This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world’s books discoverable online.
Ithas survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that’s often difficult to discover.
Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians, Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can’t offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book’s appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe.
About Google Book Search
Google's mission is to organize the world’s information and to make it universally accessible and useful. Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web affhttp: //books . google.com
ey +
ra
CURIOSITIES OF LAW AND LAWYERS.
CURIOSITIES
or
LAW AND LAWYERS
BY” CROAKE JAMEScp 1 pads Paliwaert
¢
NEW EDITION, GREATLY ENLARGED
LONDON
SAMPSON LOW, MARSTON AND COMPANY nate St. Bunstan's Fouse Ferrer Lave, Fueet Street, E.C, 1896
CURIOSITIES
or
LAW AND LAWYERS
ar CROAKE JAMEScp:*12; pawks Patiwaere
NEW EDITION, GREATLY ENLARGED
LONDON SAMPSON LOW, MARSTON AND COMPANY
LIMITED St. Bunstan's Yous: Varrer Lane, Fieger Srerer, EC, 1896
Printed by Hazel, Watson, & Viney, Ld., Loncon and Ayleabary.
Loge 18 bows 9
PREFACE.
Ow lately retiring, after half a century’s prac- tice of the Law, my companions, in Grand Divan assembled, bound me over to complete for their use & Repertory of Good Things relating to our common profession, which I had long been preparing, and of which they had read and heard snatches. “These presents” contain this fond memorial of departed joys. There are many favourite sayings, standard illustrations, golden sentences, exploits of legal heroes, jests, ex- planations of curious and memorable doctrines and incidents, which make up the “natural history" of the Lawyer Tribe. I have with great care selected and assorted these, and trust they will be found to amuse, if not edify, Lawyers, as well aa their numerous Clients.
C. J.
CONTENTS.
CHAPTER I. Amour LawYERs GENERALLY =... 4 «1, 600 CHAPTER IL, AvoutJupars . . wl se ee 16,514 CHAPTER Il. Anout Tam Law, Lroat AvrHons, AND CovrTs . . 72, 345 CHAPTER IY, Azout ADVOCATES, PLEADERS, CONVETANCERS, AND AT- TORIES © eee + 108, GE CHAPTER Y. Avour COUNSEL, THE ATTORNEY-GENERAL, CincurT®, axp bos or Courr . «we s+ 188, 866 CHAPTER VI.
ABOUT THE CHURCH, BISHOPS, AND CLERGY . ,° . 226, 604
CHAPTER VII.
ABOUT GOVERNMENT, THE SOVEREIGN, PARLIAMENT, AND Punic RIGHTS. . eee BA, OIG
CONTENTS.
CHAPTER VII. Aout PUNISHMESTS, PEI8OXEES, AND JUSTICES OF THE Proce ww ww ww we BH, 686 CHAPTER IX. Asovt RECREATIONS oF JupGEs axD Lawrmns . . 542, 667 CHAPTER X. ABOUT CHANCELLORS AND THE GuRAT SEAL . . . 878, 696 CHAPTER XI. Avovt Nice Points or Law, AND THINGS NOT GENERALLY Ewown . 5 ee ee ee we 415, 730 CHAPTER XII. Aoor Wiruxssrs any Jomrumn 6 wg gy 447, 46 CHAPTER XUI.
Apour THe Deap xp Taare Wiig. =... 491, 762
CURIOSITIES OF LAW AND LAWYERS,
CHAPTER I. ABOUT LAWYERS GENERALLY.
HOW LAWYERS GET TO HEAVEN.
There is a pleasant story of a lawyer, who, being refused entrance into heaven by St. Peter, contrived to throw his hat inside the door; and then, beirg permitted by the kind saint to go in and fetch it, toox advantage of his boing fixed to his post. as doorkoeper to refase to come back again.
THY LAWYER'S PILGRIMS PROGRESS.
Adolphus, the criminal lawyer, a that the judges in his tine wore much impressed with the following table of degrees. The three degrees of comparison ina lawyer's progress are: getting on; getting on-er (honout i on-est. onset). Tho judges, he says, acknowl was much sad trath in this jingle,
‘THE LAWYER'S PATRON SALNT.
St. Evona, or Ives, of Brittany, a famous lawyer in 1300, was lamenting that his profession had not «patron saint to look up to, The physicians had St, Luko; the champions had St.George; ¢ artists each had one; bat the lawyers had nono, Thinking that tho Pope ought to bestow a saint, he went to Rome, and requested his Holiness to give tho lawyers of Brittany a patron, The Pope, rather puzzled, proposed to St, Evona that he should go round
1
the good ‘or willit undertook, When
hho bad tidkhed bis Ave Macias, eins worl ad.
his hands on the first image ho came to, and cried our
en from his eyes, what
Seaee
This St. Evons of Brittany, it is said in Carr’s account the Netherlands, 1084, was so dujected at the choice ® patron saint, that in a few months he died, and
wan's gates kaocked hard, Whereupon who it was that knocked so boldly. He was St. Evona the advocidte. “Away, St. Peter; “hero is but one advocate in is no room for you lawyers.” “Ob, but,” “Lam that honest lawyer who never took sides, nor pleaded in a bad cause; nor did neighbours together by the ears, nor lived people” “Well, then,” maid St, Peter, int” He became the patvon saint himself.
This one in mind of Ben Jonson going eins in Surrey, and secing poor people wi over a grave, whereupon he auked ony of the women why they wept “Ob,” said she," we have lost our sceptics (archon a me us all in peace, and always was so as to keop us from goin, wv “ead es oh ‘hint over lve a Well said fonson, “1 wil an epitaph to write u| ar with sia God works wonders now and then = Here lios & lawyer—an honest mas.
tt File stl fé grea Eee ERE & 3
“x ¢ =
aoe fut
FE 325 |
i
Ta ti g ad ¥,
WHY LAWYERS TAKE UP BAD CASES.
One of tho most famous French advocates, was axked by the President of the Parliament of
LAWYERS GENERALLY, 8
why he took upon him to plead bad causes, He ane swered, with a smilo, that he did it beenuse he had lost
@ great many good ones.
Tt was said by Alexander ab Alexandro, a famous ‘Neapolitan lawyer about 1500, that when he saw it was impossible for advocates to support thelr clionta against the power and favour of the t, ib was to no to take so much pains in ing tho Jaw, for the issue of suite dy |, not on the justice of the cause, but-on the favour and affection of a lazy and corrupt judge, whom the laws suppose to be n good and upright man— Bayle’s Dict.
Laud relates in his diary, that when he was standing one day, during dinner, near his unfortunate master, then, Prince Charles, the prince, who was in chert ir talking of many things as occasion offered, mui necessity compelled Tim to choose any particular pro- feasion of life, he would not be a lawyer; “ for,” he said, “T can neithor defend a bad cause, nor yield in « good one.”
ROMAN AND DUTCH ADVOCATEX—ON THK VOCATION,
By the Roman laws every advocate was required to swear that he would not undertake a cause which he knew to be unjust, and that he would abandon a defence onan oer dacover to be supported by falsehood or iniquity. [Cicero's oration lone is w striki imatanco of the strict observance of this rule) This ix continued in Holland at this day; and if an advocate forward a cause there which appears to the Court atte iniquitous, ho is condemned in tho coste of the suit; the examples will, of course, be very rare: moro than one has, however, occurred within the memory of persons who are now living. The posible inconvenience ‘that a cause just in itself might not bo able to finda defender, is obviated in that country by an easy provision: ry who can find no advocate, and is nevertheless fenin o the validity of bis cause, may apply to the which bas in cases & discretionary power of
4 CURIOSITIES OF LAW AND LAWYERS. ee or appointing one—Quarterly Review, Jan.
And the sume course as that last mentioned is said to have been always followed in Scotland,
A SUBTLE LAwTER,
tuned to say of Wise, a lawyer of Lincoln's Inn, inter acute man in all besiness he undertook, was lik
to the canonization of saints, ome rp cent eal al who takes part in the
all ve me ‘and all fey merits that can be
ascribed to the deceased. And, on the other hand, the function of the davil’s advocate is to find flaws in all this avidence, to slight the good deeds, to doubt the miracles, sod so rake wp all tho vil that can be ssid or thought against the deceasod, 90 as to show that there is no good ground for the canonization. Hence a devil's advocate is often an apt description of any ono who makes unscrupu- lous accusations and abuses worthy characters,
Hk WhO 15 WS OWN LAWYER 18 4 POOL.
Mr, Gleave, when tried before Lord Shafer in tho Court of Exchequer, acted as his own counsel, and
began his remarking that before be sat down he oe rege peatage Sree haa pr ate Regie ged
LAWYERS GENERALLY. 5
‘THE SECRET OF SUCCESS IN LAWSUITS,
A. veteran attorney, Mr, Selwin, who once stood as candidate for Chamberlain of London, after retiring from business, on being asked by his niece what were the uisites for snecess in yD replicd os follows: “Why, it depends on a nu of ciretmstances: first inust have good care; secondly, a attorney 5 Thlraly, m gre oosoeas fourbly, good witcemen, Ani ngood jury ; sixthly, good judge; and, lastly, good luck”
Fibs? NOOK FOR A LaWynn’s LIBRARY.
Macklin, the actor, told a company that be at first designed his son for the law, and for this purposs entered him in the Tomple, where ol sage chambers and a library above what he could atford, considering the un- certainty of his income. "And what book, sir," anid the veteran actor, “do you think I made him fin with ? Why, sir, [ll tell you—the Bible—the Holy Bible.” “lis Biblo, Macklin, for a lawyer!" oxelaimod his friond. “Yes, sir, the properest and most scientitic book for an honest lawyer, as there you will find the foundation of all law as well ay all morality.”
AN IRONICAL DEPISITION OF A LAWYER
Lord Brougham is said in an ironical way to hava defined a Inwyer as “a learned gentleman who rescues Your estate from your enemies, and keeps it to himself.”
BUT FEW HONEST LAWYERS,
Lonl Clarendon (the second) in his diary (Jan. 1689), says, “Iwas at the Temple with Mr. Roger North and Sir les Porter, who are the only two honest lawyers J ever met with.”
OUR LAWYER ENGAGED ON THE OTTER SIDR
‘An opulent farmer applied to an attorney about commencing a Iawsnit, but was told that the latter
6 CURIOSITIES OF LAW AND LAWYERS.
could not undertake it, being already en, on the other side, At the same time he said bo five the
ient a letter of recommendation to «professional friend, which he did. The farmer is said out of curiosity to have opened the letter, and read as follows:
Here are two fab fallen out together ; ‘youl fleece one, Tt fleece the other, ‘And malke “om agree like and brother.
‘The isa) of this letter, it is anid, opened tho oyes of psig Deep rell haley bs
‘THE PORTION OF A JUST LAWYER.
The following was considered gravely humorous in 1740, as “ Didius,” in the Gentleman's Magazine of that date, writes to that journal: “I was in company with two or three ie =‘ some Aas ago, when the nrc turning upon the su! wyers, many severe things were said of that ee mea nad sett practices thoy are often guilty of. But a grave gentleman replied that it was far from an cquitable proceeding to candemn tho whole for the faults of some, since he personally know several worthy men of the profession who constantly en- deayoured to compose differences, instead of promoting strife; and repeated to us “The Portion of a Just Lay ‘a +" Whilst he lives, be is the delight
court, the ornament of the bar, a pattern of inno- the glory of his profession, a terror to deceit, the le of his country; and when death calls him to the har of Heaven by tlie de habendo corpus cum cawad, be
a!
“Iwas mightily delighted with the whim I was shown ri despa this capital ; though it
LAWXERS GENERALLY. 7
with this motto: ‘Tam the mau whe went to law and Bot ;
leading.
ishod what they hnd to say, it King’s satisfaction, that he cried caso, wns going, whon somebody tw atay, sir, and bear the other side,’ He did 40, and the defendant's party made their case no lous plain to His Majesty's conceptions; whereupon the ‘monarel departed in & passion erying, ‘Rogues all! rogues all!’ The late renowned Cenr, Poter the Great, being in England in term-time, and seeing multitudes of swarming about the Groat Hall wherein are held the three superior Courts of Judicature, ix to have asked some about him who all those buay people were, and what they were about. Being answered, are lawyers, sir’ ‘Lawyers! retuned he, with great ages of astonishment, ‘why, I have but two in my whole inion, and 1 design to hang one of them the moment I got home !’”—Fog’s Journal, 1737.
LITIGANTS AND LAWYERS,
Hodibras with masterly skill and humour states the old, old story of litigants and lawyers:
Hoe that with injury is grieved, ‘And orton acto Satered 0
Te but to squander more ix vai.
For bai Tost the bear defendant: ‘And plaintiff dog should make an ond on'ty ‘Do atave and tail with writs of error, Reverso of judgment, and demurrer,
Ho etd rete eve, and th ‘whoop, and set thera of again : ‘At ant with subtil cobweb hen
‘Theyrew caught in knotted law, Wk nat,
t Misticde sik eakek Wow oa ccatetved tense cso al. his work: To replied: “T do one third of i; another third docs itaalf; and T don't do the roniaining Ghind.”
Lord Thurlow was once asked how he got through his sa pepe pega He ayy eeted just asa pi eb gets through a horsepond: he muat get through 2”
COMPARATIVE LEARNING OF LAWYERS,
Serjeant Hill's opinion was asked by Nichols, whothor Sieiste canisn coed cs Rig #'No.” was the answer; “everything which Dunning knows, he Knows accumtely; bat Glyn knows « great deal more.”
Glyn wes ropated ho beatsoad lawyer in West: minoer Hall, and took leading part on Fox's Libel
LAWYERS AS TRIOIERS
Sir James Mackintosh, when speaking of “the versatile Nicene Saaiee ne and hai, to at unhurt through all the forty years of a revolutionary
"soya, ~the aces Ue Winchester, the Lord por, who had ‘Hoory VIL, and retained office under every intermediate till he died in his ninety-seventh year, with the staff of Lord Treasurer in
Species le more
was excited in his own time by William Herbert, whom Henry VIII created Earl of Pembroke. Ha’ followed all the fantasies of that monarch, and obtai from him the dissolved monastery of Wilton, he was a keen Protestant under Edward VI, and one of
UAWYERS OPNERALLY. ~
Mary having estar Von tran be ai Mary having restored to the nuns, be is said to have ved them “cap in hand;" but wh
‘Were suppressed by Elizabe ‘or drove thom but of tke
‘ing them an ‘ees which implied their constant breach of the er had taken.—3 Mackintosh’s Hist, of England,
POPULAR PRESUDICK AGAINST LAWYERS,
Tn 1450 ae Cade’s rebellion broke out, which was the Chancellor and all concerned
‘ing in dispersing thom by sen “lia pardon and setting Pat ent which was earned pie ct Bat M: Pete al ah on to the dis) the le towards the right Her beats tira eee i hter of the Duke
York, the rel heir erie s daughter of Mortimer, at for which thers was now ‘opportunity, froin the intellectual wens vot the King,—from the extreme pearoplartey the Queen, whose private character was open vo nou and who ge considered a devoted partisan at France,—from the loss of the forvign possessions which had 80 much flattered the pride of the Ren lish nation, — aye ‘the } areal Ate et ate ‘the al ann) Lehi the reigning. 1y,—from the ener popularity of the tg himself—and from tho SOUT tho resources of hix numerous adherents, of the rival houses boing debated in tho cia Caen the od jite Tomes there plucked ‘Decame the opposing emblems; and men took different
if z F
10 CURIOSITIES OF LAW AND LAWYERS.
kides according their lice, and ter cee Camp. oe eek ied
The Chancellor, at Ge pe Aaa! the ae ‘of the abborrod capitati in the rebellion whieh it excited was oy fat ei John Ball, the famous seditious preacher, reeset bitterly against him eee, and, in referenes to aristoonslic oie, the
lines wore made which, Humo says, “ in spite of lien, wo cannot but regard with some degree of Spprol
When Adan delved sed Evo sran,
‘Where was thea the gentlernan
‘The army, or rather mob, 100,000 strong, under Sieg and Straw, eee taken post at Blackheath, and cerry | estruction—mors especially to lav amyers and who aa to pe been instrument satay iees the the ta, re feist the demands for its repeal, the foge in the Tower of London. They or kim ti tines attacked his fortress, and it being es defended, led, they soon stormed it, oy instantly him, and di him to Tower Hill, with the Goclared intention of executing him there as a traitor To this extremity be displayed great cou and con- stancy, and, addressing ‘de mynltitude, reminded them of his eacrod ebaractor, and tried to rouse them to some senso of justico and humanity, All these appeals were ineffectual ; after many blows, his head was struck off, and his dead body was tronted with barbarous indignity. _ In the riots of 1780 a similar spirit was displayed, and was Inid to the Inns of Court with the intention of exterminating the whole moe of lawyers, that “the skin of an innccent lamb” might no longer be converted into fan indietment.—1 Camp. Lives of Chane, 283.
DOCTOR COW-HIEEL, THE CIVILIAN. Cowel, author of the Institutions and the Interpreter, was an eminent civilian in bis day, and during the con-
test between the civilians and the common lawyers he was the champion of the civilians, and countenanced by
LAWYERS GENERALLY. 11
James I, A grent orucle of the common law (Coke) was leased in derision to call him Doctor Cow-heel And aller in his “ Worthies” remarks of this nickname: “a
Sbeeryes thas “any fghted Cowdl’e boole who used ih ih baog questionable whether 18 gave more Safocmadler Teimonce TDL igUae bSenoh eran chatyéa pon ts,
that he made the king to have a double Ba coca the ——— i wi
one limited by law, the other unlit’ ‘ich Le | eeophiined of in Parliament, his book was called in an
TRE OLD STIDER OF THE LAW.
‘The Karl of Hardwicke (Lord Spiele) and Lord Holland, though seney in pete together, seldom agreed in any measure, and not unfrequently opposed each other's Talla from mere pique. Lord Hardy eke had cepa a bill of Lord Holland's, when Mr, Fox, in the ipper House with some acrimony. Mr. Fox, in com- menting on a private bill of Sir F. Delaval to enable him to sell an estate for the payment of his debts, threw out the following sarcasm on the Chancellor: " But where am Tgoing? Perhaps I shall be told, in another place, that isa Tinney bil, and shall be contravened upon this How it can be vo, I know not, But this I iow, that, touch but a cobweb of Westminster Hall, and the old spider of the law is out upon you with all his younger vermin at his heels."
LAWYERS ABUSED IN HOUSE OF LORDS.
When Lord Hardwicke's Marriage Bill was in the House of Commons, Fox, afterwards Lord Holland, saying that one clause gave unheanl-of power to parents on the marriage of minors, proceeded to lay open the chicanery and jargon of the lawyers, and the pride ot their mufti, nd drew # most severe picture of the Chan-
under the application of the story of a gentle roman at Salisbury, who having a sore leg sent for = country surgeon, pronounced that it must be cut oft
12 CURIOSITIES OF LAW AND LAWYERS.
lf capes ake, Me bmit to the operation, sent Bavthior rhare mérefal; who mild ho could’ save her leg wrthout the lest operation, ‘The surgeons con-
Lords Mansfield, Camden, Loeghborough, Ashbarton, and Grantley, once having taken part in a discussion in ‘the Hoase of Lords, on a bill to disfranchise Cricklade for bribery, Lord Fortescue broke forth and bowailed the degraded dignity of the House, lowered and tarnished by fs profasion of lawyers, It was no longer s House of Peors, be mid, but o mere court of law, whore all the wolid honourable principles of trath and justice were sbamefully sacrificed to the low pettifogging chi and quibbles of Westminster Hall That once venerable and august meembly now resembled a meeting of
sin « Cornish Court acting as barristers; the
olwtructive course by these obecrvations; yet notwith- standing all his efforts, the bill was carried.
‘MORE WITS AT LAWYERS.
The sprightly Howell wrote in 1685; “Law is not only a pickparse, but a . You know the say- Say ny fave i Franca” Transdated it meana; ‘The oe clients are the birds, Westminster Hall the field, the judge the net, the lawyers the rats, the attorneys the mico of the Commonwealth. I believe tho saying was ney es a client. For my part, I liko his reso- Tution who said he would never use lawyer nor physician ba upon urgont necessity. I will conclado with this thyme:
Panvre plaidear Vai yar needs ta doulenr”
LAWYERS ORNEBALLY, 13
CORBETT'S HOMROR OF BEING A LAWYER'S APPRENTICE
“Gracions Heaven!" exclaimed William Cobbett, who preferred enlisting as a common soldier to legal occa- wer “if Lam doomed to be wretehed, bury me beneath
fceland snows, and let me feed on blubber,—streteh me under the burning line, and deny me the propitious dews, Fran tes it be thy will, suffocate me with the infected and pestilential air of a democrat's club-room; but save me, whatever you do, save mo from the desk of an attorney)"
HOW A SERJEANT WOULD LEARN TO BK A FRIAR.
Lord Chancellor Sir Thomas More in his youth wrote & ballad on the following story, then current: A serjeant was employed to recover a sum of money from a spend- thrift who had taken sanctuary in a friend's house, whero he confined himself so closely that tho bailiff found it impossible to arrest his prisonor, and the creditor to obtain hix monoy, At longth it occurred to the serjeant to disguise himself as a frins, and Es this means to gain access to the object of his search, Ho did 90, and was suc~ cessful. He dismissed the maid who ushered him to the room where the intended prisoner remained. The terjeant then disclosed his mace, aud claimed his prisoner, who resented the base advantage taken, culled him thief, and belaboured him; so that’ they fought and tore each other's hair and clothes, and tumbled and yelled. The r and maid had to return, who took the part of the debtor and kicked the serjeant out. The ballad has this stanza: ‘Wise mon alway adirm and oe beat nf onch was my tly for to a ae Wises ar he ean, Be to ent Another facultio, a ie A man of nw that nover eaw thee tel a and sell, on feouug murehar T pray God spod him wall,
14° CUMIOSITIES OF LAW AND LAWYERS.
Thia tallad Sir Thomas More wed to xing at the table Sf-Arehbbhop Morton ‘with great applexise.—Wood's Athen. Oxon,
MORALITY OF LAWYERS AND PREACHERS.
shane, sermon in Ireland, and stamens ty sisters ny the ja ‘He had in his sermon considered the ase Sa eee eee ee rather hard on those as ae lead causes which they know in their consciences wrong. When dinner was over and the wine esi, a y sollor retorted upon the Dean; Peon fesse contentions, the counsellor atitne| - ae he devil was to die, I'm suro a parson could be found who for a, little money woakl aa his funeral sermon.” “Yes,” said Swift, “I wi gladly be tho man, and I would then get the devit Mee die, just as I have this day done with
THE LAWYER'S RELIEF IN CAPITAL PUXISHMENT,
In Mh it was said that meeting of lawyers, at Lord
i id's, in — to st jolie ee the ol , Which had become “ 20 vei
Haan i soure La 1 to rato the mo dangerous juences. ib was termin at Ly Ineeting that nothing short of capital punishment was iSee bf dota pecivcas rons tho conseaeaion of this erime, and it was agreed that» bill should be prepared to make Ltn iran Rona of justice, etc, a capital causes punishable death."—17 Lady's Magazine,
THE LAWYER'S HATRED OF CHANGE
North gives an instance of the lawyer's absurd attachment to mere forms, In his days the Court of Common Pleas used to sit in Westminster Hall, close to the great door, in onder that, suitors and their train might
pass in and out. Wie ri leper thin mtistion wan feed e it was proposed to move the court finttior Yak fo toa warmer place. “But
LAWYELS GENERALLY. 16
the Lord Chief Justice Bridgman,” ssys North, “ would aad Desi ie eta a ets Charta, which says the Common Pleas shall be held in certo Loco, or in & certain place, with which the distanca of an inch from that place is inconsistent, and all the pleas would be coram non juice, That formal reason hindered a useful reform; which makes ine think of Erasinus, who, having read somewhat of English law, said that the lawyers were doctissimum genus indoctiesimorum kominum.”
One of the most extraordinary reasons which any lawyer has alleged against effecting law reforms is that assigoed by the Chancellor d'Aguesseau. He was once asked by Duke de Grammont whether he had ever thought of any regulation by which the length of suits and the chicanery practised in the courts be termi- nated. “I had gone so far," said the Chancellor, “as to commit a plan for such a regulation to writing ; but after Thad made some progress, I reflected on the great number of advocates, attorneys, and officers of justics whom it would ruin: compassion for these iad = fall from my hands, The length and number of
wauits confer on gentlemen of the long robe thoir wealth and authority: one must continue, therefore, to permit thei infant growth and everlasting endurancs,—
Butler's Mem.
ee
16 CURIOSITIES OF LAW AND LAWYELS,
CHAPTER IL. ABOUT JUDGES. JUDGES SLOW AND SWIFT.
faving fedguent and’ quick optic that he voded jai nt and quick des; , tt ie en Tice ce Deartog: but of mabe, who was dull, slow, and dilstory, that he heard them without end — Cand, Soc. (No. 3), 65.
Tt was sald of Lord Eldon that he never da suitor or perverted a principle. “I to think,” said Sir Samuel Romilly, after the erection of the Vicw- Chancollor’s Court, "that the tardy justice of the Chan- cillor is better than the swift injustice of his deputy (Leach V.O.)"—Romilly's Life.
SLOWNESS OF JUDGES,
When Sir Thomas Plumer was made tho first Vico Chancellor, Sir William Grant was Master of the Rolls, on whose retirement there stood five handred causes entered on the Rolls List. People accounted for this, notwithstanding Grant's despatch, by saying that causes had been set down at the Rolls for two reasuns—one Leing, that Grant might hear them ; and another being, that Plumer might not hear them. Plamer was #0 prolix and tedious, that he and Eldon together were hit eff in tho following epigram :
To couse delay im Lincoln's Inn, His Lordships judgments er beg i n, ‘His Honour's never end.
‘Vico-Chancellor Sir John Leach was as much distin-
AuoUT JUDGES. ag
Se justice” a8 Lord Eldon for endless y and their its were celebrated as follows:
ii i, court there eo xtc inlet
ice, ‘The first from 2idon’s virtue The lier from seis
A JUDGES PROMXUTY,
Sir Thomas Plumer was the first Vice-Chancellor appointed under the Act of 1813, All his urbanity was unable to overcome the dislike the groat leaders of the ‘bar had shown to the project of creating his court, His judgments were prolix to an insuffarable dogres, dis-
Jearning, and (what is even more rare) ‘attention to the facts of the case he had to decide, Their diffuseness detracted much from their offect; yet his jad were exceedingly forcible, though familiar in ic. In the well-known caso of Cholmondeley v.
i be is said to have expressed himself after this wise: “ Testator says to himself, ‘I'll have the right heir ‘of Samuel Rolle, and be he male or be he female, he's the man for my toney |"
‘Hoe was unable to command the regular attendance of aban. His usher, it has been said, might often be seen
about, even among the juniors, asking for em- ployment: Pray, siting ‘ba se any thing to move? pe ‘bring on anyt! ne fonour 1"—2 Law Me Lawyers, 85, “
4 JUbor's sWwirT INvUSsTICK.
Sir Johu Leach, though by no means deficient na a lawyer, bad « reckless, slashing way of getting Ukrough Iscaeeie-whith’ “often wrought great: injustice. In. thls ie tho Chancery Court, presided over by Lord
| ) formed a strange contrast with the Rolla Court | under the direction of Loach, The first, the lawyers | sed to call tho court of Oyer sens terminer, and the | 2
a
ig ho) arewer
PS f3es
spread to taxed with
aa the parties be said he ote etds of the “y ta'anced he
ABOUT JUDGES, 19
cases by the dice, he gave three reusons, First, because it was decorous and acemly to keep them; secondly, he used to turn them over au and toss them about as a healthy bodily exercise ; and, thirdly, he kept them so
Iucid reasons convineed his censors that he was about as efficient as his neighbours in his day and gene- ration, which was about the year 1545,
THE CASE OF HALKERSTON's cow,
‘A tenant of Lord Halkerston, a judge of the Scotch Court of Session, once waited on him with a woeful and said: “My lord, I am come to inform
THROWING STONES At JUDGES,
Judgo Richardson in going the Western Circuit, had a “great flint stone thrown at his head by a malefactor then condemned (who thought it meritorious and the way to bo a benefactor to the Commonwealth to take away the fife of m man so odious), but leaning low on his elbow in a lazy reckless manner the bullet: flow too high, and only took off his hat. Soon after, some fiends congratulating his deliverance, he replied (as his fashion was to make a
jest of everything), “You see now, if I had boon an up- fight judge (intimating his reclini , Lhnd been Fear Son (No neem Beery
20 CURIOSITIES OP EAW AND LAWYERS,
‘A JUDGR'S AFFECTATION OF RECLUSE MANITS.
“When I was Chancellor,” snyx Lord Bacon, “I told Gondor, the Spanish ambassador, that I would willingly forbear the honour to get rid of the burthen; that 1 had always a desire to lead # private life.” Gondomar an-
be would tell mem tale: “By Jord, there was once an old rat that would needs leave the world ; he acquainted the rats that he would retire into
Sasa anf print Ria days fo. eolitoda; ara commanded them to respect his philosophical seclusion. They for- bare two or three days; at last, one hardier than his fellows ventured In to eee how he did; he entered, and found eels ig gemma rich parmesan cheese!" — 's Apophth.
A JUDGE KEEPING FINE COMPANY.
Sir John Leach was not only a clever lawyer, but also # fine gentleman. He was by no means unknown in the ‘West End, and was always esteemed a desirable acquisi- tion at the card-tables of venerable dowagern He was (if the phrase be allowed) always courtly in court; and aloogh i itt th always did so in accents most suave and bland. No sub-
the evening, The the court then ted, G3 wttranige soning ft forthe Bist tine, wicat Lave: boss very absurd; for when hi r had taken hin scat, two large fan shades were in such a position as
who was addressing the court had finished, and resumed his seat, there would Le a painful pause for a minute or two, when at length, out of the darkness which sur- rounded the ebair of fastice, would vote a voieo, distinet,
Apotr supers. 21
awfal, solemn, but with the ee suppressed anger, “The bill is dismissed with costs.” No explanations, no long series of anguments advanced to support this eonelusion—the decision was given with the air of a man who knows he is right, and that only folly and villany eonld doubt the propriety of his ju t.—2 Law and Lawyers, 90.
A JUDGE ALWAYS ANTICIPATING AND JUMPING TO CONCLUSIONS,
“Sales Finite eS argument by the remark, “Mr. Corran, we r cloverness, but it's quite in vain for you to go on: Yate the drift of it all, and you are only giving yourself and mo unnecessary trouble.” Ono day, Curran being too often stopped in this way, thus addrewed the judge: “ Perhaps, my lord, I am straying, but you must impute it to the extreme agitation of my mind. I have just wit- nessed 0 dreadfal a circumstance, that my imagination haa not yet recovered from the shock.” The judge was all attention; “Go on, Mr, Curran.” “On my way to court, my lord, as I passed by one of the markets, I observed a butcher proceeding to slaughter acalf, Just ag his hand was raised, a lovely little child approached him unperceived, and, terrible to relate—I sec the life-blood galing ont, atill—the poor child’s bosom was under the
er's hand, whon he plunged the knife into—into—" “ Into the bosom of the ehild !” eried ont the judge with great emotion, “Your lordship somotimes anticipates— it went right into the neck of the calf!”
JUDGE READING NEWSPAPERS ON THE BENCH.
Lord Chancellor Hardwicke used to declare thar “he did not take his placo upon the bench to write Jetters to his correspondents, or to read the newspaper.” Lord Campbell obscrves that this last practice has oceasionally been carried to an indecorouy and incon- venient length, A glance at a penibeper may be
JUDGES WRITING LETTERS ON THE BENCH.
After Sir Samuel Romilly and Mr. Leach bed gone
over the arguments in cases before Lord Eldon, his
ceased to be engaged, although he seemed to
In reality, he was writing o gossiping Jotter to
Pea Tima itcit varetios oer, abn nal Wa le ‘occupation very ,
pet faBave) wanted dor for it,—Jaying
psec to his sonl that whilo be wax
on bene, and counsel wero speaking in his
ho could not be accused of noglecting his duty —
Chane, 622.
gue a
E eR
A LORD CHANCELLOR WAITING IS LETTERS ON THE BENCH,
Lord Brovgharm’s habit which caused him the greatost was writing letters while be was sitting on tho and supposed to be listening to arguments from
the bar. Hoe did not resort to the art of the wily Eldon, who, when writing letters in court to his private friends folded tho paper as if he had been taking notes of the
ALOUT JODGES, 23
t. Lord Chancellor Brougham, above all dia- guise, many times in the course of a morning would openly receive letters on the bench, read them, and write, seal, and answers, meanwhile lister to the counsel and asking ea estions, tele te was to that vor tulant though Laos a eaaelie, fund able counsel Sir Kdtvaid Sugden (after wands Lord St. Leonards), who tried to correct it, but was unlucky on the oveasion which he took and method he employed for that purpose. As the moat Guankadl nil atfeorvaliotinition od Bis; dlaplaanura; Ne suddenly stopped in the middle of & sentence while the Chancellor was wri After a considerable pause,
A JUDGE NOT LISTENING ATTENTIVELY.
Sir W. Pringle, a Scotch ndvocate, was apt to be
fe when he pehonga one of the judges did me
ten to Hun proper pery, One day, before Lord Forglen, he
6 Opponent, among other objections,
on een ly, that notice bad not been
posted on the wall, which was the mode of
ering Lg dee notice at that time, Sir Walter replied to all
the objections with accuracy and spirit, but took no
ae of the trifling point of form about the notice,
Porglen said, “Sir Walter, you have argued your
pal well, bat what do you say to tho wall?”
"Indeod,” said he, “ my lord, I havo been speaking to it this half-hour,” and otf he went in # great passion,
— A case,
‘Mr, Andrew Balfour used to say of Lord Kames as nave Ho has tho obstinacy of a mulo and tho harlequin.” '
a CURIOSITIES OF TAW AND LAWYERS.
A JUDGE IX CONSULTATION WITH HIS DOG
One day when Curran was arguing in the Irish Court of Chancery, the Lord Chancellor, Clare, a deter. mined enemy of that counsel, Frought a Nowfound- land Seg. m the pace Bea ihyee Cl ee progress argument he lent his car to the mither than the ae which struck the whole bars
i indecent, At one im; it 0 the Ie peo. ole 4 snore meee ‘Curran mrpes ot once. jo on, go on, Mr. Curran,” said Lord Clare. “Ob, I beg a thoumnd pardons, my lord; I renlly took for granted that qos lordship was ‘employed in consultation."—Phillips’ Curran, 14%,
A CHANCELLOR TEARING UP PAPERS WITH STATE SECRETS IN COURT.
What completed the ruptare between Lord Chancellor
am and the Tires newspaper in 1834, and made
it irreparable, was his carelessness in allowing to come
to the knowledge of the Times the following "secret
and confidential” letter he received one morning when
sitting on the bench in the court of Chancery in jincoln’s Inn Hall —
Dear Brovgham,—What 1 want to eeo you about is the Times,—whethor we are to make war on it, oF come to terms. ‘Yours ever, Atrnone,
This Lord Brougham read during the argument of « case in the Court of Chancery, answered immedintely, and tore it up, throwing away the tx. These fraginents were picked up bys shorthand writer, put together, and carried next day to the office of the Zisnes, It so happened that this very day some information which the editor nsked froin the Government was abruptly refused. The inference drawn was, that by the Lor's advice a determination had been formed by the Government to make war on the Times, and the Times determined to make war apon Brougham,
ABOUL JUDGES. 25
sparing for w while at Jest the main boil, of his colleagues, Accordi while a ‘Buy was given to Lord Melbousiea ‘Governments o pes ob bltoes attacks began upon the devoted Chancellor—8 Camp, Chane, +42.
A JUDGE WHO WELL THCAME THE CUSHION OF THK PLEAS,
North, in his Life of Guilford, thus deseribes Sir M. Hale when Chief Justice of the Common Ploas ; * He decame the cushion exceedingly well, His manner of hearing patient, his directions pertinent, and his dis~ coursey copious, and, although he hesitated often, fluent. His stop tor a word, by the produce, always paid for the j und on some vceasions he would ubler sentences heroic. He was allowed on all hands to be the most wyer of his time; and be knew it, But that did not serve him ; he would be also a profound phileso- pher, naturalist, poet, and divine, When he was off the seat of justice, his conversation was with nono but Hattorers, This great man was most unfortunate in hia family; for ho married his own sorvant-maid, and then for excuse said thero was no wisdom below the girdle. AJL his sons died in the sink of lewdness and dobauchery, ‘Although he was very gravo in his own. person, he loved the most bizarre irregular wits in the practice of the law before him, most extravagantly. And, besides, he was the most flattorable creature that ever was known; for iguation to. him, and treating him with little meals, and private, with his pipo at ease, which certainly captivated him, So Sir George Jetivies gained ie an asrendant in practice over him as ever counsel had over a judge, In short, to give every ono his due, there was in him the most of learning and wisdom, Joined with ignorance and folly, that ever was known to colncitle in the character of any one wan in the world.”
A WARY JUDO,
Whon Sir John Fitslames was made Lord Chiet Justice by Henry VIII, Chancellor Audley was anxious
26 CUMIDSITING OF LAW AND LAwYEns,
paticaiin\ Spinicnait whether Ure Sndiokioent. of lr T. More were sufficient or no. To whom oar jud;
1m my conscience insufficient."—Fuller's Worthies.
A CAUTELOUS JUDGE WHO WAS FREE FROM TREPANS,
sagacions and cautelous, and not apt to give op thes ; for he entered not into promiscuous nor dealt in the
passed by, saw a couple of fellows stand in the which mado him think of eavesdropping. And being entered, the gentleman came up to him, and said," My my pamo is Claypole.” His lordship instantly knew to be (as he was) # descendant of the once Lord Claypolo, ono of Cromwell's sons-in-law: and then turned round upon his heel, and passing his two eaves- droppers, who were come nearer the door, went to his company and merrily told thom what a vision be bud ween, What his counterfeit lordsbip’s business was could neither be known or guesed at. But in such cases being alone with any person, that person is master, and may swear
his ploasure.
— MERRY ENOUGH FoR A JUDGR.
eminent; when a ji moreeminent; when no idge, mont eminent. This last allusion was to his bei: ‘ousted of his as Chief of Exchequer sbout
‘the illegality of ‘the loan. When he left the bar, his
Abour goneRs. 27
temper was great] ed for the better; and Faller says, in his Worthien” that he was most passionate ag Sir John, most patient as Judge Walter, and hia gravity in that place. When Judge Denham, his most upright aud worthy associate in the Western Circuit, once said to him, “My lord, you are not merry!” he replied, “Merry enough for a judgel"
THE SLEEPING JUDGE,
Sir John Doddridge, Justice of the King's Bench, who died in 1628, was called tho sloping fadge. Fuller says in his “Worthies"; “He was commonly the sleeping judge, because he would sit on the bench with his eyes shut, which was ouly « posture of atten- tion to sequester his sight from distracting objects, the better to listen to what was allogod aot proved.” Fuller farther says, that it was hard to say whether this judge was better artist, divino, civil or common Jawyor, though he fixed on the last for a profession, He became noted for exclaiming against the vonal and corrupt practices of his day; and he used this famous expression: “That as old and infirm ax ho was, he would go to Tyburn on foot to sve such a man hi that abould proffer money for a pluce of that nature.” Sir John was obviously an advanced thinker for his own day and genoration.
4 JUDGE WITH LEAD IN 16s HEAD.
A very prosy judge was laying down the Jaw at ine ordinate length to a jury on circuit, and remarking on the evidence of a witness who had spoken to secing the prisoner steal some copper. The judge, who was con- tantly ealling tho metal “lead,” and on each occasion was corrocted by counsel, said, “1 beg your pardon, (atonal but I can’t get the Jead out of my
1” The whole court laughed at this unconacious
sally, and kept up the laughter rathar too long, which ere ard De jocexs “
28 CURIOSITIES OF LAW AND LAWYERS.
A JUDGE WITH ELEVEN SONS AND ELEVEN DAUGHTERS,
eee ere eee King’s Bonch in the time of Henry VIEL, made his name memorable for his it le had eleven sons, of whom four He had also eleven daughters, married to tho eee nt families in Devonshire, “so that (what is said of Cork in Ireland, that all the in- rece therein are kin) by this match almost all the anciont gentry in that county are allied." Fuller in his “ Worthies " anys : “There was a tradition in this ae that the lady the window at Nimct Bi: her husband's ‘at the term in London, ot
aod called him * Counsellor,” and “ apprentice of the law.” He bought books with the fees they gave him for advice. came out of prison a sharper at the law, having prevailed om his creditors to such an extent that they thought he would ane th arin do debts 1 reeges kiss oat. He was called and became
anour JUDGES. 29
A HIGHWAYMAN BECOMES A JUDGE,
Aubrey relates of Chief Justice Popham thus: “For severall yeares young Popham uddicted himselfs but little to the studic of the lawes, kept proflignte company, and was wont to take a purse ihe them. His wife considered her and his condition, and at last ed with him to paid another ie and to stick ie om studie of the lawe, which, upon her importunity, he did, being then about thirtic yeans old. He 9 ke to his wife to provide a yery entertainment for his comerades to take his leave of them, and after that day fell extremely hand to his studie, and profited exceedingly. He was strong, stout man, and could endure to sit st it day and night; became eminent in his calling, had good practice, was called to be a serjeant and s judge.”
This we certainly know, says Lord Campbell, that he became & consummate lawyer, and was allowed to be #0 by Coke, who depreciated all contemporaries, and was accustomed to sneer at the "book learning” of Francis Bacon. He was notorious as a~ hanging judge.” Nob only was he keen to convict in cases prosecuted by the Government, but in ondinary larconies; and above all in saga robberies, ther was little chance of an acquittal
re him,
CUALLENGING A CHIEF JUSTICR.
Moore anys that Elwyn mentioned to him an ancedote of Lord Byron having onco taken a challenge from to Chief Justice Best, on account of the latter having saidrthat’—— was a griat rascal. “I confé, may lord, did say that —— was a grent rascal, and I now re} the assertion to your lordship. But are you aware, led Byron, (he added, luughing,) of the eonsequences you exposé yourself to by bringing a challenge to a Chief a alee i ey soon to ea the ridicule of the step, and they parted very good friends, leaving ——'s honour wo shitt for itself.
Moore says he afterwards mentioned this story to the Attorney-General of 1820, who doubted it, but’ advised
30 CUMIOSITIES OF LAW AND LAWYERS.
him to write to Best, who would be good-humoured, and would give an aaneie=Modegs Meare J
HANGING JUDGES AND THEIR REASONS,
Justice Ball ia always to hang for sheep sting. mowing a eon ha J
rating of felons in this life, and for their own sake, as well ns for the sake of society, [ think it is better to hang.” sitting in the Crown Court at Gloucester, B witness from what part of the county be being anawerod, “ From Bitton, my lord,” he Ph ek ord Autre ight. nged the whole of that pari ago."— Camp. Chanc., 154. =
MORE HANGING JUDGES
Tastice Page was well known by the name of the
ing judgo. One day Crowle, the punning barrister,
was on circuit, and being asked by a if the judge
was not just behind them, at once replied, “I don't ij but I am sure he never was just before.”
Whis this old Judge. was decrepit, he pecpetrated an excellent joke uj himself As he was coming out of cyt ling long end yl hi and gaia
is ith, * lear sir," tho ju ied, ** iparissplanclonph ing on
ing on—hanging on Counsellor Grady, of the Irish Bar, said he beard of a relentless judge who was known by the name of the hanging Judge, and who was never known to have shed a tear but once, and that was at a representation of tho Boggars’ Opera, when Macheath got a ropricee /
ABOUT JUDGRS. 81
Tord Kenyon was not such a“ hanging judge” as some of his colloagues, A barcister once related the following be in a debate in the Honse of Commons :— “On the Home Circuit a see Gippae was tried for forty
stealing to the amount of f ‘lings in a dwellings house. Tt was her first offence, and was attended wit! many circumstances of extenuation. The prosecutor came forward, as he said, from & sense of duty; the witnesses very reluctantly gave their evidence; and the jury still more reluctantly their verdict of guilty. ‘The 7 vised sentence of death. The unhappy prisoner instantly fell lifeless at the bar. Lord Kenyon, whose sensibility was not impaired by the sad duties of bus
cried out in great agitation from the bench, “I don’t mean to hang tae good woman —I don't mean to hang you. Will nobody tell her I don't mean to bang her
A HANGING JUDGE romED.
When Hone had been acquitted on his Grat trial for tape ete this was related to the enfoebled Chiof Justice Kilenborough, the judge's energy was revived,
ho swore that at whatovor cost he would proside
in court next day himsulf, so that conviction might be certain, and the insulted law might be vindicated. lingly he appeared in court pale and hollow- ‘iecrgoe oo with a spirit anbroken, and more stern than when his scengih was unimpaired, As he took his place on the bench, “L am glad to see you, my Ellenborough,” shouted Hone; “I know whnt
you are come here for; 1 know whut you want.” “I am come to do justice," retorted the noble and learned Jord; Many only wish is to see justis done.” “Is it not rather, my lord," said Hone, “to send a poor bookseller
32 CURIOSITIES OF LAW AND LAWYERS.
to rot ina dungeon?” The Chief Justice had the morti- fication to hear the words “Not guilty” pronounced, followed by a tremendous burst of applause, which be could not even attempt to quell. Bishop Turner, who was at the trial, und accompanied the Chicf Justice in his earringe, related Seats eee
popal Lo he
was iain trial, and he certainly never held public after.—3 Camp. CJ.a, 225.
version is that the article was not ” herring,”
Dat * black pudding," which was obviously a much moro natural diet for a hanging judge. 3
TUSKS OF A HANGING JVDOR,
aad ssys that Sir Miles Fleetwood, who was Re- corder of London when James L. came to England, once od the City merchants to this offect: © When I consider your wealth I do admire your wisdow, and when T consider your wisdom I do admire your wealth.” Sir ‘Miles was also notod for being a severe banger of high- waymem, so that the fraternity resolved to make an of his worship, So they lay in wait for him one day not far from Tybarn, as ho was on his way from bis house in Buckinghamshire, They had o halter in readi- new, brought him under the gallows, tied his hands be- hind his back, and then left him to the merey of his which hecalled Ball. Bat the good horse ‘stood stil instead of running away. So Sit Miles was saved, for somebody soon came the road snd released him, and oat of gratitude to Ball he kept that horse as tong as
4 JUDGE UNEASY AT SENTENCING A PRISONER
Justice Willes about 1780 sentenced a boy at Lancaster to be hanged, with the bope of reforming him by frighten.
ABOUT JUDGES. him, and he ordered him for execution next.
awoke in the middle of the night, and icy ion night, and wax #o
of = and the ianged, thr 6 5 at Raslonic utes, Shek bo get oat it to it, and then, returning to his bed, spent the reat Uf tho-niphe very consioctably.” ia =
JUDGES AND SURE-FOOTED HORSES,
times, to the it of sy life, and many of my Hed pee ethene gee caret Mey eae oe jet, and a great favourite, so that I continued to ride him, till one day I met Campbell as I was dis- mounting at Westminster, who said, ‘ is a nico horse is have Chief Justice.’ T answered, ‘ Yes, but he
como down with mo several times, and I am advised to part with him,” ‘Don't, my dear Chief Justice, eriod Mr, Attorney ; ‘Til warrant you ho ix vory wure-footed for all that’ 1 walked home, and sold the animal next morning.”—6 Camp. Chane, 139.
JUDGES’ CENSURE OF FRIVOLOUS QUESTIONS,
The last day Lord Tenterden ever sat, in court (which ‘was on the of the magistrates of Bristol)—to rebuke & counsel who wax ge berg yieoeateh renee
8 jou em mayor in o post ae od ee red with ee chan: Resi “Sir, you have forgot to ask him the colour of the jackets of the eae ell ‘Ho was taken dangerously ill the same Peri having in his delirium still dreamed of the
‘he expired with these words on his lips: "Gentle- men of the , You will now consider of your verdict,"— 3 Camp. CJix, 530,
Justice, Maule was trying a case, and was zane pers
34 CURIOSITIES OF LAW AND LAWYERS, pol
the counsel
ki at last interry; him: “I wish a telemA ey lee perhaps the best; but I am you like—alphabetical order
dow a 1 Pree qeations of the same y, Tanned
my eliont, T Hoare ti his fate in your an your bead if he be condemned.” He left the fmee with ronjestic stride, in» huff, and ‘up and
ee the court for half an a the end of lat time hin attorney rusbed out of court, exclaiming,
"Hele penta Ve ayuiied™ ‘This stratagem was wicomaful, and complacency told bis
frinpila, that hw had intended to throw the responsibility
‘of the eonvietion on the judge.
with great. wormth wid, "Aw fun rag ar tata i = pon ‘Blood be
A JUDOR REROKED POR Mts RERTKE
ant Bllonborongh prosidted at « trial of the preapeerc, for & Howayapor Libel, Mir Broogham whe made @ forvicl abiress om po bebalf. nee ie erenlny tp remarked that the defendant's, bad ii oni Woxlous spirit of his client, and bad inost <i Kimaalf with all the poison and eirus of the Hbel.
ir Hrougham, when bis client was | fou ant tne oxapoateaa of bese ae 4 why am 1 thu identified with the interests of may
ads eat super he 28 gh nove
He
JUDGE PUTTING DOUBTFUL QUEXTIONS,
i bili tote with this Se pai question for us, we don’t want it; if you put it
‘the other side, then I object, that it is not evidence!”
A JUDGE WHO WAS GENERALLY RIGHT, “Lord Mansfield,” once said Lord Thurlow, “was a surprising man; ninety-nine times out of a hundred he ‘was right in his opinions or decisions. And when once
man
criticism of Johnson and Parr ; the first of whom
him because he was not a Tory, and the second because Ihe was not a Whig.”
A JUDGE SHAKING HIS HEAD AT A PROPOSITION,
When Lord Mansfield once exclaimed to Mr. Dunning, ashe ae ae Mr. Danning, I may burn my law books!" “ Better read ready retort.
similar manson, an Tri judge shook his end a Curran was elaborating one of his points to a jury. Mandi Carmen, 71 son, goctheas the mates iSfMs lordahip's head ; cocanion cbvecrere might imogi that it implied a difference of opinion, bat they wold be mistaken. It is merely accidental. Believe mo, gentlo- men, if you remain here many days, you will yourselves erosive that when his ‘shakes Ale Read, theres NOTHING IX Fr! "—Phillips’ Curran, 57.
3 CURIOSITIES OF LAW AND LAWYERS,
KEEPING 4 WEAK JUDGE mIGHT,
‘When basiness is divided in a court botwoen two great leaders without competitors, justice may be sul administered, oe not always to the satisfaction of the losing party, who expects his counsel to make the Dest fight he can in return for his feo. Tho late Chief
diunininh his patronage. Aly lor” George IL. ono day
A JUDGE CALLING COUNSEL A “ HARANGUE”
Lord Eskgrove, a rear trate peor ie at the Scotel its his oop Se early days,
torinent lifet” “The judge's revenge, as usual, consisted in sneer
ing at Brougham's ol calling it, or him, "the i ial cieiaee tbe pes mittee
ALOUE JUDGES. 87
“Well, gontlemen, what did the Harauque say noxt? wars Stina hin” (miestating 1); "bab here, gentle
owas most plainly wrong, and not in- tellgitlet bura's Mem,, 122.
A JUDGE BLAMING COUNSEL WHO THUMPED THE TABLE.
Mr. James Ferguson, a Scottish advocate, was an clo- speaker, and used to be very enengetic in his Sire owatiaally ly beating with violence @ table, in eee to clinch See ae day he va arguing a ease before Lord Pol met wi ar, When thes Indes col interrupted him with this callous pomark : & Jormy, dinna dant: ye may think ye'rs ony ‘intill me, but ye're juiat dunting it cot o ma,
JUDGE TEMANG COUNSEL TO DECEADL
= Seri pense named Baird was ‘al ‘a dull, technical
casa to Lonl Meadowbank, an
ee tine“ Le aye earned judge, who was sitting
id nov please ‘hs Judge, who thought that
ae dignity required a grander tone. So he dismayed
than whom no man could havo less turn for
ate in the forum, by throwing himself rank 10 in his chair, and saying, “Declaim, sir!—why don't Gesitinat a Sa me as if I were a popular meee
JUDGE CALLING TO COUNSEL —" STOP.”
Sir C.-Creeswell, when judge, used sometimes a very haughty and contemptaous tone towards counsel, and one oe while taking dowa notes of tho witness's evidence,
had occasion to call ont frequently, as judges often do, borane to “Stop "—so that ho might have time to Meese his notes of what witnesses say, He ealled ont
80 often and so offensively, and, as was gunerally tote, ‘wonecessarily, that at last counsel went on with= ‘out attending to it. ho judge then addressed the counsel ‘by name, and complained that he went on too fast, and
38
did not give timo and asked if he di the counsel blandly retorted, “Oh, my lord, I thought your lordship had boon ealling to We usher of the coer”
A SQUINTING JUDGE,
eee ee the Rolls, and a boon com- panion of Lard Chancellor , was brought up aa an errand-boy in a rolative’s wo jean the knavish part of the law,ax he squinted abominably. Yet hie became Speaker of the House of Commons and a Master of the Rolls; but was understood to traffic in bribes; and
bled and betted heavily, When Speaker, he had to sit for six hours bearing himself abused, and then to
t the motion to the House “whether he (himself) had
ie of high crimes and misdemeanourn.” Ho was pe © House for bribery, when a wit remarked that “Justice was blind, but Bribery only squinted.”
Once meeting Bishop Tillotson, he muttered, “I hate a fanatic in lawn sleeves.” The Bishop retorted," And I hate a knave in any aleeves."
His avarice was a foible’ One day a Welsh relative was introduced to his room as he was sitting at his wine, Hance, you have brought muy cousin, Hoderck Lloyd Ry
you have it my cousin, ic] a Prothonotary of North Wales, Marshal to Peeping ete, ete, up my back stairs. Take him down inetantly, and bring him up my front stairs.” During this operation Sir John stowed away all his wine, so aa to avoid being obliged to dispense a little to bis relative during the visit,
A JUDGE GREAT AT ARBITRATION,
tinguished for his piety. Thomas Coutts, the banker, used to relate of that when o difficult case came before his lordship as Lord Ordinary, be used to say, “Eh, Lord, what am I to do? Eb, sirs, I wish you would make it up !"—3 Chambers’ Dom. Ann, Scot,
anour JUDORS. a9
A JODGR'S Wire OS THe RIGHT SIDR Whon the great case of ship money and Hampden
serious thoughts of this business, and being heartened by his lady, who was a very good and pious woman, aud told her husband upon this occasion that ‘she hoped he would do nothing against his conscience for fear of any danger ‘or prejudice to him or his fatnily ; and that she be contented to suffer want or any misery with him rather than be an ocossion for him to do or say any- thing against his judgment and consciences.’ Upon these and many the like encouragements, but chielly upon his better thoughts, he suddenly altered his purpose aod arguments; and when it came to his turn, contrary to expectation, he argued and declared his opinion the king. All the judges except Croke and Hutton wero for the king”
A JUDGE WHO WAS "THE COMMON FRIEND.”
Mr. Beaumont Hotham was appointed w judge, being thought by his contemporaries not very fit for that office, and yet he continued a judge for thirty yeans. He had had fittle experience at the bar, but had much good sense and most courteous and obliging mannera His know! of law was so seanty that when any dilficulty arose was in the habit of recommending the ease to be referred to arbitration, thus acquiring among the wags of West- minster Hall the nickname of “the common friend."
A CONSCIENTIONS JUDGE
Mr, Justico Lawrence was famed for his courtesy and conscientiousness, By « codicil to his will, he directed the costa of an action to be paid to a certain litigant who bad been defeated in an action tried before him, and on
40° —— cuntostrs or naw AND LAWYEES. which occasion tho judge considered that he had decided wrongly, thereby causing the loss,
A JUDGE WHO TURNED THE MATTER OVER IS HIS MIND.
of general 7 stro the adjournment of the debate, because weld ard Mie
is he ed in the House in his ig, a8 bis custom ied thee gra iy told the Honea of Commune tak
his pillow, and after raminating and considerin; a it, great deal, he could not help declaring that be ean the same opinion as tefore.” On this result, Charles
A JUDGE TURNING IT OVER IX WAAT UE 15 PLEASED TO CALL 8 MIND,
When Lord Westbury was at the bar, be had cecasion to appeal against.» decree of a Vice-Chancellor, and was commenting on that decroo with great scorp, and tearing it to tatters before the Court of Appeal. After having forcibly destroyed the decree, and all the grounds om which it |, Mr, Bethell added this: “And yet this profess to be a decree made by his Honour after tho iost mature reflection, and after turning it over and over in what he is please:t to call his mind!”
A JUDGE'S CANDID OFINION OF M18 BRETIRES, Baron Thomson, of the Court of Exebequer, was asked how be got on in his court with the business, when he sat between Chief Baron Macdonald and Baron Graham,
Abo? JUDOrS. Al
He replie, “ What between snuff-box on one side, and chatterbox on the othor, wo got on pretty well!"
aw that Chief Justice Marshall was in cin Wil ie iat American advocates Dexter and or Ames, The chief commenced a conversation, ‘or rather an opinion, for ho was almost solws in the dialogue, which lasted some three hours On breakin ‘up, the two latter commonced on thoir way homew: to praise the depth and learning of the chief Said Amos, after a short talk, “To toll the truth, Dexter, I have not understood a word of his argument for half an hour.” “And 1," rejoined Dexter, “ have been ont of my
for an hour and a half.”
Chief Justice's phrase was “It is admitted.”— As he was a powerful reasoner, it was often remarked, “Onee admit his premises, and you are forced to bis conclusions.”
Said Daniel Webster to me once," When Judge Mar- shall cays, ‘It is admitted, sir, so and vo,’ I am preparing fora bomb to burst over my head, and demolish all my points." —Judge Story’s Life.
A PUISNE JUDGE AND HIS curEr,
Roger North says of his brother, Lord Chief Justice ee erates eae mat sapere bet ‘ip ubout the disposal of jonotary’s which sf known to belong to the Chief Justice. Bat he thought fit to stir up his brethren to put in for a share, and there were some words and altercation passed in court about it. His lordship told his brother Atkins that “he should know here was no republic; ” and the
anawered, ‘No, nor monarchy.’ But the new officer was at Jast sworn.”
A CHIGF JUSTICN AND TS PUISNRR
A hundred years ago it was doomed a vory unusual hing for a puisne judgo to differ from the Chief Justice, And in Lord Mansfield’s time it occurred peyabia or three timex, During Lord Konyon’s time it happened
s
42 CURIOSITIES OF LAW AND LAWYERS.
only about six times in fourteen yeara Lord Kenyon treated a puisne judyo's inion uoaally. with geod contempt, one occasion be Inid down that certain
to
frud. But the three judges all differed, and
there was no fraud. When ‘they finished, the old
chief exclaimed in a huif, “Good God! what injustice have I hitherto been doing!”
A PUISNE JUDGE PRAISING HIS CHIEP,
Justice Buller was appointed a ji ‘at tho carly of + lagna “aiid wr sad iain Counsel ofter standing at the ie was a special pear pear r Id, who bse pace successor. judge pronounced this eulogium on his, soon after the latter retired »—~ thin these thirty years the commercial law of this country has taken a very different tum from what it did did before. Lord Hardwicke himself was proccedin, [teak caution, not establishing any payrel Ure ae “at ereeing on all the circumstances pr {has pertod we find that in courts pe cry ones in cary cnsee was. tirown ther they were hs Jolt generally to 2 jury, juced no general prine ciple. time we all know the great study has ee ae kcoe carters general principle which shall be known to all mankind, not only to rule the emse then under consideration, but to serve as a guide for the fature. Most of ua have heard these —— upon, enlarged, and explai plained, tll have been lost in admiration * the nd seal and ei
JUDGES SPEAKING OUT OF COURT ADOUT CASES.
_ Lord Camden said," Lord Mansfield has a way of aay- is a rule with me--an inviolable rule, never to
ABOUT JUDGES. 43
hear a syllable said out of court about any cause that cithar is, or is in thosmallest degree likely to come before meas judge.’ Now I, for my part,” said Lord Camden, “could hear as many people as choos to talk to me about their eases, it Scola sete ak bar an SOA jon on me."
ice of Lord Mansfield has been since regarded
Ptconibie that that of Lord Garden to" tle
IUDGE MIMICKING JUDGE.
Loughborough was felicitous in mimicking the welf-laudatory style of Erskinc, “The egotism of” that pleader,” says Miss Burney, “is Rereeal ‘and so happily was his manner hit, rather than earicatured, by the
said, opened to this effec Thave some right to
Ab genealogy may dispute with kings! If m;
th have time to hold out an talents—Not of these, gentlemen, I leave you to jig ournel vos {"
iand, Lord Cullen whilo at the bar was so porfect
& mimic that ho could personate all the leading counsel and every judge on tho bench, and hit off the peculi- arities of each so that overybody roared with Inughter at the performance,
A JUDGE RISING BY Wis GRaverT,
Shiel told Moor of a good thing said by Keller, an
ish barrister. Keller mecting somo judge, an old friend of his, a steady solemn fellow who had suceceded as much in his profession ax Keller had failed, said to him : “In
ae to all the laws of nataral philosophy you hava hi ity, while I have sunk by my: levity 2” Sagem a
a4 CUMOSITIRS OF LAW AND LAWYERS,
COUNSEL INSISTING ON BEING HEARD BY JUDGE
Lord Manners, Lord Chancollor of Ireland, stop Se ee ad Siang Sema 1S 0 Cisancecy elt by pay
ise your lardabip reisines to bear my learned friecst, you i bi
© into the caso, mony fore Bes Be ode elged
Chancellor next morning gave ieee in favour of O'Connell's clicnt—2 O'Flanaghan's Irish Chanc, 366,
PERFECT JUDGES
Tokyll used to any of Baron Graham's matchless good- temper and politencss, that “no one but his sempstress write bin”
Lord Bronghans composed the following inscription for tho monument of Justice Holroyd in Wargrave Church, erectod in 1831 :-—
“Sacred to the memory of Sir George Sowley Holroyd, Knight, one of the justices of the Court of King’s Bench. A agi to be ranked among the greatest mich ivaceuaeohary pales, ae pooctaate ent ie any science, but ly
to that which he pursued: a counsellor sare, faithful, and sgneious: an advocate learned, paticnt, humane: of a gentle nature, serene temper, ready, skilfal, correct: a judge Fak Bes firm: of simple and kindly manners, but of principles pare,
ABOUT JUDGES. 45
7 indlexible, en not So Fegiare in his jablie expacity loved in the private edlons erie" us
PRAISING A DEAD JUDGR
Baron Hullock died on circuit, and a brother Baron mentioned the loss thus sustained by the profession when he agrndjury next day, saying of his deconsed brother judge, “He circumscribed the occan of the law with finn and undeviating steps.”
EPETAPHS ON LAWYERS,
Pope also wrote nn epitaph on a lawyer, Mr. Nathaniol a Roman Catholic friend whom he often visited, whose coachman onee upset the poet in crossing & ford of the Thames, The poet altered this epitaph thrice, and it stood thus in the third edition: “To the momory Hn engren 1 Pigotty pares tse, possessed of the ig aracter by his loarning, judgment, experionce, integrity. Deprived of the higbet es ‘only by his conscience and religion. Many he assisted in the law, more he preserved yey Near He eevee gmardian of the poor, a lover of his country, He died July 5, 1737, aged 76 years”
Ciniths' two-2emer editions’ the! peot dimerted after the words “ barrister-at-law " these words: “who gave more honour to hia profession than he dorived from it.” Also, besides “ guardian of the poor,” he was at first eaid to be also “ guardian of property, and o servant of God."
Tn « lengthy epitaph on Judge Donison, who died in 1765, it was said, “Ho sho by his practice that # thorough knowledge of legal art and form is not litigious, or an instrument of chicane, but the plaincat, casicst, and shortest way to the end of strife.”
A GENEROUS JUDGE,
An action on an attorney's bill was tried before the Chiof Justice Sir Jamon id, and on a reference of several bills of costs being pressed, the plaintiff, an
fused. Upon this the judge facetiously doclared that rather than the cause
himself Pe 3s, td. and which he instantly did. The fis De , being ashamed of their ill-judged pertinacity, intely referred the eause gunerally to the arbitrator.
AN OVER-POLITE JUDGE,
At tho Old Bailoy it was customary to sentence the whole of the prisoners found guilty at the sessions at one time. It fell to Baron Graham's lot to perform this duty, and he accordingly went over the list with due solemnity, but omitted one person brought up for soni ir John Jones The judge was on the point of oe the nentences when tho officer reminded his lordshi this omission. Whereupon the judge ssid gue, “Ohi Tamsure I beg John Jones's pardon,” and sent him to frensportation for life!
A JUDGE INCAUTIOUSLY DRAWING ATTENTION TO 113
SHORS.
ae Rayon, who re Eon oe to Lie fis aboes uently sol |, was HP atneny ied wicing ortho, Benoit Ahab Mis aloes anal their qualities were visible to all in court. Ant action for breach of contract to deliver shoes which were soundly made was tried before him, and much turned on the quality of tho shoos supplicd. "Tho judge, by way of caything tke th or bei nrrm ng rnp ala these?” pointing to his own. witness at once repli sj bag ord ny ene ee better, and more gentecler.” (Great laughter, in which the judge joined.) IS ROYAL NIGUNESS COMPLIMENTING A JUDGE,
When Lord Bute was eee | the Duke of Gloucester at Cardiff Castle, he invited Mr. Nolan, the Chief Justice of tho Brocon Circuit, to dinner; and on
AvoUT JUDGES. aT
this being mentioned to the Duke, the latter asked Lord Bute to give him some information about the judge, 80 that he might know what tw say to him. Lord Bute said he knew nothing about Chief Justice Nolan except that ho was oe oe book on a ass ia Accordingly, when the judge was presented to His Roys fighness, the latter wb said," Oh, my lord, although I have never made your acquaintance, T know woll fale valuable book on the poor—and a very charming it isl”
JUDGES TALKING TOO MUCH ON THE BENCH.
Bacon, during his quarrels with Coke, thus lectured the latter in a letter to him, when he had been suspended as Chief Justice of England :—
“First, therefore, behold your errors. In discourse you delight to speak too much, not to hear other mon; this some say becomes a pleader, not a judge. While Pfess, aval Se FoGE Gwe elenieaoky tt. awe oii eae ordinarily equals you; but when you wander, as you often delight to do, you wander indeed, and give never such satisfaction a the curious time requires.
= Beoandly, you clog your auditory when you would be observed. Speech must be either sweet or short.
“Thinlly, you converse with books, not men, and books especially human; and have no excellent choles with men, who are the best books; for a man of action and employment you seldom converse with, and then but with your underlings; not frecly, but as a school- master with his scholars, ever to teach, never to learn. But if sometiwes you would in your familiar discourse hear others, and make election of such ns know what they speak, you should know mauy of thos tales you tell to be bat ordinary, and many other things which an delight to repeat and serve out for novelties to be
iit stale, As in your pleadings you were wont to insult over misery, and to inveigh bitterly at the persons, which bred you many enemies, whose poison yet smelleth, so Gre you still wont to be a little careless ou this point, to praise and dingmce upon slight grounds, and that somes times untruly ; so that your reproofs and commendations
JUDGE THO LOQUACIOUE
Lord Jeffry, when appointed » Juiye of the Scotch Court of Session, was distinguished for his loquaity, and it was difficult to say whether the judge or sae pl ee cout 8 ju it ol so 4s to its soundness, and whether there was a good ground. of appeal. The jadgment began in the usual frm, “The Ordinary having heard counsel,” ete, The opinion of counsel was to this effoct: “The judgment is quite right, except that it should have commenced, ‘Counsel having heard the Lord Ordinary,’ ete, otc.”
A JUDGE A PHYSIooNOMIST. "Lord Brougham told us stories of Justice Allan Park, hich are cxtruordinaril; Ne lous, He is a phy Talsh/uel ie aplivated vy peanan looks. Pips ens cause in wl a brought an action for defamation against his schoolmaster, Campbell, bis counsel, asked the
el
ABOUT IDES. 49
solicitor if the was \-lookin “Vory.” "Oh, Dopnenhies boats to inthe areca dal so be did, ‘Tho judge's oyes are always wandoring about watching and noticing everything and everybody, Ono Seaceahaitey a dog in court making a disturbance, on
ho said, “Take that dog away." The officers wont to remavo anothor dog, when the judge intorpasod: * No, not that dog. | Thave bad my eye on that dog the whols day, and I will say that a better-behaved dog I novor saw in a court of justica”—Greville's Mem,
JODGE ALLOWING COUNSEL TO TALK NONSENSIL
Tord Chancellor Macelesticld waa, d that part of his careor when he was a common law never suspected of any sort of corruption, and the cniceineaA Drought against him was of having boon sometimes rather discourteous to the bar, This, according to Lord Campbell, “ig not enough to lower him in our estima~ tion.” Lord Campbell adds: “ Although I can conceive no more striking proof of a mean spirit than for a barrister, when put upon the bench, really to behave with insolence or alee to his former competitors at the es at penta afin op aj pret to mn of discourtesy ii 1; Walang th Dutlia Le ; Jor ce of is dew i U9 soadex it eer ‘to counsol to talk nonsense !”—4 Camp. Chane., 8
Chief Justice Parsons, the American judge, was con- sidered very strong and somewhat overbearing on tho bench towards counsel. One day he stopped Dexter, % area Sy ten idle of his address to
ie jury on the ground that he was urging a point un- support by ary evilnes. “Dexter amily ohast ved “Your Honour id not argue your own cases in the way, you require ws to da "Uertaily nok” retorted the judge; "but that was the judge's fault, not mine."
‘THE DUTY OF JUDGES TO KEEY DOWN COUNSEL.
North says of his brother, Lond Chief Justice “Ho. was careful to, keep down repetition, to 4
7 Been 50 CURIOSITIRS OF LAW AND LAWYERS.
if the jui vo way to it, there would eee he of
hard for him to resume bis method, and direct the jury
of a side to specch it to the jury ty way of summing up i in such a as made them weary of it, "Thus tho abuse by fastadious
‘The same biographer adds in another passige of a like kind: “There were some occasions of his justice, where- upon he thought it necessary to reprehend sharply. As neni conical pedtectled sclaminly' tb ‘upoae’ breseade upon him, and when he had dealt plainly with them, and yet they persisted, this was what he could not bear: and 1e he used them il, it Was what became iia, and what they deserved And then bis words made d: scratches; but still with salvo to his own dignity, whi he nover exposed by impotent ebiding,”
A JUDGE MISTAKING A STANDARD AUTION FOR A
LARELLER, Erskine was defending a client against a prosecution for seditious libel, and in courve of his h quoted some
Sanco Bale, the prading Judge, who aul ewan ler, the judge, who was no defence of one libel to quote aaoles and a worse libel in support of it. Erskine immodintely turnod to the jury, and said: * You hear, gentlemen, the observation ot jis lordship, and from that obsorvation I maintain that you roust acquit my client. His lordship says that tho (work under prosccation is not so libellous as the quota-
ABOUT JUDGES. 61
tion T havo just rend. Now, gentlemen, that quotation ia from a work universally allowed to be elassical authority on the character of the British Government, It is from tho pen of the immortal Locke. Shall we condemn a ‘writer who is declared not to go the length of that great and good man?”
JUDGE FAYOURING COUNSEL
Chief Justice Parsons, the American judge, way domj- necring towards counsel. It ix anid that an old lawyer who practised before him, falling ill, handed over his canes to a young lawyer, Mr. Elijah Mills, advising the latter to « senior counsel, and also giving him a letter of intro~ duction to the Chief Justice. The judge being asked by Mr. Mills as to the merits of the different seniors, with a view to retain one, said: “I think, upon the whole, that you better not employ any one, You and I can do the business about as well as any of them." This hint being acted on, Mr, Mills turned out to be very snecessfal, and at the close of the sittings called on the judgo to pay his respects, A sonior lawyer then leaving the jodgn, on recognising the now caller, and sepa the bond of union between him and the judge, di rane this Parthian shaft on retiring: “I'm not sure, Judge, of attending court at all next term. I thinlc of sending m, office boy with my papers. You and he together will do the business full as well os T can.”
A JUDGE'S Lipnany,
Lord Campbell said that a modern deceased Lord Chancellor was said to have collected a vory soap Taw library by borrowing books from the bar which he forgot to return.—1 Camp, Chane., 226,
LORD CHANCULLON'S RUDENESS TO COUNSEL.
Tord Chancellor Joffroys’ occasional rudeness to counsel incredible. Mr, Whallop, a gentleman of emi-
‘nence at the bar, who defended the famons Richard Baxter,
: arguing against the opinion expressed by the Court upou
52 CUMOSITINS OF TAW AXD LAWYERS,
Ja ae oe said) “Mr. esa you are in all arty
‘we aro at,” (a oes lord, Tbumbly con- We Seffreys. Itmbly’ conenive! and Tho caumtearone Swear him! swear him!"
Mr, Bradbary, a — counsel, having ventured to wie oer lich was ee courtesy, it wit 's view case, Was
ee follow hie leader in peor geri tues it by his lordship not to be tenable. Sefreys, ef ply Big he Wetold you your objection was very ingenious; that must not me ‘oa troublesome; you ‘cannot lay an egg bat you
cackling over it.”
JUDGE INTERROLTING COUNSET.
‘The Irish judgo Fletcher once interrupted Tom Gold mn yale ter etbtapetbagerie Ty erie oer is the fact, ete, ete, when Gold, vexed at being in his career, anid, “My lord, Lord Mansfield was remarkable for the patience with which he beard the counsel that addressed him.” “He never beard you, Mr. Gold,” retorted the judge with a saresstie brogue.
Juige Fletcher, who waa surly in his manner, once said to the counsel, “Sir, Ill not eit hero to be baited Lee ee “No, my lord,” retorted
the counsel, “wot tied to the stake!”
JUDGES OF EDWARD I. PUNISHED FOR BRIBERY,
they were ils and aerig te Tan aen Caneel
Stratton, Chief Baron of the Exchequer, was fined 34,000 marks, ‘Sir R. de Hengham, Chief Justice of the King’s Bench, was let off with a fine of 7,000 marks, for although he had is ‘ly altered a record, it was not su
to have a a corrupt motives, The taint had spread into the Court of Chancery, and R. Lithebury, Master of the Rolla, was fined 1,000 marks, ‘These sentenoss pro- nounced in Parliament by the Chancellor, had the whole 4 ect bas oaks but are ae ages, to have i 1¢ judges to adhiere too ri ly to forms and tho letter of barn Camp. Chane. 171.
JUDGE AND HIS ARBITRARY POWER,
‘A judgo can scarcely help having a lange discretion, and sometimes this quality has been severely criticised, ax if itwere a source of danger. “The discretion of a judge is said to be the law of tyrants: it is always unknown; it is different in diffrent men; it is casual, and depends ‘constitution, temper, and passion. In the best, it is mes caprice; in the worst, it is every vice, folly, as to which human nature is lisble."—Por Lord den.
OLD JUDGE CALLED CHIRF JUSTICIAR,
There was in England, in ancient times, a Chief Justicior, and likewise from very remote times a Grand Tusticiur in Scotland, with very arbitrary power, In that country, when the judges going the cirenit approach a
the Lord Provost universally comes out to
meet them, with the exesption of Aberdeen, of which there is by tradition this explanation. Some centuries ago, the Provost, at the head of the strates, out to meet the Grand Justiciar at the Bridge of
the Grand Josticiar, for some imaginary ee, hanged his lordship at the end of the bridge—sinee which
on CURIOSITIES OF LAW AND LAWYERS.
the Lord Provest of Aberdeen has never trusted himself’ in the presence of a judge beyond the walls of sei ‘Such was tho account given to Lord Campbell by tho Lord Justice-General—1 Camp, Lives of Chane, 5.
TUILE OF THE CHIEF JUSTICE OF ENGLAND.
‘There had been a keen controversy respecting Coke's it to call himaclf “Chief Justice of England Lord
i ee Ellesmere wax quite wrong in supposing that as @ title only during the Barons’ wars, as the office of Chief Justive of England, the highest both in the law and in the State certainly subsisted from the Conquest till the reign of Edward L From the time when that monarch remodelled the judicial system, the oud of the Kings Bench was generally: called * Chief Justice to hold pless before the King If,” and he ose subordinate to the Chancellor.—2 Camp. Chanc,
JUDGES AND THEIR PENSIONS
‘Tho presont arrangement of the retiring allowance of £5,000 a year was mado by Lord Brougham—2 and 3 W. 4,0, 128)
‘THE JUDUES AXD LAW OFFICERS’ SALARIES Ix 1616,
“Tho following were tho salarics of the law officers of the Crown in the year 1616:—
£ ad
Attorey-Geoml . ss. 81 6 8 ee RHE jeant . . . 4) o
i Meira Se akan Bp
ABOUT JUDGES. 55 “Tho salaries of tho Judges show that they must have
depended a good deal on foes -—
Sir E. Coke, Lord Chief Justice of Engnd . ww. SHI Giruite. . 1 . «e836 8 258 6 6
Puiano Judges of King's Bench and Common Pleas...) . 188 6 8 Besides Circuits _ 3 . F 38 68 22113 4 Chief Justice of Common Pleas =. 194 19 Chief Baron -- . se 188. 6 0 Puisne Barope: seo 0 188.6 8 Judge on Norfolk Ciresit : 1 12 6 8
“The usual amount of honoraries to counsel in this reign I have not been able to ascertain. From an entry a in Sete aa ge a) tin tho ol wi tho} ss!
i in mene for his cena ie heed his dinner.’ "—2 Camp. Lives of Chane, 343,
JUDGES’ OPINIONS OFTAINED BY THE CHANCELLOR.
Ietters patent, authorizing bi to Hold the ole without theao. teats, ““nonobetante”” the Act of Pariament
‘upon a demurrer to the after a sham argument counsel, all the judges nah one (Baron Street)
56 CURIOSITIRS OF LAW AND LAWYERS.
the to be sufficient, and iced ji for the dant. Th oen tov pakdatend ate teak law was not any longer an obstacle to any scheme that might be thought advisable —3 Camp. Chane. 556
TWO JUDGES OF ONE COURT BROTHERS,
In the reign of Edward IIL, two brothers, of tho name of Stratford, successively held the office of Lord Chancellor; and in recent times the two brothers Scott rose in the law to equal eminence. The two Crewes afford another instance of similar success. Thuy were at the sume school, the same collagsy and the same inn ‘of court; always equally remarkable for steady ie ation, sound judgment, and honourable conduet, both followed exactly the same course till they
ore
their destiny.
To Lord Chancellor Cowper's diary there is 8 curious panes, via area Ma be nee vory intarsst- ing. He sy; some changes in the judicial staff, and mado these remarks :—
« Sudgis of King's Bench.
This Coart has ye great influence on Corporations. ‘Tho 2 Brothers generally act, in those maters, in oppo- sition to ye Ch, Jostios and M! J. Eyres; therefore it would be of groat use if ono of their piaces was supplyd by another fit wan.
“S* Littleton, yo elder Bro; ix a man of leas abilitys
uence, but blameless, S' Tho. of bettor abilitys, but more culpable; having been Attorny General Songs data, Kit Jansen to: hip ibvidetiony "and. svelously tna bepogbt then pret Seager che Kingdoms «Soe ani it grent on the Es sides hauing fr6 that time practind the Law w® great
Aboor JUDGES, aT
His ately, ‘when ye Hopes of yn Protendr’s ecePirert tad us dow! hie frandee oh ear 24000 Brito be a Judge, nok worth £1600 an: for no,visikio
it Prat, whé the Ch, Justice, Mr. J. Eyrus, and [ belieue euery one that knows him, will approue."—L. C. Cowper's Diary.
In Ireland there were two sons of an apothecary at the bar, named Johuson, and both became judges—one in the Common pleas who was afterwards mixed up with Cobbett as libelling Lord Redesdale and Lord Tantwicke, the Trish Chancellor and Lord Lieutenant.
A LEADING COUNSKL WITH TWO CHIEF BARONS, HIS SONS, ON THE BENCH.
Sir Edward Atkins, son of an eminent Inwyer of the ame name, was made a Baron of Exchequer in 1660, and died in 1669. One of bis sons, Sir Robert Atkins, was made a Justice of the Common Pleas in 1672. Ho
igned ay walls ey was made Chief a ratind
uer illiam IIL A younger brother of the Wher seaily, Sir Kdward Atkin, had been also ap- inted Chief Baron, and was succeeded in that office by elder brother, Sir Robert. Sir Robert published some valuable law tracts on constitutional law; and his son, Sir Robert Atkins, published a valuable History of Gloucestershire, which became scareo and costly owing ton part of the edition being burnt by fire at the olficg. ‘There is a monument in Westminster
Abbey to these three great lawyers.
‘Tt was also observed that the Lord Advocate of Seot-
exe was whether he should take off his hat to them; ‘and the arbiters of the time thought he onght to be ‘excused, in the circumstances, {ram ting 20
58 CURIOSITIES OF LAW AND LAWYEES.
A JUDGE'S FATHRE COMPARED WITH THE SOX,
Tastice Willes, the son of Chief Justice Willes, bad an offensive babit of interrupting counsel, On onv sb aksrplivenl aided te ring tnt “Ye ao to retor en ay say’ our lord= ship doubles Dous (itates bentooe arial taaal the Chief Justice, for he used to understan after Thad done, but but your lordship undertarde me even lore t Auaee begun,"
EXPLAINING “ALSO” AND “LIKEWISE.”
Mr. John Clerk, an eminent Scotch advocate, was arguing before Lord Meadowbank (the second), who was the son of gent aeeccy eens (Ue Ee), the father being a more j ie counsel was
Breed ert pa ceticucta a tame warts iw ore
a Rest contrasting the use of the word "also" with the use of the word “likewise.” The judge said, * Barely, Mr. Clerk, cannot seriously argue ‘that ‘also” anything different from "Hikewise” ! They pete cisely the same thing; and it matters not which of is ferred.” “Not at all, my lord; peed ea
ference in the world between these two words, us take an partis worthy father was ig Meadowbank ; your lo ‘also" Lord Meadowbank; bat you are not ‘Tike wise’ Lord Meadowbank !”
A JUDGE WHISTLING IX COURT.
alee ee Pepe tee) a ee at Nisi Prius, and there came on a horse cause. It was
the judge, forget himself, “Spits gave a load a re oa ‘as electrified |
ABOUT JUDGES. 5
THE KITTEN AND THE JUDGE'S WIG,
It was the pructice for the cld Sootch judges to robe themselves in their own houses, and walk in fall costame to the court, which in those days was quite near their houses or flats; snd when dressed the judge often louked out of his window to see what o'clock it was before starting, One day Lord Coalston was looking out, when a his wig rose off his head, and ascended without any visible cause lo heaven without him, and his astonish. ment was prodigious, It turned out that two girls on the upper floor of the house had been playing with a kitten, and letting it down with a string, when just at the moment that the judge popped his head out, the kitten, in its desperation to gain a foring: clutched what it came in contact with, held it in a death-gripe. and ascended in triumph, to the intense astonishenent of the reverend owner below, who could not see the moving cause, and the giggling and terrified girls above, The three pote concerned, especially the kitten, were never moro
wrifiod in thoir lives, at this unwitting catastrophe!
A COANCELLOR GIVIXG AWAY A JUDGmsIr,
Sir Thomas Davenport, a great Nisi Prius loader, had ‘been intimate with
A JUDGE NEVER GIVING Hes MASONS,
Lord Manaficld, when a friend of his own was appointed Governor of a West India island, and complained that. he would have also to sit as a judge and docido cases, which he dreaded, advised him to decide according to his notions of common sense, but never to give his reasons; for, said
oo CURIOSITIES OF LAW AND LAWYERS.
he, “ judgment will bably be right, but our renin certain), tarenag? Many years atten. Mansfield, while eitting on Provy Council cereals, hind a judgment of this Governor brought before
Court, which seemed #o absurd in its reasons that there was 0 serious clamour for » recall of the Governor, as incompetent. It was found, however, that the decision itself was perfectly right It whiten? at first the
A JUDGE APPOINTED TO THE COLONTES. Sir Rose bad a friond who bad been appointed
toa; lip in one of the colonies, and who long after- sacl Was describing the agonies he endured in ‘the fea
Coleridge, the poet, ou a voyage to Margate, being with a schoolmaster and friend of ‘Ge ‘own, and much din- treseed at Vraeg this friend »o earnestly an; leaning
de af the vessel, said to him, * Why, Rebinson, T didn’t expect this of you; I thought you brought up nothing but young gentlemen!"
