But they have gone much further than this. Not only is the repose of the
dormant idea left undisturbed, but the manuscript to which it, on
ceasing to be dormant, has been communicated, is hedged round with
divinity. It would be most unfair to the delicacy of the legal mind to
attribute this to the fact, no doubt notorious, that whilst it is easy
(after, say, three years in a pleader's chambers) to draw an indictment
against a man for stealing paper, it is not easy to do so if he has only
stolen the ideas and used his own paper. There are some quibbling
observations in the second book of Justinian's _Institutes_, and a few
remarks of Lord Coke's which might lead the thoughtless to suppose that
in their protection of an author's manuscripts the courts were thinking
more of the paper than of the words put upon it; but that this is not so
clearly appears from our law as it is administered in the Bankruptcy
branch of the High Court.
Suppose a popular novelist were to become a bankrupt--a supposition
which, owing to the immense sums these gentlemen are now known to make,
is robbed of all painfulness by its impossibility--and his effects were
found to consist of the three following items: first, his wearing
apparel; second, a copy of _Whitaker's Almanack_ for the current year;
and third, the manuscript of a complete and hitherto unpublished novel,
worth in the Row, let us say, one thousand pounds. These are the days
of cash payments, so we must not state the author's debts at more than
fifteen hundred pounds. It would have been difficult for him to owe more
without incurring the charge of imprudence. Now, how will the law deal
with the effects of this bankrupt? Ever averse to exposing anyone to
criminal proceedings, it will return to him his clothing, provided its
cash value does not exceed twenty pounds, which, as authors have left
off wearing bloom-coloured garments even as they have left off writing
_Vicars of Wakefield_, it is not likely to do. This humane rule disposes
of item number one. As to _Whitaker's Almanack_, it would probably be
found necessary to take the opinion of the court; since, if it be a tool
of the author's trade, it will not vest in the official receiver and be
divisible amongst the creditors, but, like the first item, will remain
the property of the bankrupt--but otherwise, if not such a tool. On a
point like this the court would probably wish to hear the evidence of an
expert--of some man like Mr. George Augustus Sala, who knows the
literary life to the backbone. This point disposed of, or standing over
for argument, there remains the manuscript novel, which, as we have
said, would, if sold in the Row, produce a sum not only sufficient to
pay the costs of the argument about the _Almanack_ and of all parties
properly appearing in the bankruptcy, but also, if judiciously handled,
a small dividend to the creditors. But here our law steps in with its
chivalrous, almost religious respect for ideas, and declares that the
Public-domain text, read in full here on John Shaqi.
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