b

To Albion came, and Tibur's ftreams

Firft join'd her focial waves with Thames, 'Twas then that fam'd Academician,

That learned Monk and Politician,

He who VACARIUS was call'd,

1

The wife elève of THEOBALD,

And others by their Priests escorted,

2

Those Books of choice receipts imported,

In Tiberim defluxit Orontes. JUVENAL.

1 Theobald.-Theobald, a Norman abbot, and archbishop of Canterbury, in the reign of King Stephen, introduced the Civil Law into England. Among others of his retinue he brought over with him Roger, furnamed Vacarius, whom he placed in the univerfity of Oxford to teach it to the people of this country. Blac. Com.

2

Those books-A copy of the Pandects was discovered at Amalfi or Amalfis, a city of Apulia, in the following manner: Lotharius II. in the year 1137, being engaged in a war in behalf of Pope Innocent II. against Roger, King of Sicily and Naples, carried the city of Amalfi by ftorm, with 46 Pifan gallies: upon plundering the city a copy of Juftinian's Pandects was found, and from thence conveyed to Pisa, and afterwards to Florence, where it was kept in the duke's palace, according to Selden, and is never brought forth but with torch-light and tokens of

reverence,

Which at Amalfi lay conceal'd

Till by LOTHARIO's arms reveal'd,
With these, their Fortunes to prefer,
They set up Shop at Westminster ;
3 But of their practice were debarr'd
And fairly kick'd from Palace Yard,

3 But of their practice-The extraordinary rise and establishment of the Civil Law created a jealousy throughout all Europe. King Stephen iffued a peremptory command preventing its propagation in England, and prohibiting Vacarius from reading Lectures at Oxford, and making it unlawful for any one to keep any of the books of the Roman Law by them. Differt, ad Flet. c. 7.

"The nobility at all times rejected the Civil Law with "a degree of afperity and ill humour-The Ufurper Stephen "whose interest it was to conciliate their affections, went "fo far as to prohibit the study of it." De Lolme.

Charles the Ninth and Henry the Third of France issued edicts to the fame effect in France. In Spain it was made capital to offer or allege the Roman Law as compulfive and binding, vid. Bodin de Repub. Lib. 1. cap. 8. of the impolicy

C

Till thinking they had no intent
To hurt th' eftablifh'd Government,
O'er-rule the Laws and ride the Land
With Romish edicts contraband,
The Nation, proud of the submission
Of men of birth and erudition,
Gave them a lodging, and in pity
Sent them to settle in the City,
Begg'd them to gather up their alls,
And vend their drugs behind St. Paul's-

Provided always that if e'er

Said Quack, or Quacks, fhould interfere,
Or any Quack, in word or deed
Prefume his Province to exceed,

of advancing the Laws of Strangers in derogation of the Municipal Laws of the country.

Fortefcue, C. Juftice of the King's Bench, and afterwards Chancellor, carried his oppofition' to the Civil Law fo far, that he wrote a book intitled "De Laudibus Legum Angliæ,” profeffedlyw ith a view to demonftrate the fuperiority of the English Laws over the Civil.

Or take upon him as a Scholar,

+ PROHIBITORY WRIT fhould follow: Bleft Writ! by which their fees are stay'd, And briefs into our bags convey'd!

A practice which muft needs difgust 'em, For as we thrive, they lose their custom;

4 Prohibitory Writ-Or Writ of Prohibition, is a Prerogative Writ iffuing out of the King's Bench, and in fome cafes, out of the Common Pleas, and the Chancery; and is directed to any inferior Court, enjoining their profecution of a Caufe therein depending, upon a Suggestion that the cognizance thereof belongeth not to the Court. F. N. B. 39.

This Writ is commonly granted upon motion, grounded on a Suggestion on Record, fetting forth the nature of the complaint, and iffues to enjoin the Counsel, Judge, and Register of the inferior Court not to proceed any further in the Cause in queftion; but in cafes of doubt or difficulty, the Party applying is directed by the Court to declare in Prohibition, that is, to commence an Action by filing a Declaration, ftating a fiction in Law, viz. that the other party has actually proceeded in the Suit below, notwithstanding the writ. And the Queftion as to the competency of the inferior Court being negatived upon Demurrer and Argument, the Prohibition to the inferior Court refults as a confequence of the Judgment.

But what they lofe, or what they gain,
Has never yet disturb'd my brain:

Let others heed such broils and bustles
Who better can command their muscles;
Enough for me, when Client ftands
With Purse and Parchment in his hands,
And claims my favour and protection,
To keep my Features in fubjection;
Enough for me, with ferious face
To puzzle and perplex his Cafe,
Then give his Purse a gentle squeeze,
And tafte the flavour of his Fees,
His fweet Retainers, and Refreshers,
And leave these claffical Profeffors

Mid barren fields of Roman lore
Their dreary journey to explore,

And lead through paths of fruitless science

Their comfortless bewilder'd Clients.