APPOINTMENT OF JUDGES UY BALLOT,
In 1593 the Senators of the College of Justice in Edin- burgh resolved that, in order to stop the importunata
A SCOTCH APPRENTICR JUDGR,
In Scotland, when a judge is appointed, he is mada Grits Aiateal tts ay eo ceading scat aati
ABOUT JUDGES. ~ 61
2a to show that’ he fo! BY toe ee erie cated dering thie tay tant Potton
His eran is sometimes overruled, a8 was the case when Jeflrey, in 183+, decided his first case, Tn ol
rd Mr. Patrick Haldane was nominated by
but after trial the Court eee spt ‘This ii
to a statute being passed under w \@ presont moc! tam exists, which resembles the election by congé
aire of a bishop, the judges patie no longer a powor
to reject the nominoe of the Cro
THR JUDAR WITH THR DYING SPERCIT,
A-vacancy occurred among the Judges of the Court of juer, Ae the Ministers could not agree amon; Mbemmelves whom to appoint: ‘The matter was dichpord in Council, and Goorge IT, was present, The dispute grew very warm, when Hix Majesty at last put an end to the dit ale Sa, out in his broken enlist “T will havo nono give mo de man with ds dying neat by which he ike Adams, who was then of London, and whose business it was to make er to His Majesty of the convicts under sentence of
CHANGING THE RECORDER OF LONDON,
it Glyn, the champion of Junius, and of Fox's
yi pier of Wilkes, was a considerable favourite in the City te London, which stood staunchly by him, The conn were occasionally interested in ‘the election of their Recorder; and the Aldermen, in whose hands the coisas rests, would not wilfully elect an unpopular vocate for their judge. In the noisy when Wilkes's patriotism was in fall be upon the pro- motion of Baron Eyre, who had presided for nine years them, the ity cast their eyes upon Glyn, He
City counsel, often the chief step to the higher
fiona, Eytw, tho Recorder, who held this post, gave oo Rearaepead tes nee ae warm bea
was disponsed wil ro me a yh
vote of 106 to 68, and John Glyn, Eay., Sajean at-lew,
62 CURIOSITIES OF LAW AND LAWYERS.
was, the lawyer to be “ndvised with, retained, and eto for Ronde tn pas on te 1 teat] pay m, 178. Every Alderman wns ape ean teen votes; Beareroft, the farnous ‘8 Counsel, and afterwards Chief Justi of Cheater, twelves and ed senior City counsel, one—2 Woolrych's Sexjts,, S01.
HOW A JUDGE GOT A PINE ESTATE.
Auhrey tells this story of Chief Justice Popham: “Sir Ri Dayrell, of Littlecot, in the county of Wilts, vee got his lady's waiting-woman with = ld, when ber travail came, sent a servant with a horse for a eet eis he was to bring hoodwinked. She wns and Iayd the woman; bat as soon as the child was a she saw the Knight ‘ake the ebild and murther it, and burn it in the fire in the chamber. She having done her businease, was oxtraordinarily rewarded for her Painos, and wont blindfold away. This horrid action did much run in her mind, and she had a desire to discover it, but knew not where it was, She considered with herself the time she was riding, and how many miles she might have rode at that rato in that timo, and that it must be some great person's house, for the roome was twelve foot high, and she should knowe the chamber if she wawe it, Sho went ton Justics of peace, and search was mado. The very chamber found. The Knight was bronght to his tsyall; and to be short, this Judgo had his noble house, parke, and manor, and (1 thinke) more, for a bribe to save bis life Sir Jobn Popham gave sentence according to lawe, but being a great person and a favourite, he procured a nolle proaeqici.’
REDUCING A CHIEF JUSTICE TO A PUISKE JUDGE.
Pcp narlebaibediarc hid cian of eeeaiee we the it-nent properly hey A: ieee the throne renewed Tuskice commission as a Puisne Jnstice, bringit hie eecaeiag Common Pleas; and shortly afterw: she mado him
ABOUT JUDGES. 63
Ohief Justies of that court, in the room of Sir Anthony Brown, whom, from being Chief Justice, ehe degraded to be & Puisne, and who was contented to serve under a Chief allowed by himeelf, as well as the rest of the world, to be greatly his superior—1 Camp. QJ.s, 184
LORD HALES DEXTEROUS DEALING WITH BnInes,
A gentleman in the west of England, who had a deer fee ‘was in the habit of sending a buck asa present to the of Assize, and did the same when Lord Chief Baron Hale came the cirouit, although a cause in which be was plaintiff was coming on for trial, The cause boing called, the following extraordinary dialogue took place in open court >— Tord C. Baron, "Ts this plaintiff the gentleman of the same name who has sent me venison?” Judge’e “Yes, please you, my lord.” Lord CB, “Stop a bit, thon. Do not yot swoar the jury. I cannot allow the trial to go on Gill I have paid him for his buck.” Plaintiff. “I would have your lordship to know that neither myself nor my forefathors have over sold vonison, and I have dono ates to your lordship which wo have not done to overy j at has eorn's this cirenit. for centuries bygone” Magistrate of the county, “My lord, I can contirm what the gentleman saya truth, for twenty years back.” Other Magis trates, “And wo, my lord, know tho same.” Lord C. B, “That is nothing to me. The Holy Scriptures say, "A git verteth the ways of judgment;’ I will not suffer fal to go on till the venison ix paid for. Lot m |i Dome tho ae eeeciee Plaintiff’. “Twill not disgrace m: my ancestors by becoming ‘@ venison butcher. Prom the needless dread of selling justice, your lordship delays it, I withdraw my record. I Cam) 553,
ha, 5
On anothor liko occasion Lord Hale on circuit aaid to the usher, “Is Sir John Croke gone? Gentlemen, L must Sega to apa you, for I thought that Sir John Croke beon hore still, that this Sir John Croke sant this morning two sugar-loaves for a present. I did not then know, so well a4 now, what he meant by them;
4 ‘CURIOSITIES OF LAW AND LAWYERS. bu
it to save his credit, I sent his wugar-lonves back G aesce Ye my lad rh eek Wink Lani hs ©. Baron, “ fink that Sir John Heres ae the King’s Tusthenw'e mele into the ci} to take bribes. I rather think that some other Bayt al Giepaito pass’ teiek spon bin,senh (ehot is his name. en, do you know this hand?”
faite Nantes sng with him; and your i, it fee that it is tho entoo with this mithimus written and
by bite.” Lord'C. B. (putting tho letter back into bis bosom), “I intend to carry itwith me to London, and I will relate the foulness of the business, as I find occasions," —] Cainp. Ou.s, 55,
A JUDGE ARRESTED ON THE WENCH FOR TREASON,
we 1640 Sir Robert adh one of pte altleed King’s Bench who gave he opinion for eared was impeached by the House of Commons of treason in the Lord's House; and thoir coma Maxwell, the usher of the Black Rod, came to the Ki Bench when the judges were sitting, took Judge Berk from off the and carried him away to which wtrock a great terror on tho rest of his brethren, then es Westminster Hall, and on all his profession. ‘This Judge was a very learned man in our laws,and a orator, and judge moderate in his ways, except his Sire af te Car wour, He redeemed boat ear the Parliament’s oceasions with
Sal without cooahieeabls gains by lia ember -prantien and left @ plentiful fortune to his fanily,
THX JUDGES EYCORRUPTINLE
At the assizes in Cardiganshire, in 1852, the defendant in an action sent a statement of his case, with « ten- ota ‘cna anont) saree OH to Mr. Justice Alderson, at his lodgings. When the learned judgo next day took
ABOUT JUDGES. 6b
his seat on the bench, ho mentioned what he had received the evening before, and doclarod his intention of pate the letter in the hands of the Attorney-General for th of a prosecution against the offender. It was, owsor, intimated to him that the offence had been the result rather of ignorance than of crime, and the having returned the money, and censured the t, agreed to allow the matter to drop—2 Law and Lawyers, 128,
‘A VITUPERATIVE CHIEF JUSTICE.
called r several noble lords. Lord Stanhope declared that he was afraid of entering into any controversy with the “vituperative Chiof Justice Ratbal himeelf by the oe of a peer celebrated for his politeness, of wi he told this ancedote, Lord Chesterfield, when walking in the stroot, being pushed off the flags by an impu- dent fellow, who mid to him, “I never give the wall to a acoundrel!” the great mastor of courtesy immediatol took off his hat, and, making him a low bow, replied, “Sir, T always do.”
A JUDGE WHO MADE SLIPS IN LATIN QUOTATIONS,
Lord Kenyon had a groat weakness for quoting scraps of Latin, and misapplying them, thinking like many halt. educated people, that theso aro almost as brilliant aa native wit, ‘idge in his ‘Table Talk,’ says the jud ey. in reference ton ewe ann caso: “ Above all, nod I name to you the Emperor Julian, who was so ‘celebrated for e Christian virtue that he was called ‘Julian the Apostle”
On another oceasion he concluded his address to the grand jury thus: “Having thus discharged con- sciences, Daceap ay Ris may retire to your homes in
with the delightful consciousness of having por- ‘your duties well, aud may lay your heads on your pillows, saying to yourselves—dut Crear aut alia”
=
66 CURIOSITIES OF LAW AND LAwrEns,
A JUDGE TREATED a8 A cIPuER,
Lord Kenyon, alibough he bad been told that Horne Tooke, when sued for Mr. Fox's gehen ee election petition inquiry, was to attend as own counsel and to make. “terrible splash," anid in a sharp,
op epalay ober Ts there an nyo
Horne Tooke (taking a pincl snul looking Seal ron ne s a minute or two), * There are three
ties engaged in this trial—you, gentlemen of ie Saja ii Fos, and myself, and I make no doubt that ‘ I bring it to @ satisfactory conclusion. As for the jules and tho cricr, they are here to preserve order; we pay them handsomely for their a! ice, and, in their ale sphoro, they are of somo use; but they are ined a8 assistants aly; they are not, and never were, intended to be the controllors of our conduct. Genitle- ren, I tell you there ix a defence, and a very good defenes, to this action, and it will be your duty to give effect to it,” ete, ete,
A JUDOR CALLED A LEGAL MOXK.
Lord Kenyon carried on a furious war against the destructive vico of ing, which be deciared to be mischievoualy provalent Se Rs inrdncia Tia reson mended thet fashicuntle gaming exallishments sbould
bo indicted x common nuisances, adding this threat, which is said to reveal deep dismay: “If any such prosecutions are £ fly brought before me, and the guilty
on. in the countey, though they may be the fit iene the land, they certainly exhibit them- selves in the pillry”
This. ungaliant attack) upon whe fair sex roused a chivalrous defepos oa eB Earl of eee who do- scribed tho asd from the tribunals
ABOUT JUDGES. ce
thought they must be virtuous in tion as they me Tae etl ill-mannored.” Ton 1 Kenyon cared pouning for any of these invoctives, except the imputa- tion of being # “legal monk." Thix stuck to him very fast, and he frequently complained of it, When making any observation to ‘the jucy which he thought very knowing as well ns omphatic, ho would say
“Bat, gentlemen, you will consider how far this is BpaNat Gr eny welsh; coming from a lagat-monlrs fir agreat discovery has been made, that the judges of the Jand, who are constantly conversant with business, who gee much moro of actual life on their circuits, and in Westminster Hall, than if they were shut up in gaming houses and brothels, are only legal monks.”
‘On another occasion he said: “Somebody tells us that the judges are legul monks—that they know nothing of the w is the world? It is necessary to del terms, in order to know what the world fs, and what is meant by this knowledge of the world. If it is to be got
lounging, like young men of fashion, about Bond ‘wreet, or at gaming-tables, or at Newmarket, or in private houses of great men, or in brothels, I disavow being ace uainted with it. But a something of what may called a knowledge of the world quicqwid spies homines, may be contained in courts of justice.” It is said that he wont on addressing grand juries on the cirenit in this strain, till Lord Carlisle threatened to bring him before the Honso of Lords for a breuch of piv —5 Camp. Cds, 69,
JUDGIS LIKING THEIR WORK.
fe with which Mr, Justioo Bayley got through his
he exclaimed, “I s'amused juger.” Judge Buller used to say, somewhat irreverently, that “his idea of Heaven was to sit at Nisi Prius all day, and play at whist all night”
65 ‘CURIOSITIES OF LAW AND LAWYERS.
CHIKY JUSTICK PREPARING TO BE A PEER
Chief Justice Sir Dudley Ryder was appointed in 1754, but Lon! Chancellor Hardwicke being supposed to be a
struction of the will John Blake took only an estate for life. Fearne, the conveyancer, published a letter pro- icing « soy of a pion of Lara M
in the effect, that Blake had an estate tail, Fearne snid i
was impossiblo Bond could bave been mistaken in snch amatter. It was thought by many people of that time 1756) that the conveyancer |, and that Lord
ABOUT JUDGES. 69
- ti tecneel reese were fictitiova, Lord soe at possibly, in the harry of business, Mur given opinions both gs es and forgot about it, The decision of the King’s Bench was real by the Exchequer Chamber, put i it afterwards re- mained with many a moot question which of the two Semen Ok, akc was correct, An appeal was brought to the House of Lords, where it wus if Manafield’s aay would be re-ostablished. the partios, he result, compromised the gett 2 Camp. Cds, iat
A CHIEF JUSTICR ON POPULARITY NUNTING.
the ui Fey TT eee caused by Wilkes's Sneee in 17 m pronouncing the judgment of the King’s Bench raversing the Fes, dieouned cm the tos be ct agua jude the attempts at intimidating them. id: “IT me and respect the people, but many things noqui by the favour of tik mre im my account objects not worth ambition. I wish popularity; but it is that popularity which follows not that which is run after; it is that popularity which sooner or later never fails to do justice to the pursuit of noble ends by noble means, 3 will not do that which my conscience tells me is wrang this occasion to gain the huzzas of thousands, or u daily praise of all the papers which come from the twill not avoid doing what I think is right tr it should draw on mo the whole artillery of libels—all that falsehood and malice can invent, or the credulity of a deluded populace can swallow.”
JUDGES CHARGING A SHILLING FOR AN APFIDAVET,
Lord Clonmel, as Irish ju who nover thought demanding more than a shilling for an allidavit, used to be well sutinfied, rovided {0 ‘it was a good coin, aa Be time the Birmingham shillings wer current, used Be flowing precaution to avoid being
ie taking ated : “You shall true answer to such questions as shall be demanded of you
7 CURIOSITIES OF TAW AND LAWYERS,
this alfidavit, 20 ly God. Is thie a sling’ itiy the totes of tas ctkasre toe Pe this your name and handwriting?"
CASIIEMING JUDGES,
‘Thero had been « reluctance to exereixe the ps tive of cashiering j which had been geste the long of Elizabeth, and the abuse of Arkh | eamsed such scandal in the reigns of James I, mod Charles I. But these seruples being once overcome were wholly disregarded. From the time of Lord Chief Tuts Ra ford being superseded in order to make room for Chief Justice ecg the system recommenced of clearing the bench for political reasons, and it was eontoued till ite vilest wreteh the profession of the law
Chief Justice it England, Sir KR. Wh he | last Chief Justice of James 11, became in jependent,
“In uence of the intrigues of paisne jud; desirous of Chiefs in the reign of Canis i. and James IT, tho rule was laid down at the Revolution, that a pulsoe judge i is only to attend one levee on his
pepscament and is never again to appear at Court—
mp. C.J.s, 8.
AN ANCIENT JUDGE CASAIERED FOR NOT RESPRCTING A SFARROW.
Phocins, in his Bibliothsque, dwells with it satis faction on a decision of the Athenians as to the conduct of one of their judges sitting in the Arcopagus, That court sat upon Will in the open air, and one day a them fs pursued by a hawk, darted into the midst of
for refuge. Tt took shelter in the beeom of one judges who was of @ barsh and passionate temper, < Pakine's hold of the little trembler threw it off with such violence as te kill it on the spot The whole sesembly wore fillod with indignation st this ee The jadge was instantly arraigned for i and by
ea enna ot his colleagues be was and ejected from Sy eat on the Bee
AnOUT JUDGES. 7
A LADY JUNGE OF ASSIZE TRYING RIOTER
During tho reign of Henry VIII, when family quarcels among the Berkeloys raged, and « riotous company of Maurice Berkeley's servants entered the park of Lady Anne Berkeley at Yate, and killed the door and fired the hayricks, she repaired to court and made complaint, The King at once issuod a special commission undor the great seal authorizing her and othors to inquire into and determine the riots, and made her one of the quorum, She returned to Gloucester, opened the commission, sut on the bench, impanelled a jury, and heard the change, and on w verdict of guilty pronounced sentence accord ingly.
72 CURIOSITIES OF LAW AND LAWYERS,
CHAPTER IIt.
ABOUT THE LAW: ITS AUTHORS, REFORMS, AND COURTS.
THE LAW 18 OFEN,
forne Tooke, in answer to the common saying, handed down by the town clerk of Ephesus, that“ courts of law are open to all,” made this retort: “So is tho ion Tavern,”
TINNGS WICK ARE CALLED LAW.
Moore, in 1844, says: “In Lon! Denman’s late memo- table speech on the Irish State Trials, the following aentencs amused me not a littl. ‘There was a great deal; he said, ‘of law taken for granted, which when it came to be examined was found to be no law at all.’ Alas! the same is, I fear, the case with philosophy, and many othor gravo and grand things of this world.”"— Moore's Diary.
THE DEFINITION OF LAW.
9 ontaco joms havo been attempted of the law, Ono of the is as follows: “Law is tho sam of tho variod restrictions on the aetions of cach individual, which tho Supreme power of the State enforces, in order that all its mombors may follow their occupations with greater security.” This definition, instoad of representing the body of law as consisting of a course of conduct, confines the attention to the more limited purpose of controlling some only of the actions of men, either directly by re- straining those, or indirectly by defining forma for giving
LAW: 1%% AUTHONS, REFORMS, AND courts 73
greater effect to them, and that not entirely by way ot | joie Sacra deg Pare se ab ive prohi- ‘ition. Italso points to the general purpose kept in view by the sy ‘ive power. It does not indeed ‘ily imply, ab aby rece Melee mine right means. It merely states the object which is always a Er eae legitimately pro» ‘The object roay not be in fact attained, or it may bo attained or sought to be attained by the wrong means, ‘The means, however, which are usod, and the subject- matter as to which restrictions are in , cannot bo exactly stated or even indicated, for simple reason that no human sngacity or acutenoas has yet defined how far those restrictions may or ought te go in the further development of modern civiliztion. It is tho main busi- ness of polities to discuss and find a solution foreach pur- ticular exigency, It is enough that the law propases well, and does its best for the time being to decide what will most offectively secure the general good—1 Paterson's Lib, of Subject, 29.
‘THY GLORIOUS UNCERTAINTY OF THE LAW.
A learned mdont of * Notes and Queries,” 5th Series, vol. x, p. 106, says that soon after Lord Mansfield, in 1756, had overruled soveral long-established decisions, and introduced innovations into the practice of the Court, Mr, Wilbraham, at a dinner of the judges and counsel in
ij * Inn |, guve tho toast, “The glorious uncor-
tainty of the law.” In 1802, whon the Princo Rogent.
relinquished his cluim to the revenues of tho Dachy of
Cornwall, Sheridan explained in Parliament that H, RH,
Soares induced to do so by “the glorious uncertainty 8 law.”
If THAT 18 LAW, WHO 18 SAP? Chief Justice Kelyng, a5 to treason, thus laid down the
nw to a jury: “By levying war is not only meant when iBiibay taigattiored togethss an nacacy, busitn eons
of will R about any public reformation, this trenson. ae people do pretend their design was
— a
uw CURIOSITING OF LAW AND LAWYERS. a against brothels; for to go about to pull down Pr cs ete ee EP tone real
with o and tis Ching bo endasod, who is nafo 1” GOOD LAWS, AND DIFFICULTY OF ENFORCING THEM. Bolingbroke said: “It is a easy thing to devise good laws; te dificalty is to make them effictive. Tho it mistake is that of looking upon men as virtuous, or i pt AEs by laws; and conse- ‘tician is to render vices ‘= Spence’s:
PEDANTRINS OF LAW,
An cminent counsel used to say that he had read a of a man who was tried for stealing a cow, but way acquitted, it not being sot forth in the indictment whether the field from whence be stole her was an oblong or a squsre,—Gent, Mag, 1731,
LAWS LIKE COBWEES,
Anacharsis, tho intelligent forcignor of his day, on visiting Athous, and bearing of the laws of Drnco and Solon, emid:« Allee laws you can tanke aro but spiders wobs, which tho strong will break through, and only the poor dy will be caught.”
LAW LANGUAGE,
There was an interval of repose for domestic improve- ment in 1362, when tho Chancellor De Edington carried fi Parliament the famous statute whereby it was enacted that all pleadings and jadgmenta in the Courts of Westminster should for the fature be in English, whereas thoy bad been in Fronch ever since the Conquest ;-—and that all schoolmasters should teach their scholars to con- atrue in English, and not in Freech, as they bad hitherto boon accustomed. Although the French language no Joager enjoyed any legal sanction, it bad such a hold of Tpenl ream contra thnk; Teedemtltaad athe roodaaasta
LAW: 118 AUTHORS, REFORMS, AND couRTS. 75
used Ly them down to the middle of the eighteenth cen- tary. Their reports, and treatises, and aby are in j aud if we would find anything ia Chief Baron 2 01 in reign of cect iL,
ife,”
"and
about “ Highways,” or “Tithes," or “ Husband and. we must look to the titles “Chemin,” " Dismes, “Baron and Meme.”
The law, having on French in her infaney, had great difficulty in changing hor dialect. Tt is eurious that Acts of Parliament | continued to be framed in French, and that Fronch is still employed by the different branches of the legislature in their intercourse with each other, Not as the royal assent given to billa by the words “La Reigne lo yoet,” but wl cither House
8 a bill there is an cndorsement writton upon it, “ Soit tailé aux Seigueury,” or “aux Communes ;” and at the beginning of every Parliament the Lords make an entry in their journals, in Froneh, of the appointmont of the receivers and triers of petitions, not only for England, ‘but for Gascony,—1 Camp. Lives of Chanc., 256.
STATUTES NOT AT FIRST IN ENGHISH
Coke says in the face to his Third Report: "It was not thought convenient to publich those or any of the statutes enacted in those days in the vulgar tongue, lust the unlearned by bere reading without right under- standing might suck out errors, and trusting to their ‘awn conceit might endanger themselves, and sometimes fall into destruction.”
LEGAL RECORDS TO NE IN BNOTISIT.
Ordinances were passed, by the onlightened Law Reformers onder the Commonwealth, “for having all Jegal records in the Iangnage of the country,” 20 that a knowledge of the laws might be communicated to those who were to obey them, ‘This proposition for conduct-
all Jaw linge in English was most atronuousl, Reet ected tov enats ers cores vation than the abolition of tho House of or the regal office, Whitelock, in introducing it, was obliged to
fortify himself with the example of Moses, and a host of en eee ee Jaws in the
@. The reporters, who delighted in the Norman , Were particularly obetreperoux “I have SoS rs I ey
leve
its contentiously knowing, aud more apt to ol than to defend themselves; bot T bere doos i ia
since perfected the work in French, in faeact nce desired it might have aoen the light,
being most proper for it, and most convenient for the rieasath the law." But the Restoration ‘ht back
i i g : z < E
tments much better, thou; He ridi
LAW: ITS AUTHORS, REYORMS, AND counts. 77
Lord Campbell says: “have heard judges in my own time lament the change then introduced on the ground that, alubough it might be material for the parties both in civil and criminal proceedings to have some notion of what is going on, the use of Law Latin prevented the attorneys’ clerks being so illiterate as they have a ee, at oer likewise mention = zane a a
al iets on 4 trial for murder, that the indictment roxy the writrons ‘must not be inter- preted into Welsh for the information of the prisoner, aa that would be contrary to the statute of George IL, which requires all proceedings to be carried on in the English language.’—2 Camp. Cud.a, 210,
JARGON OF TIE LAWYERS,
In the Spectator, No. 551, a writer says: "Affairs of
uence having brought mo to town, I had the cianalhy the other day to visit Westminster Hall, and having placed myself in ono of the courts, expected to be moat, cntertained, After the Court and counsel
lordships ;” the next humbly moved to quash an indictment; another complained that his advorsary had anxapped u judgment; the next informed the Court that his client was stripped of his possessions; another begged leave to acquaint their lordships that they had been saddled with costs. At last up got a grave scrjcant, and told us his cliont had been hung up a whole term by awrit of error. At this I could stand it no longer, but came hither and resolved to apply myself to your Honour to interpose with these gentlemen, that they would leave off such low and unnatural expressions ; for eurely, aes Lig lawyarg.eabecribe to Kideoun Freach and falco (Latta, ‘yet they should lot their clients have a little decent and proper Bgl for thats money.”
THR PRESUMPTION THAT KACI KNOWS THE LAW.
If it were once allowed in answer to any complaint of violation of the law to sot up tho dofence of ignorance,
CORIOSITIES OF LAW AND LAWYEhS.
78 then there must be Lege of ignorance and grada- tions of default, and o paloliary, ces in each case na to whether such ignorance was real or assumed, ile or innocent, Ono would be entitled to urge ho had never received any education at all; another, that he was about hd = ‘the law, ‘He hind not yet
nee payee the i authorities wae wise to decide which ees mist his guide. It might be asked,
ratintactoril to dis hor of them, Tho , Teach of boone:
footer wloy Staavia ha apo lence the
he wants, and to take the risk of his want of knowledge as it may tarn out.
‘This thoory, however, was departed from in a caso where a man, ina ship ot tho cut of tic, od an at on Jane 27, for which he coull not have been punished
under an Act of Parliament which had
cance provious May 10, but tho knowledge of which
sate ould wot baer him at that remote place.
‘Tho judges concurred, that it would be unjust to punish
i, though elie mages and recommended: ee ee pia, An
mee wy Sa mb boos, coin in the case of a
Ig no, the law, nits njastice on another
amon til ject,
LAW; 18 AUTHORS, REYORNS, AND CouRTS. 7)
SUMPTUARY LAWS.
Sumptuary laws, that is to say, laws which profes to rugulate minutely what people shall eat and dink, what they shall entertain, what clothes they shall wear what armour they shall possess, what limit is to be put to their ety, what expenses they should incur in their fanernls, were considered by the carly and middle ages as alsolately necessary for the proper government mankind. Tho logislatures of all ages, until the last two centuries, took for granted, that they could not choose but Iny down rules of this minute personal and harassing description. Of all such delusive notions ns tothe business of government, Montaigne aptly disposes in a sentence: “To enact thut none but princes shall eat turbot, shall wear velvet or goldl Ince, merely sets every man more agog to eat and wear them.”
Some sumptuary laws went extravagant lengths, but each probably had some evil of the time in view, Tiberius issued an edict sgainst people kissing each other when they met, and against tavern-keepers selling pastry. Tyeangus even prohibited finely decorated ceilings and doors.—1 Paterson's Lib, Subj, 424
OUR FOOD ONCE LIMITED BY STATUTE.
Our own legislature bad for centuries very decided opinions as to the food that ought to be allowed. An ordinance of Edward TfL, in 1336, prohibited man having more than two courses at any meal, Bach mess was to have only two sorta of vietuals, and it was pro- soribed how far one could mix sauce with his pottage, except on certain feast days, when throe courses at most: were allowable, The Statute of Diet of 1363 enjoined that servants of lords should have oneonday flesh or fish, and remnants of milk, butter, and cheese ; and above all,
‘exeesa in eating and drinking. “All previous statutes: as
the time of Klward VI; bit by new enactments, and in order that fishermen may live, all persons were bound
80 CURIOSITIES OV LAW AND LAWYEDS.
under # peoalty not to eat flesh on Fridays or Saturday or in Lent, the old and the sick excepted. The penalty in Queen Elizabeth's time was no less than Uiree pounds, or three months’ imprisonment ; but it was at the same time added, that, meer pmsaee or taught that catlog of fish was of necessity for the saving of the soul man, or was tho service of God, was to be punished asa A Sngrppeh may ty And care was taken toannounce, e
enactments have been swept away in the reign of Victoria —1 Paterson's Lib, Subject, 435.
‘OUR DRESS ONCE REGULATED BY STATUTE.
‘The Statute of Diet and Apparel in 1363, and later statutes, minutely fixed the propor dross for all clases, ing to their estate, and the price they were to pay: hi were not to wear clotbes valued al forty shillings, and their families not to wear silk, fur, or silk velvet; and so with gentlemen and esquires, orchr te! Sears. erg to jors, Ploughmen were to wear mket aide linen girdle No female belonging to the family of a servant in hushandry was to wear a girdle gamished with silver, Every person bencath a lord was to wear a jacket reach- ing bis kneca, and none but a lord was to wear pikes to shoos excooding two inches. Nobody bat a member of the royal fainily was.to wear cloth of gold or purple silk, and none under # knight to wear velvet, damask, or satin, ot foreign wool, or fur of sable. It is true, not- withatanding all these restrictions, that a licence af the king the Lines to wear anything. For one whose income was under twenty pounds to wear silk in his nighteap was to incur three months’ iimprisoament, or a fine of ten pounds a day. And all above the ago of six, except ladies and gentlemen, were bound to wear on the Sabbath day a cap of knitted wool,
LAW! ITS AUTHORS, REFORMS, AND courts. 81 These statutes of apesrel ‘were not repealed till the
‘wiga of Jawes L—1 Paterson's Lib, Subject, 437.
THE POOR MAN'S NOTION OF THE GAME LAWS.
paar Be Smith Basra: & “Tt is impossible to make an un=
erstand in what manner a bird hatched,
ee where—to-day living in my field, to-
ela Eee aes ne ae ally Da as the
Epeertion whole history can in the most
aioe pachice manner Pepe tho ogg to the spit. on whicl
fetal much eure their snp Tint ier
any fanlt at all in 5 aokadhing the game covers: of his “pig hour; and as soon as he beeomos
Mena foes ‘hl rae first resource is in plunder-
ae heasants, and parte: Pee e aaa ora ‘iat va ich on every side of village are ranning and flying his eyes. As these
Cog be done es po in the day, the: Bet in the night; aod in this cee a is oftan formed who ee ees eran corrupted mom! society, in. — hceiie :
THE FRINCIPLE OF THE POOR LAW,
That some kind of Provision must be made by the
p for the yin order to save the latter from
conety at in, is almost welf-evident. The pe: culty has been pateneg Ht the least ae oe eroati ne
earth must
of achieving this result, “in some way be rua to oupply the bodily want of all
and yet nomerous other Sees and Instincts ath ies ee ren must be considered in the machinery, evon a starving man to aap fee ae of the Ant an
pe Sie iota ‘war, bl sod, and ‘ation and. os
CURIOSITIES OF LAW AND LAWYERS.
irenitous mode of matinfying the needy and despoilin, ish onna may te
82 cirenitous Gp sraoeen by severed set
to the rage of hanger, an poured into the wounds of those w! = property, ae is their ree te Biton eet lente cen
Tt has been said that all p poor laws are
a
unjast, ch the Maarions to feed the idle and it it has been aptly answered, that, if there no such tax, it would mere! the common bunten of all to the shoniders of the fow who are always considerate and bumane,—2 Paterson's Lib. Subject, 5.
THE TOOR LAWS—HOW PAR EFFICIENT.
By the now head eect Pata however cum- broue, ose with cortainty, it to bear om each individual ease ax ‘fe arises, <n rani happen,
crimial apathy of the offcnn that gay ous ioiiesdual ts comnnaniby; however obscure, Gat Ba lef: ts dis of arratlon, whatever Ue bis mlafortenes oF what- vor hls demsee t indeed it be, that some false Sichuan Ue att ef tho (biveaslboch, te sexe tide
the lagetatar st esy ‘country—that it has provided a means which mebliet overy human being to be supplied with at least sufficient support for life, though it is to be given in such a way as neither to injure the recipient nor those who are the involuntary donors. The cum! and far-fetched mothod of doing Uhis may admit of many improvements in detail; but it must always ined & monument of human for which we are btad, net to the Grecks or the Romans, nox ‘even to our common law, but to that fortunate system of government which allows the hardships and wants of ‘every class to reach the ears of these who are not too far removed in ry amd self-interest, and who are both able and to allevinte thern—2 Paterson's Lib,
IAW: 178 AUTHORS, REFORMS, AND CouRTSs. 63
OUTLIVING THE LAW,
From the month of that dull black-letter lawyer, Ser- joant Maynard, camo two of the most felicitous snyii in lish Joffeoys having once rudely taantod him with having grown s0 old as to forget his law, “True, Sir Goorge,” replied he; “I have forgotten more law than you over Jearned.”
When the Prince of Orange first took ap his quarters
at Whitehall, on Jamos's flight, difforont public bodies
ited nddresses to him, and Maynard came at tho
of the men of the gown. The Prince took notice of
is pen a, and epi he See outlived all s
wyers: is time. “ If your Highness,” answered he,
Rea comnster lave ai Lennon tans onklvad the law itself.”
‘We onght to valuo still more highly Serjeant Maynard's
jum on the great palladium of our frecdom. “ Trial
by jury,” said he, “is the subject's birthright and inherit
ance, as his lands are; nnd without which he is not sure
to keep them or anything else, ‘This way of trial is his
foneo and protection aginst all frauds and surprises, and against all storms of power."
OLD LEGAL AUTHORS,
All writers who have touched upon our juridical history have highly extolled the legal improvesnents which die od the reign of Edward I, without giving tho erodit for them to any one ex: the King him- self; but if heis to bo denominated the English Justinian, it should be made known who were the Tribonians who were employed ay him; and tho English nation owes w debt itude to the Chancellors, who must havo framed revised the statutes which are the foundation ‘of our judicial systern,—who must, by explanation and argument, have obtained for them the sinction of Par wlio must have watched over their con-
‘struction and operation when they first passed into law. and ‘Campbell rejoiced in dotag tardy Justice to tho
iz
B4 CURIOSITIES OF LAW AND LAWYERS.
‘of Robert Burnel, decidedly the first in this class, and in attracting notice to his «accessors, who walked in his footste; said that to them, too, wo are probably indebted for the treatises entitled Flefa and Britton, whieh nre said to have been written at the request of the
‘and which, though inferior in style and arrangement to are wonderful performances for such an age, and make the practitioners of the present day, who are Sewildered in the midst of an immense legal library, envy the guod Pacey ee, pena ebatet Wc eae Soe manuseript volumes, copied by their own hand, and oon- tantly accom ‘ing them, could speedily and clearly discover all that was known on every point that might arise.—1 Camp. Lives of Chane, 189.
LEGAL AUTHORS AND LAW books,
wii pecan ae re iret of Lit = jat juridical writing in a department of litora~ ture in which the English ed been defective, and in which thoy are greatly excelled by the French, the Germans, and even by the Scotch. The present state of the common law may now probably be best earned from the Notes of Patteson and Williams, or Serjeant Williams’ Notes to Saunders's Reports of Cases decided in the reign of Charles IL, and written in Norman-French— 1 p- Lives of Chane., 160.
PROFESSIONAL JEALOUSY OF BLACKSTONE'S COMMENTARIES.
Charles Yorke told Dr. Warburton that if Blackstone's
Commentaries had been published when he began the study of law, it would have saved him the resding of twelve hours in the day. This work, which of
eo much advantage to the law student, was on its appear- ance with the sneers and whispered censures of many of our black-lotter lawyers. It became the fashion eee Ne ae bionelt oe bang of tae id eho one wi on tbize wes scarcely ome pogo ln’ Bisclatone in which there was not one false principle and two doubtful prin-
LAW? 17S AUTUVIts, HEFORIS, AND COURTS. 85
ined stated as undoubted law. Horne Tooke, who was Iways ambitious of a logal repatation, declared that “it was a good gentleman's law , clear but not deep,” ‘Tt was, in short, obnoxious to onc charge, viz., that it was intelligible, Mr, Hargrave (seo a specimen of that gontle- man's eloquence under the head of “ Conveyancers”) is re) to have said, that “any lawyer who writes so clearly as to be intelligible was an enemy to his pro- fession." This accounted for the unfavourable reeeption which Blackstone's Commentaries met with from some quarters.—2 Law and Lawyers, 58.
HARGRAVE AS A LAGAL AUTHOR,
Hargrave, the eminent commentator on Coke, died neglected. He was, to be sure, with all his learning, hardly producible in any judicial office; aud latterly his mind was diseased, insomuch that when he was brought to Lincoln’s Tan to voto ss a Bencher in the choice of a Preacher, and his vote was objected to, Jekyl said that, “instead of being doprived of his vote, he ought tobe allowed two votes, for he was one bevide
It was owing to un infirmity of Hargrave (one of the ndbestoureelin._tha,Okelaca (Hosptial case) iarhich caused him to leave the court two or three times in the jiddlo of his argument, and which so protracted the that it had to be adjourned till next morning, ine, the next junior counsel, had an oppor tunity of his first immortal speech next morn- ing, and which was the making of his fortune,
ft
é
WHY SOME JUDGES BECAME GREAT LAWYERS,
Lord Holt was said to have given his unwearied devotion to the law and to his business owing to the dic- ‘taste he had for Lady Holt's scolding propensities. Judge Ciba who wrote so many excellent Iaw books, shut
imself up in his chambers in Sexjeant’s Inn for the same reason. The same charucteriitic wax noticed in Tord Coke and Lord Chancellor Bacon, and to some extent in Lord Hale and Lord Manstield,
i |
z : F
‘bell. that the ro; mony a Whig, sn pied Tory Ueto, whe the horse of a Whig always lamed him,
=) as to his wn work-as 8 orter = Nui Prius reporter, I had ses
w if E
i Ei Pe E é ; i z e H
43 Hi ie EB i
i g a ib “5 7 £ 5 a zg a E = “
in the great fire in the Temple when X was General.’—4 Camp. Chane, 458,
ee gE
i i | i é i
A LAW REPORTER AS A PEDESTRIAN, The author of Keble’s Reports, which are very poor
prodactions, was not Keble, as Lord Campbell assumed, but one Joseph Keble, who was one of the eccentricities of |. He had ® small estate at
the wut into bis hand, with a request : Ay any decision which should be given,
of entered the following lines as a full record of all that was
material. which bad occurred during the day -—
LAW; ITS AUTHORS, REFORMS, AND COURTS. 87
“Mr, Leach Madea Le neat, but wrong: Angry is ut iS maa aan fas heavy, dull, and long; Mr. ‘Parker . Made the case darker, Which waa dark enough without: Mr. Cooke Cited his book,
And the Chancellor said—T doubt.”
This jow i de flying about Wostminstor Hall, reached the Chancellor, ‘who was very much amused with it, notwitlistanding the allusion to his doubting propensity. Soon ae? Mr, Rose having to bi before him a cts untennhle ition, he gave his opinion very gravely, Gadewikh Sntisitey grace, and. Sollotly. tite eres “For these reasons the judgment must be against your ee and here, Mr. Rose, the Chancellor does not oul
QUOTING THE NOOK oF NaTURE,
A doclamatory speaker (Randle Jackson, counsel for tho East India Company), who despised all technicalities, and tried to storm the Court by the force of eloquence, on one occasion, when uttering these words, “In the book of nature, my lords, it is wrilten—" was stopped by this question from the Chief Justice, Lord Tilenborough,
Will you have the goodness to mention the page, sir, if you please?"
ONE PERSON'S DOUBTS BETTER THAN OTHER PEOPLE'S CERTAINTIES,
Tord Chancellor Hanlwicke said of a Scotch Iaw book called “ Dirloton’s Doubt ‘being a discussion of several moot points in that law: “Dirleton’s doubts are better than most people's cortaintios,”
83 CURIOSITIES OF LAW AND LAWYERS.
LAW REFOUM,
In classic antiquity Iawgivers were honoured not lost ‘than conquerors, ard all the most celebrated laws of Rome bore the names of their authors; but in our own history (horreaco referens) oblivion seems to await all those who
themselves to legal reform. We do not know with any certainty who framed the Statutes of West- minster in the time of Edward I, the Statute of Fines, the Statute of Uses, the Statate of Wills, or the Statute of Frauds, although they ought to have been commemorated for conferring lasting benefit on their country. The Gronville Act for the trial of controverted elections was the first. whieh conferred any élat on. the name of ita author, and Fox's Libel Act is almost the only, other down to our own timea—1 Camp. Lives of Chane, 41,
THE CODIFICATION OF ENGLISH LAW.
‘The confused and chaotic state of the laws of England has long been the ridicule of foreigners, the lamentation of our own iofaligent logielatoes and citizens, pane confession of wi to many @ government, which has constantly postponed to @ more convenient season sddremtog Ue? to wat Heme ead even In kis Ua would be @ heroic work—the making of a digest of the law. It is truo that the apathy on this subjoct has never
1b been traced to any poverty in the material, and it
a8 been shared by tho Casal whase aaa most sensibly benefit, and who seem only dimly conscious of @ Joss from never having enjoyed the ion. A petty stato, having little to boast of, may well keep its laws, or what are called laws, hidden in obscurity ; but a great country loses half its dignity and strength when it cannot in an orderly and methodical way give some account to all whom it may concern of the main reasons why its own social progres and the contentment of its citizens have been so well assured —1 Paterson's Lib. Subject, 75.
LAW! 3P8 AUTHORS, REFORMS, AND covaTs. 89
PROJECT OF A LAW UNIVERSITY UNDER HENRY VIII.
Sir Nicholas Bacon, in 1537, presented to King Henry VILL « splendid plan for the endowment froin the spoils of the monasteries of a great seminary in London, after a model of a university, for the study of the Jaw, and for the training of ambassadora and statesmen. Tt is much to be regretted that, owing to the rapacity of the courtiers, this effort was abortive, as down to our own time London remained the only metropolis in Europe (except Con- atantinople) without # university; and English lawyers, thongh very acuto practitioners, have been noticed to be rather deliclent in an enlarged knowledge of jurispradence:
Besides the study of the common and civil law, tho objects of the Briere institution wore to cultivate the knowledge of Latin and French, and in thos: languages to write and debate on all questions of public policy; to form historical collections, and publish new treatises relating to domostic institutions and foreign diplomacy ; and the students were finally to perfect their know] of political science an attachés, travelling in the suites of King’s ambassadors on the Continent—2 Camp. Lives ‘of Chane, 89.
WOLSEY'S NOTION OF A LAW UNIVERSITY,
Tf Cardinal Wolsey was snoered at for his ignorance of a Sess (are of the seals rae ho ee Lord ‘hancellor, ig revel y openly comp! that the lawyers who ey balare him ay = i tof the civil law and tho principles of goneral nce; and he has been described ns often inter- Tupting their pleadings, and bitterly animadverting on their narrow notions and limited arguments. To remedy an evil which troubled tho stream of justico at the in-head, he, with his usual maguiticones of con- ception, projected an institution to be founded in London, for the systematic study of ull branchos of the law. He , even furnished an architectural model for the building, which was considered 4 masterpiece, and remained long after his death as a curiosity in the palace at Greenwich. Buch an institution ts still a desideratum in England,
90 CURIOSITIES OF LAW AND LAWYERS, for,
with splendid exceptions, it mast be admitted that English ape though very clover practitioners, are
‘not such jurists as are to be found in other coun tries where law is systematically studiod as a science —
1 Camp. Lives of Chance, 507.
WILLIAM THE CONQUEROR'S CENTRAL COURT OF LAW.
William the Conqueror’s plan was to have a grand cen- tribunal for the whole realm, which should not only be. of appeal, but im which all causes of importance an aud be finally decided. This was after- orks
1 tl ings e Tiamat na incase an wero
and over them presided the Grand Justiciar. King himself, he was chief in powor and eS ree tre pepe leer hey 0 the a Bat eatell tos, the guardian of the public
aR of the Lamar ye Tn rank he had the it the nobility, and ie pease Gus that of all other eeottherens administration justice continued nearly on tho same footing for eight Teij extending over rather more than two centarics. ‘AWuovgh, dering: the whole of this period, the Ania Regis was preserved, yet, for convenience, causes, accord. ing to their different natures, were gradually assigned to difforent committees of it;—to which may be traced the Court of King’s Beneh, the Court of Common Pleas, the Court of Exchequer, and the Court of Chancery, — 1 Camp. Ch. Ja, 303,
COURTS OF LAW MADE STATIONARY,
There was introduced under Edward IIL. a great im- provement in the administration of justice, by rendering
* the Court of Chancery stationary at Westminster, Tho ancient kings of d wore constantly migrating — ‘one principal reason ep hh eee the country, even with the aid of purveynnce and pre-
fit
a i |
at fet i F : c i
rH
LAW; §T3 AUTHORS, REFORMS, AND couRTS. 91
ition, could not long smy the Court and all the cal ch are eer Ha kind due to the King ‘could be best; consumed on the spot, Therefore, if he ae Christmas at Westminster, he would keep Easter at Winchester, and Pentecost at Gloucester, visiting his many ‘and manors in rotation. The Aula Regis, and rds the Courts into which it wus partitioned, were ambulatory along with him—to the great vexation of the suitors. “This grievance was partly corrected Magna Charta, which enacted that the Court of Common Pleas should be held in a “certain place,” a corner of Westminster Hall being fixed upon for that purpose. In joint of law, the sos) a an 's Bench and Ue of ancery indy sti eld in any county of England, “wheresoever in England the King or the Chancellor may be.” Down to the commencement of the reign of Edward TIL, the King’s Bench and the Chancery actually had continued to follow the King’s person, the Chancellor and his officers being entitled to part of the purveyance made for the royal household, By 28 Edwa: Lord Chancellor and the justices of the Ki were onored to follow the King, so that he mi atall times near him sages of the Jaw able to order all matters which should come to the Court. But the two Courts were now by the King’s command fixed in tho places where, unless on a few extraordinary occasions, they continued to be held down to our own times, at the upper end of Westminster Hull, the King's Bench on the
multitude from pressing on tho judges, The Chancellor, ‘on account of his superior dignity, had placed for him w great marble table, to which thera’ wan an nacent by five Or six steps, with a marble ebuir by the side of it. The marble table and chair aro said to have been displaced when the Court was covered in from the Hall—1 Camp, Lives of Chane, 218,
SHOPS IN WESTMINSTER HALL ABOLISHED.
“Tn 1630, one Saturday night, a woman having negligently loft a pan of eoals cinlanonast ate alaliege
he
CURIOSITIES OF LAW AXD LAWYERS.
2 “ify let lndee ry septate lear do pass
i 4 4 5 z : i E 3
three were burnt up. And the flame mounted so on the west side of the Hall as not only some of the ' wings were singed, but the fire took hold on the and not Mr. Squib, one of the tellers of the chance throvgh the Hall betimes hired two sailors to climbup and four places and pour down Hall had been burned down. So now is will suffer no more shops to stand
iin il FE
2 i 3
CHANGING THE SITRS OF COURT.
That Land Kecper pre) the time of Charles 11, was not a judge of eniaa views, one may ¢on- jecture from Me celebrated construction of the (fe ‘of Magna Charta providing for the due administration of justice. The Court of Common Pleas, in the reign of Charles IL, was pay {sore ances Boe near the
northern gate; the j , counsel, attornes Si and Poste bakige tank esired by eared
should be removed to an adjoining recess, from whieh the
voice of the serjeants, when eloquent, might still have
been heard in the hall; but the Chief Justice would
1 ehapente agree to this innovation, “For the Great
that oe ot of oa
his progresses, in
so that, the Apes removal,
lings of the Court would be a coram aon judice, and vou] © North,
COMMONWEALTH WGI COURT OF JUSTICE
When the ordinance to constitute the High Court ot Justice was first introduced into the House of Coumons, Seriesny Seeceiear ene nisstlidn thos sa seslahen aly,
it ins further ts was promoted to Tarraticof Gocustotae: inpaxiecen ‘resident of the Court to try Charles L For the occasion ho had a
LAW: E18 AUTHORS, REFOSMS, AND covnTS. 93
thick crownod beaver hat, lined with plated stool, to ward off blows in the event of any publie tumult,
A HIGH COURT oY JUSTICE.
The Lord Protector Cromwell was obliged, on the discovery of a royalist plot, to resort to a very iat measure, by establishing a High Court of Tustios, whi was to decide on life or death without a jury, and without the control of any known law. The Lords Commis- sionors of the Groat Seal were placed at the head of it, ‘and Lord Lisle acted as President.
‘Tho name of the High Court of Justice was revived in the reign of Victoria, when some of the old courts were rearranged, and a new Palace of Justice (called the Royal Courts) was built at Temple Bar.
COURTS OF JUSTICE OPEN TO THE PUBLIC.
A court of justice is open to the public; and any person whatever, whether interested or not by reason of inhabitancy or otherwise, is entitled to enter, if there in room for him to be there. All the superior courts are
of places must necessarily reside in the judge, otherwise taken possession of by the first
comer. Thus it follows, that the presiding officer, whether he be judge, coroner, justice, or sheriff, has the control of the proceedings, the power of admission
or exclusion according to his own discretion. In all courts of justico there are occasions when matters are
| or ought ta be conducted in privacy and to avoid scandal; and it rests with the judge of the court, exclusively and without appeal, to determine when such an occasion has arisen, Tho proprisi of his decision cannot be questioned
im any action ; for this being n matter within his juris- diction, and no judge being amenable to an action for anything done in the execution of his office, it follows | that no one has a remedy by way of damages for any
4 CURIOSITIES OF LAW A¥D LAWYERS. mistake. And this is tho rule 4) apy tana hn great and small.—Paterson's Lib, “
THE OLD MARSMAL'S Count.
Hyde, afterwards Lord Chancollor Clarendon, when in fouse of Commons, had tho honour of striking the
first blow in the House at a specific ‘This was oF ark Marshal Coan, whieh i Court of Honour, or Earl dea pore eptincee bello
jon. Ho mentioned eye instances eciclapas
elect, A citinn was ruinously Sed by. tis
because, in an altercation with am insolent waterman mrho wished 10 impo upon him, he deridingly called ‘the awan on his re. ‘The case was it writin the jerisdiotion of Court by showing that the ‘waterman was an eiag servant, and that the swan was the Earl's crest. The citizen was so severely punished for “dishonouring” this crest. Again, a tailor who had sai Weey mney asked payment of hin Bil froe
a customer of tle Wood, whose was daly Feglatored ab the Herald's College, on & thisat of personal violence for his importunity, was provoked a5 bt that “he was as good & man a4 his creditor.” offence, which was alleged to be a levelling ue the , he was summoned before the Marshal's Court, and mereifally dismissed with a repri- mand—on releasing the debt While the House was thas amused and excited, See successfally concluded his maiden speech by telling them that not only was the Court ve to the humbler clasecs, bat that its exactions wore onerous to the nobility themselves, and to the whole body of the gnntry of England.
"This obnexivus Marvhal's Coart had not relaxed in its mischievous activity since its recent exposure; and Hyde, who now “spoke smartly and ingenuously,” ssid that for words of supposed defamation, of which the Inw took no
ment of the Earl Marshal in two days, than bs mek all the actions tried in all the Courts in Westminster Hall during
i hes E ift ;
LAW: ITS AUTHORS, REFORMS, AND couRTs, 95
this prpeee Se Court mp qederi ‘ing the present rei tho earliest precedent of its enter- tained a it of words being in the year 1 ‘The committee reported, “that the Constable's and Earl Marshal's Court has no jatisdiotion to hold plea of words, ‘that the Enrl Marshal can make no Court without the ote and that the Earl Marshal's Court is a griev- ance.” ps was adopted by the Honsa; and 30 feito was, arate whieb, unchecked, might ve been confirmed by that the Karl Mars bonged pardon for what ire done, throwing the blame pon his advisers, and, without any bill to abolish it, * the Court never prosumed to sit afteewards,"—3 Camp, Chane, 121.
A JUDGE ARBESTED IN COURT.
yde was a member of the Committee for inquiring
as th ille a eo the 8 ec shij money, wal na Paice ia"prang the te
Lor hare reper Sys the ers eer Fh 80 : aes Justice Berkeley, that the learned judge, parity sittin, in the Court of King’s Bench in his robes, was ‘creat and brought: away prisoner through Westminster Hall, ba i of people. Seo this incident noticed also ante,
THE STAR CHAMBER,
Tord Bacon and Lord Coke particularly praised the statute of 2 Honry VII. c. 1, contrived to extend the irisdiction of the Star Chamber, which they called “a
trtsto Criminal Equity,” and which, not being governed by or certain rules, they considered superior to any other Court to be found in this or in any other nation. Ut was certainly found « very useful “instrument of LE Ar during the whole continuance of the Ti lee but its authority being still strotehod _in opposition to a growin loge of ete it mainly led 8 UN alarihy of the Stuarts and their expulsion
6 le Lord Campbell onid ho wished that therw had been
le
96 CUBIOSITIES OF LAW AND LAWYERS,
to us the debates on the abolition of the Star
REE Pie wale no Seen hak is aA ocaten exceed
to it ey greatness, country, and prophesied from its jom the Gad a mn
prevalence of fraud, anarchy, and in land,
herent in all courts of |, thoagh the occasion and extent of this summary jurisdiction have given rise to nice distinctions It is said to be a necessary incident to every court of justics, whether of record roe irs fine and imprison for'a contempt acted in the face of it. ‘This exercise of power is as ancient ns any other part of the common law. If the course of justices is obstructed, that, obstruction must be violently removed. When
Chol Jestice Wilmot, who put this doctrine as'Righ eH could te pal, end kcaminad Abs: anther tis, tae iy mang that the object of courts having the pone of
uunishing by attachment for contempt was “to keep a Blass of alizy wound the jeden audit detec: people from attempting to render them contemptible in the eyes of the public”"—Paterson's Lik. Press, 122.
CHIEF JUSTICE GASCOIGNK COMMITTING THE PRINCE OF WALES,
the prince being advertieed and incensed, lyghte rei niaane Hiar Wctericuanagenaian beat peG
LAW? IPS AUTHORS; REFORMS, AXD Counts. 97
barre where his servante stode as & prisoner, and com. manded him to be ved and sot at libertio; whereat wil men were abashed, reserved the Chiefe Justice, who humbly exhorted the cpa to be contented, that his servant mought bo ordred seoeasage to the aunciente Tawes of this realme: or if he wolde have hym saved from the rigour of the lawes, that ho shulde obteyno, if he moughte, of tho kynge his fathor, his gratious pardon, whereby no lawo or justyco shulde be dorogate, With which answore ee) nothynge appeased, but. rather more inflamed, endevored hymsclfe to take away his servuant, The juge considering the perilloas example and inconvenience that mought thereby ensue with a valyant spirite and courage, commanded the prince upon his alegennce, to leave the prisoner, and depart his way. With which commandment the prince being set all ina fary, all chafed and in # terrible maner, came up to the placo of jugement, men thynking that he wold have slayne the juge or have done to hym somo dainage; but tho juge sit, atyll without moving, declaring the majestio of tho kynge'’s place of jogement, and with an assured and noble countenance, to the prince these wi wyny : “«Syr, ranacire yourselfio, a hore the place of
fathor, to whom yo
thon, whycho hereafter shall bo your propre subjectes ence, go you
commyte you, and remayne ye there prysoner untyll the pleasure of the kynge your father be further sawan | With whiche wordes being abashed, and also. won- | dryge at the mervaylous gravitie of that worshypfulle 4 the noble pase layinge his weapon aparto, | ig reverence, departed, and wont to the kynge’s Denchs, as he was commanded, Whereat his servauntes eeernings, came and shewed to the kynge all the hole affaire, Whereat he awhyles studyengo, atter as a man _ ravyshed with gladnes, holdynge his cien and handes up towarde heven, abraided, saying with a loude voice :— 7
98 CURIOSITIES OF LAW AND LAWYERS.
**O merecifull God, howe moche am I, above all other men, bounde to your infinite specially for that
have gyven me a juge, fearcth not to minister justyoe, and also a soame, who can suffre semblably, and ‘obey justyce!""
A JUDGE ROHRED ON THE BESCH.
‘The Chancellor Sir T. More did not despise a practical joke. While he eld his City office as Recorder, be used faage to attend the Old y Sessions, where there
iresome old justice, “who was wont to chide the poor men that had their purses cut for not keeping them snore warily, saying that their nogligence was tho cause there were so many cutperses brought thither.”
To stop his prosing, More at last went to a colebrated then in prizon, who was to be tried next day,
ised to stand his friend if he would eat this
sever urae whilo ho sat on tho bench trying him. thief being arraigned at the sitting of the Court next soning, said he could excuss if sufficiently if bo
were but permitted to speak in private to one of tho bench. Ho was bid to choose whom he would, and ho chose that grave old justice, who then had his pouch at his girdle. The thief stepped up to him, and while be roanded him in the ear, cunningly cut up his purso, and, taking his leave, solemnly went back to bis place. From tho agreed signal, More, knowing that the deed was done, proposed a stnall subscription for a poor needy fellow who had been acquitted, by himself setting a liberal example, ‘The old justice, after some hesitation, expressed his willingness to give a trifle, but finding his ear cub away, expressed the greatest astonishment, as
said be was sure he bad it whea he took his seat in
Court that Moro replied, in a pleasant manner, “What ! will you change your brothren Of the bench with folony 1" Th jin becoming angry and ashamed, Sir ‘Thomas called the thief and desired him to deliver up the
Cee ak pani ack aed meh _ since be himself could not ies fe when ‘iding ase jodge ab the trial of cutporten, ——
LAW: ITS AUTHORS, REFORMS, AND CouRTS., 99
Lord Campbell relates this story of Sie John Sylvestor, Recorder of London, “He was in my time robbed of bis watch 6 thief whom ho tried at the Old Bailoy, During the trial he happened to say aloud that be had forgot to bring his watch with him. The thief boi acqoitted for want of evidence, went with the Recorder's lore to eel pel and requested that she would immedi: his watch to him bya constable he had ordered ta fetch it.” -
“Soon after I was called to the Bar, and had published ‘tho firat number of my “Nisi Prius Reports,’ whilo de- fonding a prisoner in tho Crown Court, I had occasion to consult my client, and I went to the dock, where T conversed with him for a minute or two. I got him off, and he was immediately discharged, But my joy was soon disturbed; putting my bund into my pocl
the ‘junior’ of the circnit my quota for yesterday's Ree r¢ found that my purse was gone, containing several bank-notes, the curroncy of that day. ‘The inei- dent causing much merriment, it wa: communicated to Lord Chief Baron Macdonald, the presiding judge, who said, ‘What! does Mr. Campbell think that no one is untitled to take notes in court except himself?'"—1 Camp, Lives of Chane, 595.
LAWYER ROBBED ON HIS WAY TO COURT, AND A FRIENDLY STRATAGEM IN HIS FAVOUR.
The London Post of ist June, 1700, reported this ad- venture. “Dwo days ago, Mr. Simon Harcourt (afterwards Lord Chancellor), a lawyer of the Temple, coming to town in his coach, was robbed by two highwaymen on Houn- slow Heath of £50, his watch, and whatever they could find valuable about him; which being peresived by o
‘on horseback, he dogged them to a distance ; and thoy taking notice thereof, turned and rid up towards him; oe which he, counterfeiting the drankard, rid Ghent, pods es be sipped the Kings Hogtat wish
ws il i the King's fish with bei ee too much, peti cin to drink a pot, offering to treat them, if they would but drink with him}
100 ‘CUBIOGITIES OF LAW AND LAWYERS.
whereupon, believing him to be really drank, loft pa Cae ee again; and he still followed them till ho camo to Kew ferry, and when thoy were in the ‘boat discovered them, so that they were both seized and committed ; by which means the gentleman got again all they bad taken from him.”
APPLAUDING COUNSEL IX COURT,
yy. The advocates of ancient Rome, in its palmy
they
hired and bought a rabble to follow them about and elsp them ; as Pliny the you , himself a leading advocate, deseribed the practice with contewpt. He says the firet who introdaced the practice was Licinins, though all
125 did at first was to invite people to como and hear him, Qointilian told Pliny that it happenod in this way. One day Domitius Afer was pleading before the contuinviri in his slow and impressive way, when on a sudden s shout- ing and clapping wax heard in n neighbouring court. He paused in astonishment, and resumed after a grave look of indignation. Again another shouting, and another pause. A third time it occurred, and the advocate asked what it was, He was then told it was Licinius addressing the
drums, and the yelling apd shouting became
once if it had not boen that his friends thought be might as well make a little more money first.
‘THE JUDGRS URPRARING THE CASE TO A MILLISER.
Ince. This body was to correspond with the skirt
LAW: ITS AUTHORS, REFORMS, AND courTs. 101
and no other details were entered into. The milliner followed the pattern of the border, and not of the skirt, and the sh lady refused to accept the dress, Her counsel ‘tho dress in court, and the judges being |, referred the matter to a celebrated lady, a Ince ler, who returned her lacid Gap on stamped paper, and duly sealed, as follows; “It it be true in princyple that the custom wna to make the body correspond with She skirt, yo in fact good. anes and good tte concur in ifying the dings lame Troyes, who, eman- arate bersall from the traramets of routine, had boldly dared to substitute for the happy accomplishment of her object the rich and tasteful design of the border instoad the mean and paltry one of the skirt!”
COURT POSTPONING JUDGMENT FOR A HUNDRED YEARS.
When Dolabella was proconsul in Asia, a woman of EMM accused before him of poisoning her husband son. She admitted the fact, but said that they had by killed another son of hers, who was a most excel and blameless youth. Dolabella referred the chee to his council, and they neemed to think it was not @ fit case for punishment. The case was then referred to the Areopagites at Athens as the most spite je ‘That court was so perplexed that it udjourned the hearing to that day one hundred yeurs thence.
‘Aristotle told « similar story of a woman who was violently inlove with a youth who was not much in love with her, and she gave him a magical potion to restore hia love; but he, unfortunately, uied in the operation. When charged before the Areopagites with murder, they ‘were satistiod she never meant to kill him; so they adjourned tho further hearing sine die,
COURTS JUDGING FOR THEMSELVES AS TO AN ALLEGED INDECENCY.
‘The jealous Toledo clergy wished to put down the Bolero orn Spanish dance), on the pretence of immorality. The dancers wore allowed in their dofenes
to exhibit a specimen to the Court. When they began, Hap tealls al Cis tac showed 'gynictaen of oon, and at casting aside their and they joined, as if under some uncontrollable impulse, in the
famasement, Verdict for the defendants, with coos,
DIPOUNDING A DOCUMEST IM COURT,
et ee ae ee par- tiealarly instructed & certain deed unless it was nbsolately . Notwithstanding this, he produced it in order to decide the business at once. On examination di te Id sacl ocd by hia client's seated behi had
warmly romonstrated. Mr. Justice Bayley, who tried the cause, ordered the deed to be ii ded, so that might be instituted, Before this could be Kr Holce Toquested leave to peat it,and on us handed to him immediately returned it to his ‘The remonstrated, but in vain. Mr. Hullock “No power on earth should indwes him to surrender it. He wa incantiously put the life of a fellow ereature in eee ; and though be had acted to the best of his discretion, should never be happy aguin, were a nd yee to -—not sorry, perhaps, for an on the deliv of the deed, ng ‘¢ messures until he had con- sulted sere von or judge. The consultation came too late, for the deed was destroyed without delay, and the *ttorney excaped.
A SERJEANT COMING LATE INTO COURT.
A learned serjeant kept the Court waiting one mornit np a few minutes, The business of the Court commen nt nine, “Brother,” said the judge, “you are behind = time this morning. Tho Court has beon waitir you.” “I beg your lordship’s pardon," repl Pedcctien Het nla Noh than usual in
in at Sra Wine Sindscl? said tether, ‘8 little surprised for the moment ; Tees ater
—
LAW: ITS AUTHORS, REFORMS, AND counts. 103
my dog Shock beats your lordship hollow, for he has nothing to do but to his coat, and thinks himself fit for any company.”
“BY ALL MBANS PROTEST AND GO,”
Henry Hunt once took up the cause of a boy who was Bet Joke toe pct of the bey Doge procrta
ere, Ua) on the io logood, seis aaa mivocate, His lordship cast a moment's glance on the printod list, and quietly said, “Mr. Hunt, I sce no name of any boy Dogood in the paper of causes,” and turned towards the door of his oom. “ My lord,” vociferated the orator, “am I to have ‘no redress for an unfortunate youth ? t thought your lordship was sitting for the redress of injuries in a Gourt of justice.” “Ono, Mr, Hunt," still calmly reeponded the judge; "I wm sitting at Nisi Prius; and 1 have no right to redress any injuries, except those which may be brought before the jury and me, in the causes appointed SS Saeed Tord,” then a Leet ae
6 unexpected amenity of the judge, “
desire to “Oh, is that romp bad borough; “by all means protest, and go about your ‘business |” Mr. Hunt protested, and went about his ‘business ; and my lord went unrufiled to his dinner, and ‘Voth partivs wore content,
ACCIDENT DURING TRIAL KILLING THE ATTORNEY.
When Justico Wilmot was trying a cause at Worcester assizes in 1707, stack of chitneys was blown over on the roof, and Lent it down over the court. The judge sitting up close to the wall escaped without hurt; but the attorney in the cause and another man were killed, as wel ax two of the juryinen; and roany were wounded, Most of the counsol hail left the court, and the judge was summing up, otherwise more deaths must have beon caused,
TENGE STOPPING A Nowe I covRT,
Tord Hermand, the Scotch judge, while prosidis Court, hoard a noise near the door which annoyed
in
104 cuntosrrres 62 Taw axD Lawynns.
and called out to the officer, “ What i that noise 2" “It's aman, my lord” “What does bo want?” “He wants
want now?" *He tants out, my lord” “Then keep im in—I aay, keep Mm inf”
A WAG BRINGING A MUSICAL SXUFF-nOx INTO COURT.
When Lord Hermand, the Scotch judge, was teyi criminal cases on circuit, some wag put a musical snuff: box im one of the seats, which played “Jack's alive.” ‘The music struck the audience with consternation, and tho judge stared in. the air, looking unutterable things, ‘and frantically called out to the usher or maccr, * Macer, what, in the name of God, is that?” The macer looked round im vain, when tho wag called out, “It's ‘Jack's alive’ my lord." "Dead or alive, put him out this moment,” called out the judge. “We cannot grip him, my lord.” “If be has the art of hell, let every man assist to arraign him before me, that I may commit him for this outrage and contempt.” Everybody tried to discover the offender, and fortunately the music ceased.
anda, and the
Bat it began if an hour al
judge exclaimed, “Is be there again? By sll that's cred, be shall not escape me this time—fonce, bolt, bar the doors of the court, and at your peril let a man living or dead escape.” All was bustle and confusion, the officers looking east and west, and up in the air, and down to the floor; but the search was vain. The judge at last to suspoct witchcraft, and exclaimed, * This ina ‘io avris—it is ae a eee
hantasnngoria.” And to the of his denth the j
arectansiesioo! ike precive pics of thin pet ey |
‘THE USHER OF THR COURT. One of the ushers of the Court of Sesion who was
rather noted for drunkenness was carrying in a couple of candles as the Court was sitting late one afternoon.
DAW: IT3 AUTHORS, REFORMS, AND counts. 105
‘Mr, William Carmichael, advocate, who was remarkably Thumpbacked, and greatly loved a little mischief, stretched as the usher
out bis lege 5 : J, which a that funetionary come down wil great noise, 0 Lord President flow into a ‘ion, calling out, * You
Deuat, thinis insullerable.” ‘The usber, gathering hhimaolf up with dignity, addroasod his lor ly “An’t please your lordship, I am not drank; but seth ion Kas tnging the odo, fll ovo
Me back” ‘This sally put the rede ise 1a gnod teancat
ANOVUER USI OF THE COURT.
O'Coonell told a story of an usher in an Irish court one day boing anxious to thin the court, and who called Ce ye blackguards that isn't lawyers, quit the coor
OLD GRIEVANCE OF CHANCERY DELAYS.
“The Chancery,” says a contemporary pamphlet in the time of ike Oorseanwonlth, “so eat paieraoe; one of the greatest in the nation. Ib is confid affirmed by knowing gentlemen of worth, that there am
ling in that court 23,000 causes; that some of thom have been depending five, some ten, some twenty, some thirty years and more; there bars ‘been, spent in causes many’ Irondreds, nay thouands of Bounds a the undoi many families ; what is ordered one is contradicted the next, so us in some causes there have ‘been 500 ordera”
ONE ORIOIN OF CHANCERY DELAYS.
Lord Keoper Bridgman had been a celebrated lawyer, and sat with high esteom in the place of Lord Chief Justice of the Common Pleas. The removing him from thenee to the Chancery did not at all contribute any inerense to his fame, but rather the contrary, for he was
to an impotence, and that not mended by his age, He laboured very much to please eve ody, and that is.o temper of ill consequence in a judge. It was
ns
106 © 0s euntosiTims OF LAW AXD LAWYERS.
observed of him, that if a ease admitted of divers doul which the lawyers call points, be would never give
on oné side, but either ro should have somewhat to goaway with. And in his time the Court of Chancery ran out of order into delays and endless motions in causes, so that it was like a field overgrown with brians And what was the worst of all, his family were very ill qualitied for that place; the lady being a most violent intrigueress in business, and bis sons kept no good decorum whilst they practised under him; and he had not @ ‘of mind and strength to coerce the eauss ‘of so much disorder in his family—North’s Life of Lord Kooper, 83.
RLDON'S CHANCERY DOUHTS, AND KEEPING THR KixG's CONSCIENCE,
Lord Brougham snid of Eldon: “He who would adjourn & private estate bill for weeks unable to make ap his mind on one of its clauses, or would take a month to decide on what terms some amendment should be allowed in a suit, could without one moment's hesitation resolve to give the king's consent to the making of laws, whon His Majesty was in such a state of mental disease that the keeper of his person could not be suffered to quit the royal closet for an instant, while his patient was with the keeper of his conscience performing the highest fanction of sovereignty.”
DEALING WITH THE SUITOR's MONKY IN CHAXCERY.
To check abuses in time to come, Lord King, when Chanccllur, with the comeurrence of the Master of the Rolls, remodelled Lord Macclesfield’s order, forbidding Mastera in Chancery any longer to make use of suitore money for their own advantage, und commanding then: forthwith to pay all yams recived by them into the Bank of England, This for the future secured the prin cipal of the money, but would not have dono justice to tho suitors, whose furtuncs might be locked up many Years in the course of administration, or pending & eon plicated litigation, A plan was therefore devised whereby
LAW> ITS AUTHORS, REFORMS, AND COURTS. 107
interest should be allawed to them in the meantime, tho money being vested in public securities in tho name of a new officer, acting under the control of the Loni Chan- cellor, to bo called the Accountant-General. This was carried into effect by two Acts of Parliament, 12 Geo. 1. ce, 82, 33, the onc entitled, “An Act for better securin, the Monies and Effects of the Suitors of the Court Chancery ;” and the other, “An Act for the Relief of the High Court of Chancery.” “Happy had it been,” says Oldmixon, “if the Acts had farther relieved the suitors in that court, by regulating the litigious, tedious, and expensive suits, and the enormous extortions of hungry solicitors, and the vexatious and changeable attendances upon Masters, which render even a Court of Equity in too many instances equally ruinous and terrible.” But the difficulties in the way of further improvement were probably then insurmountable.—4 Camp, Chance, 639,
108 = cuntosrries oF Law AND Lawrens.
CHAPTER Ivy.
ABOUT ADVOCATES, PLEADERS, CONVEY- ANCERS, AND ATTORNEYS.
UE MORALITY OF ADVOCACY.
“1 asked Dr. Johnson,” says sae! aa = a moralist, be did not think that the practice of law, in some degree, hurt the nice feeling of Nenestyr Johnson. “Why, no, sir, if you act properly. You are
Bot to deceive your clients with false representations of
DS gi gee hit ng Ae alld “But what do you think of » ou know to be bad?” Joknaon
it to be good or bad till the judge determines it. Thave mid that you are to state facts clearly; so that our thinking, or what you call Bee toe sare to he bad, mast be from reasoning, must supposing your arguments to be weak and pps tbe Bat, sir, that is not enough An argument which docs not convince yourself, may convince the judge to whom You urge it; and if it dos eonvinee, him, why, then, sir, you are wrong, and he is right. It is his to Judge: and you are not to be confident in yoor own opinion that a cause is bad, but to say all you san for your client, snd then hear the jodge’s Bowcell. ” But, sir, does not affecting a warm! when you have no warmth, and sp; to be clearly of one rar ty when you are, in reality, of another lene =
Tok sech 'Uiesimelation impair one's howesty? Is there not some danger that a lawyer may put on the same mesk in common life, in tho intercourse with his frends?” Johnson, * Why, no, sir, Everybody knows
ABOUT ADVOCATES, PLEADERS, ETO. 109
no paid for affecting warmth for your client; and he toler ly no dissimulation; tho imoment ‘come from ‘You resume your usual behavionr, ey artitice of the bar ‘into the common intercourse of society, than a man who is paid for tumbling upon his hands will continuo two tumble ‘upon his bans whon he should walk upon bis
Eee
A CLIENT ENTITLED TO HAVE HIS VIEWS POT I¥ THE BEST WAY,
“Sir” anid Dr. Johnson to Sir William Forbes, “s lawyer has no business with the justice or injustice of the cause which he undertakes, unless his client aske his opinion, and then he is bound to give it honestly; the
‘or injustice, of the cause is to be decided uy the dee. Consider, sir, what is the ya of courts of ie ico his eause fairly
salvation argament, If, by a superiority of atten
ige, of skill, and a better method of Satsaieet, a lawyer hath the advantage of his adversary, it is an advantage to which he is entitled. There must always be some advan on one side or ‘the other, and it is better that that advantage should be by talents than by chance,"—Boswell's Johnson.
THE FUNCTION OF TIKK BAL,
D'Aguesseau, the colebrated Fronch advocate, said of the bar: “Tt is an ordor ax ancient as the magistracy, ax ‘noble a8 virtuo, as nocossary as justico; it is distinguishod th @ charactor Bl : esas! to and it ve aloe
ways muintsins the peaceful on
ae ha wivouth is fed withoue ing useless to his country; he devotes himself to the public without being a slave to it.”
110s cuntosrrims oF LAW AxXD LAWYERS.
Berryer, at a Jator date, said this: “Tho independence of the os melwachs le coat ivan aesoe: Se Tal and the violence of authority, against the violation of
law, against te tint ‘We have ev i Eisecaitin raison malate us eoeatome while it is waintainodand respected. There will triumph,
I trust, the ing efforts of right reason, of the spirit of justice, of public integrity, There, at Icast, in the words of D'Aguesscau, will resound tho last ery of expiring
ERSKINE ON COUNSEL AND CLIENT,
Several of Erakine’s friends earnestly persuaded him to refuse the retainer of Tom Paine to defend him agninat the ition for seditious libel; and among theve was Lord Loughborough, who ought to have known better, but who thought that at last he had the Great Seal within his grasp. Erskine himself, many years after, gave the following amusing account of their interview: “In walking home one dark November evening, across Hampstead Heath, I met Loughborough coming in an opposite direction, apparently with the intention of meet- ing me. He was slo on foot. ‘Erskine, he said, ‘I was Spiny you) aes Ts have something important to. com- municate to you’ There was an unusual solemnity in his manver, and a deep hollowness in his voice. We wore alone; the place was solitary; the dusk was
ing around us; and not a voico, not # footatep, was within hearing, I felt as Hubert felt when John half openod, half suppressed the of his soul, in that awful conference which Si re has so finely
adiinistration of criminal justice, his was eee Som in eee oe him in the Government newspapers. advocate
ABOUT ADVOCATES, PLEADENS, RTC. LILI
refuses to defend from some opinion he may have of the charge or of the defence, he asyumos the character of the ; nay, ho assumes it before the hour of judgment; in proportion to his rank and reputation, puts the heavy influence of perhaps a mistaken opinion into the scale 4 a ated: in Se ee) the Henayeiant princip! ish law makes all presump! which tee the very judge to be his counsel. In his speoch Erskine proceeds to the defence, and lays down, with admirable discrimination, the limits of free discussion on political subjects. Erskine afterwards said, *T owe it to his Royal Highness to express my opinion that, circumstanced as he was, he had no other course to take in those disgraceful and ‘disgusting times, and that my retainer for Paine was made a pretext by the King’s Ministers for my removal.”—6 Camp. Chane, 457.
ERSKINE A HEAVEN-BORN ADVOCATE.
Erskine being junior, in his first ease threw out insina-
jons wich for his interference with Greenwich Hospital. Lord Mansfield, obyerving the counsel heated with his subject, and growing personal ‘on the First Lond of the Admiralty, told him that Lord Sandwich was not before the Court, Hrsicine, “I know that he is not formally before the Court, bat for that vory reason I will bring him before the Court, He has placed these mon in the front of the battle in hh to escape under their shelter, but I will not join in battle with them; their vices, though screwed up to the highest pitch of human depravity, are not of dignity vindicate the combat with mo, I will drag it, who is the dark mover behind this scene
I assert that the Eurl of Sandwich has
suffered his own Nederesh. & yereyall Over hia publla duty. in placing his voters in the hospital. But if, on the con- tmry,he continues to protect the prosecutors, in spite of
112s ouRtosrrizs OF LAW AND LAWYERS.
: ; f : :
that even y discharging the rule, and with costs, the
neither protected nor restored. I trust,
therefore, your loniships will not rest satistied with fal-
Ailing vost odicial duty ; but, as the strongest ovidence
of foul abuses has by accident come collaterally before
you, that will protect @ brave and public-spirited
the persecution this writing has brought wpon
him, and not saffer so dreadful an example to go abroad into the world, as the ruin of an upright man i
ly dis his duty. My lords, this matter is
Inst importance, I speak not ax an advocate alone.
I speak to you as aman, as a member of a state whose
's palaco instead of @ prison who ents the palace ballt:by: the poblio Eousty of Iw ‘country’ from being
ABOUT ADYOOATES, LEADERS, BTC. 118
converted into a dungeon, and who sicrifices his own security to the interests of humanity and virtue. And, now, my lords, Ihave done; but not without thanking your lordships for the very indulgent attention I have received, though in so Inte a stage of this ding, and notwi ing iny great ocayecliy inexperience. ey ian ands, and T resign him with a well-founded confidence and hope; becwuse that torrent of corruption which has beens overwhelmed every other part of the constitution is, by the blessing of be bee here by the sacred independence of the judges, I know that your lordships determine according to law; and therefore, if an information ‘bo suffered to be filed, I will bow to tho sentence, and shall consider this meritorious publication to be indeed an offence against the laws of this country; but then T shall not scruple to say, that it is high time for honest man to remove himself from a country in whicl hie can no longer do his duty to the public with safety, whens ‘and inhumanity are suffered to impeach virtue, and where vico passes through a court of justice unpunished and unreproved.”—Lrskine’s Speeches.
COUNSEL COLLECTING 118 THOUGHTS.
Tustice Gurnoy, when at tho bar, was considered an in criminal law, and at the Old Bailey he rose
toainly by his gravity, and tho skilful use of two phrases, “Hush "and “Shut that door!” Whenever he wished for moment's pause to collect his thoughta or to give his witness time, he affected to h pin fall, and complained of the noise. “My lord, impossible for the jury to hoar what I have to say in this confusion.” By stoadily adhering t this course the ushers and doorkeepers were forced to attend to their duty; and those who were not familiar with the court inferred that as silence ‘was more complete while Mr. Gurney was speaking, he must be worth listening to than any other man. ‘They listened : what they heard was , though not eee ‘His reputation increased till he rose to the
8
731] me j FF; Hee (al ee ie AEE “ys E a3 ‘ (ei ie Ab eal as Up ae z AH rf at ie ; H LE j if 4] MifE ais ik; Het yn ea 4 Jai ba it a Uae i iH Bi uit i THEE a LT
ABOUT ADVOCATES, PLEADERS, ETC. 115
ik Sith iad in eats sign ee 1 sent @ number of nec! jople ought to possess who ride in his vebicles.” ae 3
COUNSEL USING AN OATIL IX 1 SPEECK,
There was witnessed in 1781 the single instance recorded in our judicial annals of an advocate in o court of justice introducing an oath by the sacred name of tho Divinity; and it was introduced not only without viola~ tion or olfence to pious ears, but with the thrilling sensations of religious rapture, enught from the lips of the man who, as if by inspiration, uttered the dreadful sound. Arguing upon the construction of certain words attributed to Lond Saas Gordon, Erekine, his counsel, exclaimed, “ But this T will say, that he must be a ruffian, and not 6 lawyer, who would dare to tell an English jury that such ambiguous words, hemmed closely between others not only innocent, but meritorious, are to be adopted to constitute guilt by rejocting both introduction and sequel.” Then, after noticing the offer made to the Government by the prisoner himself to quell tho disturbance, Erskine ventured upon the following bold and oxtraordinary sentence: “I say, by God, that man is a roftian who shall, after this, presume to build upon such honest, artlees conduct, as an evidence of guilt.” ‘he sensation produced by this daring appeal to the
of the jury, and by the ic of the voice, the
eye, the face, the action with which it was attered, is
related by those present on this memorable occasion to
have been electrical. Svme have supposed that the oath
was premeditated ; but it has been well obsorved that
intuitive and momentary impulse could alone have
a flight which it alone could sustain; and aa
ite failure would indeed have boon fatal, so its eminent
success must be allowed to rank it among the most famous feats of oratory. —6 Camp, Chanc., 411.
IRISH COUNSRE USING THE SIMILE OF THE EAGLE.
A young Irish barrister in course of his speech began to use a simile of “the eagle wonring high above the
116s cuntostries oF LAW AND LAWYERS.
a bund aaa the restless foot of the Engli
w ie roneretteve is it that canses thia river ios in the epee and to wopty itself into the
of sti Ait wold ake, feolioa reolornover abe esses
ocean? is it that caums to blow the loud winds of winter, and that calms thom again into summer?
ABOUT ADVOCATES, PLEADERS, BTC. 7
COUNSEL SLANDERING THIRD PARTIES IN DEFENCE OF WIS CLIENT.
At a trial of a cashier of a bank for embezzlement, Rufus Choate, the American advocate, appeared for the defendant, with great force that his client ‘had been compelled to do what he did by the order of ‘the directors, and they alone were rasp. and ought tobe aa He went on flaying the directors, w! ono of thesn being present, rose in court in great anger to deny all these insinuations, Choate, without stopping, Dlandly mid, “I beg the dircetor to be seated, aa he wishes to bo treated with moderation in a court of justice.” Then instantly breaking out into a it ‘seream, which he alone could make with ctraxialigeffeee “TF tell you, gentlemen of the jury, my client was as
x then di 4
URISIC COUNSEL ON CATHOLIC IOLANCHPATION, Curran, in defending Rowan, the Secretary of the
"United Trishmon, for seditious libel, had this splendia
Pjteats been cloven down, nor with what Lee may have been devoted upon the altar
118 CURIOSITIES OF LAW AND LAWYELS.
generated, and disenthralled by the irresistibl of aniversal emancipation.” pik een Speethen. eet
BROUGHAM'S PERORATION IN DEFENCE OF THE QUEEN.
Lord Brougham, when defending the Queen, concluded thus: gre my lords, is aa a now before you. Such bd evidenos im au] x es a eenet sree
jobt, impotent to deprive of a ‘i nN t cidioalbes to convict of the Jowest offence, sean- dala i bronght forward to support a charge of the lighest mature which tho law knows, monstrous to ruin eden to blast the namo of an English queen! What shall 1 say, thon, if this is the proof by which an act of judicial legislation, a parliamentary sentence, an ec post facto oe Stele bp passed against a defonceless: woman? My lords, I pray you to pause; aad do earnestly teaeech ‘ou to take heed! “You are standing upon the ete EN pero beware! It will go forth yor io sentence whall go against the Queen. tit wil be Be. the only judgment you ever pronounced IelichySanbeatl off teaching tas chject: will return, wad bound back upon these who gave it. Save the country, my lords, from the cite pm nave your- welven freon } Teseue that country of * which you are the rata Leia in ae wt can flourish no Jonger, when severed from the people, than the blossom whan eit ff Fm Un rots atthe tah of he that country, that you ee continue to adorn it; aera! the crown which is in caper the aristocracy which is shaken; save the altar, ich must Magger with the blow that rends its kindred Sirona You have
the toate rayers of ae lees wants no.
of tine, i fay Tdo here nth my omble marge tions at tho Throne of , thak that merey rony bo poured down upon ee rere gana lies than the merits of its seed may preon
be turned to me Bro Spoechs ee irgian aoeciay Senne raid that
ABOUT ADVOCATES, PLEADERS, BTC. 19
he had rewritten the above peroration goventecn times before he was satisfied with it,
AN ADVOCATE INVOKING THE GOD OF ELOQUENCE,
Tt was said of John Adarna, the President of the United States, that he onco invoked the god of eloquence in a celebrated specch on Independence, He denied this, and gave the following as the correct. version of his exordium: “This is the first time of my life when T seriously wished for the genius and eloquence of the celebrated orntors of Athens and Rome, called in this unexpected and unpre= pared manner to exhibit all the arguments in favour of m measure, the most important, in my judgment, that ever has been discutsed in civil or political society. I have no wit or oratory to exhibit, and ean produce nothing but simple reason and plain common sense. I fool ley Se by the weight of the subject, and I believe if
thenes or Cicero had ever been called to deliberate on #0 great a question, neither would have relied on his own talents without « supplication to Minerva and a sacrifice to Mereury or the god of eloquence.”
AN AMERICAN ADVOCATE ALLUDING TO TH List JUDGMENT.
