The late Mr. Evelyn Philip Shirley, of Ettington, the most enthusiastic

and cultured of English antiquaries, was once describing the procedure

observed on the rare occasion of a "Free Conference" between the Houses

of Parliament. "The Lords," he said, "sit with their hats on their

heads. The Commons stand, uncovered, at the Bar; and the carpet is

spread not on the floor but on the table, illustrating the phrase 'on

the _tapis_.' Those are the things which make life really worth living."

I cannot profess to equal Mr. Shirley in culture, but I yield to no man

in enthusiasm for antiquarian rites. Like Burke, I "piously believe

in the mysterious virtue of wax and parchment." With Mr. Gladstone, I

say that "the principle which gives us ritual in Religion gives us the

ceremonial of Courts, the costume of judges, the uniform of regiments,

all the language of heraldry and symbol, all the hierarchy of rank and

title."

My antiquarian enthusiasm for the Garter must not be allowed to brush

aside the more obvious topic of the Sheriffs. That just now[10] is a

topic which, as the French say, palpitates with actuality. November

is the Sheriffs' month; in it they bloom like chrysanthemums--doomed,

alas! to as brief a splendour. The Sheriffs of London and

Middlesex--those glorious satellites who revolve round the Lord Mayor

of London as the Cardinals round the Pope--are already installed. Their

state carriages of dazzling hue, and their liveries stiff with gold

bullion, have flung their radiance (as the late Mr. J. R. Green would

have said) over the fog and filth of our autumnal climate.

"Who asketh why the Beautiful was made?

A wan cloud drifting o'er the waste of blue,

The thistledown that floats along the glade,

The lilac blooms of April--fair to view,

And naught but fair are these; and such I ween are you.

Yes, ye are beautiful. The young street boys

Joy in your beauty----"

But I am becoming rhapsodical, and with less excuse than "C. S. C.,"

whose poetic fire was kindled by the sight of the Beadles in the

Burlington Arcade.

[10] November 1896.

On Monday the 12th of November, being the morrow of St. Martin, the

Chancellor of the Exchequer, in clothing of wrought gold and figured

silk, attending the ghost of what was once the Court of Exchequer,

nominates three gentlemen of good estate to serve the office of High

Sheriff for each of the counties of England. Be it remarked in passing

that the robe of black and gold which the Chancellor wears on this

occasion is that which Mr. Gladstone's statue in the Strand represents,

and which, as a matter of fact, he wore at the opening of the Law

Courts in December 1882, when, to the astonishment of the unlearned, he

walked in procession among the Judges.

Early in the new year--on "the morrow of the Purification" to wit--the

Lord President of the Council submits the names of the nominated

Sheriffs, duly engrossed on parchment, to the King, who then, with a

silver bodkin, "pricks" the name of the gentleman who in each county

seems the fittest of the three for the august and perilous office of

High Sheriff.

I love to handle great things greatly; so I have refreshed my memory

with the constitutional lore of this high theme. The etymology of

"Sheriff" I find to be (on the indisputable authority of Dr. Dryasdust)

"Scirgeréfa--the 'Reeve' or Fiscal Officer of a Shire." In the Saxon

twilight of our national history this Reeve, not yet developed into

Sheriff, ranked next in his county to the Bishop and the Ealdorman,

or Earl. In those days of rudimentary self-government, the Reeve was

elected by popular vote, but Edward II., who seems to have been a

bureaucrat before his time, abolished the form of election except as

regards the cities, and from his time onwards the High Sheriff of a

county has been a nominated officer. Until the days of the Tudors,

the High Sheriff wielded great and miscellaneous powers. He was the

military head of the county. He commanded the "Posse Comitatus," in

which at his bidding every male over fifteen was forced to serve;

and he was, in all matters of civil and criminal jurisdiction, the

executant and minister of the law.

