University of Virginia Library


88

“You are not summon'd to decide
Whether defendant be allied
To the fleet Pointers of his nation,
Or as a Cur deserves his station;
This would be usurpation rude,
And on our monarch's rights intrude,
To whose prerogative alone
Belong the means to make it known.
Nor are you to emblazen forth
Defendant's worth, or lack of worth,
In character, or orthodox,
As guardian of his fold and flocks;
This is for those who placed him there,
Confiding in his trust and care:
And those who dare this right invade,
Should to all beasts a scorn be made.
You've simply to decide the facts,
Whether defendant did the acts;
And did the acts with rude intent,
Against the plaintiff's own consent;
For in the law, by legal course,
Assault and battery rise from force;
And where no force is used, 'tis plain,
No cause for action can remain.