‘The American advocate, George Evans, thue concluded a famous speech to the jury in defence of Dr. Coolidge, charged with murder: “ We are assembled in no ordinary place of justice. We are standing in a temple dedicated to tho sorvice of tho most high God, where prayer is wont to be made and blessings invoked, where forgiveness and charity are ontrented ns we moto them out to othcrs, where all tenchings suited to our condition are constantly administered. I invoke the solemnity of the and the occasion, to impress you with the unspeakable import- ‘ance of 80 considering and deciding, that the judgment you are to | Seas shall be that of justice and truth, siningled with mercy and compassion. When your ver- ales shall Nave Hote: rendered, thle vast aloeinblage ‘elll separate to moet no more—no more on earth, Bub once —onee more all will assemble, not to judge, but to be
" a
120 © cuniosiTTes OF LAW AXD LAWYERS,
“COME FORTH, THOU sLaxpensn |”
‘On Queen Caroline's trial, whon Mr. Denman had to address the House of Lords, that intrepid counsel for the ‘Queen alluded to the ramon that “there are persona, and these not of the lowest condition, and not confined
to individuals connected with the public press—not even exeluded from your august assembly, who are indastri- ously circulating the most odious and atrocious ealumnies agninet Her Majesty. Can this fact be?” Then after
some sentences more, fixing his eye on the gallery, and looking steadily at the Duke of Clarenee (Willians 1¥.), who sat there, he proceded thus: “To any man who
© full measure of its magnificent compass, till the old roof
in, and a thrill of inexpressible emotion pervaded or in the densely crowded assembly."
standing all that, Mr, John Adams has nothing to do bat to go upon the green among tho 7 nay it all equivocal and evasive, to destroy the whole eifect
This John Adams used to bo pointed out by his con-
fescroren Dato he rer. became a representative, as one
laa Sel the greatest man in North Amorica, ident in duc course,
SUING A LADY FOR MONEY LENT,
Ace lo of brevity occurred in a case where a an sued a lady for ten guineas, money borrowed, ine for tho plaintiff, after obsorving that when love eee crtag rar a eet atthe cana Spy opi iting was the said he sim] read bee lattare eas convenient, you Ce ave your ten guineas. lespise you—Catherine ling “That is ieyeaa? said Erskine, “Iwill prove the haud- iting.” “Ts that all?” said Bearcroft, the counsel for it. “Yes.” “Then I despise you.” And Justios Baller exclaimed, “Call the plaintiff," which meant that there was no defence,
:
COUNSEL TOR DELIRIUM TREMENE,
ay
os of plaintiff's witnesses, described one case in which coer a patloas of deliriwm tremens in a single and he lod, “it was a case of gradual drinkin, sipping all day from morning till night.” These 4 searcely uttered when Mr. Chambers rose in ph, and said, "My lord, that is my case”
i
Hi
who sued for les, and with bis soa
with such an ornament as this?” Mi tho to counsel, 8¢ once interposed thls remark:" They aka t a Ves Acc Conlon pelle ies
LENGTH OF COUNSEL'S PERCHES.
The time which the Roman adyoeate might oceup: was formerly unlimited ; but Poropey, in his third consul- ship, introduced the clepsydra, or water-glass, by which the tiged. to the duration of their speeches. It seems that the magistrate water which each side might consume at # trial, and
ok of various sizes were used according as much or little tine was deemed allowable, =
LENGTH OF COUNSRL'S ARGUMEXTS.
the courts, a suit instituted by the plaintiffs, who wore directors of the British Tron r
consideration, Lord Lyndhurst, by « surprising effort of memory, delivered the judgment, which extends over fifty pages of the report, without referring to his notes
AERIOUS RESULT OF AN ADVOCATE’S PROSY SPERCUES,
Sir Sarnuel Prime was represented as a good-natured ‘bat rather dell man—as sn ndvocaiay reeriecan comparison. He had to argac an ejectment ease oa the
ABOUT ADYOUATES, PLEADERS, BIC. 123
cirouit, Tho caso excited great interost. ‘The court was full, and the day very hot; nevertheless he spoke for Peete Barly te thes cuitnass opsteat to clamber to the of the court, and seated himself ona transverse beam over the heads of the spectators. Ovor- come by the heat, and the aorals monotonous tones, he fell fast asleep, and, losing his balance, came tumbling
the greatest possible good humour. Upon the occasion of another longthy oration, the counsel on the other side rose to address the drowsy y jury. “ Gontlemen, after the
COURT BRINGING COUNSEL TO THE POLST.
A French advocute whose pleading seemed far too Jong in proportion to the subject-matter he was dilating bor) received a hint from the president of the court to
i his observations. But the advocate, without replied with firmness that what he
was saying was essential to his case, The president, hoping at to silence him, said," The Court directs
COUNEEL PAUSING FOR A WoRD, ‘Mra, Powell, the actress, was attending a trial at the = heoete yout pecriaeis = pacientes eed a y, and he suddenly at hort, Sees Wien Bho Alt tos big eteotion aa bk familiar with the romplare opportune orviey, called out, comewhat lou peremptorily, “ Somebody give bim the word—somebody give hem the word 1”
bone
124 CURIOSITIES OF LAW AND TAwrEns,
AM ADVOCATE Catinp “Time OnATOR OY NATURE.”
eter Bar| - great advocate of Virginia, was “the of nature,” and by his spirit-stirring Saab eemisgraie ton impalse to the revo- lution and independence of the United States Jefferson said Henry was the orator that ever lived. In ‘& great debate in House of Bu of Vi
*Caomar bad er blotan Charles the Hine his Cromwell, and the Third—* (“Treason 1” cried the Speaker; “Treason | treason!” echoed from all parts of the House. Henry faltered not n moment, bat, fixing his eye of fire on the Speaker, ho added in measured tones) "may profit by, their example. If this be trenson, make the most of i After this he was stamped as the prime orator of
another great occasion he said: “Our petitions have eaply ay Gd our oar repletion have been fed, d we with contempt from the foot the throne, Invain after these things may we indulge the fond hope of peace and reconciliation. There is no iy room for hope. If wo wish to be ie we mean to peers inviolate those inestimable ich we bave been 80 long contending— abandon the noble struggle in whieh long , and which we have
ati gFb8.323 e HLTEE i u eh) Bike} ieee aa ial fd reetiet
~ If we were base enough to Soe tise too Inte to retire from the contest, ‘There is Bo Pieces bak te geteuioe andh slavery! Our chains are forged. ee ee heard on the plains of Boston. The war is inevitable,and let it come. I repeat it, Sir, lot it come! It is in vain to extenuate the
Pere
ing arms! Our brethron aro alread, in che bald, Why wand we here idle? What is it gootiemen wish ?
ABOUT ADVOCATES, PLEADERS, ETC. 125
What would they have? Is life so dear, or peace s0 sleight tierra at the prico of chains and slavery? Forbid it, Almighty God! I know not what ‘course others may take; but nx for me, give me liberty, or givo mo doath!"—Wart's Life of Henry,
COUNSKL TOO MUCH EMPLOYED.
Tord Brougham says it was once said by Boarcroft, when much employed in House of Commons Committees, ‘and seen walking about in the Court of Requests, un- tmoved by the many calls of his name in all quarters, that [pistol to avoid giving undue preference to any of
is clients.
At a later date, Charles Austin, the great Parliamentary counsel, was seen riding in Rotten Row one day, when smany committees wore sitting, in each of which he held a bref His explanation was that he did not wish to Ree recin cn Masts by, caving hls servies $9/on8
TIME DESTROYING SECURITIES OF TITLE.
Lord Brougham greatly admired the eclebrated illus- tration given by Lord Plunket, which embodied not only a principle, but tho very argument in hand—namely, as wo riptive titles, “If Time destroys the evidence of title the wws have wisely and humanely made length of
‘ion a substitute for that which has bean destroyed, Ei ceewith his scythe in one hand to mow down the muniments of our rights; but in his other hand the law- giver has placed an hour-glass, by which he metes out Eero those portions of duration which render needless the evidence he has swept away.”
other celebrated ane to his becoming a reformer : “Circumstances are wi changed: formerly Reform came to our door like a folon—a robber to be resisted. ‘He now approaches like a creditor: you admit the justice of his demand, and only dispute the instalments by which he shall be paid.”
126 © © CUNIOSITIES OF LAW AND LAWYERS.
A YOUNG HUSH COUXNEL'S FIRST SPEECH,
Lord Kenyan’s style of oratory reminded people of a ing Irishman’s account of the first bar-speech he ever : “Your lordships perceive that we stand bere as our grandmother’ administrators, de bonis non; and really, my lords, it does strike me that it would be a monstrous thing to say that a ety. can now come in, im the very teeth of an Act of Purliament, and actually PON serps apg oc ig us up, on the foot of a contract made behind our st A wend Lawyers, 10.
AS UNPATRIOTIC BUTCHER SUING FOR HIS RERF.
an American bert in his bosom who would not have thrown open his fields, his barns, his cellars, the doors of his house, the portals of his breast, to have received with open arms the meancet soldier in that little band of famished patriots? Where is the mant There bo stands; but whether the heart of an American boats in his bosors, you gentlemen are to judge” He then painted tbe surrender of the British troops, their humilistion and ejection, the triumph of the patriot band, the shouts of victory, tho ery of “ Washington and liberty,” as it rang and echood through tho American ranks, and was rever- berated fiom valo to hill, and then to heaven, “But, hark | wvhat note of disard are thes, which ees joy and silence, the acclamations of vietory—t
Sein lee ot Joke Hook hoarsely bawling through the American canp—' Beef! beef! beef |?"
‘The Court was convalsed with laughter at this sally. ‘The Clerk of Court, unable to command his feelings, and unwilling t6 commit a breach of decorum) within the
ABOUT ADVOCATES, PLEADERS, RIC. 127
rushed ont of the court-louse, and rolled bim- SS cps rd ap alla of Tho uneasy isso soon after aly sought some relief in the open air another reason, and secing tho clerk tumbling about Seaeoert aid, aleve Steptoe, what the devil ails ye, Steptoe, after a se, said he could not
help te 4
fever mind ye,” Hook ; “ wait till Billy Cowan gets up: he'll show ie the law!” Billy Cowan, peers in made no impression on the jury. They, almost praensamal lian, gave their verdict for the defendant, and
mob 60 of 8p woved this, that they wers anxious toadd tar and foat the plaintiff in farther testimony of their sontimenta.Wirt's fife of Henry.
AN AUCTIONEER SUING FOR HIS COMMISSION,
Mr. Spurrier, an auctioneer, sued Mr. Beard, in 1789, for a oe ee £280, his commission of 1 per cent. for selling tate, Mr, Christie, auctionser, « witness for the plain, Said the charges were usual, and that
“the busines of an auctioneer required a know]
inded on experience, a proper acquaintance with etarecacistanees of the estate, and the mode of propari Prope advertisements to enlai ape the ideas of the public,
ekine, counsel for the defendant, made fun rt this account to the jury. He said he found the ee of ‘an auctioneer was infinitely preferable in point of pleasure: und profit to that of a barrister, for the difference Bearers the ebange of the preacnt gpl and his own was as follows -—
in which he found was te business fret gentlemen ae hammer, he supposed was meant representing an estato to be worth £20,000 which was only worth £10,000), ‘The plaintiff was nonsuited.
128 «= cumsomrrmes. oF Law axD Lawrens.
veal
: ute
FT
ai a
Py fe a baspeiesios
is ata a
sala hes cracks, and, what is w wowing ots peding eae & mo a to ie eae oe is bands five at aeons of bis “cles hast grt pansion back again
sunt 4
remarkable, the
‘FUE VEREMENCE OF VENETIAX ADVOCATES, may
ne
q
ABOUT ADVOCATES, PLEADERS, ETC. 129
his hands more than at first, and continues in this , tanning up aud down the pulpit several times, until he has finished his harangue.
The audience smile now and
to be in continual c of dropping their wigs frou their heads, and this sometimes happens, ‘There may be ‘some advocates who epeak with more dignity, but those {saw were all men of eminence in their profession.” ——_
“(THE DRAGON OF WANTLEY" VERSUS MORE, GKNTLEMAN, ETC
‘The most memorable attorney, of whom the order may be proud, seems to have been one More, of More Hall, who was immortalised in the ballad of “The aan of Wantley.” The locality of Wharneliffe wood, vulgarly called Wantley, is the property of the Wortley family,
erham, in Yorkshire. More was said to have counsellor or attorney who conducted some heavy suit against Wortley, the impropriator of tithes, and who, 4 such, threatened to devour the reper of all the people round. More lived at Moro fall, near the om a Hee ae to in the ballad a8 “ creping out of a woll” © impropriator, as & monster rita pte fCecesta aan and churches like geese and turl . Bat More, after ‘ing a coat cole from Shi , all Baehey
re it the dragon two days and a night, a bs ci @ trees and houses e watch the
‘This tithe suit is said to have been carried on in the time of Elizabeth.
ie
COUNSEL DEFYING THE ATTORNEYS,
In the midst of the proceedings of national interest about the Reform Bill, Brougham drew the notice of the public to a combination againat himself of the attorneys and solicitors, in consequence, a8 ho said, of a bill ho had introdnend for the establishment of local jurisdiction, which they thought would lesson thoir profits, Tho learned itleman read « letter addressed to him con- taining this threat, which he complained of ns a brooah ‘of privilege, Ho exclaimed: “Let them iaaen:n the
130 ~—s CUNIOSITIE'S OF LAW AXD LAWYERS.
flattering unction fo their souls that I can be provented by a combination of all the attorneys ml Christendom, or any apprehensions of injury to myself, from endeavouri
to raaka justice pure paiidbsep: These lebron re much mistaken if they think I will die without defending myself. The question may be, whethor barristers ot Sbttapogn) aball sprovail send! Ema no <vennon. why barristers should not open their doors to clients without the intervention of attorneys and their long bills of coats. If I discover that there is a combination ayainst me, I will decidedly throw myself upon my elients—upon the countey gen n, the hants and manufacturers— and if Edo not, with the help of this House, beat these leagu me, I shall be more surprised at it than at any misadventare of my life.’—8 Camp, Chane, 370,
COUNSEL KICKING ATTORNEY.
A barrister bad commenced his foretisio career ino and rather dangerous manner by kicking au attorney who was to him on an arbitration. The attorney insult , and, receiving a kick om the breech, brought his action of axmult and battery, which was tried at the Lancaster assizes. It was the sporting cane of the assize, John Williams (afterwards « judge), who was for the defence, extracted by a dextrous cross~ ‘examination the cause of offence—an insulting speech— and concluded a very effective address for his client with these words—“ An insult, a kick, a farthing, all the world over." The plaintiff obtained his farthing. The counsel for the plaintiff, gathering up his papers, gravely exclaimod, a8 he left the court, “ My client has got more kicks than halfponce.””
A SUBSCRIPTION TO BURY AN ATTORNEY. O'Connell said there was in his ger days an Irish barrister of the name of Parsons, had a deal of Forhage ney bad act Uneted Men. wey_wol, bat Bl they not very well, bat rhedoe spicuous,
— them was eee and con io day, in the Hall of the Four Courts, an
ABOUT ADVOCATES, PLEADRRS, ETC. 181
attorney came up to him to beg a subscription towards burying a brother attorney who had died in distressed circumstances. Parsons took out» one pound note and tondored it. “Oh, Mr. Parsons,” said tho applicant, “I do not want so much—I only usk a shilling from each contributor. I have limited myself to that, and T cannot yeally take more.” “Ob, take it, take it," suid Parsons; “for God's sake, my good sir, take the pound, and while ‘you are ut it bury twenty of them.”
THE PRACTICR OF BUNYIXG ATTORNEYS,
A gentlewan in the country, who had just buried a relation, an attorney, complained to Foote of the expenses of a country funeral, "Why, do wry attorneys here?” gravely inquired Foote, * Yes, to be aure: how else?" “Ab! we never do that in London." “Nol” oxelained the other, mach surprised, “ why, how do you manago, then?" “Why, when the ient
to die, we Jay him out in a room overnight by himself, lock the door, throw open the sash, and in the morning he is entirely off!" " Indeed!” said the gentlo- tian, amazed: “and pray what becomes of him.” " Why, that we cannot exactly tell, not boing acquainted with "su causes, All that we know of the matter is that there is a strong smell of brimstone in the room next morning!”
ATIORNEY'S WIL OF COSTS.
‘Curran was counsel for an attorney who sued for a bill of costs, Lord Clare, the judge, sad, " Here, now, Mr. Curran, is o flagitions imposition! ‘How can you defend this item—'to writing innumerable letters, £100'?" “Why, my lord," said Curran, “nothing can be moro reasonable, It's not a ponny a letter."
THE OYSTER AND TH SHELL QUESTION,
The lawyers such a profit make, As olden stories toll,
"Dis anid that thoy the oyster take, And clients get the shell ;
132 cummosrrms op LAW AND LAWYERS.
But, should a pearl be found, good lack # As pearls thorain may dwell
Would clients say—" Come, give me back ‘Tho oyster for the shell"?
Sir John Hamilton, who had suffered much from the
ions of the law, usod to sny that an attorney was ike m bes + it was impossible to touch bim without pricking ove's
A GERMAN LAWYER'S BILL OF Costs,
Tn Germany a solicitor gent his bill of costs for business done. In the bill relating to a suit for divores, be c the Indy one item thus: “Further, 30 sous, for being awoke in the night, and having thought over your matter.”
LORD THURLOW'S CONTEMPT OF ATTORSEYS
Lord Chancellor Thurlow often treated the bar with great rudeness, and his demeanour to the other branch of the profession sometimes awakened recollections of Joffrey. A volicitor once had to prove a death bofore him, and being told upon every statement he made, “Sir, that is no proof," at last exclaimed, much vexed, " M; Lord, it is very hard, that you will not believe me: knew him well to his last hour; I saw him dead and in his coffin, ny lord. My Lord, he was my client!” “Ob, why did you not tell we that before? I should not have
the facts for one moment ; for I think nothin, can be more likely to kill the man than to have you for his attorney.” This brutal jest, which was probably thought innocuous by tho author of it, is said to have ruined tho reputation and the business of the unfortunate victim,
LORD CHANCELLORS’ RUDENESS TO ATTORNEYS,
Lord Chancellor Jeffreys was generally rude to counsel, but attorneys fared much worse. When they did any- thing to displease: kian, he. gavo. them what’o calledral lick with the rough side of bie tongue; and he
al
ABOUT ADVOCATES, PLEADERS, ETO, 133
them with his face and voice “as if the thunder of the day
of judgment broke over their heads.” He had to oe le upon a Hon agen bo great city attorney with whom Eeete irunk, eltkerey A rine ears many briefs at Guildball when still obscure; and one of the aifidavits swore, that when the attorney was throat-
exalted, “ily Lord Ghaneallor! Toads hint ocaing 6 Is lor! Tm im" —1 i that he ean the foundation of his fortune by bringi him early into city business. Jeffreys. * Well! then wi i my maker by the heels” But he would drink and be merry, be with these boon companions overnight, and the next day fall upon them ranting and scolding with insufferable violence.
Very different from Lord Mansfiold’s vengeance on Dr, by, the famous physician, who, having met him in society overnight, and being cxamined before him in Court next morning chose to be offensively familiar, Tord Mansfiell (snmming up to the jury), went on to say, “Gontlemen, the next witness is’ one Rockleby, or Rocklesby, or Brocklesby, and, first, he swears ho ism physician, otc,”
ATTORNEY DINING WITH CLIETT,
‘The London Chronicle, 1781, says that an attorney in mabhn having dined fee tavtterion. sith ace! aaa
ys, ing o suit, six-and-cightpence for es which was pie by the master on taxing costs, In return for this, the client furnished the master
‘4nd recovered the amount of his chi Bat be did not long exult in his victory, for in a fow fterwards the attorney, an information against him before the tho Commissioners of Excise for retailing wine without « licence, and not being able to controvert the fact, to avoid an neers ‘of coats he Ca by advico sornem to t! , agruat part of which went to the attorno, SUS ea *
184 — CURIOSITINS OF LAW AND LAWYERS.
MRETING AN ATTORNEY EX A STAGE COAcTL.
Sheridan was travelling to London in a stage conch in order to canvas Westminster in opposition to Mr. Paull. Tn the conch two friends were conversing, and one, asked the otber i bewas Chg im at aid, “Ob for certainly, for ‘him bat a shabby oem 1 would tig ale that rascal idan {* “Do know stant nat te ouves “Not I, sir, Sigel an n,n ay The converanti a ion then
wn the angers sto] at the next oriteaeny rn ay eridet sald to athe confiden-
“ Pray, who is that tleman wore ® talking tol He is one ct meer follows T ever met with; I should like to know his namet” “Ob, that,” said the gentleman, “is the eminent lawyer Mr. T,, who lives in Lincoln's Inn Ficlda” After tho passengers resumod their seats Sheridan turned the conversation to tho Inw, and said," Iti a fine profession Mem may rise in it to the highest eminence in tie state, It gives vast to the display of talent. Many of the most virtuous
Lever heard of, the text is one T, who lives in Lin- coln’s Inn Fiolds” The stranger fired up at this, and said, very angrily, “Iam Mr. T. sir.” “And Iam Mr, Sheridan,” was the retort. The jest was then instantly seen; they shook hands, and the rascally T. was one of the staunchest supporters of the rascally Sheridan.
AN ATTORNEY'S ACTION REYERRED TO ARNITRATION. An attorney of @ vory bad character, Lok fs Cee iD,
which Footo recommended to be compromised. The parties at eae arbitrators, bat sme a
ABOUT ADVOCATES, PLEADERS, BTC. 135
SUCCESS OF TOUNG ATTORNEYS.
A young attorney was asked by a friend how he liked his new profission. The answer was, “Well, I find my profession is better than my practice!”
A PRISONER WHO WAS AN ATTORNEY.
Aman was tried before Lord Mansfield, on the Home Cirenit, for stealing a silver Indie. In the course of the trial the prosecutor's counsel pe on the enormity ‘of the offence, and said it was all the wore, seeing that the prisoner was believed to be an attorney. ‘The judge said in a half whisper to the counsel; “Come, come, don't exaggerate matters; if the follow had been an attorney you may depend upon it, he would have stolen the bowl as well as the ladle /"
Two attorneys fought a duel, and one of them shot away the skirt of the other's coat, The second of the shot, observing the truth of the aim, declared that
if the opposite man had been a client, he would most probably have hit his pocket ¢
DANGERS OF SERVING WRITS.
‘A process server in Ireland oneo made an affidavit to account for his not having personally served a writ. After reciting that he had knocked several times at the door of the debtor, the deponent said, “ Whereupon this deponent was Sea to knock a fourth time, when a man, bo this
thusket or blanderbuss, loaded with balls or slugs, as this deponent has since heard and verily believes, appeared at ono of the upper windows of the said house, and pre- senting said musket or blunderbuss at this deponent, threatened that if said deponent did not instantly retire he would send his (this doponont’s) soul to which this deponent verily believes he would have done, had ‘not this deponent precipitately escaped,”
leponent unknown, holding in his bands a*
136 © CUMIOSITINS OF LAW AND LAWYERS.
WRITING OS NOUGH PAPER,
é A Jae observed to biv attorney that he was writing jin bill in eqnit, fs Gone pon’ cet “Ob, never mind,” said the pres “it must be siled before it comes - 3
A YOUNG ATTORNEY'S COURTSHIP WITHOUT PkKUDICK,
eth! related an anecdote ahs youre attorney: wi ‘been on & correspondence with a youn; lady, in which be iat always, as he thou caqpreset himself with tho greatest caution. Finding, however, that he did pot perform what he had Jed the lady to = eh would, she brought an jon ~ Lo miso of marriage against him. When hia lutters Gee proaicel pri Ae ye appeared that he had always concluded, * Always without projudice, ” Yours faithfully, C.D." The judge facetiously left it to the jury to determine whethor these concluding words, being from an at . did not mean that he did not intend any prejudice to the lady, and the jury with great goodwill took the hint and found accordingly for the plaintiff.
CALLING AN ATTORNEY NAMES,
An sient named Kise, rather any tren in his stature, and not partons ly respectable in his character, once met Mr. Jekyll, “Sir,” said bo, “1 hear you have called me a pettifogying scoundrel. “Have you dane »9, sir?” “Sir,” replied Jekyll, with look of contempt, =I never said you were a pettifogger or a scoundrel, bat I said you were little else!"
LAWYERS’ CLENKS WRITING WIDE Lives.
A man asked thu reason why lawyers’ clerks wrote such wide lines in all their . He was told ft = yeaa dono to Keep thn peace, for if the plaintiff aboald bo
ABOUT ADYOUATES, TLEADERS, BTC. 137
in one line and the defendant in the next line, the lines be too close together, they might perhaps fall together ears,
ORIGIN OF SOLICITORS.
Tho historinn and reporter of the Star Chamber, Basen, of Gray's Inn, in the time of Chaties ay: “Tn our ere are ste up a new sort of people, called soliestors, unknown ane records of the law, wae like the grasshoppers in Egypt, devour the whole land : and these I daresay were express maintainers, and could not justify their maintenance upon any action brought. T mean not where a lord or gontleman employed his servant to solicit his cause, for he may justify his doing thereof; but I mean those which are common solicitors of causes, and set up a new profession, not being allowed im any court, or at least not in thie court, where they follow causes, And these are the retainers of causes and devourers of men’s estates by contention and prolonging suits to wnake them without end.”
Though “attorney” was the original and time-honoured name of the larger half of the legal profession, it has in its turn become somewhat odious, and has been all but ee aines the passing of the Judicature Act of 1875 by the name of solicitor, which itself was some- what in disfavour at first, aa tho above account shows.
RVITAVH ON A CONVEYANCRE,
Mr. Preston, the conveyancer, died in 1850, having a great reputation as a sound lawyer. He had long the credit of having written many of Lord Brougham's Judgments in Chancery. Sir George Rose wrote on him the following epitaph :—
Stor Doath hath east into abeyance horw A mont renowned conveyancer, ‘hen lightly on his head be Iai ‘The sod that he so oft conveyed. In cortain faith and hope he sux0 is, ‘His soul like a eeintilla juris In nvbibus expectant lion ‘Np raise a freobiold in the whi
138 CULIOSITIES OF LAW AND LawyBus.
CONFRYANCER'S DRSCRIPTION OF PARTIES TO CON- YVEYANCES.
In modern deeds it is not usual to describe the personal of vellor and purchaser, But in Egypt, in at s time, .c, 107, a conveyance describes both minutely. Thus, “There was sold by Pamouthes, aged about forty-five, of middle size, dark complexion and handsome figure, bald, round-fnced, and straight-nosed, and by Scmmuthes, ngod about twenty-two, of middle size, sallow complexion, round-faced, flat-nosed, and of quict domeanour, children of, ete.” (Then the situation of ground ix described.) “It was keg by Nechutes the Less, the son of Asos, aged about forty, of middle size, sallow complexion, cheerful countenance, face, straight nono, with a scar upon the middle of
lis forehend, for 601 pieces of brass, ete.”
CONVEYANCING FORMS IN INDIA.
A Hindoo conveyance, purporting to be a grant of land uf very ancient date, reforred to tho monarch who granted it in this highly coloured style: “ Where his innumerable army marched, the heavens were 40 filled with the dust of their fect tbat the binds of the air could rest upon it His elephants moved like walking mountains, and the earth oppresscd by their weight’ mouldered’ into dust.”
RECLUSE TATITS OF LAWYERS.
A story is told of an eminent conveyancer who, haviog taken his first ride on the first horse We lind ever bought, ‘and having occasion to dismount, tied his horse to a 4 and walked back to his chambers quite forgetful of his nowly acquired property. AN INGENIOUS BLACK-LETTER LAWYER.
Noy was a diligent black-letter law: in the time of
Cinta Te who ed bi
x fan alfeeted snorosity, ax Clarendon deseribod it. Tt was ho who, in order to compensate the
ABOUT ADVOCATES, PLEADERS, BTC. 139
Crown for the loas of revenue sustained by the sale of Crown lands and the grants of new ‘ions, revived the old forest Jawa, which were ce by the Earl of Holland with the greatest rigour, and produced the most grievous discontent. By him also wero first projected and drawn by his own hand the momorable writa of ship-money—designed, in the worda of Clarendon, “for a spring magazine that should have no bottom, and for an everlasting sapply of all occasions.” He also moulded the odions project of a monopoly in soap. In short, Noy thought, as Clarendon remarks,“ that he could not give a clearor testimony that his knowledge in the Jaw was greater than all othor men’s, than by making that law, which all other men believed not to be so." The wits mado an m of his namo: “ William Noy— I moyl in law.’ le went to Tunbridge Wells, and died thre at the age of Sirol where all the vintners drank carouses of joy now ho was gone, for they were in hopo to dreas meat again, and sell tobacco, beer, sagar, and it The players also on the rejoiced at his death, Noy lett un odd will, by which, after a few legacies, he gave all the residue to his cldest son Edward, “to be consumed and scattered, for I never hoped better.” ‘The only good thing Noy ever did was to discover and advance Lord Hale, then an obscure youth,
A VEX SIMYLE 18 THE HIOHEST ReTATS,
Chief Justice Gibbs once told Lord Campbell this anecdote of Serjeant Vaughan, who, although a popular advocate, and afterwards made a judg, was tery ignorant of the law of real property, ind torribly alarmed lest he should commit some absurd blunder. “He was
ling a real property case before me, of which he knew
no more than the usher; and he laid down Preston's proposition that ‘an estate in fee simple is the highest known to the law of F: ’ I, wishing to frighten him, pretended to start, and said, ‘What is your proposition, brother Vaughan?’ When, thinking he was ahi , and wishing to get out of the scrape, be ol |,‘ My lord, T mean to contend that an estate in foe simple is one of the highest estates known to the
140 CURIOSITIES OF LAW AXD LAWYERS.
law of Engiand—that is, my Jord, that it may be under Ieatala shetemnationceg ane atteatbnne e023 Camp. Ch. JSu. 238.
A OONTRYANCRA'S POLITICS.
pda all the troubles of the times,” says Roger North, “ Sir Orlando Bridgman, callod * the father af con~ veyaucers,’ lived quiet in the Temple, a professed and known Cavalier ; and no temptation of fear or profit ever shook his principle He lived then in the great business of conveyancing, and had no clerks but such as were atrict Cavaliers, One, I have heard, was so rigid that he could never be brought to write Oliver with a great 0. ‘And it was snid, the attorney (Palmer was made Attorney: Goneral on the restoration) chose to purchase the manor of Charteton because his master’s name (Charles) sounded in the style of it.”
A BLACK-LETTRE CONVRYANCER'S KLOQUENCE,
Mr. Hargrave, the conveyancer, thus described the Hon. Charles Yorke, who died s rising lawyer: “That modern constellation of English jarispradence, that elegant and accomplished ornament of Westminster-Hall in the. pre- sent century (1792), the Honourable Charles Yorko, Esq. ; whose ordinary speeches as an advocate were profound lectures ; whose digressions from the exuberance of the best juridical knowledge were iluminations; whose energies were oracles; whose constancy of mind was won into the pinnacle of our English forum at an inaue picious moment; whose exquisitencss of sensibility st almost the next moment from the impressions of imputed error stormed the fort even of his cultivated reason, x0 rade elevation and extinction contemporanoous ; and whose promatareness of fate, nota sbotenitng the great contributions from the manly energies of a Northington, and the vast splendour of a Camden, and notwithstandi: tlso tho scoentions from the. two rival uminarion which have more es iewag our equitable hemi (Thurlow and We rn), cause an almost insappliable Interstice in the science of Englishequity. To have been
ABOUT ADVOUATES, PLEADERS, BTC, 41
selected as the friend of such a man was nearly instar omatwm to an SRT lawyer. Even to be old enough ‘to have received the impreexions of Mr. Charles Yorke's character as a lawyer from the frequency of hearing hiv chaste, delicate, and erudite expressions in the discharge ‘of professional duty, is some source of mental gratifica- tion."—Hargrave's Prefs to Hale, p. olxxxi.
KVIDENCK NEORSSARY ON NOTH SIDES.
When Numerius, governor of the Narbonnoise Gaul, waa imy ed for plunder of his province, he defended himself, and devied the charge and explained it away eo skilfully that he baffled his accusers, A famous lawyer thereupon exclaimed, “Cwsar, who will ever be found pe if it is sufficient fora man to deny the charge 7”
which Julian retorted, “ But who will appear innocent,
if'a bare accusation is sufficient ?
THE BLOOD AVENGER BRYORE THE DAYS OF PLEADING.
Among the ancient nnd barbarous nations, whether a man was slain by accident or not, the wisest course that occurred to them was to lot the nearest relative of the dead man have his will, and kill or assassinate the slayer, and often the ¢layer’s relatives also, without mercy or compunction, or the formality of trial, or even an hour's breathing time Tt was at a Inter period generally deemed but fair that the doomed man should have one chance for his life; and hence, if by superior speed or kil he could outrun the avenger for a certain distance, and rach a city of refuge or sanctuary, then he was not to be murdorod, but to be let alone, at Joust fora timo, till he banished himself in due course from the country. ‘The practice of a blood avenger scems traditionary in every ancient society.—1 Paterson's Lib. Subject, 350,
RVEN ADAM WAS HEARD IN HI8 DEFENCE,
Justice Aland Fortescue, whose ects tie trunk of an elephant, was blaming a cou: for using a very Tpeemarcfonath tue the Littor replied, “if your lordship will only have a little more patience, E wilt make it as
142° cumiosrries oF LAW AND LAWYERS.
plain as the nose ee eee ‘This was tho Jadge who used the following illustration of a fundamen- Lee ag hl da Side ae ee ive ty wn ity to make his defence, if he have Beye aeeetboc tai bie hated it evel by 2 ror learned man, that even God Himself did not wontence upon Adam ‘before he we called upon to shew cause— k' where art thou? Hast thou not eaten of the tree whereof [ commanded thee that thou shouldest not eat?’ And the same question was put to Eve also,”
A PLRADER DKYYING Tit COURT TO PLEAD WETTER.
Mr. Cooper, an Irish counsel, who considered himself an astate plealer, when a motion was made in the Court of Exchequer to set his plens aside for prolixity, rose to defend them, “and defied their lordships, or any man in court, to frame shorter pleas.” Baron Pennefather undertook to do so, and struck out a lange part of the averments, leaving what be said aa quite suflicient. When the judge read it out, Cooper started up and wikily exclaimed, =I demur to that plea, and if it is set down for arguiaent in any other court of the ball, I'll beat your lordship!”
EXDIOTING BULLS AXD PIO’ YOR Chin,
When pleading was scarcely developed, the courts used to hear suits against enimals The fondness for imagi- nary trials in the middle took a practical meee By the old law of France, if a vicious animal kil a penon, and Bite eu as acne knew of its preeesizto je, and suffered it to go at lange, be ese andthe astoeh isle; Re iss, a bull
ing ki an by tossing him with its horns, was Serages bute ths feczea i the provines of Vabin, and indicted as a criminal, and after several witnesses had given evidence, it was condemned to be hanged. This sentence was confirmed by an order of Parliament, and carried into effect. And we are told that an unfortunate ae chanced to kill e child in Burgundy, was in manner solemnly tried in ovurt, aud the samo punishment,
ABOUT ADVOCATES, FLEADERS, Ero. 143
Bo late as 1650 the French law books treated of the
eres a animals, such as rats, locusta, ae eels and leeches, and the mode of appointing counsel to defend them. In Switzerland, criminal proso- cutions were often brought against worms,
A FRENCH LAWSUIT AGAINST CATERPILLARS,
Nicholas Chorier, a French historian, mentions that in 165¢ the heavy rains brought on a vast sumber of eater- i ‘The walls, windows, and chimneys were covered with them. The grand viewr of Valence cited the Hare bofore him ; he appointed » proctor to defend them, ‘The cause was solemnly argued, and he sentencod them to quit the divcese. “But did not obey. ‘Human justice has no command over the instruments of the justice of 9 pa ~ es ated eee to proceed against these animals by anathema impre- cation, or, as it was oxpressod, by malediction and excommunication, Hut two priests and two theologians, having been consulted, changed the opinions of the vicar, so that afterwards nothing was made use of but juration, prayers, and sprinkling holy water, The life these animals is short, and these coremonies, having continned several months, received the eredit of having ly exterminated them, tions against animals wero common in Franco, Gui Pape relates that about 1450 he saw a hog lung on a gibbet for killing a child.
‘1 FRENCH LAWSUIT AGAINST THE RATS.
‘The famous Fronch lawyer, Chassanee, first established his fame by defending the rata in a process that had been instituted against them in the dioceso of Autun. The rats did not appear at the first citation, and their advocate suggested that they hnd not all boon summoned, but those only in a few localities; the proper way waa to roca all Civ'estslin abacy paces Thi wee bald
ples, and therefore all the rats wore duly summoned, did not however attond, but their advocate suggested that many of them were old and sick, and an extension
144s cUntosITIES OF LAW AND LAWYERS.
of timo shoukl be given, This was azain allowed, but the rats did not come into court at the extended time ‘The advorate then pleaded as the next excuse that the
A SYRCIAL PLYADER TAKING OUT MIs PUPILS TO WALK.
perseee) piece ( bably Baron Wood, in aig age of Bee =e Shane al nad iting in cintobery with his ete tim eee Rare ane te inc, he would like a walk wit is pole He aceordingly went ont, and on going as far as Nip ras os Goat Moke ark hen. wok aadidion and be felt perplexed in which of these three directions he should go, He balanced in his mind ali the objections, and was #0 nicely poived in his affections that his pleader’s mind could not choose between the three counies, or see any reason for One ene Heeceicen
another, Tt-was at that of time when Lond Eldon used to take twenty years to decide a similar difficulty, and the debility fuced by ® long career of
(ae! surrel —— cap the hol @ worthy gentleman thought upon whole Ent elias lees items nd not tempt Provi- dence by any rash decision on ao weighty a matter. So badilanki toils camer,
THE OLD PLEADER WATCHING HIS PUPIL TRY 118 HAND, In ancient Rome, Julianus, the great advocate, took
stents Youth of fartane, wha wanted to way for he Foe cis van ijellar oon merepaba holidays, preased
AUOUT ADVOCATES, PLEADERS, ETC. 145
Julianns and Aulus Gellius to go and hear him at Naples Poet aloemt at & court aad try bie alll uA xival ota
the following case for solution : “Seven judges Petinicya prisoner, and the majority were to determine the sentence. Two of the judges held that the prisoner deserved hment; two others that he should be fined; and three more that he should be put to death, What was to be the correct punishment?” The pupil of Julianus at once began to discuss this case, and poured cout a torrent of language and high-sonnding phrases which wore all gabblo and nonsenao, and gave no solution of tho controversy. Julianus sat perplexed at the exhibition, and blushed with confusion. After leaving the place, Julianus was asked his opinion as to the por- formance of his pupil, and he replied: “Don’t ask mo; ‘without controversy this young man is oloquent,”
A HORSE GOING TO THE COUNTRY.
In an action against a stable-kooper, for not taking eare of a horse,—" The horse,” anid Mingay, who fea for the plaintiff, “was turned into a stable, with nothing to eat but musty hay. ‘To such feoding the horse demurred." "He should have gone to the country,” retorted Erskine. ‘This, though caviane to the multitude, to a true special ploader is of exquisite relish, “demur- "and “going to the country” being the’ technical terms for roquiring a cause to be decided on a question of law by the jadges, or on a question of fact by the jury.
CERTIORARI TO REMOVE TO NEAVEN.
or judgment is removed from an inforior court to the High Court, the process used is a writ of
is Sir George Croke was in the time of Elizaboth continued one of the judges of the Qacen's Boneh, and his son-in-law, Sir Harbottle Grimston, wrote in the preface of Croke’s Reports that the judge 80 remained a judge of that court “until a certiorari from the Great Judge of heaven and earth to remove him froma human bench of law to a heavenly throne of glory.” "
146s cuntosrrms or LAW AND Lawrnns.
a otwerved that Pashley must surel ie children by =i ~ ss
‘THE CHIRP JUSTICE PLEADING Ix MNS OWN COURT,
During the chief justiceship of Lord Holt, tho valuable ninecure office of chief clerk of the Court af Queen's Bench fell vacant, and the Chief Justice gave the ap- there yy to his brother, Roland Holt. The Crown tant
ted the appointment, claiming the seep, The Hine was ight Wn ot tar, Etre te the ine aud o jury. A chair was on ce of the eourt for the Chhief Justice, poly he sat speared see Hie ox. The practice as to the office wee and ultim yaverdict was piven against the Grown and in favour of tho Chief Justies.
TRIAL OF THR REGICIDES, AND THR IXDICTMENT AGAINST rues,
Tord Chancellor Clarendon’s attention was devoted to the trial of the regicidea, Although his name was placed in tho cotmmasion after that of the Lord Mayor of Landon, he did not take his place on thy beneh daring any of the trials, but-he was obliged to exercise UN cate nee tendence over the or Tt wax without difficulty resolved that the indictment should be for “ compassing the death of the king,”"—iurdering him not being a perperie treason —and that the decapitation shoald be
ABOUT ADVOCATES, FLEADERS, ETC. 147
‘but that the murder was not perfected till the actual severance, when Charles I. being aupposed to have died, a demise of the Crown had taken place, and a new Sove- reign must be considered asde jure onthe throne They resolved, however, that the compaating should be Isid on the 29th of January, 24 Car. 1., and the murder trecesimo mensis eal Januarii, without hore naming any
of any King; and that the indictment should conclude, contra pacem nuper domint Regia coron, et dignitat. suas, necnon contra pacem domini nunc Regis coron. et dignitat, suas—4 Parl. Hist. 120,
GOOD-LOOKING PLALNTIFES,
oe ee in sete Rome titers ne yee 4) producing on fit occasions the living image of Shr olleatts misery, and his claima on the compassion of ‘the courts Thus, when Antony was defending against tho charge of pecuniary corruption, Aquilina, who had successfully conducted the campaign in Sicily against the fugitive slaves, and was unable to disprove or refute the chargo, in the midst of his harangue, after appealing in dja puloiied Yolios Sd secvisem venderell to Els country by the brave soldier who stood by his side—he suddenly unloosed the folds of his client's robe, and showed to his fellow-citizens who aat upon his trial the sears of the wounds which had been received in their behalf. They could not resist the offvct of such a aight, and Aquilius waa wequitted.
A PROFESSIONAL BEAUTY IN COURT.
‘When Phryne was uted on a capital charge at Athons, hor advocate, Hyperides, Ienowing abo. was tho most beautiful of women, and the original of the Venus ‘of Praxiteles, took care to pes her in full view of her judges, and even arranged the details of her dress to the Yost advantage, He then used his eae oratorical arta to excite the pity of the court, and so subdued their feelings that they-could not find it in their hearts to condemn, she was acquitted, The rosult was,
the public prosecutor, Euthias, swore he would never
148 —s CURIOSITIES OF LAW AND LAWYERS.
The court also were sv conscious of The dis “sing cause of their daageesn es apes a rule that in future no secused person, man or woman, per ain Eesenes eusererh 6h: ths imo Cie loons —Atheneus, B.
‘THE HANDSOME GIL WITH THE WooDEN Lea,
On the Northorn circuit the famous Jack Loo was retained for the plaintiff in an action for breach of romiso of marriage. When the consultation took
© inquired whether the lady for whose injury he was to weck redress was good-looking “Very me in= deed, sir,” was the msurance of ber attorney. “Then, sir,” “replied Lee, * 1 beg you will request her to be in court, and in m place where she can be seen.” The attomey ee an Hiance, and the lady, in accordance
with her wat pe os icuous ra pier the fi ies toe ber. Lee, in aldrensing mad ot al ot Sh eabwnecale a
le cruelty" which had sapere towards
athe sieht attractive and modest girl who trusted her cause to their discermment;" and did not sit down until he had succeded in working upon their foclings with groat and, as he thought, successful effect. ‘The counsel ‘on tho other side, however, speedily broke the spell with which Loo had enchanted the jury, by observing that "his Jearned friond, in describing the graces and benaty of the plaintiff, ought in common fairness not to have concealed from tho jury the fact that the Indy had a wooden leg I” ‘The couré was convalsed with laughter at this discovery while Lee, who was ignorant of this ‘circumstance, looked sgh and the jury, ashamed of the influence that mero eloquence had had upon them, returned a verdict for the
fondant.—Twilss's
THE FRIENDS OF THE PRISONERS.
When Cicero dofendod Fontoius against the accusations of Induciomarus nod the other Gauls who bad come to Rome to impench him of corrupt conduct during his protorian government, ho pointed to the mother and
AVOUT ADVOCATES, LEADERS, ETC. 149
sister of his client clinging to him in passionate embrace, and reminded the joe that that sister was a vestal ‘virgin, whose chief tie to earth was hor brother's existence, “ Let it not be said hereafter,” he exclaimed, as the affect~ ing scene was actod before their eyes, “ that tho oternal fire which was presorved by tho midnight care and
of Fonteia, was oxtinguished by tho tears of your priestess, A. vestal virgin extends towards you in au it prayer those hands which she has beon used to iitup to the immortal gods in your behalf, Beware of the danger and the sin you may incur by rejecting the antroaty of her, whose prayers, if the were to despise, Romo itself would be in ruins,”
CLIGST WISHING TO PLEAD 18 OWN CASE,
It is said that Thelwall, when tried for seditious libel, ‘was a very troublesome client, and frequently interfered indiscreetly ia the defence. At one time he was so much inet he wrote on a pieos of paper, which he threw to Erskine, his counsel," I'll be hanged if I don't
‘own eausa;” upon which his counsel returned answer, “ You'll be hanged if you do."
A CLIENT PRESSING A LAWYEX FOR BIS BILL
‘A tailor sent his bill toa lawyer, and a messnze to ask for Kehr ‘The lawyer bid the latter to tell his master he was not runming away, and was very busy at that time. The messenger returned and anid he must have the money. The lawyer testily answered, “ Did you tell your master that 1 was not ete away ft” * Yes, did, sir; but he bade me tell you that he wus.”
“MY UNFORTUNATE CLIENT.”
A counsel who had the reputation of being a pudent fellow, but whose memory failed him when
to recite a lo jeech whicti he had prepared,
having uttered these : Tho unfortunate client who ap me—the unfortunate client who appears by mo—my |, my unfortunate client ——" the Chief
150 CURIOSITINS OF LAW AND LAWYERS.
Justice, Lord Ellenborough, interposod and almost whin- in a soft and oncouraging tone— You may go on, rir; so far the court is quite with you.”
Another example of Lord Ellenborough’s judicial pe, is related when the great convoyancer, Mr.
‘reston, appeared to angue a case in the King’s Beneh ax tos subject of which that counsel was a master, “An estate in fee simple, my lords,” said the counsel, “is the highest estate known ‘to the law of England.” “Stay, stay,” mid tho Chief Justice, with consummate gravity, “let me take that down.” He wrote and read slowly, and emphatically, “An cstate—in feo simplo—i highest estute—Known to—the law of England :” adding, “Sir, the court is much indebted to you for this informa- tion."—3 Camp. Ch, JJx, 237,
A LAW STUDENT IX TRADTIXO.
‘The Tatler, in 1710, said, “ Walking the other day in an inn of court, I saw a more happy and more gnc orator than I evor before had heard or read of. of about nineteen was, in an Indian nightgown and laced cap, pleading # cause before a LS he young fellow had & very good air, and seemed to hold bis brief in his hand rather to help his action than that he wanted any notes, When I first began to observe him I feared be would soon be alarmed ; but he was so zealous for his client, and so favourably received by the court, that he went on with great fluency to inform the bench that he humb); Leyes they would not let the morit of the cause suffer by ¢ youth and inexperience of the advocate ; that in all things he submitted to their candour, and he modestly desired that they would not conclude, that strength of angument and force of reason were inconsistent with grace of action and comeliness of person.
“To me (who see people every day in the midst of crowds, talking only to themselves and of themselves), this orator was not so extravagant @ man as another would have thought him; and I took part in his success, and was very glad to find be had in his favour judginent and costs, without any manner of opposition.”
ABOUT ADVOCATES, FLBADERS, BTU, 11
COUNSEL'S VOLUBILITY FOR 18 CLIENT.
Lord Jeffrey, when at the bar, was a very rapid speaker. A worthy man from Glasgow, on whom Le poured ont a long torrent of vituperation in an action for libel, after listening complacently till he had dono, said, “Well, he bas sole “the rabclerBiiplis tasipoagy tories over two hours!”
A CLIENT NOT KNOWING HOW ILL HE HAD BEEN USED.
Rufus Choate, the American lawyer, defended a black- smith whose creditor had seized some iron that a friend had lent him to-assiet in the business aftera bankruptey. ‘The seizure of the iron was said to have been made
Choate thus described it: “He arrested the arm of indu as it fell towards the anvil; he put out ‘the breath of his bellows; he extinguished the fire upon his hearthstone. Like pirates in a gale at sea, his enemies awept everything by the board, leaving, gentle- men of the jury, not so much—not so much as a horseshoe to nail upon the door-post to keep the witches
_ off.” The blacksmith, sitting behind, was seen to have
tears in his eyes at this description, and a friend noticing it, said, “ Why, Tom, what's the matter with you? What fare you blubbering about?” “I hnd no iden," said Torn ina whisper, “that I had boen so abominably ab-ab-bused,”
DEPOSITING MONLY WITHOUT A WITNESS OR RECELET.
An Irish farmer at a fair, not wishing to carry £100 in his eae left it in charge of the landlord of the public- house. When ho roturned soon after, the landlond denied he had ever received any such money. Curran was con- sulted as to the best remedy. He told the farmer to take a friend with him, and go'and epeuk very civilly to the
ford, and say he was convinced he must have left the £100 with some other person, and leave another £100 with him. The farmer did so, but could not see what use this could be On further consultation, Curran advised hint to go by himself to the landlord and ask for tho £100; and the farmer did so, and received the
168 CURIOSITIES OF LAW AND LAWYERS.
money. But he said be was no better off, for that did not fea buck the first £100. Curran thon advised the farmer to go again with hin friend who witnessed the of the second £100, and ask him for the £100 he saw him leave, The wily Inndlord saw he was taken off his guard, and gave up the first £100, so that Ladner rider went and thanked his counsel for the success of this stratagem,
IMPORTUNATH LANDLORDS PRESSING TOR THEIR RENT.
One Harman, a rich man, having some bad tenants, and being informed that one of them, which owed him monoy, had furnished himsclf to go to o fair, walked, as if by accident, to meet him in way thither. When he saw his tenant he asked him for the rent; the man, willing to dis of his money otherwise, denied he had
“Yes, I know thou hast money,” said Harman,
ling him by his name; “I prithee let me have my rent,” and with much importunity the man pulled out Peg setetry nad gave sllior dliecsoceks part ob leks his landlord.” "This coming to some praginatical knowl the poor man was advised to indict his landlord robbing him on the highway, which he did. And Harman, for his sordid carriage béing ill-beloved in tho country, was found guilty, but reprieved by the judges
hearing the Lord Treasurer had a secretary of his
name, applied himelf to him, promising to give him all his estate, having no children, if his lord would bring him out of tho danger he was in; which, by his power with King James [he did. And the secretary within a short timo after, by the otber's death, evjoyed an amplo eatate.—Wilson’s Jas. I.
PUTTING THE CONVERSE CASE TO A LITIGIOUS CLIENT.
Sir Walter Scott bad promised a friend that he would write # book for his benefit. ‘The friend died before the ap was fulfilled, and bis executors insisted that Sir
‘alter should write a book for the benetit of the widow and children of the deceased. This Sir Walter refused to do, The executors sought the advice of Scarlett, who,
AMOUT ADVOCATES, PLEADERS, ETC, 163
having listened to their case in consultation, said, " Let us saan the position to be roveraed: if Sir Walwr
Scott had died, should you have required his exseutora to write a book for the benefit of your clients?” "Oh, no!” exclaimed the executors, convinced at once by this apb hypottess that they had no case against Sir Walter
AS UNKNOWY CLIENT RECOGNISING COUNSEL,
One nighb walking through St Giles’s, by way of a short cut towards home, an Irish woman came up to Mr. Adolphus, the Old Bailey counsel. “Why, Misther Adolphus! and who'd a’ thought of seeing you in the anand “And how came you to know who T am?” said Adolphus. “ Lord blvss and save ye, sir! not know ye? Why, Id know ye if ye was boiled up in somp !”—Adolphas’ Mom, 158,
COUNSEL REMONSTRATING WITH A CLIENT.
A Westminster Hall anecdote is given of Mr, Clarko, loader of the Midland Cireuit—a very worthy lawyer of the old school, His client long rofusing to agres to refer to arbitration & cause which judge, jury, and counsel wished to got rid of, he at Jast said to him, “ You d—d infernal fool, if you do not immodiately follow my lord's recommendation, 1 shall be obliged to use strong language to you.”
neo, - a council of the Benchers of Lincoln's Inn, ey same gentloman, Mr. Clarke, very conscientiously opposed their calling w Jew to tho bar. "Some tried to pont out the hardship to be imposed upon the young gentleman, who had been allowed to keep his terms, and whose prospects in life would thus be suddenly blasted. “Hard- ship!" said the zealous churchman, “no hardship at all! Tet him become & Christian, and be d—d to him!"
A GRATREUL OLIRNT'S LEGACY.
ates in Derbyshire, from admiration of Erskino’s public character, had lott him by will a considerable landod ‘stato, but tho will was defouted by the ignorance of a
154 = CURIOSITINS OF LAW AND LAWTERS.
country attorney, who recommended that the testator should “suffer # recovery ™ to confirm it, whereby it was rendered invalid, ine used to give an amu account of the attorney who came to him a! testator's death to announce the intelli; ere now rate LRA estate, concluding thus: “
lordship need have no doubt aa to the validity of the will; for, after it was made, wo suffered @ recovery to confirm it.” This legal absurdity is corrected by a Dill afterwards introduced into Parliament—6 Camp, Chane. 603,
A GRATEFUL CLIENT ERECTING A JUDGE'S MONUMENT.
Lord Mansfield, having died at the age of eighty-nine, by bis will expressed a wish to bo buried in Westminster a , giving a4 a reason the attachment he felt for the of kis earl education, but direeting that his funeral should only te attended by his relations and Private friends, Accordingly, his rewains, attended by all the judges and the bar in a body, were deposited in Westminster Abbey, in the same grave with his deceased wife, between the tombs of Lord Chatham and Lord Robert Manners. And there a splendid monument was ee to ce Ia achagel pI eran
expense fra) 1y a legacy of £1,500 grate-
fully bequeathed for tha purpose y & client, for whom,
when at the bar, by an extraordinary dis; rls his
Banus, he had recovered # great estate—2 Camp, Ch. is, 51.
A GRATLFUL CLIEST CONFIDING SECRETS.
‘O'Connell said he was once counsel fora cow-stealer, who was clearly convicted, the sentence being trans- fon for fourteen years. At the end of that time
i returned, and meeting O'Connell, began to talk of the trial. O'Connell asked him how be always contrived to steal the fort cows: to which he gavel replied, “ Ways then, I'll tell your honour the whole secret of that, sir, Whenever your honowr goes to steal a enw, always go on the worst night you can, for if the weather is very bad,
al
ABOUT ADYOOATES, PLEADERS, ETC. 165
the chances are that nobody will be up to see your honour, The way you'll alwaya know the fat cattle in the dark is by this token—that tho fat cows always stand out in the more exposed places, but the lean ones always into the diteh for shelter.” “So,” said O'Connell, “I got that lesson in cow-stealing gratis from my worthy client,”
OOUNSEE'S OPINION WHETHER AY ACTION WILT Lin.
A case was laid before Erskine by his vetoran friend the Duke of Queensberry—better known as “old Q."— as to whether he could sue a tradesman for a breach of contract about the painting of his house? and all the evidence he had to adduce was detailed, which waa wholly insufficient. Whereupon Erskine wrote, “I au of opinion, that this action will not Tie, unless the witnesses do,”
Panties SNOWING WIRE THEIR PROPERTY 1s
When presiding in the Court of Chancery, Lord Chancellor Hatton disarmed his censurers by courtesy and good humour, and he occasionally ventured on a joke. At one time, when thers was a case befory him respecting the boundaries of an estate, a plan being
ved, the counsel on one part said, “ Wo lie on this sido, my Lord ;” and the counsel on the other part said, “And wo lie on this sido, my Lord:" whereupon the Lord Chancellor Hatton stood up and sid, “If you lie on both sides, whom will you have me to believe ?"— Bae, Apopth.
THE VILLAGE HAMPDEN AND THR RIGHT OF HIGHWAY.
Tn the reign of Georgo IL, when a footway in Rich- mond Park to Wimbledon, Kast Sheen, and Kingston, was ehut up by the ranger, and none allowed to pass without aticket, John Lewis, of Richmond, took » friend with him and demanded entry. On refusal, he laid an indict ment for obstruction of the highway, which was tried at the Surrey Aasizes, before M. Foster, who over- rolod many quibbling ebjections of the Crown counsel,
156s cuhiosivims oY Law AND LAWYERS,
‘The court, at the suggestion of the prosceutor, ordered a Indder to be put over the wall; but, in eurrying this out, the steps were made #0 high ae (5 ts inancoities Lewis complained to the court, and said they had made the steps so wide that neither old men nor children could ft over. “The jadge said he saw that it was xo, and ordered it to be so constracted that not only children and old men but old women too should be able to get “ot po afterwards the king wished lane to be stopped up, and the steward gave & feast to the chief jubabitants, and after all were in good humour proposed that they should oblige the king by consenting to the alteration; at the samo time he urged that it must be unanimous John ria again Do and said that it sti be to ir ity if ti were to give up this oa oe aaa the aA py ee ata a which their forefathers: handed down to them. The scheme was abandonod, but an Act of Parliament was afterwards passed to shut up the lane.
‘Another chazpion named Timothy Bennett, a shoo- reaker, said be would npn his little (awl) all, which way £700, in fighting for the public rights, for ho was un- willing to leave the world worse than he found it!
A OLIENT SEEKING REDILESS FOR BEEXO SWORN AT.
A client went to consult Rufus Choate, the great American lawyer, as to the proper redress for an intoler- able inewlt and wrong he just suffered. He bad boon in a lapis = a waiter Ge os es who in a parox © and contempt told the client “to go to ie Now! raid the client, “1 ask you, Mr. Choste, as one learned in the law, and as my legal adviser, what course under these circumatances I ought to take to punish this outrageons insult.” Cheate looked grave, and told the elient to repeat slowly all the incidents precoding this outburst, telling him to be earefal not to omit anything, and when this was dope Choate stood for awhile as if in deop thought and revolving an abstrass subject; he then gravely said: “I have been running over in my heal all the statutes of tho United States,
ANOUT ADVOCATES, PLEADERS, ETO. 157
‘ond all the statutes of the commonwealth of Massa- chusetts, and all the decisions of all the judges in oue courts therein, and T may say that I am thorough! satisfied that there is nothin, an any of them that will require you to go to the Pes yea have mentioned, And if you will tako my advico thm I say decidedly — dow’ "—Chonate’s Recollect.
168 —CURIOSITIRS OF LAW AXD LAWYERS.
CHAPTER V.
ABOUT COUNSEL, CIRCUITS, INNS OF COURT, AND ATTORNEY GENERAL.
2UGR THRRATRNING TO COMMIT COUNSRE
Tho jory in the Dean of St Assph’s cass withdrew, and in about halfan hour returned into court, When their names had been called over, the following scene ‘was enacted. Clerk. “Gontlemon of the jury, you find the defondant. guilty or not guilty ¢” Foreman, “Guilty of publishing only.” Eraline. * You find him guilty of publishing only?” A Juror, “Guilty only of poblishing” Buller J. “1 believe that is a vordict not quite correct. You must explain that one way or tho other, The indictment has stated that G. means *Gentle- man,’ F.‘ Farmer, the King, ‘ the King of Great Britain,’ and the Parliament, ‘the Parliament of Groat Britain,’" Juror, “We have no att about that.” Buller J. “If you find him guilty of publishing, you must not say tho ‘word ‘only.” Braking, “By that they moan to find there was no sedition” Juror. “We only find him
ilty of publishing. We do not find anything clso.” Braking PT Wag your lordabip's pardon, with great submission, I am sure I mean nothing that is irregular. I understand they say, ‘we only find him guilty of
blishing’" Juror. “Cortainly, that is all we do - J. “If you only attend to what is said, there is no question or doubt.” Hrakine. “ Gentlemen, I desire
da 1
pogativing the inuendoes” irakine, “1 desi ip, sitting here as judge, to record the verdict as given by the jury.” Buller J. "You say he is guilty
ABOUT COUNSEL, CIRCUITS, ETC, 159
of publishing tho pamphlet, and that the moaning of the Inuendoes is as stated in the indictmont.” Juror, “Certainly.” Erskine. “ Is the word * - het of the verdict?” Juror, “Certainly.” Brakine ri
T insist it shall be recorded.” Buller J. “Then the verdict must be misunderstood. Let mo understand the jary.” Erskine, “The jury do understand thein verdict." Filler J, “Sin, 1 wil mothe intormptod.” Erakine “T stand here as un advocate for a brother citizen, and I dosire that the word ‘only’ may be recorded.” Buller J. “ Sit down, sir, remember your duty, or I shall be obliged to proceed in’another manner.” Brekine. "Your lord~ ship may proceed in what manner you think fi. I know my duty av well as your lordship knows yours. [ shall not alter my conduct.” Tho judge succumbed vw Erskine, who had been his old b pail and the verdict was as given, and it led to further angamenta before the full court—Eesk, Sposches.
A JUDGE THNEATENING TO COMMIT CURRAN,
Curran, the Trish counsel, offended Justice Robinson. “Sir,” (Sante the dndge, ina Rs ieee ane in ie Tespoct that you owe to the ts the etal charneter’” “ Dignty, my lord,” outed Oar “apon that point I shall cite you a case from a book of some wuthority with which you are perhaps not un- acquainted, A poor Scotchman, upon his arrival in London, thinking himself insulted by a strangor, and imagining that he was the stronger man, resolved to resent the affront, and taking off hie cont, delivered it to a bystander to hold; but, having lost the battle, he turned to resume his garment, when he discovered that, he had aby tae Jost that also—that the trustee of hia habiliments decamped during the affray. So, my lord, when the person who is invested with the dignity of the judgment-scat, lays it aside for a moment, to enter into a disgracefal personal contest, it is Yuin, when he has boon worsted in the encounter, that he secks to resume it—it ix in vain that he endeavours to shelter himself behind an authority whieh he has abandoned.” ‘Tho judge cried out, “If you say another
160 — cuntosrTins OF LAW AND LAWYERS.
word, air, I'l] commit you.” Atma Jord, it will he the best thing you'll lave committed this year.” * did not keep his threat; he applied, however, to his ren to the daring advocate, but they refused to interfere, and #o the matter ended.—Philip's Curran.
A SENJKANT INCAPABLE OF PUTTING A WRONG QUESTION TO WITsEs3.
aoe, ie Baigent iy cs cxmncsing ott ® re a ly was examining = witness, and asked him a question fig ee some ‘tvent = that had bappened since the plaintii! had disappeared from that neighbourhood." Mr. Justice Parke immesdintely ol «That's a very pena question, and ow not to have been asked." “That is an tation,” replied the eerjeant, “to which I will not submit, I am incapable of patting an ita question to « witness” “What imputation, sir?” ingelred the judge, ? "I desire that you will not chango me with imputations, Isay that the question was not properly pot, for the expresion ‘disappear’ moana ‘to ie clandestinely.’” “1 say," retorted Sergeant Taddy, * that it means no such thing.” “I hope,” rejoined the Wganik Bava dpa natpeaog Wehyiandlmaities that the word certainly bore that int
Ser reggae improper.” “I never will submit:to a rebuke of this kind.” “That is a very improper manner, sir, for a counsel to address the court im” “And that is improper manner for a j to
wa) tp cep heart male era areca! mee *T bave the functions of a j to discharge, and in doing so 1 must. not be in this sort of way.” 1," replied the undaunted sergeant, "have a tauky. ty. dncbasge ar Sonted wildh cl pheli clecherge
ABOUT COUNSEL, cmcUITS, ETC. 161
as I think proper, without submitting to a rebuke from cakes Anxious to torminate this dispute, in which the dignity of the court was compromised, Mr. Tens rose to interfere "No! Brother Lens,” exclaimed Mr. Sergeant Taddy, “I toust protest against any interference,” Sergeant. Lens, however, was not to be deterred from effecting his intention, and addressing the bench, said, “My brother Taddy, my lord, has been Dotrayed into some warmth ;” hore ho was stopped by Sergeant: Taddy seizing him and pulling him back into his place, “I again,” ho exclaimed, “ protest agninst any interference on my’ account,—I am quite pr to anawer for my own conduct.” “My brother Lens, sir,” said Judge Parke, “has a right to be heard.” “Not on account: I am fully apebls of answering for myself." bys he not a right to possess the court on any subject he pleases?” “Not while Lam in possession of it," retorted the undaunted advocate, “and am examining & witness” Mr. Justieg Parke, then seeing evident: that the altercation could not be advisably prolonged, throw himself back into his chair and was silent—2 Law and Lawyers, 357. ¥
COUNSEL RULING THE COURT.
Many remember how Mr. Scarlett used to govern the court of King’s Bench. It waa marvellous to seo how such judges as Abbott, Bayley, Holroyd, and Littledale, submitted to the dictation of the great Nisi Prius loader, On one occasion in the King’s Bench, when Scarlett and Adolphus wero on opposite sides, the formor, after subbing the counxel and overruling the court, inquired, ® Are you aware, Mr. Adolphus, you are not at the Old Bailey?” 1 aw, sir," retorted Adolphus, “for there the judge presides, not the counsel.”
COUNSKE COMPLAINING OF A DIANOLICAL PROSECUTION,
Adolphns, the criminal lawyer, said that an indictment fora libol was tried before Justice Maule, and the losrned counsel for the prosecution ended by saying to the jury : “ Dhis, gentlemen, is a shamofal, an’ infamous, to Bay
162 — cumostrizs oF LAW AND LawrEns.
a diabolical tion.” “Gentlemen bedtpeer= Tusticn Mi in sum noe “you am at this ix
a dinbolical prosecution ; you must the devil his due, and find the defendant guilty,-—which happened accordingly. PRIVY COUNCILLOR SHOULD NOT BE PRACTISING BARRISTER,
When the name of Mr. Nagle was inverted in the list Bees Couneillors of Ireland, in Cromwell's tise, the fh “1 ie Seka to the Lond oscre= ia
las Aa) is Excellency admitt to @ very an honest man, but he was a Sra aaanl ran it was not etiquette for such to be of the Council, It will not look well that a man who has the bas to be of the King’s Privy Council, should be ‘at the bar of the courts af justice bareheaded, aie in his hand. I have not heand it was ever yetdone but to Sir Francis Bacon, when ho was attormey= general, and to satisfy his ambition by the credit he had with the Duke of Buckingham ; or rather by importunity he was made a pers, em councillor, but he never afterwards in fall, unless the king's busi- nees called him."—2 Camph. Chance, 348.
A WESTMINSTER HALL CHICKEN.
On some point of law which arose in the House of Large Mr. Michae? Angelo Taylor had anawered oe it lawyer, Bearcroft, but not without an cr
rah be Tinvelf, who was then but a young and, as he might phrase it, a chicken in the law, thoatd veotare on a fight with the excl of Westminster’ Hall " ‘He then acquired, and be never lost the name of “ Chicken Taylor.” Although very short in stature, he was of athletic ‘ions, anid Lord Ellenborongh said that hia father, who was a t artist, had produced him as Pelerearba eg it he was more celebrated as an
i¢ best dinners of any man in London. Ono of fives was tbo muin of « greet motion for Parllawentary
ANOUT COUNSEL, CIRCUITS, ETC. 168
Reform ; for while the leading patriots were partaking of it, the House of Commons was counted out. The oceur- rence TT rise to a very scurrilous, but very witty song in John Bull, written by Sir Alexander Boswell, after- wards killed in a duel for a similar production,
THE HAGUE OF THI HAR
Normand, who became a French advocate in 1707, was called the Eagle of the Bar, from the di yk far Tapidity of his rise. His countenance was fan 19, his res graceful, and voice soft and clear. All Paris
cod to hear him, and he had a house and equipage of the finest, and entertained men of the highest rank, His scrupulous accuracy was such that it became a proverb that “it was a fact because Normand said it” He once ‘said of his t rival, Cochin, that he had never heard a finer speech than one delivered by Cochin, whereupon tha latter replied: Tt is evident you are not one of those who hear themselves.”
MR. COUNSELLOR THEREFORE,
Serjeant Kelly, of the Irish bar, had an inveterate habit of drawing conclusions direetly at varianee with his premises. In consequence of this pecaliarity ho was called “Counsellor Therefore.” Curran said he was a Peete human personitication of a non sequitur. One
y, meeting Corran near St, Patrick’s, he said: “The meablalicr gave us an oxeollent discourse this morning. Tt was written and well delivered. Therefore I shall mako a Sent of being at the Four Courts to-morrow at: ten.” His Speeches to the jury were interminable, He would any: * This is so clear n point, gentlemen, that it iw paying your understandings but « complimont to dwall en it even for a moment, -‘Thertfore 1 shall now
to explain it to you at greater length.” While the court tittered, the serjeant was wholly unconscious of these feats of his own genius for inconsecutiveness, THE PICKLOCK OF THX LAW.
Judge Rumsey, a Welsh judge, was, wecording to Aubroy,
“a0 excellent a lawyer that he wax called ‘ the ie oe
164 CURIOSITIES OF LAW AXD LawrEns.
tho Taw,’ Tle was an ingenious man, and bad philoso
|. He was most curious for grafting, inocu- ‘ing, and Pe a If be had any old dead lot
vines at tho bottom, and lot them climb up and thoy would bear very well. He was one of my counsel in my Jaw suits in Breconshire. He had a kindness for me, and invited me to his kouse, and told mea great many fine things both nataral and arian, He was very fnce= tious and a good musician, played on the organ and lute, He could compose. He was much troubled with phlegm, and being #0 one winter at the court at Ludlow (where he was one of the counsellors), sitting by the fire spitting and spewling, he took a fine tender sprig and tied a rag at the end, conceived he might put it down his throat and fetch up the phlegm, ant, he did eo. Afterwards he made the instrument of whalebone. I have oft seen hi use it, I could never make it go down m; throat, but for those that can it is a most meor
engine. If troubled with the wind it cures you immedi~ ately, It makes you vomit without any pain, It is no pain when dows your throat, He would touch the bottom ‘of his stomach with it,”
LEADING COUNSEL EKING OUT 48 INCOR
Tnancient Rome, in the first century, eome nnscrupulous advocates bud an ingunious way of making money. Pliny the younger tells this story of his rival Regulus, who was a prosy and fawning time-server, but enjoyed a la practice. This lug, hearing that Verania, the wi of Piso, was on her death-bed, went and called upon her, oe Ea een tee him, and that her husband
ly im, Ins profesied to
be greatly concerned, asked her the day and hour of her birth, and with many contortions and grimaces of sym- pathy said be would caloulnte her nativity. He told her she was in s critical state, but he would consult a sooth- rayer for her—one he could really trust. He scon re- turned with tho best of news, 90 that the in her ay called fi her tablots'to"pab: down thie friend ‘a large logney. Of course the soon got worse, and.
li
ABOUT COUNSEL, CIRCUITS, ETO, 165
‘with her dying breath she charged him with porjury, but the legacy held good. This Regulus knew another dying person, of consular mis, whoso easo he gee! to interest himself in, and after working on the invalid’s credulity, and besecching the doctors to prolong his life, also got deeser put down to him; immediately after= wards he the doctors it was useless to prolong lifo, and an easy death was what they should now give him, Bins says thnt this Regalus aceumalated a fortune of neatly half'a million by such dishonourable nrtiticos,
A COUNSRE WiO WAS CALLED THR INDEX.
Roger North says that Attorney-General Palmer was a vory groat book lawyer, owing to his great and distinct, memory; but yet. not ao great as some have had who have een a0 full of books and folios, that their understanding was kept truly under, and they knew nothing else, For this reason old Serjeant Waller was called Jnden; and people went for his opinion only to bring away a list of quotations to nasist other counsel that understood better.
COENSHL IN THE HUNTING TEL,
Curran never joined the hunt, except once, about twenty miles from Dublin. His horse joined vory keen! Hoe but the horseman was inwanlly hoping all the while the dogs would not find. Tn the midst of his caroer, the hounds broke into 9 potato fleld of a wealthy land- seals who happened to have been severely cros-exa~ by Carvan some days before. Tho fellow came up pelroniatnaly. and said, “Oh, sure, you are Counsellor urran, the great Iawyer. Now thon, Me, Lawyor, can you tell mo by what law you are Senne on my nd?" “By what law, did you ask, Mr. Maloney ?” replied Curran; “it must be the Lew Tally-ho-nis, to bo sure,”
COUNSEL AND JUDGES REMEMBERING THRIR CLIRNTS’ CASRA,
A counsel's hond is very much like a caravanserai. It is full for a day or two of the minute details of the cases in which ho is concerned on the one side or the other, wo
i |
Hy
iy it ii : lice
é 41
i i i
Lord St. Leonards, a counsel
ro Eorbid that my bead should be filled with such rubbish ! I remember nothing at all about it, Lot as hear what it
Mr. Bothell and Sir F. Kelly were fighting a case before a Vice-Chancellor, and discussing what was tl ib at the moment to be quite a pew point, but which had in fact been settled by the House of Lords only the previous year, and in whieh also both of those counsel had been engaged, and which was so remarkable that both might be expeeted to bave recollected it. But neither counsel over referred to the prior case. After the argumont was over, Mr. Bethell being remindod of the formor case, and how thoroughly it would have borne out his argument if bo bad remembered it, exelaimed. * Well, no doubt that caso was just in point! It only shows what a rogue that Kolly was not to alludo to it, and what a fool 1 was not ‘to think of itt”
“1 HAVE JUST ONR WORD MORE”
Sir Fitzroy Kelly, the last of the chief barons, when at the bar, though an advocate of a most deferential and winning addross, was often obliged to continue his argu- ment rather longer than some of the bystanders wished. One favourite litle artifice when he was just expected to conclode was this; “1 have just one word more to add
al
ABOUT COUNSEL, CIRCUITS, ETO. 167
Bet Ee leat pont?) Winn bie uno. Qals asirteeloc. tho fettiorerd Alsoah dicivasiably, extended. ta Halt em hour, iil moraattinee half Of that Again.
Tho younger Pliny, who was n leading advocate at Rosia towards the-ecd of the first prt s plumed him- self on once making an adroit hit on the abuse of the above phrase. He was defending Varenus, who was ac~ cused of peculation; and Julius Atricanus, phi! counsel, who professed to have discovered fresh evidence, was more than usually tedious. After being told the time allowed bim was “up,” he added: “1 beg your lordahi baler me to add just 6ne word,” He was eee ,
used a good many empty words, and then Pliny was ex by an excited audience to make a long reply. Ho merely said: “I should have roplied if ‘uy bseraed friend had added just that ‘one word,” which no doubt, would havo contained all his new matter, but as he did not add it, I have nothing to answer.” Pliny says, all in court thought this an admirable spology, for holding his tongue, and it benefited his cliont groatly,
A GRATUITOUS OPINION BY COUNSEL,
Mr, Fazakerly, an eminent counsel, was once stop by a country gentleman, a neighbour, who asked him about some point then very important to him, and got the opinion verbally. Some time after the gentleman ‘on the counsel and said he had lost £5000 by his advice, aa it was a wrong opinion. The counsel said he had never given any opinion, and, turning. up his books, said he was confident of that. Being reminded that it was given during a ride the neighbours had some sum- mer’s day, near om, the lawyer replied, “Oh, T re- momber now, but that was only iy travelling opinion: and to tell the trath, neighbour, my opinion 18 never to be reliod upon unless: tho case appears in my fee book.”
COUNEEL DISMINGUISHING HOMBELY AS AMICUS CURIA
It is related that Lord Chancellor Ellesmero first gave ‘earnest of his future eminence by interposing as Amioua Quriw, while yet a student, when 9 verdict was about to
168 = CURIOSITIG OF LAW AND LAWYERS.
be pronounced which would have roined a worthy old lady who kept a house of public entertainment in Smith-
i
Lord Judge. Said he: “hia money, by tho contract, was to be returned to threo, but two only sue, Where is the third? let him appear with the others; till then money cannot be deananded from her.” This tarned fortune of the day ; the plaintiffs were non-suited, our young student was from that day considered to bo of great mark and likelihood.
‘This “traditionary story,” although tho law of it be uneseoptionable, Lord Campbell considered an invention, ax much ns Miss Edgeworth's anecdote of the young barrister who, being junior in a case at nist priaa to the validity of a will of personal property, when it came to his turn to address the jury, made his fortune by bringing out an objection which he had carefully eon- cealed from his leader. But the fair writer had an undoubted right to dispenes both with the forms of legal process and with professional etiquette—2 Camp.
ives of Chane, 175.
COUNSEL MAKINO THINOS TOO LONG,
A counsel in making & motion to ontor a notle proscqul, on the last day of term, pronounced long in the middle sylishle. Baron Alderson, the pe iding judge, adrenal the edansalt “Pray, sir, consider that this is wa last day of term, and don't make things unnecessarily
mg” i
COURT GIVING Tink TO FAT.
Tn a case before Lord Chancellor Sir Thomas More, & poor woman was claiming a sum of monoy from a
ABOUT COUNSEL, CINCUITS, ETC. 169
tleman defendant, who had grievoualy wronged her. MYiGe Wace again Kim aietoed inayteahian tdi fendant suid, “At least I hops your lordship will grant me along day to pay it” ‘The chancellor said, 1 will
it you till Monday next, which is Su Barnabas’ Day. Hbrie ta tlokigea tcl tha years (MK: yoo loi nok ‘bap ihe money to the plaintiff on that day, I will commit you to the Fleet prison.”
YOUR LORDSHIPa’ PLEASURE TO ADJOURN.
Mr, Preston onco argued a long and dreary ease of real property law. Having not yet exhausted the Year Books when the shades of evening were closing upon him, he applied to know when it would be their lond- ships’ pleasure to hear the remainder of his argument Lord Peatersegh said, “Mr. Preston, we aro bound Hear you ‘ont, and I hope we shall do so on Fri Yut alan! pleasure has been long out of the question. Another tiresome conveyancer having, towards the end of Easter Term; occupied the court a whole day about “the merger of a term,” the Chief Justice said to him, “T am afraid, sir, the term, although a long one, will merge in your argument.”
AN ADVOCATE WITT A LONG Noam,
Sergeant Prime was described in Miss Hawkins’ “ Anecdotes" as famous for his long nose. One day he was thrown from his hore, and a countryman comin; up. looked earnestly at him as he helped him to rise, an inquired if he wax not hurt, On boing answorod in the negative, the fellow grinned, and said, “Then your ploughthare hax saved you."
COUNHEL LAYING TRAPS POR JUDORS.
Low Chiof Justice North, according to his brother “twas vary good at. waylaying and disappointing
the craft of counaol; for he, ax they say, had been im the ‘oven bitnself, and knew where to look for the pnaty- Rergeant Maynard was a very ade practiser, and used
170 =~ CURIOSITIRS OF LAW AND LAWYERS.
to lay traps for the ones ; for, neue Neal bates es Cana iaush he gn ve it sd contended not upon fallacy, which fd ‘would be resolved. Jones sometimes came before tel Sac a tatdear ius, and used art enough, and as very angry when it did not succeed. As, for instance, git forms as these : ey we prove eo and o then cect ie ie at walt for the 's anewer. ju ye, if you. prove tn ie then etc,” the lawyer concluded, the jury so far, And ‘f in the course of his
Gridesoe be could hacia them to think he bad that matter, rye not safficiently, he carried the
cause; at Teast in
aati *Call the witnesses and prove wliat me can. fell you what T think when you have done 4, and
A FOPULAR LEADING COUNSEL.
Chief Justice Saunders, when on the bench and at the bar, lodged at a tailor’s house. Roger North says that he “was a fotid mam, that offended his, neightours: et the bar in the sharpest degree. Yet none had more lively ports than he. Wit and repartee in an affected
icity were natural to hit. He was ever ready and never at @ loss; and none came so near as he to be a match for Sergeant Maynard, His great dexterity was in tho art of special pleading, and be would lay snares that often caught his superiors, who were not aware of his traps. And he was s0 fond of success for his clients, that Tatler than fai) he would sot the court hard with a trick, for which he met sometimes with « reprimand, which he would wittily ward off, so that no one was much offended with him. Sir M Hale, it ix trae, could not bear his irregularities, He bad a goodness of nature Freleng in so great a degree, that ho may bo styled a philanthrope. “He was a very
Galas he lhe Liye: on 104g plate ed ac students of the law, to make thom merry whenever thoy
ABOUT COUNSEL, CIRCUITS, ETO. 7
had a mind bs pesos ie eo with- ‘out a parcel of youths hai ut him, and he merry ied foring-with then :
AN EMINENT COUNSEL'E MENTAL AND PHYSICAL PROULIARITIES.
Mr. Dunning and Mr. Murphy were grest friend The latter maid that if there was a natural logician, it was Mr. Dunning. When he was in his happiest mood, 4 speech of his that took only half an Poor would embrace all the arguments contained in his opponent's speech of two houra But yet it required the utmost attention to follow him. His mind laboured. He bad all the while a movement of bis head, a grinding of his lower jaw, and a certain singular cast of countenance. There was besides « huskiness in bis throat which constantly moved him to endeavour to clear it. This was first produced under a mental excitement; bat afterwards ee a habit, whenever his aubject com- manded any extraordinary exertion, Soon after he was made Tank Ashburton, one morning he desired his servant to draw the curtains and let in the light, which she said had been done; and it was then found he had paralytic stroke ‘boon doprived of his oyesight without the Jeast sensation of pain. Once, on his way from the west, he mot by appointment at an inn his old friend Wallace, Inte attorney-general; both were in a dying stato, and knew it; and they took a final
on that ocension, both dying within a few Site earvacdn, id
A DRUNKEN ADVOCATE LAD OUT FOR DEAD.
Mr. Doddridge, an eminent American advocate, had given himself to intoxication. One day he was suddonly seized with an apoplexy, palsy, cutalepsy, or some disense of that nature, and tle powers of life seemed entire) suspended, ‘The physicians declared him dead, his wile miprend him dead, and the ns in the house pro~
led to lay out his corpse, During all this timo, as he said afterwards, lie was perfectly in his senses, heard all
172) ~—scuntosrTies oF LAW AND LAWYERS.
that was mid, but was totally unable to move a muscle, ‘or to make the slightest exertion. While these thi were going on, hia wife thought aho perceived aight anotion in one of his logs, the kneo being drawn up. supposed it an involuntary muscular tnotion, but boing struck by the circumstance, sho mised his head high on the pillow, rubbed him with brandy, and soon perceived _signs of returning life. Ho slowly revived, and in a fow weeks resumod his practice. —Judge Story’s Life,
KEEPING A SEAT IX COURT YOR AN ABSENT COURSEL
John Manningham, in his Diary, says, " Mr. Prideaux, a great practiser in the Exchequer, and one that usurpes upon a Popa certaine at the bar, Jeft his man one i to koopo his place for him; but Lancaster, of Gray's Inn, coming in the meantime, would noeds have the place though the man had kept it. ‘For,’ anid Lancaster, “knowest thou not that f believe nothing but the real presencs ‘—menning that he was a papist—and * besides could not think it to be corpus meure except Mr. Prideaux himself were there.’”
ON® COUNSED CUTTING AxOTHER
Jekyll wns asked why he no lon; ke to a lawyer ot tie namne of Peat. Jekyll aid, “1 choose to give up juaintance. I have common of turbary, and have ight to cut peat /”
COUNKEL DROPFING 118 T's,
A barrister who notoriously disregarded the letter TT, was making a motion in the Court of Exehequor one day,
and spoke of “ igh. Baron Alderson said, “1 ~
have often heard of a bum-bailiff, but never heard of an eye-bailiff before.”
On another occasion, a leading counsel, who wan notorious for his cockney dialect, had been arguing at great length, when his junior rose and mre ee considering tho length of my learned leader's address, I will not weary the court with any remarks except only tondd the H's!"
ABOUT COUNSEL, CIRCUITS, EYC. 173
COUNSRL'S YORKSIME DIALECT.
There was an old bar joke about Tom Barrow moving with bis Yorkshire dialect for a rale to shoe come (show cause), and Justice Lawrence answoring, “Mr, Barrow, we shoe horses in this country, not cows.”
A TAWYER TOO FREE WITIT 118 RATDER.
In 1710, Hearne, the antiquary, relates this incident : ” A barrister wont to one Mr. Tonson, a barber's, to bave some superfluous hairs taken off, and the barber (according to the usual custom of those people) entering inte the subject of the present addresses, the barrister was 80 ny t as to say that the hereditary right was in the Prince of Wales (or the Pretender), which put the barbor into a ferment, and he was seconded by his wife, both of them maintaining with great zeal, in opposition to the lawyer, that the Quoon’s was the hereditary title, und that not a parliamontary one, After the Inwyer left them, Tonson makes information against him, and he was forred to do penance, but was dismissed at last, though not without considerable damages, which may be & warning to honest men not to enter into topics of this nature with barbers!"
THE LAWYER AND THE AnTIET,
Alona» Cano, » Spenish sculpter, boing employed by a
or of Grenada to make a statuo of St. Antonio de ‘: sreboeae having See how much it would cost, the lawyer began to reckon how many pistoles per day the artist Tad ease “You have,” rah he, “ gar ave. and-twenty days carving this statue, and your exorbi- tant demand makes you charge the rate of four pistolos = day, while Twhd am your superior ina profession,
lo not make half your profits by my talents.” “ Wreteh !” ‘exclaimed the artist; “do you talk to me of your talents f
have boon five-and-twenty years learning to make this ‘statuo in fivo-and-twenty days.” So saying, he dashed iton the pavement,
174 CURIOSITIES OF LAW AND LAWYERS.
‘THE MISENG BALKISTER AND THEATRICAL MANAGER DINING TOGETHER,
Colman junior ways: “My father often met Lord, then at Erskine, in the street and invited him to dinner on same day. On these occasions Mr. Erskine was then youne at the bar, flushed with success and enthusiastic inhe fession. He would therefore Lig) his speeches particular caso, This I thought dull enough. Bokwhen any father ctmarved that the arguments were unanswerable, * By no means, my dear sir’ would Erskine say: ‘had I been counsel for A. instead of B., you shall bear what I would have advanced on the other side.” ‘Then we did hear, and I wished him at the forum! No two pic manteeas rete been tie coupled than my fat ri for lawyer delighted in talking of himself and the bar, and the manager of Himself a the theatre. Erskine was gifted man, and what is Le ht i hap In the early part of his carver he was considered a great man, but, as John Moody cielst Sir Francie Tairengtuad) *he could no’ hawld it” ake's Colman Family.