_Quomodo ceciderunt fortes!_ Henry VIII. at one fell swoop terminated

the Sheriff's military power and made the new-fangled Lord-Lieutenant

commander of the local forces; and successive Acts of Parliament have,

by increasing the powers of courts and magistracies, reduced the civil

power of the Sheriff to a dismal shadow of its former greatness. Still,

in the person of his unromantic representative, the "Bound Bailiff,"

he watches the execution of civil process in the case of those who, to

use a picturesque phrase, have "outrun the constable"; still, with all

the pantomimic pomp of coach and footmen, trumpeters and javelin-men,

he conducts the Judges of Assize to and from the court; and still he

must be present in court when the capital sentence is pronounced. I

believe I am right in stating that there is no such document as a

"Death-warrant" known to English jurisprudence. The only warrant for

the execution of a felon is the verbal sentence of the Judge pronounced

in open court; and, as the High Sheriff is responsible for the due

execution of that sentence, he must be present when it is pronounced,

in order that he may know, by the evidence of his own eyes, that the

person brought out for execution is the person on whom the sentence was

pronounced. It is probable that many of my readers recollect the first

Lord Tollemache, a man who combined singular gifts of physical strength

with a delicate humanitarianism. He had been High Sheriff of Cheshire

in very early life, and, till he was elevated to the Peerage, it was

possible that his turn might come round again. Contemplating this

contingency, he said that if he were again charged with the execution

of a capital sentence, he should, on his own authority, offer the

condemned man a dose of chloroform, so that, if he chose, he might go

unconscious to his doom.

The duties connected with the capital sentence are, of course,

infinitely the most trying of those which befall a High Sheriff; but

even in other respects his lot is not an unmixed pleasure. If he is a

poor man, the expense of conducting the Assizes with proper dignity

is considerable. A sensitive man does not like to hear invidious

comparisons between his carriages, horses, and liveries, and those

of his predecessor in office. He winces under the imputation of an

unworthy economy; and, if his equipage was conspicuously unequal to

the occasion, the Judges have been known to express their displeasure

by sarcasms, protests, and even fines. The fining power of a Judge

on circuit is a mysterious prerogative. I have no notion whether it

is restrained by statutory limitations, by what process the fine is

enforced, or into whose pocket it finds its way. Some years ago the

High Sheriff of Surrey published a placard at the Guildford Assizes

setting forth that the public were excluded from the court by the

Judge's order and in defiance of law, and warning his subordinate

officers against giving effect to the order for exclusion. The Judge

pronounced the placard "a painfully contumacious contempt of the

Court," and fined the High Sheriff £500. My memory does not recall,

and the records do not state, whether the mulcted officer paid up or

climbed down.

If the High Sheriff has a friend or kinsman in Holy Orders, the Assizes

afford an excellent opportunity of bringing him to public notice in the

capacity of Sheriff's Chaplain; for the Chaplain preaches before the

Judges at the opening of the Assize, and, if he is ambitious of fame,

he can generally contrive to make something of the occasion. But few

Chaplains, I should think, have emulated the courage of Sydney Smith,

who at the York Assizes in 1824 rebuked the besetting sins of Bench and

Bar in two remarkably vigorous sermons on these suggestive themes--"The

Judge that smites contrary to the Law" and "The Lawyer that tempted

Christ."

Broadly, I suppose it may be said that the people who really enjoy

being High Sheriffs are not those who, by virtue of long hereditary

connexion with the soil, are to the manner born; but rather those who

by commercial industry have accumulated capital, and have invested it

in land with a view to founding a family. To such, the hospitalities

paid and the deference received, the quaint splendour of the Assize,

and the undisputed precedence over the gentlemen of the County, are

joys not lightly to be esteemed. When Lothair was arranging the

splendid ceremonial for his famous Coming of Age, he said to the

Duchess, "There is no doubt that, in the County, the High Sheriff takes

precedence of every one, even of the Lord-Lieutenant; but how about

his wife? I believe there is some tremendous question about the lady's

precedence. We ought to have written to the Heralds' College." The

Duchess graciously gave Mrs. High Sheriff the benefit of the doubt,

and the ceremonies went forward without a hitch. On the night of the

great banquet Lothair looked round, and then, "in an audible voice,

and with a stateliness becoming such an incident, called upon the High

Sheriff to lead the Duchess to the table. Although that eminent man had

been thinking of nothing else for days, and during the last half-hour

had felt as a man feels, and can only feel, who knows that some public

function is momentarily about to fall to his perilous discharge, he was

taken quite aback, changed colour, and lost his head. But Lothair's

band, who were waiting at the door of the apartment to precede the

procession to the hall, striking up at this moment "The Roast Beef

of Old England," reanimated his heart, and, following Lothair and

preceding all the other guests down the gallery and through many

chambers, he experienced the proudest moment in a life of struggle,

ingenuity, vicissitude, and success."

