Law -- England; Poor -- England; Poor laws -- England; Working class -- England
This phrase, typical of the law of to-day and eloquent of the claims of
the rich to fence the poor off the face of the earth, must utterly
disappear when the new spirit of the law is made manifest. We have no
sense of humour. On Sunday we intone to slow music our desire to forgive
our enemy his trespasses; on Monday we go down to our solicitor to issue a
writ against him for the trespass we have failed to forgive. The old
notice threatening prosecution is really already out of date. It ought, of
course, to read, "Trespassers will be Forgiven." For my part if I met
with such a notice, I should hesitate before I walked across the owner's
land; whereas to-day, when I am threatened with prosecution, my bristles
go up, I scent a right of way, and as like as not proceed in my
trespassing out of pure cussedness. There are a lot of other folk besides
myself who are built that way. I know a little girl of five whose chief
glory in life is to walk "on the private," as she calls it, when the
park-keeper is not looking. It is that constant "Don't!" and "You mustn't"
that rouses the rebel in us. The less forbidding there is, the easier the
path of obedience.
I hold no brief for trespassers. I know it is naughty to trespass. But in
the present state of my evolution there is so much of the original monkey
in me that when that "monkey is up," to use a phrase dear to Cardinal
Newman, I go astray. So do many of my best friends.
I have the same belief in the evolution of the moral world and its onward
movement that I have in the revolution of the physical world and its
rotary movement. For this reason I expect my great-grandchildren of two
thousand years hence to be much better behaved than I am. You can see it
coming along in your own grandchildren unless your sight is getting dim.
And I am quite clear that my own manners are an improvement on my great
grandfathers, who lived in caves, and, when they had disputes, made it
clubs, and battered each other strenuously until it was proved which had
the thickest skull, when he of the toughest cranium was adjudged to be in
the right.
The vigorous legal procedure of the cave men sounds laughable enough to us
nowadays, but does anyone think that two thousand years hence superior
unborn persons will not be smiling superciliously over the history books
that record the doings of our judges, our hired counsellors, our sheriffs,
our gaolers, and our hangman?
It was only in the recent reign of good Queen Bess that the ordeal of
battle was given up. The abolition of that old-world lawsuit must have
been painful to the conservative mind. And there was a lot to say for it.
From a sporting point of view, what could be better than to go down to
Tothill Fields in Westminster, as you might have done in 1571, to see A.
B. battering C. D. to the intent that whichever knocked the stuffing out
of the other gained the verdict?
Public-domain text, read in full here on John Shaqi.
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