‘THE BARRISTER'S HORSK THAT WOULD NOT GO orcurr,
Lond Alvanley, Chiof Justice, when presiding at a trial of a horse cause, In ts se the following story to the counsel ond jury Cars ms 98% an action was
t by a man aa & horse which he ea to go the Pits eoigg * horse waa taken home, and his servant mounted him to show his paces, When he was on the animal's back, he woukl not stir a step; he tried to turn him round and round, but he was dotermined not to go the circuit. The horse dealer waa informed of the animal's obstinacy, and nsked Ree purchaser oth he came to soll him such a bores,
jell! said the dealer, “it can't be helped; give me tack: the horse, allow me Sve pounds, snd we'll settle ‘The barrister refused, and advised him to send te kawtteboesia bya rough rider. ‘Rough rider!” said the desler, “he has been to rough riders enough
ABOUT COUNSEL, CINCUITS, ETO. 175
* How came you to sell me a horse that would not go?’
joined the ‘ister, Tho dealer anawerod, ‘I sold you ‘a horse warranted sound, and sound be is; but as to his going, T never thought he would go.’”
OUR OWS OLD HORSE CAREERING ON CIRouET,
When Sir Elijah Impey was a barrister, and rode the ‘western circuit, being eecond to Dunning in fame, he used to take the same nag, and was vain of his horse- manship. This mag would come at hia call, and follow him about like a di The horse was as well known ag his rider, and the old people all pores Tino, for half a coutury afterwards, used to tell to the youngsters how Lawyer Impey's horse would follow bim into the town, and ve wall gee into the inn, where some us it re wou! ¢ sitting, with a solemnity whi
Liat them all roar with inghele a
~ Sir Elijah was appointed Chief Justice at Calcutta, and being a echoolfellow of Warren Hastings, and having incurred the Rae's of Sir P. Francis (Junius), was recalled for alleged egal conduet, which he satisfactorily ex] ; but he did not return to India, and lived # country life in England, and hie favourite dog, Hector, died in grief a day or two after his master,
A COUNSHL WHO COULD NEITHER WRITE NOR SPEAK,
‘The King was roported to have inquired as to the fittest person for judge in a certain vacancy caused by Vi lor Hart being made Lord Chancellor of Ireland, and His Majesty was told that the soundest lawyer Seer! in any ‘of the courts was a gentleman who unfortunately could neither write, nor walk, nor speak, This was sald in allusion to Mr. John Bell's peculiar handwriting, his lameness, and his northern aceont, Sir T, Shadwell was appointed on that occasion, on account of his politics being suitable.
A PROSING COUNSEL FALSE IN INS QUANTITIRG.
A Chancery counsel, who bad not beena double first class man at Oxford, in the course of a long and dry argument, quoted the legnl maxim—expreesio unius ext erclusio
176 ~—scuIosrrizs oF Law AND LAWyEEs.
alteritix—end he need the ¢ in wnius as short instead of lis roused Lord Justin Knight Bruce from « half slamber into which he bad been lulled, and he at once exclaimed, “ Unyun! Mr. —? Wo alwa: pronounced that unfus at school.” “Ob yes, iy lord,” Fayed ihe,“ Wot weasa Osa pats wa 2h ehlet ic the sake of the metre.” ~ You forget, Mr, —," rejoined the judge, * that we are proving here.”
A COUNSEL ALWAYS JUMULY CONCHIVING. Littleton Powys, a judge of the Queen's Bench, when Ratha ee bal toed eubes ant yee ight atin bes contemporaries for boginning most of his sentences with “I humbly conceive,” and interlarding bis arguments with “Look, do you see.” Philip Yorke, by way of
‘ing @ butt of Littleton, told a company be was al to publish a poetical version of “Coke upon Littleton,”
when pressed to give a specimen, he repeated the
verw —
Ho that heldeth bie Lands i foo
deal isin topeahs nore shiver)
Thyan bend Mabe Seon A POPPISH COUNSEL.
Mr. Justice Yates had always bad a great weakness for over-dressing, and used to tell with glee that ance, on i to bia chambara, in fall does be suet ah the door an attorney with a bundle of who asked him if be could inform him which were Mr. Yates’ chambers. He roplied, "These are the chambers—I aus
8 topic of on circuit; and his contemporaries invented a story, that he and judge bad beon traced to an acador; nee men Were taught Vo Ganon, and that one of thos ‘ee found under the hand of the master, stops, and the other was sitting in the stocks,
ADOUT COUNSEL, CIMCUITS, ETC. lit
4 YOUNG COUNSEL OVER-PERT.
A young counsel of great pretensions and high connec-
oe ence judge, was prosecuting a
petty Jeremy, and after much pomp ant many lordly airs, while addressing the jury and calling his witnesses, sat down with a consciousness of dignity rather beac te Hioaate to the occasion. The judge, Sr. Justice Maule, suid, “Have you no more witnesses to call, sir?” "No, my Jord.” “Your case is closed, then?" “Certainly, my Jord,” answered’ the counsel, rather indignantly. ‘The judge began, “Then, gentlemen of the jury, you have wo ensib Ula pebsonsr, as nn evidence kes been gives of Ube ar in the article alleged to be stolen, and, for aught thal appears, it may have been the prisoner's own.” Tho judge did not think fit to go out of his way to assist the prosecution in so py a case by offering to hear additional evidence, and so the prisoner was found not guilty, and dischargod,
A JUNIOR COUNSEL ASTONISHED AT A DECISION AGAUNST am,
‘One of the mest effectual interpositiors in favour of ajunior was by the Scotch advocate, John Clerk, after- wards Lord Eldin. A presumptuous youth to whom h ‘was opposed, and against whom the court decided in a peremptory manner, having declared that “he was much astonished at such a decision,” thoro was a threat of committing him to the tolbooth for his contempt, when Clerk caused a universal laugh, in which the reverend sages of the law joined the loudest, by saying, “My lords, if my friend had known your lordships as long as I Hay, Pog esa w ag err ayes astonished at any decision of your lordships !”
YOUNG COUNSEL COMBINING TO FUT DOWN A SINTON.
Mr. Lockhart, the Scotch Dean of Faculty, boing insolent to members of the bar, four junior advocates, is
178 = CURIOSITIES OF LAW AND LAwrEns, of whom Wedderburn was one, entered into a mutual
that one of them, who first had the oppor-
ears reais eset, te of the Dean, and publicly insult him. It was by mero accident that the to Wedderburn, who certainly made
cceasion to rite; jon ; I do not may that he ix of reasoning, bat if tears would me Gaveeel be
Lord President on being afterwards saked why he bad not soouur interfered, answered, “ Because Wedderburn rasdo all the flesh creopon my bones.” Bat at last his lordship declared in a firm tone that “this was language unbecoming an advocate, and wubecoming
jo Unanimously resolved that Mr. Wedderburn should retract hix words and make an humble on pain of deprivation, All of a sudden, Wedder seemed to have subdued his passion and put on an air of deliberate ‘coolness, when, instead of the expected retractation and apol
hand
ABOUT COUNSEL, CIRCUITS, ETC. 179
A DOMINEERING LEADER HUMILIATED AT LAST.
Lord Campbell, in his pees pact snys: “ Gibbs was at thia time (1808) Attorney-General, and tyrannized over Westminster Hall, He had the greatest reputation of any barrister in my time, a reputation no means sustained on the bench, as a puisue judge, as Chief Baron, and Chief Justice of the Common Pleas, He was the ‘most conceited man of the age, and he was ut no pains to ‘conceal his opinion of his own superiority in intellect and acquirements, Having paid an ironical compliment to Garrow, who said, » This is all very well ws a sueer,’ he rejoined, *L meant it as a sneer’ Garrow, feeling himself so vulnerable from want of law, was afraid of him. Allan Park, next in business, licked his foot, and no one else for a long time ventured to resent his wath ever! At length Toppa, arough Yorkshireman, who had lately obtained a gown on the northern cireuit, threw a stone at this Goliath, and laid him. prostrate. | Toppin; ‘being by accident in a cause against him, and tented with more than usual superciliousness, when replying, ran at full tilt, inveighod against tho air of superiority which was assumed, and introduced the quotation from Shakspeare :-— “ He doth bestride the narrow world Yat ctor hrs OPI en ait under his hu an nt ‘Te fia ousealtes dichoncurable gravba.”
‘Tho sonsation was very grunt, and all in court, from the noble Chief Justice to the crier, relished Sir Vicary’s wooden looks and ghustly smiles, ‘The attorneys, to whom he used to be intolérably insolent, rejoiced im his humiliation, and showed their gratitude by showering briefs on Topping. This ‘liberator’ was introduced into Parliament, and might have reached the high honours of his profession, had it not been for his intemperate habits.” —1 Camp. Lifo, 219.
COUNSEL CITING A HIGH AUTHORITY,
Curran, ins case involving ecelesiustical law, notici behind him a very tall and slender gentleman who hi
180 = CURIOSITIES OF LAW AND LAWYERS.
‘once intended to go inte the Church, but proferred the law, said he fie hin Tonship to vary high authority behind him, who was once intended for the Church, though perhaps ho was fitter for the ateepla f
COUNSEL'S FEES.
T should be to ses the honorary character of fees of barristers and physicians done away with. Though it soma a shadowy distinction, I believe it to be beneficial in effect. It contributes to preserve the ides of a pro- fession to a class which belongs to the public, in the emplo; it and remuneration of which no law interfores ; but the citixen acts as he likes in foro conscientio— Coleridge's Table Talk.
COUNSEL'S SPECIAL. RETAINERS,
Aceonling to the etiquette of the profession, no barrister to plead @ cause on a different circuit from that whieh he usually attends, except on a special retainer; and if he woars a silk gown, he cannot take a foo los than 300 guineas. ‘This is to prevent the unsemly scramble for business which might otherwise take place Some say that special retainers begun with Erskine; but this is doubted. From 1783 till he left tho bar, Erskine had, upon an average, twelve special retainers a year,
Serjeant Davy once bad a very large brief delivered to him with a fee of two guineas only marked on tbe back of it, His client asked him if he bad read the brief. "Yes," naid the serjeant, pointing to the words on the back, “"Mr. Serjeant Davy, Tico Guineas’ As far as that I have read, and for the life of me I can read no farther |”
Mr. Serjeant Hill once had a case for his opinion delivered, upon which a fee of one guinea ‘was paid to his clerk in his absence. ‘The serjeant kept the fee and wrote the following opinion : “T do not answor cases for a feo of one guinea,” Esigned and dated in the ordinary way.)
ABOUT COUNSEL, CIRCUITS, ETC. isi
A CASE FOR OPINION STICKING IN ‘THR TIMOAT.
Ags fog wrote a letter to poms na, tho wea ivocate, stating a case, reyuesting his opinion upon it, isd enclosing twenty: dollars. After the Iapeo, of some time, receiving no answer, he wrote a second letter, Bao him of his first communication, Parsons replied that he had received both letters, had examined the ease, and formed his opinion, bat somehow or other it tuck im hie throat.” ‘The cliont understood this hint, sent lim 100 dollars, and received the opinion, ‘Twenty dollars for the legal opinion of Pansons, the greatest lawyer of his time!—Judge Story’s Life,
COUSSKL TAKING HIS FRKS IN SILVER AND CORTHItG
When Serjeant Davy was called to account at the circuit mess for taking silver from a client, and so diagracing tho profession, he replied, “I took silver hoeause [ could not. get: gold, but I took every farthin the fellow had in the world, and I hope you don't cal that disgracing the profession.”
Another sorjeant was accused, onco upon a time, by his brethren of the court, of having degraded their order by taking from o cliont’n feo in coppor, and on boing solemnly arraigned for this offence in’ their common hall, it appears from the unwritten reports of the Court of Common Pleas, thut he defended himaclf by the following plea of confession and avoidance: “I fully GHGLE Wad Tock "a We tein Ohe ean Sa copper aad nob one, but several, and not only fees in copper, but fees in silver; but I pledge my honour as a serjeant, that Tnever took a single fee from him in silver until T had got all his gold, and that T never took fee from him in
until T had got all his silver, and you don’t call that a degradation of our order!"—2 Woolrych Serj., 632,
COUNSEL ATTENDING TO PRIVATE BUSINESS,
Tt is almost proverbial that a lawyer never docs any- thing well for which he does not receive a fee, Lord ‘Mansfield used to tell the story, that feeling this influence
182 CURIOSITIES OF LAW AND LAWYERS.
him, when about to attend to some astoue oF his own, he took some ea pee and put them in his waistcoat, 80 as to keep ap the real professional stimulus!
Sir Anthony Malone, the Irish Attorney-General, was.
pli he ilfal 2, cam weyancing, and oboatg had the ieee of be validity nm his title to landed estates whon
it bad been certified by him; #0 that he was gene consylted. Yet when he bought. some property ar he Was a0 inattentive that he leet an estate worth £3,000
ayear. This so annoyed him that he ordered his clk in future to take the title-dleeds of an; s OURS bought, and to make a correct abs this before him with a fee of five guineas ailney indorsed, and which tho clork was to charge to him scrupulously. By this formality Sir "Anthony “fe felt that be. could go through the papers with bis usual care, and he lost no ‘more Money in this way,
THE LEARSED ARGUMENTS OF “LITTLE FROG MORGAN.”
Croke's noted. accor tens to whith they Jee“, ‘anes. Charla. tle barrister named Morgan, me cqolcg 5 ee the King’s Bench, quoted so frequently from Croke Soy Croke Temes, and Croke Elizabeth, that the Decame Tee ae with gt or he, in uence, obtained the ruet of * or
sui advocate was sete id for bate stature, following ancedote has been related of him, as of many others, fore he was much known at the - ho was beginning to open a case, when Lord Mans- field, i in a tone of grave rebuke, addressed him, “Sir, it in usual a pron el! Sar 38 address the court x stand up “Tam standin jord,” screamed Fi ;
ats toon tansting eee ve minotes ©
LONGS AND SHORTS AT THE BAR
When Lord Redesdale was Lord Chancollor of Ireland, a vory tall counsel, Malay, was with a very little counsel,
ABOUT COUNSEL, CIRCUITS, BIC. 183
Mr. Collis, in the same case. Mr. Collis to argue, when the judge said,“ Mr. Collis, it is usual for counsel to stand when addressing the court.” “TI am standing, my lord, on the bench,” was the anawer, His lordship mt “Oh then, Mr, Mahaffy, I must ask you to ait down ” “T am sitting down, my lord.”
till your turn comes,’ His lordship wea confounded at this state of things.
Tn Scotland, an advocate named John Erakine was of very diminutive size, and used to stand on a stool when he was addressing the court; which made Henry Erskine ss “that that was cortainly ono way of rising ot
0 bar,”
A COUNSELLOR’S CLERK HANGING HIMSELF,
When Mr, Justico John Williams was an eminent counsel at the bar, he went one night late into his cliambers, and on going to his room, was caught by two Ieeevdan ging avarleed, whieh turned Gaists bo: thea st hia clerk, who had exeented on himself, in the Passage, the sentence susp, per coll, On engaging avother clerk the ominent counsel, with much gravity, said, “I have one more stipulation to wake with you: should you hang Yourself, which you can do or not as you think fit, pray do not bang yoursolf in my chambers,
COUNSEL COMPLIMENTING HIS OPPONENT.
When Lord Westbury was at the bar, he was for defendant in a case at the Rolls Court, in which w leading counsel, afterwards Lord Chancellor, was on the other side. The latter counsel, after a long and animated argument, had concluded, his voice being rather tumultuous and excited towards the end. Mr. Bethell then rose serene, effulgent, aud calm, amid breathless silence, and after a suitable pause, thus began: “Now that all this noise has I will call your honour’s attention in a very few words to the point in the case, and I vonturo to think it scarcely requires a Toment to make it self-evident,” He then went on and filled up many moments in the usual way.
184 = cuntositizs oY LAW AND Lawyrns
Counsellor Lamb was in a caso against Mr. Erskine, then at the height of his reputation. The former, bein: timid and nervous, often prefaced his argument witl an spology, and sn allusion to his humility, and once added that he felt himself ing more and more timid as he grew older. — ae not resist retorting: “Every one knows the older a lamb grows the more sheepish he becomes.”
A COUSSEL'S ELOQUENCE CALLED AX xXTIXGUEEITER,
Curran wax describing to the jury a speoch made by Serjeant Hewitt, his opponent, and said, “My: learned friend's speoch fut me exactly in mind of a familiar utensil in domestic use, commonly called an extinguisher, It bogan at a point, and on it went widening and widen- ing, until ot last it fairly put the question out altogethor.”
COUNSKL EXCHANGING HATS.
When Chief Justice Parsons, the American judgo, was a leading advocate, he was engaged in a heavy cass, SPRL tenvellcies teaneuy executes bobnwcs kale and the oppesing Ieader, Mr. Sullivan, During Parsons? harangue, Sullivan picked ap Parsons’ | Eincke hat, sud wrote with m picos of chalk upon it, ~ This is the hat. of n d—d rascal” Tho lawyers sitting round to titter, which called attention to the bat, and the inscription soon caught the eye of Partons, who at once mid: “ May it please your honour, I crave the protection of the court, Brother Sullivan has been stealing my hat, and writing his own name upon it.” This ready wit squared accounts for the time.
THE COUNSEL WHO REPRESENTED THE Poon WIDOW.
Lord Cockburn, the Scotch judge, was sitting alone in the Outer House, when a ery case was commenced, in which there were se counsel, representing many parties. One young counsel, Mr. Macturk, had a vory squeaky voice, and was noted for some qualities that too
ADOUT COUNSEL, CIRCUITS, xTO, 185
froquently made the court laugh. The Jndge seeing this junior standing as if interested, said, “Whom do you ‘appear for, Mr. MacTurk ?” ‘Chat gentleman replied, with a pleasing smirk, “I'm for the widow, Mra. Brown, my Jord” i¢ judge, who was a great master of the pathetic, tamed aside and very audibly ejaculated, “The Lord help her 1"
AN ONSTISATE COU
Crosby, the Scotch advocate (the original of Counsellor Pleydell, in “Guy Mannering,” and who met Dr. Johnson in the company of Boswell) when he once took up an idea, retained it most obstinately, even after there was convincing evidence against it, On occasion of the great cause of Nabob Fullerton v, Orangetleld, where be and Boswell were on opreaite sides, Crosby persisted in thinking his client, Fullerton, was right, when everybody in court was clear against him, Boswell said, “ Crosby's hhead is like a money-box with a slit in the top of it. If once # thing has got into it, you cannot get it again but ee the box, We must break your head,
iy!"
Th.
AN UNDERSTANDING BEYWREN TWO COUNBELe
A counsel at the Chancery bar, by way of denying collusion suspected to exist between him and the counsel representing another party, having euid, “My lord, I asiaro your lordship there is no undorstanding between us" Lord Chancellor Eldon observed, “I once heard a squire in the House of Commons say of himself and another squire, ‘We have nover, through life, had but one idea between us ;’ but I tremble for the suitors when Tam told that two eminent practitioners at my bar have no understanding between them!" When the Welsh jurisdiction was about to be abolished, two judges wens Achat with an understanding that if it was abolishod they should not be éntitlod ton pension; but it was said that all the others had pensions granted to them beeause they had been appointed "without any understanding” —Twiss's Eldon,
186 OURIOSTTINS OF LAW AND LAWYERS.
A CONSULTATION WITH AN EOUINENT COUNSET.
‘Mr. Espinasse mentions his aecompanying a client one evening to Erskine’s chambers, In the room into which ay were shown were between thirty and Fogel re
co a slip of geranium. When
came, he said, " Espinasse, do a you know how many sorts of geraniums there are?” ‘Not T, truly,” was the reply. “There are aboye » handred,” said he, and then, mach to the annoy solicitor present, launched out into a long d tion apon the various merits of each kind. At length he stoppod, and said, “ Espinaase, now state the case, for I have no time to read my brief.” Mr, Espinasse did so, and there the consultation ended, The anxious attorney, however, had the pleasure next morn- ing of hearing his caso admirably argued by Erskine; every point put with accuraey, and enfor with elo- quence.—1 Law and Lawyers, 210,
A DOG ATTENDING CONSULTATIONS.
Erskine would often produce his leeches at consultation, under the name of “bottle eonjurors,” and tho result of the eause aceordiny to the manner in which they ‘swam or crawled ; and a still more favourite amusement with him was to make hi Newfoundland di personate the judge. He had taught this anis with much gravity upon a chair, with his paws placed before him on the table, and occasionally he would puta full-bottom wig on his bead and # band round his neck, placing a black-letter folio before him, The clients, as we may suppose, were much startled by such exhibitions ; ‘but then was the time when he took his amusement, and rising next morning at ecek-erow, he read all his briefs before the court met, and won all the verdicta—6 Camp, ‘Chane, 693,
When a Lord Chancellor was Attorney-General, and attended a consultation where there was considerable difference of opinion between him and his brothor counsel, he delivered his opinion with unusual and misplaced energy, ani ended by striking his hand on the tablo, say-
ABOUT COUNSEL, CIRCUITS, ETC, 1s7
ing, “This, gentlemen, is my opinion.” tone and style so nettled the solicitor, who had froquently
WHY COUNSEL DRINK A POT OF PORTER. A leaned counsel (bn. Brongbham, as some sy), when
the judges hnd retired for a few minutes in the midat of his ‘argument, in which, from their interruptions objections, he did not seem likely to be successful, went ‘out of court too, and on his return stated he had been drinking a pot of porter. Being asked whether he was not afraid that this beverage might dull his intellect 2 “That is just what I want it to do," said he, “to bring me down, if possible to the level of their lordships’ under- standing.
Another story to the same effect is told of Sir John Millicent, the judge, who, though a clever lawyer, was too fond of ‘his cup. He used to explain that there was nothing for it but to drink himself down to the capacity of his colleagues,
A LEADER WHO DREW THE LONG Bow,
Tord Campbell, in his Antobiography, says: “Ourleader, Jervis, was a very gentlemanly man in his mannera and very honourably inclined, but famous for drawing the long bow. The stories he told were, and probably still av by tradition, a source of amusement to the Oxford circuit, As a specimen, he said ‘he kept up a tlock of inbova 1,000 Yockaya ak. hin place in Kent, qwhish ba fattened on grasshoppers’ That one morning he there saw twenty Jays sitting ons tree, and was going to fire at them, when one of them said: *Good morning to you, Mr, Jervis ; good cues Tom Jervis,’ and ho allowed them all to fly away unhurt. 1 once mentioned that I had been reading the Iliad, with the help of an occasional
188 — CURIOKERIEs OF LAW AXD Lawyens.
peep at the Latin translation; and he vaid: ‘I make it a
rule to rend through the whole of Homer's works once a
year’—the fact being, that he had never been at the
‘aniversity and did not know a word of Greek. We
ee should be, ‘Here ceaseth to lie Jervis !""—1 L. Camp. Life, 250.
COUNSEL CALLKD ON FOR m18 AUTHORITY. Serjeant Wilkins, defending a prisoner, said, “Drink has upon some an elevating, upon fests ing effet Indeed, there is a re as weall know, that an eminent jndge, when at the bar, was obliged to resort to heavy i , to reduce himself to the level of the juilges wan, the judge, who had no love to ‘Wilkins, bridled up instantly. His voice trembled with indignation as he uttered the words: “Whore is the report, sir? Wi is it?” There was a denth-like silence. Wilkins calmly turned round to the judge and said: “It was burnt, my lord, in the Temple fire” The effect: of this was considerable, and it was a long time before order could be restored, but Lord Denman was ono of the first to acknowledge the wit of the answor. —2 Woolrych Serj., 876.
SERIJEANT BUZEUX MISSING A POINT.
Adolphus, the criminal lawyer, once said to Dickens, on mocting hit at Barbam's, “I have often longed to tell you of a bit Serjeant Buzfuz mixed in the trial of Bardell ¥, Pickwick. “In the celebrated speech of Serjeant Bezfux he reads Pickwick's letter -— Gannawar's, 12 o'clock, “Dear Mrs. B., chops and tomato saseo,
“Yours, Prexwice.
='Gentlenen, says the learned serjeant, ‘what dooa this mean?’ ete, ete. Now, here Bozfux missed his triuin- phant point, which was this, ‘Gentlewen, T need not tell you the popular name for tomato is the love-apple! Ts it'not clear what this base deceiver meant? The out. of love and tonder feelings implicd by tomato
‘sauce cannot be misunderstood,’ "—Adolphus Mem, 246,
AVOUT COUNSEL, CIRCUITS, ETC. 189
OOUNSEL DRAWN ON TO PRODUCE A DOCUMENT,
The Duke of Wellington said of Searlett, that when he was addressing a jury there woro thirteen jurymon. ‘Scarlett was not famed for eloquence, but for consummate tact and case. Justice Patteson told a story of Scarlett's dexterity inthe conduct ofa cause. Scarlett and Patteson ‘wero on one side, and Broughatn and Parke on the othor. Scarlett told Patteson that he would manage to make Brougham produce in evidence a written instrument, the withholding of which, on account of tho insufficioney of the stamp, was essential for the success of his case, On Patteson observing that, even if he could throw Brougham off his guard, he could not be so successful with Parke, Searlett said he would try. Hoe thon conducted the case with such consummate dexterity, pretending to disbelieve ‘the existence of the document raferred to, that Brougham and Parke resolved to produce it; not being aware that Searlott had any snspicion of ita invalidity. Pattesou described the extreme surprise and mortification of Scarlett on its production by Brougham, with a flourish of trampets about “ the non-existence of which docament his learned friend had reckonod on so confidently.” Tho n'a which Scarlett asked to look at the instrament,
his agsumed astonishment at the discovery of the insufficiency of the stamp, were a masterpiece of acting.
AN INISH COUNSEL INVENTING AN ADJECTIVE.
Mr. Egan, an Trish barrister, in addressing a jary, having iecbanstal aveeyotdnary eplihat of theEezilsh langukge sounding in abuse, stopped fora word, and then added, “this naufrageous rufhans. Whon afterwards asked by his friends the meaning of this word, be confessed be did not know, but said he thought it soundod well.
TICKLING A CLIRNT,
The Scotch advocate, Henry Erskine, was defending a client, a lady of the name of Tickell, before a Seotch fades, who was an intimate friend; and Erskine being a
umourist, he chose to commence his addvess to the j
190 = cunlosiTiEs OF LAW AND LAWYERS.
in these terms: “Tickell, my cliont, my lord.” The judge at once interrupted him by saying: “Tickle her yourself, Harry ; you aro as ablo to do it as Lam!”
A YOUNG COUSSRL UNSKILLED IN INDORSEMESTS,
Sere A its ied A to the bar, and not yet familiar with the contractions usual in legal documents, reeolved a brief with this indorsement : “Nokes v. Sykes. I jana lo move for acommon to examine witnesses.” ‘Tho young counsel, with great confidence, humbly moved their ips for a common to examine witnesses, “A what, sir?” asked the Chief Justice. “T humbly move for a common to examine witnesses.” “Pray sir,” said the chief, “ are your witnesses numerous?" “ Yes, my lord.” “Then take Salisbury Plain!” The youth did not know that the word intended was comnvission to examine wit- nesses : and henco the Chief Justice made # fair enough joke out of it,
It is also enid that a counsel, whose mastery of the Latin was doubted, once moved the court of King’s Bench for two mandami, which greatly aatonishod their lordships, who had hitherto been quite contented with one mandamus at a timo,
SETTING UP A DEFENCE OF ROBBERY HY raRscnirTios.
Justice Manwood said, “ When I was servant to Sir Jarnes Hales, a justice of the Common Pleas, one of his servants was rol at Gadshill, near Gravesend, Kent, and he sued the men of the Hundred upon an old statute of Winton for the lox of the gooda Serjeant Harris was counsel for tho inhabitants, and pleaded for them, that time out of mind felons had used to rob at Gndshill, and hence the Hundred was panes by immemorial
iption, But the inhabitants lost the judgment Wpwithetanding this novel plea a A COUNSEL ANGULNYG DROLLY, A Scotch counsel named Ras was ono day
a case with much extravagant drollery. Mr. pee net of him, “ He has been to-day not only Rae, but outné.”
_|
ABOUT COUNSEL, CIRCUITS, ETC. 191
‘COUNSEL ILLUSTRATING THE FOLLY OF CREDULITY.
Serjeant Parry, ina case where oxtraondinary credulity and knavery wore apparent, explained the situation to the jury by this apologue. An Enstern sovereign was waited on by some merchants who oxhibited for salo sevoral finn horses. The king admired them, hought them, and gave the morchanta a lac of rupees to purchase mora of the same and bring them. Afterwards, in a sportive humour, the king ordered his vizier to make out a list of all the fools in his dominions, He did so, and put his Mnjesty’s name at the head of them. The king asked why, When the vizier replied, “ Because you entrusted. a Inc of rupees to men you did not know, and who will nover come back aguin.” “Ay, but suppose they should come back again then I shall erase your Majesty's name and insert theirs.”
COMMON SENSK THE SAME IN ALL LANGUAGES,
Mr, John Clerk, an eminent Scotch counsel, was anguin, at tho bar of the House of Lords in a Scatel: appeal, an turning his periods in the brondest Scotch, and after clinching o point, added, “That's the whole thing in plain Ea adh, Se lorrdds.” Wpan whieh Loni lion replied: “You mean in plain Scotch, Mr. Clerk." The advocate readily retorted, “Nae maitter! in plain. com- mon sense, ma lords, and that’s the same in a’ languages, we ken weel eneuch.”
COUNSRE MINTAKING THIS SIDE,
Lord Eldon suid, “I was once junior to Mr, Dunning, who began his argument and appeared to me to be reasoning very powerfully against our clint, Waiting till T was quite convinced that he had mistaken for what party he was retained, I then touched his arm, and upon
is turning his head towards me, I whispered to him that ho must have misunderstood for whom he was employed, as ho was reasoning against our clivut. He gaye men very rough and rude reprimand for not having sooner set Faoet ae and then proceeded to state that what he ad-
to the court was all that could be stated against
192 cumiosrrres oF Law AND LAWYERS.
his client, und that ho had put the case as unfavourably x pomiblo against him in order that tho court might aco how very satisfactorily the case against him could be
|. And, accordingly, Dunning ver aswweved what ho had 2 stated. Tara tile otf,
COUNSEL FORGETTING WHICH SIDE HE 18 OM,
One day, in 1788, in court, Mr. Brown, a counsel, hind been ing in support of u petition before tho Mastor of the Rolls, and was followed by another counsel on the same side. Mr. Brown was horrified on discovering that he had mistaken his side, and asked the judge's pardon, and said he had instructions to oppose the petition, The judge goolnaturedly begged Mr. Brown to proceed, ob- verving that he knew no counsel who was better able to Cote his hat Seay bee ape 3 same circumstance ied once to ani to Joba Clerk, a Seotcls advoute, a
A POMPOUS COUNSEL FALLING OVER A STILE.
Andrew Balfour, one of the commisssrics of Edinburgh, was a man of much pomposity of manner, ap ani expression. Harry Erikine met him one moming coming into the court, and observing that he was lame, said to him, “What has happened, commissary? T am sorry to seo you limping." "I was visiting my brother in Fife,” answered the commissary, “and I fell over his wiley ad hadi nearly broken my Teg” “Twas lucky, commissary,” replied Harry, “it was not your own style, for you would then have broken your neck.”"— Kay's Portraits,
BORING I$ MATTER OF BCIENCK.
Mr. Caldecot, a groat sessions Inwyer, but known as a dreadfil' bore” wen arguing ta the Kings Bech & ime quarries
length, that, “like lead and copper mines, they were not alate, Vecaase the Kinestons-in them’ old only be
ADOUT COURSEL, CIRCUITS, ETC. 193
reachal by deep boring, which was matter of science.” Lord Ellenborough, C. J., said, “You will hardly suecood in convincing us, sir, that every species of boring is inatter of science,”
THE PRERS CONSULTING ON A POINT RAISRD RY COUNSRI.
Sorjeant Whitaker was conducting an examination at tho bar of the House of Lords in a divorce case, and an objection boing taken to some question, counsel wero ordered to withdraw, and there was a deliberation of two hours, - Nothing was resolved on, and when ho was readmitted, he was requested to put the question again, With great cleverness, ho answered, “Upon my word, my lords, it is so long since I put the first ques- tion, that I entirely forget it, but with your lcave, I'll now put another,"—2 Woolrych Serj, 564
COUNSEL CHALLENGED TO FIGHT.
Once Serjeant oy called out by an infuriated party whom he slindered, and the challenger actually went on to Dorcliester, and knocking at a very earl: hour at the door of the house where the lawyer lodged, upon its being opened, ho walked into the house, and walked from room to room till he found bimself in the room where the Jawyer was in bed, He drow open the curtains, and said that the lawyer must well know what his errand was—that he came to demand satisfaction— that he too well knew that the pervon upon whom that demand was mado was unwilling to comply with it; but that satisfaction be eat re pou have. one serjeant began to apologise. ntleman said he was not to be appeased by a) legless or words. His honour had been tarnished, and the satisfaction which one gentleman owed to another gentleman whom he had ealumniated, he came to demand and to insist upon. “Well,” said the serjeant; “ ly you don’t mean to fall upon a naked man unarmed and in bed?” “Oh no, sir!” said tho gontleman; “you can't but know in oe paainie Ln of Leet creer Pere leman man!” “Very right,” saya the orients Senith Fun givens oer Fi aha that you
194 CURIOSITIES OF LAW AXD LAWYERS.
don't moan to fall upon me naked and unarmed in bed, T give you mine that I will not got out of bed till you are gone out of town, and I am in no danger of secing you again."—2 Woolrych Serj, 628.
A SERJEAST WHO HAD BEEN AN ACCOUCHEUR,
A learned serjeant had bsen bred an apothecary end
oa popes roy tho bar. Young M wl inning ab 4 had the curionity to ib down'a bpelch.of the sictaaiig which consi Se ee ee ee This speech he afterwards showed to Chief Baron Skinner, who, instead of laugh! at it with the rest of the company, very gravely “that he thought the serjesnt very ill treated, for though it was trae he often delivered other people, it was never understood that he could deliver himself.
4 JUDGE'S SON WANDERING FROM THE POINT.
Justice Willes, the son of Chief Justice Wiles, had been aye iene and was made a justices of the King’s Bench, but was always supposed (0 be of slnser intel When at the bar and argaing a cas, the court soveral times checked him for wandering from the point, till at last he sid testily, “I wish you would remember that I am tho son of n chiof justice.” Upon thia old Justice Gould naively answored, “Oh, we remember your father, but he was a sensible man!"
“HAVE YOU IEARD OF MY Sox's ROBBERY?”
A tiresome friend met Parsons, the Trish barrister, one day, and ssid to him,“ Mr. Parsons, have you heard
A NOME OUTSIDE THE COURT.
Parsons, the Irish barrister, was in case on eirenit before Lord Norbury ; and when his lordship was speak~ ‘ing, an ass ontaide brayed so loudly that no one could
AHOUT COUNSEL, CIRCUITS, ETC. 195
hear his lordship, Ho exclaimed teatily, “Do stop that noise!” Parsons said with much gravity, “My lord, there is a groat echo in the court!”
WHAT 15 A PERSONAL NARKATIVE,
Lord Wellesley's aide-de-camp, Keppel, wrote a book of travels, and called it his personal narrative. Lord Wollesley was quizuing it, and said to Lord Plunket, “Personal narrative—what is a personal narrative, Lord Plunket? What should you a personal narrative panes: bye, Chunk anayeryd : "My lord, you mad we lw ways. underat personal as contradixtin- guided from Peal”
LAWYERS AS VOLUNTEERS IX THE “DEVIL'S OWS.”
Lord Keeper Littleton, in 1645, proposed to raise a volunteer corpse, which he himself was to command, to consist of lawyers and gentlemen of the Inns of Court and ry, Officers of the different courts of justice, and all who were willing to draw a weapon for Church and King under the auspices of the Lord Keeper. The offer waa accepted, and & commission was granted to him. anarsinE to a statement by the editor of his “Reports,” the Lord Keeper's military zeal wns felt ef all membors of the profession of the law then at Oxford, the judges Pedidak st sige colooe Cnt in fk rogi- mont, in which were listed all tho judgos, lawyors, and officorm bolonging to tho general courta of justice.” This Lord Campbell of the gallant corps in which he himself served in his youth, “the B.LCA,
“ Bloomsbury and Inns of Court Association,” consis
a, Taw, Lord Keeper
196 = CURIOSITIES OF LAW AND LAWYERS.
recorded a8 the last successor of Turketel, Thomas-A- Becket, and the Earl of Salisbury, who ever carried arma while head of the law.—2 Camp, Livos of Chanc., 604.
LAWYER AS TOLUNTRERS,
Tn 1803, out of the 300,000 volunteers onrolled and disciplined, the lawyers in the lin raised two regiments—the * B.I.C.A.,” or “ Bloomsbury end Inns of Court Association," and the “Temple Corps” generally called “The Devil's Own." The comm of the latter ‘was conferred upon Erskine. Lord Campbell says, as to this: “Having myself served in the ranks of the former, Tam not able, from personal observation, to criticise his military prowess; but I well remember we heard many stories of the blunders which he committed, and we thought ourselves bucky to be under the orders of Licutemant-Colonel Cox, a warlike Master in Chancery. Law, then the Attorney-General, afterwards Lord Chief Justics Ellenborough, was reported to be a fair specimen of them ; for, even with the help of chalk, be never could be taught the difference between marching with his right or left foot foremost; and all the time he was in the service he continued in thoawkward squad, There were likewise @ good many attorneys belonging to us, who brought down many jests upon us; among others, that, upon the word given, ‘prepare to chargo, they all pulled ‘out pen, ink, and paper, and being ordered to ‘charge,’ thoy eae cee Ga Sd. or 13a del. we soul of our corps was tl ijutant, my friend Will Harrison, Sib. withises'osld talk Of nothing: bat nities, sad seemed to think himself as great a military genius as Napoleon, although be talked bch law as reghinantal — which he eetead of re at; ae was
id he was ‘a general among lawyers, and a lawyer among generals’ —6 Camp. Chance, tH.
LAWYERS RESIGNING AS VOLUNTEERS. Erskine once came before the public with military
ee Other civilians, as well as the lawyers, a military wis aie the danger of Tavasioa bad
ABOUT COUNSEL, CIRCUITS, ETO. 197
by, and longed to retire from the volunteers; but the government wished to keep up the force on its present Eee insisted they were bound to serve during the war. The Attorney and Solicitor-Goneral having given an opinion to this effect, Erskine was consulted, and thus ‘expressed himaolf respecting the nature and extent of the engagement of volunteers: “If the term volunteer ia supposed to be satisfied by the original spontaneousness of the onrolment, leaving bim wards indefinitely bound, then every enlisted soldier must equally be con- sidered to be a volunteer, and, with difforence of recoiving money, and the local extent of service excepted, would be mee ‘an equal footing, both as to merit and independence, juch a doctrine appears to me to be equally unjust and ie, Unjust, because for the voluntecr’s engagement ‘there is no consideration but the sense of honour and duty, the reward of which is sullied if the service does not continue to be voluntary, Impolitic, because it is overlooking a motive of nection infinitely nore powerful than the force of any human authority, to take no acesunt of that invincible sensibility in the mind of man for the opinion of his fellow-creatures,” He further examined the statutes upon the eubject, and came to the clear conclusion that any member of a volunteer corps might resign at pleasnre; although, while he continued to serve, he was subject to military law. ‘The conflicting opinions were published in all the newspapers, and caused general confusion, till the question was regularly brought before the Court of King’s Bench, of which Lord Ellen- borough was now the distinguished head. The ease having been elaborately argued by Percival, the Attorney+ General, on the one gide, and Erskine on the other, judges ananimously determined in favour of the power of resignation ; the champion of it was extolled as a great lawyer as well ag advocate, if not as a great military commander.—6 Camp. Chane, 549,
LAWYER BARGAINING FOR FIXTURES,
Sir Fletcher Norton, Attorney-General in 1764 (after= wards the Speaker), and whose mother lived in a small house in Preston, resolved to buy a better house for her,
188 = CURIOSITIES OF LAW AND LAWYERS.
and ht one, And in that bouxe were two pir Siich the roasts f valued at £60. The ere] ‘Goneral insisted on having them for nothing, as fixtures, ‘The vendor would not agree to this, and so the bargain went off—Walpolo’s Letters,
“THE CASK 18 ALTERED, QUOTH PLOWDEX,”
This professional ‘b arose out of the following incident. One day whilst residing on one of his estates, some ns came to Serjeant Plowden, with no goodwill, to inform hin that mass was about to be celebrated ina certain house in the neighbourhood; he might wish to assist at it, Plowdon bastened to tho place, and was son to make the sign of the cross and use his prayer-book, For this offence he was shortly afterwards summonod. Ho was suspicious of foul play somewhore, and crose examinod the witnesses, and amengst others the priest who had officiated, He demanded of this man whether be would swear that he was a priest To this question the answer was in the nogative. Wherefore Plowden exclaimed, “The case is altered: no priest, no man; po man, no violation of the law." It Seon ® common proverb afterwards to say, when acase broke down on the
is altered, quoth Plowden."—1 Weolryeh's
A PHYSICIAN SUFYEIING A RECOVERY.
“A physician who had a thorough hatred of law: on en he vented his bile, was in company with @ barrister, when be reproached the latter for being in a profession which phreses that wero utterly unin- ligible, “For example,” said he, “I never could under- hat you lawyers mean ad docking an entail.” “That i very likely,” answered the lawyer; “but I will explain it to you! it is doing what you doctors never consent to, suilering a recovery,”
COMMITTING A CAUSE TO 4 MANTER.
Lord Bacon has recorded two of Lord Chancellor Ellesmere’s jexts, whieh, although thoy appear among
ABOUT COUNSEL, CIROUITS, ETO. 199
many of infinite value in whut Lord Macaulay considers “the best jest-book in the world,” make us rather rejoice that no more of them have beon preserved. They were wont to call “referring to the Master in Chancery,” oom- mitling. My Lord Teper Egerton, when he was Master of the ‘was wont to ask, What the cause had done, that it should be committed ?"
ASKING A JUDGE TO SIGN AN ORDER,
My Lord Chancellor Ellesmore, when he had read a eee which he disliked, would say, “ What, would you
we my hand to this now 1” And the party anawering “Yes,” ho would say farther: “Well, you shall; nay, you shall have both my hands to it." And so rrould, with both his bands, tear it in piccos,—Bae, Apopth.
(A COUNSEL SEEKING AN APPOINTMENT,
A Welsh judge, famous both for his neglock of personal cleanliness and his inaatinble desire for some good place, was once addrosaed by Mr, Jekyll: “ My dear sir, as you have asked the minister for everything else, iy nee you nover asked him fora piece of soap and pail-brust: ‘ad
A little fellow at the bar, who had scarcely any business, was one day endeavouring to get the judge to attend to a motion he wanted to make, but it was no use; he never could eatch the judge's eye. Jekyll, look at the bench, said in on inimitable tone, “De minimis non owrat tex,"
THE BAB AND 118 KUQUETTH. Professional etiquetto has been carried to w ridiculous extent at the English bar—ns in forbidding a barrister on the circuit to dine with an attorney, or to dance with an attorney's daughter; whereas the attorney is often fa gentleman as well born, ua well educated, and as well anannered ns the barrister. But the respectability of the order of the bar, and, consequently, the public good, yptorily require that all solicitations of business by Pires should be forbidden, and that all indirect
200 = cURIOSITIRS OF LAW AND LaWrens,
wwans to obtain it should be considered discreditable
SE rroaent peered ie means o! court, wl ou ices
Be roped —6 Cann. Chane, 86 re
INVITING A JUDGE O¥ CIRCUIT TO DINNER,
An old author relates the following anecdote, to illus- tmte the purity and good humour of Chicf Justico Markbam. “ A lady would traverse a suit of law against the will of bee oy a es waa contented to bay his
jet vit will thermin, though otherwise: iy ee ee Roe ‘This lady, dwelling in the shire town, invited the judge to dinner, and (hough thrifty enough herself) trented him with sumptuous entertainment Dinner being done, and the cause being culled, the judge clearly gave it against her. And when, in passion, she vowed nover to invite a judge again, ‘Nay, wife, said he, ‘ vow never to invite a just judge any more.”
JUDGES ON CIRCUIT OPENING THR ARsIZES,
‘The jor now-a-days would bo surprised to receive such circulnrs ax were usually sent to them by the Lord Chancellors, and oven 80 late as by Lord Cowper, Lord Ghavealior in 116 sie are left to their own
‘as to the topii will onl upon,
are mp linger lectared and edvised os to their Cote It being contrary to etiquette for barristers to be present, 0 that “ the suges of the Jaw” may have greater licence, and may, without scruple, repeat the same fine senteners in every county on the circuit, Lord Campbell said that be limself never heard any of these discourses, bat he had been obliged in the House of Commons to censure some of thom. Addrewes to the grand jury are best employed in seraenling upon the cases iu enlendar which are coming on for trial. Observations are some- peel peatety ie ont bores the country; ber ju now A er we party politics am
itn of vexed political ccomay. A teen or toed
2 fp Reg bre he io grand jury in &
county, told him that baving beard from
ABOUT COUNSEL, CLICUITS, BTC, 201
igo of assizo a panegyrie on the corn lawa, he had a great inclination to answer him; and a juryman who hears political nonsense from the bench, was, according to Campbell, justified in refuting it on the spot— 4 Camp, Chane, 361,
JUDGES DINING ON CIRCUIT.
Baron Graham related to Lord Campholl the following anecdote, to show that he had more firmness than Judge Hale, “hero was m baronet of anciont family wit whom the judges going the Western Circuit had always ‘been accustomed to dine. When I went that circuit, I heard that cause in which he was plaintiff was coming on for trial; but the usual invitation was received, and, lost the people might suppose that judges could be influenced by a dinner, I accepted it. The defendant, & neighbouring squire, being dreadfully alarmed by this intel , said to himself, ‘Well, if Sic John enter« tains the jugs hospitably, Ido not See why T should not do the same by the jury.’, ‘So he invited to dinner the whole of the special jury summoned to try the cause, Thereupon the baronet's courage failed him, and he withdrow the record, so that the cause was not tried ; and, although T bad’ my dinner, I eecaped all suspicion of partiality,’—1 Camp. Ch. dx 685.
COUNSEL CHANGING THEIR CIRCUITS.
‘Wedderburn had never gone any circuit before be got asilk gown; and no rulc enn be better catablished than that a barrister is not for the first time to join a circuit with a great professional reputation already acquired, whereby he may at once step into full business, and suddenly disturb vested rights. For this reason a barrister may only change his cireuit once, and thie must bo done (if at all) while he is still “clothed in stuf,” The pale for the transgression of such a rule is, that the otfonder is excluded from the bar mess on the cireuit, and although he cannot be prevented from appearing in court and pleading a cause for any client who Ea employ him, no other barrister will bold a brief with him, and he is “sent to Coventry.” The
202 © cuntosimigs OF LAW AND LAWYERS.
spirit, if not the letter of this law, was now flagrant broken by Wedderbarn. Sir Fletcher Marton leeks
being made A -General, and bad gi ane petntgy, iia to bs Wt eis “Pero
An extraordinary meeting of the Northern Circuit bar was immediately called, when it was moved, that no member of it should hold a brief with the interloper. Tf this bad been carried unanimously, he must have packed up his wig and bis silk gown and instantly mtarnedto London, Bat Wallace, afterwards Attorney- General, dissented. So Wedderburn was allowed to go on—6 Camp. Chane., 62.
AS OCULIT DINING WITH DAKIISTRES OX CrROUTT.
‘Taylor, the ceulist, was invited to dine with the barris- ters of the Oxford Circuit, and in course of the evening SAE char himself to have performed wonders uj
icrm, 80 that Bearcroft, ono of the leaders, was out of buwour with so much self-conceit. At Inst Bear- a Matte faa ed have told us of & many things which you have Rh ao ea ae ‘you be #6 good ax to try to tell us anything which you cannot
ABOUT COUNSEL, CIRCUITS, EFC. 203
do?” “Nothing so easy,” replied Taylor. “I cannot, for example, be 80 indecent aa to pay my share of this excellent dinner bill, and that, air, I must ask you kindly to do for me."
A COUNSEL GETTING A BED ON cluCUIT.
thas Whitaker was on the Norfolk Circuit., A friend at one of tho assize towns offered him a bed, The next morning the lady of the house asked how ho had asd 4s and hoped that he had found himself comfortable and warm, “Yoo, madam, yes; pretty well on tho whole. ‘At first, to be sure, L felt a little queer, for want of Mrs. Whitaker; but, a that my pormantean lay in the room, I threw it behind my back, and it did every bit ‘as woll-—2 Woolrych Serj., 565.
AN EMINENT COUNSEL PICKING UP BARGAINS ON CIRCUIT,
Lord Campbell, in his Autobiography, says: “Taunton, a leader of our sessions and afterwards a judge of the Gout of King's, Beueb, tad gained great Teputation at Christchurch under Dean Jackson, He was @ fine scholar as well as a deep lawyer, and I think he would have made a greater figure in lifo, had not the offect of his qualities been impaired by the most unaccountable love of saving. I was onco returning with him by the mail coach from the sessions, when he said, ‘I think L have done rather a clever thing: T found that meat is a penny 4 pound cheaper at Gloucestor than in London, und 1 have brought enough to serve my family for a week: But 53 wo were leaving tho pat of the Golden Cros, Charing Cross, where we alighted, I found him ina violent altercation with the coachman, who insisted on detaining his trunk till he should pay twopence w pound for his extra h . He was famous for grumbling at his ill luck, He said if he bad only two briefs at the assizes, one in the civil and one in the crown court, the two caso were sure to come on at the same moment. Heuris Hine ie walue.of property daar the rivet Theniasihad risen by the construction of Waterloo bridge, he obsarved, “It will be long before they build such # bridge near my house in Chancery Lane !’"—1 L. Camp, Life, 258.
204 oUmiosiTINS OF LAW AND LawyEns.
JUDGE TAKING HIS WIFE ON CIRCUIT,
Lord tot agate Solange a 2 the circuit, when Lady Ellenborough said she would like to accom- pany him. He replied that be bad no objection, provided she did not encumber the earriage with bandboxes, which were his utter abhorrunee. During the first da Journey Lord Ellenborough, happening to stretch his oe
his foot eceten smaeaaey al the seat. He discovered that it was a bandbox. Up went the window and out went the bandbox. The cosclinan stopped. and the footman, thinking that the bandbex had tumbled out of the window by some extraordinary ehance, yas ging w pick it up, when Lord Ellenborough furiously ealled out, “Drive on!” ‘The bandbax accordingly was left by the ae Having Sra putes town where he was to officinte as judge, jenborough proceeded to himeelf for his appearance in the Court-house. “Now,” said he, “where's my wig, where is my wig?” ~My Lord,” replied his attendant, "it was thrown oat of the carringe window.”
CHIEY JUSTICE MALE AND JOHN BUNYAX'S WIFR,
John Banyan's wif went to Lord Hale on circuit to ask if hor husband could be discharged. Tho jadges thus treated her:—Sir Matthew Hale: * Alas, poor woman 1” Judge len: “ Poverty is your cleak, be Tbear your bustand is better maintained by running up and down a reach than by following his calling.” Sir Matthew
fale: ~ What is his calling?" Elizabeth: “A tinker, please you, my lord ; saad cae he isa tinker, and o poor mau, therofore he is despised, and cannot have justice.” Sir Matthow Hale: “1 am traly sorry we ean do you no good. Sitting here, we can only act ax the law gives us warrants; and we have no power to reverse the sentence, although it may be erroncoux, What your husband mid was taken for a confession, and he stands convicted. There is, therefore, no course for you bat to apply to the King for a pardon, or to sue out a writ of error, and the indictment, or subsequent ines being shown to be contmry to law, the sentence shall reversed, and your husband shall be set at Hberty. I
ABOUT COUNSEL, CIRCUITS, ETC. 205
‘am truly sorry for your pitiablo ease. T wish T could mere 700, but I feur I can do you no good!"—State
A CONCISE COUNSEL'S STOKY O¥ CIRCUIT,
Tord al a snys that when George Wood, after- wards Baron Wood, was on the Northorn Cireuit, one of the great amusements after dinner at the circuit table wan to hoar that counsel tell his favourite concise story, or rather report, of a case that actually occurred, It was the only story he could tell, and he always told it in the same words, and with the same unbounded applause, though everybody knew it by heart. It was this: © A man having stolen a fish, one, seeing him carry it awa half under his coat, said, Friend, when next you steal, take @ shorter fish, or wear a longer coat.’" This narra~ tive, consisting of thirty-one words, was admitted to give & very graphic roport of tho whole situation, and to allow scope to every one’s imagination to fill up the outlines,
0 samo eminent ploador, Mr, Wood, used to make very concise speoches to the jury. And when he usod to be interrupted and sot right as to some point, whether of fact or lnw, whatever it might be, he invariably retorted in the same style, “Truc, gentlemen, it is na the learned counsel says, but so much the worse for his argument." 21. Brougham's Works, 371.
A JUDOE SAVING A POIST ON CIRCUIT.
When old Judge Henn was on circuit in 1789 at Wexford, two ‘oung barristers contended before him with great zeal und pertinacity, onch flatly contradicting the goies sa tn Ab oslane of tha cones orp Sare ite the argument, again and again referred with exemplary confidence to the learned judge, as so well knowing that what was said by bim (the speaker) was right. The judge said, “ Well, gentlemen ! can I settle this watter bebween yout You, sir, aay positively the law is one way; and ‘fand you, sir, (turning to the ssepeneds) ae unequivocally say itis the other way. to God, Billy Harris, Cesk over and addrousing the registrar who sat beneath him) F'knew what the Inw really was!” “My lord,”
206 «= CURIOSITIES OF LAW AND LAWYERS.
repliod Harris, rising and turning round with cee Geos rai peaneeh aie jeteli ar, Assure your lordship that I would tell your lordship with a ensure: en, exe!
deal of pil 1" “Thon,” exclaimed the judge, “sell save the point, Billy Harris!”
COUNEEE ON CIRCUIT AT CONSULTATION.
Serjeant Cockle'’s convivial ‘were most remark- able, on circuit, waa once retained in @ very important case to be tried at York, and ateonded consultation the night previously, to determine on the line of defence, To the consternation of his client, the serjeant entered the room in a state of intoxication, and plainly showod that he was in no condition to attend to =, business, He assured the attorney, however, that “all would bo right in the morning,” an assurance which did not give him much comfort, then tied a wet napkin round his head, and desired his junior, Mr. Maude, to infers SE OE Mie eretint pape ot Gite) After this he went to sleep for a few hours, and presented himself in the court next morning as fresh and ready as if he had pamed the night in a very different manner. He cross-examined the witoesecs with his usual tact and Jonmaes ad. his address to the court was as spirited
foreible as any he had ever delivered. Not only did ih A peace ao = eS his client, but is
to have distinguial irae & greater degree than ever he had done before.
A JUDGE INVITING HIMSELF TO BRRAKPAST.
Lord Kames, when holding a criminal court on tho Porth Cireuit, after a witness on a capital trial concluded his evi yee to peng? Ser have one ques- tion more to le remeta are on cath, You say jou are from Brechin 1” "Yea my lord.” “When do you return thither?” “To-morrow, my lori.” “Do you know Colin Gillies?” “ Yes, my eit know him very well.” “Then tell him that shall brenkfnst with him on Tuesday morning.”
ABOUT COUNSEL, CrROUITS, RTO. 207
SALARY OF QUEEN'S COUNSEL.
the rafen of Willism IV. whon ie wns vory proper gud ine
moderate salary of the Attorney-General was swept away at tho samo time, although ho was still compelled to pay the land tax upon it, —2 Camp, Chane, 322,
COUNSEL BULLYING WITNESSES.
The Attornoy-General, Coke, at the trial of Sir Walter Raleigh, stoppod Raleigh in his defence, denounced him as an atheist, saying that he had an English faeo but a Spanish heart, Cecil, ome of the commissioners, said, “Bo not so impatient, Mr, Attorney; him loavo to
” Goke. * Lf I may not be patiently heard, you will (nace eet plene fretenelaceir Acoenhe King’s sworn servant, and I must speak. If he be guilty, ho is a traitor ; if not, deliver him." (Note. Mr. wat down in a chafo, and would speak no more until the commissioners urged and entreated him. After much ado he went on, and mado a long repetition of all the evidence for the direction of the jury ; and at the repeat ing of some things Sir Walter Raleigh interrupted him, and said he did bim wrong.) Coke. “Thou art the most vile and execrable traitor that ever lived." Raleiy “You speak indiscreetly, barbarously, and uncivilly.” Coke. “1 want words suiticient to express your viperous treasons.” aleigh, “I think you want words, indeed, for you have spoken one thing half a dozen times’ Coke, “Thou an odious follow; thy name is hateful to all the realm of England for thy pride.” Raleigh. “It will go near to prove a measuring cast betwoen you and me, Mr, Attorney.” Coke, “ Well, 1 will now make it appear to the that there never lived a viler vij upon the face of the earth than thou."-—2. State Trials, 26.
LEADING COUNSEL AND THEIR DEVILS.
Campbell says of Serjeant Copley (Lord Iaynd-
hurst): “He was unscrupulous in his statement ot
208 = CURIOSITIES OF LAW AXD LawYEns.
when opening hix case to the jury, more particularly when ino know that he was to leavo the court nt the conelusion of his address, on the plea of attending to public business elsewhere. I was often his junior, and on one of these oceasions, when he wns stating a triumphant defence, which we had no evidence to prove, I several times placked him by the gown, and tried to check him. Hav-
side, taken in by his bold opening, very readily assented.”
arke, the leader of the Midland Circuit (under whom Copley was reared), having in the middle of his opening speoch observed a nogotiation goingon for the sottloment of the causo, stated confidently an important. fact which he had imagined at the moment. hae Bar seas we erin said to him
ivately, * Sir, don't you think we have got very
Temat Bat you mther went beyond my ache ht “You fool!” cried he, “how do you supposs yoa could have got such terms, if I had stuck to your instructions?”
OFFICIAL COSTUME OF TAT
Daring the reign of Mary, the lawyors devoted much of their attention to the regulation of their own dress and
sonal appearance. To check the grievance of " long carder an ecttae-sope laren by te Lape Sinn pla than no fellow of that house should wear his beard above three weeks’ growth, ccilere of forfeiting 20s.” The Middle Temple enacted, “that none of that society should wear great breeches in their hose, made after the Dutch, Spanish ‘or Almain fashion, or lawn upon their eaps, or cut doub- lets, under a penalty of 3s. 4d, and for tho second offence.” In 3 and 4 Ph. Mary it was
1¥ light colours, save pearlet and crimson, nor wear upper velvet cap, or any scarf or wings in their
ABOUT COUNSEL, CIRCUITS, ETC. 209
white jerkins, busking, or velvet shoes, double cuils in their shirts, foathors or ribbons in their caps, and that none should wear their ad gowns in the city any farthor than Fleet Bridge or Holborn Bridge; nor whi in commons, wear Spanish cloaks, sword and buckler, or rapicr, or gowns and bats, or gowns girded with o dagger pe —Dugd, Orig. Jur., 148,
COSTUME OF LAWYERS,
Jolin Whiddon, a justice of the King’s Bench in the first year of Queen Mary ‘was the first of the judges who rode ‘to Weatminater Hall on a horze, for before that time they rode on mules.
Tn the time of Charles 11, one of the judges fall off his horse at Charing Cross, causing great excitement,
‘The habits of the judges in ancient times Being very ‘various, a solemn decree was made by all the judges of the courts at Westminster, in 1636, subscribed by them all, appointing what robes they should thenceforth use and at what times; which rule hath been since observed, —Cami, Soc. No. 5, 120.
COSTUME OF BENCH AND BAR,
Tn the middle of the seventeenth century, the common adhered to their cvifs, or black cloth cay vy still put on when thay pass sentence of death: Lord Chancellor and the Speaker of the House of Commons wore round-crowned beaver bats ‘Tbe full- bottom and the threo-cornered cocked hat, were in- troduced from France after the Restoration, Barristers’ wigs came in at the same timo; but: very gradually, for the eae first thought them so coxcombical that they would not suffer young aspirants to plead before them so attired. Who would have pies that this grotesque ornament, fit only for an African chief, would be con- lisponsably necessary for the administration of justice in the middle of the nineteenth century?—1 Camp, Ch. Jda, 483. “
law jui wrhich tl but the
210 —cURIOgITIES OF LAW AND LAWYERS.
ORIGIN OF BARRISTERS AND INNS OF COURT.
‘The firet instance occurs ere Jo a selene ea of an advocate being maves employed in the ft affairs, fourteen years, from $8 to 62 Hen. Light we ae ie coat aes SE
ey aa for the King, eee ie ye ie ie latte year ho was raised to bene! at schools were ‘stablishod in aie ees
stint of th Kini bf en
from « strict mandate then issued ty King ad to the mayor and shoriffé of that city, prohibiting continuance. There is nothing that seems to warrant the suggestion which has been mado that the Kil fs object By suppressing them was to Cs the estal
of inns of court in the suburbs, alt
now called Lincoln's Inm, was built in the early ae wa TEA , by ee} Chancellor, Ralph de Neville was proprinted jim for a ae pores of his pedal in att oer Ths in which it is situnte wns first called Now Steck, it afterwards Chancellor's Lane, now converted into Chancery Lane—2 Foss, Judges, 200,
INSE OF COURT.
Lord Chancellor Sir Thomas More had been destined his father to wear the long robo; and having come his courve at Oxford, he was transferred to London, that he might apply to the study of law. According to
the then ly followed, he began at New Inn, “an Inn of Chancery,” where was learning of writs and ; and he afterwards be~
taught the more profound and abstruse branches of the science. sce be seuerens knowledge of jurisprudence (Anes Sr "Danber:of
the Tams of Court wherety, teen are chen calledito lite bar whol ignorant of profession ; and, being pushed on by terete:
ABODY COUNSEL, CIRCUITS, RTO. O11
or native ir of mind, they aro sometimes placed in high judicial situations, having no acquaintance with law beyond what they may havo pa up as prac- titioners at hopes at the Fae rt. a presented the discipline of a well-constitu university ; and, through robe) under tho name of “readers.” and oxercises, under the name of “ mootings,” law was aystematically taught, and efficient testa af pro- ficiency were appliod, before the dogree of barrister was conferred, entitling the aspirant to practise as an advocate, —1 Camp. Lives of Chane, 514.
4HE TEMPLE CHUROH ORGAN,
There being a great controversy which of the two rival organ-builders, Smith or » should bo the artist to supply a new organ to the ‘Temple Church, it was agreed that each should send one on trial, and that the Lord Chancellor, Jeifreys, should decide between them, Ho decreed for Smith; the deep tones of whose organ still charm mz. Harris's went to Wolverhampton, and is said to be of hardly inferior merit,
NARROW PREJUDICES OF INNS OF COURT.
An affair reflected much honour on Lord Loughborough, and very little uj the learned body of Benchers of Lincoln's Inn. ir James Mackintosh, struck with the defective state of legal education in England, und paxti- cularly with the gross ignorance displayed by his brethren at the bar of principles of general jurisprudence,
ont ere n course of lectures on “The Law of
re and Nations," und asked the Benchors of Lincoln's
Ton that he might have the use of their hall as a lecture- wom. These venerable men, who had reachod thoir present dignity without being required to do more than eat a certain number of dinners in public, and whose principal occupation now was to enti for their own table all the choice delicacies of the season, under the the name of “ exceedings,” were ly shocked by this innovation, and being almost all blindly farious jacobins, trembled at the idea of the minds of the rising generation being poisoned by the author of the
212 CURIOSITIRS OF LAW AND LAWYERS.
“ Vindici Gallic.” At the benchers’ table there is a eae ke fener
A lean student having complais to a fat boneher of tho starved condition of those who dined of the ball, received this answer, “I
READERS OF INNS OF COURT, AND MOOTS AND PRASTS.
At one time a reader was ey ee inn, and used really to deliver lectures. ‘The reader chose a particular subject or statute as a text, and after com- ments thereon, clot. i Poets to declare air opinions, after whi e jo jeants mi; er teat Be a Eas ee
into costly expense of w ly exevedod £1,000,
‘Sometimes an attempt to revive the readings has been made, especially in 1780 and 1796, but the practica could never be revived. In vaeations alao, after supper, a moot was often held, at which stadents del ts of novelty and difficulty before the benchers. But these also diod out, thongh in some rea they aro maintained under the medorn form of del societies,
Sometimes also at a roader’s feast, a jue or thea trical entertainment would be given, jally in Queen Efizaboth’s time. In 1601, Shakespeare's Twelfth Night” was thus performed on Candlemas day, in the Middle
‘And the King and Quoen, at later dates, often enjoyed the amusement of the masquea The
| al
ABOUT COUNSEL, CIRCUITS, BTC, 213.
Queen danced with some of the masquers. Before the trouble of thé grand rebellion, these wer some of the established amusements of the town. The Christmas revels in both the Inner and Middle Temple were also
ificent, and Sir Christopher Hatton for Shee of his dancing and general hilarity was considered by his contemporaries to have fairly earned his title to the highest post in the law, that of Lord High Chancellor, w merit. was discovered by Queen Elizabeth, ‘The memory of these revels, after they vanished from tho head contres in the metropolis, is maintained in modern times by the grand courts of tho circuits.
EMBLEMS OF THE TEMPLE,
The following lines were found stuck on the Temple Gate, in 1744: —
Ax by the Templars’ holdx you go, ‘Pho horee and lamb slisplayed,
In emblematic tignres show ‘The merita of their trade,
That clients muy infer from thence, How justin thir profaon,
he lab sata forth thai tance
‘Theubove lines soon produced the following answer —
Dolnded man, those holds forego,
Nor trast such cunning elves, ‘emblems tend to ahow
‘heir elienta, not thamaclver,
“Tin all a trick, thoro aro all abams,
By which they mean to cheat you,
But have a caro, for you're the Lambe
And thoy the wolees that eat you.
Nor lot tho thoughts of no delay,
‘To thoso their courts minguide you,
"Tis you're the showy Horee, and thoy
‘The jockeys that will ride you.
Gont. Mag, 1768,
The eminent antiquary, Dainos Barrington, after ex-
‘of learning advanced mon wee Mae T le, fifty Inter, selected the Holy ” "oma years 7 0 Lamb to distingui dah their sore , the Lamb being ry sented sometimes in the older m4 of the original ferrng before it was subdivided into the Inner Templo and Middle Temple.
‘THE TEMPLARS UNDER THEIE LORD OF MISBULE,
Mr. Palmer, son to Sir Guy Palmer, their under the name of lieutenant, who the same night sallied
md blast or summons opened not door, their Heutensnt’s voice was, “Give fire, gunner,"—his ganner being a-robust blacksmith, and the gun or petard itself being s huge overgrown smith’s hammer. My Lord Mayor, being complained to on Sun- day ‘morning, said ho would be with them about eleven
Templo- Mr, Palmer and some gentlemen, One bade aes the Lord Mayor ; Pe ancnusts kay Lead
mevt half way, Mr. Palmer, being with for not putting off his bat to my Lord Mayor, and giving eres
At last, Mr. Palmer was seized and forced to lie in the compter
ABOUT COUNSEL, CIHOUITS, ETC. 215
among common prisoners for two nights On Tuesday the King’s attorney sued the Lord a theirliborty, which Mi ra at ear ae and repaying a oy moni |, and m reparat! " broken doors, ‘hes the ‘game ended,
THE INNS OF COURT MASQUING, AND THELR PRECEDENCE,
As Pryano had abused the Queen’: love of the stage, the Inns of Court, in 1633, a8 a set-off, resolved to give a id masque in honour of Charles L and the Queen.
@ Inns chose the best dancers and masquers among their members; but before going to the banqueting house. at Whitehall, in four. rich chariots, each drawn by six horses, the gentlemen differed about the order of their going: and a8 to which of the Inns of Court should have the first chariot, and then as to the rest in their order, and how tho four masquors should sit in the chariot, and who should have the chief place, The committee, after fieree debate, at Inst that the chariots should be made ufter the fashion of the Roman triumphal chariots, of an oval form, ao that in the seats, which all faced the horses, there should be no difference. It was then settled hy ballot which chariot was to go first, ‘The procession and scarlet liverios, trumpets, swords, batons, torches, es and Incquies and high-mettled horses, acconding to iteloek, one of the chief promoters, “mado the most lorious and splendid show that ever was beheld in gland.” Muh ere anti-maxquer also wae followed, ‘consisting the and eri ie town, NH, Hieshn 08 Ionya, kee toni, et pple and jndes of horses to carry them. In the ballot for procedence Gray's Inn went first, then the Middle Temple, then Inner Temple and Lincoln’s Inn, All Whitehall was a blaze of light from the torches, and the Indies, decked with jewels and rich cloths, waved their hands from baloonies. The Court was in ecstasies, and begged the procession to go round and return once more, to give another view. The Queen danced with some of the masquers, and the revelry went on till daylight did appear. The Queon was so delighted that she begged a repetition, and the Lond Mayor bad to invita all the company to Merchant Taylors’
216 CURIOSITIES OF LAW AND LaWyEns.
Hall, and this gave great contentment and infinite happiness to everybody. ‘The music alome cost £1,000. Prynne’s ears were cut off by the Star-chamber, and ho
THE LORD MAYOR'S SWORD WHEN VISITING THE TEMPLE,
Pepys anys, in his Diary, 1608 : “ Meeting Mr. Belwood, did lear how my Lord Mayor, being invited this day to dinner at tho reader nt the Temple, and endeavouri to his sword up, the students did pull it dewadaun foreed him to go an vis oll the day in a private coun- sellor's chamber, until the render himself could get the young gentlemen to dinner; and then my Lord Mayor
id rotreat omt of the Temple by stealth, with his sword up. This do make great heat among the students; and my Lord eye sSd vend to the King, and also, I hear, that Sir Richard ne did cause the drums to bent for the tmin bands, Bot all is over, only I hear that. the atudents do resolve to ay. the charter of the city.”
a
determine. It would appear that the matter has never ‘been determined till this day.-6 Pepys’ Diary, 5.
HOW A LAW STUDENT MROOVENKD MONKY LOST AT FLAY.
Lord Treasurer Burghley used to relate that when be was a student at Gray's Inn, in 1542, at the age of ni amad percsninbehs bh enticed him to play. Whereupon, in a short time he lost all his money, beddMg, and books, to his companion, having never used play before. And being afterwards among bis other compan he told them ing be would pre- sently have a device to be even with him. And be was
@ fearful voios spoke thas ugh the tronk: * Ob,
an, y horrible time con- Ce ie os thou hast committed, or else thou art damned and canst pot be saved!” Which, being spoken at midnight, when he was
ABOUT COUNSEL, CIRCUITS, ETC. 217
al! alone, so amazed him as drove him into « aweat for fear, Most penitent and heavy, the next day, in presenes of the youths, he told with trembling what a fearfal voice spake to him at midnight, vowing never to play again. And calling for Mr. Cecil, asked him forgiveness on his knees, and restored all his money, ig, and books So two gamesters were both reclaimed with oa merry device, and never played more —Peck’s Desid. ios, 5.
ELECTION OF BENCHER OF INNS OF COURT.
Tn 1846, Mr, A. Haywand, Q.C,, a member of tho Inner Temple, having been refused election to the bench of that inn, owing, a» was understood, to somo quarrel between him aud Mr, Roebuck, QC, already a bencher of the same inn, Mr. Hayward petitioned the judges to interfere, and after Jong argument on both sides they came to the following decision.
“The dees who hear this petition argued, in the ex- ercise of their general visitorial power, think it right to declare their unanimous opinion that the benchers of the Loner Temple have the right to determine : 1. Whether thoy. will add to their numbor by any new election; and, 2, Which of the membors of the bar belonging to theie pea they will elect to the bench,
0 judges, therefore, are all of opinion that the ids mer had no inchoate right to be called to the wench; but shy al think the mode of election by which a single black ball may exclude is unreasonable. And they strongly recommend the benchers in future to conduct their elections to the boneh in some more satix- factory manner,
* (Signed) Denman, F. Pollock, J, Parke, i. H. Alderson,
‘J. Patteson, T. Coltman, RM. Rolfe, W. Wightman, C. Cresswell, W. Erle, T. J. Platt.”
‘The result was, that the benchers of the Inner Temple, in 1847, came unanimously to tho following resolution : “Phat in future no one shall be elected to the bench of the Inner Temple unteas he obtain the votes of the inajority of the existing benchers, and that four black
shall be satlicient to exclude.”
218 = OURIOSITIES OF LAW AND LAWYERS.
A BENCHER STRAYING ON SUNDAY FROM THE CHAPEL OF “HIS INN.
hes fn theese tio} lon Vs pect was chaplain of Lincoln's Inn, his i Mi a eee ne 2 abun ord gute tions. Ho preacl for ten yonrs, se! ‘missing & and Hobart, and the other lawyers, were all fi i i, that when a bencher did not attend, he was ene eae tosberemect os tus statins, One Sunday,
abroad. “Ihave been,” quoth he, “at Paul's Cross’ “Thou wentest thither to hear some news?" said the others. “No, truly,” replied he: “I went apon another cecasion, but I learned that indeed there, which I never heard of before,—how the sy came by his long care Wor We iptoanier Wiate tldcos a lary tnt of « Vewia rabbin; that Adam, after he had named the creatures, called them one day again before him, to try whether Logheeipae the names that he had given them, ‘And having by name cited the lion, the lion drew near, and the horse likewise. But then calling to the ass in like manner, the ass, having f ten his name, like an as, stood still. Whereupon Adam, having beckoned to him with his band, so soon as he came within bis reach, caught him with both hands by the ears and lucked him by them so shrewdly, that for his short wit he gave him along pair of ears” Upon this story told them, one of the ben told Mr. Hitehcock he was well enough served for his gndiing abroad; he might bave beard better and more usefiul matter had he kept himself at home,
COMPELLING INNS OF COUNT TO ADMIT TO THE BAR.
In a case before Lord Mansfield and other judges, Mr, Willian Hart asked for » mandamus to compel the Jenchers of Gray's Inn to call him to the degree of barrister- atlaw. The court, however, said that no such remedy was proper, for those inns were voluntary societics, and the judges were only the visitors. Any complaint should be to the jodges in the latter capacity ; who, however, had
ABOUT COUNSEL, CURCUITS, BIC. 219
power only over actually admitted members, Hence, they could not order the benchers to admit anzbody, any more than the court could order a college to it a particular student to their fraternity,
THE FIRE IN THE TEMPLE IN 1666,
Lord Clarendon, in describing the fire in tho Temple, in 1666, says: “The Lord Mayor, though a very honest man, was much blamed for want of sagacity in the first: night of the fire, before the wind gavo it much advance- ment, For, though he came with great diligence as acon ax he had notice of it, yet nover having beon used to such spectacles, hia consternation was to that of other men. Nor did he know how to apply hisauthority to the remedying of the present distress; and when men who ‘were Ty ee ire the tae pressed him very earnestly that he would give order for the it Ree tes icant sresescras wat aecvie fire climbed to go farther, tho doing whereof at that time might probably have prevented uch of the mischicf that succreded, he thought it not snfc, and made no other answer than that he durst not do it without the consent of the owners. His want of skill was the loss wondered at, when it was known afterward that some gentlomen of the Inner Temple would not endeavour to preserve the
which were in the lodgings of absent persons, use they said it was against the law to break up any man’s chamber."
THE ATIORNEY-GENELAL IN THE HOUSE OF COMMONS.
After a committee to search for precedenta, it was resolved that “Mr. Attorney-General Bacon remain in the house for this Parliament, but never any oe General to serve in the lower house in future.” The ‘ight of the Attorney-Genoral to sit a3 a mombor of tho
jase of Commons has not since been seriously questioned, As ho is summoned, according to peaeke Ae to advise the House of Lords, and ought to return hia writ and to take his placo on the woolsick, it is enay to con- ceive that conflicting duties might be cast upon him; but his attendance on the Lona is dispensed with,
220 © © CURIOSITIES OF LAW AND LAWYEns.
except in cases, awl it has been found much more convenient that be should be allowed to act as law adviser to the Hovse of Commons, which might otherwiee bo inops concilit—2 Camp, Lives of Chane, 336. ATTORNEY-GENERAL IN HOUSE OF LORDS, AND CONFLICTING DUTIES,
While Somers was Attorney General, in 1609, sitting in St. Stephen's Chapel, ax chairman of a committes
tale oe the aie sont Sredlerel to advise them case Lord bury, who, bein; charged with murder, bad his peerage. He fumediataly Jeft
the chair and broke up the committes, which gave some ca reste the Commons ; and the Lords, because thoy
if he isnot, If he returns his writ, he may sit on the woolsack; but then he is precluded from pleading in any private cause at the lar. From 1620 to 1670 no Attorney-General continued a member of the House of Commons after his appointment, Since then he has always been a member, unless easvally—sines the Reform Act of 1832—from the difficulty of ascent. Pre- viously a seat was found for him by the T rat the fixed price of £500. Spang eye rep King’s Bench is under the ju on the Jeft land of the Master of the Crown Office. \pb, the bistorian, ascribes the proceedings taken on this occasion against Somers to the spito of tho Jacobitea—# Camp, Chanc., 109,
AN ATTORNEY-GENERAL SORE AT HEART.
When Lord Chancellor Manners retired, in 1822, from the Irish ehancellorship, Plunket the Attorney-General, i respeterpespee ee ypadatchonseste epee
ABOUT COUNSEL, CIICUITS, RTO. 221
the proper successor, and all the Be hailed him as the coming wan, But he could not bespared from the House of Commons, and Sir Anthony Hart, of the English bar, was appointed. On the first sitting of that judge, the Irish bar assembled in great foros, and included Plunket. Shiel Sel oe Plunket dock morning, ie’ |, rolling his lange grey eye at bench, replied, "Oh, very sore at heart.” POLICY OF ATTORNEY-GENERAL'S EX-OFFICIO INFORMATIONS. The policy of this mode of prosecuting libels has had its opponents and defenders, though it is now in point of tice contined to seditious and blasphemous libels, It been often complained of in Parliament os, in its and swiftness and overwhelming force, too nearly akin to despotism, and somewhat out of harmony with a land of liberty, where prosecutions ure subject to fixed and well-understood laws, and where a man can defend himsclf against all antagonists on equal terms, On the other hand it hus been urged, that the press often acts like an assassin, and must be coped with by weapons which may be nearly us suddenly and energetically used; and that this cannot be done except by confiding n dis- cretion to one, who ix bound over to prudence und moderation by ull the circumstances of his office, and is too well watched to be likely to abuse it. And it is added, that though the power has been used since the timo of Edward IIL, no great abuses have been discovered in it, Like the sword of Guliath, it is reserved for great occasions, And what now makes less important the existence of any weapon so wecret and deadly in the hands of Government, is the knowledge, that while there is no peepeninieael no registry of printing presues or of newspapers, while education prepares ita millions of readers and writers, a champion will never fail to come forth on any great emergency, Even in the midst of legions of spies and informers, a hand will issue from the crowd and write on the wall in letters of fire immortal slandera; a hand without a name, which cannot be traced, bat will leave many things well spoken and wholesoine to be remembered in all fature time--Pater- won's Lib, Preas, 103,
222 CURIOSITIES OF LAW AXD LAWYERS,
‘THE POLICY OF PUNISHING LaMpoows.
Pope Hadrian VL, being mach annoyed by define tory Hi to deal with thom, and intended great severity, Tho
‘Sessa, who wittily thas advised him: “What are you going to do, holy father? Is it not much better to those two mute statues than to open the mouths: ofall the town? If you throw them into the river the frogs will croak all the railleries over again, so that everybody who will hear them." Pope then said, “Truc! Well, let as barn them and reduce tl ashes, so that there will be an end of them for ever.” "Nay," said the ambassador, "if you bara their patrons, then the fools will meet annually, and set apart s whole to celebrate the anniversary of the death, and every~ thing will be repeated.” The Pope saw the wit, and Ived not to meddle with the matter.
ATTORNEY AND SOLICITOR-GENRRAL DOING BUSINESS TOGETHER.
Lénl Haddington asked Wedderburn once, when he was Chiof Justice, how be possibly contrived to get on with Thurlow, when he was under him as Solicitor- General, considering the unwonted quantity of ‘public
course, The first papor I had to pete: one of oS ee sont it to him that
ight consider and revie, When I saw him he swore fearfully, declared that there never was anything vo ill done—it could mot be used. Ho bad no time to
ABOUT COUNSEL, CIRCUITS, BTC. 223
‘correct it, it was too bad to be corrected, I must do it over again. TI said, ‘I beg your pardon, I have done my best, I know there are great imperfections in it, L am ‘not satisfied myself, but T cannot do it better; T have bestowed my whole mind upon it, aud if you cannot take it, you must re the paper yourself,’ Ho ‘growled very sav: bat he eaw I was quite deter- mined, and so T left it with him, When we noxt mot, ho poe my paper without a word of alteration, said he had ee wo alias Nae just S. ab it was a to them both, and he shoul 80, oe averted ‘of the paper, ‘Indeed, Mr At! tarney, yo shall not: say so, and itis better we under- stand oach other onco for all. I will assist you to the ‘utmost of my power: if you cannot use the ‘apes I draw, thon of course I may be unfit for my oftico, and you must do the work; but if you adopt iny paper, it is no longer mine, it is yours, and must be yours, and
is alone, I will have neither merit nor discredit
ym it.’ I said this with the utmost coolness; he swore away, but said: ‘Well, tuke it away, it will do ns well as anything else, I suppose,” 1 nover afterwards had a single difference with him,’—6 Camp, Chane, 93.
SUCCESSORS IN OFPICK OGLIGING EACH OTHER,
He Erskine, the Seotch advocate, succeeding Dundas as Tint Adena, the latter good-humoured politician offered to lend Erskine his embroidered official gown, ax he would not want it long. “No,” said he, in same spirit, “I will not assume the abandoned habits. of my predacessors."
ATTORNEY-GENERAL TO THE QUEEN.
The death of Queen Caroline was a hoavy blow to Brougham. He not only was lowered in political con- sequence, by losing an instrument of annoyance which he could wield with effect, but it touched him very closely in the profesion, for, losing his office of Attorncy-Goneral to the Queen, he was bee to doff his silk gown and full bottom wig, and, attiring himself again in bombazin and a common tie, to take his place in court, without
224 CURIOSITIES OF LAW AND LAWYERS.
the bar secontingly.” George IV. bad the. pusillanim! tomas penal afr tween bul and Prog
ae counsel es me ad and that een should depressed a4 and as much #s it was in his power to depress therm. This resolution, to which he long adbered, till it was Snally overcome the manly representations of tho Duke of Wellington, at first unanoyed Brougham very much; but the ex-Attorney soon found that, for a time at least, bis consequence wax rather enhanced by Reine, considered the victim of royal animosity because he courageously done his duty.— 8 Camp. Chanc., 325.
THE ATTORNEY-GENERAL SEEXINO TO BE CHIEF BARON.
Tn 1788, it sooms to havo boon considered that the only business of the Chief Baron was to sinugylers. When Sir W. Garrow was Attorney-General he claimed this office, om the death of Chief Baron Thomson, bat Lord Eldon claimed the patronage ns belonging to the Great Seal, and showed that no Attorney-General had been made Chicf Baron for hundreds of years Sir Vicary Gibbs was said to be the second Attorney-General who consented to become » puimne judge —6 Camp. Chane., 122.
OFFER OF AN INTERMEDIATE OFFICE TO LEADING COUNSEL.
Mr. Canning, in 1827, offered to Brougham the offiee of Chief Baron ofthe Exchequer, saying in answer, upan his declining it: " Why, the post of Chief Baron ix, you know, the half-way house to that of Lord Chancellor.” “ Yes,” replied Brooghaus; bot, you deprive me of the home which are to take me on.”
LOTTERY IN LEGAL OFFICES
Lord Campbell, in his Lives of tho Chief Justices, written before he became Chief Justice himself, says: “The
ABOUT COUNSEL, CIRCUITS, ETC. 295
honours of the profession may be considered a lottery; of, if they are supposed to lay r, in the game there is more of luel than of ail At times we see a super. fluity of men well qualified for high legal offices, while yeurs roll on without » vacancy. At times vacancies inopportunely arise when they cannot be repatably filled up.
ATTORNEY-GENERAL AND TRE BENCH
Lord Raymond, when at the bar, was an Attorney- ee oa was ae Spans first carreras who accepted puisne judgeship. Lord Campbell says that there never had ‘been an instance of this before that time, and hardly any of his condescending even to become Chief Baron of the Exchequer, The next example was that of Sir Vicary Gibbs, rd peta. said that when Perceval was shot, his norves, formorly excellent, auddenly and entirely failed him, and he descended from the station of Attorng General to that of a puiane judge in the
Jounmon .
ATTORNEY-GENERAL AND HIS SOLICITOR-GENERAL SYMPATHIZING,
At the trial of Horne Tooke, Scott, who prosecuted as Attorney-General, doclared, in ee prosecu- ‘is conscience,
tion, he had been guided by the dictates of
than any Poarat to them. In repeating these words, Sir John
tt shed tears, and to the surprise of the court, Mitford, the Solicitor-General, wept also. “ What on earth,” said some one to Horne Tooke, " can Mitford be crying for?” “At the thought of the little inheritance that poor Scott ‘s likely to leave his children i” was Tooke’s reply.