XXXII

PUBLISHERS

There is a passage in Selden's "Table-Talk" which, if I recollect it

aright, may be paraphrased in some such form as this: The Lion, reeking

of slaughter, met his neighbour the Sheep, and, after exchanging

the time of day with her, asked her if his breath smelt of blood.

She replied "Yes," whereupon he snapped off her head for a fool.

Immediately afterwards he met the Jackal, to whom he addressed the same

question. The Jackal answered "No," and the Lion tore him in pieces for

a flatterer. Last of all he met the Fox, and asked the question a third

time. The Fox replied that he had a cold in his head, and could smell

nothing. _Moral_: "Wise men say little in dangerous times." The bearing

of this aphorism on my present subject is sufficiently obvious; the

"times"--not _Times_--are "dangerous" alike for authors and publishers,

and "wise men" will "say little" about current controversies, lest they

should have their heads snapped off by Mr. Lucas and Mr. Graves, or be

torn in pieces by Mr. Moberley Bell.

Thus warned, I turn my thoughts to Publishers as they have existed in

the past, and more particularly to their relations with the authors

whose works they have given to the world. How happy those relations

may be, when maintained with tact and temper on both sides, is well

illustrated by an anecdote of that indefatigable penwoman, "the

gorgeous Lady Blessington." Thinking herself injured by some delay

on the part of her publishers, Messrs. Sanders & Otley, she sent her

son-in-law, the irrepressible Count D'Orsay, to remonstrate. The Count

was received by a dignified gentleman in a stiff white cravat, whom

he proceeded to assail with the most vigorous invective, until the

cravated gentleman could stand it no longer and roundly declared that

he would sacrifice Lady Blessington's patronage sooner than subject

himself to personal insult. "Personal?" exclaimed the lively Count.

"There's nothing personal in my remarks. If you're Sanders, then d----

Otley; if you're Otley, then d---- Sanders."

It is to be feared that a similar imprecation has often formed itself

in the heart, though it may not have issued from the lips, of a baulked

and disillusioned author. Though notoriously the most long-suffering

of a patient race, the present writer has before now felt inclined to

borrow the vigorous invective of Count D'Orsay. Some six months before

American copyright was, after long negotiation, secured for English

authors, Messrs. Popgood and Groolly (I borrow the names from Sir Frank

Burnand) arranged with me for the publication of a modest work. It was

quite ready for publication, but the experienced publishers pointed

out the desirability of keeping it back till the new law of copyright

came into force, for there was a rich harvest to be reaped in America;

and all the American profits, after, say, five thousand copies were

sold, were to be mine alone. A year later I received a cheque, 18s.

6d., which, I imagine, bore the same relation to the American profits

as Mrs. Crupp's "one cold kidney on a cheese-plate" bore to the remains

of David Copperfield's feast. On enquiry I was soothingly informed by

Popgood and Groolly that the exact number of copies sold in America was

5005, and that the cheque represented (as per agreement) the royalty

on the copies sold, over and above the first five thousand. That the

publishers should have so accurately estimated the American sale seemed

to me a remarkable instance of commercial foresight.

Not much more amiable are the feelings of the author towards the

publisher who declines his wares; and I have always felt that

Washington Irving must have had a keen and legitimate satisfaction in

prefixing to his immensely popular "Sketch-Book" the flummery in which

old John Murray wrapped up his refusal of the manuscript:--

"I entreat you to believe that I feel truly obliged by your kind

intentions towards me, and that I entertain the most unfeigned respect

for your most tasteful talents. If it would not suit me to engage in

the publication of your present work, it is only because I do not see

that scope in the nature of it which would enable me to make those

satisfactory accounts between us which I really feel no satisfaction in

engaging."

Now, surely, as Justice Shallow says, good phrases are, and ever were,

very commendable. While Murray dealt in good phrases, his rival Longman

expressed himself through the more tangible medium of good cheques.

