life which had slumbered for twenty years. Both dealt- in contradiction and scandal, but neither could bear them. Like &the and 'Vesuvius, they bellowed against each other in thunder,. smoke, and fire. The- Commissioners themselves could not escape, being singed by the heat, for they were -severally charged with giving .a private audience to the enemy." •
Mr. Hutton rarely loses an opportunity for philosophic reflection. In his preface to the case entitled:" The Pleasures-of Matrimony " he discourses -on law and the married:state
" Law, with its -rigid fetters; binds whatemnecience sets free. Law- knows no mercy. Equity knows no rigour. If this .Court cannot proceed- contrary to lave they can proceed without it. Nature has furnished. every man. with the- talent of- judging between right and wrong ; the paths to both are straight -and- even; though- the light is sometimes defective.- It is a- dutso an -interest, and -a pleasure for a man in the- conjugal state- to promote his own h hess. If he lives in -amity with his wife, he fully enjoys, the .benefit himself. There is: o . species of happiness- more interesting,, none will better. pay for- cultivation, none is so much neglected.. Lore 'is the foundation of this felicity, and this often rests upon' prudence. If -love does not exist, happiness cannot. If a man is -unable-to -love his wife,- let him= try to pity her ; none. ever repented, or wont unrewarded, who made., the trial ; if she has not his affections- she merits his pity, and pity is the, sister of love. Ho will suffer more by hating. her, than himself. He can easily excuse, his own faults ; .let him try- to excuse hers. He who barters happiness for caprice, may improve by reading Paul's sentiments upon- this subject be -the Ephesians, or, if sacred sounds hurt the oar; he -may find an excellent lesson lit the old song of Darby-and Joan. On-the other hand, if the husband is to love_hia wife, the wife can do no less than try to deserve it."
Delightful, too, is Mr. Hutton's introduction and whole treatment of the-action- of " The Second-Hand Wife," and he finds abundant scope for his-humour and somewhat caustic comment in, the comedy of " The- Meek Husband and the ,Bouncing Wife."
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