SS
226 © CURIOSITINS OF LAW AND LAwrens,
CHAPTER VI.
ABOUT THE CHURCH, BISHOPS, AND CLERGY.
SPOLIATION OF CHURCH PROPERTY.
‘Three parliaments of Henry IV. met in Henry Beau- fort's first chancellorsbip, at which nothing very memor- able was effected; but at the list of them an attempt was nade by the Commons (probably at the instigation of the King), which, if it had succeeded, would bare
altered both the ecclesiastical and civil history of ¢ country. All who are friendly to a well-endowed Church ought to exclaim, “Thank God, we have had a House of ." The Chancellor, in a speech from the text, "Rex weavit seniors terre,” having pressed most urgently for supplies, the Commons came in a body and, the King being on the throne, proposed, “That without barthening his people he might supply his occasions, by seizing om the rovenues of the ; that the a third part of the riches of the realm, whi evidently made thom negligent in their duty ; and that the lewening of their excessive incomes would be — double Fetes both to the Church and the State.”
Arehbi: rundel, being now free from the trammels of office, said to the King, who seems to have been ad- dressed as the president of the assembly, “That though the ceclesinsties served him not in permon, it could not bo — cessing, Sips Foregbherr pec: that the str; ping the clergy of their estates would put a stop to prayers night and day for the welfare of the State; and there was no Sire ae protection of the Kingdom if the prayers of the Church were eo little valued." The Speaker of tho Commons, standing at the bar, smiled, and said openly, that he thought the prayers of the Chureh a
i=
ABOUL THE CHURCH, BISHOPS, AND CLEnGy, 227
Sth slender supply. To which the Archbishop answered, with some emotion, “That if the prayers of the Church ‘wore 80 slighted, it would be found difficult to deprive thom of their estates without exposing the Kingdom to wt danger ; and so long as was Archbishop of ‘bury, ho would oppose the injustice to the utmost
in his power,” Then, suddenly falling on his knees before tho King, he sicongly pressed him in point of conscience, and lenvoured to make him sensible that of all the crimes a prince could commit, none was so heinous as an invasion of the Church's patrimony. The King, seeing the impression made upon the peers, declared “That. he bad made a firm resolution to support the Church with all his power, and hoped, by God's assistance, to leave her ina better state than he found her.” The Archbishop, construing this as a peremptory veto on the propasal of the Commons, tu to them and made a most insulting speech, telling them their demand was built wholly on igreligion and avarice. “And verily,” added be, “I will sooner huve my head cut off than that the Church should be deprived of the least right pertaining to it.” Such a
and the other prelates were so powerful with the that they threw it out-—1 Camp, Lives of Chane, 314,
CONGE D'ELIRE—TO ELECT BISHOPS.
‘The prerogative of the Crown to appoint bishops was attacked bythe Pope, who claimed that the iff the ring and sta/? should come from him, while the Crown should content itself with mere feudal homage. And, owing to the overpowering effect of custom, even the Parliament of Henry VILL. resorted to the travsparont artifice of appearing to give the power of selection to the dean and chapter, by first issuing a congé d'élire (as wax adopted in the reign of John), and then confirming their nomination, though the legislature of Edward VI. declared this to be no cloction, but " only having colours, shadows, and pretences of an election,” it survives to thie
228 = CURIOSITIES OF LAW AND LAWYERS.
day, not without exciting astonishment in bystanders, ‘The astonishment lies in the effort to understand how a al r can be said to eleet, when the person to be elected is dictated to them, and they can be punished by prama- nire or forfeiture of Lands and goods for not choosing the
so nominated. And the astonishment still further increases when the forms observed in this fictitious eloc- tion allow objectora to come forward to object, whilo there is no court or constitnted authority in existence to entertain or di: of such objection; —Paterson's Lib, Press and Worship, 400.
‘THE FIRST BISHOPS IN HOUSE OF LORDS.
‘One of the articles of the Conatitutions of Clarendon, in the time of Henry II. (1164), shows that the right of sit-
ting in the House of Lords, now belonging to bishops, and greatly prized by them, was originally forced upon them ‘st a timo whon thoy thought it an i
ity to sit in any nwembly except by themselves, ns a separate order, It was to this offect: “That the archbishops, bishops, and other spiritual dignitaries should be as barons of the realm, should the privil and be sub- jected to the atts Eater to that rank, and should be bound to attend the King in his great councils, and wsist at all trials till sentence either of death or loss of members be given against the criminal,”—Parl. Hist.
BISHOPS IX PARLIAMENT,
Hyde, afterwards Lord Chanecllor Clarendon, began as an unti-courtier, and assisted in drawing up the Reasons fad ae ah leg ll bro, Se jishops out of the House of Lords (amoug other Beans Bishops ctor psee si nlite ep ap ir ministeriall funetions; they are but for their lives, exyo, are not #0 fit to bave & legislative over the inberi- tanoss, persons, and Liberties of others, Becanso of
is interested to maintain tho jurisdiction of Bishopps,
ALOUT THE OHUMCH, LisHOrSs, AND CLERGY. 229
which hath been found so grievous to the threo kit that Scotland had utterly abolished it, and multitudes in England and Irolund have petitioned against it. Because the Bislopos, being Lords of parliament, it setteth too & distance between them and the reat of their thren in the ministry; which occasioneth pride in them, discontentment in others, and disquiet to the Chureh.” Yet Clarendon afterwards took credit for the manner in which he manoeuvred to defeat the second Bill for the same purposo, which was finally carriod,— 3. Camp. Chane., 126.
RESTORING BISHOPS TO PARLIAMENT.
The first Church Bill which Chancellor Clarendon in- troduced met with very little oj ‘ition, being to restore the bishops to their seat in the House of Lords, The act for their exclusion had been passed in times of great vio- lence, and there waa a general feoling that for the dignity of the assembly of which they had ever formed a consti- tment part, and for the honour and protection of the Church, they should again exercise their parliamentary functions along with the hereditary nobility—3 Camp, Chanc., 205,
A MSHOP'S SPEECH IX MOUSE OF LoRDS.
A certain bishop in the House of Lords rose to speak, and announced that he should divide what he had to say into twolve parts, when the Duke of Wharton interrupted him, and begged he might be indulged a fow minutes, as ho had a story to tell which ho could only introduce av that moment. A drunken fellow was passing by St, Paul's at night, and heard the clock slowly wer twelve, He counted the strokes, and, when it was finishod, looked towards tho clock and said, “D—n you; why could not you give us all that at once?" There was an end of the bishop's story.—1 Groville'’s Mem, 357.
HOW TO BECOME A HISHOP.
Dr, South, the rector of Islip, and one of His Majesty's ins in ordinary, in 1651, preached befare the King
230 4s CURIOSITIES OF LAW AND LAWYERS, {Charles TL.) on these words: “Tho lot is cast into the
first and making panes ler ae ven
Seat ntae ciiiee toni benan sey pei seneg mere aoe vee tag Sicily? Als, that bad seen Masaniello a poor fisherman, with his red cap and his angle, would have reckoped it possible to ste such a pitiful thing within a week after shining in bis Catt and, with 3 word or & nod, absolutely com- manding the whole city of ~ ? And whe that beheld such a bankrapt Now as Cromwell first aceon | tho Parliament Pee wi a ticiedernates
ii be sol ee ee nee fe Pal could kave in the space of so fow years should, by the murder of one Kin and the banishment of another, ascend the throve 1” Sed ee fell into s violent fit of laughter, and turning to Rochester said, “Odstish, Lory, your chaplain must be a eer eek it me in mind of him at the next fr
Soon several offers of a both irom IT. and Queen Anne, oe = Dr. Sonth declined thom for various reasons.
i
LORD CHANCELLOR THCRLOW'S CHURCH PATROXAGE
one occasion, a considerable living fell vacant in Ton Chancellor Thu gift, which was solicited by
abe continued in Gen cetee Ses to return thanks, Therlow alee aes nan OF the cule, which he represented with
Tee Pree i 8 fin al cannot e gentleman your curate, it is true, but
sri the living, if he cannot have the curacy.” Ho instantly
=
ABOUT THE CHURCH, BISHOPS, AND CLERGY. 231
called in his sceretary, and ordered the presentation to be mnie out in favour of the curate, who was inducted, and enjoyed the living many years, This anecdote is also told of Lord Chancellor Talbot,
THE CURATES’ LARGE PAMILY.
Lord Loughborough used to remark that when he was Lord Chancellor, the greater livings in the Chureh which he had to bestow gave him no troublo; thoir destinations ‘wore either anticipated or easily determined, But for the smaller livings he had always a multitude of fications, and seldom or never one without several applicants who bad cight or ton small children to
support.
A CHANCELLOR'S PROMISE OF cuURcU LtviNas TO APPLICANTS.
Lord Eldon once gave away a Church living for a renson which he states thax: “I lodged at the vicar’s, Mr, Bridge's, at Weobly. Ho hada daughter, a young child, and he said to me, “Who knows but you may come to be Chancellor? As my girl may probably marry nobody but a clergyman, promise me you will give her husband o living when’ you have the Seals" I said, “Mr. Bridge, my promise is not worth half-a-crown, but
Mey Laveiiny promises When Lert Tach hal
some time Chancellor, while sitting one morning in his study, an interesting young girl broke in upon him, introduced herself as the daughter of the Vicar of Weobly, modestly informed him of an affair of the heart which she had with young clergyman, and informed him that a small Herefordshire living, which would make them happy, had the day before become vacant. The secretary of presentations was immediately called in, and she carried back with her the presentation to this living in favour of her lover.
The fallowing was Lord Eldon's answer to an applica tion for piece of proferment from his old friend De. Fisher, of the Charter House :—
232 «= CURIOSITIES OF LAW AXD LAWYERS,
© Deax Fremen,—I cannot, today, give you tho preferment for which you nk.
“IT remain, * Yoar aincere friend * Etvow. [Tem over."]
Then, on the other sido, “+1 gave it to you yestorday."—Twiss's Eldon,
‘A CLERGYMAN PRESENTING HDISELF,
are prohibited by statute “ from baying, or
Reteregieteerts cc latiowdin geen aneree
the 1 next re of, or bresentation 40 say ban benefice
cure of mak Te ty,
a te ai Sil be vei and th
wrk Tn ates Bat an ingenious mode
Teen dire of defeating Uhat statute, for if
“an estate for life in the advowson,
aml @ vi wy catara.dafing. such ‘fe, then. he. may — pega f, and the bishop bas no reason for refk and admit bim. For the courts have
tan estate eeninie life” is not a next presentation, nor a next
avoidance, and the statute must be strictly construed.
—Patersan’s Lib. Press and Worship, 392.
A CHANCELLOR AND A BISHOP QUARRELLING ABOUT A Livisa.
Having once into a dispute with a bisho jogs Tne of Shich the Great Seal bad Serre the ‘8 Wy Bheocelloe Thurlow and si po sends his compliments to your ieee gee oom Ristes Chasedion "Give. tay emspiiocnta, to his abi Chancellor, “Give my compli to hia
, and toll him that I wi im d—d first
shall present.” * This, my lord, it a unpleasant mi to ver to o ” Chancdllon.” "You are right it is no; therefore tell the bishop that I sill be first before be aball
present,”"—5 Camp, Chane., 665,
ABOUT THE CHURCH, BISHOPS, AXD CLERGY. 233
THE QUALIFICATIONS OF PREESTS.
‘Tho office of priest may be assumed to be one peculiarly for the deliberate choice of the person seeking it. Yet one of the extraordinary delusions of ancient times was, ‘that it was not only good sense but quite Jawful for a congregation to seize and force a person to be ordained, and to force the bighop to ordain him, And St. Augustine was himself so treated. And this tice continued bill ca aie aah _ pene te no one should be
lain inst his will, a still more ext i eee ee el against their will, could not ish the office, One singular rule in ancient times also was, that no person was fit to be @ priest who was mutilated im body.
This singular ground of disqualification for a priest, that he must richie mutilated in body, was an accepted axiom, ‘The Council of Nice, instead of seeing the hard~ ship of such a role, showed great nicety in drawing a distinction between the cases of those who had one limb cut off in order to save the rest of the body, or who had lost part of their bodies by the cruelty of persecutors; and the Council gravely held that these circumstances took thoso last cases out of tho gonoral ralo of disqualifica- tion, But the Council was at the same time quite resolute in holding, that no one who had dismembered himself while in health was on any pretoxt to be ordained, for this showed ho was a self-murderer and an enemy of tho workmanship of God, It was supposed that this last rule was made to counteract the mistaken notion on which Origen and some others hud nected, And a soldier was deemed disqualified also, because he had either imbrued his hands in innocent blood, or at least bound himself to do so. Another still more inexcusable ground of disqualification was, that the jon was or had been @ pleader at law. —Paterson's Lib, Press and Worship, 420.
A STRAY SHOT RY AN AncHMISHOP,
Archbishop Abbot, of Canterbury, was ont one day, in 1620, recruiting in Lord Zouch's deer pee and having acrens bow, lot fly a barbed arrow, which missed the deer
934 CURIOSITIES OF LAW AND LAWYERS.
he aimed at, but killed the keeper. This unforeseen accident threw the archbishop into a deep melancholy. Ek pi rk eo etepl Lapeer are) Sagitnmetrh ciel ane that all the bishop's ee tied ty ihe Groen tf law. James said de ight eee to an angel; but, as there wee @ for bi then awaiting confirmation, and tho rchtsop asl to a a bishop, the King issued a commision to ten pervo — ‘and report as to the law, erg the ge three being Se et On the first question ers wore equally divided, ax ta the act of the archbishop bre payee peepee mere ce eer wee who thought there was no irregularity be inajority of dhe touuunianioets thought at least that ite Killing wasa grave scandal, And they all agreed that the og ep cere ae ie bo could ay restore a on, Veataclieg Tho King oorcetingly tx tbe end tood 8
ments were published on both sides. And the four new bishops, out of tenderness of conscience, refused to be consecrated the unfortunate archbishop ‘who | had killed & man.
WONE'S TRIALS FOR BLASPHEMY.
In all the cases the prosecutions for blasphomy havo been those where the defendant adopted more abuse and searrility, and never resorted tu anything Sg prep pene ‘The trial of Hone was a ain, exam wer of jurics,and the jomt common law samt ee. alg ee tried thee times in suecession for jemous libels, being os
|
ABOUT THE ONUNCH, BISHOPS, AND cLERGY. 235
othor like corrupt practices; and moreover he contended,
that even if the parodies were somewhat yet
many illustrions and pious persons before bim had thought
fit to use parodies also quite as bad. And cach of the
three juries in succession, after a few minutes’ retirement, Wo A verdict of not guilty.—Paterson’s Lib, Press and ‘orship, 65.
THE VICAR AND PARISH CLERK.
Lond Stowell, the Ecclesiastical judge, uscd to relate that ® vicar was once ¢o wearied out with his parish clerk confining himself to the One Hundredth Psalm, that he remonstrated, und insisted upon a variety, which the aman promised. “Bat old habit proving too arong for him, the old words were as usual given out next Sunday, “AN people that om earth do dwell.” Upon this the vicar’s temper could hold out no longer, and putting his lead over the desk cried, “D—n all people that on earth do dwell !"—a very compendious form of anathema, =2L. Brougham’s Works, 72.
THE RINGING OF PARISH BELLS.
In a case before Lord Chancellor Macclesfield the plaintiffs lived at Hamtorsmith, very near the chareh, and were much disquieted by the ringing of a peal of bells at five o'clock every morning. ‘They were about to remove to a distance, when it was agreod between them and the parish, at a vestry mecting, that, in consideration of their erecting a new cupola clock and bell, the five o'clock. peal should not be rung during their lives or the life of the survivor. The new eupola clock and bell were erected, and for two years the agreement was observed by the parish ; but at the end of that time, there being a revolu- tion in Hammersmith, an order was made by tho vestry that peal should be rung every morning at five o'clock, according to ancient usage, and the churchwardens executed the order, the peal being rendered louder by the presenco of the pleintifi, ‘Tho Lord Chancellor granted un injunction against the ringing of any bells at that hour, on the ground that there wax a meritorious con~
236 © CURIOSITIRG OF LAW AND LAWYERS.
sideration exeeated on the plaintiffx’ side; that the churchwardens were a corporation, and might sell the bells, or silence them ; that the ringing of at tive in the morning did not seem to be of any use to others, though of very ill consequence to the plaintiff and his
ife, Lady sand that the agreement which was benoficial to the parish, was binding on the parishioners and their successors,
CLERGY ENTERING PARLIAMENT.
After Horne Tooke's election, a statute was passed, in 1801, to putan end todoubt, It was then enacted, and ix still law, that no one ordained as a priest. or deacon in the Church pha pee being » minister of the Chareh of Scotland, should be capable of being elected a member of the House of Commons, and any such election should be void. And if, while being a member, he should take orders, then his scatshould be vacant. And if one, while ‘80 disqualified, should sit or vote in the House, be forfeits £500 for every time he so acta And he moreover is incapable therenfter of holding any benetice or office of profit under the Crown. This enactment, however, has nothing to restrain the dissenting dergy in any resi A Kkindsed enactment in 1836 related to municipal in England. No person in holy orders and, moreover, no regular minister of a dissenting congregation can be a councillor or alderman of any municipal borough in
saubhers divest himself of the clerical character, and thas he may avoid the penalties of these Acts, which an
becor alderman ; for he can then do as he pleases, —Paterson's Lib. Press and Worship, 482.
TOLERATION AMONG THE ANCTENTS.
‘Tho ancicnts wore ansparing in their malignity towards heretics, Plato said ‘that be'sin Seok ct cabana te the established religion must. die, or suffer stripes and bonds, of privation of citizenship, or los of property, or
ABOUT ‘THR CHURCH, BISHOPS, AND CLERGY. 237
exile; and Plato's doctrine raled the world till the end of the seventeenth contury, The Athenian law punished with death the introduction of now deities, Socrates was mado ta drink poison for this alleged crime, or at least for attacking the establishod ruligion, was prosecuted by Cleon for impiety, in saying nothing more than that the sun wns a fiery ball of iron, Ana- charsis was put to death by his tellow-countrymen in Scythia, because, having been an intelligent traveller, after returning home he med rites to foreign gods; and the same fate befell Scyles for performing rites to Bacchus and wearing Greek clothes, The works of Protagoras were publicly burnt, and himself banished, ‘bocause he declared that he could not make out whether there were gods or not, Alcibindes waa condemned and vey confiscated for making light of the ceremonies of Ceres and Proserpine. The Romans ulso probibited all new gods and new rites of worship. Suetonius says ‘Tiberius zealously checked those practising foreign rites, and on that account Suetonins viewed him as a masterly governor. Paulus said such persons were banished or pat to death because they disturbed weaker minds. ‘Trajan thought that he who refused to sacrifice to the should be punished with death. ‘The Romans also it magicians alive, and those alding them were crucified. ‘The Christians in their turn were, in the early centuries, punished as atheists, or aa sorcerers, or mégicians, or as given to superstition—Paterson’s Lib, Press and Worship, 517.
TOLERATION IN ENGLAND.
Historinns nave diffired as to when dissent or noncon- formity took possession of large bodies of men as a settled faith. Some ite who objected to transubstantia- tion under the bloody statute of Henry VITL were the first. Others go back to the Lollards or to the martyrs in the early centuries Others point to the Puritans under Elizabeth.
Mackintosh thought Sir H. Vane had obtained the earliest it into tho now light of toleration; others have pointed to Queen Elizabeth; other to Owen, hws
238 = CUNIOSITINS OF LAW AXD LAWYERS.
to Willinm TIL, Cromwell and Milton seemed to concede toleration to all but papiste Chillingworth was the writer whose views wors taken up and circulated Hales, Owon, Jeremy ‘Taylor, Burnet, Tillotson, (inet roan rg tee Even cand William IL and Lord seemed to except Roman Catholics from the geueral rule of toleration, owing to their taint about tho Papal supromacy and like doctrines Hallam thought there had ‘no real toleration till the reign of George I1L—Paterson’s Lib. Press and Worship, 522.
SONCONFORMISTS AND THEM FINES EX LONDON.
The City of London at one time took advantage of the Corporation Act of 1661 to raise money by appointing dissenters to the office of sheriff, and then fining them because they could not take the requisite oaths, and so could not serve the office. A bye-law of the Corporation, made in 1748, bad imposed a of £600 on any “able and fit aaa who, after being nominated, sed to worvo. This being lisputed by a dissenter named Evans ‘as an illogal bye-law in a eauso which had boen taken writ of error to the House of Lords, after thrve soloma (i earraeg Lond Mansfield laid down tho law, that tho Toloration Act rendered that which before was illegal now logal. That tho dissonters’ way of worship was permitted and allowed by that Act; that it was not only exempted from punishment, but renderod innoceat and Inwfal. That, in fact, it was established and it was pat under the protection, and was uot merely under the con- nivance of the law.
is wh “eaers these accummlated fines, Sieg ptt the City of London from persons refasing to qualify for tho flies of hori yore’ spent in bullding the ‘ew Mansion House. In six years the fines amounted to £16,000. The house was thenee sometimes called the Palace of Intolerance.—Paterson'’s Lib, Press and Worship, 525.
DISSENTERS CHANGING THEIR CREED,
It is» general ral, that. whea the trast funds have been settled on adefinite religious body, the congeegation
ABOUT THE CHURCH, BISHOPS, AND CLERGY. 239
cannot divert the property into a different channel, or apply them to a difforent: sect, without an Act of Parlia- ment. In a caso in 1860 tho trusts of a ol wore declared to be for the use of a congregation of Particular Baptista. The congregation became divided as to tho doctrine of a atrict and free communion, Since 1746 the congregation had acted on the doctrine of strict com- munion, but a majority, in 1860, resolved to act on a feo communion, The court held, that whether the majority could make this ch: dopended on whether the doctrine was an essential and fundamental doctrine of that faith. ‘According to the ovidence it was proved not to be 30; and therefore the court protected the majority in making the change desired by them.
Hence in the case of a dissenting tion bei desirous to change its creed and mode of worship, it is not a question of a majority or a minority of the con- gregation so desiring it; but it is a question whether their trust is specific enough to prevent it; and if no, then any ono of the congregation can insist on presery- ing the original trust as it was. It is true that entire unanimity in a congregation may sometimes suceed ; beeauso then there would be no one having sufficient interest to interfore and vet the law in motion against their acts—Paterson's Lib. Press and Worship, 533.
STREET PREACHERS.
‘The Conventicle Act of Charles IL. put heavy penaltios on those who preached in fields and corners without o licence and a ritual, but that Act was repealed after 150 years’ experience, in 1812; and there has been no prac- tical restriction on street preaching since the lntter date. It is true that inasmuch as these preachers are often in
eye of the law trespassers on laud, ay muy Ooci- sionally be subject to an action at law, when they, without, Permission, exereiso their gifts in plaoos which are not ‘ighways, and over which the freeholder has, or may resume, means of possession, And when they collect crowds’ on highways in such positions and times as to cine pani obstruction to those who aro using the highway, they are liable to be summoned, wider Yo
240 — cunIOsITIES OF LAW AND LAWYERS.
Highway ond Turnpike Act, fur the obstruction so caused, ‘a8 was noticed on an earlicr page, as to the holding of public meetings, But though they may, when > sum- moned, be fined a small sum, yet, ax a general rule, they cannot be arrested summarily by constables or other persons, a8 is too often atte) or threatened, unless ‘some local act in foree at the in question expressly eon ire to be done. courts on —
can ji © very temporary character of the obatruc- tion, if any, which ‘hey usually cause, and can estimate how seldom it is substantial or worthy of reprehension ; nnd they have it in their discretion to discournge frivoloas interferences with an pea ethene nome harm, and often is of striking advantage to such casual audiences as can be collect And this treatment is that which is most becoming in n country whose insti- tations are stable enough to withstand all the random shocks whieh can be caused by free voices from the crowd on any subject whatever.—Paterson’s Lib, Preas and Worship, 550,
CHAPTER VIL,
ABOUT THE SOVEREIGN, GOVERNMENT, PARLIAMENT, AND PUBLIC RIGHTS,
PARLIAMENT ASKS QUEEN ELIZANETA TO MARRY.
After a conference between the two Houses, in 1565, the resolved upon an address to her Majesty, to be presented by Keeper Bacon, and the address bears atrong marks of having been ese by the Lord Keeper himself. It is said to havo beon delivered by him to her Majesty in Parliament, and she seems to have come down to the House of Lords to receive it on tho throne, It is very long, and after the Lord Bere manner; but n few extracts from it are amusing. a tiresoine profuce, he says, “Tho Lords petition, Lstly, that it ld please your Majesty to di: yourself to marry when it shall please you, with whom it shall please you, and as soon as it shall please you: 2ndly, ‘that eome limitation may be made how the fmperial crown of this realm may remain if God calls your esa without heir of your body (which our hack defend), 80 a& these lords and nobles, ae te subjects then living, may sufficiently to
whom they owe allegiance ... What but want of a successor known, made an end of #0 tan empire as Alexander the Great did leave at bis 2 , your
Highnoss knoweth, by the course of Scriptures, hath
deel succession, sud having children, to be one of
the principal benedictions in this life; and, on the
contrary, ho bath pronounced cuntrarywise : and there:
fore Abraham prayed to. God. for iase, fenring that
ane an f are bola oa at a
ise that kings should proce in body. 5
tee sootsen of Sam I, prayed to God ah Near fort
Ww
242 = OURIDSITIES OF LAW AND LAWYENS.
need, I will not resist euch a mind.” generalities she withdrew, and the Lords declared them- salves contented—1 Parl Hist, 708.
COKE'S GUSHING ELOQUENCE ABOUT QUEEN ELIZABETH,
Coke more than once Javisbes his praises on Elizabeth. “ Of this Queen I may say that as the rose is the queen flowers, and smelicth more sweetly when it is plucked from the branch, so 1 may say and justify that she by re rll Seanad Sane ededeiae Po religion, magnaninity, and justice, who now, hy remembrance theres, # x ight) ‘gathered
x
what rose I mean, for take the red or the white, she waa not only by royal descont and inhorent birthright, but Ly roseal beauty, also heir to both." —Coke's lat Inst. Pref.
IF THE SOVEREIGN BE A COMPETENT WITNESS,
{
=)
ABOUT THE SOVERRION, PARIZAMENT, Ero. 243
to him, tho evidence would be without temporal sanction. On the other side, they pointed out tho ship of an innocont man boing deprived of hia dofence hy the heir to the crown becoming king, and urged that substantial justice ought to be paramount to all technical rules.
A was made which could not be resisted, that the judges should be consulted, and two questions were uunded for their consideration : 1, Whether, in case of treason or folony, the King’s testimony was to be admitted or not? 2. Whether words spoken to the Prince, who is after King, makes any alteration in this caso?” But when the judges met on a subsequent day, it was declared by the Lord Chief Justice that his Majesty, by his Attorney-General, had informed them that, “not being able to discern the consequence which might Happen to the prejudice of his crown from these ques tions, his pleasure waa that they should forbear to give an_auswer thereto.”
Lord Campbell observed npon this proceeding that “the sovereign, if so ploased, might be examined as a witness in any case, civil or criminal, but must be sworn, lth: there would be no temporal sanction to the oath. ‘The simple certificate of King James L, as to what had passed in his hearing, was receivod as evidence in the Court of Chanceryin a case of Abigny v, Clifford, Hob, 213,
Bot Willes, C.B,, stated that in o othor caso the King’s certificato had been refused. the Berkeley Peerage case, before the House of Lords in 1811, there was an intention of Sits Goorge IV. then Prince
t, ax a witness, and I believe the general opinion was that he might have boen examined, but not without being sworn.”—2 Camp. Chane, 511.
BISHOPS AND PEKRS KISSING THE KING AT A CORONATION.
William IV. did a droll thing the other day (August, 1831), ‘The ceremonial of the coronation was taken down im for approval. The homage is first done by tho spiritual peers, with the archbishop st their head. Tho first of cach class (the archbishop for the spiritual) says the words, and thon they all kiss his cheek ‘in succession. The King said he would not oo Kora wg
244 — CURIORITIRNS OF LAW AND LAWYERS. the
bishops, and ordered that to be strack out As I expected, tho prelates would not stand it. The arch- 5 the King knocked under, and so Be mt undergo the fla of tho asta i well as ‘8
A SOVEREIGN CURED OF LUNACY.
‘Tho speculations about a cy wore almost mira- pasa ee ae end to in 1801 by a“ proscription” of ime Minister, Addington, in a literal, not a
figurative sense. the son of a medical man, ho olen pe his that such irritations as now
the patient's head ‘ing on a pillow of hops. The Tecipe was accordingly ised, alse was induced, next
nd cy im ‘teeing on8 of the edict a Calon
4 SOVEREIGN'S OPINION OF A DEAD CHANCELLOR.
The following anecdote bas been too widely circulated to be suppressed, and it scems to rest on undoubted
thority Intelligene being carried to UL. ext, morn or sudden death of hin Feend bord
i ®o recently in messenger having declared that the Karl had certainly died daring oi Bry of gout in the stomach, his Majests was graciously pleased to exclaim,“ Then he has not mf a greater knave behind him in my dominions,” THE SOVERKION'S MIGHT AS GUARDIAN OF HIS GRAND- CHILDRES,
Lord ©. J. Parker, onco having assembled all the judges at his chambers, in Serjeant’s {nn, road the Lord Chan-
ABOUT TRE SOVENPIGN, PARLIAMENT, ETC. 245
cellor’s letter, and intimated his own opinion Len 44 tobe, thatthe whole of the question then agitated as to the King’s control over his grandehildren was to be answered Jutely in the affirmative. He was able to bring forward mi in support of the grandfather's right to have the care is grandchildren, except that the ‘the law of nature are rather with the grandfather. He prevailed upon nino eeeanaee to agree with him; but two, Baron Price and Baron Eyre, the Prince of Wales’ Chancellor, differed, returning for answer, that tho the approbation of the marriages of the royal family belonged to the King, there was no instance where a had been treated by the King for any of the royal family, without the consent of the father, and that ‘tho case of tho Princo of Wales was no exception to the
to the exertions of lord Chi Justice Parker, whic possibly account for the transfer of the grout ss shes speedily followed.
T remained on this footing till the year 1772, when the Royal Marriage Act passed, 12 Geo. 3c 2 Some legislation on the subject was probably necessary ; but the provisions of that Act juced ¢erious evils, and seemed afterwards to require modification —4 Camp. Chane, 521,
MAKING A FOREIGN KING AN OUTLAW. Seldon, in his “Tublo Talk,” said, “The King of Spain was outlawed in Westminster Hall, I being of counsel him, A merchant had recovered costs against him in a suit, which, because he could not get, we advised to have him outlawed for not a) ring, and ao he waa. As soon as Gonderour be t, he presently sent the monoy, by reason if his Majesty had been outlawed he could not have had the benetit of the Jaw, which would
246 CURIOSITIES OF LAW AND LAWYERS.
have beon judicial, there being then many suits depending bebwtct the Ring of Spates and -ontr-Englias
A-SOVERXIGN GIVING AWAY PART OF HIS KIXGDOM,
In 1783, on the debate on the Preliminaries of Peace, Lond Chancellor Thurlow followed Lord be pre who, having become « Foxite, bad in # long and elaborate speceh attacked the terms of the treaty ; and particularly in reference to the article agreeing to the cession of the
SG > Crane Abe alisgionce ‘of Bcitul: suljects 45'5 foreign stato, Thurlow’s answer is supposed to have
Isle of Wight, or the ison of Portsmouth. Hesnid he
ent iht watier doused sad eo amaating Hie coneluded thus: “In my opinion it ix mfer to stick to the process by which we arrive at the conclusion that two and two make four, than to suffer your E ings to be warped by the fashionable logie which delights in weeds, and which strives rather to confound what is
than to unravel what is intricate” The Lord
‘sentence have affirmed with an osth that it was so, and utterod an imprecation on all who differed from hiem—b ‘Camp. Chane, 651.
("HOM FAR JUDGHS ARE REMOVABLE BY A SEW
SOVEREIGN. When tho first parliament of TIL, assembled, in
not ble eae Hardwicke moved cs address of thanks, ivored a vory courtly speech, most extras over-praising. pre fon and creating the fain
ABOUT THE SOVEREIGN, PARLIAMENT, BIO. 247
which still ae that till then the judges held during pleasure, In trath, by the Act of Settlement, their —— ions were “quamdiv se bene int; and although, by a misconstruction of that Act, contrary to the maxim that "the King nevor dies,” the appointment was hold only during the natural life of the sovereign, only one judge was removed on the death TL, not ono on tho death of George IT, and no minister at any timo coming would have ventured to remove m competent judge on tho commencement of a new reign, At any rate this toon from his Majesty was entirely at the expense of his successor. Ne’ less, Lord ardwicky represented the moasure as of infinite importance to the impartial administration of justice, and to the rights and libertios of the people. Sir Michael Foster was clearly of opinion that after the
wore required by the legislature to be appointed >
luring good behaviour, they could only be removed by Joins adidreas of both House of Parliament—5 Camp. hanc., 150.
HOW LORD CHANCELLOR THURLOW KEPT THE KING'S CONSCIENCE.
Tord Fldon used to relate the following anecdote : Once, when the mind of Goorgo IIT. was sup; to be not vory strong, I took down to Kew some Bills for his assent, and I don a, Paper the titles and the effect of them,” ‘The King, being perhaps suspicious that my com ing down might be to judge of his competence for public business, as I was reading over the titles of the diffyront Acts of Parliament, he interrupted me and said: “You are notacting correctly, you should do one of two things ; either bring me down the Acts for my perusal, or say, ax Thurlow once said to me on a like oecasion—havit read several he stopped and said, ‘It is all d——. nonsense trying to make you understand them, and you had better consent to them at once,’
A CHANCELLOR WRCYING TO THE KING FAMILIARLY.
Lord Chancellor Brougham visited Scotland in 1834, and was made much of by all sorts of people, One day at
next. But what we do will be done well, because it will ‘be done carefully,"—8 Camp, Chane., 451.
A CHANCELLOR GOING ABROAD WITHOUT THX SOVEREIGN'S LEAVE,
It was said that his Majesty William IV. had declared ‘to those with whom he conversed more freely, that, “He could not account for Chancellor Brougham clandestinely running away with the Great Seal, beyond the jurisdiction
realm mission of tho He once caused Uietals ost for.
ceabihel
he does, the coment of Crown would be no excuse for him—S Camp, Chane, 454.
ANOUD THE SOVEREIGN, PARLIAMENT, Ere. 249
THE KING OUGHT NOT TO MAKE NEW Laws,
drawn by Coke : the King, by his proclamation, cannot create any offence which was not an otfence before, for then he may alter the law of the land by his pro- elamation in a high point; for if he may create an offence where none is, upon that ensues fine and im- prisonment. Also, the law of England is divided into three parts: common law, statute law, and custom; but the King’s proclamation is none of them. Also, maim aut est malum in se, aut prohibitum; that which is
‘iust common law is malum in ve; malum prohibitum is such an offence as is prohibited by Act of Parliament, Also, it was resolved, that the King hath no prerogative bat that which the law of the land allows him. Bat the King, for prevention of offences, may admonish his sub- jects by proclamation, that they keep the laws, and do not, offend them, upon punishment to be intlicted by tho law.”
‘THE KING SITTING AB JUDGE,
Jamos I. is said to have tried his hand ns a judge but to have boon so much perploxsd shor be bed heara both sides, that he abandoned the tradein despair, saying, *1 could get on very well hearing one side only, but when both sides have been heard, by my soul, 1 know not which is right." The terror of Coke, however, was the true reason for abandoning the scheme; for, if it had not thus been boldly denounced aa illegal, by the ald of aycophanta it would have proceeded, and much in- justice would have been perpetrated.
A QUEEN'S WISH TO ENLARGE HER GARDENS.
Caroline, Queen of George TE, had a Sincy to abut x
Bei ciacaags Phe, aad canker guratol it fie tie palase and asked Sir Robort Walpole what might be the expense of ik “Oh.a trill, raddasn," mid ho. "A. tele!” Toplied the Queen; = lcsow JK roustha prety expenilvé: but I wish you would tell me as near as you cum guess.” «Why, madam,” replied the minister,“ believe the whole
ee The consulted Judie all concurred in this answer, “That
260 CURIOSITIES OF LAW AND LAWYERS.
will cost but three crowns.” Her Majesty at onco
perceived the hidden meaning of his three crowns, and
said; “Sir Robert, I will think no mor of it,”
THE KING'S SATIRE ON A JUDGE FOR Loss OF TMPEIL was the general opinion respecting the infirmity
ot Lard Kenyon tom Aaa pees
you 3 lad eager csamlony explésion of ill-humour in the Coart of King’s Bench, his Majesty said to him, ‘My Lord Chief Justice, I hoar that” you have lost your temper, and fro my great regant for you Tam very glad to bear it, for I hope you will find a better one.’
‘THE LORD MAYOR'S SPIRITED ADDRESS TO THE KING,
juring the heat of the dispates about the Middlesex election and Jobn Wilkes, in 1770, the citizens of sent the Sheri and city remembrancer to present & remonstrance to the King. The King was advised to put eptnipbet paret On the second appointment the the Sco waiting three hours, and the Ki Hing. ving the address soliciting » further Appointinent, sent word to the deputation that they must first state how the address was authonticated. Nextday the Sherifk went and sought an audience of the King, weying they bad a right to an audience, and oalining t to to the Seeretaries of State the subject of the message. The, King’s advisers, after debating the matter, at last to advise the King to rocrive them. The re-
toa sigiog tin ng to tears Perla tic, to
read whinge Rie that he eould nob Seoketaer addres. The Lord Mayor then and there delivered to the King an unpromeditated reply,
ABOUT THE SOVERBIGN, PARLIAMENT, ETC. 251
which, after stating the concarnof the citizens, coneluded thus: “Permit me, sire, further to observe that whoever has already dared, or hall hereafter endeavour, by false insinuations and Lal fae to alienate your Majesty's affections from your loyal subjects in from the City of London in parti , aud to withdraw your confidence in and regard for your people, is an en to your Majesty's person and family, a violator of the public peace, and a botraycr of our happy constitution as it was As at ea ie we rah ue
¢ dignity and firmnoss of this roatly pleased. {is cltisame. "Junius oid of its "The node epic of the metropolis is the life blood of the state, collected at the heart: from that point it circulates, with health and vigour, through every artery of the constitution."
WILKES AND GENERAL WARRANTS. =
When Lord Halifax, the Secretary of State in 1763, was anxious to discover the author of a seditious libel in the North Briton, No. 45, he issued a ‘warrant to his messengers to search for the offender, No indivi- dual being named in the warrant, forty-nine persons were arrested, and, among others, Dryden Leach, printer, was taken from his bed at night, his papers scized, and his eaten and servants also a) ded. Wilkes,
aving also afterwards been arrested on the same ground, observing that his name was not mentioned in the ware rant, said it was “a ridiculous warrant against the whole Engligh nation,” and refused to obey it. He waa accord. ingly arrested and committed to tho Tower, while his pares wore rancacked, The printers and Wilkes then ought actions for damages. Leach obtained £400 ae against the messengers, Wilkes recovered £1,000 against Wood, the Under Secretary. = Baca, that time 1t) bax maver’ been doobted, bat 0 Sea person ean bo legally arrested excopt undor a warrant signed by justices or other logal authority, expressly naming tho porson arrested; though if the name were entirely unknown and unascertainable, then no pane need be specified, if the next best moans of identification be given —2 Paterson's Lib, Salj,, 180,
252 CURIOSITIES OP LAW AND LAWYERS.
‘THE OLD MODE OF TAXATION CALLED BENEVOLENCE Where the King thought of mixing money, he wd, in carly times, to nevolence, though others called mebiay mien Won Bare sii props ole
y su peu see them his pu levyi
war for their honour and safety, he Barendea sae neertain levy. Many cheerfully gave, Among a reat was a widow of very good estate, of whom the King merely asked what she would willingly give im for the paleo of hia wars. wet my faith” quoth she, for rye vely countenance sake you shall have twenty King ts which was more than the King expected. The og deena and voucheafed to kiss her, upon which hie presently swore he should have twenty pounds mors,
THE KING ON A LORD CHANCELLOR'S ELOPEMENT,
George IU. wax one day standing between Lord Eldon, aes Chaat Reon the peal Beeb bias of Canterbury, Dr. os i ai Pi nel in the eae
1 King ly. (epee el
naa King ‘ever ccaupied before
Mion’. beaged is Majesty to explain himself. “I
the King, in the same grave tone,
ee Len of the arene ae roe of the
ww, in ony lom—men who ought to be the patterns
of morality, but who have both been Sen of the ery
immorality.” The two lords, learned verend,
looked shocked and astonished. Lord Eldon ot ee
to know to what his Majesty alluded. " Why,
” exclaimed the King, in a tone of exquisite
banter, “did you not both ran away with your wives 1"— 1 Law and Lawyers, til.
TRIAL OF PEERS AND THEIR DIPEACHMEST,
On the trial of o peer for treason or felony, either belore the Honse of Loris, or before ealeoted when Parliament is not sitting, the prosidentahip of tho Lord Chancellor is suspended, and a Lord High Stoward is especially pro hae vice by the Crown. This arose from Lord Chancellor, in early times, being almost always an ecelesinstic, who could not meddlo in
ABOUT THE SOVEREIGN, PARLIAMENT, ETC. 253
mattersofblood. Since the Chancellor has been a layman, he has generally been nominated Lord rh Steward ; ‘but then he becomes" his grace,” and in a dif- forent capacity. On the impeachment of commoners pect can enky be for high crimes and misdemeanours) presides as in the ordinary business of the House,
PEERS PRESENTED AT COURT,
During the year 1710, Lord Chancellor Harcourt. was said to have got into a scrape at court by presenting there « batch of Scotch representative peors to her
if Queen Anno, the rule being, that a peer could only be presented by a peer. The Earl of ter, the Queen's uncle, the president af the council, pointed out the enormity of which he had been guilty; but the ex- Oh r, Lord Cowpor, good-naturedly came to his rescue, and insisted that this being a question of prece- denea, and the Lord Keeper, though commoner, havin, precedence of all peers, thero had been no breach. etiquette, The most absurd mule of this sort still sub- sisting is, that upon a division in tho House of Lords. the tellers on opposite sides must be of equal rank, A proposal that a be should tell against a duke, or even
inst a viscount, would be received with horror, ithough all there aro supposed to be paros—& Camp, Chane. 459,
MAKING A PEER. —s
Tho course of making out a patent of spearaes: is, that upon warrant under the sign manual, and eountersignod by a Secrotary of State, a Bill is prepared on parchment by the Attorney-General, which isa draft of the grant, ‘This being supereribed bythe sovercign, passes under the privy seal, and then comes the patent under tho great seal, before which the peerage is not completed, although on kissing hands after the warrant, a member of tue Houne of Commons about to be ennobled vacates his seat. Anciently a barony was created without patent, by a writ of summons to Parliament, but was not acquired 0 as to descend to heirs till the baron had taken his seat in the House of Peers. Such a peerage desends to heirs female a8 woll as malo, and is usually called “a barony Ww fee?
254 — CURIOSITINS OF LAW AND LAWYERS.
‘THR LORD CHANCELLORS STYLE OF SPEAKIXG.
Lord Chesterfield,a master of dignified style, observed on Lord Chaneellors as follows: “The nature of our constitntion makes eloquence more useful and more necessary in this country than in any other in Europe. A certain degree of sense and knowledge is requisite for that ax well as fr everyting, elon; bat bey’ that, the purity of diction, the sleganey of style, the harmony of peri ee ion, and @ graceful action, are the things which # public speaker should attend to most; because his audience does, and understands thom the best, or rather, indeed, understands little else. ‘Tho late Lord Chancellor Cowper's strength as an orator his reasonings, for very often he weak ones, But auch was the purity of his style, such tho propricty and elocution, and such the gracefalness of that he never spoke without universal @ cars aud the eyes gave him up the » tderstandings of the audience,"—Chosterf
fo, 205,
PEERS MADE BY THR DOZEN,
Bee ie #25
il
pu
the Tories. a reward for his services, bo was mised ts Vil, to Soppon the yous of Uceott When Gay to support ce of Utrecht. When fokmpdocsd into: the oust ‘of Lord Dey ena
PERES AND THEIR TRIAL FOR CRIME By 4 and 5 Viet c. 22 passed after the trial of Tact igan, it is ensoted that when an indictment is found aguinst a peer, bo aball have no privilege except to
ABOUT THE SOVEREIGN, PARLIAMENT, ETC. 255
be tried by his Peers, and that upon conviction he shall be liable to the samo punisliment as tho rest of her Majesty's subjects, No invidious distinction of the Reornge now exists except the action of Scandalum
fagnatum. Lord Campbell says ho intended to include the abolition of that action in his Libel Bul; but he found tho manner of doing it vory difficult, for the action rests on statutes which merely forbid the telling of lies, and the spreading of falec reports of great men, which it would appear rather absurd to ropeal.—6 Camp. Chane, 516,
THE ACTION OF SCANDALUM MAGNATUS.
‘Tho courts seem to have applied the rules of the common law to the enforcement of this remedy somewhat more liberally than modern notions would allow. Lord Dorchester, in 1660, got a verdict against the defendant for saying of him, “He ix no more to be valued than the black dog which lios there.” Lord Pembroke was held entitled to sue a man for saying, “He was a pitiful fellow, and no man would take his word for twopence." Lt was also held actionable to say that the Chief Baron was doaf of one ear, as this was apparently assumed to have a deep symbolical moaning, Lord ‘Townsend, in 1676, brought an action against Dr, Hughos for saying, “Ho was an unworthy man, and acted against law and reason,” ‘The jury gave a verdict for £4,000, and the court held this was no ground for a new trial, as they could not set a value on the plaintiffs honour. All cases wore, however, thrown into the shade a few years later, The Duke of York, in 1682, obtained a verdict of £100,000 against Pilkington, for saying in the Goildhall, at 2 meeting of aldermen of the city of London, that “the Duke td burned the city and was now come to cut the citizens’ throats.” The defendant chose to have the trial in Hertfordshire, and the jury, who wero all gentlomen of quality, in a quarter of an hour found their verdict. A verdict for the same amount ‘was returned in another action by the Duke against
Colt ; and even against Titus O, who, however, made no defence, they wars cqually. Wer, The Ban of
—_—
256 —- CURIOSETIES OF LAW AND LAWYERS,
inary remedies, and especially the of cxfoubial information—Paterson'’s Lib Press and Worship, 182.
PEERS CALLED BY EACH OTHER, NOBLE FRIENDG
i bimeelf very il used, nob ae by his oldeo i he wrote to or ver, Sir swt in my right mind apon what is be whi as attockd Gay, yy, and e who waa with mo in Administration in 1 nately holding silence, and the whole royal whase protestations oe my boxes al among my enemies, help me, if L had not of proving I bave nothing to fear."~7 Camp. Chane,
rsa
Fe
Fs eegedt Bite
THE PEER AND THE DEVIL'S COUNTENANCE,
Moore Speaker Aborcromby once talked of Enns specch in defence of Peter, Pindar for w Ube
in which that wit had compared Lord Lonsdale to the devil. Erskine dwelt on the described by
SOVEREIGN, GOVERNMENT, FARLIAMENT, BTV. 2567
TWO PEERS OF THE SAME NAME,
Mi lati the heiress of the rival of Sir Robert Bo had been created Baroness Bath, there Dein; ques of Bath of another faraily existing. tend Radnor made a motion in the House of Loris this ea contending that it was unconstitutional saa illegal to create two pears with tho same title, and that ee would arise from it, as in their
eo “Bath” might often ay
posed ae th” ‘Lord chee yh said, “ “My lords, there es sat in this House, at the same time, Lords eae Lords Porcy, and Loris Howard, without end,
Besides, in this ease, there isn auro way of preventing the futuro antagonism which haunts tion of the ace er m the heir Dios of he SE being a may eee, 1 young ww baroness, and then Bath be merged in Bath!" Lord Radnor had only one peer to divide with him.— 80 Parl. Hist., 574.
SCOTCH PRES MADE BRITIBH PEERS
Tord Loughborough, before he beeame Lord Chancellor, gainod a —— 4 question not conaidered a party one, viz, " Whether Scotch representative peers being created British pocrs, they should continue to sit as part of the sixtean or, their vise Boul be supplied by a now election." Upon a vei ent of his against the Chancellor, nag? House of Leeds loterminod, by a ranjority of 52 to. 38, “That the Earl of Abercorn, who had been chosen to be of the sixteen peors by the treaty of Union, to tora the peerage of Boot land in Parliament, et
Viscount Hamilton, by lettors patent undor the Great Seal of Great Britain, Bat thereby cease to act as ‘a representative of tha peerage of Scot land.”
PEERS ALARMED BY THE PREMIER'S ASSASSINATION. Lord Eldon was sitting on the woclsack when intelli-
of Mr. Percival, the Prime rieyee being shot wax to tho House of Lords. Noa
258 CURIOSITIES OF LAW AND LAWYERS,
dingly given to search all ooaled
i f F £ zi
violence at that time, The chief object of his resentment was Lord G. Leveson Gower (afterwards Earl Granville), had been ambassador in Russia when he suffered
som0 60 grievance there, for which he made tho Prime Minister responsible, The shot was fired about five o'clock on Mom: veecain May 1th, the trial took place on Friday the 15th, and before nine o'clock in the. morming of tl oni following, enone i ay was lying in lissecting-room of Surgeons’
He Diy eile. rahe eey ina mad house, and several of his family had been afflicted with madness. says, “No persons can bave heard what the conduct. demeanour of this man has been since he committed the crite, or can have read his defence, without being satisfied ho is mad ; but it is a species of madness which, probably for the security of ‘ought not to exempt a man from being answerable for his sctiona"—-Rovaillys Life,
OSE PEER CHALLENGING ANOTHER FRER TO FIGHT, A private affair of honour, wholly unconnected with
any liamen' proceeding, was it before the Hous by Lond, Chancellor wurlow a8 & breech of
hats game-keeper, whom he had discharged, had been
=
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETO, 259
countenanced by the Duke of Grafton, wrote some very intemperate letters to his grace, and insisted on fighting him either with sword or pistol Lord Thurlow, on the tumour of what bad happened, moved that they should attend in their places in the House, and both partics being heard, it was resolved that the behaviour of the Duke of Grafton had boon highly Iaudablo and mori- torious: and Lord Pomfret, being made to kneel at the bar, was informed that he had been gaily of a high eon- tempt of the House, Afterwurds the Lord Chancellor, with three-cocked hat on head, administered to him a thendering reprimand. Now-a-daye, the House would refuse to take cognizance of such aquarrel. ‘The su broach of priviloge would be the same if the challenger were a commoner, although this ciroumstance would render the interforence more prepostorous—22 Parl, Hist, 855,
A LORD CHANCELLOR BESEECHING THE HOUSE OF LORDS.
Lord Campbell ae of Lord Brougham's great speoch on the Reform Bill, that he was partly inspired by draughts of mulled port, imbibed by him very copiously towards the conclusion of the four hours during which be was on hia legs or on his knees, Lord Brougham thus concluded: “Ariong the awful considerations that now bow down my mind, there is one which stands pre- eminent above the rest, You are the highest judicature in the realm; you sit hore as judges, and decide all causes, civil and criminal, without appeal, It is a judge's first duty never to pronounce sontenco in the most triflin,
caso, without ahearing, Will you make this the excoption
Are you really prepared to determine, but not to hear, the mighty enuse sa kta ‘a nation’s hopes and fears hang? Youare! telat SE ae ue not, [ bescech , & peace-lovil mut a resolute le. Dornobalisnals frou Jour body the alectictis of artole empire, As your friend, as the friend of my order, as the friend of my country, a8 the faithful servant of my ek T counsel you to assist with your uttermost efforts in preserving the peace, and upholding and yer- detaating the conatitution, Therefore 1 pray am
260 = OURTOsITIES OF LAW AND LAWYEnS,
not to reject this measure, By all you hold most abe sey oll Dont Lion bab abiadl orery sna olirenitcone
supplicate you, not Bilt" Ho
continued for some time as if 5 but bis friends,
eee a ee acre se from the effects
mi rt, picked him uj safely
$a he. woolen Like Burk 's famous dagger scene in
the House of Commons, this prostration was a failure,
So unsuited was it to the tors and to the actor, that it juced a sensation of ridicule, and
tho effect of a i wonderful
Petia matchless, and eta dla ‘Camp.
SUMMONS TO SIT AS A PEER,
‘The doctrine that, “summons and ai constitute an
peerage,” ia now fully established, and bas often
‘been acted upon; but in early times the King seems to
have exercised the prerogative of summoning any knight
to sit in the House of Lords for a single Parliament, with-
out incurring the obligation of again summoning him, or of summoning his descendants abe his death,
A VEER LAMPOOXING IIS ATTORNEY,
Tho Earl of Abingdon, having quarrelled. with bis attorney, delivered a most calumnious against him in the House of Lords, and then published it ina
‘The indicted him for publishing Uh libel: The trial coming on before Lord he
remaining ously. insted am Kis Sight. to. be yaa he Chie nin and he “oie tnt to ae vileges. Lord Ken: Tid, nik ad. cer da ab at a poor Oba
a!
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC. 261
nosis rd our ia are as his ase Tuatico, bs pleas out of respect to tho sovereign o| these realms, and tothe sovereignty of the Inw, the noble carl must be uncovered.”
YOST OFFICE LETTERS MAY BF OPENED BY A SRCRETARY oF STATE,
oe the servants of the Post Office and third parties aré punishable for opening or tampering with letters while in the custody of the Post Office, an exception has always been maintained. This exception is, that any letter may be opened, detained, or cae in obe- dienco to an express warrant in writing under the hand of a Sccretary of State. From the first tho Government had exercis its discretion in this matter, and retained in its banda the power of oponing ay private letter at any time. And it appears to have been, a century ago, the common complaint of lending statesmen, that their tical opponents made a pructice of opening their tters when they had the power, And however arbitrary this may scom, still on full investigation it has been deemed safer to leave an uncontrolled diseretion, as in many other instances is dono, confided to a fi not likely to abuse it, rather than abandon what on some great emergency may prove a slight assistance in thwarting seditious or illegal machinations —Paterson's Lib. Press, 60.
INISH SPEAKER AND LORD CHANCELLOR IN COLLISION.
During certain political feuds, about 1695, the Irish Lord sent ir Charles forte ert teresa, in defending himself sgainst an impeachment by the mons, Was ding home late at night in his lumber
ins beet alld. ner’ Bttet, near the Fou Courta, the Chancellor's coachman had to pass another cart immediately in front, which was the coach of the Speaker, a violent enemy of the Lord Chancellor. A strong glare of light helped. the Speaker to discover whose couch it was that was almost in collision with his own, when he peromptorily called on Yao Counediior s
262 CURIOSITIES OF LAW AXD LAWYERS.
coachman io keep back. This mandate being unheeded,
tho Speaker, in his robes, darted from his coach and,
di and dirt, seized the reins. of the
iene ane and brought the horses on their mace
TRISH KNIGHTS MADE BY LORD LIEUTENANT.
A meeting of the English judges was held in 1823, at Chief Justice Dallass house, to consider the point whether the Lord Lieutenant of Ireland had the same
neously that ig ket of Union, did not dypewve Bia of bls formor privilege, and that the knights created by him were knights all the world over. It was made s matter ‘of speculation how such a time should have
before mooting the question, and some poople said the doubt was started to mortify Lady Morgan, whose husband had been thus knighted, and whose writings offended the ministers,
[AIS HAL OPPOSED TO THE UNION WITH GREAT DRITAIN,
In 1798, when the Union between Ireland and Great Britain was canvassed, the Irish bar held « meeting in Dublin to consider it. One of the speakers, Thomas Goold, was raid to have made tho most forcible
i the proposed Tnion, of which the following was ion -—
“There are 40,000 British in Ireland, and with 40,000 jets at my breast minister shall not
Sicily in the bovom of tho Atlantic. T
iE Ey F Ey 3 i 3 § “4 i
a free and independent nation. Our patent to be s state
SOVEREIGN, GOVERNMENT, PARLIAMENT, nrc, 263
not a shire comes direct from Heaven, The dighty has in majestic characters signed the grea charter of our arene ‘The great Creator of the world has given ‘our beloved country the gigantic outlines of a ki . Tho God of nature nover fatendod that Ireland be @ province, and, by G—d, she never shall!" A hurricane of a] a0 rowarded the eloquent speaker, roe on a division the Irish barristers gave their votes a8 lows :-—
Oppored tothe Union. . . , 106 In favour of the Union 32
Majority. . . . 13% 2 O'Flanaghan’s Trish Chane, 256.
DEFINITIONS OF A SEDITIOUS LIREL —
The difficulty of defining a seditious libel is inheremt im the subject matter, for no limit can bo set to the ‘ics, the men, and the measures, that may ba spoken ‘and commented uj ‘Tho utmost certainty attain- able is to say, that whenever a speech or writing imputes | corruption, or scandalous miseonduct,or ce im such terms ns to incite others to got rid of the ob- noxious person by other and speedier methods than tho ordinary remedics proscribed by the law, then to that extent and no further it is a seditious libel This effect of the libel on others in stirring these passions and ‘them to violent courses is sometimes deemed the gist of the offence. But any excess in the degres, the adequacy, the justification of the language, must always remain to be settled een of a jury. He who, as Erskine observed, wi to avoid sedition, must not excite individuals to withdraw from their subjection to the law, by which the whole nation consents to be governed. He must not strike at the security of pro- perty, or hint that anything less than the whole nation can constitute the law, or that the law, be it what it may, is not the inexorable rule of action for every individual. A. seditious libel, therefore, in its shortest definition, consista in “any words which tend to Wate yeohe
264 = cURIOSITIES OF LAW AND Lawyans, immediately to take other than Jogal courses to alter what the Government has in charge."—Paterson's Lib, Press anil Speceh, 83,
LIBELS ON MINISTERS OF STATE
Lefeag pon eh sias a eatin porsonal vonesty or ion, thoy havo the same remedies as others, m a state ution.
by the Morning Herald with gambling. ia, the funds and fraudatently availing himself of official information to make money on the Stock Exchange, and that “his friends were deeply grieved by the discovery, but were trying to palliate fis miscondact,” he sued the publisher for damages. Emkine, for the defendant, admitted there ‘was no justification, and Lord Mansfield told the jury to ieabadbor’ This Wink very baload quiation, to. which alt the public were concerned, namely, whether there shall
meay to the reputation of honourable men ia. al ‘or private lif The jury gave « verdict of damages.—Patorson’s Lib. Pros, 5.
‘WARRANT TO SEARCH FOR SEDFTIOUS PUBLESURER
It was finally decided conclusively in Wilkes’ caso, that there is no aut ty in the cosnmnon lnw for the practice once attempted of m Secretary of State issuing # general search warrant, j.c., a warrant not naming any person as accosed, and under it to seize the supposed author of = selitious libel lj nor i there any like authority to. enter
house and seize his papers for purposes of search, #0 as to discover the real criminal, And for like reasons the House of Comznons also resolved, in 1776, that a general warrant for apprehendi:
or
vided for by: Act of Parlisinent is, if axeented. on. tho person of a member of the Hause, reach of privilege ; and the seizing or taking away the papens of the author, printer, or publisher of a libel, is also illegal, and such
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC. 265
The liberty of the subject in this respect was thus declared to be unassai. either by the crown or any minister of state-—2 Paterson's Lib, of Subject, 132.
PROSTAATION IN PARLIAMENT,
As eastern despotism under Henry VIIT, was ostab- lished in England, there was introduced a near approxi- ‘mation to the eastern custom of prostration before the
Wo aro told that on tho last day of the
veasion of 1540, as often as any picco of flattery
liarly fulsome wns addressed to the He] by the
er or tho Chancellor, “every man stood up and
bawed themselves to the throne, and the King returned
tho compliment by a gracious nod from it”—1 Camp. Chanc,
THE SVKAKER AXD THK MOUSE OF LOMDS,
Lord Lansdowne told Moore as to the custom of the wear their hats in conferences with the Commons, and the latter taking them off, that the point of etiquette was once contested betwoen them, and iblic business was a good deal obstracted by their ions, But Speaker Onslow had the merit of settling the matter thus: As the Lords sit with their backs to tho throne, they aro not, he said, supposed to ‘see it; and therefore are not expected to uncover: where. ‘asthe Commons, with the throno before their eyes, could not in decency keep their hats on their heads, This reconciled the pride of tho latter, and got over the difficulty.
Tord Russell, however, observed upon thia account that there was some obscurity, for a conferonco never takes place in the House of Lords, but in the Painted Chamber, where there iso throne, There may, however, have been formerly a throne there.-Moore's Lifo,
THE SPEAKER'S CABTING VOTE.
Lord Carnpbell says, in his Autobiography, “I was one of four benchers of Lincoln's Inn, who dined there with the Speaker (Manners Sutton) in 1825. Easked him if he had prepared a speech to usher im Wis vote, duos
266 «= CURIOSITIES OF LAW AXD LawYEns. {hs Howse be oqualiy divided: Ho said thnt he had, and
he was 90 good. joured as to tell us what he meant to say. angela hop, baeeeehr tar er ie a! liberty to vote against the question accarding to his private sentiments, You know that there are somo occasions when the Speaker is bound to vote in a par- ticular way, whatever may be his own sentiments ; as for
Rime ancs tus Gecrees
PARLIAMENTARY DEBATES.
re, in 1523, the first instance of a complaint of ‘ion of debates in Parliament. Lord
cireu! 5 |, reaching bis cars, had given erally circulated ; and. hi Ps fim high displeasure. He made formal complaints to tho Lords; and insisted, that for any member to repeat out of the House what had pasted in the House, was a breach of privilege and a misdemeanour: ‘ Whereas, at this Parliament, nothing was #0 soon done, or spoken therein, bat that it was immediately blown abroad in every alehouse.” Not eontented with this, he resolved to & visit of romonstrance to the Commons, apd in mah nigte that they should be completely overawed by the aoeshe his Cl eee He calculated, likewise, un the complaisance of the Speaker, whom be bad been fnedrutsontal in (pissing the chair; but the Speaker was Sir Thomas More, the ‘courageous as well ax the See eaten Jand, who aed all toauie
jest man in |, who in €f Eee tae was ma ta eel example to Lenthall, when Charles I. sought to arrest the five mombers.”"—1 Camp, Livos of Chanc, 473.
‘THE SPEAKER OF HOUSE OF COMMONS AND JIS FOSITION TX THE Louns,
When sentence was about to be unced on Sache- verell, who hed becn impeached in liamont, an alterca~
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC. 267
tion arose below the bar of the House of Lords, which, but for the discretion of the Lord Chancellor Cowper, might haye led to very serious consequences. When Sir Richard Onslow, the Speaker of the Commons, came up to demand judgment, a question arose whether his mace was to be admitted into the House of Lords, and the Gentleman Usher of the Black Rod insisted that it should be left outside the door, which he said was according to ancient reeedent. The Speaker threatened to return to the fouse of Commons and complain of this indignity, but Lord Chancellor Cowper ordered that the mace Le admitted. “Black Rod,” being then ordered to pro- duce his prisoner, was going to put him on the right hand of Mr. Speaker, who was thereupon very wroth and oxclaimed ;, “ Lords, if you do not order the Black Rod to go with the prisoner on the loft hand of me, at some distance, I will return to the House of Com- mons!” upon which the Lord Chancellor directed Black Rod so to do, and then Mr. Speaker demanded judgment, ‘Tho Lords’ Journals wore silent reapocting this ecntroversy, but all the particulars are carefully recorded in the Journals of the Commons, who have ever since enjoyed the privilege of taking their mace, with the Een into the House of Lords, and of having the prisoner placed at some distance on the Speaker's left hand, which were considered great constitutional triumpha— 1s St. Tr,, 472.
CHANCELLOR REPRIMANDING THE HOUSE OF COMMONS,
At tho close of the seasion of 1570, the Lord Keeper, Bacon, highly extolled the discretion and orderly proceed- ings of the Uppor House, which redounded much to their Hane ae me to be eoemroer, Lees of =
jesty ; but he inveighed heavily against the popular party if the Commons “for their audacious, arrogant, and mptuous folly, thus by superfinous speoch
fing much time in meddling with matters noither pertaining to them nor within the eapacity of their underutanding.” ‘The importance of the Commons was, however, now rapidly rising, and that of the Lords sink- ing in the game proportion,
268 CURIOSITIES OF LAW AND LAWYERS.
OLD MODE OF ADDRESSING THE HOUSE OF LORDS. |
On the second reading of the Bill, to declare Queen een in the House of Lords, the
He i le z i
‘ORIGIN OF HOUSE OF COMMONS,
For some reason not explained, Nicholas ip Ely, in the reign of Henry HL, was removed by Do M from the office of Chancellor, He was probably sm of aden temporised between the two ies, of bav- ing 4 Seontenonced the reference to King of Franes.
whe ever sealed writs for tho election of knights, citizens, ry beri peared to Ferecseiie Whether ey a native
files passes Sossueding ths benefits pe confer Seaantueaty. a Te lontfort, who been born and educated abroad, introduced it from San sour) inne the ied exis’ wan at ta grint supplies and have a share in legislation, or whether the two eee but a present expedient for te stay ‘aes tage ity they then with the Feehan ees) ches Tas below leat ing to rreiatt erase a et At be vain comme Althoug! Fo Nama temmen ih elece tate Uae eee
eo bhsasa ua, yot it could not havo peters tin it hed 200 Bem weed to’ Oe
SOVERBIGN, GOVERNMENT, PARLIAMENT, ETC, 269
stale of society and the wants of the nation. In spite of ‘yiolenes and oppression, in spite of continued foreign or Sesdg eames Sens pak ane wealth increased among the middle orders, the system began grn-
- to docline, and both the King and the people favoured a new power which was more submissive than the barons to tl Jar authority of the Crown, and at the same time, afforded protection against their in« solence to tho infcrior classes of the community —1 Camp, Chane, 153,
ORIGIN OF THE QUEEN'S SPEECH TO PARLIAMENT,
King Jamos L., on opening the session of 1604, intro- duced, me ee fashion of tho eee doclaring the causes of the summoning of Parliamont, but he still adhered to the ancient custom of doing so before the choice of a Speaker, Jumes's h was exceedingly long and learned, and he would have been Mghly incensed If at one had treated it os the speech
the minister. he had concluded, the Lord Chancellor Ellesmero thus om —
“My Lords and Gentn., all yow have heard his Majesties
and that extraordynary confidence his hath Cm in the greate wisdomes and lovinge atfeo- tions of this present parliament, Yee doe not I am sure of it, any iteration or repetition of the same, A Tacedemonian beings onen invited to hear one that could well counterfeit the voyce of a nightingale, put it off with this compliment—I have heard the nightingale herselfe; and whye should yow be troubled with the croakinge of a Chancellor that have heard the powerfull ssreetini of most ane fjstciowr testa diye for me to gloss upon his Majesties speech were. nothing then as it is in the satyre, Aurewm annulum
ferreis stellis —to inamell a rings of gould with ‘studdes and starros of rustic iron, Tdoe not doubte but that his Majesties grave sentences, like Asschinesses oration, have lefte behinde them a pricke or stingo in the mindes and heartes of all yow his hearers, soo as it is not fitt that I, with my rndo jainbleings, should aboute to trouble or discompoye the wame, for ox ive
270 = oURIOSITIRS OF LAW AND LAWYERS.
writton of Nerva, that when he had the Euy ps eer peg ey et immortale smortale
pincer oh a ere opr
Chane, 220.
On the 30th of Jam a inauspicious to the Blasts Waid Tipne semmted elon etary made a long from the throne in his ram Se oi fee Gerais sa ‘addressed him: " ts Majesty, T am strack. with ‘Teaco of, pot roSoand| dlecotraaiy with reverence of your royal it, and contentment
in a eee Lore paid “ h have fallen from
your re OF mY tas commen-
lig ry ReipeeE po (hee trains deliver the oracles of his
give me me leave to give my sien: to the Upper
pepe briefly in two wonks, Nosos teipawm,
t Troola have tre Parliament know ttanit Ast, in a modest
it is in them, their careful to an infinite to them- solves Siena opted jon at it od abroad.” btm Inter
‘The Lord Commissioner of the Great Seal, when Lond Protector
conducted after antique, it wan noticed tbat the Lord Commissioner did not take » text of Scripture fora thesis, like his venerable prodocessors,
When writs of summons for a new Parliament were issued by the Lords Commissioners, under the Great Seal, ‘the session was opened by Richard according to royal forms, it was noticed that he
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC, 271
both Houses himself in a very sensible ‘h, and did not call upon any keeper of the Great ‘Mat farther to explain the reasons for assembling them.
When Lord King took his place as Chancellor in the House of Lords, on the 20th of January, 1726, and then read the royal speech, the King did not even repeat the effort he made when he first camo to the throne, so a3 to say,in English, that “I have ordered my Lord Chancellor to declare the causes of calling this Parliament,” Tho custom was then introduced of the two Houses echoing the words of the apecch, and on that occasion the address ‘was carried unanimously,
DELIVERY OF THK KING'S SPERCH
From a mot of George IIL, recorded by Lord Eldon, that King frais have displayed a talont for delicate ‘sarcasm, Eldon says, “On one oceasion George IL, When he came out of the House of Lords, after opon- ing the session of Parliament, said to me, ‘ Lord a cellor, did I deliver the Speech well?’ ‘Very well, indeed, Sir’ wax my answer, ‘1 am glad of that; ee the King, * for there was nothing in it”
rd Campbell remembered being told, when be was a boy, although he never saw the aneodote in print, that havi if knighted a gentloman of the name of Day, ato levee held on the 29th of September, he said, “Now L know that I am a King, for I havo turned Day into knight, and made Lady-day at Michaelmas,”
ORIGIN OF DOCTRINE OF PARLIAMENTARY PRIVILEGE.
Lord Chancellor Fortescue laid the foundation of par- Jinmentary privilege, to which our liberties are mainly to Hav aba Ht hal the sac ie a questions concerning the privil of Parliament were Soe domconiaed nar ate cenmnce as judges, appointed and removable by the Crown, these privileges must soon be extinguished, and pure despotiam must be established, Hio poreslved that the Houses of Parliament alone wore competent to decide upon their own privileges, and that thia power must be conceded to them, even In ammdoxy
272 = cCURIOSITINS OF LAW AND EAWYEnS,
STRANGER LEAVING AN UMURELLA IN THE MOUSE OF LORDS.
Shortly before Lord Eldon’s resignation arose the famous umbrella case, so frequently quoted in the dis- cussions on the subject of parliamentary priviloge. A
» being admitted below the bar, was required by ‘one of the doorkeepers to deposit his umbrella in an ante- room, and his property not being returned to him when es Callers ct ete messenger for the value of it, before the Westminster Conrt of Conscience, and recovered a verdict for 17a 6d. damages, with 2. 10d, costs. But on complaint made of this proceeding, Lord Eldon had the plaintiff and his attorney summoned to the bar, and he refrained ‘from committing them to Newgate only when they had made 1 bumble apology and renounced the fruits of the ver- dict; intimating @ clear opinion that the House woald not allow to be prosecuted any suit brought before other tribunal with the intent of questioning privileges.
BREACH OF PRIVILEOE—REJECTING THE VOTE OF AN
ELECTOR
Somers, when Lord Chancellor, waa allowed to have done service to thestate in a matter of parliamentary privi- fEge. Ho eeablsbed the doctrine, witch ‘hae boes acted
icerfor talicicunly eeeting the Yote ofan electoe¢ and
beso forcibly ex; abuse of privilege by the Com= ene bt, greal, expo larity upon them for their lings, and they were long mare
‘and reasonable in i attempt to
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETc. 273.
House of Lords, has never been revived. There seems no longer any danger of a collision between the two Honses; but to reconcile their pretensions to a actions brought contrary to their priviloges, and the power of the courts of Inw nevertheless to proceed with such actions, is a formidable constitutional problom bagi pees be nse Su that nothing could bo more than
bya iatute to, define all the Evia of Parlisment but (not attaching much weight to the objection that they ought to be undefined) the most serious incon venience would arise from saying that the two Houses havo no privileges except such as the framers of the statute have specified ; and from, as m necessary con- sequence, submitting the construction of this statute to the courts of common law. Lord Somers saw the evil arising from the vagueness of privilege, but did not venture on a legislative remedy. Swift, in the year 1724, in a Totter to Lord Chancellor Middleton, thud wrote: * Lord Somers, the greatest man I ever knew of your robe, lamented to me that the prerogatives of the Crown, or the privileges of Parliament, should ever be liable to dispute in any single branch af either, by which means, ho said, tho public often suffered great inconveniences, wheroof he gave me general instances. I prodace the authority of 60 eminent a person to justify my desires that some high Ler Wea it be cleared.’ @ legis~ Inture may usefully interfere on particular points, as to-confor a power of at once stopping an action brought to attack the privileges of cither House; but a “ Privi-
Code” was pronounced by Lord Campbell (who when Attorney-General had to fight the battle of privi- lege) to be impossible.
MIMBER OF PARLIAMENT AS WITNESS ON IMPRACHMENT TRIAL,
When Mr. Tierney was one of the eine for the
Commons on the impeachment of Tord Melville, he
claimed as a privilege to be examined from his place
in ie ple, sot apart for the Commons ax. Rt
Chancellor Erskine said, “I think there ought to ve wo ~~
can no further it on this sul member of the House of Commons ; and if the gentleman ia to be examined, ho must stand in the propor for witnesses” Mr. Tierney was obliged to descend to
i
iy
ES
j
at
2 oni
‘ i 4 E B : é ut
rl 37 $8 HE ge utr i! Hie
F “3 E 4 i Fe i
of every court in the kingdom would have to be examined in any place in which I might when called as a witness; and being in
one of the Commons, not an indiffereat — a member of a Committee of the whole House, to make
i
I of being examin: ain my pict fa are'y oo. of representatives ie le, 1 atom vil tasted agaizet tho place ie whicl I. now atend, Twill proceed to answer the questions of the honourable mannager."—6 Camp. Chane, 579.
THE SPRAKEE APPROVED BY A PHANTOM KING.
One of the most ludicrous diffiealties in which the House of Commons was involved, in 1789, arose from
SOVEREIGN, GOVENNMENT, PARLIAMENT, ETC. 275
oss should havo boon a] by tho King, and should have prayed for a continuance of the rights and
Wvileges of the Commons. Burke sai joy had
st set up a ‘phantom’ to ropresent the Groat Seal, and now their Speaker was to bow before it, and to claim their rights and privileges from a creature of their own creation,” However, they ras veeetibepder es be
Lord Thurlow, and Eldon after his, iti to act on the King’s instructions, when the: w ho was insane; and they practically did what eBoy pleased in the King’s name.
LAWYERS EXCLUDED FROM PARLIAMENT,
In ancient times lawyers were frequently, and by repeated Acts of Parliament and Ordinances, disqualified from mito as members of the House of Commons. In the writ of summons, a prohibition against their election was often insorted. Lawyers, indeed, were, according to Carte, the first class positively excluded from the House, and it is et thet the words “gladiis cinctos” (girded with swords), which appear in the writa of summons in the time of Edward [IL, wore introduced to exclude them. At that timo lawyors abounded in the House. “Four shillings a day,” writes Carte, “the constant wages of a knight of the shire, though more than ten times that number in our days, waa not a sufficient equivalent for the trouble and in- convenience which a gentleman of the first distinction in his county, must undergo by removing to London, nor indeed was it worth his attention; but it was very considerable advantage to a lawyer, whose business culled him thither in term tine; the terms being in those days the usual times of Parliament sitting.” However, to exclude the lawyers till more effectually, ib was declared that if elected they should nob receive the wages paid to the members in those days. We read in a writ of summona,dated Lichfield, in the fifth year of Henry IV., "The King willed that neither you, nor any other sheriff (piceoomes) of the kingdom, or any
rentico, nor other man following tho law shawld Se n.”
jcimyl ethene |p als ore poe “was
Parliament.” “Since
despatch of businoss, and had the desirablo offect of . peak Saxon simplicity, and er, Bae most like God's commandmenta”—=
one knows what are the excesses which the law deems blasphemy, immorality, sedition, or libel, be cannot fully comprehend the extont of liberty be may . Those are but the moro pa ithe restrictions,
men require in their daily avorations, Yet
id quicksands requires the same
exprienss sod knowledge whieh pilots and ma wi
the vast range of ceoan open to the navigstor is so
SOVEREIGN, GOVERNMENT, PARLIAMENT, BTC. 277
great in proportion to the spaces shut out, that the positive [acta represented by the liberty of the press, is not only the most intense and sensitive of which a citizen ix capable, giving scope to his noblest faculties, and bringing within range his most far-reach= powers, but the restrictions into insignificance, ‘are altogether inappreciable. These restricti as will be seen, are necessary for the protection af all other fellow-citizens who claim equal rights, and have ‘their own affairs to further and protect, and who would otherwise be molested in their own separate pursuits, ‘The liberty of the press as thus understood has been described as the palladium of the constitution, and as that which will command an audience when every honest mau in the kingdom is excluded; as Lord Camden suid, it in the greatest engine of public safety; and to which, a2 Fox said, tho modern improvement in the science of governinent was entirely owing, and to which it is owing in a measure that we enjoy any liberty at all. Tho freedom with which slalful writers ean animadvert on the conduct of all public men and public measures, acta os a chock on every kind of misgovernment, and baffles moat of such nttompts sooner or later, It gives dignity and a sense of security to the whole people when they know that somo champion will be forthcoming, or is ever an the alert, able to mect all comers, whenever an abuse is discovered, a grievance felt, or an evil is to be re- dressed, and that there is no ‘machinery by which any interested party can be sure of enforcing absolute silence, Though Parliament at first misunderstood the power of the press, and like other powers, feared some ‘new rival, yet when these great engines are allied, it is seen they are the aparece ‘of cach other, and that neither could put forth half its strength without the other being ready to second it, The power of each is at least immeasurably enhanced by calling im aid its patural ally.—Paterson's Lib. Press, 41.
CENSORSHIP OF PRESS, €
‘The decree of the Star Chamber, in 1637, ordered all Looks to be licensed by the Archbishop of Canveroary
278 — CURIOSITIgs OF LAW AND LAWYERS.
that were , power to enter houses
iden Ac pried tein of book. a a
it was i at Stationers’ Hall;
also unt obtained, Act was continued several ‘times, snd during William and Mary, till it came to an end in 1692.
2 5 8 F i e 2 E i Fy BR z
censorship. One Bohun had, while censor, licensed
unawares: ae a o ‘House of Commons ae it to common hangman,
oe to be dismissed and committed to prison,
rinters joined in the complaints. The Act was not Tpewed ‘after 1602 ee were commenced almost immediately thereattor, and increased rapidly.
|e ERSKINE OX PAEEDOM OF PRESS,
“From minds subdued by tho terrors of punishment there could issue no works of genius to expand the
SOVEREIGN, GOVERNMENT, PARLIAMENT, EYC, 279
the animate and inanimate world, to be wild and irregular; and we must be contented to take them with the alloys which ery to them, or live without them. Genius breaks from the fovters of criticiam, but ita wanderings are sunctioned by its wisdom, when it advances in ite pe } subject it to the eritic and you tame it into dulness, Mighty rivers break down their banks in the winter, sweeping to death tho flocks which are fattened on the soil that they fortilise in the summer. Tempests occasionally shake our dwellings, and dissipate our commerco; but thoy scourge before them the lazy elements which without them would stagnate into pestilence. In like manner, Liberty herself, the last and best gift of God to his creatures, must be ee as she is, You might pare hor’ down into bashful regularity, and shape her into a perfect model of severe scrupulous law ; but she would then be Liberty no longer; and you must be content to die under the lash of this inexorable justice, which you had exchangod for the banners of freedom,”—Ensik, Spoeches.
ADVANTAGE OF DAILY REPORTS OF ‘TRIALS,
At Gloucester assizes, in 1853, a causo was tried in which a janet laid claim to large estates, and in bi aged of his claim produced deeds, and documents, and seals, of which he gave a plausible account During the cros-exumination by Sir F, Thesiger, a telegram reached the counsel from an engraver in London, who
read an account of the trial in the newspapers, and was enabled to say that a certain brooch and seal produced by the plaintiff, und palmed off as part of the family arms, which he had got fifty years before, had been made to ordor very shortly befor the trial. Sir FP. Thesiger put the questions founded on this intelli- pind atid |e oned blow op: the whole fabri of frguy and falsehood. The plaintiff was charged at once wi forgery, aud was, after trial, convicted and transported,
FREEDOM TO PUBLISH NEWSPAPERS.
All the restrictions on the publishing of newspapers caused by stamp duties, advortisoment duties, wad
280 = CUIOSITIES OF LAW AND LAWYERS.
affidavits, and recognizan i it , the eresraiien oe Aoenetonieneen in eae
whatever to suppress, with or without reason, news. ahers of which re Liable for Hitels. to the
a extent; and the punishment does not directl; adece the i
each anion of offence, put cannot on any pretext be
both what is imperial and wi eo, not of the governors, but of the governed, and that Bee take an active and personal part in its whole inery, by virtae of their representatives in Parliament, who preside over the springs of action, and who both act and react on each other. The public business is the business of every intelligent citizen; in which he takes almost as close an interest. as in his own personal affaira The power, glory, and influence of his country, are felt to be own; ho watches the movements of floote and armies, the feints and protests of ambassadors, the rise ‘and fall of ministers, as if they all drow their inspiration from his own thoughts, and as if they were doing Lis own business and contributing only their fair share ta the common fund, in the disposal of which he has am equal voice. There is no longer recognised any divine eh of government confined to any one elasa Henee, all great officers of state, who take their turn of care and af tem authority, are viewed ns within bis call, and prog tat ehh ei thea they divine his own mind, or-ought to have divined it, Comment, eriticiamn,
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC. 28]
censure, and praise, on all public ren and public affairs, are thus part of his every-day thoughts, which give variety and freshness to life, and lift him above the er are round of ahem immodiate Mad ees He
18 es part of the tnanagement in the greatest enterprises, sud acon much of hia daily pleasure in dis- pensing praise to his faichful stewards, and blamo to those who mistook his socret instructions,
Ina free country, or one aspiring to the highest freedom, it is thus indispensable that the general rule should be that each citizen shall have all but the widest scope and o it to make his country’s business his own, and to circulate his opinion on detail of its multi- furious affairs, and on every several officer in change of thom, Yet in the exercise of this imperial faculty ho must needs often touch on delicate . His free handling of reputations may often lead to excess of in- dignation, scorn, contempt, reckless personal abuse, and
fentless malignant hatred. All this paper shot is but the homage paid by the ministors of a free country for the certainty of retaining in the citizens’ own hands their control over their own affairs. And as the vocation of ministers and patriots deserves the same protection, as free apeech requires full play, collisions must occur, and certain limits must often be touched upon and overpussed. ‘Thus the fiercest light of freedom surrounds all that part of the liberty of speech, thought, and reputation, which is shut in by the fear of seditious libels. Voices from the crowd aceompany every mont ieoe step in the government. In the war of words few can hope to
yo without committing some excess. It is thus of the highest importance to try and trace out the bounds where freedom ends and where the firm hand of irresis- tible authority commands absolute silence.—Paterson’s Lib, Pross, 75,
HUGH OF CRITICS OF BOOKS TO RIDICULE THE AUTHORS, Lord Ellenborough, ©. J., said every jon who pub- TIsheo a book cominite hineelf to tho judgmont of the aes and apy one may comment on his performance. ‘the commentator does not step aside from Une wovkot
exercises a fair and legitimate right In one eas an eae migra
inanity of the author; and if, as the author alleged, his book had become unsaleable, and he bad lost a pub Jisher for another forthcoming work of the mmo
this was deemed merely damnum abaque ‘ajuda an unavoidable incident for which no —— No limit can therefore be set to the contempt.
that may be awarded; it is only when the eritic deviates from his own strict function, and seeks, without any reasonable cause, to impute fraud, or iinmorality, oF corruption, or some base motive bordering on crime, that hho becomes amenable to an action of libel—Paterson's Lib, Press, 139,
_—_ THE RIGHT OF PUBLIC MEETING.
‘The very first instance of » modern i Slates ‘wns said to be one held by the electors of Westminster, in Westminster Hall,on August 29,1760, toadopt petition for redress of grievances. The practice of olding such mettings for feeds public grievances scems to have Lvl by the excitement consequent on
ing ox] ‘ilkes from the Honse of oe
where meetings to discuss vances Wore allowed without tho attendance of a magistrate, and that Ancient zenith of its liberty, never allowed
control And the Government of that day came to the conclusion that the right of a petite are oa been abused, and that no meeting should thereafter be allowed, anes ‘it sbould is Seo the lord espe dei?
pehrereat tht aoa ibine sti cte Itwas pointed out in anawer to; mache propos), om the other
i \
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETO. 283
hand, that pablic mootings ought not to be restricted; that they, and they alone, had contribated to put an end to the American War, Moreover, that it was mocking tho understanding and foolings of mankind to tell them thoy were froo out of the Houses of Parliamont, so long as they could not mect for the purpose of expressing their senso of tho public administration of the country, or of the calamities occasioned by a particular war then waged, and so long as any grievance or sentiment could not be declared without a magistrate considering it seditious and subjecting them to penalties. ‘The proposal of the Government was carried out to a largo extent about twenty years Inter. The Six Acts of 1819 were pasied, only a few parts of which still aro in foree, and one of them required, that no meeting of more than fifty
ons should be held without a previous nix days’ notice
a justice of the peace, and forbidding all but inhabit anta of the county or parish to attend. This last enact- ment was, however, limited to five yeurs, and has nob sines been renewed.—Paterson’s Lib, from, 21
DISTURBANCES AT PUBLIC MEETINGS,
If any person insist on speaking, or on speaking too long, at a public meeting, it is always in tho power of the chairman, as the nt of the promoters, who are the logal occapicrs of the room for the timo being, to request such person to desist, or to leave the room ; and if after request such person refuse to leave, then ho may be ejected with just enough of force and no more to ‘overcame his resistance. And if in courte of this pro- cous an assault be committed, the mutual rights of parties to push or resist must be adjusted on the footing that the chairman, as the agent of the promoters, was entitled ab any moment, and without stating any reasons, to request any person present to leave the room, and if that person refuse to leave, he becomes thereafter a trespasser. It is true that even # trespasser cannot be assaulted: he must first be requested to withdraw, and such force as may be necessary to put him ont must then be used, not by way of punishment, but simply and solely to carry out with the least posible Whence
RIGHT OF PUBLIC TO MEET IN PUBLIC PARKS.