He was the London publisher, and apparently the financier, of the

_Edinburgh Review_, and, according to Sydney Smith's testimony, his

fiscal system was simplicity itself. "I used to send in a bill in these

words, 'Messrs. Longman & Co. to the Rev. Sydney Smith. To a very wise

and witty article on such a subject; so many sheets, at forty-five

guineas a sheet,' and the money always came." Here is another passage

from the financial dealings of the same great house, which during the

last fifty years has caused many a penman's mouth to water. On the

7th of March 1856 Macaulay wrote in his diary: "Longman came, with a

very pleasant announcement. He and his partners find that they are

overflowing with money, and think that they cannot invest it better

than by advancing to me, on the usual terms of course, part of what

will be due to me in December. We agreed that they shall pay twenty

thousand pounds into Williams's Bank next week. What a sum to be gained

by one edition of a book! I may say, gained in one day. But that was

harvest-day. The work had been near seven years in hand."

After that glorious instance, all tales of profit from books seem flat

and insignificant. As a rule, we have to reckon our makings on a far

more modest scale. "Sir," said an enthusiastic lady to Mr. Zangwill,

"I admire 'The Children of the Ghetto' so much that I have read it

eight times." "Madam," replied Mr. Zangwill, "I would rather you had

bought eight copies." Even so, with our exiguous profit on eight copies

duly sold, our state is more gracious than that of more deserving men.

Here is a touching vignette from a book of travels, which was popular

in my youth: "At _table d'hôte_ there is a charming old gentleman who

has translated Æschylus and Euripides into English verse; he has been

complimented by the greatest scholars of the day, and his publishers

have just sent him in his bill for printing, and a letter to know what

the deuce they shall do with the first thousand."

Such are the joys of publishing at one's own risk. Hardly more

exhilarating is the experience of knocking at all the doors in

Paternoster Row, or Albemarle Street, or Waterloo Place, and imploring

the stony-hearted publisher to purchase one's modest wares. Old John

Murray's soothing formula about "most tasteful talents" has been

reproduced, with suitable variations, from that time to this. No one

experienced it oftener than the late Mr. Shorthouse, whose one good

book--"John Inglesant"--made the rounds of the Trade, until at length

Messrs. Macmillan recognized its strange power. In their hands, as

every one knows, the book prospered exceedingly, and the publishers

who had rejected it were consumed by remorse. In this connexion my

friend Mr. James Payn used to tell a story which outweighs a great

many acrid witticisms about "Barabbas was a Publisher" and Napoleon's

one meritorious action in hanging a Bookseller. Payn was "reader"

to Smith and Elder, and in that capacity declined the manuscript of

"John Inglesant." Some years afterwards this fact was stated in print,

together with an estimate of what his error had cost his firm. Payn,

who was the last man to sit down patiently under a calumny, told the

late Mr. George Smith that he felt bound in self-respect to contradict

a story so derogatory to his literary judgment. "If I were you,"

replied Mr. Smith, "I wouldn't do that, for, as a matter of fact,

you did reject the manuscript, and we have lost what Macmillans have

gained. I never told you, because I knew it would annoy you; and I only

tell you now to prevent you from contradicting 'an ower true tale.'"

Payn used to say that, in all the annals of business, considerate

forbearance had never been better exemplified. Against this story

of his failure to perceive merit Payn was wont to set his discovery

of Mr. Anstey Guthrie. The manuscript of "Vice Versa," bearing the

unknown name of "F. Anstey," came in ordinary course into his hands. He

glanced at the first page, turned over, read to the end, and then ran

into Mr. Smith's room saying, "We've got the funniest thing that has

been written since Dickens's 'Christmas Carol.'" And the public gave

unequivocal evidence that it concurred in the verdict.

Let a "smooth tale of love" close these reminiscences of Publishers.

Some forty years ago, when all young and ardent spirits had caught the

sacred fire of Italian freedom from Garibaldi and Swinburne and Mrs.

