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Say, I lie drunk, a trespasser besides,
On Marcus' avenue; and Marcus rides,
Or stumbles o'er me: still, first question is,
Have shunned the danger, and so gone elsewhere?
I was in act the first to blame: if no,
Since but for me he ne'er had been o'erthrown,
What then, whene'er by night I walk or ride,
I must not, if I'd not be brought to book,
But if with eye-sight such as bless'd withal,
Your case thereby nor better is nor worse,
Of these collateral moot-points enough,
*Davies v. Mann, 10 M. & W. 546.
† Butterfield v. Forrester, 11 East, 60.
Scott v. Dublin and Wicklow Ry. Co., 11 W. C. L. R. 377.
Lynch v. Nurdin, 4 P. & D. 672. Waite v. Nth. Lu. Ry. Coy., 1 Ell. Bl. & Ell. 719.
VOL. XVII.-NO. XXXIV,
The judgment's truly neither less nor more
But there you stop: else, caught in Pleaders' Pound,
As, say that when, a log, in Marcus' way
Marcus athwart me falling breaks his head,
"You might have shunned me, had you used your eyes;"
"Nor had I dashed 'gainst yours, and lost, my eye."
For here the active fault of both concurr'd
And left to neither, in the law, a word. (a)
Or say two barges insecurely moor'd
Drift in a stream, with neither crew on board:
The barques approach, and with a crash collide:
But two, each so in fault, will yield no more
And Wightman's canon, as above we see,
Where Plaintiff's fault's the first contributory.
"True, 'twas my first default that brought me there,
By Wightman's judgment, then, 'twas never meant
ART. IV.—THE PEERS, BARONETS, KNIGHTS, AND LANDED GENTRY, AND THE BOOKS ABOUT THEM.
The Historic Peerage of England, being a new Edition of the Synopsis of the Peerage of England," by the late Sir Harris Nicolas, G. C.M.G. BY WILLIAM Courthope, Esq., Somerset Herald. 1857. Murray: Albemarle
The Noblemen and Gentlemen of England. Attempted by EVELYN PHILIP SHIRLEY, Esq., M.A., F.S.A., one of the Knights of the Shire for the Co. of Warwick. Westminster: J. B. Nichols and Sons.
The Peerage, Baronetage, and Knightage of Great Britain and Ireland for 1864, including all the Titled Classes for 1864: twenty-fourth year. By ROBERT P. DoD, Esq. Whittaker and Co.
A Dictionary of the Peerage and Baronetage of the British
THE HE Peers, Baronets, Knights, and Landed Gentlemen of the United Kingdom form a subject of peculiar interest to lawyers, for upon these upper classes and their vast territorial possessions and manifold affairs the major portion of the legal operations of the country turn. They and their connections are the dramatis personæ of most of not only the parliamentary but the forensic events of the time. Equity and the civil side of the common law would have but confined action without these prominent personages, and, to their honour may it be said, there is only the criminal law with which they come little in contact. It is indeed an undoubted truth that from age
to age down to the present time, the nobles and upper classes have, compared with the rest of society, been singularly free from criminal prosecutions other than those of a political nature. Look back for the last two hundred years. The charge of murder against a peer, if we except Lord Ferrers' crime-the act of a madman-and some cases of duelling, is utterly unknown. This is so; but the brighter side of jurisprudence is ever bringing the nobleman or gentleman forward. Their conveyances and their wills, their contracts and their dealings bring substantial wealth to the barrister and the solicitor, and sharpen and keep sharpened the intellect of both. The affairs of Parliament are in close alliance with the affairs of Westminster Hall. The law is, too, ever busy with the daily transactions of nobles and gentry in every county in the realm. These superior classes so link one with another that, in conveyancing particularly, reference to their status, alliances, and descents, becomes frequently indispensable. A knowledge therefore, of the peerage, baronetage, knightage, and gentry of the United Kingdom cannot but prove of very great advantage to all practising lawyers.
In another sense, British rank and dignity must ever be of interest to the British bar: for it is the goal to which all successful members of that bar have a right to aspire. Every French soldier, it is said, carries a Marshal's bâton in his knapsack; the observation may be also ventured that every barrister bears in his forensic bag the patent of a peerage. At any rate, if any barrister thinks that too strong an assertion, and will not indulge in such proud pleasures of hope, he has at least the pleasures of memory. Let him but look over the past roll of nobility of the United Kingdom, and how illumined will he find it with the talent and the virtue that the bar has brought it. The peerage is big with the history of the bar. The peerage, however, includes Wellington and Nelson, and therefore we cannot say of it that cedant arma toga, yet, in the acquisition of titled rank, the bar has done much to acquire a parity of fame. Histories,