The primary object of the royal parks, #0 far as sot Seether toctetia sinc belog tee eeveuenntel ee ee (pase speinpaen aire wenger
to reervation, ms the frechold of these parka, ax well as the control of their possesion and use, ix vested
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC. 285
except after notice given to each, and then only sufficient force and no more must be used to 1 them, In 1356, also, the Crown was advised that the parks were in the same position a8 a private property is, and that the Crown had the same and no greater rights of ux- cladiing: teapadeerss' The Packs Regulaticn' Athy spelled to most of the public parks in and adjacent to London. By that Act no person shall deliver or invite others to ver a public address except in secordance with the rales of the park; and the rules of Hyde Parle define convenient places for public moetings. And any person Violating the rules, and whose name or residence cannot ‘be ascertained by the park keeper, may be summaril, = and changed with the offence,—Paterson’s Lil
——
TIE RIGHT OF PETITIONING,
The right of petitioning the Crown and Parliament, who preside over the springs of action, and so making both fully acquainted with the desired redress, is an essontial part of libevty. It implies mutual confidence and alacrity in the desire to perfect the law, which is tho groat working machine of government, and the efficiency af which ought to bespenk ual interest and vigilance on the of ull alike. It would be singular if in England it had not. been early discovered that this right of petitioning was so valuable that no obstruction to it could be tolerated. At Sei Sos. of progress it must have been a leading desire that tl governed, unless they were accustomed to abject slavery and blind obedience, should ardently seek for every opportunity of reaching tho car of their governors; and though tho same want must bo felt under every gavorn- ment in the world, how much moro so must it bo felt under one which has been the fruit of original con- tract, or which at least, in the best epocha of its history, ‘bears the mark of mutual and intel assent on the part of governors and raed alike—which is based on the accepted axiom, that it is the duty of the one to hear, quite as much as it is the duty of the other to obey. —Paterwon's Lib. Prers, 31.
286 = CURIOSITIES OF KAW AND LAWYERS.
PRACTICE OF BURNING LIBEL
One mode of di of written or printed Libels has apparently been wd by most nations with
ishment of all the therein contait In Queen Anne's the decree of the University af Oxford, in 1683, in, ive was hy the House eee cee ae the of the hangma:
hi mati Palace Yard a rat and the Sheriff of ttend and cause the saine to be burnt
rs When Wilkes’ libel in the North Briton,
No, 45, was brought to the knowledge of the House of Commons, in 1763, the House resolved, that it was false, scandalous, and seditious, and tending to oxcite to Saratby tetisoda oC Sucomases Kangra ts Cheapo
nt is of the common hangman in
Bet wie ie er med torte exocated,
and they burned a petticoat a jack-boots in its stead, and thet blame of this sipeager oe days Since that date neither the legislature nor
peimiuive experiment.—Paterson’s Lib. Press, 229,
MEN SOT MEASUIIS,
Hachinos used to tell » story of the Lacedemonians, that at a mecting when a Tapes Mgt oes caghttn
ior Tore and sj Moaread uae Denied them I that | 1S ye hrestunineventee oe ‘it was about to be
eld and venerable then ith sopratic, and eaid that that there would, be no hope for the city If it employed such a man as that to guide its councila If it
i
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETC. 287
was a wise thing to do, let us have it proposed by a respectable man. He then named a person of credit, though no orator, to propose the matter, which was done, and accepted, and acted upon, and no all trace of the dis- reputable origin obliterated. —Aul. Gell. B, 18,6.3. THE HABEAS CORPUS ACT. ~
‘Tho Habeas Corpus Act is only a natural sequel and development of 8 Charta. No dictator, whether single-handed or hydra-headed, can long breaths the same air with those who have caught the secret of its power. Tt appeals to the first principles of security, and to the Taw of nature, if any such thera be, Tig whole essence is nothing elsa than this. Every human being, who
jarged with or convicted of a known crime, is entitled to personal liberty. If debt requires imprisonment, and a court hag found it due, be it so Bat if ono is imprisoned neither for a known crime nor a debt, a) the gaoler, whoever he be, must instantly state the reason! why, or take the consequences, And if one is imy for treason or felony, he can insist on being tried in the recond term or assizes after commitment, or on being
released.
Tho writ of habeas corpus is an ini | part of tho British constitution, and as was once said, the clearing of such n mattor has redecmod the body of liberty. It has cloared the air for all timo to come, No subject, no government can resist its efficacy. ‘The process of tho court can ponotrato the doopost dungeon, and the most soquest cloister, and the innermost chamber of the most powerful subject. It would be idlo for any ono to dream of baffling it, and with the help of that universal light creatod by a froo prest andan ever ready sympathy against all kinds of oppression between subject Gal ect ject, between subject and government, each citizen foeln ‘as secure as any settled order of society yet known to mankind has ever witnessed. The efficacy of the process ean only be suspended by an Act of Parliament; and #o
itis the reluctance to ask, or the desire to concede ia extreme measure, and create a dictator, that only ons or two instances, and those of ehorts Auration,
Corpus 1679 was passed ; and the longur it exiats, euch occasions seem lean and loss likely to read Paterunee Lib, Subject, 208, 218,
THE PASSING OF THE MADEAS CORPUS AcT IN 1079
Com here it l Bat strong opposition wespoete iin te kolo i vowedly. th measure of the Lord i
weight of the court was exerted against it,
Lonl Norris, being a man subject to vapours, was mot at all times attentive to what he was doing. Soa very {nt lord somilog ir Lard counted him for ten, aa & jest at first; bat seeing Lord Norris had not observed it, he went on with his misreckoning of ten; so it was re)
in the House, and declared they who were the
py ae before the Lord cellor was aware the mi had put 4 motion, * this Bill do pass;" aod that it had boen agreed to as a matter of course after the division." —3 Camp. Chane, 342, STATOTES WRITTEN IN EXGLIBI LANGUAGE.
It isromarkablo that the statute of 1 Richard IIL ©. 1, is the first statute in the Eaglish language, the statutes
SOVEREIGN, GOVERNMENT, PARLIAMENT, BTC. 289
danas having been all in Latin or French, and it was
"* nets for all statutes afterwards are in
ja curious that in ie reiga, which we
ag with so much horror, not calmer laws given
to the people of England for the first time since the
‘Conquest, in their own lang) but Acts of Parliament:
were for the first time printed—l Macpherson’s Annals of Commerce, 704,
WHAT 1 EVADING AX ACT OF PARLIAMENT?
Lord Chancellor Cranworth exposed much nonsense So aaeaarpeag en the legislature. He said, “I inderstood what is meant by an evasion of an ‘et of "Parliament Either you are within tho Act of or you arenot within the Act of Parliament, ir a are not within it, you havea right to avoid it— ‘ont of the prohibition. If you are withi sy
thon tho course is cluar, And I do not thi ataataans not to be within it because the very
words have not boon violated. Hence, Lord Beauchamp's legacy to his trustees to expend £60,000 on almshonses, if any one would present
® site, was held to be no evasion of the Mortmain Act, which only forbids s ecprhatrcenss cbr rs
in purchasing lands seed Bencehacy neither by a legery as asprkant
THE SHORTEST STATUTE.
Lord Coke says, the shortest Act of Parliament he gle shel Lie Wee te nened Sn TAA E He TV Nas from henceforth shall use to reultiply gold or silver, or use the craft of multiplications, any do the same, ho shall incur the pain of felony.”
CONFUSING STATUTES
Jadge Clayton was sent from England to Ireland to be a judgo, and was a matter of fact man, though lawyer. One. aay dining with some are tly Trish contnsellors, he said to, counsellor Harwood re BR and confidential way, “In my eoantry tho es we
290 = cuntosiTies or Law AND Lawrens.
nuinerous, but thon one is always a key to the other, | In Treland it is just the contrary: your laws so por- petually clash with one another, and are #0 very con- tradictory, that I Idon't understand them.” “True, my lend said Harwood, “that is what we all say! was too much laughter after this among the wits,
STRUGGLING AGALNST HARSH STATUTES.
Tn tho timo of Lord Mansfield o ity was incurred
HE A tte erie lobrated mass. Lord fanafield, on the trial of an action for this penalty,
a
‘eat, you are not to infer that, because he
of “not guilty,” which mang Protestants were mach at Teed" Carapbel thought Lord Manstield's
ified, when it had been proved that the defe in @ stabblo field with a pointer, fired bis gun ata covey of partridges,and shot two of thom, obj that there was no evidence that the gun was led» with shot; and advised tho jary to conclude that the birds fell down doad with fright!”—2 Camp. Ch. JJ.'s,616.
ACT OF PARLIAMENT PASSED IN THREE DAYS,
One night, in 1779, at twenty minutes past twelve o'clock, as tho House of Commons was about to adjoarn, the Attorney-General, Wedderbarn, rose in his place and, without any previous notice, moved “for leave to
di into tho navy, togothor with tho right of thoso | taieas out S wrik of habeas edrjeee Re Uheir beaten
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETO. 291
‘This in truth was to authoring the government by a conscription to man the navy with any portion of tho inhabitants of Great Britain at their discretion. At ane clock the Bill was brought in and read a first and socond time. The following day it was sent to the Lords, and on the third day it reesived the royal assent.
DISCRETION CANNOT BE GIVEN EY ACT OF PARLIAMENT,
Serjeant Sayer went the circuit for some judge who was prevented by indisposition going in his turn, Ho was afterwards fp Bese tenes to move, ns counsel, Poss ot Me miclonsing. Sboijery os by himself, on_ the
jis misdirecting the jury ax a ju Lord ffmsGald aids" Brathet Sayer, there meee Pessoa whieh, in such a matter us wus before you, wwe you discretion to act as you thought righ” No, oy Jord," said the Serjeant, “that is just it; Ihave no discretion in the matter.” “Very true, you may be quite right as to that" said Lord Manafield, “ for aha an Act of Parliament could not give a ion
ACTS OF PARLIAMENT AND THEIR CRUDITIES.
Tn tho reign of George ILT. a Bill was introduced into the House of Commons for the improvement of the Metropolitan Watch. In this Bill there was originally a clause by which it was enacted that the watchmen should be compelled to sleep during the day. When this clause was read in committes, a gouty old baronet stood up, and expressed bis wish, that it should be made to extend to members of the House of Commons; aa
had, for many nights, to his great discomfort,
leatroyed his sleep, he should be glad to como under the operation of that onactment. In a certain other statate, the inishment of fourteen years’ transportation was imp for a Penote offence, “and that upon lett 9 one-half thoreof should go to the King, and one-half to the informer!" It is not difficult to surmino how this mistake arose. ‘The punishment, as originally
~ inserted in the Bill, was a fing, for which traneyoraion
STATOTE
‘Adolphus, the criminal lawyer, said he one day, in 1840, rant the Hecbouer Chanter and am, forthe Bs tine, jadgen sittin to; hear
This’ waa the enzo of Frost and the other rebela af Mocancenh/e Ths pelt: wen cwbetlier the, copy, of the lovllctiment. and the Het of witnemes and jorera. having ost delivered at a distance of ive days fircen each ethan, although both within the period given by the statate,
aire le eepretie prepaid oe time to have egpaon Bp this opening th the
to out of on pu « Frost, 2 Kiedy GovaGeey i
A SCOTCH JUDOE ON TIE RPFECT OF STATUTES.
Lord Hermand, a Seoteh judge, was very apt to aay, “M. I feel law: My Laarde I feel my law —her, my Laards
SOVEREIGN, GOVERNMENT, PARLIAMENT, ETO, 293
Legislature had made it law, by saying, in his snorting contemptuous way, and with an emphasis on every syllable, “But then we're told, that there’s a statut’ against all this. A statut’! What's a statut’? Words! mere words! And am I to be tied down by words? No, my Laards; I go by the law of right reason.” —Cockburn’s Mem, 187.
204 CURIOSITIES OF LAW AND LAWYEnS..
CHAPTER VII.
ABOUT PUNISHMENTS, PRISONERS, AND JUSTICES OF THE PEACE.
COUNSEL NECESSARY FOR ALL PRISONERS.
When Mr, Antony Ashley Coo) (afterwards Earl of Shaftesbury) wan iB resets in Parliament
prisoners e ty it, and had a in their behalf; Sri eves apres date it te (ie Eeaarae he was £0 intimidated that he lost all memory, and was quite unable to proceed The House, after gt him a little time to recover from his confusion, loudly for him to go on, when he proceeded to this effect: “If I, Sir," addressing the Speaker, “who rise only to give my opinion on the Bill now depending am #0 confounded that I am unable to express the least of what I proposed to say, what mast be the condition of that inan who, without any assistance, is pleading for his lifo, and is in apprehension of being deprived of it”
PROTECTION OF PRISONERS ON TRIAL
Chief Justice Holt causod s great improvement in the law protecting prisoners, by putting dawn tho current He said, ~ Hold t
foldt what ore Are you
i bw De ron
issaes are to be raised to perplex me and the t Aa. away! that ought not to tate oobi veatter,
ABOUT PUKISHMENTS, PRISONERS, ETC. 205
The same Judge put down the revolting practice of trying prisoners in fatter, On seving one at the bar, he said, "1 should like to know why: pag Reo is brought in ironed. If fottera wore necessary for his safe custody before, there is no. pape escape or rescue here, Let ‘thom be instantly knocked off. When prisoners aro tried they should stand at their enso,”
A PRISONER INVOKING CURSES ON HIMSELF,
A. prisoner was tried before Justice Maule for a serious offence, and after the jury had returned a verdict of guilty, which made a great sensation in court, tho prisoner exclaimed under great excitement, “ May God strike mo doad! my lord, if Idid it." Tho court and after 80 clear a case of guilt, were shocked at this impiety. The judge looked grave, and paured an unusually long time before he said a word. At Inst, amid breathless silence, he began: “As Providence has not seen fit to interpove in your case, it now becomes my duty to pro- nounce upon you the sentence of the law,” ete, etc.
COUNSEL SWEARING ON ADDRESSING THE JURY,
James Allan Park, a counsel who had the character of being very sanctimonious, having ina trampery cause affected great solewmity, and said several times in addreas- ing the jury, “I call Heaven to witness,” “As God is my Judge,” ete; ot last, Lord Ellenborough burst out, “Sir, I cannot allow the law to be thus violated in open court; Imust proceed to fine you for profane swearing five shillings an oath.” The learned counsel, whose risibility was always excited by the jokes of a Chiof Justice, is said to have joined in the langh created by this pleasantry,
THR SWRARIXG CHANORLLON,
Lord Chancellor Thurlow was « man of great abili but unscrupulous im pushing his own fortunes. maintained his ascendoncy chieily by a pair of enormous black eyebrows fixed on a very solemn east, of counto- nance, by his voice, which was like that of O\gwyan
Hi
23426
PRISONER RELATED TO JUDGE.
Deca before
Seal, Sir Nicholas sentence on a thief convicted
the Northorn Cireait as
tbe Great
Gisizes
i
5-3
3]
Be B
SEE ee | GH Fi Eni H i Hf 5 Tar La Ely Pedbuni il EVEDUGiaTrE, 2938 F ag: ae Wu £ 5 Peis fap deily fan abl vie : gk Figesie 2 2
lad: eu
Pen in
AROUT PUNISHMENTS, FRISONERS, RTO. 207
in republican horrors. I heard him, in condemning tailor to death for murdering a soldier stabbing im, agyravate the offence thus * And not only did 4 murder him, whereby ho was bereaved of his life, but you did thrust, or push, or pierce, or project, or propell, the SS oe rapes: ee we hie, Mae A hia regimental breeches, were his jesty’s 1'"— Cockburn’s Mem,, 122. a
JUDGE SUMMING UP AGAINST A WELL-DRESSED PRISONER,
When Savage the poet was indicted for murdering # companion in a midnight brawl, the judge was Justice Page, who was considered very insolend and severe, Savage used to tell the story, ‘iat this judge during his hey ted ie ction ftp as to te the inat the mor by tl nent harangue :
Sadieion of the aS at to aoa that Mr, Savage is a very it man, a much than you or I, gentlemen of the j jury;
fine clothes, much finor clothes than you or I,
tlemen of tho jury; that ho has ‘abundance of money
in his pocket, much more money than you or T, gentlemen
aoe the ji lo Jury + but, gentlemen of the j jury, tei is it not a os
ntlemen of the jury, that Mr.
aie! you or sa A Ny mace ot hj Sirng
was found guilty for execution, but afterwi
through a Cienclings friend, obtained the King’s pardon,
Savage revenged himvelf ‘by lampoouing the judge as “of heart impure and impotent of hond 1" cia, ete.
KANGED THOVGM HE HAD £200,
Mr. Selwin, who had stood for the office of Chamber- Jain of London but lost the election, told this atory. “I was once requested by # man under sentence of death in Newgate to come and gee him in his coll, and, in puro humanity, 1 Tmade him a visit. Tho man briefly informed me that ho bad been convicted of felony, and dai
clas tho warrant of his execution, “But,” said he, “I have £200, and you aro aman of character, and had tho. court interest when you stood for Chamberlain, Lanoutt
holp him, and bade him farewell means after all to eseape punishment.
THE POXISIMENT OF SCOLDE,
wlogaigd Sard attack — Spates at any one point, it abuse ui) al leaped on & person, which neither singly ts collectively amount to sn actionable wrong, this ix called more properly railing orseolding than slandering. It is a species of indeter-
slander, carvied on with mechanical vebemence,
In one case, in 1705, the scold, after conviction, wanted to her writ of error in person, and Holt, ©, J., wa ther’ time’ to do so, for be added, that.“ ee Socking Wood 'rathes arden then ours. bar, and if
swere ance ducked she would scold on nll the days of her life." Sho afterwards succeeded in setting aside the
i alte einen weed ts ne te mont soon afterwards was expressed in English, the same error was thus not likely
ABOUT PUNISHMENTS, PRISONERS, ETC. 299
to neighbours," Scolding of this last kind ix thus indictable as a nuisance, but not actionable like a slandor.—Puterson’s Lib, Press, 147.
A MILITARY LOOKING PERSON UNAM TO PAY A FINE.
Lord Mansfield had tried a man for an assault, and on his being convicted, and afterwards brought up for judg- ment, an affidavit was produced in mit ho Tatod that he was wholly unable to pay any pecuniary fine. ‘The case was such that the court thought imprisonment an unsuitable punishment. 'The prisoner stood proudly erect, having a vory large pair of whiskers and moustachos, of which ho sccmod to be expecially proud, and of which he used to boast, This boing mentioned to Mr. Dunning, the counsel for the prosecution, he suggested to the court that, “as the prisoner had very fine moustachios and whiskers, perhaps his lordship would take the punishment out of these, aay ase him at once to be slaved #"
PUBLIC PETITION IN FAVOUR OF GoNyICT.
A blacksmith of a village in Spain murdered a man, and was condemned to be hanged. The chief peasants of the eee joined together and begged the Alcalde that the Blacksmith might not suffer, because he was ne: to the place, which could not do without a blacksmith to shoe horses, mend wheels, and such offices But the Alcalde said, "How then can I carry out the law?” A labourer answered, “ Sir, there are two weavers in the village, and for #0 small a place ono is enough; you may
hang the other,”
MsTHODS OF DISCOVERING WHO WAS THE CRIMINAL
The French police were unable, in 1780, to discover who were the perpetrators of an extraordinary robbery at Lyons, and having exhausted every means of discovery, at length resorted to the expedient of sending one of tl
18 to the Bicetre, disguised as a prisoner to undergo &
sentence, While in the company of all the thioves, ho
formed his part very well, and interested his audience [i the narrative of the exploit of the rolibery, am GLI
300 = CURIOSITIES OF LAW AND LAWYERS.
clever details, The assembly of connoisseurs were enchanted with tee in the exuberance of
cluo st once to the see plage being
md to Taye been the leador of the gang. = Voltaire he knew in London named Bevis a See mnagel og factory ab Bartins
thief, all the slaves together, and ssid this: “ ds, the serpent al to me in the tal jeter are gr the person who fathers money, should at moment have a
theft, and gave up the monoy. Voltaire adds that tricks like these would not su twice, except with negroes.
A joweller went toa al waicar diamonds and eat and esompanied
treasure to be dis; of by the legal authority of the Tho slave vac Fa ae to sot himself up as the son of the jeweller. The true heir ented this, aoa the dispute went om, the judge having no means of deciding it, At last be directed the two: claimants Should stand behind a curtain, and afterstating eee ome his head outside, po yreages would then cut head of the one who proved to the slave, The officer stood with a drawn scimitar, watching both, and ready to Cob ei siygoal, ‘Sudden! the ju called out: * Eni ssf aid! strike off the eaepepeaea ead.” The i Din gra wea} being Ohare Te fad, while a ge nad we
ier true heir, amd Tae wet alton fee nasi Oecd te tee
ABOUT PUNISHMENTS, TRISONERS, eC, 301
A LITIGANT'S WITNESSES UEING ALI. DEAD,
Voltaire reports the following caso in an Eastern court, A client had lent 500 ounces of silver to a Jew, before two witnesses, But both witnesses being dead, he saw immense difficulty in proving his caso. Zadig having ascertained that the silver was lent on a large stone near Mount Orob, ee to plead the case, addressed the judge: “ My lord, it is true that both the witnesses Ba aad, cll what your labia te eaket os ori direct that the large stone on which the silver was weighed shall be brought before the court. The Hebrew and I will, stay until it arrives, and I will send for it wt my client's expense.” The judge consented and took some other cases to go on with, and near the rising of the court the judge asked Zadig if the stone had arrived. ‘Tho Jow then impatiently interrupted: “Oh, your lord- ship will wait long enough for that ; it is six miles off,
it will take fifteen persona to remove it.” Zadig then retorted; “Now, my lord, the stone, as I said, is of » truth a witness, and this Jew cannot deny the debt any "The judge was convinced that it was so, and ordered the Jaw to be chained to the stone till he paid the debt; and the latter, being disconcerted by his inad- vertent admiasion, at onee confessed the whole trath, and paid the debt,
PATCH, THE LEET-HANDED MURDERER.
When Patch was charged with murder, his solicitor carefully examined tho promigca and situation, and came to the conclusion that the murderer must have been a left- handed man. The solicitor informed Serjeant Bost, in consultation, that he had noticed Pateb, when taling bis dinner, using his knife with the left hand. In a con- ference before the trial, the serjeant pressed the prizoner to say whother he was not left-handed, but he protested he was not, Whon the prisoner was arraigned at the baron tho day of trial, and. waa called-on to. plead, he answorod, “not guilty,” and at ones, of course uncon- sciously, held up his left hand,
CURIOSITIES OF LAW AND LAWYERS.
8
MURDER WILL OUT.
starved his child to death. This led to proseesti0g, ial Find was (Hcl tad found gull of the murder his child, whieh had been coammit thirty!
AVTER BEING HANGKD COMIXG ROUND.
In 1725, ‘Diekson, a married woman, was at Edint ce murder, and was foand guilty and
x8
Fa
‘
f
i
: AE
native place to be men In art ata public house.on the road, and, ‘thoy had refroshod thomsolves, were about to resume
‘when they saw the coli moving, which
Seer bar acai” Uoe tad meee at tale
tricover ihe coffin aad take her vol, win ‘she to bed, and next morning she was ablo to
LPe
—
i
i
a
R.
bat he iit bey TEhES &
THE ETIQUETTE OF THE SCAFFOLD. Jobn Ketch nd succeeded to the office of executioner
for the City of London, and became so noted that his name for = century and a half afterwards became an official
ABOUT PUNISHMENTS, PRISONERS, ETO. 803
man were taken to Tyburn on the same cart up Holborn Hill. The highwayman stid to the sweep, “Stand off, fellow;” the latter retorted, “ Stand off yourself, Mr. High- wayman ; I have as good right to be here as you have.”
VIVISECTION AND DISSECTING BODIES OF CRIMENATS.
‘The practice of dissecting bodies of dew] convicts was once thought capable of being extended to the ee bodies, as subjects for vivisection or experiment, It said Maupertuis suggested that criminals, whose lives wore forfeited, should be subjected to modical experiments for the benefit of science, Probably that notion once haunted the minds of legislators in England. It seoms once, at least, to have occurred to the government of this country, that it might be useful to try experiments on the bodies of condemned criminals, and reserve them for that purpose, so as to extort some value to their kind, and @ return for all the trouble they had caused to their follow creatures; a return they were unwilling and unlikely to offer voluntarily. In 1721, the crown asked the opinion of the law officers, whether the lives of such mon might not be spared, on condition of thcir submitting to experiments for inoculation with smallpox, Raymond, C.J,,and Hardwicke, L.C, then law officers, went the length of advising his Majesty, that as the lives were in his power, he could grant a pardon to them on any lawful condition, and they thought this was a lawful condition, Yet this opinion was without any appa- rent authority, and revolting to common sense, At ‘no period, even of the most slavish ascendency of the feudal law, waa it ever assumed or contended that the bodies of men, dead or alive, criminal or non-criminal, belonged to the and Coke expressly lays this down. If the champions of liberty had, a century before, cleared the air by vindicating the doctrine that tho King could not by word or writing imprison any man's body, oven ei an nee me much bie pared na order him to
the pu ul ing tho experiments
Eearierean) el iectarteg aut say talike nian
et Ifthe time shall ever come when tho bodies of convicts muy be utilized for science in thin way \s
304 = CURIOSITIES OF LAW AND LAWYERS,
legislator in Partiawent first to then to such a law; and it will bo time enough consider it, when it shall be submitted as a practical proposition —I Paterson's Lib. Subject, 299,
‘VIVISECTION OF CONDEMNED CRIMINALS,
In France, in 1776, 0 alave condemned to death was promised life and liberty if he would allow himself
was made, with which and the King’s pardon in his pocket, he set forth for Paris next day.
A PRISONER WHO REASONED TOO WELL AT TK TREE,
1n.1738, George Manley waa exeented at Wicklow for Seieiee esd Led tan wcenapeca *
Curtius, w! iohse pore tho gulf to save his from destruction. W
me I am courageous, You'll my I have killed » man,
countrics ; they were great men. I
ABOUT PUNISHMENTS, PRISONERS, RTC. 305
ran in debt with the alo-wife, I must be han; How aay men were lost in Tals and upon the: ) during the last war for settling a King in Poland? Both sides could not be in the right! They are great men; bat I killed a solitary man—I'm a little fellow. What is the difference between running in a poor man’s debt, and by the power of gold or any other privilege preventing him obtaining his right, and clapping a pistol to a man’s breast and taking trom him his purse? Yet the ono shall thereby obtain a coach, and honours, and titles ; the other, what?—a cart and a rope, Don' ‘ine from all this that Tam hardened. T acknowl the just oe Sorat of God has overtaken me. My omer
nows that murder was far from my heart, and what I did was through rage and passion, being provoked by the deceased, ‘Take warning, my comrades; think what would I now give that I had lived another life!"
THE MAID AND THE MAGPIE THIEVES
The danger of circumstantial evidence is illustrated by the French trial of a maidservant for robbery of some forks, {vom a citizen of Paris At the trial the circum stances were so strong against her that sho was found
jlty, and was executed. Six months afterwards the forka were found under an old roof, behind a heap of tiles, whore a magpie used to go. When it was discovered that the innocent gt had been unjustly condemned, an annual mass was founded at St. John-on-Grese, for the repose of her soul.
TRE PILIORY AS A PUNISHMENT,
No punishment seoms to have been more thoroughly ee admired, and maintained amoog mankind as 6 perfection of reason than the pillory; and from the universality of ite eat throughout the world, its ingenious varioties, and constant and uniform tendency, it approaches a3 near as possible to a law of nature, order to attract the groatost contempt in the most public
and icuous: an offender, to rivet the Of the'rabble Tupoe Liss add to expose bi Leljlanky their derision, their ikieks and’ ents, few Tanta
|
306 = CURIOSITIES OF LAW AND LAWYERS,
rude as thisin structure bave done so much rough work in their time. And yet modern civilisation utterly recoils
& combination of planks put eo as to inclose the bead feet and hands of tho prisoner in a fixed position, so as to be exposed to pablic gaze, and to attract
|. In China and other countries a portable pillory or enge, called tho cangue, was used, mado ta carry for a prescribed poriod and distance cach tay, and to aie in at night, and so close fitted that the hand could not
hal ot ceatiog etd prices ts Uae peta
it ling state pri to this Y
Tr 1770, it was ‘noticed that Wilkes, as’ © couvieled
which was laren a advantage of, to throw filth
quent use of the pillory. Burke had condemned it Vofore that date. In 1812, Lont Ellenborough senteneod a ere to eighteen months’ imprisonwent, and to
in it once within each month botween twelve and —
Zot Costane, who had boen convicted of & onwpiruey
directed, that, where the pillory then stood of parser Ene or imprisonment might te mabetltated
ABOUT PUNISHMENTS, PRIgoNEns, BIG. S07
for it by the judge. But in 1837 it was utterly abolished a8 4 punishment for any offence, and it is aaid that it had Been already abolished in Franco, in 1832—2 Paterson's Lib. Subject, 251.
‘THE PILLORY DEFENDED BY THURLOW.
Pra in be manner which ence be aes orney-Coneral, dy ow that. the t, Horne Tooke, Sua vaitust clergyman of the Cos Seay a Ciena and a gentleman, 1 tot in tho-pillory, Speaking in aggravation nishment, after Rieetiee hat any fine would be ‘by @ soditious subscription, and that imprisonmant would be “a slight ineonvi ice to one of sedentary habits,” he thus procooded, ilory, my lords, is tho appropriate punishment for this species of offence, an has been so thoso two hundred years, not only while such Prosecutions were rank in the Star Chamber, but since the Star Chamber was abolished, and in the best times sine the Revolution, Tutchins was set in the pillory Chief Justice Holt, That libeller, to be sure, com= ined of being subjected to the punishment which he said ought to bo reserved for fraudulent bakers. He conceived that the falsifying of weights and measures ‘wis a more mechanical employment than the forging of lies, and that it was Jess gentleman-like to rob men of their money than of their good name, But this is a uliarity which belongs to the little vanity which inspires an author, and it made no impression upon Sir Jolin Holt, whose ‘name will live with honour as long as the English constitution. Goverament cannot exist unless, when offences of this magnitude are presented to a court of justice, the full measure of punishment is inflicted upon them, Let us preserve the restraint against licontiousness, provided by the wisdom of past
308 = CURIOSITIES OF LAW AxD LAWYEES.
eeey fa , explained as follows: “This Pee ee ee
tho pillory beside me, when they must look to the comse= quences. What these might have been in the then ex~ cited state of the public mind, as regurded my treatment, the reader may gucas.”
AN ASTUTE WOMAN ON THE PILLORY.
Mrs Beare, in 1752, was convicted of inciting to poison ker hushand, also of child-munder ; onlered, us part of the punishment, to stand in’ the
j f i Ego Fes ne Me B reeeties
i vbr FP u
& i & 2 & E aa
a. As soon as she was fixed, such showers
pis, polators, etc, were thrown, that it was ex
that she would not be taken down alive. Sho a
great deal of Mood, whic, ranning down appeased tboir fury. Thos who saw ber
wands in the gaol ssid sho was such an object as was not
fit to be looked on.—Gent, Mag.
:
ABOUT PUNISHMENTS, PRISONERS, Ec. 309
was fined £3,000; and for writing an abusive Iottor to an carl, the defendant was fined £5,000, besides being ordered to acknowl on his knees his offence to the sre lp the lords of the court. And Sir. W. Williams, Speaker of the House of Commons, was, in 1685, for
blishing Dangerficld's Narrative by order of the Houso, Rned £10,000 by the Court of Queen's Bench,
‘As to corporal punishment, the pillory was apparently deemed the ete punishment, or part of it, and was part of the common law punishment, nnd’ long practised. And in.1789 the publisher of the J'imes was ordered, for libels on two royal dukes, to stand in the
il at Charing Cross. But it was before that time an ble mode of punishment. When Williaa, the printer of the North Briton, No. 45, was sentenced and put in the pillory, the mob greeted him with acclama- tions, and raixed £200 for him on the spot. In 1791, Macdonald, A. G., told the House of Commons, that thore iad been in the receding thirty-one years, seventy pro- sections for libel, of which fifty were convictions, and in five cases pillory had been added to imprisonment, ithe ualstanenkof pillory was, however, wholly abolished
1si6,
tis not unusual to suppose, that thore is no limit to the discretion of the court as to the extent of the punishment, whathor in the amount of the fine, or the | the imprisonment, which may be imposod for libel, such boing what is called the punishment at common law. It is trne, that in the caso of defamatory libels, there is now ‘an extreme limit to imprisonment, but not aa to seditious or blasphemous libels—Paterson’s Lib. Press, 225.
A PRISONER HELPING HIS COUNSEL,
‘A prisoner of seventeen, in a Scotch court, was charged with picking a gentleman's pocket. The witnesses for the prosecution gave their evidence, and the prosecuting counsel commented on it, and clearly domonatrated the prisoncr’s guilt, To all this the prisoner listened with
indifference, tut when the counsel who defended im stood up to address the jury, the prisoner leaned forward with the greatest interest. Hin cansor Oo
A
the money found to hide counsel Teas his ecxtiasl was uctenlly walling SF meant
z 2
to an inside JUDGE FAVOURING A DRUNKEN PRISONER.
assistance, a loss, exclaimed: "I put it in here, sir!" point pocket.
&
awhole bottle God! my Laards, if he will do this when he's drank, what will be not do when he's sober?"—Cockbarn'’s Mem., 140.
AN IRISH PRISONER ASKED IF 1% WAS GUILTY,
An Irish prisonor was charged with an offence, and as tval, ras asked : “ Are you guilty or not guilty 1” Pat replied : “Ab, sure now, isn’t it the jury that's put there for to find that out?”
INEQUALITY IN DISCRETIONARY PONISIDLENTS. ‘The wide margin allowed to tho discretion of judges in Leen oer ‘offences was forcibly illustrated by two casca ab Dogitning of this century. Two men were
ABOUT PUNISHMENTS, PHISONEnS, ETC. 9311
detected stealing fowls in Suffolk. One of them was apprehended on the spot, and tried and convicted before Justice Buller, who, thinking the crime of no prea mag.
ide, sentenced the prisoner to three months’ imprison~ ment. Tho other man was afterwards apprehended, and convicted also of the offence before Justice Gould, at the next following aasizes, when ho, ontortaining a different estimate of the offence, sentenced the unfortunate man to seven yoara' transportation, It so happened that tho firat man was just leaving prison, after completing bis service there, as the other was setting out for Botany Bay to commence his,
HANGED THAT HORSES MAY NOT BE STOLEN,
A man was convicted of horse-stenling, and being asked what ho had to say why sontonee of death should not be passed upon him, answered, that it was hard to hang a man for only stoaling a horse, Justice Burndt thereupon
«said, Man, thou art not hanged only for stealing a horse, but that horses may not be stolen.” This was at the time thought by many to be a wise reason for all penal statutes But Benjamin Franklin says the man’s anawer, if candidly examined, was reasonable, as being founded on theetarnal principle of justice and equity, that punishmenta should be proportioned to offences ; and that the judge's Ponly wes bratal ad taceamcmbble, OR Branklis Wieleya:
A CONDEMNED PRISONER AND TUR AUNT,
Tn 1699, all the talk of the town was about # tragical ia of gallantry at Newgate. A bastard son of Sir Norton was under sentence of death, for killing a dancing mastor in the street. It being signified to the young man that he was to die the nextday, bis aunt, who wns sister to his mother, brought two dosos of opium, and thoy took it between thom, The ordinary came soon atter to perform his functions, and found them both strange. Thoaunt frankly declared she could not survive her nephew, her life being wrapt up in his; and bo doalarell thas tho Jaw buving pat a period. to bia ifs, bo thought it no offence to choose the way he would go out * ofthe world. The keeper sent for his Ras
312 —s CURIOSITIES OF LAW AND LAWYERS.
two vomita The man refused to take it ull threatened to force it down by instraments, He told them since he hoped the business was bo would make himself and them easy, and swallowed the potion, ami his aunt did the like The remedy worked on her, and set ber # vorniting, but had no effect on Mr, Norton, ree ene meng eee, al a ext morning. He was fully resolved on the business, for he had likewise a changed pistol hid in the room, ‘The aunt was carried wa house, and watched, say she is like to recover ; if she does, it will be hard if she suffer for such a transport of affoction !
‘THE MOB SHOUTING FOR JOY AT A VERDICT.
Tn 1796, whon Stone was tried for high treason, in sending intelligence to the enemy, at the time the French were Kage 4 tog the invasion of Ireland, Mr. Erskine was for the Crown, and Serjeant Adair for the defendant.
seid ereanys when an instantaneous and unani- mous
tothe court, by saying that his feelings on the joyful eccasion were such, that if he had not given utterance to
which arose within his breast, he should have died on the spot. Lord Kenyon replied that it was his duty to suppress the emotions of such tumultuous joy, whi drew araterpt om he dignity of the cork He then ordered Mr. to pay a fine of £20, and to remain in custody till payment, ‘Thomson at once tendered his cheque forthe sum, but this was refused, and he was taken into custody. The crowd without caught the spirit of those within, and the hall, as the judges retired, was filled with acclamations of joy.
FLEA OF INSANITY,
Tho Duke of Sussex told Mr. Adolphus, the criminal Jawyer, a 0 curious anecdote, that when Earl Ferrara
ABOUT PUNISHMENTS, PRISONERS, ETC. 313
‘had boen convicted of murder, great efforts were mado to obtain a pardon, on the ground that he was insane. His mother Teng see to, and requested to write a strong Jetter on the subject, answered, “ Well, but if I do, how am I to marry off my daughters?”
A PRISONER SAVED BY THR FINGER OF PROVIDENCE
A man was tried on the Oxford Circuit by Mr. Tustice Allan Park, for stealing faggots, and was defended by Charles: Phillips, Tho cutor awors to the identity of the faggots, Tho sues, who had o habitof thinking aloud, muttered to himself, “ Faggots! faggots ! faggots are as like as two Pas Fortunately, tho prisoner's counsel lieard this, and, in his address to the jury, com- mented with great vigour on tho absuniity of any man attempting to swear to the identity of faggots, Ho said, “Why, w nt is thero in faggots, gentlemen ? Faggots!
why faggots arens like astwo egas!" The judge, sda rhaaiing? this, suddenly called oat. Stop! “ae men, you must acquit this prisoner, Thore is a visiblo interposition of Divine Providence here to save an inno- cent man from unmerited punishment, I think it right to mention to you, gentlemen, this extraordinary cireuma- stance. When I heard the prosecutor swear so unhesi- tatingly to the identity of these faggots, thers passed through my mind the very identical observation juat made by my very learned and much respected friend, ‘Mr. Phillips: What he has just said at ones occurred to me: ‘Faggots! faggota! they are as like as two egge” Gentlemen, L cannot but think that the finger of Provi- dence has pointed out to us both the right view of this singular case. Your obvious duty is to acquit this un- fortunate man at the bar.”
Mr, Richards, the prosecuting counsel, upon this, with some excitement, sprung to hia feet, and knowing the indes habit of muttering his thoughts, and having him- selfhoard all that, passed,was about to romonstrate against this interference with ot fe But tho judgo at once
him: “ Now, my deat Mr, Richards, pray don’t interfere with me. I know what you are going to wy.
You know your own poor dear old father was a \adgs |
314s cuntosiTiES oF LAW AND LAWYENS.
himself, and knew how to estimate these things” Mr, or yor gps ney ae ye hes and he beard with composure the foreman wy, * Not guilty.”
OLE reillladleatice
jatee ‘ih tigprams he sighs foe rick
‘on see as how I's int ib failed ad sas king my tee anys rrr do, when up comes this here res says ho, 53 ‘ you
Now my | =a to >" in
called a owmelli sage ihebe haseight falaty, for quarrelsome man
was found guilty, and the fact was that rhe mover, and had been plete Se Tae Nicienin sa bed. sisi) Acie ie Bros Eieiewes sectenve isa Rretionn: years Lega
be made an attempt on his own Tite on on favs Geaock, which, however, was unsuecessfal
ABOUT PUNISHMENTS, PRISOXERS, Etc. 315
SUICIDE, NOW FAR A CRIME IN ENGLAND,
Tt acoms fo have been a doctrine of common law at an early date, that murder included suicide, and that the Intter act was ipso facto a felony. Hence, forfeiture of
and chattels was @ legal consequence of the act, and as the suicide was his own executioner, the forfeiture accrued on the act, since conviction waz rendered impos- sible. But though trial was ppesetet, an inquisition by the coroner was held on the body. And yet this doctrine, that murder included suicide, tends to incon- renee Sores be logically acted on. re ig solf- jent, however, jife 18 not @ species o} Ly, and that the law conld never alin plsldar onde plea, that one is thereby only destroying at pleasure what is one’s own. It is in overy view a wrongful act, ‘or at least, one without logal oxeuse. Honce, when one person asks another to kill him, the law views it as nothing less than a murder, for one had no right to give such a command, and the other ought to have known the same, and ought not to have upon it, In such an event, ho that is killod is deemed no suicide, but the killer ia deemed a murderer,
Again, two porsons sometimes agroe to kill cach other, and one may in the result be killed, and the other not, In this event, it may become necessary to ascertain in what position they stand, for it may often be difficult to decide whether one who is killed under such cireum~ stances commits suicide, or is murdered by his eon- federnte. ‘This question will mainly turn on whether the person kil by his own hand and contrivance contributed in m material degree to his own death, or whether the material part was contributed. by his partner. Kach is considered the murderer of the other, and if the purposs is only partly executed, this is the footing on which the mutual guilt is judged—1 Pater. son's Lib. Subject, 399.
A DEAF JUDGE FINING A SAUCY PRISONER.
Sir John Henderson, of Fordell, a zealous Whig, hal Jong nauseated tho Scotch civil court by nae
316 CUNIOSITIRG OF LAW AND LAWYERS.
5 F
politics Their of the bench had onee the amount of some penalty that
= gE
A [ = EN ae Es ie titre bib Es
es 52.
i
HI F g
Z
g g
fits ta ye ii init
E
simpell; I was only sayi that in my ha: any i na ber tod ae pounds ingg "—this sum being roared
il sige volde could teense dk-=Ciaues
Ez. iF E
i
SHITTING UF THE DEVENCE OF SOMNAMBULISM YOR A CRIMEXAL,
house where the deceased was at nine o'clock at night. There was no evidence when he left; bot next about four o'clock, some one was awoke by 8 heavy as of ‘one falling, and half-an-bour afterwards a porson Was heard to leave the hous. A groan was also heard, and soon 8 cry of ‘fire” from one of the inmates. The fireman
was burned. Part of the prisoner's apparel way bed) pti dae About five 4.2 of the same m ‘Tirroll called at a stable, with a wild appearanos, saying he wanted a conveyance as he hac got into trouble, and somebody had come into his room and tried to munier him,
AVOUT PUNISHMENTS, PRISONERS, ETC. S17
There was strong prejudice against Tirrell; but there boing good evidences Ay of bulism all Choate made a powerful defen ing difficult task, concluding thus: “ Under the tron law of ‘old Rome, it was the custom to bestow a civic wreath on him who saved the life'ofa citizen, Do your duty this day, gentlemen, and you too may desorye the civic crown.” ‘The jury, after two hours’ deliberation, gave a verdict ‘of “not guilty.” Té.appeared from subsequent facts that the verdict was considered right,
A SENTENCE FOR BIGAMY.
Justice Maule, who was a master of irony, pronouneed sentence for bigamy in a case at Warwick, which was tried before the diyoree law wits altered, The sentence was us follows: “ Prisoner, Pb have been convicted upon the clearest evidence of the crime of intermarrying with another woman, your lawful wife being still alive. You say your first wifo left hor home and young children to live in adultery with another man, and that this proseeution isan instrament of persecution and extortion on the part of the adulterer. Be itso. I am bound to tell you, how~ ‘over, that these facts form no defence. Every Englishman 's bound to know that there is a remedy for every wrong, and I will tell you what you ought to have done. You should, on hearing of your wifo’s adultery, have com- menced anaction against the seducer,and obtained counsel and witnossos, 60 a8 to got substantial damagos againat the adalterer, Youshould then have employed a proctor and counsel in another suit in tho Ecclesiastical Courts, 80 03 to get a divorce « mensdct foro, You should next have obtained a pene Act of Parliament to dissolve your marringe. You might say that these procoodings would cost £1000, and that you were not worth £100, or £10. Te may be so, ‘The law bax, however, nothing to do with that, If you had taken the right course you would have eacape: serious crime of marrying another woman. ‘Lhe sentence of the court which I have to pronounce tee tiiis misconduat is that you be imprisoned. for one ay?
B18 = CURIOSITINS OF LAW AND LAWYERS.
SCROGGS’ ADDRESS TO THE PRISONER, p When Stayle, the Toman Catholic banker, ane ef) the vietima, was found A ., thos Silinaed tis: “Now yousony dou Homa Collis and whon you come to I doubt you will be found a priest too, The matter, manner, and all the circumstances
tauch as you will, and lift up your eyes, but you scem
instead of being sorrowfal to be obstinate. Between God and your conscience be it, I have nothing to do with that; my duty is only to nee
of execution, where you hall be banged by the neck, eut down alive, ete’ an i iends said mass for his soul, ordered the body be taken out of the grave, and the on
London Brid; He wes so of his exploit, that he caused anraneca of the eng be pata authority:—State Trials,
IMPRISONMENT FOR DEBT.
‘Tho law of imprisonment for debt, which existed so long in England, the land of freedom, whereby @ creditor enforced tof debt by imprisoning his debtor for upliuited periods, is perbaps the most irrational that ever existed ; even the ancient law, which made the debtor thoslave of the croditor, far excelled it, for by compulsory ‘sarvice the slave might work off his debt, at least in part; but by the othor process this was simply impossible. And to coneuss an unwilling debtor to pay by punishing his body, tended only to exasperate hin all the more, Sp Jaw should have directed re be Sale bre agg oer
ie lscry seizing of the debtor's if he Gay, ead Sf Doe aa) nsdn, Aliens, by Sing Gee ta ment and keeping some hold over his fature acquisitions,
And what so the practice of imprisonment for debt
ABOUT PUNISHMENTS, PRISONERS, ETc, 319
cases finding them in food to asmanll extent only. Debtors Mare eooped ike’ rete, sobting and) warvlig, Ghecphayat. fever, hunger, cold, of the immorality of numbers elosely crowded, of the brutality, and tyranny, and extortion of gaolers. | Such a mode of legal redress, however, had long continued, and might have continued for ever, so far as the law was concerned, had it not been for Howard the Peep a man almost divine, and the glory of his race, jt was who first taught the nations the duty of humanity towards even the most destitute and degraded of beings; and showed how no debt was so no crime whieh could be named so foul, that the gates of merey should be wholly shat on mankind, The porposeless cruelty of imprisonment, for debt waa demonstrated in 1792, when 8 woman died in Devon |, after forty-five Bhar imprisonment, for a debt of Bo And whon the Thatchod House Society set. to work to ransom honest debtors by paying their debts, they, in twenty years, released 12,590 at a cost of is, per head,
AN ENGLIEHMAN'’S HOUSE HIS CASTLE.
However specious may be this rule, that an English nan’s house is his castle, it has in practice sometimes: vcen redneed to a shadowy advantage. In one noted case, bailiffs had been watching day after day to get inside « debtor's house, and at last they saw an upper window open. One of the bailiffs brought a ladder ay put it up to the window, intending to get into it, and go reach the debtor. Tho debtor's daughter, dis- covering the stratagem, naturally and dutifully tried to shut the window, anda scnffle ensued, during which the debtor himsolf ‘came to her assistance, and a pano of glass was broken in the storming process, The baililf then, with much ready wit, managed to put his hand through the broken window und touched the debtor, saying, “You are my prisoner,” and forthwith descended the ladder, broke open the outer door of the house, and seized hia debtor and conveyed him to gaol. It was held, in 1858, by threo judges, and afterwards by five more on appeal, that the iff waa quite right, and wax Fustitiod in what ho did, some of the judges saying, Yost.
s a z SEFE = < H H = F g
then break his way into all the inner doors and rooms, ep Rap ba bee Gren got in ond been Sorebly faa out, he break bis back into the interior, ‘Kod though bailiff cannot open the debtor's ‘awn house, yet he may break open the house of a. third permon to get the if he is therein, the only condition in that case boing, that before the bailiff breaks ‘the outer door, he must first state his object and request
ible entry. Nay, it seems the bailiff may even
into a third ‘s house to search for a debtor, if he has und to believe that the debtor there tke tit rpg me
» iff is & trespasser, an near, but not in the ew of the debtor's house, be broken into to ‘im, because it is no part of the
take castle. —2 Paterson's Lib, Subject, 253.
A PRIWONER CARRYING A JOKE TOO FAR.
Gel prsscntion Ind land, nd the_pner ang ion
oe Rondel by counsel was thus addressed by the judge,
stick an eg! is
ABOUT PUNISHMENTS, PRISONERS, KRYC, 821
the jury). “I think that’s carryinga joke too far, What don yor ibay.igestisment” Jortnan yalter consulting with the other jurymen). “Guilty, my lord" Judge {lo the pritoner). Three month imprisonment and hard
A CLERGYMAN RECOMMENDED TO A PRISONER.
Lord Rasarers the Seotch judge, rarely failed to signa. lize himself in pronouncing sentences of death. It was almost a matter of form with him to console the prisoner, assuring him that, “ Whatever your religious persua- may be, or even if, as I suppose, you be of no atall, there are pees, of reverend gentlemen who will bo most happy for to shew you the way to yoternal lifi,"—Cockburn's Mem, 124.
HANGED POR LEAVING HIS LIQUOR.
A man who quits his friends too carly is sometimes twitted with the fate of being hanged for leaving his liquor, like the snddlor of Bawtry. ‘Tho story was, that there was once a noted alchouse, called the “ Gallows House," situated between the city of York and the local ‘Tyburn where malefactors were hanged, and where the convict and his friends always pulled up and took re- freshment, A wuddler, on his way to be hanged, refused this little regale, so that the procession hastened on to the fatal ¢ He was no sooner executed than a reprieve arrived, and if he had stopped #3 was usual at Gallows House, and consumed some time and liquor there, the reprieve would have reached him, and saved his life,
There waea similar half-way houso at St. Giles’, in London, called “St, Giles’ Bow]," where the convict had a bowl of alo presented to him as “his last refreshing in this life,”
A JUDGE INCAUTIOUSLY ASKING FOR AN OLD FRIEND,
When « man was tried at the Old Bailey for highway robbery, before Lord Chief Justice Holt, who had bees
very rickety in his youth, and knew some of companions of the prisoner, the jadge asad tue cea
822 CURIOSITIES OF LAW AND LAWYERS.
what had become of such and such persons montioned, ‘The prisoner replied: “A, my lord, they aro all Aanged ‘but your lordship and 1.”
A GRATEFUL Titre.
of the court, that the crimo was committed on the high seas, and so was not within the jurisdiction of the court, So the prisoner was onco more acquitted. The prisoner, om thie third oocasion, raised his hands and to heavon, and mid to O'Connell, “Oh, may the Jong spare you—to me /”
‘Another prisoner who was defended by O'Connell, and was nequitted of horse-stealing, was so elated, that he called out to his counsel, "Och, counsellor, I've no way here to thank your honour. I only wish T saw you knocked down i® me owa parish, wouldn't I bring a faction to the resene !"
A JUDGE AND Chinn ChITICINND BY A DEFESDAST.
Horne Tooke had beon his own connsel in the action brought eguinst him by Mr. Fox, for the expenses of the Westminster election potition, and thus began his address to the jury: “Gentlemen, there are here thres to bo oansidered ; you,Mr. Fox, and myself, Ax for the j anil the rier, they aro sent hore to and they are both well paid for their trouble.”
A PHISONER WHO COULD FLY.
Jane Wenliamn waa tried! before Mr: Justice Powell, at Glousceter, on a eiango of wileheraft. ‘The witness fie the prosecution aworo that abe cockl fy. ‘The jodge Sbought ib beat to ask the prisoner: « Prisaner, ead yen,
ABOUT PUNISHMENTS, PRISONERS, ETC. 323
fly” “Yes, my lord.” " Well, then, you may ; thore is
no law against flying” She lost her character, but tho
joa would not allow the jury to find her guilty, avon y her own confession.
AN TUSHMAN CHARGED WITH TRIGAMY,
An Irishman was changed before a magistrate with
‘ing six wives. Tho magistrate asked him how ho
could be #v hardened a villain. “Please, your worship,” said the prisoner, “I was trying to get a good one!”
A PRISONER BEYORE A JOURNRYMAN JTDGR,
A serjeant of gront experience, going the Oxford Circuit ini thor roumnvol Laid Obit Sittias AUbOR who waa suddenly taken ill, a man capitally eonvicted, being asked if ho had anything to say why sentence of death should not be passed upon him, exolaimed, ” Yes: I haye boon tried before a Journeyman Judie.”
A TRISONBA ACCUSED OF DANGKNOUS HEOQUENCE.
Henry Hunt, tho famous domngogus, having been ‘brought up to receive sentence upon a conviction for holding a seditious meeting, began his address in miti- gation of punishment by complaining of certain persons who Ind nocussd him of “stirring up the people by dangerous eloquence.” Lord Ellenborough, O. J. (in a very mild tone), observed," My impartiality as a judge calis upon me to say, sir, that, in accusing you of that, they do you great injustice.”
‘THE PRISONER'S WANT OF RESPECT TO THE PAPER CURRENCY,
Lord Campbell says, “ He once heard a judge at Stafford conclade an address to a prisoner convicted of uttering a forged one pound note, after having pointed out to him the enormity of the offence, and exhorted him to prepare for another world: ‘And 1 trust that through the merits and the medintion of our Blowsed Redeomer, you may there experience that merey which a due regard to the credit of tha currency of the country torbids you to bays for here.'”—2 Camp. Ch, JJ.'s, 444,
324 = CURIOSITIES OF LAW AND LAWYERS,
HANGING A MAN FOR FASHIONS SAKE.
Fae wmerenea Tai tbe Od Dalley eee , for stealing in a dwelling house to the value of forty shillings, when that was a capital offence. The Suge advived ‘the jury to find a gold trinket, the nubject ‘of tho indictment, to be of less than forty shillings, ty auattign my iad! wig the fucking nses ook oak
my why ion alone ime mere tan double ha ‘sn Lord Macnfehl calmly observed, “ id, jemen, we should hang a Sata Sow'tashionts ake l* 2
A PRISONER'S INTEREST IN NUMAN APYAIRS, A Jew had been condemned to be hanged, and was
poe a meen ee wes Sw isomer; but on the road, before reaching the place of execution, a
prisoner isos poialoact kin pasiaoms ba veld, * 31s was wee sooit hoondd bargin, sith Me Keesh Gor. tes eae Gentleman's clothes
POISONING WITH BAD WINE,
‘THE JURY CARRIED AWAY BY SYMPATHY FoR PtoxER’s PARENTS.
Patrick Henry, the American advocate, and" orator of natare,” had to defond a prisoner charged with murder companion during the night. The prisoner's character —
ABOUT PUNISHMENTS, PRISONERS, ETC. 325
being bad; there was great local prejudice against bira, But, in « trial which lasted fourteen hours, Henry obtained such power over the jury,and painted with sueh pathetic colours the grief and dismay of the parents of the prisoner asking of the jury," Where is our son! what have you done with him!” that they lost sight of the murder altogether, and melted with tears at the distress of the nie In the end they found a verdict of manslaughter only.
PRISONER'S FRIEND BRINGS A MESSAGE FROM THE LORD,
‘Whon John Atkins was committed to trial for sedition, a friend of his named Lacy called at Chief Justice Holt house, in Bedford Row, and desired to see him, Servant, “My lord is unwell to-day, and cannot see company.” Lacy (solemnly), “ Acquaint your master that I must see him, for I bring a message to him from the Lord God.” The Chief Justice having been informed of this, and having ordered Lacy in and demanded his business, was thus addresed: “f come to you a piers from the Lord God, who hassent me to thee, and would have thee grant anolle prosequi, for John Atkins, His servant, whom thou hast cast into prison.” Holt, C./. “ Thou art a false
het, and a lying knave, If the Lord God had sent hie, it would have been to the Attorney-General, for He knows that it belongeth not to the Chief Justice to grant a nolle proveyui; but 1, as Chief Justies, can grant a warrant to commit thea to bear him company.’ This was immediately done, and both prophets were convicted and punished,
PRISONERS AND THEIR TREATMENT IN PRISON,
Until the time of Howard, the world cared Jittle what went on in prisons, and left the prisoner very much to the merey of the gaoler. Constantine, it is true, ordered
isoners to bo treated with humanity, though guilty, and to be kept in wholesome places; and extortioners were yunished with death, Tn the earliest times of
lish law, very sound theoretical principles existed. At common law a right to redress was waledged, when a sheriff or pained his yesoner, wn Wo
=e isomer too heavily, or ea eon ithout causy, for can be no ale cwe: and the walls of the prison, if not enough, must be made higher, rather than allow the gaoler > chain or iron the prisoner, Hence, if a gaoler treated a prisoner inhumanly and caused Syne held guilty of murder, for it was not nocessar: he een Ree bL Feetbiee be Ba notwit sort, eories, SE Tn 1661, it t related that when a prisoner was committed iy ate Gatehouse, Westminster, for libel, and had been AD three nights in roota without chair or Thr a reas 47 15s, was demanded for present foes, is to say, £5 to excuse him from wearing iroma, ‘= other items being for entrance, week's dodging. sbects, inh money, ant for tui fea Ani gaoler palit cmd enforce his will in the most tyrannical way. When the Hoase of Commons’ Committee, in 1728, ‘ire into the subject, they found that the thumbscrew: Fed torture wore used at the pleasure of the gaoler, and before trial were loaded with irons. Since Howe lnid bare prison life, to the astonishment of iankind, prisons have, it is truc, been ipo! models of fair and considerate treatmont—2 Paterwon's Lib, Subject, 263.
DOCTOR'S CERTIFICATE OF DMMINENT DANGER TO LIFE
A highwayman named Bolland, who had beoa oom- mitted for trial, and confined in Newgate, sent for his solicitor, and wished very much to have his trial put off form time. He wished to know how that could be done. ‘The solicitor said there must be a medical certificate from an an ape hoary that the prisoner was unwell,
ly obtained ; and the apothocary, after a initeblo commencement, frosted thos: “And the deponent verily believes, if the said James fe in obliged to take his trial at tho ensuing sessions, he will be in imminent danger of kix life!” On bearing
ABOUT PUNISHMENTS, PRISONERS, BIC. S27
this, the learned judge on the bench observed that he “verily believed so too!" but said, that nevertheless, he could not allow the trial to be farther postponed.
JUSTICES OF THE PEACK PEOULLAK TO ENGLAND,
Tn the reign of Edward TIL, the Chancellor acquired tat most important and delicate function of appointi Justices of the Peaco—a mogiatracy peculiar to the British Isles; tho judges having a most extensive criminal jurisdiction, being generally without, legal edu cation, and serving without any remuneration, except the
wer and consequence which thoy derive from their office —1 Camp. Chanc., 275,
LORD CHANCELLOR APPOINTS JUSTICES OF THE PEACE.
Since the institution of Justices of the Peace, im the reign of Edward IIL, instead of the Conservators of the Peuce formerly elected by the people, to the Lord Chan- cellor has belonged the power of appointing and removing Giant Wieweetion’ Sha clegtiom. Upod tila. aptans and delicate subject he generally takes the advice of the Lord Lieutenant, or Custos Rotulorwm, in each county; Dut when any extraordinary case arises, it is his duty, and his practice, to act upon his own judgment.—t Ps Chane, 19.
CLERICAL JUSTIN OF TIT PEACE.
Ono, Dr. Warren, was a divine in degree and profewion,
et seldom in the pulpit or ehuroh, but a Justice of the
Fiadacass vic pra atbedlii eonlat baneaie Walls
sirrah,” saya he; “go your ways, I'll teach you law, I'll
warrant you.” “Sir,” says the prisoner, “ t had rather
re srotahip would tach us some gospel.”—Camd. i» No. 5.
A DESCRIPTION OF JUSTICES OF THE PEACE IN 1740.
Lord Chancellor Hardwicke was much annoyed by the state of some Justices of the Peace for Middlesex; and with a view to legislation, was furnished with the follow~ ‘ing account of one or two.
One Sax, a justice near Nine bites me eo
yearly pensions houses an to remit their fines, He was lat pron tearing a leaf out of the and. was fined, and the park paid £500 in prosecuting him.
lately a prisoner in tho Fleet, for debt, out of prison, he opened a shop in Red Lion Clerkenwell, and lets out part of the house to a woman il fame,—1 L. Hardwicko's Life by Harris, 391,
THE JUDGE AND THE SHERIFY.
Justice Buller, at his first assize town on the Oxford Cirenit, was met by an unsophisticated sheriff, who bluntly demanded of his lordship (being rather under
assured, tho ieee) took nedlagss eons 1 judge. oe we noverity being seen on the judge's counten Ghetifl exproued «four that’ Wo Wind deus” eocaoll wrong. ‘Tho judge replied: “It is cerauly agua gotta ce. Winans pecesscme for te sboriifito e his fronting the horses, unlem” (he put his band on the sheriff as hestarted up) “unless invited by the Ce Je pad ah Age, when sitting an occamon © RAIC ju wi ml with the sheriff, after the toy tthe esha had been exhausted, was asked w! © his lordship had at the last amize town gone to see the elephant. The with good humour, answered; “ Why no, Mr. High hed Teannot say that I did, for a li ema Mr Ci we both came into the town in form, with if sounding before us, and there was # point of ceremony as to which of ws should visit first.”
ABOUT PUNISHMENTS, PRISONERS, ETC. 329
LAWYER IN PARLIAMENT USING AN OATH,
Erskine, in oj ing the Seditious Meetings Bill in Par- liament, in 1795, said: “If the Government resolve to rob the people of their rights, the people will be justified in resisting such glaring oppression. T will say again and again, that it is the right of the people to resist a Government which exercises tyranny. It in certainly bold to eny that the pooplo have a right to rexist, and that they ought to riso; but there mre some occasions which ronder the boldest language warrantable. the King’s servants,” said Lord Chatham, ‘will ds mit a constitutional question to be decided according to the forms and on the principles of the constitution, it must then be decided in some other manner; and rather than it should be given up—rather than that the nation should surrender their birthright to a despotic minister, I hope, my lords, old ax I am, I shall see the question brought to issue, and fairly tried between the people and the Government!’ Sanctioned by the sentiments of that venerable and illustrious man, I maintain that the people of England should defend their rights, if necessary, by the last extremity to which freemen can resort For my own part, i shall never conse to struggle Sin\eugpert" of Uberty.- Tn ‘no altontlon will desert the cause. Iwas born a freeman, and, by God! T shall never die a clave !"—Parl. Hist.
DPRACHMENT,
Tn the farty-second year of Edward TIT. while William of Wickham was Chanoellor, occurred the first in- stance of a parliamentary impeachment, Criminal juriedietion had been before exercised by the Lords, but not on the prosocation of the Commons, Sir John Lee was now impeached ry the Lower House, for malprac- tices while stoward of the houschold, and the punish- ea not extending to Meir Steed ft Chaneallor
ough a priest, was not disqualified from iding. Before the close of the popes tore Commons: Prefect impeachments against many delinquents, for political ana other offences, and the practice of impeashnent,,ancmaierg,
330 CURIOSITIRS OF LAW axD LAWYERS.
to the present forms of proceeding, was ‘established. —1 Camp. Chane, 275. as aed
If HOUSE OF LORDS CAN REVERSE ITS JUDGMENT, Lord rst, sitting on a Scotch said that the cepa es other ee reverse: its own jadgments, Lord Chancellor how- ever, observed, “That power only belongs to inferior courts, and the most serious consequences would follow ies Peal seaatan tk els Cyrene ee “In trath, a i its judgments after they have Bron udeaaly does not belong to any court, high or low, and a solemn Judgment of the cea eae after vote iene of wession in which it pronot only areperecd by Ack of Pactionenk
COURT THREATENING TO COMMIT THE SPRAKER. When the disputes as to parliament ivilege, aris ing out of the Avistary Amin Toi. led he two Houses, and Holt, Chief Justice, was thought to be the champion of the House of Lords, a story was circulated that the House of Commons ordered the Speaker, with his robes and full-bottomed wig, to enter the Court of Queen's Bench and summon the Chief Justice to the bar, to answer for his contempts, whereon the Chief Justice
an ee and if the whole House of Commons were in belly, L would notstir a foot.” Whereupon the or quailed: and guitly rtire. ahh e Z here was not a word of truth in this popal coated the
[ i ? i ? = B
difficulties in which the Houses were involving them- solves,
ABOUT PUNISHMENTS, PRISONERS, BFC. 331
PARLIAMENT QUESTIONING JUDGES A¥ TO THEIR JUDGMENT.
When the House of Lords took offence at Lord Chief
Justice Holt having decided a question in his court which the House thought interfered with privilege, and sum- moned him toattend the Honse and be interrogated, he refused for the following grounds: “I acknowledge that I gave the judgment, and I gnve it neeording to my conscience, We ure trusted with the law: we are to bo protected and not arraigned; we ars not to give the reasons for our judgment in this fashion, and therefore I desire to be’ exeused giving any. Your lordships constitute the highest court known in this kingdom, Wefore which wll judgments may be brought, and your lordehips may affirm or reverse them as seems you good. Land my brother judges, according to immemorial usage, have asammons to attend in this House ad consulendwm. Your lordehips bave an undoubted right to ask our opinion, with our ee on any question of law whieh comes before your lordehips in R.v. Knowllys, and if post lordships ask my opinion upon it, C will most willingly render the reasons which induced me, aceord~ ing to shy conscience, to give judgment for the prisoner. T did think myself not bound %, law to anawer the questions put to me. What a ja igo does honestly, in open court, he is not to be arraigned for.” The House then informed him that the questions asked him wore not intended to accuse; but the judge answored: “Bealdes the danger of accusing myself, I have other good and sullicient reasons for declining to answor the questions propounded to me.”
‘The House dropped the matter, and the Chief Justice's popularity was greatly increased by this condact.
PUBLISHING PANLIAMENTARY PAPEIS WHICH ANB LIDELLOUS,
How far a parliamentary paper, that is to say, @ document submitted to the Parliament, and ordered to be printed and published for the public benefit, may be published with impunity by et ‘ers, though the con tents may be libellous to individuals, long canna Sod.
|
332 0 CURIOSITIES OF LAW AND LAWYERS.
the controversy that arose out of the case of
which had. the offect of making. viene eda
courts of law take up opposite sides, and to act as if as
isgrace Joss popularity to the House of Commons, if any such course weru resorted to, ‘The subject was thoroughly discussed,
wcomed £ Peel, Lord J. Ruysell, Palmerston, Lord Stanley, Lord Howick, Cainpbell, Rolfe, Wilde, Follett, ii . O'Connell, Hume. In favour of the courte of law:
two of these occasionally changed sides.
A TOD LAEUTENANT OF A COUNTY DIKMISSED BY THE cnows,
In 1780, government being bard pressed upon the eccasion of Lond Shelburne's motion = a aire
his Majesty, praying to be informed = by w!
the rrr Tot Carta arthen and the Earl of Pembroke
os g E Hl a 5 & 4 B F
years’ public eerviee, be did not know that be had ever ioade an enemy, or given just cans of offence, in any
ABOUT PUNISHMENTS, PRISONERS, BTC, 833.
public character he hud filled; he disapproved of re- moving persons from their appointments under the Crown, except for misconduct or incapacity; but he thought the present motion highly objectionable, ax it went to intrench upon the King’s prerogative of choosing his own servants This, like other prerogatives, might be abused, but it was necessary for the public good ; and there was no pretence for saying that it had beon abused in the present instance, as there was nothing to distinguish removals which formed the subject of the present debate from a continued stream of codents since the revolution, down to the present day.” —+5 Camp. Chanc., 466.
JUNIUE PROSECUTED FOR SEDITION,
The case of Junius’ letter to the King, in which, as the Hara urged, ever; bat quality was imputed to the King, and every good quality was denied to him, was a striking example of the difficulty of fore~ seeing how juries might deal with civcamstances supposed. to be so near the dividing line between lawful public comment and seditious excess, In the first of several trials for publishing that memorable letter, the ju found tho publisher guilty, In tho two othor Gu for tho same publication, tho jury, after deliberating seven and ten hours respectively, Dahed vordict in favour of the publishersof not guilty. ‘The other proseeu- tions in respect of the same libel were then abandoned by the advisers of the Crown without a trial, as not Leely to be sucecesfiul.—Pateraon's Lib, Press, 90. 4
Moore says that Lord Brougham used to observe that Junius was much overrated. A. strong corroboration of Francis being the suthor was, that Francis made a splendidly bound copy of Junius his tirst present to. his wife on their . Brougham was present when Rogers asked Francis if he was the author of Junius, thus, " There ia a question, Sir Philip, which I should inuch like to sk, af you will allow me,” "You bad better not, sir,” answered Francis wees may have reason to be sory for it," Brougham he also once asked Drancis if it was ridicalous to suppose that ho (E>) mages
can't help thew.” Brougham said that Francis never actually denied the charge, but at all times, in a sort of angry way, evaded it,
POLITICS VERSUS LAW.
Burke, at first, wax disposed to slight Erskine. When told of Exskine’s opinion about an im; it abating upon the regia! of Parliament; * What,” a “g nisi prius lawyer give an opinion on an impeachwent ‘As well might w eabbit, thet breeds ity tines s year, pretend to understand the — of an elephant,
Ermkine once followed Mr. Fox in a long speech, Pitt said, “The learned gentleman has followed his right honourable leader, ranning along the line of his argue ment and, as usual, attenuating it as be went.”
LAWYERS IN PARLIAMEST, AND ERSKINE'S FINST SPERCT_
cause with Erskine, at Westminster, and attended a con
sultation, Paadveetce tienen, ton eee
most gentle encouraging to juniors;
se hi agar a sd te por oso itemnn ; haps, felt somew!
Ratan Ghat tho. cliente of 8 groat. advocate fool on
attending a consultation on their caso. Certain it is,
AUOUT PUNISHMENTS, PRISONERS, BTC. 335
that Pitt never justly appreciated that illustrious man, and always took a pleasure in mortifying him in the Houvy—6 Camp, Chane, 417,
KING, LORDS AND conoNs,
Mr. Morton, chief justice of Chestor, a barrister of some eminence, happened, in the course of a speech in the House of Commons, to introduce the words, “King, Lords, snd Commons;" to which he added, with his
lance fixed pointedly on Pitt (the first), “or, as the right fononrable ntleman would call them, ‘Commons, Lords, and ae ” Astounded at his boldness, Pitt de~ iberately rose from his seat and called him to onder, “I have frequently,” he said, “heard in this House doctrines which have surprised me; but now my blood runs cold. I desire the words of the honourable member may be taken down." The clerks of the House having taken them down : “Bring them to me!” he said, in a voiee of thunder. Morton, by this time, appears to have been frightened out of his senses, and began to stammer out his apologies He meant nothing, he said; indéed he
meant nol , Pitt sank his voice almost to a whisper, “T do not wish,” he said, “to push the matter farther.” Then assuming a louder tone of voico, ho added, “Tho moment a man acknowledges his error, he coases to be guilty. I have a great regard for’ the honourable member, and as an instance of that regard,” (hero fixing a withering lool at Morton), “when that member means es , core te him to say nothing."—1 Josse’s o IIL, 154,
LAWYERS NOT AT MOMB IN OUKE OF COMMONS,
Erskine, in a speech in the House of Commons, once observed ing, that lawyera were not at home in that House, Burke retorted in a tone of triumph, that they only exorcised thomselves there in skirmishing with the rights of the Commons, with which in the other House they meant. to carry on a war; all they could afford to give members there was a sort of Quaxter Sessions law, anda law minorwmgentium. “ Vicbedveves
‘COUNKEL ON THE HUSTDYGS. -
When Sir Edward Sudgen stood as a candidate Weymouth, in the House of Commons, it was @ taunt that be was nothing but a barber's son, his speoch, the taunt ‘again thrown out, claimed: “Yes, it is troe that fain a barber's
made this remark; that though I was o have risen to be a barrister; whereas if he had barber's son, ho would have remained a barber's duis life.”
TLADS JOMN CAMPENLL ON TUR MUSTENGH
Lord Campbell, then Sir Jokn Campbell, the hustings, addressing tho electors of Edinburgl
fL
“Es en
see
fh
;
in 1834, began: “Gentlemen, electors of Edinburgh, and fellow coun! fs Aad a apne ow as a candidate 2 onour of your thal eer eter germ elapse
Tiegh have teen Gaced, td Gat al hopes of ty
ambition baad crowned with success must be
for ary eng ¥y the eminence to which I have bud the to attain.
‘There was another counsel who insisted on
called * plain,” after being a jadge. Poe accept 7}
was ssid by his contemporaics to be. He was the frst Teed Thi
Judge appointed by wurlow, in 1778.
ABOUT PUNISHMENTS, PRISONERS, RIC. 337
EXCMIDING LAWYERS FROM PARLIAMENT.
Lord Commissioner Whitelock, during the Common- woulth, made x noble defence of the profession of the law. One of Cromwell's officers, an ignorant fanatical fellow, had made o motion, " that all lawyers should be excluded from Parliament, or at any rat, while they sit in Parlin- ment,they should discontinue their practice ;” introducing his motion with # violent invective against the conduct ‘of lawyers, both in and out of the House, and being retioasly severe upon theit loquacity in small cases, and their silenca when the lives of their clients were at stake. Whitelock showed that the multiplicity of suits in England did not arise from the cviliactal law but from the greatness of our trade, the amount of our wealth, the paibe of gy contracts, the Lede Bia, to every man to a jis property as he pleases will, and the equal freedom song us, by which all Pe entitled to vindicate their rights by nn appeal to a court of justice. He showed that the silenco of counsellors on capital cases was the fault of the law, which kept them silent; and he ingenuously confessed that he could not answer that objection, that aman for a trespass to the value of si: ice, may havea counsellor to plead for him; but that, where life and posterity were concerned, he was dobarred of that privilege. What wassnid in vindication or excuse of that custom, that the judges were counsel for the prisonor, had no weight in it; for were they not to take the same care of all causes that should be tried before them? A reform of that defect he allowed would bo just, He then showed the great services of lawyers in Parliament, instancing Sir Edward Coke, with whom he himself had had the honour to co-operate 6 beginnit of the late reign, and who had carried “the Petition Right,” and the exertions of St. John, Wilde, and others spyeanive tres pause a ns Pastomertows Tassels ° ive laws av rartiamentum frou which lawyers were excluded, “As lo the sarcasmas on the lawyers for not fighting, he deemed that the gown did neither abste a man's courage or his wisdom, nor render him less eapable of using a sword when to \aws wore silent, Witness the ou worviees be elit
on the rare occasions
ile a member of the
fortune to oT that there has sub-
ami when it was discovered ed down in three minutes, It is
sacotss in one of these flelds of exertion
i rb :
= 2 FI E
he was a lawyer in
f 7 i Fe i 3 S 3 i i F
r Hy f
who peolrnenici
ae
like Sir
Seve boas eartal ‘estminster Hall, I could acquired a high repata-
louse of Commons, who, if they had eontintied inster Hall, would nover have been
ar z 5
ABOUT PUNISHMENTS, PRISONERS, ETC, 339
Probably the notion, that successful lawyers could not or would not succeed in the House of Commons, became moat firmly rooted at the time when Erekino was thought to be Joss eminent in Parliament than at the bar, and when Pitt and Percival were thought to havo loft the bar from an impression that polities was quite a different profeasion, and required difforent faculties in ordor to excel,
TENGE COMPLAINED OF AS A POLITICIAN,
When Mr, Perry, the proprietor of the Morning Chronicle, was tried, in the year 1810, for a libel on TEL, and was aequitted under the direction of Lord Ellenborough, Lord Campbell says that he happened $6 bonltting along ‘wich several other jtinlora tmumabilataly bebind Sir Vicary Gibbs, the Attorney-General, who turned round to the bar, and said in a loud whisper, "We shall never again got 2 vordict for the Crown, while the Chief Justice is in opposition.” Yet the acquittal was allowed by all impartial Pepsin to be highly propor, tho alleged libel merely alluding, not disrospectfully, to the | ite of the reigning sovereign inst his Roman tholic subjects, Gibbs lad aspiteagainst Ellenborough, who said of him that “his nose would take ink staing out of linen.” Sir Vic went generally by the sobriquet of“ Sir Vinegar” ; and one fine summer's day, looking more Ba usually acetous, the phenomenon was thus accounted for —
“Phe Sun's blass'd beam turns Vinegar more sour.”
—6 Camp, Chane., 586.
THM WIKDOM OF OUR ANCESTORS.
‘Tho stock phrase used by the opponents of law reform is “ the wisdom of our ancestors." ‘This celebrated phrase was first used by Sir W. Grant and Mr. Canning, in order to stop Sir Samuel Romilly’s menaced innovation of subjecting men’s real property to the payment of all their debts. Lord hom says: “Strange fores of early prejudice—of prejudice suffered to wary Woe WXee lect while yet feeble and uninformed, ani whida Gwe
et at A mature and sppealing to those errors as the wisdom of when fruit of sinperfet intellectaal culture.”
THANKING A SUPPORTER AT THE HUSTINGS.
ing Universo 770 be hl to bee day Sogo ‘ity, , it hats
Ton sent lesbos ts scata, cod Daal A
eraiaa ee for him. cage! thes was nga
countenance you wore kind enough - GeiROW a on Cla ccemnioa.” ie
A aged pee MOMSEXER, ABOUT FOLITICAL | BOOMGI,
bo had been told that cattle and corm were bes pe to market, and there bought by # man whose nse happened to be longer than his neighbour's, ao that Te rietoan tan spline, stroets and carns his bread his daily labour, could get none but thi his hands, and at the me) he chooses to demand; that Shh Novo raeed Sd Js, 28, and more aquarter, on soso oe neo hay Yave said, there ia no emt me FmLmoh en offaciet eed Lait
ABOUT PUNISHMENTS, PRISONERS, RTC. 441
the high price of corn to combinations of farmers, and the dealings of middlemen, was the common nonsense talked in the days of ay yuu T remember when ten judges out of twelve laid down this doctrine in their ‘charges to the various grand juries on their circuits.”
WHETHER AMERICA 13 FART OF KENT,
During the arguments in Parliament, preceding tho American War, one of those in defence of the Colonies was, that thee Colonies were not represented in Parlia- ment, and, therefore, taxation was incompetent. Sir James Marriott, a judge of tho Admiralty, misapplying some idle fiction on another sabject, put forward this ax a awe Although it had been frequently pretended that the inhabitants of the Colonies were nob represented in the British Parliament, yet the fact waa. othorwiae, for thoy were actually represented, ‘Th first coloniza- tion was by sovereign authority in Virginia, and the
ta of those lands were oxpresiod in the royal charter, ‘wo have and to hold of the King’s majesty, ns part and pel of the manor of East Greenwich, in tho county of
‘ent, &e.’; so that tho inbabitants of America were
tod in Parliament by the knights of tho shire for tote a ee ih d aA fis discov the sapient judge was greete Pa hactacictiatal the Breaker ecult avi aiffeany suppress.
LORD THURLOW AND ‘THE DISSENTERS,
When Lord Chancellor ‘Thurlow, in 1788, received a doputation of leading dissonting divines,’ who were anxious for his support of Mr, Beaufoy’s famous ubtempt #0 obtain a repeal of the. Test and Corporation Acta, the deputies were Doctors Kippis, Palmer of Hackney,
. Dr. Rees used to relate that after the Chancellor had heard him very civilly, he said; “Gentlemen, I'm ‘against you, by G—. Iam’ for the Established Church, d—n me! Not that I have any more regard for the Established Church than for any other church, bat be- cause itis established, And if you get your d—d religion established, I'll be for that too!”
842 =—s GURIOSITIES OF LAW AND LAWYERS,
CHAPTER IX
ABOUT RECREATIONS OF JUDGES AND LAWYERS.
EETIRING TO THR COUNTRY.
Sir Harry Moncrieff used to say, that nd man long
to the habits of our active city life of
basiness could retire and muse in tho country for six months without becoming an idiot.
AN OLD JUDGR ON RURAL BEAUTIES.
Judge Davis, when asked by a company-of American Urother lawyers as to the comparative advantages of different periods of life, replied, with his usual ealms simplicity of manner, ss follows: "In the warm season of the year it is my delight to bein the country ; and every pleasant evening while Iam there, I love to sit at tho window and look upon some beautiful trees which grow near my house. The murmuring of the wind through the branches, the gentle play of the leaves, and the flicker- ing of light upen them when the moon is up, fill mo with an indescribable pleasure, As the autumn comes on, I feel very sad to ste these leaves falling one by ano; but when they are all gone, I find that they wore only a screen before my eyes; for I experience « new and higher satisfaction ns I gare through the naked branches at the glorious stars beyond.”
RETIRED LAWTERA,
[Apart from polities, the eonduet.of Somers.on retiring from the chancellorship. was greatly to. be admired, as being moro rare among English lawyers, wha geuemaliy
WECREATIONS OF JUDGES AND LAWYERS. 843
while in practice or in office, devote themselyos exelu- sively to professional avocations, and in their retirement, lof without mental resources, waste their declini ‘yours in frivolous occupations or in vain regrets. Campbell says that, Lord Somers presents the beat idéat of an ex-Chancellor; active in place in Parliament when he could serve the state, and devoting his leisure to philosophy and literature, He had long beou a w of the Royal Society ; be now regularly attended its meetings, and assisted in its transactions; and being elected the President, he did everything in his power to extend its credit and its usefulness. Having held this distinguished post five years, he gracefully resigned it to Sir Isaac Newton. He lived much with literary men, and liborally aided such as were oppresied by poverty, Sir Samuel Romilly was also an example of a lawyer in the largest practice not neglecting the cultivation of his mind iu non-professional subjects. A bishop once wrote of him: “I remember many years ago travelling with Sir S Romilly one stage in his carriage, which was filed with the best books of the ral literature of the day. To a remark from me that T rajoiecd to see thathe found time for such reading, he answered, ‘As soon as I found 1 was to be a busy lawyer for life, I strenuously resolved to keep up my habit of non-professional reading; for hail with so much misery in the yi of many great. lawyers whom I had Jnown,; from their loes of all taste for books, that I regarded their fsta as my warning.’”
‘A SERIZAST REVELLING IN THE YEAR LOOKS, Serjeant nard, a t. black-letter lawyer durin, Rememeit pale certo ct Geta uae (a largo folio of dry and rambling law reports) in his coach to divert his travel, and he said he chove it before
any comedy.—North’s Guildford, 19.
ACCOMPLISHUMESTS OF JUDGES,
Lord Chief Baron Pollock wna ono of the moat dex- trous imitators of handwriting, and used to amuse himself by sending lettors in other poople's names an handwriting so correct that the person iumitaked wel
S44 CURTOSITIRS OF LAW AND LAWYERS. swear to its being bis own work. Many practical jokes
arose out of this little amusement, Maule was Soo eee
th the bar, ae pees bp ss = Lnecigabe acl eeary: lockatmith who Tec alle
Tr a pee opened with ease. her
‘Vice-Chancellor Wickens amused himself with binding books, at which trade he was an it, and had all the elaborate tools and machines to expedite his work, and ‘he turned out his volumes in masterly style.
‘REFRESHING ONRSELY WITH WILLIAMS" pei.