Browning, a young lady, nurtured in the straitest of Tory homes, was

inspired--it is hardly too strong a word--to write a book of ballads

in which the heroes and the deeds of the Italian Revolution were

glorified. She knew full well that, if she were detected, her father

would have a stroke and her mother would lock her up in the spare

bedroom. So, in sending her manuscript to a publisher, she passed

herself off as a man. Her vigorous and vehement style, her strong grasp

of the political situation, and her enjoyment of battle and bloodshed,

contributed to the illusion; her poems were published anonymously;

other volumes followed; and for several years the publisher addressed

his contributor as "Esquire." At length it chanced that both publisher

and poetess were staying, unknown to each other, at the same seaside

place. Her letter, written from--let us say--Brighton, reached him

at Brighton; so, instead of answering by post, he went to the hotel

and asked for Mr. Talbot, or whatever great Tory name you prefer. The

porter said, "There is no Mr. Talbot staying here. There is a Miss

Talbot, and she may be able to give you some information." So Miss

Talbot was produced; the secret of the authorship was disclosed; and

the negotiations took an entirely new turn, which ended in making the

poetess the publisher's wife.

XXXIII

HANDWRITING

When "The Book of Snobs" was appearing week by week in _Punch_,

Thackeray derived constant aid from suggestive correspondents. "'Why

only attack the aristocratic Snobs?' says one estimable gentleman. 'Are

not the snobbish Snobs to have their turn?' 'Pitch into the University

Snobs!' writes an indignant correspondent (who spells _elegant_ with

two _l_'s)."

Similarly, if I may compare small things with great, I am happy in the

possession of an unknown friend who, from time to time, supplies me

with references to current topics which he thinks suitable to my gentle

methods of criticism. My friend (unlike Thackeray's correspondent) can

spell _elegant_, and much longer words too, with faultless accuracy,

and is altogether, as I judge, a person of much culture. It is this

circumstance, I suppose (for he has no earthly connexion with the

Army), which makes him feel so keenly about a cutting from a newspaper

which he has just sent us:--

"In a report just issued by the War Office on the result of

examinations for promotion many officers are said to be handicapped

by their bad handwriting. Some show of 'want of intelligence, small

power of expression, poor penmanship--in fact, appear to suffer from

defective education.'

"On the other hand, the work of non-commissioned officers shows

intelligence and power of concise expression, while penmanship is good.

"But the percentage of failures among the officers shows a large

decrease--from 22 per cent. in November 1904 to 13 per cent. in May

last. The improvement is particularly noticeable among lieutenants. It

is apparent, says the report, that a serious effort is being made by

the commissioned ranks to master all the text-books and other aids to

efficiency."

"This," says my correspondent, "is a shameful disclosure. Cannot you

say something about it in print?" Inclining naturally to the more

favourable view of my fellow-creatures, I prefer to reflect, not on the

"poor penmanship" and "defective education" of my military friends,

but on their manly efforts after self-improvement. There is something

at once pathetic and edifying in the picture of these worthy men, each

of whom has probably cost his father £200 a year for education ever

since he was ten years old, making their "serious effort to master the

text-books and other aids to efficiency," in the humble hope that their

writing may some day rival that of the non-commissioned officers.

It was not ever thus. These laudable, though lowly, endeavours after

Culture are of recent growth in the British Army. Fifty years ago, if

we may trust contemporary evidence, the Uneducated Subaltern developed,

by a natural process, into the Uneducated General.

"I have always," said Thackeray in 1846, "admired that dispensation

of rank in our country which sets up a budding Cornet, who is shaving

for a beard (and who was flogged only last week because he could

not spell), to command great whiskered warriors who have faced all

dangers of climate and battle." _Because he could not spell._ The

same infirmity accompanied the Cornet into the higher grades of

his profession--witness Captain Rawdon Crawley's memorandum of his

available effects: "My double-barril by Manton, say 40 guineas; my

duelling pistols in rosewood case (same which I shot Captain Marker)

£20." And, even when the Cornet had blossomed into a General, his

education was still far from complete: "A man can't help being a fool,

be he ever so old, and Sir George Tufto is a greater ass at sixty-eight

than he was when he entered the army at fifteen. He never read a book

in his life, and, with his purple, old, gouty fingers, still writes a

schoolboy hand."

But do Soldiers write a worse hand than other people? I rather doubt

it, and certain I am that several of my friends, highly placed in

Church and politics and law, would do very well to apply themselves for

a season to those "text-books and other aids to efficiency" by which

the zealous Subaltern seeks to complete his "defective education."

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