Great books have naturally enough, being longer lived, come into court
even more frequently than great authors. _Paradise Lost_, _The Whole
Duty of Man_, _The Pilgrim's Progress_, _Thomson's Seasons_, _Rasselas_,
all have a legal as well as a literary history. Nay, Holy Writ herself
has raised some nice points. The king's exclusive prerogative to print
the authorised version has been based by some lawyers on the commercial
circumstance that King James paid for it out of his own pocket. Hence,
argued they, cunningly enough, it became his, and is now his
successor's. Others have contended more strikingly that the right of
multiplying copies of the Scriptures necessarily belongs to the king as
head of the Church. A few have been found to question the right
altogether, and to call it a job. As her present gracious Majesty has
been pleased to abandon the prerogative, and has left all her subjects
free (though at their own charges) to publish the version of her learned
predecessor, the Bible does not now come into court on its own account.
But whilst the prerogative was enforced, the king's printers were
frequently to be found seeking injunctions to restrain the vending of
the Word of God by (to use Carlyle's language) 'Mr. Thomas Teggs and
other extraneous persons.' Nor did the judges, on proper proof, hesitate
to grant what was sought. It is perhaps interesting to observe that the
king never claimed more than the text. It was always open to anybody to
publish even King James's version, if he added notes of his own. But how
shamefully was this royal indulgence abused! Knavish booksellers,
anxious to turn a dishonest penny out of the very Bible, were known to
publish Bibles with so-called notes, which upon examination turned out
not to be _bonâ-fide_ notes at all, but sometimes mere indications of
assent with what was stated in the text, and sometimes simple
ejaculations. And as people as a rule preferred to be without notes of
this character they used to be thoughtfully printed at the very edge of
the sheet, so that the scissors of the binder should cut them off and
prevent them annoying the reader. But one can fancy the question, 'What
is a _bonâ-fide_ note?' exercising the legal mind.
Our great lawyers on the bench have always treated literature in the
abstract with the utmost respect. They have in many cases felt that they
too, but for the grace of God, might have been authors. Like Charles
Lamb's solemn Quaker, 'they had been wits in their youth.' Lord
Mansfield never forgot that, according to Mr. Pope, he was a lost Ovid.
Before ideas in their divine essence the judges have bowed down. 'A
literary composition,' it has been said by them, 'so long as it lies
dormant in the author's mind, is absolutely in his own possession.' Even
Mr. Horatio Sparkins, of whose brilliant table-talk this observation
reminds us, could not more willingly have recognised an obvious truth.
Public-domain text, read in full here on John Shaqi.
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