Justice Patteson, when a student, was friend's house in country, along with Git tn Dallas, who one miny day proposed that the
read a little law » and on being ank ae should be, said: lieve our friend has a ‘ Saunders’
of a scene which is said to have occurred at Assizes, Serjeant Williams was opening a case before Lawrence, J., and after stating the limitations of will, maid they created an executory devise, on which Justice Lawrence said: “Surely, brother, it is a rewainder.” ‘The lenrned serjeant, contin his taal the’ Enrned Joga agua wogeeied Unt many ge again
honour, my Lord, if is an executory devise. sald the jug, des <M gouty thet brother, Lhave no doubt
‘BLOOM WILLIAMS AT HOME,
Soxjoant Williams, the Welsh counsel, and editor of
BECKEATIONS OF JUDGES AND LAwyEns. 345
“ Saunders,” was a very handsome man, with a fine come jon, and he was commonly called on cirenit, “Bloom .” His manners were Leda Gece though he was somewhat hot tempered. He delighted in recallin, the days of his youth, and used to narrate with muel humour stories of his college adventures, and his expeti- ences of the Carmarthen Circuit, He was fond of music and of poetry, and used to walk up and down the room in the ovening, reciting “ Lycidaa,” and favourite ie ope: Ocationslly oa loved’ to ‘rad ‘our tavld family, papers of Addison, from the "Spoctator.” Hix health was always delicate and difficult to manage, Ho used to say that he never got over the effect of over fatigue in having, whon a youth, joinod a party of collego friends, who walked from Oxford to London (63 miles) ina single
LORD THUNLOW'S JOKES WITH 118 FAVOURITES,
‘The following anecdote was related by Lord Eldon: “After dinner one day, when nobody was present but Lord Kenyon and myself, Lord Thurlow said, ‘ Taffy, 1 decided a cause this morning, and T saw from Scott's face, that he doubted whether I was right’ Thurlow then stated his view of the case, and Kenyon instantly said, “Your decision was quite right,’ ‘What sy you to that?’ asked the Chancellor from me, I said, I did not Berar ‘to form a heey upon a cnso in which they
h agroed, But I think a fact has not been mentioned, which may be material, T was about to state the fact aud its reason, Kenyon, however, broke in upon me, and, with some warmth, stated that IT was always #0 obstinate, thore was no doaling with mo. ‘Nuy,’ inter
‘Thurlow, ‘that’s not fair, You, Taffy, are obstinate, and give no reasons; you, Jack Scott, are obstinate too; but then you give your reasons, and d—d bad ones they are!"
THY JUDGE AT HIS DEVOTIONS,
Lord Alvanley, Chie? Justice of the Common Pleas, was startled one evening, when at family worship, by hearing one of the servants, who, instead of attending prayers, wax playing an instrument noisily in on adyacieg,
346 = CUBLOSTTIES OF LAW aXD LAWXRUS.
apartment, ‘The judge in the middle of the he was reading, and ‘out, * Will no one atop that fellow’s d—d ing?”
A SCOTCH JUDGE AT HIS DEVOTIONS,
Lord Forglen, fvecrd of the Scotch judges, was a great original, nday evening he hud with him his pie Bett; Ketoch afterwards Lady Milton, alsoCharles Forbes, who went “out in 1715," and David Reid, his elork. ‘The ji had what bo called " the exercise,” a family worship which consisted in singing @ psalm and r inciny pe
David, blew out the flame, which was e w in” ‘The exercite ther at once stopped, and eral their liquor.
‘TWO OLD JUDGER WALKING IN ‘TIIRTK OWN GROUNDS.
Lord Forglen, = Scotch judge, was one walking Tg Plo Newhall, in iba latina own
Il waa a grave and austere judge, while
Jen wasa medley of curiouxeloments, As th
wer bat along a picturesque bend on the river
Forglen mid: “Now, my lord, this is a fine walk. Paty weant to pray to God, ean there bo a biter place? if ye want to kiss a bonny lass, can there be a better place?”
AN AORD JUDGE REVIAITING IES OLD SCHOOL.
Lord Stowoll'a penurions habits were known to his friends, but when he visited, in his old age, the echool at Newoastle, the old woman who showed him over the building, not being aware of his habit was highly exeited ae er vel Prospect alo ied of a handsome fe
ly ei) half-a-crown, ae ia great a map, five sbilliogs. Bata te tinea
RECREATIONS OF JUDGES AND LAwxERS. 347
over the desks, and asked a thousand questions about the fate of hia old schoolfellows, the wowan’a expectations rose to favor heat—half-a-guinea—yea, a guinea—nay, possibly, since she had been so long connected with the school in which the great man took so doop an interest— a ten pound note, or even some little anouity, At last the awful moment arrived, whon ho wished her good byo very kindly, called ber a good woman, and slipped into her hand a picco of monoy. It was @einponce! His personal estate was soon afterwards proved at only £200,000,
THs JUDGES’ FAVOURITE Dist.
= Lord Eldon’s favourite Sieh cad liver pd aera The rince Regent once tempted him to a visit by promising vi te dh and Slowall ali ha tate tae being a eater; and it was a rich pie, compounded of Dealt meatieed armen (ema utiles ot por wank ie usual accompaniment to a great quantity of pie, Lord Stowell could pon tho noatest of periods, but his hands were usually dirty and unwashed, his shirt frill was usually tumbled and soiled with tho evidences of his voracious banquets He was careful of giving his own wine to guests, but when ho dinod out, he distributed and ay ro~ priated like a prince, As his little brother, Lord Eldon, onee jocularly remarked, * his brother William could take any given quantity of wine.”
A JUDGE SKILLED IN SALAD MAKINO,
‘Thomas Manners Sutton was made Lord Chancellor of Ireland in 1807, and was an excellent equity judge. He prided himself most on his mastery of the art of making salads, and gave her first lesson in that art to Lady Morgan. But when he read a novel published by that lady, called “O'Donnel,” which seemed to favour the then odious craze of Catholic emancipation, he was so disgusted that he ordered her book to be bummed in the sorvanta’ hall; and vented his spleen by unbosoming to his wife this penitential romark: "I now wish I had not given her the secret of my salad!"
348 = CURIOSITIES OF LAW AND LAWYERS.
A JUDGE WHO WAS IN DEFENCE OF LonSTEn SAUCE, sero are cps ened ht over aie awa) y his own in! |
J had sauce; and although sailors employed in the a oe earn allowed to be
from im) impressing all sailors employed in collecting Ibeters onthe rske and bringing the ean to
Writs of habeus bs ted for tho end cet te recat ha en, a
legislature seems to have been directed to the supplying the inhabitants of the metropolis and other oa ‘of the kiny with fish; and for that to ing sound an well-favoured fish to our at a bn Cts price. Then is not the loteter fishery « fishery, and a most important fishery of this tl carried on in shallow water? The framers of the law well knew that the Liner of tho Dende ine
lobster sauce. ‘Fisheries of these ‘are words | baa das embracing all those from whieh
markets of these Kingdoms; and all who are engaged in
eto y/ on lied in w fr pre paresis Pecan dived => |
exempt from impressment,’ ae SERJEANT WHO ALWAYS QUOTED HIS WIFE.
pi of m5 Nonters Ch Cireait rian is
USipetbliet heh hee Dak eile tis cane ver Gere Law, ie bh wa pa on
“a
AWCMBATIONS OY JUDGRS AND LAWsEns, 34)
borough, said of him; “Seo, thero site Topping, taki fire hy revolving on his own axi ‘The Serjeant iad & atrong sontiment of conjugal allegiance, and was con- stantly quoting what his wife said or would say on every transaction in which he was concerned. He daily wrote
ile Coping. 8 aie wage tod le
rewarded hom ieith somo oonliddaal. dscowaroa each ax toees?
she “The fellow behaved so ill that never wi to him
Tedughe obit a;quses confidential, and judisial tansy ts i salng the fate of enah individaal alladad to irrevocably oe
‘habwenea/AbA.sbanch cand the bar, the: Serjeant. world call In hls-clerk to being: come of the stomach tincture, which it was always observed consoled him greatly ; and it was known to atopte as only brandy.and wateree2 Brougham's Works, 386.
A JOVGE KEEPING TO TRE POINT AT DENNER,
Lord Tenterden, Chief Justice of England, hadeontracted so strict and inveterate a habit of keeping himself and everybody elso to the procise matter in hand, that once, during a cireuit dinner, having asked a county magistrate if he would take venison, and received what he deemed an. evasive reply: “Thank you, my lord, Lam going to take boiled en;" his lordship sharply retorted, “That, sir, is no answer to my cone Task you again if you will take venison, and I will trouble you to say yes or ‘no, without further prevarication 1”
THE LORD MAYOR TOASTING THE JUDGES.
Sir Peter Laurie, the saddler, when Lord Mayor of London, gave a dinner at the Mansion Hours to Sve
350 CURIOSITIES OF LAW AND LAWYERS,
Judges, and in proposing their health, observed in im st accent: “ What a country is this we live int ja other parts of the world there is no chance, except for men of high birth and aristocratic connexions ; bat here genius and industry are sure to be rewarded, Bee before you the examples of myself, the Chief of the im in of this great empire, and the Chief Justice of sitting at my right hand (Lord Tenterden), both now in the highest offices in the state, and both sprang from tho very dregs of the people 1”
PABSIMONIOUS JUDGES.
Jekyll told w story about some one noticing an inae- enracy in the inscription on Lord Kenyon’s tomb, “mors Saseucweka? Aid @:bsing pub instead of to igh jong Tend Ellenborough thereon remarked, “Don't you know that that was by Kenyon's express desire, as be loft it in bis will that they should not go to the expenss of a diph- thong” Jekyll sid that Kenyon died of eating spalepla crust at breakfast, to save the expense of muffins, and that Lord Ellenborough, who succeeded to the Chief Tusticeship in consequence, always bowed with great reverence to apple pic: * which,” maid Jekyll, “we used to call applepiety."
‘The Princesses also told how the King used to play tricks on oars memon Oe Segal hes i bales quarter past seven, when he knew Ken) was ami Wai tng aceustemed to go to bd at hat our to anne candle light,
THR JUDGE'S KITCHEN. Lord Kenyon, the Chief Justico, being noted for his rsimony, one day, speaking of the expenses of hoasd- ug, said he bed lately been obliged to pay for a new spit, “Ob! my Lord,” aaid Jekyll, * nothing turns upon. nt,”
A MAN WHOSE LIVIXG COST NOTHING.
Jekyll, Master in Chancery, told a st about cheap Aiving acd sttsany bb ones (cid bite hia cattagy ekg HO
RECREATIONS OF JUDGES AND LaWyERS. 351
almost nothing, for, “On Sunday,” said he, * [always dino with my old friend, and then eat so much that 1 lasts till Wednesday, when I buy some tripe, which I hate like the very devil, and which mukes me so wick that I cannot eat any more till Sunday again”
‘THE JUDGMENT OF SANCHO PANZA, CHIEF JUSTICE OF BARATARIA,
Tn “Don Quixote” we have the following masterly de- cision on an exceedingly diflicult point of Inw : “My Lord,” said a stranger to Sancho Panza, after his first. breakfast in Barataria, “a large river divides in two parts a certain manor. I beg your honour to lend me your attention, for itis ncnse of great importance and some difficulty, Upon this river there is a bridge, at the one end of which stands a gallows and a kind of court of justice, where four fades used to sit for the enforcement of a certain law made by the lord of the manor, as follows : * Whosoever intends to pase from one end of this bridge to the other must first, upon his onth, declare whither he goes, and what his business fs, If he awear truth, he may go on; but if he swear false, he shall be hanged and die without fail w the gibbet at the ond of the bridge.” After the promu tion of this law many people, notwithstanding its soverity, ventured to croas the bridge’ and as the judges wore satisfied that they swore the truth, they allowed such people to pass unmolested. At Inst, a passenger being sworn, doclaros that he has come to dio upon that gallows, and this ix his only business. ‘This paint pnt the ju to a nonplus; for, inid thoy, if wo lot this man puss frocly, he is forsworn, and aceording to the letter of the Inw he ought to die: if we hang him, he has sworn truth, socing he swore that he was to die on that gibbet, and then by the same law we should let him pass.” Pansa, 0. J.(¢ argument). “Come hither, honest man; either Tam o very dunce, or there is a8 much reason to put this pas- senger to death as thece is to let him live ‘the bridge; for if the trath save him, the lie equally can- demus him. And this being ao, as it really ts, I am of
‘inion you moat tell the gentlemen who sent you Wither
lat, since the reasons for condemming and aequittimg Waa ]
352 CURIOSITIES OF LAW AND LAWYRES.
are equal, ought to let him freely, for it is alway peat! in to do a pays: And this I would give under my if could write, And (tae teen Spal: not of my own head, but wy jority of m precept given mo among man} Spams in cereus ee ere be or is i i, which waa, when justi eppane to eta ‘the’ Lanse ‘loabifal'T about leoa ant inc! ine to the side of merey. And God bas been to make me remember it in the present case, to which it
applic so pat.”
Tt docs £0,” answered the steward, “and for my part, Saka cation lave wiecteel c tote Wie mot could not mi a
U5 pS gas ‘An let ‘there
THE LAWYER AND THE PREACHER
A celebrated Scotch preacher and i WAS Visit Coidnisnet nine a ee a ie a itation of indulging in practice. mini os ised to mel ibens two other members of his flock, whose relations with the solicitor were not at the
conversition the solicitor, alluding to some disputed appealed to the minister: * Doctor, these are members
flock; may I ask whether you look on them ay Tick or ax white sheep?" “I don't know,” answered the minister, “ whether they are black or white sbeop; but this I know, that if they are long here they are pretty sure to be fleecedd.'*
~—
‘THE LAWYER AND THE MILITARY OFFICER,
A military officer and a lawyer were talking of the disastrous battle of Auerstadt,and the former was lament ing over the number of brave soldiers who fell on that occasion. The lawyer observed that those who live by the sword must expect to die by the sword, ‘The offiege
: “By & similar rule, those who live by the law mast expect to die by the law 1"
RECREATIONS OF JUDGES AND LawyEnS. 353
A LAWYER ONCE STRUCK IN THE FACE BY THE STREET.
Lord Rockville, a son of Lord Aberdeen, and a Scotch judge of Iast century, and who was said to be dignitied and urbano, had been, before attaining his eminence, much addietsd to te 2 On going late to one of his appointments, very mune! disfigured in the face and disreputable in appearance, he explained to the company how it happened: “Gentlemen,” aaid he, “I have just met with one of the most extraordinary adventures, “As T was walking along the Grassmarket, all of a sudden the strect rose up and struck me on tho face.” This account entirely satistied everybody,
Another still more eminent judge, Lord Keepor Guild- ford, when a young barriator, riding cirenit, had one day taken so much wine, that he bocame quite drank, and his sprightly horse carried him off into the middle of adecp pond. If he had not beon rescued by Mr, Card, an attorney of Gray's Inn, “he had been lost’; for which service hia lordship ever had a value for Mr. Card.” Tho eminent counsel was taken to a public house and put to bed, and his brother Roger saya: “I remember when his lordship told this story of himself, he said the image he had when his horse first trotted, and so faster and faster, wos as if his head knocked against a | sheet of lead as a ceiling over him; and after that he renee bas nothing at all of what happened till he awoke,”
A LIAMNED COUNSEL FRESSICD TO SING.
Lord Kollio, a man of convivial powers, was in company. with Mr. Balfour, a Scotch advocate of humour, but very formal in his manners, and abstemious, and pressed the latter to sing a song, or tell a story, or drink a bumper ; one or other he must do, and there would be no escape. ‘Tho counsel then told this atory in a ieee style, “One day, a thief, in the course of his rounds, saw the door of & church inviti open, and he walked in, thinking to secure something usofol. Having sscuced. the pulpit cloth, he was retreating, when \o\ he Seah
364 CURIOSITIES OP LAW AND LAWYERS.
the door shut, After some consideration, he only means of eacape left, namely, to lot hi ropes, the bell of cours
THR JUDGES FISMONGRR,
When Lord Lou; eee ee ae eee ae Common Pleas, and Lord Kenyon Chief Justice of the King’s Bench, a fishmonger near Lincoln's Inn Fields ied both their tables with fish, and it was his custom to set oat the different articles in lots, aud ticket the name of the purchaser on each lot, and haog it up con spicnously in hia shop. One thero were two as follows; “Lord cog b, two turbots, six hen lobsters, four doin smolts, ono red prawns” “Lord ir ey ono haddock.” A gentleman passing, observed to the fishmonger on the difference between the two ordors of his friends, the Chief Justices, Tho Teh bed lave eniong yon total us which wil prow wyer among you to toll mo which wi vo aed aati Ly
THE JUDGE AXD Tine siterMmEenD.
Lord Cockburn, the Scotch judge, waa sitting on the hillside on his estate of Bonally, near Edinburgh, talking to his shepherd, and speculating about the reasona why liis sheep Jay on what seemed to be the least sheltered or coldest situation on the bill. Said his a “ Jobn, if I were a al Twould He on the other of the hill” Tho ord answered, “ Ayo, my lord, ‘but if yo had been.a sheep yo would have had mair sense.”
A CHANCELLOR'S OWL-LIKE WESDOM,
Loni Chancellor ‘Thurlow's face was so remarkable for the appenrance of wisdom, that the Duke of Norfolle
RECREATIONS OF JUDGES AND LAwrERS. 355
called one of his owls ab Arundel Castle by the name of Lord Thurlow, from its imaginary likeness to his lordship, One morning, the Duke was closeted with his solicitor, and in deep consultation about electioneering business, when the old owl-keoper knocked at the lil door, and said: “My Jord, f have great news to tell your .” “ Well,” gaid the duke," what is it?” “Why, my lord,” said the man,“ Lord Thurlow has laid an egg this morning.” Tho Duke, at the moment, had forgot all about ‘the owl and its nickname, and was amazed ; but, on being reminded of the real facts, felt that he owed an apology to the solicitor, whose profession was grosaly sean od by such familiarities with the sourve of all wisdom.
A LOND CHANCELLOR AND THE RING-DROFTERS.
Lord Chancellor Northington, on a rainy afternoon, was walking along Parliament Strect, when he picked up 4 handsome ring, which was immediately claimed by a
ntloman, who said he had droppod it, and on receiving hia lost treasure, was so joyful and grateful that he in- isted on the unknown finder accompanying him to an adjoining coffeo house, to crack a bottle at his oxponac, The Chancellor, not disinclined to humour the stranger, followed him, and thoy drank together and talked on indifferent topics. Soon they were joined by the usual confederntes, who proposed a game of hazard, The Chancellor overheard one say to the other: “D— the dico, he is not worth the trouble ; pick the old flat's pocket at once.” The Chancellor thought it time to discovor himself, and told them, after doing so, that he would overlook their attempts if they would frankly confess what it was that induced them to suppose he was such aflat. Instantly, with all respect, one of them replied : “We beg your lordship's pardon, but whenever we see a
tleman in white stockings on a dirty day, we consider Giiin aecilal Biguon and pack is foathors as we hoped to do your lordship's”
A AUDGR WILO VISITED ALL THE GutaT FinKs,
Enikine liad a'mest singular propansity tor witnessiog, fires, and has been known to leave Gre Bune of Comer |
856 CURIOSITIES OF LAW AXD LAWYERS,
in the midst of a debate, on bearing that a
was to be seen within a mile, ‘idan rp te chimney could not smoke in the Borough without Exskine's knowledge.
A CHANCELLOR'S ATTEMPT AT POETRY.
Lord Eldon ones exposed one of his many weaknesses by sng following imbecile composition of bis own from thrown into the fire>—
“Can it, my lovely Bessy, bo Teal ian noc tet oes ae pal T stall my lovel eee Dearer and at the bast ?
Nor time, nor ‘or age, hor care, elieve mo, lovely Hes, wall ‘Much a» his framo they daily wear -AMffoot the hoart that's Besay's still.
till an Heaven we're gained,” ‘True, till an Heavon we're gained,
LORD CHANCELLOR RUSKINE'S LOVE OF ANIMALS,
Rotnilly related n visit to Lord Erukine, after he ree t wal. “Lord Erskine has always ox-
pressed and felt w great s srmpaihy with animale, He
he was to bring into Parlia-
REOREATIONS OF JUDGES AND LAWvERS. 357
He had been blooded by therm Inst autumn, when he had been taken dan; ly ill at Portsmouth; they had saved his life, and he brought them with him to town, had ever sins kept them in a alas, had himself every: day given them freah water, and had formed a friendship with them. He said he was sure they both knew him, and were grateful to him. He called them Home and Clive, after the two celebrated sur; 1 It is im- oasible, however, without tha vivacity: the tones, the letails, and the gestures of Lord Erskine, to give an adequate idea of this singular scene.”—Romilly’s Life.
‘THE JUDGE AND MS DOG AT cHUReTT,
Lord Hermand, the Scotch judge, had a large New. foundland dog called Dolphin, which used to go o whore with him, and even to church on Sunda = He master taught him to place hix huge pawa on the book- board, and rest his head gravely thereon like a country farmer, The dog scemed to relish adie of his duty, and when the judgo could not attend, wont itaolf to church and devoutly listened. And when there was no rervieo in the parish church, the dog was oven liboral enough to attend the dissenters’ meeting house with apparently equal relish and spiritual rofreshment.
A GREAT JUDGE WHO WOULD SEE ALL THE SLOHTS,
‘One of Lord Stowell’s weale points was a morbid eraving to see all the exhibitions in the town. One day in Holborn, he entered, w to Kee " the green monster serpent," which the publie had beon invited to visit thera "Ag he pulled out his purse to pay for admission, a sharp but far too honest country fad whe took the money, recognizing his old customer, and addressing him le name, said: " We can’t take your shilling, my lord; “tis t old serpent: elie have seen six times before in
colours, but yo el go in and have ee nothing.” He then at once entered, intensely delighted at this unlooked-for exemption from toll, and fosated his eyes on the painted snake for the eeventn tame.
|
858 CURIOSITIES OF LAW AND LawyEns.
LORD CHANCELLOR'S GARDENER,
eo ee ee Beote' jener, who ence coming to eam i i that tho it burnt
up all and was killing the shrubs, he said to Jol: * Well, John, all that Tcan do for you is to order the hay to be cut down to-morrow morning; and if that does not bring rain, nothing will.”
‘Ho encouraged the jokes of others, when ovon a little at bis ex) eC Betia teach Rena y he joined in tho when Colman exclaimed, * perccive your lordship has still an eye to the woolsack.”
A CHANCELLOR HAWKING BROODS.
Lord Evskine parted with his rty at Hampatesd, Bad triaghied tected Bases which tarned out an unfortanate speculation, for it produced nothing but stunted birch trees, nnd was found irreelaimable. To Irasen his loas, he set up a manufactory of brooms. One of the mon he employed to sell them about the countey, being taken before a magistrate for doing ao without a Vicente, contrary to the “ Hawkers’ and Podlars’ Act,” ‘be went in person to defend him, and contended there rasa clause to meet his vary cue Diss Sess a it was, he answered, “The sweeping clause, your worshi which is further fortified by a proviso dat ‘nothing herein contained shall prevent or be construed to prevent any proprietor of land from vending the thereof in/any manner that to him shall seem fit.”
COUNSEL'S THREADRARK COAT. Ethane being told by ‘ vile te his coat ‘was much too short, answered, “Tt wi enoagh ‘before T get another.” =
JUDO MARING IUMSKLY AYFARLE TO COUNSET.
Lord Redesdale, from the English bar, having been angola alee of To net ot laa having hoard that tho Irish barristers wore witty,
KECKEATIONS OF JUDGRS AND Lawyzns. 3359
was revolved to be very polite and complimentary. Ab one of his dinner parties, he thas weleomed Mr. Garrett ‘errall, & genuine epecimen of the sons of the soil: “Mr. Garrett O'Ferrall,” said the Chancellor, “T believe pe are from the county of Wicklow, whore your family ‘ive long hold considerable property, aro very numerous, I think I was introducod to several durin my late tour in that county.” “Yes, my lord,” repli O'Ferrall, “wo were very nwmerous, but so many of ua have bocn lately hangod for shoop-stealing, that the name is getting rather scarce in that county."—2 O'Flanaghan’s Ivish Chane, 294,
A JUDGE ON SERIEANTS,
One of the serjeants coming in too Inte for dinner, at Serjeant's Inn, found no place left for him. While he was waiting for a sent, the Chief Justice, Tindal, called out to him, " What's the matter, brother? you look like an outatanding term that’s unsatiagted.”
A eerjeant was talked of one day as being o sound lawyer. Tindal remarked, “Well, that gives rise to a doubtful point, whether roaring is unsoundness.”
At the assizes at Buckingbam, a leader in one court ‘was addressing s jury,and spoke so loudly, that the Chief Justice, when delivering his charge to the jury, enquired what the noise was, On boing informed that Serjeant B. was opening a caso in the next court, " Very well,” said the judge, “sinee Brother B. is opening, I must shut up," aes directed the doora between the two courts to al a
LIVING ON SEATS.
When pinchod by reaming poverty, in his old day Sant Hinkine would couuisoslly: Hise wiih regret of the very short period Be had enjoyed Hs Tudcativa’ediae of Lord Chancellor. Captain Parry, the famous navigator, talng asked at a dinner-party what he and his crow had lived upon whon they were frozen up in the Polar Sea, anid, “thoy dived upon seals,” “And very good living, too,” exclaimed Erskine, “if you keep how long, ensign
360 CURIOSITIES OF LAW AXD Layyans,
COUNSEL SUBSCRIBING TO A TESTIMONIAL.
‘The late worthy Sir John Baty havin; that a testimonial should be presented ‘a hist the British nation, for hia eminent public services, in answer to one of his cirenlans, Erskine wrote on the first < aletter in x flowing hand these words, which tilled the bottom :—
Mr Drax Sa Tous,
_I am certain eeware fein thie Kings who set e higher valve secvices than inyself, and I have the hooatr Womtecrten
Theu on tarning over the leaf was to be found —
Your moat obeliset faithful sarvanh, T. Beare,
LORD CAMDEN'S FRIESDSUIT YOR GARRICK, THE ACTOR.
We learn from the inimitable Boswell, that Lord Sat rage leet ten, hee, gpm Oe Garrick, whono “death eclipsed the gaioty of nations.” “I told him,” mys this prines of biographers, “ that ons morning when I went to breakfast with Garrick, whe was very vain of his intimacy with Lond Camden, he necosted me thas: ‘Pray now did you—did you mevt m little lawyer, tarning the corner, eh?’ ‘No, sir said iy tie what do ‘rg mean by the quastion I" ‘Why, replied “Garrick, with an affected ifference, yet as otandi on Uplon, vLeael Cameent baa thie toast TA "Well ar, Garick talked ery. propetiy : Lond Camden x sir, s wan ite Layer to te aang rniliarly with » E Bat, in another mood, Jolinson id have opie oprdlaee lee
Feter sroataae ehiat ha evar tab tee ish stage — 5 Camp, Chanc, 354, =
RECREATIONS OF JUDGES AND LAWYERS. 361
A JODOK ENGAGING A SERVANT.
Lord Braxtield, a strong but course Seotch judge at the beginning of the nineteenth century, when a butler gave ‘up his place because his lordship’s wife was always seold- ing him," Lord,” he exclaimed, * you've little to complain of; ye may be thankful ye're no married to her,”
On another occasion Lord Braxfield once said to an eloquent culprit at the bar, “ Ye'ro a vera clever chiel, man, but ye wad be nane tho wane o' a hanging ”"— Lockhart's Lifo of Scott, chap. 48,
A JURY INSTRUCTED BY A JUDGR
‘Mr. Horner (the father of Francis Horner, M.P.), who was one of the jurors in Muir's cuse, told Lord Cockburn that when ho was passing, as was often done then, behind the bench to get into the jurors’ box, Lord Braxfield, who knew him, whispered, “Come awa, Maister Horner, come awa, and help us to hang ane o' thae dammed scoundrels,"—Cockburn's Mem.
LORD KLLERTOROUGH'S ATTENTION IN PARLIAMENT,
Lord Ellenborough, in the House of Lords, when Lord — yawned during his own speech, snid toa brother peer, "Come, come, the fellow does show some symptome of taste; but this is encroaching on your province,”
Lord Ellenborough was onco met going out of the House of Lords while Lord ——was speaking. Said hia friend," What, aro you going?” “Why, yes,” eaid Lord E., “Tam necountable to God Almighty for the use of my time.”
JUDGE A HAD Stor,
Lord Eldon was very bad shot, and aa he went out alone, he often bonsted “of the heavy bags ho brought home, Indeed, he was called by the nick-name of “
” Lord Stowell, bis brother, Berne great, doubts. about the authenticity of the contonts of these bags, used to say that * My brother takes his game, I guess, woh. \og doscent bat by purchase.”
862 CURIOSITIES OF LAW AND LAWYERS,
PUTTING THE HOUNDS IN CRATE
When Lady Rolle refused to allow ber hounds to go got othe nt on he, dat ober hasan arid Tepe rey hether there would be any barm ee ress I ee of crap wae hi round T hardly think,” obsery Suntice Tindale "th teal erage tas te esr, Cag wil BR once in full cry.”
THE LAWYEE AND THE PHYSICHAN.
Lord Stowell, mooting the physiel asked a question as to the mana, Sir Henry, knowing his man, and that pot carry a feo, made, with malice aneear ga answer: “ Well, you know, a man's i is generally. in his own keeping, You remember the old saying t thas, ab forty, overy man is either a fool or a ph Stowell en) |, “May be not be both, Sir Honry 1"
revenge, far some one mentioni ae in that the bon wiewn! peor wax “complaining of hix bowels,” he drily answered, * Then he is tho rotet Baga fal man wpon earth!”
Counsellor Ci was one of a party at Castle Morton, whore another of the party, a Dh ack, had strolled out before dinner into the ch sald a When dinner began peter ee pry » to the sui of tho guests, the
counsellor said, “Oh, never mind, as just stop oat to Pay 4 visit to tome of his old patients.”
THE OLD LAWYER'S YOUNG WIFE,
Sir William Scott, afterwards Lord Stowell, in 1513, bei sisty aight yeara old, married tho Marchioness oh te nerd bok eo ‘She was liberal and he was and parsimonious, He went from coorareoue to live in her house at Grafton Street, Bond Street, and, with an eye to economy, took his own door plate and hnd it fixed under Lady Sligo’s Jekyll,
the atc cootitea thaw Se to observe the position, Lesley comloled with Sir William on oe thas i under. Sir William, not relishing thes banter,
REOREATIONS OF JUDGES AND LAwyEns. 363
ordered the plates to bo transposod, and next time ho mot Jekyll, he triumphantly remarked, “You see I don’t knock under now.” “ Not now,” retorted Jckyll; “now yon knock up!”
Tady Sligo could not agree with her matrimonial judge, and gonorally went hor own way, and while travelling with her niece in Gormany, died, after a few days’ illness, in 1817, Sir William was then travelling in Switzer- land, and there be continued some weoks after he received tho ead intelligonee,
A YOUNG GOUNSED ENGAGING APARTMENTS.
Baldie Robertson, a Scotch advocate, asked Boswell to accompany him to cheapen a eouple of rooms of Luckie Rannie’s, She told him, “Sir, you shall just have them for @ guinea a week, you furnishing coal and eandlo,” Baldie, with much emotion, cried out, “But I tell you, woman, T have no coal and candle,”
A COUNSEL WHO READ WITH ERECT.
Robert Cullen, w Seotch advocate and famous mimic, and afterwards a judge, had a wretched manner of hia own. One day he was reading Lord Mansticld’s admirable
ech on the Privilege Bill to his brother advocates.
w of the advocates said, with a laugh," To hear Cullen read Lord Manslield’s speech, wa like hearing a piece of Handel's music played on a Jew's harp.”
‘THE CURATES EYES WHILE PREACHING,
Lord Justice Knight Bruco often, during n heavy angus ment, sent down notes to one or other of the counsel, containing jolces or satires on tho cus, or on something anid by tho other counsel. On one occasion a case involved some allusion to the effect of the preacher's eyes on ladies attending church. The judge said ono of the registrars of the court had translated a French epigram as follows for him on this wubject, and it was very good s—
“Tho curate’s eyes our ladiog praise | Tnovor sow thoir Yight divine 5
Ho nlways shuts them when he prays, ‘Mail hast ho proaehas, dope mone
B64 CURIOSITINS OF LAW AND LAWYERS.
A RETIRED JUDGE BELIEVING HE WAS DEAD,
Sir John Bloneowe, who retired from the Bench in 1722, at the age of eighty, outlived hi and thi ho had discovered tbe longitu: cecasion ho insisted that he was dead, and sorvant to lay him out, So, to indulge tho laid on the carpet. After a little the servant fied that Sir John was coming to ij alae Sic Jobn thought tho samo thin; assonted to being assisted to get up,
Whilo lic was old himself, the judge oo old ago in others. His wife suggested that they pension off an old stone breaker on the ostate, as 80 old that be only spoiled the work and did But tho worthy judge replied: “No, no, he pleasure in thinking That ho i of fourscore and ten ; but if you turn him off, of grief.”
Hie
. EE
>
i 4
HH
; BE
i
F.
i re £ 8
AN OLD JUDGE CONTRIVING TO BE SHOT.
and T myself have been shown the rotten stamp of am old oak under which he is said to have fallen, and {tis ealled Hankford's Oak to this day.”
THURLOW'S SALLIES.
Erskino used to tell the that Thurlow once said to Goorgo IV. when Prinee of Wales, " Sir, your father will continue to be a poy king, a a8 he continars to go to church o1 anil to be faithfial to that ugly woman, your mother; bat you, sir, will never be popular.
RECREATIONS OF JUDGES AND LAWYERS. 365
When Thurlow was in his last illness, and his sorvants wore. carrying ‘him upstairs to his bedroom, they hap: pened to let his legs strike against the banisters, upon which ho uttered the last words he ever spoke—a fright- fal imprecation on “all their souls”
Dunning was an ugly man, and one night, as he was playing at whist at Nando’s coffeehouse, with Horne
ke and others, Thurlow called at the door, and desired tho waiter to give a note to Dunning. The waiter said he did not know any ove of that name, wheronpon Thurlow said, “Tako the note upstairs, and give it to the ugliest man you see in the room, If there's any one with a face like the knave of clubs, that’s the man, and give it to him,” Tho eminont counsel was discovered at once by this description, and received the note,
JUDGES WEARING THEIR WIGS IN SOCIETY,
In the midst of all the distinctions showered on Lord Eildon, one object for which he struggled he could not yet obtain, To please Lady Eldon, who had a just horror Df the wigs with which judges were then distigured in society, he prayed the King that when he was not sitting in court ho might be allowed to appear with his own hair, observing, that so lately as the reigns of James 1 and’ Charles 1, judicial wigs were unknown. “True,” replied the king, “I admit the correctness of your atate- ment, and am willing, if you like it, that you should do as they did; for, though ‘they certainly had-no wigs, yet they wore long beards.”
THE POPE AND THE PRETENDER.
‘The Irish counsellor, aC pled Mall Le re swagger- ing, smirking person, who alfec wit, was talking with Keller, who insinuated that Norcutt was favourable to Catholic ¢mancipation—a question of the day. “ What!" said Norcatt, in a pompous way, “ What! iy, Keller, do you see unything that swacks of the 'Pope’ about mot” “I don't know,” said Keller; “ bat, at all events, there is a greut deal of the ‘pretender,’ and I always understood them to go together.’
366 8 ©— oUniostrins OF LAW AXD LAWYERS.
HALF AX HOUR TO SEE A JOKE |
very slow and dull man, aud Erskine, the leader |
‘A SERJEANT LAMPOONED BY SWIFT.
etc ert a ey Bree
“So at the bar tho booby Bottesworth, hall-worown o'erpays his swest's worth,
‘Who knows in law nor text nor margent,
Calls Singleton his brother serjeant, ‘The ity eg penne OF whi pied rt” (tea On ar, “Of what it pray, sir?!” lean. “Oh, Mr. Dean, as niger pees ok ella. Tam come to
tbewe villainous lines on me.” Swift replied, quoting the advice of Lord Somers, “never ‘sownee dares in thin affair, lot mo tell you your gown ia your protec- Yahoos, who bad climbed up to the top of a hij roathindt?
A JUDGE ON PAHOCHIAL FEASTS,
Lord Stowell wax of a lively temporament, and ex. tremely fond of soekety and its good living. He sekwow-
REOREATIONS OF JUDGES AND Lawyens. 367
ee to Mr. Croker that he was very convivial, and ily confessed his partiality to a bottle of port, | One day, when some one objected to the of hav! dinners for pariah or public purposes, “ Sir,” said Lo Stowell, “I approve of the dining systom; it puts people in a good humonr, and makes them agree when they otherwise might mot. A dinner lubricates business.”
LAWYERS IN FULT BUSINESS AND THEIR NOVEL READING.
Wilberforco said that one of tho most remarkable things about Sir 8. Romilly was, though he had such an immense quantity of business, he scomod always an idlo man, If you had not known who or what he was, you would have said, “Hoe is a remarkably gentleman-like, pana’ man; I suppose, poor fellow, he hasno business ;”
for he would stand at the bar of the house and chat with you, and tall: over the Inst novel, with which he was as well acquainted as if he had nothing else to think about, Once, indeed, I remember coming to speak to him in court, and seeing him look , and with am immense pila of papers by him. ‘This was at a time when Lord Eldon had been reproached for having left business undischarged, and declared that he would
t through all arrears by tor | until the business was Mone, ANIL wank pte Romilly, Lond Bde. eke oe and beckoned to me with as much cheerfulness and gaicty as possible. When I was alone with Romilly, and tsked him how he vas, be answered: “Tam worm to death; here we have been sitting on in from nine in the morning until four, and when we leave this place, I have to read through all my papers, to be ready for to-morrow morning; but the most extra- ordinary part of all is, that Eldon, who has not only mine, but all the ather business to go through, ia juat ns choorfal and untired as ever."—2 Law and Lawyors, 204,
CHANCERY LAWYRR READING NOVELS,
Lord Eldon once astonished the bar by saying that, during the Long Vacation, he haa rend " Paradiso Lot ;* but it was shrewdly suspectedt ho had only stewwoxweN
|
368 —CURIOSITIRS OF LAW AXD LAWYERS.
over; tering to, find out “the charging part” Ha did
I, the famous Chancery pleader did, who,
asked how be found time, answered, “I soon find out the ehurging part,” that is, the part wherein lie the virtue of a Bill in Chancery.
THEATERS AND THE “GODS”
‘O'Connell told Moore of a curious ji ent he once heard Corran deliver, ss Master of the ina coe
allowed, not only would the theatre be proportionall Tica; ly wl wired scaaciee grabnenony eau ing would go without applavse.”
CENSORSHIP OF PLAYS
of publications, though long since confessed to be so ms to all others.
By the Act of 1843 overy person who shall cause to be acted, or for hire shall act, ai new stone: pier ae cpa peoples eee same have been Patiekg Lord Chamberlain, or after it has been di shall forfeit a sum of £50, and tho licence
RECREATIONS OF JUDGES AND LAwrens. 369
for such theatre shall become absolutely void. A a play includes nearly every kind of entertainment of the
, including opern and pantomime. And though mere tumbling is not an oporatic porformanee, yet where there is little else than dancing and pantomime it will be a question of fact whether it amounts to this description. ‘Anda dialogue between two persons in costumes and characters satisfies the description of entertainment of the stage. But the Lord Chamberlain’s allowance was carefully stated to be unnecessary for such theatrical representations as are given in booths or ehows allowed by justices at fairs and feasts.
RIGHT OF HISSING AT THEATRES.
It has beon sometimes thought that as theatres are intended for the resort and recreation of the public, there are peculinr priviloges if not absolute rights on the part of the public, and that the proprietor of the theatre ix much le merey, and cannot refuse to admit any person who chooses to enter on: paying the appropriate pie But this is founded on confusion of Hoan, A heatre differs in no respect from a shop, or a building where a public meeting is held, or where the public are invited for a particular purpose, and it has been seen how far the exclusion of the public can be carried by the proprietor for the time being of any such place of meet- ing. ‘The proprietor can at all times request a person who has paid foradmiasion to leave the ballding, whether he has misconducted himself or not, and the person so raquested has no alternative but to leave, and may brin; su) action/for’ breech of coitract and: for repaywead, of hi money, but has no other remedy. ‘The impradenco of ao, excluding a peaceable person is obvious; bué the law is bound to regard only the strict rights of the respective partios to the contract, and a guest cannot
i with the master of the building about remaining, whon bis proconce is objected to,
On this subject Sir J. Mansfield mid once, “I cannot: tell upon what grounds many people conceive they have aright ata theatre to make such prodigious noises ws is prevent others from hearing what is going forward on Soe |
870 cUnIOSITINS OF LAW AND LAWYERS.
THEATRE YeRsvs CIRCUS
‘THE ACTOR AND THE EMINENT LAWYERS IN A STAGE COACH. Charies Mathews, the first, was travelling the stage ecach from the north, ane cold. with gue ! during the reign of TV., when bo had two unknown fellow passengers, onc of whom had thrown a lange white
dreadful, Sheep eerie one of the Papops eo out and begged him to hold his
‘was a nuisance, Hoe was still more
Mathe: amused, told tho man cor Iy, Chak that was Hullock in the corner nalecp, and the one opposite, in white
i
RECRRATIONS OF JUDGES AND LAwYeRs. 871
head-gear, was Lady Hullock, and he himself was Mr, Bruffom, Tho effect of this announcement was electric. ‘The man felt alarmed,and wanted togoout atonce. In his abortive efforta, Mathews imitated the squalling of a child, as if Lady Hallock had one under her arm, and the boor begged pardon for hurting the child; and Baron and Lady Hullock wore adjured again and again, almost, piteously, to forgive him, He was so uncomfortable that he
tho first opportunity to escape guiatly, being foarful of some appalling legal retribution that might overtalce him and smite him to the ground, for taking such great names in vain,
MDUCKING A JUDGE ON THE STAGE.
Charles Mathews, the first, was so successful in imitating Mr. Curran, tho Irish Master of the Rolls, that after tho doath of the latter, when giving bis imitations in a friend's hhonse, the widow, who was accidentally in another room, shrieked with horror at the well-remembered voice, The actor was also so successful in imitating Lord Ellenborough, in tho character of charging the jury in tho play of “ Love, Law and Physio," that the audience roared and shouted thoir delight. The noiso of this success reached the Princo of Wales (George LV.), who invited Mr, Mathews to Carlton House, where “a circle of twenty persons were
resent. ‘The Prineo told Mr. Mathews he had heard of
is excellent mimicry of Lord Ellenborough, and as be himuclf (the Prince) professed to do Lord ‘Eldon, the Chancellor, Pretty wall he begged a specimen ofthe Chief Justice, which was given accordingly with great applause. As, however, this was a dangerous sustes, Mr. Mathews prudently ceased to repeat this exhibition.
THE JUDGE COMPLIMENTING THE ACTOR.
In 1775, a conspiracy was entered into to drive Mr. Macklin from the stage, and the conspirators were in- dicted. The prosecution was very costly to Mr. Macklin, who however agreed, after the conviction of the defen- dants, that if his cots wore paid, and tickets for certain benefit nights were taken to the value of £800, ‘hs wos. not press for further punishment, Lord Manse ean
872s CURIOSITIES OF LAW AND LAWYERS.
Mr. as an actor,
he never acted better in bis life than be had done that a was accepted, and the matter ended. Lond observed as to tho law, that the right of
jcorted Playing but also to drive him from the theatre and promote his utter ruin.—Peake's Colman Family.
COMPLAINT OF PLAYS INCREASING THE NUMBER OF ‘THIEVES.
thinking the theatre is ope of the very few houses in the neighbourhood that does not contribute to increase the number of thieves.”
Mr. Peake, the biographer, says that, “Inthose Jonathan ae days, Mr, Colman’s reply to tho magistrates was severe,”
373
CHAPTER X.
ABOU? THE LORD CHANCELLOR AND THE GREAT SEAL.
GREAT SEAL, ORIGIN OF ITS USE AND OF THE OFFICE OF LORD CHANCELLOR. —
Lord Campbell thus explained the origin of using a Great Seal, From the art of writing being little known, seals became common; and the King, ling to the fashion of the age, adopted a seal with which writs and
rants were sealed, This waa called the Great Seal, and the custody of it was given to the Chancellor.
For ages to come tho Chancellor had no separate judicial power, and was not considered of vory high dignity in the State, and tho office was chiefly courted as a stepping-stone to a Vishopric, to. whieh it almoet invariably | Particular individuals holding the Groat. Seal acquired t, ascendency from their talents ; but, among the Anglo-Saxons, the Chancellor was not geno- rally 4 conspicuous member of the government, and in the early Anglo-Norman reigns he ranked only sixth of ‘the great officers under the Crown, coming after the Chie? Justiciar, the Constable, the Marischal, the Steward, and the Chamberlain, At this time the Chief Justiciar vena by far the greatest subject, both in rank and power. He was generally taken from among the high hereditar}
Pie fancdleats Weta ances, pestinel ahah {adlaaly he sometimes led armies to battle; and when the Sovereign was beyond the sea, by virtue of his office, as regent, he governed the realm,
GREAT SEAL AND OTHER SEALS.
Tn carly times, the King used occasionally to dekveer Na the Chancellor several scals of different walenals, v Gos ‘
OURIOSITIES OF LAW AND LAWYERS.
of gold, and ono of silver, but with the same impression, SAighp elon oy hones we atill tale
m of tho rival Gret Seals uae by ie King and iament during the Civil War, in the time of
there has not been for many centuries more
ha ao yi a Gale vw rete, OF on 8 Sbagw of the al arms or style,
an order is mado by the in il fora new Great Seal; the old one ix publi iy broken, and the fg ments become the fee of the Chancellor.
‘The close roll abounds with curious details of the careful manner in whieh this Great Seal was kept in its" white eapcinn. fees silken purse,” under the private seal of
‘There was a rule that he should not
take it out of the realm ; and this was obeerved iy
Chancellors except Cardinal Wolsey, who, in 15: carried it with him into the Low Countries, and writs with it at Calais; a su violation of daty, which formed ono of the of his impeachment— 1 Camp. Chane, 27.
TE GREAT SEAL, 173 MEANING AND PURPOSE.
Lord Campbell makes these observations respecting
the Great and the mode of applying it Tt in cone sidered the emblem of voversignty—tho clavis regai— the only instrament by which, om solemn occasions, the will of the See be expres. Absolut faith is universally rhe et tes ere under the Great Seal, as having been Micky coaked Sith tt by. the authority of the Sovereign.
‘The law, therefore, takes anxious precautions to guard against any Ula t ‘To counterfeit the Great Seal
is sil an there aro only certain modes in the the gwoulne Great Soal can bo lawfally used. —1 CHANCELLOR A TRAINED JUDGE,
Sir Robert Parnynge, who, in 1341, hold the Great esl, wan: the Gent galery Weed eampoica lairgiec wa
LORD CHANCELLOR AND THE GREAT SEAL. 376
was cver appointed to the office of Chancellor in England.
Lord Chancellor Shaftesbury, in the reign of Charles IT,, yrs the lat Chancellor appointed who was nota trained lawyer.
WHEN CHANCELLOR REQUIRED TO BE A TRACNED JUDGR.
‘The business of the Court of Chancery had so much increased in 1558, that, to dispose of it satisfactorily, ro quired a judge regularly trained to the profession of the tay, and willing to devote to it all his onergy and industry. The Statute of Wills, the Statute of Uses, the new modes of conveyancing introduced for avoiding transmutation of possesion; the questions which arose respecting the property of the dissolved monasteries ; and the great increase of commerce and wealth in the nation, brought such & number of important snits into the Court of Chancery, that the holder of the Great Seal could no longer satisfy the public by occasionally stealing a few Hours from iis: political ccoupatione, to, dispone.of bills and petitions, and, not only was his daily attendance demanded in Westminster Hall during term time, but it ‘was necessary that he should sit for a portion of each vacation, either at his own house, or in some convenient place appointed by him, for clearing off his arrears, So, a month after Lord Chancellor Heath's death, Queen Elizabeth found out a thorough business man.
On the 22nd of December, 1558, we are told that, “between the hours of ten and eleven in the forenoon, nt the Queen's Royal Palace of Somerset House, in the Strand, the Queen, taking the Great Seal from its white louther bag and red velvet purse, before the Lord Trou surerand many others, delivered it to Sir Nicholas Bacon (father of Sir Francis Bacon), with the title of Lord Keeper, and all the powers belonging to a Lord Chancellor ; and he, gratefully receiving it from her Majesty, having sealed with ita summons to the Convocation, returned it into its leathern bag and velvet purse, and carried it off with him, to be during the good pleasure of her Majesty." —2 Camp. Chane, $8.
876 «= CURIOSITIES OF LAW AND LAWYERS.
THE LORD CHANCELLOR IN PARLIAMENT. By astunding order of the House of Lords, the Lord when addressing their Lordships, is to be uncovered ; but he is covered when be addresses others, toda ing a deputation of the Commons, ‘i in his official capncity in oe Bop ve otiee nop! of Home Commons at ote hee Tesae bears in is hand the containing (or Bu; posed contain) the Great dati ta 2
purse-bearer, or lies before him as the emblem
authority. When before a committee of the
Honse of Commons, he wears his robes, and is attended
‘by his mace-bearer and purse-bearer. Being seated, he
pats on his hat, to assert the dignity of the Upper House,
— aes uncovered, gives his evidence—1 Camp. 1c,
LORD CHANCELLOR'S APPOINTMENT TO THE GREAT BEAL. ‘The appointment to the office of Lord Chancellor in remote times was by patent or writ of Privy Seal,
Ss eT the Great Seal by a chain round his
title which he is to. bear, He then instantly takes the caths, and is clothed with all the authority of the office, eee usually, before entering upon the public exereise of it, he has boon installed in it with great pomp and solemnity,—1 Camp. Chance, 22.
LORD CHANCELLOR AS A PRIVT COUNCILIOR.
to him, be is incidentally constituted a member of
Privy Council, with the powers lawfully to
office: for no one can sit in the Privy Cou who is not by the apecial command of the Sovereign, it
LORD CHANCELLOR AND THE GhBAT BRAL. 3TT
a member of it; and,as far back as can be traced, the Lord Chancellors who were not privy councillors vious to their clevation, hava been sworn of tho Privy Council, like other great officers of state—1 Cainjr Chane, 16,
LORD CHANCELLOR—HIS POWER AS A JUDGE,
‘The most celebrated saying about the judicial power of the Lord Chancellor is that of Selden: "Equity is a_ roguish thing: for law we have a measure, Equity is according to the conscience of him who is Chancellor, and a8 that is Jarger or narrower, so is equity. It ix all ‘one as if they should make the standard tor the measure we call a foot, ‘a Chancellor's foot.’ What an uncertain sneagure would this ho! One Chancellor has’ long foot; anothor a short foot; a third, an indifforent foot. It is the same thing in the Chancellor's conscience,”"—Seld. Table Talk,
Sf, SWITHIN AS LORD CHANCELLOR,
The legend of St. Swithin, once Lord Chancellor, about 862, was to this effect. It was thought that the body of the saint ought to be translated from the Siete to be deposited under the high altar, and the 15th of July waa fixed for that ceremony, when there were to be the most gorgeous processions aver seen in Kngland. Bat ho highly disapproved of this disregard of his dying in- junction, and sent a tremendous rain, which continued without intermission for forty days, and owing to its lasting s» long the project was abandoned. Ever sineo then fe is considered to regulate the weather for forty days from the day of his propowd. translation, laying down this rulo, that aa that day is fair or foul, it will be fair or foul for forty daya thereafter.
‘The founders of the Reformation in England seem to have entertained a very grateful recollection of his services to the Church, for they have preserved the Lath of July asa 6 day, dediented to Lord Chancellor Swithin, It must be wimitted that there is great diffi- culty in distinguishing between what is authentic. wo\ what is fabalous in this history. —\ Camp. Chane, 8.
B78 —sCURIOSITIES OF LAW AND LAWYERS.
SCURME TO MAKE OFFICE OF LORD CHANCELLOR ELECTIVE. ‘The Chancellor De Grenefield and Edward the First's other ministers were excessively unpopular, insomuch that ut a Partinment called soon after ee sppicioaas Ga
made fo ‘i several tit Tepaght fxward Ga sweeke sigs ub Un, peed ot to Bind proposed
my Chancellor, Chief natlon, and Treasurer, T “pet no longer your King; yet if they or any other oflears shall do you any wroog ot injustice, and
made of it to mo, you shall then have some reason to grumble if you are not righted.” ‘This firmness bad such an effect, that the Barons humbly tho Ki pardon for their presumption —1 Caip. Chane, 182
Ea
— A LADY HIGH CHANCELLOR OR LADY KEEPER.
to an insurrection in that Fetes, appointed Quest Koopor of the it Seal during his absence, with this declaration, “that if any thing whieh might realm,
[
turn to tho detriment of the Crown or realm wax
Re - I, the King’s brother, and others of his Council.
LORD CHANCELLOR AND THE GREAT SEAL. 379
She accordingly held the office nearly a whole year, performing all its duties, ax well judicial as ministerial,
rd Campbell thus felt bound to include her in the list of “Chancellors and Keepers of the Great Seal," whose lives he had undertaken to delineate.
‘The sealing of writs and common instruments was left, under the direction of Queen Eleanor, to Kilkenny, Archdeacon of Coventry, but the more important duties of the office she executed in person. She sat as judge in the Aula Regia, beginning her sittings on the morrow of the nativity of the blessed Virgin Mary.
These sittings were interrupted by the acconchernont of the judge. The Lady Keeper had been left by her husband ina state of pregnancy, and on the 26th of November, 1253, she was delivered of a princess, to whom tho Archbishop of Canterbury, her uncle, stood godfather, and who was baptizod by the namo of Catherine, being born on St. Catherine's day,
Hor ladyship was afterwards treated wil it rude- nesa by the London mob, who pelted her with dirt aud rotton egya, and cried “Drown the witeh |" which fright- ened her, and drove hor for refuge to the Tower, The King never forgave the Londoners for this conduct. Sho ultimately took the veil, and rotired to a monastery, when her son, Edward I, became King; bat she lived to avo him at tho height of his glory, in 1202—1 Camp. Chane., 141.—Loss’s Judges,
CHANCELLOR WILLIAM OF WICKHAM.
That distinguished man, Willian of Wickham, who was twice Lond Chancellor, waa born in the yoar 1324, at the village in Hampshire from whith ho took his name, of BES but honest parents, being the son of John Long and
byl, his wife, Ho probably would nover have been known to the world had he not, when almost quite a child, attracted the notice of Nicholas Uvedale, Lond of the Manor of Wickham, and governor of Winchester, who put him to school in that city. He is likewise said to have been sent to study at Oxtord; but there is great. reason to doubt whether he ever was at wniversiog 5 and his splendid foundations for the edweatyn of gost.
380. CURIOSITIES OF LAW AXD LAWYERS. reset Ab est eh Sd de than from a we
reacuo others from the disadvantages vader
admiration of Gothie architecture which was the founda
tion of his fortune, Ere long there was no cathedral,
ancient church, baronial hall, or Norman castle, ret 3
Wick! furnished the eslgas far ths now Castle of Windsor such nearly us we now bebold it; suitable to its "noble postion, and for simplicity, and grandeur superior to any royal residence in tho world. Ho showed.
ling vigour in carrying the plan into execution.
offence to bia royal get yife crete
straed into an a it a riation to himself of all the glory of tho ollfion Hat ke insisted that, tha word wore to be read as a translation of Wickamnm fecit hoo not of Hoe focit Wicharus, That according to the’ usual idiom of the English language, * Wicham" was hore the accumtive case, instead of the nominative, and that he only wished peaterity to know that his superi tendence of the work had gained him the royal r and thus had mised him from low degree to fortane. Edward was appeased, and ever
delighted to honour him.
In 1371, when Willinm of Wickham had beon @han- England, he js spire as might have been expected, not joining in the vote), the King,
LORD CHANCELLOR AND THE GREAT skAL. 381
“that thenceforth none but laymen should be inted
Chancellor, or other great officer or governor of the realm,
for the state had been too long governed by churchmen
ne ne sont mye justiciables en tous eas,"—1 Camp, 1¢,, 265.
CHANCELLOR WOLSSY'S LAST DAY IN COURT.
When Chancellor Wolsey found that’ he was finally cast off by his master, Henry VITL, who was now under the entire management of other favourites, and that he must soon bid adieu to all his greatness, for a time he lost, all fortitude; “he wept like » woman and wailed like # child." On his return to London, however, his spirits rallied, and he resolved with ane meet the impending blow. On the first day of Michaelinas term, whieh then began in the middle of October, he headed the usual ul procession to Westminster Hall, ridii on his mule, attended by his crosses, his pillars and his poll-axos, and an immenso rotinue to defond the Great ree and the ee hat, It ry raked dist in
i procession, and while sitting in the Court jancery, his manner was dignified ‘and collocted, although bean all who beheld him, know that ho had touched the
i paint of all’ his greatness, and from the full
of his glory he hastened to his setting. This was lin Inst appearance in public as Chancellor,
‘The same evening he received a private intimation that the King had openly announced -his immodiate disgrace. ‘The next day he remained at home, hourly expecting tho messenger of fate, but it passed on without any occurrence to terminate his suspense. The followi day, however, came the Dukes of Norfolk and Suffoll from the King, “deelaring to him how the King's pleasure was that he should surrender and deliver up the Great: Seal into their bands.” He demanded of them “what commission they had to give him any sueh command ment?" They answered, were the King's com- missioners in that bebalf, having orders by his mouth to do #0.” He denied that this was sufficient without further manifestation of the King’s pleasure, aud highs words passed betwoen them. The Dukes wero adie’
th led ee wna a Chancellor and Keeper of a
only act by the special directions of the former. There could not, afler 5 Eliz, have been » Chancellor and Keeper at the same timo, but all occasion for such an
it is now obviated by the multiplication of Vi hancellora—2 Camp. Chane, 94.
THE DANCING CHANCELLOR What was the astonishment of courtiers, of bss
LORD CHANCELLOR AND THE GRBAT SRAL. 883
employment by personal favour. Bat while he spent much of his time in dicing and gallantry, there were two amusements to which he pai ores devoted himself, and which laid the foundation of his future fortune, ‘The first was dancing, which he studied under the best masters; and in which he excelled ron any man of his time The other was the stage; he constantly free quonted the theatres, which, although Shakespeare was will a boy ab Stratford-on-Avon, were beginning to flourish ; andaba Het ned to aye n fring maaques, and took a part in performing them. He was cone of five students of the Inner Temple who wrote & play entitled, “Tancred and Gismund," which, in the ear 1568, was acted by that society before the Queen. jon he became a great man, his flatverers pretended that he nover meant to make the Jaw a profession, and that he was sent to an Inn of Court cree to finish his education in the mixed society of young men of b and pleasure there to be met with; but there can be no doubt that, a3. a younger brother of a poor family, it was intended that be should earn his bi by “a knowle of good ploading in actions real and pe ina nows of the manner in which he dedicated himself to dancing, which mado his fortune, must bave caused lwavy hearts under the paternal roof in Northampton- shire, Some of the courtiers at first thought that this coremony was a pioce of wicked plonsantry on the part of the Queen; but whon it was soon that she was serious, all joined in congratulating the new Lord Chan- cellor, and ‘expressing satisfaction that her Majesty had been emancipated from the projudieo that a musty old lawyer only was fit to preside in the Chancery ; whereas that Court, being governed not hy the strict rules of law, but by natural equity, justico would be much better administered there by a gentleman of plain good sense and knowledge of the world. Meetings of the bar were held, and it was resolved by many sorjeants and ap- intices that they would not plead before tho new Shancellor; but a few who looked ly foradvancement, dissented. The Chancellor himself was determined to brave the storm, and Elizabeth and all her minixters expressed @ determination to atand by im. We 8a
SSL cUntosITins OF TAW AXD LAWYERS.
H vi ured to bis house in aie with cordial broths, in the hope of restoring him, These she warmed red hits vier own hand, Sharer! adding many jing expressions, fing? him iis mie md he ssid, “all will mk aoe poe will draw up a heart onco cast down, thi herself should set her hand thereunto.” He in the evoning of Friday, the 21st of November, in the fifty-fourth year of his ago—2 Camp, Chane, 155.
OFFER OF CHANCELLORSHIP ON CONDITION OF CHANGING RELIGION.
make him Lord r.if he would conaent to change
his a
then u ible, and she wanted tosecure the best lawyers of the day. The answer of the Serjeant was as follows: ©” Hold me, dread sovereign, ex Your majesty well knows I find po reason to swerve from the Catholic faith, inwhich you and I were brought up. I can never, there: fore,countanance the persecation of itsprofessors, I should not have. in change your Majesty's conscience one wedke
before I should incur rom aoe ee Majesty's royelintens tocontzooa onyuien ol parsed
LORD CHANCELLON AND THE GREAT SEAL. 335 the retainers of the Cutholic faith."—2 Notes and Queries, 2.
4 A COMING LORD CHANCELLOR.
Sir Christopher Hatton, boforo he was made Lord Chancellor by Queen Elizabeth, was hor vice chamborlain, and one of her especial favourites, and it was anid he was ‘the only one of her troupe of gallants who remained single for her sake, She used to bestow pot names upon him, +h as hor “shoop,” her “mutton,” her “ belwether,” her “pecora campi,” and her “lids,” which last she occa~ sionally varied by calling him “ sweot lids,” meaning oye- lids, She encouraged him to write to her in the most extravagant. stylo of devotion, Horo is a little extract: “Pardon, for God's sake, my tedious writing, I will wash away the faults of these letters with the drops from your poor ‘lids,’ and so enclose them, Would I wore with bie but for one hour. Boar with mo, my most dear awect lady ; passion overcometh me, I can write no more. Love me, for | love you. Live for ever, He speaketh it ‘thnt most dearly loveth you. Once again T crave pardon, Sealing idiepnan poss! ae” laromtellg Vie onto everlastingly tied, C. Hutton.” It was snid that once, in a fit of passion, Elizabeth “collared " poor Sir Christopher, He was dying with envy of Sir W. Raleigh, the Duke of Anjou, and other rivals She once had a serious quarrel about some gold buttons on his dress,
‘As the age of chivalry is gone, no modern Lord Chan- cellor has been known to excel in this letter writing,
THE DANCING CHANCELLOR IN soctery.
Whilo holding the Groat Soal, Sir C, Hatton's greatest distinction continued to be his skill in dancing, and, as often as ho had an opportunity, ho abandoned himself to this amusement, Attending the marriage of his nephew and heir with a judge's daughter, he was docked, according to the custom of the age, in his official robes; and it is recorded that whon the music strack up, he dofted them, threw them down on the floor, and saying, Lio there, Mr, Chancellor!” danced the measures at the naytich festivity. es
386 CURIOSITIES OF LAW AND LAWYERS.
so ope i nero fy house constructed in the trae Elizabethan Hore, when he was Lord Chancellor, he several ha ae a to entertain her Majesty, and showed that. the nee eel pee eek el won her heart, when he vas Toner Templ Tile abaded.
TP eifenty ae epee
“Mo ries the ceilings fretted Each panel in achievements Rich Chetan And passages that leed to nothing.
His high-crowa'd Mov'd the stout ear of England's Queen, gh Pope and ‘could not trouble Si
THE CHANCELLOR'S FOOL.
When Sir Harry Norrin was gone a little way, Wolsoy (at tho ond of his carver, after dismisal dhe King) called him back, saying, “'I am sorry that I have no con- dign token to send to the King; cait if you would present the King with this poor fool, 1 trast his Highness would accept him well; for surely, for a nobleman’s pleasure, ho is worth a thousand pount x" ‘This fool, whose name was ” Patch? was yo much attached to bis master, Wolsey, that
fool pipet lcs monty si was e the ment a necessary co ty
More. It is very doubtful when Chancellors ceased to have about them'any such character. CHANCELLOR MORES FOOL,
Lord Chancellor More, upon his resignation, set about providing for his officers and servanta who were to leave
LORD CHANCELLOR AND THE GREAT sea, 887
him, and he succeeded in placing them with bishops and noblemen, His state barge which carried him to minator Hall and Whiteball, ho transforred, with his cight watermen, to his successor.
The Lord Chancellor's fool, who must have bocn o
proficient in jonting, ractiaing under such a master, he made over to the Lord Mayor of London, with a stipu- lation that he should continue to serve the ollice of fool to the Lord Mayor for the time being.
‘This fool, whose name was Pattison, appears in Holbcin's famous picture of the Moro family, One anecdote of bim has beon often related. When ata dinner at Guildhall, tho subject of his old master having refused to take the oath of supremacy was discussed, the fool exclaimed, * Why, what ailoth him that he will not swear? Wherefore should he stick to swear? Thave aworn the oath myself." —1 Camp. Chane., 662,
A CHANCELLOR CHARGED WITtt TREASON,
Tord Chancollor Clarendon, when charged by some peers with treason, leaving the woolsack, made a pointed and animated defence, contending that all the charges which were nob quite frivolous, were false; that none of hem amounted to treason; and that an impeachment for treason could not thue be commenced by one poor against another, upon whieh points he desired that the Aude might be consulted. Tho judges being summoned, pro- nounced their unanimous opimon by the mouth of Chief Justice Bridgman, that the prosecution was not duly commenced, and that if the charges were all ad- ee to be ed there es nothing of eer in thom.
he , seeing the reault, ularly cent & message to the Tom telling them tan tera he finds many matters of fact changed which, upon his own certain knowledge, are untrue. Tho Lords resolved, nemine dia- sentiente, that they concurred with the judges, and thoy dissnissed tho prosecution, with a strong censure of the Earl of Bristol for the manner in which he had brought it forward, Warrants wore ised for his apprehension, and he was obliged to remain in concealment for vex youn,
388 CURIOSITINS OF LAW AND LAWYERS.
A LORD CHANCELLOR RIDING A RHINOCEROS,
‘The Court wags, in the time of Lord Keeper Guilford, tae eat sport of htm, the Earl of Sonderland taking the lend iris cot ha sigoal, while Jeers was always ready to join in the laugh. ‘There was a Cox ba th A drat liee ire ee My
‘coper went one ie city, aecompanied his brother, Sir Dulley, b> entyt etter: poveen | size lately imported, and about to be exhibited as a show. Next ‘ing, at Whitehall, a rumour wax industriounly —_ ‘that, Lord Kee been riding on the
inocures, “and soon ¢ dinner, some lords and others came to bis lordship to know the truth from him- self; for the setters of the lic affirmed it positively aa of their own know! ‘That did not give his bare x much disturbance, for he expected no better from hi | ailversaries, But that his friends, intelligent persons, who ous now him tobe far fom guilty of any child Ievity, chould believe it, was that roiled him extremely, and much more when they had the face to come to him to know if it were trus. So it j and Sunderland, with Jetfreys, and others of that crew, never blushed at the lie of their own making, but valued them: selves upon it ns a very good jest."—2 North's Life of Guilford, 167.
Evelyn tells us that this was the firet rhinoceros ever
pineeteme cata are eae may have seen “ lyrean
could only have heard, or read, or seen « picture of “the
armed rhinoceres,"
THE LORD KEEPER AND THE ViRTUORO. "| Roge Lord Guil- for had reat ean in the svcsety_ of Bar. Soka sere spplioalion, ilosophy and experiments, ho wee pew of tin opal Rotary root f tre bat paling wiberg es ‘he a 5) ‘ Be eppys waict foes iii tatins toalfy having ea
LORD CHANCELLOR AND THE GREAT SEAL. 989
been one af the company. ‘There was no corner of the univorso that imagination could make accessible, but they searched it: to the quick; and nothing new sprang abroad or at home but ono or other of them carly or late brought it under examination, Another visitor was Mr, Weld, a rich philosopher, who lived in Bloomsbury. He was single, and his house a sort of knick-knack-atory, Most of the ingenious persons about town sometimes visited him, and among the yest his lordship did suit and service there. This gentleman valued himself upon new inventions of his own, He sowed salads in the Fat to be cut for dinner, and claimed the invention of paint eurtains in varnish upon silk, which would bend and not crack, And his house was furnished with them, and he delighted in nothing more than in showing his maulti- farious coutrivances.”
A LORD CHANCELLOR AT THE HUSTINGS.
At a contested olection for Arundol, in Sussex, the government were so anxious to succeed that Lord Chan- ccllor Jeffreys was prevailed on to go down and use his influence there, On the day of clection he took up a position near the mayor, who was the returning officer, and a retired attorney. Tho mayor rejecting tho vote of one of the coust party, Jeffreys roo in a heat, and insisted on tho vote being roccived, and to sive weight to his word added; “I am tho Lord Chancellor of this realm." ‘The mayor, regarding him with a look of con- tempt, replied, “Your ungontlemanlike bebaviour con- vinces me that it is impossible you can bo the person = pretend, If you were the Chancellor you would
now that you have nothing to do here, where I alone
ide.” Then turning to the crier, he said, “ Officer, turn that fellow out of court.” Tho command was at ence obeyed, and the Chancellor retired to his inn in mae confusion, and tho election was won by the popular favourite, In the ovening, the mayor received a message, to his gront surprise, from Jeffreys, desiring the favour ‘of his company, which was declined: wheroon Jetfve came to the mayor, and said he could not help compli- menting him on the very proper spirit of 4 he had displayed,
i 4 : € 8 F ¢ £
i g & i i A) if PH
and carried it some distance, till ho boy, whom be hired it home with hin to honse in Lincoln's Inn Fields, whon ho gave it into care of servant, to bo taken to his lordahip's eaten
Fe
LORD CHANCELLOR OF GREAT DRITATN,
tostifying the will of the Soversign as to acte which concern the whole empire, although there are curtain patents confined in their operation to Scotland and ireland respectively, which still pass under the
Great Seals appropriated to those divisions of the United Kingdom.—1 Gann. Chane, 22.
‘THE, POLST LORD CHANCELLOR OF GREAT WRITAIN.
The Act of Union between England and Scotland wited that there should be one Great Seal for the inited Kingdom, although a Seal should still be msed in in Uhings relating to private right; and Lord Cowper was the first Lord sol of Grad tai, Doing so declared nie Queen in Couneil, on the of , 1707, four days after the Act came into opem- Caen, ea aponeh which proper ed posal een, in whi prepared,
tail, Itis with all humble thankfulness to
|, and with entire satisfaction to myself, that I meet you here in this first Parliament of Great Britain; not
LORD CHANCELLOR AND THE GREAT BEAL. B91
doubting that you come with hearts prepared, as mine is, to make this Union so prosperous as may. answer the well-grounded hopes of all my good subjects, and the
reasonable apprehensions of our enemies.”
THE LORD CHANCELLOR'S NEW YEAR'S GIFTS.
Ono most beneficial change was offected by his own authority, and from his own senso of what was right, by Lord Chancellor Cowper, Hithorto, according to ancient custom, largo “Now Year's Gifts” were annually made trall the officers of the Court of Chancery to the Lord
ancellor or Lord Koepor. Tho consequence was that, for their reimbursement, they were allowed to extort largo fees from their suitors; constant reluctance was felt to visit their delinquencies with suitable punish- ment, and the judge was crippled in the discharge of his most important duties, This ena was eommon to all the courts in Westminster Hall. ut there was another of moro monstrous nature, and still moro pernicious, which was peculiar to Chancery; that all the counsel who practised in the court came to breakfast with the Chancellor, on tho first of January in every year, and, in tho hopo of being raised to the bonch, or of obtaining sille gowns, or of winning “tho judge's eur,” made him & pecuniary present, according to their generosity, or their means, or thoir opinion of his vonality or stability. All these New Year's Gifts were utterly abolished by Lord Cowper,
CHANCELLOR MACCLFSFIELD CHARGED WITH CORRUPTLY SELLING OFFICES.
There has beon a disposition in recent times to consider that Lord Macclosficld was wrongfully condemned. “The unanimity of bis judges,” suys Lord Mahon, “might acem decisive nx to his guilt, yet it may ftps bo doubted whether they did not uajustly heap the fiults of the system on one man; whether Parker had not rather, in fact, failed to cheek gradual and growing abuses, than introduced them. by: his authority, ‘or encouraged them by his example” “Lord Campbell, however, sexys“ SS
|
oS oe qualities when 0 di
ai nigh hn
the ' trust money in Whoever takes the trouble of perusing the w evidence, will ace that he was rapacious in hit and that, with the view of
accuse them of harshnesa."—4 Camp. Chanc, 555,
A CHANCELLOR TAUNTED WITH MEAN DIETH.
LORD CHANCELLOR AND THE GREAT REAL, 3893
voice, “I am amazed ab his grace’s speech. ‘The noble
side of him, without seeing some noble peer who owes his seat in this House to successful exertions in the pro» fession to which I belong. Does he not feel that it is am honourable to owe it to these, as to being the accident of an accident? To all these noble lords the language of the noble duke is 4 applicable and insulting as it is to myself, But I don't far ‘to meet it single and alone.
‘0 one venerates the peerage more than 1 do; but, my lords, I must say, that the peerage solicited me, not I the pes Nay, more, I can say, and will say, that as a
of Parliament, as Speaker of this right honourable House, as Keeper of the Groat Seal, ax guardian of his Majesty's conscience, as Lord High Chancellor of England, nay, even in that character alone, in which the noble duke would think it an affront to be considered—as a man—I am at this moment as respectable, I beg leave to add, Tam at this moment as much respected, as tho proudest peer I now look down upon.”
The effect of this speech, both within the walls of Parliament and out of them, was prodigious, Tt gave Lord Thurlow an ascendency in the House which no Chancellor had ever po: ; ibinvested him in public opinion with a character of independence and honour; and this, though be was ever on the unpopular side in pills made him always popular with the people.
‘rom this time every peer shrank from the risk of any encounter with Thurlow, and he ruled the House with a rod of iron; saying and doing what ho pleased, and aa hoe colleagues with very little more courtesy — his opponents. —6 Camp. Chane, 585; C. Butler's
em.
A CHANCELLOR MESETATING TO TAKE THE OFFICE,
Tt is reported that when Lord Hardwicke was offered tho Lord Chancellorship, he had hesitation in givi 3p th permanent post of Lord Chief Justice of Bnglast, with ita valuable porquisites, for the temporary
304 CURIOSITIES OF LAW AND LAWYERS. Chancellor, Sir R. Wal; Premier, then worked
his jealousy, and said if in the
Se Pica etc Lord Hardwicke, “impossible! he is
rium 3 Jacobite!” “It's all very trae,”
ing out oss sa but belheichtee
A SNUG APPOINTMENT YOR THK CHANCELLOR'S skCOND 5ON,
Sir R, Walpole to Horaco Walpalo writes in 1736: “2 received a letter from the Lor od tet hen ee ty would be pleased to let hi came
1 cilice of Clerk of the vacant, The office, his lordshi pays, wibdly water kia I ares her ith the request, who was og, ad tae iv pei a ere it ay Majeaty. The person the Lord Chancellor (Sd pd cscs dpe eaten + nown, lost so long notice before his now election should stir up an opposition and give him trouble. I send you 8 letter from the Lord Chancellor upon this subject,”
LORD CHANCELLOR WANDWICKY'S VOLGARITY.
“Lard Hardwicke was undoubtedly an exillent Chan color says Laed Waldegrare “and might have been
ae pe ani lennon gentleman.” “The stately and ceremonious re ecepAion of bis visitors on a Sunday evening,” says. Cookery ea “was insipid and disgutting in the dares, Stranger as he was to the life and babite county gent gentlemen, he treated thom with insulting in- and bauteur. Came ey, from is 7] & distance, either to visit his lordshi secos ae bite to bet | thelr horses were sent for refreshmont "Tiger a vile inn near half a mile distant, ax 1 heir sapere more than once, Ho submitted, indend, like Jords, sometimes to entertain the natives, but with that visible
Fs
LORD CHANCELLOR AND THB GREAT SEAL. 395
and contemptuons superiority as disgusted rather than obligod thom, When in high good humour, he had two or three stock stories to make his company laugh, which thoy were ropared and expected to do, Ono was of bis bailiff, Woodcock, who, having been ordered ‘Ma his Indy to procure a sow of the breed and size sho ana jescribed to him, came one day into the dining-room, when fall of great company, Petaling with a burst of joy ho could not suppress, ‘I have been at Royston fair, my Indy, and got a sow exactly of your Indyship's breed and size!’
“He also used to relate an incident that occurred to him ina morning ride from Wimple, Observing an elegant patlamiae rata ho conceived a wish to see the inside of it, Tt ee to bo that of Mr, Montaguo, brother tw Lord Sandwich, who, being at homo, very politely, without knowing his lordship, conducted him about the apartments, which were eget 5 and expatiated on the pictures, some of which were capital, Among theso were two female figures, beautifully painted, in their native naked charms, *Thoso ladies,’ says the master of the house, ‘ you must certainly know, for they are most striking likenesses,’ On tho guost’s expressing his perfect. ignorance: ‘Why, where the devil have you Jed your life, or what company have you kept,’ snya the Captain, ‘not to have known Fanny Murray aud F thie with whoxe persons I thought no fashionable man like you could bo unacquainted?’ On m sara leave, ee capi feild bs ladivorreteant konieieiaaeale Wimplo,’ what surpriso and confusion did he expross on fuse discoyaring toy fan been talking alll thie beclanae to Lord Hardwicke."
THE LORD CHANCELLOR'S COUNTERPANR,
One may judgo of the malicious turn given to Lady Hardwicke's domestic arrangements, howover deserving of praiso, by the charge against hor of stealing the purse in which the Great Seal was kept, to make a counterpane. The truth is that this purse, highly decorated with the royal arms and othor devices, by ancient custom. i annually ronewod, and is the perquisite of Ys Mere
896 = CURIOSITINS OF LAW AND LAWYERS.
the pre, to be put as embroidery ona piece of rich crimson velvet, to the bei; gee See = purses, Just twenty in number,
erat ‘the curtains of a bed, yagi ficent, She, therefore, in reality, only a eteristic and proud heirloom to be down to
the founder of the family.
‘A CHANCELLOR DELAYING MIS STEP IX TIE PEERAGE. By his wife's desire, Lord Chancellor Hardwicke de- ferred his acceptance of an earldom which had been
A CHANCELLOR FOR THREE DAYS,
As seon a8 the council was over, Lord Chancellor Charles Yorke, son of Lord Hardwicke, carrying oer the Great Seal with him in his carriago, drove to Rockingham’s, to communicate to bim what he bad done.
second), and the other leadors of the Opposition, were eeipeor aap aegrliprmerge tnt! the
il, and at five o'clock in the evening of ny, the 20th of January, three days after he had been sworn in
Chaneallor, he was no more, His patent of nobility had
LORD CHANCELLOR AND THE GREAT SEAL. 397
boon made out, and was found in the room where he died, bat the Grent Seal had not been affixed to it, no that the itle did not descend to his heirs. He expired in tho
hth year of his age, A suspicion of suicide immediately nrasc, and n controversy has ever ainee been maintained on the question whether that suspicion was well founded. It is n subject delicate and painful, and the doubt has never been satisfactorily removed. He had been admitted to an interview with the King, who talked him over, and thus no doubt led him to break faith with his political party, whose reproaches he could not ap- parently endure—Life of Hardwicke.
A CHANCELLOR FOR SIXTEEN DAYS,
Lord Campbell was, on 17th of June, 1841, candidate to represent Edinburgh in Parliament. On 18th of Juno he was appointed Lord Chancellor of Ireland. He reached Dublin on 28th of June, and on 2nd of July a great crowd of Irish barristers met in the Irish Court of Chancery, to see and hear the successor of Lord Plunket. The new
Chancellor, on reaching the court at eleven o'clock, intimated that he could only hear short causes before closing the sittings. He heard one or two such causes, and on the following day he rose not to return. He was Lord Chancellor for sixteen days, and sat in court twice for a short time only. On the day of Lord Campbell's arrival in Dublin there was a violent storm at sea, and some one remarked to Plunket, his ee that Campbell must have felt sick of the whole business by this time, “No fear of that: it won't make him throw up the seals!”
A CHANCELLOR MAKING TERMS ON ACCEPTING THE ‘OFFER OF OFFICE,
Lord Hardwicke wrote to Pitt, the first, in 1757: “ Since I saw my Lord Chief Justico Willes, I have seen Sir ae rt Henley, ho talks rey reascnatly ‘and honour- ably. rop are, firat, a reve mary it of th of one of the tellers of Exchequer pepe for lifo; second, a pension of £1,500 per annum on the Trish establishment to himself for Ife, to commence end
ie 3 F i Fs 2 is ?
it to be determinable and absolutely void upon the office of teller coming into Ep eee indeed tee crake eer
bw to on F Tetisasl ialed niany Glisontve ab a peceloa pts Xislenee though his Majesty treated it pretty aevercly at first, yet, when I stated the several contingencies in which it might in this case never nes reel eer Se eats Mish od made cane "
‘TWO CANDIDATES POR CHANCELLOR.
Henley owed his clevation to the Chancellorship to an accident. ies el EDiaret Fox ministry came in, in
Hi the woolsack. “There is an amusing perce’ Lord Henley, “ respecting this transaction current in i Ellenborough
waiting upon his koe ta inform him that he
K ithoat a peerage ed Reeeey dea i
eeper, without a uni in
1700) whois be ress evenbed ) Haron Hanloys On the
accession of George ITI, he surrendered the Great bw
—1 Law and Lawyer, 89,
LORD CHANCELLOR AND THE GREAT SEAL. S99
NURSING A CHANCELLOR'S LEGS.
Like most men of the day, Lord Chancellor Northing- ton had in his youth enjoyed the pleasures of the table; but many a sovere fit of the Teds the reault of his early indulgonces, When suffering from ity effects one day, he muttored, after a painful walk between the wool- sack and the bar: “If I had known that these legs were one day to a Chancellor, Td have taken better care of them when I was a lad,”
THR LORD CHANCELLOR'S FATHER.
Lord Bathurst was spared to behold his son, well stricken in years, sitting on the woolsack as Lord High Chancellor, being the only individual, except the father of Sir Thomas More, on whom such a felicity was ever conferred.
Lord Chancellor Hardwicke was dead before his son Lord Chancellor Charles Yorke was appointed, and who filled tho office for three days only.
CHANCELLOR QUARRELLING WITH AN OLD WOMAN,
When Lord Chancellor Bathurst built Apsley Houso, he got into a controversy with a soldicr's widow about a spot of ground at Hyde Park Corner, and she having filed a bill against him, he gavo hor a sum of money to rolinquish her claim, A witty barrister was represented to have observed on the occasion, “Here is suit by one old woman against another, aud the Chancellor has been beaten in his own court.”
LORD CHANCELLOR APPROVING THE LORD MAYOR.
Stories were invented and circulated ving the Lord Chancellor Bathurat which showed the low estima tion in which ho was held. One was that his lordship, on Wilkes being elected Lord Mayor of London, had threatencd, in the cxercise of the royal prerogative, when the profligate patriot was presented for confirmation, to disallow the choice of the citizens, till told that this would be Wilkes’ reply: "I am fitter for my office than you are for yours, and I must call upon the King, So choose another Lord Chancellor.”
400 CURIOSITIES OF LAW AND LAWYERS.
THR ONLY LORD CHANCELLOR CONGRATULATED BY THE WHOLE HAR ON APPOUSTMENT.
Considering how political enmities and private jealousies
te Sieoki pe a exantandn off good sill toa barrister on
elevation to the wonder that
ception heart, as well as of the i forth. Lord Erskine caused » deal of merriment in Westminster Hall by the heraldic bonoars which, on his ied_to him. his | |
own enwee aceon family shield and crest, he had for supporters, “a wings elevated, gules, charged with a mullet, and a Heron,
wi ruounted hold in the beak sn eel mene ‘whlch tainy.Joken were smade}, abd Be took for bl f
Trial by ‘That of his father waa “Judge Nought,” All sllowed that it would not have been very ay but it was said that * By Bill in wi have been a better substitution on his going into the Court of Chancory, and that “Trial by Jury” waa a vain imitation of Lord Ca:nden’s motto from Magoa Charta, Judicium. pte aut Lex ee Seon, » & bare rister setting w carriage, in still worse taste, his asp tes produce Evcts,” equal to papers conist's "Quid rides,” or tho water-doctor’s ducks crying, “Quack! Quack !"—6 Camp. Chauc., 557,
LORD THURLOW PORTRAYED BY A CRITIC.
caine Scopcanes joe of bs ty.“ ieee an it century. low's unrivalled excellenes oy an iron countenance, an inflexible hardihood of feature, an invalnerable tape
aspect that nothing can abash, no crimson that stares humanity from the justice seat, and defies tear of pity. Charity, it is snid, covers a multitade tina, tnd istromani ity implies a depravity of heart that gives the owner credit for the ion of untold crimes “Vast in his person, bold in his sentiments, pompous in
LORD OHANCELLOR AND THE GREAT SEAL. 401
his words, and powerful, not so much in the qualities of wisdom, ns in the consequence given to trifle, he has secured the prejudices of the Upper House, He has ob- tained all that could possibly be expected bya man of mean extraction with the aid of oratorical abilities,”
LORD CHANCELLOR THURLOW NEVER FORGETTING HS BUVEREIGN,
ee, eg e TT. A) pie everybody to be insane, resolved tos y his master, Ho oney worked himwelf up to this celebrated climax ; "A noble;viscount (Stormont) has, in an eloquent and energetic manner, 6x; his feelings on the present melancholy situation of his Majesty, feelings rendered more poignant from the noble viscount’s having been in habits of personally receiving marks of indulgence and keindness from his suffering Sovereign. My own sorrow, my lords, is sopereet by the same cause. My debt of titude is indeed ample for the many favours which ave boen graciously conferred upon me by his Majesty ; acid whoa 1 forget my Sovereign, nay iny Ged forget net “God forget you!” muttered Wilkes, who happened then to be seated on tho steps of the throne, eyeing him askance, with his inhuman squint and demoniac grin, “God forget you! He'll see you d—4 first.”
A CHANCELLOR'S SYMPATHY FOR THX KING DURING ILLNESS.
Burke, in reference to the ostentatious professions of Bins on the part of Lord Chancellor Thurlow, when
luding to the King’s illness, made this sarcastic obser- vation: “The theatrical tears then sled were aob the tears of patriots for dying lawa, but of lords for their expiring places, The iron tears that flowed down Pluto's cheok, rather resembled the dismal bubbling of the Styx than the gentle murmuring streams of Aganippe: in fact, they were tho teara for Majesty's bread, and those who shed thom would stick by the King’s loaf as long as asingle cut of it remained, while even a cxwh oS held together,—Prior's Burke, 334. =
S3fh5 4203655472 3224 4 294 28392 yaRee ante fh ‘| He pee ey
[i belaeeiigi iy ae ais dhe i jyiesdgass all AP ieee are Tea A rel rec rruee ee Eee era tae Pine BACHMAN reine
e laiaii iad lei subi
LORD CHANCELLOR AND THE GREAT SEAL, 403
divert the like frolic for the future, and the next term after, thoy fell to thoir conchos as before.—North’s Examon, 57.
LORD CHANCELLOR THURLOW'S POPULARITY.
Whatover others might think of Lond Chancellor Thurlow, he gave high satisfaction to his omployers. Ahovo all, the King was excessively delighted with his strong and uncompromising language respecting, tho Americans ; and long placed a greater personal eontideace in him than he had done in Lord Bute, or than he ever did in any other minister, perhaps, with the exception of eae or did not dis int publi ta.
is Chancellor did not disappoint ic expecta- tion, and as long as he enjoyed the prostige of ‘offic, he contrived to persuade mankind that he was a rer judge, a great orator, and n great statesman, rd Campbell says; “I am afraid that in all these eapacitios he was considerably overrated, and that he owed his temporary reputation very much to his high pretensions and his awe-inspiring manners.”
‘Having been at the head of tho law of this country for noar thirteen years, he never issued an order to correct any of the abuses of his own court, and he nover brought forward in Parliament any measure to improve tho ad- ministration of justice, Ho is said to havo callod in Hargrave, the very learned editor of “Coke upon Little- ton,” to assist him in Proporing his judgments, and somo of them show labour and resoarch; but he generally sooms to have decided off-hand, without very great anxiety about former authorities, Frequently he em- Ployed Mz. Jastico Bollor, a vory acute special pleader and nisi prius lawyer, to sié for him in the Court of Chancery. On’ resuming his seat, he would highly eulogizo tho decisions a “one whom he, in common with all the world, felt bound to respect and admire.” But boing privately asked “how Buller had acquired his knowledge of Equity?” “Equity!” snid he; “he knows no more of it than a hore, but he disposos somehow of the cases, and I seldom hear wore ch them,”
404 — CURIOSITINS OF LAW AND LAWYERS.
HOW A LORD CHANCELLOR APPOINTED JUDGES,
Tord NO ee
whom he mimicked exactly. When Lorl Manstield re- vid Epler” eayon oan ry Eesti a
m was very intem|
Bul STS "Ard. I though apoultiig
whole, that intem, eS ae ition ; not but that there is a d——d_ ie
tion in Kenyon’s intemperance."—1 Greville’s Mem.,
TORD CHANCEELOR AND PREMIRR APPOINTING JUDGES, Lord Eldon said that when he was Lord
that i the yasel bili ‘the L it thal the dg as reen rs
der himwalf worthy of holding the Great Seal, if be oral Ua carlos Uf cay elec vac a ae
at the same time tendering his The Prime ister gave way, and the gentioman of the Lant Chanoellot’s choles was appaintel
Hl
LORD CHANCELIOR APPOINTING PUISNE JUDGES
Lord Chancellor Lyndhurst always declared the doc. trino, and acted upon it, that the holder of the Great Seal
Gator bell nape Bae! before, wh tpeg sted ae aa the head of mamission, was Peel's doi Cent 1830, nist ecile” eaten
to me 8 laudatory epistle,
manner, make me ixoe judge of the Court of bad’ eo = tong a he ar Rig Ba
LORD CHANCELTGR AND THE GRRAT SAT. 405
for the borough of Stafford, and, from my position at the bar, I was not prepared to be shelved. But I was nevertheless obliged to him, and T accompanied refusal of the offer with very warm thanks for his ink. ness,"—8 Camp, Chane, 67.
A CHANCELLOR'S CONSCIENCE,
Lord Eldon, defending himself against the attacks of Karl Grey, for signing with the Great Seal while the King was inaane, sai aay that, acting conscientiously, 80 help mo God, I could not have done otherwiso than Idid. Whilst I have tho approbation of my own con- acience, T am ready to incur every risk, and aubmit to all the Teaponslbdlity, to which Iam ex the faithful dischargo of my duty. But what, I ask, ia the nature of the crime imputed to me? Why, that on the occasions in question T acted in obedience to his Majesty's commands, What would tho noble carl (Lord Grey), have thought of my conduct, if I had rofased compliance? What kind of crime would the noble lord have held me guilty of, if I had dared to disobey the positive commands of the Sovereign? I acted then upon my consciences, and to the best of my judgment; my rule of conduct is the same on thia occa sion. I will act on my oath in despite of the opposition of the whole world. Jt is my opinion, so help me God, that there is a most material amendment in his Majesty. It is little more than ceagdon bi hours since 1 had an opportunity of ascertaining thia improvement; and T ‘trust in that my gracious master will live many yoars, to be, as he always has boen, the benefactor of his aubjects,”
‘arl Grey replied; “Iam bound to araign the noble and learned lord for an offenco little short of high treason. What, Lusk, would be the character, what the ap) ‘inte punishment of his offence, who, knowing his Sovereign to be actually at the time incompetent, who in the full conviction of his notorious and avowed incapacity, and whilst ho was under medical care and personal revtraint, should come here and declare that there wns no necessary suspension of the royal functions t"
406 cuMOSITIRS OF LAW AND LAWYERS.
NOW A LORD CHANCELLOR MADE AN APPOINTMENT,
wi tae pestnactsratsp etn te derteay tnent ho made: Sn paar ae eae having ied to me repeatedly at Carlton House to appoint beg Master in Chancery without offect, and bevy te observed Leak poe ates: Sok y in saan s ities would soon be able to learn his business {ritchie See eee eve fhe Goentots Tiny Bar Sve Gtancery tek lie: length, in furtherance of his took the following step. He came along to my door in Bedford Square. a the servants going to t the door, the Prinee served that, ax the Chancellor bad Lol sep aa must be at home, and he therefore desired he might be shown op to the room where the Chancellor was servants told the Prince I was much too ill to be seen. He,
howover, pressed:
and respectfully informed him they had positive orders to show in no one, Upon which he suddenly naked = to show him tho staircase, which, you know, they could notrefuse todo. They attended hima to it, anid he frame diately ascended, and pointed fimt to one door and then to andther, aking, B answering, “No, unt
bedside. Well, [ was rather surprised to use hie Highness, and’ asked his pleasure He stated he come to request that T would appoint Jekyll to the vacant Mastership in Chancery. IL respectfully answered that Ideeply regretted his at: ‘Highness “bool eae that, for I could not comply. aired why I could not, and I told him, aise my opinion, Mr, Jekyll was totally unqualified to discharge, the duties of that office. He, however, penta his request, and urged very strongly. Kowa for a great longth ‘of time he ie tox e, and I continued to refuse, saying Mr. Jekyll was unfit for the office, and I would never His Highness suddenly threw hinself back ‘in his chair, exelsimi "How [de pity Lady Eldon t’ * Good God!" Tsaid, * wl nda deatier “Oh, nothing,
LORD CHANCELLOR AND THE GRHAT 8BAL. 407
answered the Prince, ‘except that she newer will see oe sanity for here I remain until es promisé to make: fekyll a Master in Chancery.’ Well, L was obliged at to give ins I could’ not help it, Others ought ly to be very deticnte in blaming appointments made by persons in authority, for there often are very many circumstances tatally unknown to the public. However, Jekyll got on capitally, It wax an unoxpectod result. T met Jekyll the day after his retirement from the office. Ho said, ‘ Yesterday, Lord Chancellor, I was your master; to-day, 1 am my own master.’”
A DINNER PARTY AT THE LOND CHANCELLORS,
Sir J. Revesby says: “On 18th January, 1685, I dined with the Lord Charicellor Jetireys, where the Ti of London was a guest, and some other gentlemen. lordship having, according to custom, drank deep at dinner, called for one fontfort, gentleman of his who had been a comedian, an excellent wimiv, aud to divert the company, as he was pleased to term it, he made him plead befare him in afeigned cause, during which he aped all the great Inwyers of the age, in their tone of voice, and in their action and gesture of body, to the very great ridicale, not only of the lawyers, bul of the law itwelf, which to me did not seem altogether so prudent in a man of lofty station in the law. Diverting it certainly was, but prudent in the Lord Chancellor I shall never think it.”
ATTENDING A CHANCELLOR'S FUNERAL,
When the first Trish Chancellor, Lord Clare, died, some barristers thought it proper that the bar should attend his funeral, but the judge mado #0 many enemies, it was thought a ‘elicato ‘business to get the leaders to agrec. A deputation wont to secure Mr, Keller, a leading counsel, and, after much beating about the bush, pis “Well, Lord Clare is to ba buried to-morrow.” “ "Tis
enerally the last thing done with dead chancellors,” said
ler, coolly, “He'll bo buried in St. Peter's,” said tho spokesman, “Thon he's going to a fri the family.” said Keller; “his fathor was a papiat.’ The mXwer
|
408 = CUMIOSFTIES OF LAW AXD LAWrEns.
converted the deputation, Tepes dear Keller, the bar mean to go in procession ie eae cbjorion to attend ‘attend Lord Clare's funeral?” * Nemo at
snid Keller; "I shall certainly attend bis funeral with the greatest pleasure imaginal Us
——“ THE WOOLSACK AND THE WAR, THE ORIGIN OF TERMS,
‘There are woolsacks in the House of Lords for the judges und other assessors, ax well as for the Lord Chan~ eellor, Bey es said to have beon steep Sale House of Lords as & compliment to the staple manu- fheture of the realm; but Lord Campbell observes that in the rude simplicity of carly tes, a suck of wool was frequen’ eapreets the jus wa caneae worden lich, and the advocates stood bebind
Welen all led the ent Geap Chane tie ee
BILBAKING OF THE GREAT SEAL
For some time Lord Keeper Bacon used the Great Seal of Philip and Mary, but on the 26th of January, 1559, this was broken by Queen Elizabeth's commands, and she delivered to him another, with her own name and al From the first he ghined the eonfidenee of tho youthful Queen, who, says Camden, “relied upon him as the very oracle of the law."
GREAT SEAL OF THE COMMONWEALTH.
At the Restoration, Charles IT. was accoinpanied by Sir Edward Hyde, whom ho had instituted his Chancellor while in exile, and to whom he had delivered a Great Seal, which be hnd causod to bo made, bearing his name, style, and anes. ‘The Commonwealth Great Seal was no more wanted, and it was dealt with as the royal Great Seal had been in the year 1646, after the surrender of Oxford. On the 28th of May, 1660, the Commons re- solved, “thnt the Great Seal, po ae Widdrington and the rest of the Into Commissionens of jane Caeeee Biosys Decaght (atelier to be here defaced.” Accordingly it was forthwith delivered to Sir Harbottle Grimston, the Speaker, “Boing
LORD CHANCELLOR AND HH GREAT SEAL, 409
lid upon the clerk's tablo, a smith wax sont for, who broke it in pieces while tho Houso was sitting,” and the pieces were delivered to the Lords Commissioners for their foes, ‘This was tho final cnd of tho Great Scal of the Commonwealth, which the King himself, in the treaty at Newport, had ngroed to acknowledge, and under which justice had boon long administered, com- missions had "been granted to victorious generals and admirals, and treaties, dictated by England, had boon entered into with the most powerful nations in Europe,
The following day tho two Housos of Parliament throw themselves on their knves before the King, at Whitehall, nnd Lord Chancellor Hyde was scen carrying the trae Groat Soal before him, in its red velvet purse, adorned with a representation of a royal crown, and all the horaldic bearings of an English monarch.
GREAT SEAL OF AN EXILED KING.
Whon Charles II. was in exilo, he resolved toappoint a Chancellor, and told Hydo of many importunities with which he was every day disgusted, and that he saw no other remedy to give himself’ case, than to put the Seal out of his own keeping into such hands as would not be importuned, and ‘would help him to deny. And, thero- fore, he conjured the Chancellor to recvive that trust, with many gracious promises of his favour and protection. Whereupon, the Earl of Bristol and Secretary Nicholus using likewise their persuasion, he submitted to the King's pleasure; who delivered the Seal to him in the Christmas time, in the year 1657,
BREAKING OF TH GREAT SKAL AND THE PIECES AS PRUQUISITES,
When « Groat Seal was broken that anew one may be used, an amicable contest, honoris causd, once arosy upon the subject, botwoen two of the most distinguishod mon who have ever held the office, Lord Lyndhurst was Chancellor on the accession of William IV. when, by an order m count new Great Seal was ordered to ba prepared by his Majesty's chiof engraver, Wat when A
for thom. The ceremony
of bis personal ros fe of beealting or “dameating * the old Great Seal consists in the Sovervign giving it a gentle blow with « hammer, after which it is supposed to be broken, and hes lost all ita virtoe—1 Camp. Chane., 27.
SPLICING OF THE OREAT SEAL The flowing acecunt of thi Int decison is given by Greville, in his “Memoira” “King William IV. ix @ wer fellow. Our Council wan a for a now Seal, and to deface the old The Chancellor claims the old one as his Perguiste, Thad ‘the batnmer, so the King said, ‘My lord, the best thing I can do is to give you tho geal’ and tell you to take it and do what you like with it! Ths Cesare said, er Lord
LORD CHANCELLOR AND THE GREAT #BAb, 411
heads or tails.” We all laughed, and the Chancellor said, ‘Sir, I take the bottom part’ The King opened the two compartments of the Seal, and said, ‘ Now then I employ you as ministers of state. You will send for Bridge, silversmith, and desire him to convert the two halves acl into asalver, with my arma on one side and yours on the other, and Lord Lyndhurat’s the same, and you will take one and give him the other, and both keep them a presents from me.”
Lord Campbell, in bis Autobiography, says a similar dispute arose between his predecessor, Lord’ Chelmaford, ela and Her Majesty followed the precedent of
‘THE GREAT SEAL NEARLY STOLEN PROM LORD NOTTINGIAM.
It is related of Lord Chancellor Nottingham, that he conforted himself by taking the Great Senl to bed with him, and that thus, on the 7th of November, 1677, he saved it from the fate which then befell the mace, und
soon after taken and hanged for it at Tyburn,”
GREAT SEAL THROWN INTO THE TITAMI
Preparatory to James IL leaving the kingdom, on William TM, landing, he had a parting interview with Lord Chancellor Joflreys, to whom he did not confide his secret, but he obtaived from him all the parliamentary writs which had not been issued to tho sheriffs, amount- ing to a considerable number, aud these, with his own hand, he threw into tho tire, 40 that a lawful Parliament might not be assembled when he was gone, To increase the confusion, he required Jetfroys to surrender the Great Soal to him, having laid the plan of destroying it, in the belief that without it the government could not be conducted. All things being prepared, and ¥arwer Bexe
a
7
ist Hi
il ue a3
ini! i i fe
a
ai
i
i
uae et
GREAT SEA. FISHED FROM THE THAMES Clavie 4 § the rman, Lords of handa
1833 i Ha
‘THE GREAT SEAL STOLEN FLOM LORD THURLOW,
yas tk
Any rei
LORD OHANCELLOR AND THE GREAT gBAL. 413
alawyer as to reprosont this burglary 8 0 mancouvre to embarrass the ment; although King James II, had thought that he had offectually defeated the Gates of the Prince of Orange by throwing the Great into the river Thames, Such expedition was used, that by noon the following day, a now Great Seal was finished, and the world went on as before,
‘THE GREAT SEAL OFTEN NOTHING BUT A PHANTOM.
Lord Eldon, when charged with using the Great Seal during the King's insanity, would have done bettor by resting his defence on the necessity of the case, and the difficulties and evils which must have arisen from follow- ing w contrary course. The fact that he did allow the King to sign commissions for passing bills; to awear in privy councillors; and to do other important acts of state, when his Majesty was wholly incompetent from mental disease, was from the firet abundantly clear, but has since been placed beyond all controversy by the eed upon the subject communicated to the public,
GREAT SEAL USED AS 4 PITANTOM,
A violent altercation took place on Lord King's motion, that Lord Eldon should be excluded from being a member of the Queen's Council, to assist her in taki care of the King’s person; on the ground that ho hi frequently obtained the King’s signature for commissions when his Majesty, on account of mental disease, was under the care of physicians, who declared he was incompetent to act, Erskino did not speak on this vory dolicate topic, but he voted for the motion, and joined in a protest against its rejection, setting forth tho instances in which this practice had beon followed, and concluding with the allegation, that “John, Lord Eldon, having 30 conducted himself, is not a person to whom the sacred trust of acting n& one of her Majesty's Council in the caro of his Majesty's pervon, and in the dischunge of the other most important duties committed to the said Connell, can with propriety or safaty be eanauhiwe\?
a
414 CORIOSITIRS OF TAW AND LAWYERS.
THE GREAT SEAL AT A WHITENAIT DINNER.
‘When Erskine was Chancellor, being avked by tho to the Treasury whether he would attend tho inisterinl fish dinner, to be given at Greenwich, at the end of the session, he answered: “To be sure T will; what would your fish dinner be without tho Great
u
E
‘THR GREAT SEAL BURIED IN A FLOWER-GARDEN.
During the sutumn of 1512, part of Lord Eldon’a house at Encombe was destroyed by a fire. This, if it did not produce at tho time as beautiful a lottor ns that eee themes eed ora Ge dente _ wards described very graphi in his old age: “It
was a very pretty rights” sald he; “for all the maids turned out of their beds, and they formed. a line from the water to the fire-ongine, handing the buckets; they looked very pretty, all in their shifts" While the flames were raging, tho Lord Chancellor was in violent trepidation sbout the Great Seal, which, although he was not in the habit, like one of bis illustrious predecessors, of taking it to bed with him, he always kept in his bed- chamber. He flew with it to the len, and baried it in a flower-border. But his trepidation was alinost as groat noxt morning, for, what between his alarm for tho safety of Lady Eldon, and his admiration of the maids in their vestal attire, he could not remember the spot where the clavie regni had beon hid. “You never saw anys thing so ridiculous,” he said, “ as seeing the whole ly down that walk, probing and digging till we found it”"— 7 Camp. Chane
E
415
OHAPTER XI.
ABOUT NICH POINTS AND THINGS NOT GENERALLY KNOWN.
HOW MANY TAILORS MAKE A mon,
A case came before Lord Eldon, as Chief Tustio, on the cireuit. At Exeter he had to try a number of tailors who were indicted before him for # riot, arising out of a com- bination for a rise of wages. Jekyll, for the defendants, crossexamining witness as to the number present, the Lord Chief Justice reminded him that as, according to law, “three may make a riot,” this inquiry was irrelevant. Jekyll. “Yes, wy lord, Hale and Hawkins lay down the law as your lordship states it, and I rely on their authority ; for, if there must be Mire men to make a riot, the rioters, being tailors, there must be nine times three present, and unless the prosecutor makes out that there were twenty-seven joining in thia breach of the pence, my clients are entitled to an acquittal.” Lord Chief Justice Goining in the laugh). *Do you rely on common law or statute ?"—Jehyil. “ My lord, I rely on the well- known maxim, as old as Magna Charta, ‘Nine tailors make a man.” Lord Chief Justice Eldon overruled the objection; but the jury took the law from the counsel instead of the judge, and aequitted all the defandants— ‘Twiss's Eldon.
WHETHER CUSTOM CAN JUSTIFY A RIOT AT BULL« BAITING. From time immemorial there had beon annually at Stamford, in Lincolnshire, a bull-ranning or bull-baiting, ‘The tradition was, that a field was given to the butchers. of Stamford on condition that they should Kod a uct vo |
spiring to distur Ee, enon ry siokcealy Santa
‘bo Janta wero popular, and a subscription was raised to defend them. as the trial Serjeant Goulburn
For two or three following, le
renew the bull-run, but the military were ment to disperse Plntlnieae bi irt £600. So, epi inhabitants saw perpetuating antiquated Dmrntallly whieh: Ereabaed (s te oo expetaive:
GIVING AWAY A LOTTERY TICKET ON CONDITIONK One Mr. Cornwallis, having set ap a “Tho Wheel of Fortune; or, a Thousand a Penny,” Mra Fuller, the wife of Dr. Fuller, sent for
ings or ip, her danghtor sand ave of on oe thus given to her fe
had to jus est disponere, The foot-boy ix an infant, but ho is Bound by the condition an well ax one of full agez ba
THINGS NOT GENERALLY KNOWN. Aly
SORUPLES ANOUT THE LETTER OF THE LAW,
A tanner near Swaffham, in Norfolk, invited the supervisor of excise to dine with him, and after it about the bottle briskly, the latter gentleman toole by leave. But, in passing = the tanyard, he unfir- tunately fell into a vat, and called lustily for the tanner's assistance to get him out, but to no purpose, tanner: "If I draw any hides without giving twelve hours’ notice, I shall ee in an exchequer process and ruined ; but T'll go and inform the excixeman!”
WHEN DEMOLISIING MEETING HOUSES AMOUNTS TO ‘TREASON,
Tt was once thought treasonable to demolish meeting houses and brothels. “A brothel,” said Parker, C.J.,on the trial of high church rioters, “is a nuisance, And may be punished ax such, and being a particular nuisance to any one, if he enters to abate it, he may only be guilty ofa riot; but if he will presume to pull down all brothels, he has taken the Queen’s right out of hur hand, and has committed high treason, compassing her death, and levying war against her in the realm. Of brothels, a0 of meeting house” “Tet ua hope,” sald Lord Campbell, “that the Lord Chief Justice was ashamed to feel himself obliged to talk such nonsonse, although backed by the other judges, and that it was through his rnoreiful interferonco that the prisonors, though found guilty, and sentenced to a cruc! death, were reprioved and pardoned,"—# Carnp, Chanc., 513,
A NICE POINT, AS TO WHETHER KILLING INCLUDES MAIMING.
Arundel Coke, Esq. a gentleman of fortune, in the coanly’ of Sumee mal ene Woolas: hie eorveat, were capitally indicted, on the Coventry Act, “for slitting the nose of Edward Crispe, Ezq., Coke's brother-in-law, with intent to maim him and distigure him.” It ap in evidence that Mrs. Coke was entitled to a iarge estate on the death of her brother, Mr. Crue, that Mr. Coke, to got possession of this etate, page
F}
an r f i384 8 i H
it
E
fh
Bas
kink
ii
ACCIDENT AND NEGLIGENCE DISTINGUISHED, It is matter of experience, that pears
fe
‘to any
no blame wi ly ought not to in
which constantly ecakens
to life and limb, which —— ve
human control, which no el
and ‘bat whieh int and
THINGS NOT GENERALLY KNOWN. 419
punishment, Tho ills that flesh is heir to are often wholly separable from any human colpabiity; ovmay be too subtle to attract tho notico of the law. In sucl case each individual must submit, as if to an inevitable mischance. These two distinetions—ono involving, and the other not involving, culpability, aro usually known to tho law under the head of nogligence and of ac- cident, If the act of one person is 80 closely connected with the suffering or loss of another that ono is tho immediate causo, and the other is the immediate con- uence, thea a liability of the former person to good tho loss of the Intter Bae arises out of tho circumstances, Why this should be scarcely requires explanation. Human life abounds in dangerous sitan- tions, and if each were to act recklessly, few would be safe from wrong and injury. At the same time, if no connection of cause and elfict between the two things ean be traced, or if it be too far-fetched, or if no con- nection beyond what is inevitable and blameless can be discovered, then no such liability arises, and each must bear his own losses. The loss is then a mere accident, for which no remedy is provided to the one, because no culpability enn be toed to the other. ‘The difficulty of applying this rule arises from the infinite variety of cireur es and mutual relations to be examined and to bo classified under the one head or the other: under blameable or actionable negligence, and under inevitable or blameless accident—1 Paterson's Lib. Subject, 247.
MY AUNT'S CASE,
‘This celebrated case, decided by n judge of the County Courts soon after those courta were established, waa as follows, The plaintiff sued the defendant for money duc ‘on an account stated. He proved his case and obtai judgment. ‘Then tha defendant pleaded that ho could not pay, whereupon the eourt inquired whether thers was anyone connected with him, within the limits of the statute of distributions, who could pay. Upon the defendant replying that he had an old aunt who eowkt pay well enough, only she did not ke to do st, Soe
‘THE WIFE'S PARAPHERNALIA TLEDORD BY HER HUSBAND. One of the nicest points which ever came before Lord
phernalis.. Lord Londonderry had given dlerry 8 diamond necklace, and afterwards pledged it as a security for £1,000, with a power to sell it for £1,500, After his death, the question arose whether the necklace ought not to be redeemed out of his personal estate fur her benefit,
The Lord Chancellor said: “The necklace is not to
spe a he Tight dispone of them cate in bis
Aime, which would
THINGS NOY GENERALLY KNOWN. 421
in this case it will be the same to Lady Londonderry if she can prove that sho wore the necklace as.an ornament, other person on birthdays and other public oeensions, whieh it has been proved she did, ‘The question arises, whether there was an alienation of it by the husband in his life-time, the husband having a right to alienate bis wife's paraphernalia in his life-time, although he eannot deprive hov of them by his will? Here, there was a
ledge with a power of sale ; and at the husband's death the necklace remained unredeemed and unsold. I ain of opinion that thia was not an alienation, and that his personal estate being sufficient to redeem the pledge, and pay all his debts, she shall be entitled to have it redeemed
delivered to her.”
IF MERELY REPEATING A SLANDER 18 A DEFENCE,
If it werw held any defence, that onc mercly repeated the slander of another, the slandered person would in many cases have no remedy whatever, for the original utterer may bo a pauper, or a prisoner, or mn man of straw, ‘The result, therefore, now is, that he who repeats a slander is eqeally Tiable with tho originator, and cannot get quit of liability by naming the first utterer; nor though he stated it not nea volunteor, but in answer ton question. If, indeed, the repetition does not parport to be a state- ment of a faet, but rather to be for inquiry, no liability may be incurred. But the repetition of a slander is not even deemed the natural and immediate consequence of first uttering it, unless in very special circumstances,
the same remedy lies against the one who repeats, as against him who invents a lander or libel.—Paterson’s Lib, Press, 184,
PROVING WHO WAS OWNER OF A LITTLE DOG,
After diligently searching the books, I find the report of only ono judgment. which Lord Chancellor More pro- nounced during his Chancellorship, and thia I shall give in thes words the reporter ae ar “Tt happened on a time 8 begyar-woman’ dog, which she had lost, was presented for m yewes So |
i EF EE Hi i iH
SEee Bl
E ee iret (RE aie fe
EEEEEE rae it Hie aie7 a ches | Fd aE : Fle
were |; every one smiling to see his manner ae ote mat’ be “ackauveloaad Gal
= confeasedly in excess aa
requit ts), stop to the trespasses.
tacis of all jeder oe be that Pr , and not common
to extenunte a species of inny assassination, at last
with ‘viows of the relative import ance of life and , had to intervene to cover over this conspicaous
‘When the Jaw as to spring-guna was about to be
THINGS NOY GENRRALLY KNOWN. 493
altered, in 1825, the Lord Chancellor said that on every occasion that this question had como before conrts of law, the judges liad becn about equally divided, Lord Ellen: borough, C.I., opposing the Bill to ronder it illegal to set spring-guns, said the gardens near London princely owed their security to the engines that wore set in them, and that gardencrs had no other means of ~ them. After much discussion a statute passed, whi drow a distinction between dwelling-houses on the one hand, and gardens, fields, and woods on the othor; for- bidding these guns generally as n misdemeanour, but allowing them in houses during the night.—1 Paterson's Lib. Subject, 235,
1S A PERSON IN A BALLOON A TRESPASSERT
A. good specimen of Lord Ellenborough’s nisi prius manner is his opinion upon the question, whether a man, by nailing to his own wall a board which overhangs his neighbour's fiold, is liable to an action of trespass? Tho judge thus expressed his views of the nw: “I do not think it isn trespass to interfere with the column of air superincumbent on the closo of another. I once had oceasion to rule, on the circuit, that a man who from the outeide of a field, discharged a gun into it, so that the shot must have struck the soil, was guilty of breaking and entoring #, A vory learned ju circuit with me, having at first doubted the decision, afterwards appraved of it, and I believe that it met with the general concurrence of those to whom it was mentioned. But I am by no means prepared to say, that firing across a field in wows, no part of the cantents touching it, amounts to a clawsum fregit, Nay, if this board commits a trespass by overhanging the plaintiff's field, the consequence is an aeronaut is liable to an action of ti at the suit of the oceupier of every house and inch of ground over which his balloon passes in the course of his voyage. Whether the action lies or not cannot depend upon the of time for which the superincumbent air is invaded. If any damage arises from the overhauging substance, the remedy is by an action on the case,”
CME 0
ace Wate iyafi Gaunt te a fast eiri, GaniL Poiiips Falun, sii EH Rr La ey play lriielatabigesliveiigertcd file Hiei aa tue Heid pili gil Hie a ae al mall ree 18 a Gini! nde esti uf
TIUNGS NOY GENERALLY BNOWN, 425
no doubt, bas come down from before the dark ages, when slaves could be kicked and beaten at the master’s or owner's digeretion; and though personal service is now a free contruet, yet the ancient taint is not wholly obliterated. Cato, the censor, after a dinner-party, used to correct with leathern thongs those slaves who bad been inattentive, or had suffered anything to spoil. And our own law for many centuries back has been too indulgent in its practice towards masters in this respect. It seems that in the time of Henry VIII. it was thought legiti- mate, and a matter of course, for lords and masters to strike their servanta with their hands or fists, and any swall staff or stick, for correction aud punishment ; and thia waa exprossly saved out of the eatogory of murders and offences done within the King’s household, And iu the time of James I, when stabbing was mado felony, it was thought necessary to save from the statute those who, in. chastising children and servants, chanced ta commit manslavghtor. Halo says the law allowed a master to use moderate correction. Holt, C. J, says more than ones, that a master has a right to strike his servant by way of correction, And Loni Raymond, ©. 0, said the master might correct a servant ina reasonable manner fora fault, All that Blackstone says is, that a master may correct his apprentice for negligence or mia- behaviour. But notwithstanding all these dicta and assumptions, which are the mflection of more conrse and barbarous habits, nothing seems more clear than that the contract of service in the present day gives no such implied authority to one party to enforce his views by breaking the peace, It is true that when provocation is listened to as an excuse, the provocation of masters must lave some weight; but this at best can be an uncertain resource, secing that every class of mankind have about equal provocations to tempt them to acts of violence —1 Paterson's Lib. Subject, 800.
A YOUNG LADY'S EXKCUTOR SUING FOR A BREACH OF PROMISE TO HER,
Tn a cage before Lord Ellonborough, the curious ques- tion arose, whether the personal ropresemtative st a young,
#26 «= cURIosrTIES OF LAW AND LAWYERS.
who had died, bei by her lover, who had Peete ee saaiiteln an action
Sitedfomapnnner isan
DOING WHAT 1 LIKE WITH MY OTFN.
Crossing Hampstead Heath, Emkine saw a raffianly tives ment unmoreifully; panteelling salesseblé tae boned pack-horse, and, remonstrating with him, received a ane; = Why, ih my owns aya Loe i a
1” As the e a shower of blows on the raw back of his beast. Erskine, much irritated by this brutality, laid two or three sharp strokes of his walking stick over the shoulders of tho
stick,
i i
“Why,” Cry em “my stick is my
THINGS NOT OENERALLY KNOWN. 427
THE RIGHT OF CHANGING ONE'S NAME.
Ther: is no ceremony or legal act reqnired in order to eflect a chango of namo, except only the declaration of a settled purpose, and the ery of some means of making itknown, Any mode of i Se neighbours, and the public, that 4 new name has been and is intended to bo adopted and recognised, is sufficient to constitute a change of name, and no deed need be executed, and no
licence or Act of Parliament need be obtained for this purpose, These aro only at best another moans of poicty, and nothing more. "Lord ¥ildon said, the King’s cence is nothing more than permission to take the namo, but does not give it; and that a man taking such name may take a le; if, left to him ler the old name, And Tindal, C. J., said, “The royal sign manual isa mode which persons often have recourse to, becauso it gives a groater sanction to it, and makes it moro notorious; bat a man may, if he pleases, and if it ix not: for any fraudulent purpose, take a name, and work his way in the world with his new name as well as he can.” And henco there was no real necessity for any person to apply for a royal sign-manual to change the name, And Tord Tenterden said tht a name assumed hy the vol act of m young man ut his outset into life, RUptd eratake baat bis, alia ehh heteaee tantly called, becomes, for all purpooos, as much and effectually his name, as if he had obtained an Act of Parliament to confer it upon him. The general use and habit is everything, when the true name of a person at a particular time in required.
The law was severe in case of a person who assumed a false name, for he was guilty of forgery (falewm), the punishment for which was banishment or crucifixion, In Lucca a person was fined for cbanging
ia name, and in case of nonpayment his tongue was cut. off. Pope Pius I. put to the rack Platina for instigating changes in people's names.—1 Paterson's Lib. Subject, 452.
PULVING AT AUCTIONS.
Lord Mansfield hud the credit of putting down the practice of pffing at auctions, namely, where toe cen,
428 «= CUBIOSTTIRS OF LAW AND LAWYERS.
himself or his agent, secretly bids for the goods sold.
lo said, “ ‘Tho practice is « fraud upon the sale and the public. I cannot listen to the arznment that it isa common practice, Gaming, stock-jobbing, and sw are all very common, bat fe law forlide thea all ‘The oo page weigher erat ie go to the highest real bidder. The owner eee oth deep er pile himself or his
his goods, and no a eee teeaias the da'at the price at which they are knocked down to him.
Lont Kenyon followed the same tale, and it has ever since been acted on. peor aerate it, the owner may exprouily reserve the power of a bid by his agent,
ACTIONS BROUGHT UPON BETS.
iM says that a sent has at Inst laid aon te mys shes be age it before stata actions to be allowed, dara bel 7 ti wagerod Sich vt thee thors ins of peors w: wi would dic first, and tho verdict was given for Lord March, Another famous case was, whothor the Cbovalicr D'Eom, who was of effeminate sppesrancy, thongs a officer, was @ manor & woman, out, and a verdict was given et oe was a Although the verdict was afterwards set aside groans it was allowed to sotle many other bot Ini same question. The Annual Regiater for “By this decision no les a sum than £75,
once es had no interest whatever in the ie opened on ‘The Chevalier, then assuming female pore alae rt eee
0 Wii ‘a spy
Lovis XV, ing out oF the R
1790, Ho then camo to Bngland, and being in g distress, lived with a lady of reputation as her o ‘but dying in 1510 was tion to be a man.
THINGS NOT GENERALLY KNOWN. 429
DAMAGES IN ACTIONS OF CRIM. CoN,
‘When actions used to be brought by injured busbands for criminal conversation with their wives, Lord Mansfield once Jaid down the law to a jury, that they were to con- sider the offence ina moral light anly, and give no greater
against a peer of the realm than against the meanest mechanic. This was te ey to prominent notice
which was published as produced at the trial. Walpoto said
the Royal Highness c
im grammar, spelling, an cabin One beg:
re ue an bard Camp, Ch. JJ.
lolters were quite infurior to hers atyle, being those of & mers wae I am all by myself at
‘A JUDGE EXAMINING A PARCHMENT WITH ZIGZAG EDGE,
On the trial of an cjectracnt case on indenture was produced, but instead of having the edge of the parchment running zi, in the usual way, seomed to be cut quite straight, Serjeunt Hill, the great black-letter lawyer, took objection to such a deed, saying that it could on reecived in sa was null = har for such a conveyance of real property must jen ture, to which there must be two parties, and. whieh must be executed in two corresponding parts, one by each party, and the sheet of parchment must bo cut in a wa ino, 80 ax to fit to each other when put together, This last teh was thought to bo a proventive of fe . An indenture was so called, said the serjeant, because it was inatar dentium, having edges of tecth. And the serjeant quoted the Year Books in support of his doctrine, Mansfiold called for the deed to be handed up to him, and holding it up to the light, and running his eye critically and along it, said, “I am of opinion that this isnot a savedhead Yaw
430 CURIOSITINS OF LAW AND LAWYRAS.
thoreforo it does come within tho definition of inetar den- tiwm laid down by the serjeant. I think it is admissible, Lot it therefore be read.”
CAN A MAN BE JS OWN GRANDPATOKR? |
In Notes and Queries, 2nd Ser., vol. v, a question is thus stated. There wasa widow and her iter-in-law, olen et a ied the son,
mother must be cither a grandfather or great this boy was therofore his own futher. And this was actually tho caso with a boy at a school at Norwieh.
the daughter Whiston Tika, ait-cuosentonty grostavaae a to his own t, juen' to father’s con, ic, himself.
A JUDGE ON THE RIGHTS OF WowRs, Chief Justice Lee, in 1737, stood up for the rights of a Se Hiya
or since bis time. Ho to.slide hotlee s hemals females were entitled to vote at the election of a sexton.
THINGS NOT GENERALLY KNOWN. 481
Moreover, it would bo strange if a woman may fill the office and. yet should bo disqualified to vote for it. ‘The eee of members of Parliament and of coroners stands
grounds, No woman has ever satin Parlia- eh or voted for members of Parliament, and we must eee that when the franchise was first created, it was confined to the male sex. But no such reason exists as to the office of sexton.”
If HS THAT MIKES AN ASS HIRES ITS SILADOW,
One day, Besar) the first of Greek orators, was hissed by a public meeting Cag and they would not CS a. here he said he had only a short
then became silent, and he began yee outh hired an ass in summertime to ere heneo to About noon, when the sun was very hot, and both he that hired the ass, and the owner, were desirous of sitting in the shade of the ass, is aa thrast the other away. The owner argued that out only the ass, but not the shadow, ‘The hirer feplied that ass ho had hired tho ass, all that belonged to the ass was also his” At this point Demosthenes appeared, os if ho was going aren Bar tho mob being now inclined to prowl He hen d him back and desired him He tl fires thia retort: “ How comes pass that you are desirous of hearing a story of the tee of an nas, and refuse to give ear to matters of greater moment?” ‘The orator then made his speech, and they all forgot about the story. And to this day this moot point has not been decided in any country,
TURNING TRESPASSERS OUT WITH HEL? OF A CONSTABLE
It frequently happens that the occupier of a house, in to turn out an unwilling guest, visitor, or tres- passer, calls to his assistance a constable. It is true that have constable in such # case is often requested, and if 80, it is his duty to attend as a 9] tor, and on the nd that a breach of the peace is likely to be commit He may, on request, assist in expel ing the intruder; but - so noting the cS cattle has no ir greater pow than any other person acting at the ocoupler's an
1H rt jie feta Hf eae ey
: Hae | i ; Beat 3s fall! i
HOW FAR A CRIME TO STEAL FROM HUNGER,
fae i etl ee Hl Hai a Hut af i peti ior ey Penal 4 iad He fe a EHIH Waal
'
THINGS NOT GRNERALLY KNOWN. 433
THE SENSIBLE AND HUMANE JUDGE,
Mr. Justice Rooke was trying a little girl who had, from the pressure of want, committed a amall theft, Tho jury convictod her with groat reluctanes, Tho judge, while applauding their sense of justice in finding such u verdict, yet declared that he sympathised with them in their reluctance, and therefore he would inflict the mildest punishment allowed by tho law, He accord- ingly fined her one shilling, and added that “if she had not got such a coin in her pocket, he would give her one for the purpose,”
STEALING THINGS AFFIXKD TO THE EREEHOLD,
Justices at Quarter Sessions are often fond of makin; a parade of their legal learning, and when a prison counsel defending thieves raise tho point, that the thing atolon is part of the freehold, the pee may be oi misled by their own ingenuity, Lord Campbell, in his Autobiography, says: “1 heard that this doctrine was acted upon in a remarkable case by the Justices of the Worcestershire Sessions. A man was tried before them for stealing horschair, It appeared that he went into a etablo one night, and-ot off'a horse loug: Waaby tall which he gold for the hair, but that the horse at the time was tied to the manger by & halter The court held that the hair, at the time of the severance, was affixed to the freehold, and direeted an acquittal. Icited this case ex relatione in Westminster Hall, when the juestion axose, whether a barge moored to a whut in tho river Thames might be distrained for rent by the landlord of the wharf t"—1 L. Camp, Life, 253,
HOW THEY MARRIED AT GRETNA GREEN,
In 1827, when Mr. Edward Gibbon Wakefield waa tried at Lancaster for the abduction of Ellen Turner, and marrying her at Gretna Green, David Laing, the villuge blacksmith, gave evidence us follows :—
“What did you do when those two gentlemen and one lady sent for yout “Why I joined them, and then
3 £3347 ere Beet ‘earn
a2; Ws Hanh t Piatt if Bun gpeenniia, 1 hat far eas EE ie ery a ik ae en Rae Bear eESeE Heater ea Bh fries ite ee hit 5.2 4 Ss eases i ue ok 4183
EDUCATION COMPULSORY WITH THE ANCTENTA
ie BH tite
PLE
ied
able and it was alaw whieh was soon ‘The Incas had a maxim of government, the children of the common should not learn the
wealth, Ne that every child should be it the common arts to maintain human And in China all
committed, the children should be educated, not forgotting the Pyrvhic dance, The feudal and slavish notions of modern countries for many centuries seem to have beon adverse to all kinds of education among the lower classes, And in the time of Richard II. the barons petitioned the King, that no vyillein should be allowed to send hia son to school,
Thi it requires only a few words to say that
machinery resembling, in some respects, that which is required in order to sive effect to the simple declaration, that no person al
to provide a mode of securing al ns against starva- tion; and in like tanner lucation laws provide against any children bei to grow up in utter
COUNSEL'S BARGAIN WITH 118 PUPIL TO PAY MIS FEI,
Protagoras, the ancient Greek sophist, took as a pupil, Enathlus, to teach him eloquence and the art of pleading causes, ‘The terms were, half of the feo to be paid down, and the other half on the firat day he gained a case, ‘The pupil remained a long time learning, and, it was thought, protracted his going into Posten, in order to avoid paying the moiety of the feo, so that Protagoras
436° CURIOSITIES OF LAW AND LAWYERS,
ote element When tho caso came on, rae claimed, “ You act most absurdly, Lie Sent ew eniond Ie the
for me, I will not have to pay; and if they mo, I will not have to pay, for thin Iast was the very bargain between us, iy, if I did not win my case.” The jadges were puxeled with this case, which seemed to them sibetble a and Aulus Gellius
dant ay prota their decision to a very
In 1805, Mr. Russll, the Exeter carrier, was beought up to the Court ot ‘King’s
wi eee Pep te pecan done wo for ft irene, Tes ase however, ii dwn i Mr. Rasell he
ine was eg to be used as bin own mena Aoi Mr. Justicn Grose likewise it would be an example to persons in olber towns, and in the metropolis, that thoy wero not to suffer nuisances of this nature, Aftor somo consultation the court directed
that the defendant shoald enter into a jizance tor Appear and receive it whenever called upon, and eeberwea en with a caution to avoid such practices in fature,
LOSING A POCKET-LOOK IN A HOTEL
In 1809, Mr. Jones, # rider, arrived at Wrexham Inn, and the place being full, hat to sleep in 9 three-bedded
TUINGS NOT GENERALLY KNOWN. 437
room, the two other beds being occupied by the landlord's fainily. When Jones awoke next , he missed & pocket-book containing £400 in bank notes, which, though he had been drinking, he recollected waa in his waisteoat, which ho ina chair at bis bed-eide, the Baie before. On discovering his loss, he roused the whole family, and all searched in vain, tho landlord and his wife being resolved to make a thorough examioation, for which they cnlled a constable to assist. The hook not being found, Jones sued the landlord, who brought forward all his family and servants, and one and all denied eversecing or ae book. Tho jary found a verdict for the plaintiff, £400, Some weeks afterwards tho Inndlord fell into difficultios, and his goods wore sold by auction; the auctioneer, on selling this bed, whetti curiosity of the audience by Chats ti ng the on which the young man slept who lost the £400, The urchaser of the lot was astonished on raising the feather to find, between two old mattresses un ith, the identical pocket-book. It was suggested that the half drunken man, with the cunning appropriate to that state of mind and body, had put it between the mattresses and forgotten all about it, But the Chief Baron thought that the real thief might have put it there, after discovering that he would probably be detected,
A JUDOE DRINKING ON THE BENCH.
O'Connell said that an Irish judge, Boyd, was a drunkard, He was so fond of brandy that be always kept a a of it in eourt upon the desk before him, in an inkstand of peculiar make. His lordship used to Jean his arm upon the desk, bob down his head, and steal a hurried sip from time to time, through a quill that lay among the pens, which mancuvre he tiattered himself escaped observation, One day this judge presided at w trial where a witness was charged with intoxicated at the time he was speaking abouk Mi Hamry. Grey lktenited band to alow ‘that the man had heen sober. Judge Boyd at once inter=
and said: “Come now, my good man, it is a very important consideration ; tell the court truly, were you drunk or were you sober upon that occasion?" “Oh,
488 CURIOSITIES OF LAW AND LAWYERS.
ite vober, my lord.” added, with a significant Lekint oracachnhe ites ata O'Connell's Life,
COMPACT BETWEEN DRUNKEN COUNSEL AND SOLICITOR,
Once, about 1687, « heavy argument coming on before Lord Chancellor Fitton, Mr Nagle, the solleltar, retained Sir Toby, who entered into a in that he would mot drink a drop of wine while the cause was at ea nel the cars of the Chancellor, who asked if it was teue that such a compact had been
as be had only promised not to drink a drop of wine, be felt he must have some stimulant, So heme abasin, into which he poured two bottles of claret,
‘then got two hot rolls of ‘tread, thom in the claret,andafethem, “Iso,” replied the lor; “in tenth, Sir Theobald, you deserve to be master of the rolls {"—1 O'Flanagan’s Ir, Chanc, 471.
DRUNKENSESS AND ITS ANCIENT PUNISHMENT.
Amid the great varioty of treatment to which drunken- ness was subjected by the ancients, all lawgivers seem to agree in treating drunkenness as a stato of disgrace; and since it is ton deliberately, it is still more odious, and without excuse. Whatever individuals may think and say, no nation treats it ax moritorious. Yet Darius is said to have ordered it to be stated in his epitaph, that ho could drink » great deal of wino, and bear it well—o virtue which Demosthenes observed, was only the virtue ofa sponge. At the Grock festival of Dionysis, it was a criine ete Pa een eid being Sere tee to the god Gy lln bnew peepee ri rece who became drank most quickly, decked with of ivy, and amid deafening drums and Pao wero equally applauded; but nt length, oven the Bacchanalia wero suppressed by a decree of the
senate, aboot 156 Re, Notwithstanding these exceptions, the offenos of drun=
‘THINGS NOT GENERALLY KNOWN. 439
enness was a source of grout vee fe the ancients,
wha tried nearly very “pemible way of dealing with it
If nono succooded, probably it was because thoy did not fin early enon, by intercepting some of the
and means by which the insidious vico is incited and
propagated, “ 7
Severo treatment was often tried to little effect. Tho Mosaic law seems to have imposed stoning to death as 1 fit punishment, at lonst if the drunkenness was coupled with any disobedience of parents Tho Locrians, undor Zalencus, made it a capital offence to drink wine, if it was not mixed with water; even an invalid was not exempted from punishment, unless by onder of @ physivian, Pittacus, of Mitylene, made a law that he who, when drunk, committed an offence, should suffer double the punishment whieh he would do if sober ; and Plato, Aristotle, and Plutarch applauded this as the height of wisdom. The Roman censors could Rte 2 senator for being drunk, and take away his horse, Mahomet‘ordered drunkards to be bastinadoed with eighty blows.
Other nations thought of limiting the quantity to be drank at one time, or at one sitting. The tians put some limit, though what it was is not stated. The Spartans also ome limit, The Arabians fixed the quantity at twelve glasses a man; bub the size of was unfortunately nob clearly detined by the historians, The Anglo-Saxons went no further than to order silver nails to be fixed on the side of drinking cups, so that each might know his proper measure. And it ia aaid that this was done by King Edgar, after noticing the drunken habits of the Danes, Jerenngus, of Thrace, went to the root of the matter, by ordering the vines to be cat down, And his conduct was imitated, in 704, by Terbulas, of Balgari The Suevi prohibited wino to bo imported. ‘And the Spartans tried to tarn the vice into contempt by aystema- tically making their slaves drunk once a year, to show thoir childron how foolish and contomptible men looked in that stato,
Drankenness was deemed much more vicious in some classes of persona than in othora. The ancient Indians held it lawful to kill a king, whon he was drank. The
|, ince 1872, no punishment is assigned to
Tn mere drunkenness, unless it is exhibited in a bighway or
Hie i i : u] Fy Tis
imprisoned if be imprisonod without a fine, ifbe is
of or di oe ‘And this jaw extends to all parts
kingdom, though under Local Improvement Acts, Har-
LN
the bour Acts, anil other spocial legialation as to rail
C are also sometimes given for arrest found drunk within detined localil
powers of interferences ee punishing those —2 Paterson's Lib.
HIGRWAYMEN 18 PARTNERSHIP. eee once filod s bill in equity against the
Hates Sefer id eseat ot een He care-
THINGS NOT GENERALLY EXOWN. 441
twelve, and while the parish clock waa striking, and before the clock of St. Paul's had struck, was born on the ath or Sth of Jannary, The opinion is stated to have been as follows; This is a case of great importance and some novelty, but Ido not think I should bo much assisted in deciding it, by reference to tho ponderous folios under which my shelves . The nature of the testimony is to be considered with reference to the subject towhich it is applicable. Tho testimony of the house-cloele is, think, applicablo only to. domestic, mostly culinary,
It is the guide of the cook with reference to the dinner hour, but it cannot bo received as evidence of the birth of a child, The parochial clock iy much better evidence, and T should think it ought to be received if there was no better; but it ix motto aed in competition with the metropolitan clock ; where that is present, it is to be received with implicit uequivscence, it speaks in a tone of authority, and it is unquestionably of great weight. Tam therefore of opinion, that Mis: Emma G. was born on the 4th of Janunry, 1805, and that she will attain her majority the instant St, Paul's clock strikes twelve on the night of the Srd January, 1826,"
LORD CIUKE JUSTICE HALE ON WITCHES,
Tord Hale went on in this style toa jury : “Gentle- men of the jury, I will not repeat the evidence unto you, lest by so doing I should wrong it on the one side or on tho other. Only this T will acquaint you, that you have two things to enquire after; first, whether or no these children were bewitched ? secondly, whether tho prisoners at the bar were guilty of it? “That there are h_ creatures as witches, [ make no doubt ab all, for, first, the Scriptures have aflirmed so much ; secondly, the wisdom of all nations hath provided laws against such persona, which is an argu contidence of ch 8 a and sul Mb judgment of this kingdom, as appears that Act of ‘Puoliament which hath provided outa proportion- able to the quality of the offence T entreat you, gentle- men, strictly to uxumine the evidence which has been laid before ‘you in this weighty case, and I earnestly
LEGALITY OF SUNDAY SPORTS AND GAMES,
The statute of Charles I. prohibited only bear-l and ball-baitings, common plays, or unlawful sports, on ‘Sundays, and these bad a definite and limited meaning. As regards theatros, those et dee subject to regulations
the peace, who can dictate beret idel raceme ss irposo fee taking And
for the pui of killing or taking them. «
snare on eorerday ek tntabich’setaine ta extoking ool
birds of less degree. With rogard to fishing on Sundays,
the statutes are not so stringent. For while
wee to the means or tho kind of fish caught on
‘THINGS NOT GENERALLY ENOWN. 443
BUNDAY OMSERVANCE DY DIPFERENT SKOTS.
Howell, in his Londinopolia, says, that a Jew, in the reign of Henry INL, ees by accident fallen into a dirty ditch on his Sabbath, which was Saturday, would not suffer any one to take him out, though rathor a necessary work. Earl of Gloucester not only suffered the Jow to continue in this filthy condition on his own Sabbath, but would not permit one to take him out on the Sunday, for that was the Sabbath of the Christians. The Jew, by this cruel joke, was suffocated, nor do the chron- iclers of the timo reflect on the barbarity of it.
OLD MODE OF SUNDAY OBSERVANCE BY BLOCKING HIGHWAY.
Tn order to prevent the violation of the law, and to discourage the practice of travelling through the town ‘of Abingdon in tho time of divine scrvico, the mayor of the corporation ordered a rope to be thrown across the principal strect, Whon Lord Chancellor Macclesfiold was about to pass on his journey, he found the proper officers: at thoir post, who to lower the rope till tho sevviec was ended. Instead of resisting the order, Lord Macclesfield quietly descended from his carrir and entered the church, where he remained until the con- clusion of the service, when he ro-entered his carriage, and expressed his approbation of the regulation—2 Law and Lawyers, 67.
COPYRIGHT—THE FIRST ACT,
About 1709 authors and publishers began grievously to complain of piracy, and the difficulty they hnd in tracing the wrong-doers, and recovering damages or stop- ping the mischief. And thoy petitioned Parliament for an Act togive them better remedies, And in 1709 an Act passed which recited, that “ persons had of late reprinted ks without the consent of the authors, to the very
it ciotriment and too often to the rain of them and
wir families” This Act caused afterwards great litigation, and, as anthors discovored to their cast, cassra
444 CURIOSITIRY OF LAW AND LAWYERS.
nothing less than confiscation of their oe was dope," as Lord Lyndhurst, Ce eed, “by introduction of one or two ill-comsiderod words in statute which was meant to be a benefit to literature, tumed out a fatal gift.”
When Captain Bell, in 1646, “at great cost, Sastre ed tebe be Conlon a , Siicrertad obecabacen yiteeiect tien tet havo the sole disposal and Leuefit of printing it teen years and that none should print the Ficensed ie This hag ag atl which toa man his own property fourteen years, wo tthe cus tothe akaoer author of the fins’ ct of Anne,—Paterson's Lib. Press, 244.
COPYRIGHT IN PRIVATE LETTERS, Tt will be seen how fallacious and confused is
SEE
te HEF
I
#
=
‘ 5 £ i :
thing as i This arises confounding the fate of the mere
with the substantial thing which is the medium
k
at
communication, The Garg tee seeuss % be Seip. the ‘absolutely to the receiver, but the letter, Terreshd, of cotsapeaiontica, lolcnen eopoiaisly, a EEE
nature.
Where the receivers at letters, or any other bliahed, of
his, without the consent of the writer, pul threatened to publish such Jettare, the Jallecs eae an injunction from the court. It is true that
Sects ts bave granted (his relief cn the profsane grinaa of there, belng’a breach of trust but it would be mere
eorrect to fie ach weg lath oe ton eae owner's right to do what he pleases with his own letter or may, however, be sometimes
, THINGS NOT GENERALLY KNOWS. 445
an express contract between writer and receiver, and the breach of that contract by the latter may be a ground also of tho court interforing to restrain publi- cation. There may also be cases in which the receiver of a letter may be entitled to uso it, as already stated, for some purpose of vindication or self-defence, in which event a publication may be excused,—Paterson’s Lib, Press, 270,
»
A VALUABLE COPYRIGHT IN A COUNSELLOR'S WoRK,
‘Mr, Bothell, an Trish barrister at the time of the Union like many of hia brothren, published @ pamphlet on that touch vexed aubject, the baller of the then Union, Mr, Lysaght meeting him, ssid, “Botha you never told mo you had published a pamphlet ou the Union, The ono I saw contained some of tho bost things I have ever seen in any of these productions.” “Tam proud yon think so,” rejoined tho other, eagerly. “Pray, what was the thing that ploased you so much?” “Why,” replied Tiymght, “as I passed ‘a pastry-cook’a shop this morning, I auw a girl come out with throo hot mincepios wrapped up in one of your productions!”
SEEKING ADVICE AGAINST PIRATES OF COPYRIGHT,
When Henry Erakine was a leader of the Scotch bar, he had a contemporary and rival barrister, Mr. Wright, who had originally been a shoemaker, but became in due time a salittaught advocate, and, having little busi- ness at the bar, composed alittle treatise on mathematics, which was yory succesful. Sometime afterwards the Encyclopadia Britawnica was published, and, among other subjects, troated of this small subjoct of his, and practically swallowed up words, lines, diagrams, aud all tho merits as he thi it of his little book. The author, highlyincensod, consulted his friend Erskino as to bringing an action of damages for invasion of copyright, Erakino, after hearing his complaint, said it was one thing to be right and another lng ‘te get his right, ‘That the publishers of the Eneyelopwdia were wealthy, and no doubt would defend to the last their ill-gotten gains.
446 CURIOSITIES OF LAW AND LAWYERS,
An action might be begun, but nobody could tell when and where it would end. Besides, there were many other authors of little books, who were in the same i
ment, and no doubt would be glad if be would fight their
mathematics and——* "What, than?” eagurly ex claimed Wright, “Why,” said Erskine, “ ish your book, and tako in the whole of the Encyclopedia as a
wotation |" The mathematician was not satisfied with thin advice, and took © grudge against: his old fries, and never spoke to him again,
447
CHAPTER XII. ABOUT WITNESSES AND JURYMEN.
WITNESSES NOT LIAGLE POR SLANDER,
A counsel or advocate conducting a cause in court
ix exempt from liability for comments and insinuations againat third partics, if these are relevant. And tions in course of tho pleadings im suits or in affidavits relating thereto, and by witnesses, aro all privileged from action, even though malice is alleged against the witness, If the moment the witness swerves from tho truth, an action were to lie against him at the suit of the party injared, this would be convictin a man of a crime of which he could not bo convicte: in a court of criminal jurisdiction without the concur= ‘ing testimony of two, It might bo different, indeed, if the process of the court were abused maliciously, and without reasonable or probable cause. The great object of the Jaw is to allow witnesses to speak freely, without fear of consequences. Therefore, when a wit- ness gave an answer which was not relevant, yet had reference to the inquiry, and was in supposed vindication of his own character, it was held not actionable as slander.—Paterson’s Lib, of Prosa, 196,
A WITNESS STATING ONLY WIIAT HE SAW.
A prisoner's counsel had at a trial several times told a witness, whose character was not high, that he must state nothing which did not pass in the presence of the prisoner. When the time for cross-examination arrived, witness was asked: “Pray, how often have you been transported?” The witness at ones answered : “T must not tell that, for it was not in the prosonco of the prisoner.”
448 CURIOSITIES OF LAW AND LAWYERS.
JEPPREYS BROWBEATING WITNESSES.
another occasion, one of the witnesses: bag dar a Plater was much offended, and afterwants deseribed himself as a “ mosicianer.” Jeffreys asked him what was the difference between s musiciancr and s fiddler. “As auch, sir, the witness, “os there is between a pair of bagpipes and a recorder.”
A witness with a long beard was giving evidence that was displeasing to J ‘6, when judge, who snid : “If Your conscience ik #5 o's your beard youl swear dnything™ Ths ‘Od man retsited ed Tord, if mieasures consciences by beards, your has none at all.”
It is related that Jetfreys, when at the bar, ielereet sania swieces te bon Bic Cl made out « complete case pid be alice tev eal “You fellow ie a Heathen doublet, peta what tare
Ree fats pt t,t ioe sore fie
Goablot os well af Le ates baad ieee ates the
west end of the town, an was remembered among | peste eh deg pay opens wp ogy ory | man.
‘COUNSEL GETTING RID OF AN ACTION FOR NUISANCE.
‘Soarlott was elit tgh the defence in an action for nuisance, ees plaintiff, and whose chief witness was a living near the alleged nuisance, Scarlett began the cros-examination of this Indy by:
ABOUT WITNESSES AND JURYMEN. 449
ai tenderly about her domestic relati her eee thotr il illnowses. The day ecu vry confidential, and appeared flattered by the kind interest taken in her. The judge interfered, and sheng these matters were quite estavints Buv Scarlett begged to be allowed to , and cn the conclusion of the cross examination, he said: “My call no Ho had shown on the miinenie testimony, that she had brought up # numerous and healthy progeny in the vicinity of the alleged nuisance. ‘The jury, amused as well on SES) gavo a yordict for tl isandiank L, Abinger’s M
CROSS-EXAMINING AN EXPERIENCED MOTIFER OF ‘THI PLAINTIFF.
Scarlett, in a broach of promise casa (Foote v. Greon), was for the defendant, aD was supposed to have been oe into the engagement by tho plaintiff's mother,
wards the Countess of Harrington, The mother, ax a witness, completely batfled Scarlett, who on behalf of tho dofendant cross-examined her; but by one of his happiest. strokes of advocacy, he turned his tailors into a success, “ You saw, LSet ipe abet at Depa Twas bub a child in hor hands What must my client ‘have been?”
A WITKISS TOLD TO LOOK A JUDGE IN THE FACE.
On the trial of Glengarry, in Scotland, for murder in a duel, a lady of great beauty was called as a witnons She came into court veiled. But before administeri the oath, Lord nei the Scotch judge (to whom ministering the of fn Sooiland), gave her this exposition of her duty. “ Youngg woman, you will now consider ourself aan the ae wate of Ala ity God, anc of thia High Court, Tit your veil, Ai off’ all bi ERT, and look one ‘tho fheo."—Cockburn’s
fem, 12:
A WITNESS ASKED TO REPEAT THE VERY WORDS USED,
Mr. Garrow was examining a very young Is lady, who was a witness in an assault case, and he EEN
450 CURIOSITIES OF LAW AND LAWYERS.
Lag a lire aT sgloy 73 if he did not Stile eda
Secken eee eee ed ee Sedeaary had aot im ‘enough to
lied, “Yea” * Retro len 1 ort wat tne rn wo * Why, sir’
am we not impadence enough to speak ther, ikaw canyon suppone thal bayer?
A WITNESS GIVIXG EVIDEXCE OF IXDECENCIES,
A_case involving indecent Leeann before Justico Maule, and the court was crowded with fomales,
au
‘The judge seeing this iS Hl MThe ladion don't taind it, abd you need not me."
SHAKING A WITNESS'S ChEDIT,
An Irish counsel, after vainly trying to shake a wit- a credit by cros-cxamination, tarned round sharply , exclaiming, “Would any of you swear now,
that bos low would not pick a pocket 1”
ASKING WITNESS WHEN ME WAS LAST IX GAOL. Mr, Baldwin was the counsel omployed person justifying bail in ibe Court oe Kings! Bench Miers some common questions, a counsel sitting —
tie boldly Lidice “When plat 6 in Sith astonGbeent,d 6 witness, a respectabl
icolared that he never was ina
in various ways, turned ES 7 Wd eaked Roe had the mai had ‘Ho was told that it was for suicide. Thote. upon Mr. Baldwin, with great gravity and solemnity,
ABOUT WITNESSES AND JURYMEN. 451
addressed the witness: “ Now, sir, Task you upon your oath, and remember that I shall have your words taken ee ie you not imprisoned in Gloucester gaol for suicide
A WITSiSS DESCRIBING HOW AN ACCIDENT HAPPENED,
An action was brought by the owner of a donko; ‘elislh wed fenced sintenea wall by sangeet ela ‘The driver of the donkey was the chief witness, and wax mach bullied by Mr, Raine, the defendant's counsel, so that he lost his head and was reprimanded by the ju for not giving direct answers, and looking the jury in ti favo. Mer. Halse BAd' a pow sefll tall Snes tyes whiol: robably heightened the poor fellow’s confusion; and continued to deal very severely with the witness, reminding him again and again of fe Jaden caution, saying, "Hold up your head, man: look up Teay, Can’ you hold up your head, fellow ? Can't you look as I do?” The witnoss, with much simplicity, at once answored, “I can’t, you squint.” Serjeant Cockle, for the
plaintiff, on re-examination, soci ma of tho wit- ness'srecovery from his confusion, him to deseribe the Position of the waggon and donkey, After much press~
ing at Inst he said, * Weel, my lor jusee, Tl tell you as how it happened.” Turning to Cockle, he said, “ You'll suppose ye are the wull.” "Aye, aye, just 80, go on, T am thewall,very good.” “Yes, sir,you ars the wall.” Then changing his position a little, he said, “Iam the waggon." “You, very good ; now proceed, ou st te wagon says the judge. The witness then looked to the judge, and hesitating at first, but with a low bow and a look of sudden despair, said, “ And your lordship's the ass!"
A WITSE83 ASKED WHAT HE CALLS THE WATER,
A plain countryman, who was most at home in tending cows and calling them home nt dual, was called to an assize in Norfolk to be a witness about a piece of land that wns in controveray. The judge naked him, * What call you that water that runs on the wouth wide of the close?” ‘The fellow gravely answered, “My: lord, our water comes without calling.”
452 — cuntosiTies oF LAW AND LAWyERS.
A WITNESS ASKED ON WHAT GROUND GOODS WERE RETURNED.
Po paiedabeh ager le age Fi
lunoen"’ *On-whal ground did ko refabs to'aeept tien Fla th” tad Jord your ou honour” (Mush
A WITNESS WHO WAS NOT BAPTIZED,
Tn a trial for highway robbery, at Lancaster, one Ton- S Chdanes Jenga wot eld e's whose Counsel
asked, Were you ever taxed?" “Oh, yeu’ “Where?” Oh man time, all town I come to, 1
Park, ly, we must swear an interpreter” One wan" acoordlogly eworn, aod ‘who mada be sign of the = FB oS at 4 - and u "Oh every place go throw "Judge. “Really, this is very fnietigt ob
think, my iord, ‘he moat be considered as religion of his forefathers, and he pled re
people are sworn in China. Let mo try, Mr. Tonsong, “Where are your father and mother?” ny 3 dead,”
Pope ig fHenongto ene. the os, and
AN IRISH WITNESS PREVARICATING,
oo i a rk asizes, “You aro a
ABOUT WITRESSES AND JURYMEN. 453
A WITNESS DROPPING IIS 1'S,
Scarlett had to cross-examine a witness whose evidence was important, and it waa of groat service to disconcert and confuso him, Tho witness a in the box, a
rtly, over-dressed gentleman, full of self-sufliciency,
uosel bogan: “ Mr, John Touikins, believe!” Yes.” “You are a stockbroker?” “I ham/” Soarlett, after attentively scanning him for a fow moments, looked round to the jury and bar and enid, “And « very fine, well-dressed ham you are, sir!” This called forth great Iaughter, which seemed to succeed in frightening the witness,
RESTORING A WITNESS'S CHARACTER,
In 1841, a divorce case was tried in America, and a young women named Abigail Bell was the chiet witness of the adultery of the wife. Sumner, for the defence, cross-examined Abigail. “Are you married?” “No” “Have you children?” “No” “Have you a child?” Here thers was a long suse. “The question was repeated and another pause, and then at last the witness feebly replied, “ You” Sumner sat down with an air of triumph, Rufas Choate was advocate for the husband, who claimed the divorce, and after enlarging on other things, said, “Gentlemen, Abigail Bell’ evidence is hofore you.” Raising himsolf proudly, ho continuod, “I solommly agacrt there is not the shadow of a shade of doubt or suspicion on that evidence or on her character.” Everybody looked surprised, and he went on: “What, though in an un- guarded moment she may havo trusted too much to tho young man to whom she had plodgod her untried affee- tions; to whom she was to be wedded on the next Lord's day ; and who wus suddenly struck dead at hor foot by a stroke of lightning out of the heavens!” This was delivered with such tragic effect that Choate, majestically pausing, saw the jury had taken the cuo, and he went on trium=
hnntly to the end, Ho afterwards told his friends thnt Goad 2 right to make any supposition consistent with the witness's innocence —Chonte's Recollect,
454 CURIOSITIES OF LAW AND LAWYERS.
A WITNESS FRIGNING MADNESS,
Dake ae a Messy of Grind mentions 0 come dashing actor nm named Bradbury, who, after playing es pea larity for a time, Ce
loxton, plete ‘iia frond Grimaldi to call on bes Tt turned out that ibury nally aman of fortune, and dining with some en one of whom was a Whitt ehe'neortin son, & gold snuff-box of his was missing, ue WAS phe o
rem warrant was ee eaaod to open person's tmanteau, where the missing box oh found, and an in- dictmnent for larceny fallowel The friends of the pecrling, ribed Bradbury, ia seal a eet the way. Tho Inter thereupon, by Siew at the critical time of the trial, went mad an sent to a mad- house and had his head shaved, and 90 became eee of being a witness, Ax soon ax the trial was over, and the pTisoner was acquitted for want of evil Bradbary Peddenly recovered his senses, and it was then he sent ‘the message to Grimaldi, and related to him the exuse of his mysterious and sudden withdrawal from the comic stage,
COUNSEL DISCONCERTING A WITNESS ABOUT HIS NECKTIE
One of the fraternity of commercial travellers, having a3 & witness long befiied Erskino, tho counsel oxamining hire, he mcenty remarked, “You were born and bred in Manchester, I perceive?" The witness said he could not deoy it. “I knew it,” sid Erskine Greet “from the absurd tie of your neckeloth.” Tho travelling dandy's weak it was touched, for bo had been di after Bean mmel ; and, his presence of mind being he vrax made to unsay tho greatest part of bie iemos in «
A TIICK-NEADED Wrrwkss,
On tho trial of an action to recover the valne of a quantity of whalebone, the defence a i walter of the article, a witness was called
ABOUT WITNESSES AND JURYMEN, 455
trable stupidity, who could not bo mado to distinguish between the two well-known descriptions of this com- modity, the “long” and the “thick.” — Still eon!
thick whalebone with long, Erskine exclaimod, in sooming despair, “Why, man, you do not soo to know the difference betwoon what is thick and what is long, Now, T tell yon the difference. You are thiek-headed, and you ure not long-headed.”
CONVICTING ON THE EVEDENCE OF ONE WITNESS,
Justice Aland told a country justice of Gloucestershire, on circuit, that a case had been intely argued at the King’s Bonch which it might be proper for a justice of the pones to know. A justico had convicted a man for killing a hare upon his own confewsion. The statute only said that he might be convicted on the oath of one witness, but said nothing about confewion. Judge Eyro seomed to be of the opinion that the conviction was wrong: judges were bound to keep to the very words of the statute. But all the other three judges were againat him, and said that confession was the strongest evidence in the world: that the statute could never be intended to exclude that, and therefore the justice of the peace was quite right to convict him,
CONSTRUING TOO FAVOURANLY AN MIsit WrrNnss,
Judge Foster, an Trish judge, was tying five prisoners for murder, and misuoderstood the drift of the evidence, Four of the prisoners seem to have assisted, but a wituess said as to the fifth, Denis Halligan, that it wax he who gave tho fatal blow: “My lord, I saw Denis Halligan (that’s in the dock there), take a vacancy (the Trish word for aim at an ungaarded part) eine! soul that's kilt, and give him a nice with a lpin (the Trish word for bludgeon), and lay him down as quict asa child.” They were found gailty. The judge, on sentencing the first four, gavo thom seven years’ im= Besa Bat when he came to Halligan, who hon ‘illed the deceased, the judge said, “Denis Halligan, have purposely reserved the consideration of your cass to
456 CUMOSErUS OF LAW AND LawrEns,
rastances, wl reflect sume credit upon you, I aball inflict on you three weeks’ imprisoument,” So Denis Halligan got off by the ee ered Se eee eee ipin for a clean napkin.
CROSS-EXAMINING THE LADY'S-MAID IN A CRIM, CON, CASE,
Danning was defending a gentleman in an action conversion wi (tbe
maid, a clover, self-composed person, wi
dently as to seeing the defendant in with her mistress. tay ‘on rising to ercss-examine hor, first made her take her bonnet that might have a peciyer of hor face, but this did not di her, as
a knew sho was good-looking. He then
brief, solemnly drow up bis shirt slooves, as if about to e in some momentous battle. Dunning then began:
Soe eee at yom is eet ae eee
valy appeared above tho bed-clothes, and that en ay nightcap!" “Quite certain.” “You have chen
i i
You on your , not master occa sionally go to bed with t" “Oh, that trial does not come on to-day, Mr. berchops!" A loud shout
ABOUT WITNESSES AND JURYMEN. 457
LEADING ON A VAIN-GLORIOUS WITNESS,
O'Connell used to tell this story of his friend, Harry Grady: "T remomber a good specimen of his skill in cross-examination, at an assizes at Tralee, whon ho de- fended somo atill-owners who had recently had a acutite with five soldiera Tho soldiors were witnesses against the still-owners. Harry Grady cross-oxaminod each soldier in tho following mannor, out of hoaring of the other soldiers, who were kept out of court, “Well, soldier, it was a murderous scuffle, wasn’t it? Yea” “But you were not afraid?” “No,” “OF course you weren't afraid. It is part of your sworn duty to di¢ in the King's service, if noods must, But if you were not afraid, maybe, others were not quite ao brave? Were any of your comrades frightened? ‘Tell the truth now.” “Why, indeed, sir, I can't say but they were.” “Ah, I thought #0; come now, name the men who were frightened —on your oath now.” ‘The soldier then named every one of his four comrades. He was sent down and another soldier called as a witness, to whom Grady addressed precisely the same set of queries, receiving precisely the sume answers—until, at last, he got each of the five soldiers to swear that he alone had fought the still-owners bravely, and that all his four comrades were cowards, Thus Harry sneceeded in discrediting the soldiors’ evidence against his cliente.”
A DISYERENCE BETWEEN A BULL AND A BULLY. At Worcester Assizos, a cause was tried as to tho sound-
re-
458 ‘CURIOSITIES OF LAW AND LAWYERS.
AN WUSIL WITNESS PROVING THAT LIFE WAS IN A TESTATOR
H & g
of tho man, who alw: pec faind word Tho fe wesin him, Oumar ese: the virtue of your cath, waa he alivet™ " | virtuo OE are the life Shad in ae oe upon you in the presence of your 0 Deere ean te is ovideneo, I Sea ‘answer me at your peril—was there not a live in the dead man's mouth when his hand was placed tho will?” The witnes: was taken aback at this juestion ; he trembled, turned pale, and faltered out abject confession that the counsellor was right; = had been introduced into the mouth of the agra eet the witnesses to swear that “life in
saHLTot
A ld |
CROSS-EXAMINING AN TRISH WITNESS,
O'Connell thus cross-examined i mad witoess in —_ transaction, ina trial under, per
called, you took a second “Why, ‘suppose took aa,
axtwo.” “Come, man, did not youtakens, ay three | day t” "Idon'tknow, faix, oaybo I dh 2 rey eat ¢ eeper did not you drink a pee!
ce riers shting 1" Ted mys of it” Wait not all bat the tae? “Ttwas:" The diveredited his testimony, and the prisoner was scqui —O'Conuell’s Life. 4
ALOUT WITNESSES AXD JUBYMEN, 459
MODE OF SWEARING A WITSERA,
Lord Enskine, during the Queen's trial, in 1820, related the following anecdote, to the great amusement of the House of Lords “My lords, when I was counsel in a cause tried in the Court of King's an witness called against me, without desoribing himself to be of ned particular sect, so as to bo entitled to indulgence, stated, that from certain ideas in his own mind, he could not awear necording to the usual form of the oath: that he would bold up his hand and swear, but that he would not kiss the book. I have no difficulty in saying, that I wished very much to fee of that witness, and I asked what was the reason forrefusing to be sworn in the uanal form. He gave a reason, which seemed to me a very absord one; ‘ Because ib is written in the Revelations, that the angel standing on the sea, held up his hand” 1 said, ‘This does not apply to your case, for, in the first place, you are no angel; secondly, you cannot tell how the” angel would haye sworn if he had stood on dry ground, as you do’ Lord Kenyon sent into the Common Pleas, to consult Lord Chief Justice Eyre, who expressed himself of opinion, that although the witness was not of any Hlovlar sect, yet ifthers was a particular modo ot aweesiag: most consistent with his feelings of the obligation of an oath, this mode ought to be adopted, So the witnoas was sworn in his own fashion, Whether he spoke the truth or not, unfortunately for es client, the witness was bolioved by the jury, and I felt: that tho judgo was right, so that there was no ground. for moving to set aside the vordict,"—6 Camp, Chane, 650,
THE EXECUTION OF A WILL IN PRESENCE OF WITNESSES,
Lord Chancellor Thurlow held, upon the “Statute of Frauds,” which requires that a will of lands shall be sub- scribed tho witnesaca in the presence of the testator, that a will was woll executed where a lady, who made it, having signed it in_an attorney's office, got into her carriage, and the earriage was accidentally backed by the coachman opposite to the windaw of the office, so that if she had been inclinod, she might have let down tho glasa
460° = CURIoSITINS OF LAW AXD LAWYERS, oft csingh, oul pote, Di wteemees poles ie ae
a i inner hath tele sab in tah | a jon as * socn srseaes sign he'll feo disposed, although if them from apy one part of a room in which he was, there bo no evidence in what of the room he was Pak Sil be prenatal nt was where he might seen
Jeremiah Mason, the American alvocate, was de! name murder. Tho professional character of the minister
: Hl
E
FE ge if ik i:
i
i t li : if
i i
CROSS EXAMINATION OF ME, WELLER BY SERJEANT BUZFUZ
thong called hy i. SarjantBarioe os Un pai 10 r fox as Wien te red hostile ‘witness, sue Sale instion was in realit crom-examination, Part of it was as follows lieve you aro in the service of Mr, Pickwick, tho defendant in ‘this case, Speak up, if. Mr. Weller.” “I mean to speak up, sir; “Tam in the service o' that ‘ere gent! * good rervico it ix" “Little to do, and to got, I suppose 1" said Serjeant Buafuz, with jo Ob, quite enough to get, sir, as the soldier’ cfdetel Man three hundred and fifty lashes,”
ADOUT WITNESSES AND JURYMBN. 461 pL Soar apa recry, or any other man
said, sir," interposed th dodges not evidence,” “Werry good, my lord,” replied Sam. “Do you recollect anything ‘particul happening on the | when you were first engaged, eb, Mr. Weller?” Serjeant Buzfuz “ Yes, I do, eir,” replied Sam. “ Have the good- ness to tell the jary what it was” “T had a reg'lar new fit out of clothes that mornin’, gen’l'inen of the jury,” said Sam; “and that was a werry particklor and uncommon Serr pel eal te lage eg was a ; and the little Me 0, an coateaaece over his desk, said," You had bettor be careful, air.” “So Mr, Pickwick said at tho time, my lord,” replied Sam, “and I was werry careful o' that ‘ere auito' clothes: wery careful indoed, my lord,” Tho judge looked sternly at for full two minutes, but 4 features were so perfectly calm and serene, that ho said nothing, and motioned Serjeant Buzfux to proceed. “Do ron mean to tell me, Mr. Weller,” snid Serjeant Buzfax, folding his arms emphutically, and turning half round to
the jury, ax mute newrance that he would bother the witness pbs mean to tell me, Mr, Weller, that you sw sate of
is fainting on the part of the plain. tiff in the arms of the defendant, which you ee rat described by the witnesses?” "Certainly not,” replied Som, *T was in the passage till they called me up, and then the old lady was not there” ““ Now attend, Mr. Weller,” aid Seeant Busfuz, dipping a pen into the inkstand before him, for the pu frightening Sam with a show of taking down his answer, “You were in the f and yot saw nothing of what was going forward! Have you a pair of eyes, Mr. Weller 2” “Yos, [have a pair of ayes,” roplied Sam, “and that’s just it, If they wos a pair o’ patent double million mi a microscopos of hextra power, p'raps I might be able to see through a flight of stairs and a doal door ; but bein’ only eyes ‘86, my wision's limited.” At this answer, which was delivered without the slightest appearance of irritation, and with the most complete simplicity and equanimity of manner, the spectators tittered, the little idee smiled, and Serjeant Buzfux looked particularly foolish,
cera gs 23 a ei
He ith Gir; sn At Wl Be aiid! Hay Eel cider + pallu eae itt en
BES 2 seLiais : gead: 44 faq g PAST
of @ party, OMAN, AF | now, what sand
dg pentitarraaper pp may ood
in cros-examinit tall?" “ Quite short and stumpy, sir;
ayidonce as to following pee serels viper oye
‘CROSS-EXAMINING AS TO PROPLE'S NOSE AND EYES, put the you your eAD
ABOUT WITNESSES AND JURYMEN. 463
almost as smallas your honour.” “Humph, what sort. of nose has he?" "What I should call a snubby nose, sii
‘They are very liko your honour's cys.” “You may go Woman.”
SKILL AT WHIST AS A TEST OF SANITY.
Tn a Scotch Court, an allegation of lunacy was made, and the advocate, who defended the alleged Iunatic, was cross-examining Professor Gregory us to the state of the
requires enh judgment, and combination—do mean to assert that that man is deranged in his mind 2” The professor Teens, “Tam no card player, but I have read m history that cards were invented for’ the amuse- ment of an insane king!”
WITNESS CLAIMING RELATIONSHIP WITH COUNSEL.
Tack Loe, a noted counsel on the Northern Circuit, was eros-examining & witness and bullying, hin very much, Tho witness, who was clothed in rags, said, “Sir, you treat me very harslily, and I feel it the more because we are relations.” “We relations!” anid Lee, “how do you make out that?” “ Why,” said the witness, “my mother was auch a person, and she was the daughter of such a man, and he the son of sucha woman, who was the daughter of such « person (naming them all), who was your great, grandfather.” “Well,” eaid Lee,“ you are right; he was 50,
jat then, my good fourth, fifth, or tenth cousin, speak little trath, I beseech you, for the honour of the han 7 for nob one word of truth, cousin, hast thou spoken yet”
A JUDGE ALWAYS AGAINST THE HORSE DEALERS,
A horse cause was tried before Lord Mansfield, when a witness, on being oxaminod, stated that the horse waa,
(A WITNESS ONCE AT THE UNIVERSITY, Sir Fletcher Norton, at Durham, examining mike abn aioae wh inane rent irritated that choleric counsel, “Ob,” says Sir Notcher, " you
A WITNESS WHO COULD ONLY SPEAK SLANG.
Lord Mansfeld usod to tell this story of = witness Giles, who once gave evidence before him in & tral arsiog' ont of w street quarrel. Witness being
of “What is fi Lead al 7 nee, I Sea des ear Bla® Saar rene te ne |
stand * di him” any more than * tyne Wig, ant plese pie lorashiy Liopeskios
z ¢
ABOUT WITNESSES AND JURYMEN. 465
sent out of court aa incapable of describing anything, and he ET EO ae of his companions that he had most " gloriously queered old Full Bottom!"
A BORROWING COUNSEL PUTTING HIS POOT IN IT,
It _ to See iE lot to pus a the a 8 to the responsibility of a proposed bail; so he tl t ft a fitting ecousion’ for the display of bla leasantry. “ Sir," said the serjeant, sternly, to the ait, “and a et how do you make out that you ave worth £3,000?” The gentleman stated the par- ticulars of his property up to £2,940, “That all's very " said the sorjoant, “but you want £60 more to be worth £3,000." “For that sum," replied tho gentleman, by no means disconcerted, “I havo a noto of hand of one Mr. Serjeant Davy, and I hope he will have the honesty soon to scttle it The sorjoant looked dixconcerted, and Lord Mansfield observed, in his usual urbane tone, “Well, brother Davy, 1 think we may wecept the bail.”
DULL DAVY BULLYING A WITNESS.
Serjeant Davy usually wont by the name of Bull Davy,” on account of bis manners, and he waa originally a druggist, and bad once become bankrupt. Boing once on the Western Circuit, ho cross-examined an old country- woman very Higorously, tespecting a circumstance that had happened within hor observation some years before. “And, pray, good woman,” said the serjeant, “how is it that you should be so particular as to remember that this affair happened on a market day,” “Why, sir,” replied the woman, “by a very remarkable token, that all the cry of the city wont that Mr. Davy, the drugster, bad thnt sornlag shat up shop and ran away.” “{ think, brother,” said the judge, “that you want no further proof of the witness's memory." ”.
DISCONCERTING A BLUSHING WITNESS,
In 1826, Grimaldi, the farnous clown, was called ax a witness ina theatrical litigation, and Sir James te
466 = CURIOSITIES OF LAW AND LAWTERS,
Roche Veto caprees hare im, court was alert at
Bre Ncaoutva natoar antl ooenonl bagaarraaet ata
tarned to them, Deere rey se a ee
Mr. Grimaldi, of Covent Garden Theatre?" "I
i fH vit
& SF if
I
ae BH
: :
A WITNESS EMPLOYED AS 4 SURGEON,
A witness dressed in a fantastical manner, having given yery rambling and discreditalle evidence, was asked in “cross-examination what he was Witnoss:
“T em myself as a surgeon.” Lord Eljenborough, c. Seal, at. does any one else employ you as a surgeon 7”
A WITNESS! EXACT IN MEASUREMENTS.
Cac fae me, and so I was determined to measure in” | A DISGUISED QUAKER WITS A Quaker coming into the witness box at Gaildball, without a broad Bien ‘or dittoes, and rather «marily
ANOUT WITNESSES AND JURYMEN. 467
dressed, the crior put the book into his hand and was about to administer an oath, when he required to be examined on his affirmation, Lord Ellenborough, asking if ho waz roally a Quaker, and being answered in the affirmative, exclaimed, “Do you really mean to impose upon the court by appeuring hore in tho disguise of a reasonable being 2”
A WITNESS DEFINING THK SIZ OF A STONE,
Atthe York Assizoa, on tho trial of an action of assault and battery, a witness gave the following lucid account of the cause of action. “Did you see the def nt throw the stone ft" “T gaw a atone, and I’ze pretty sure the defen- dant throwed it.” “ Was it a large stone?” “Tshould say it was alargish stone,” “ What was itssize?” “TIshould say asizeablo stone." "Can't you answer oxactly how big it was?" “TI should say it was a stone of some bi 5 “Can't you give the jury some idea of how big it was?” “Why, a8 near av I can recollect, it war something of 9 stone,” “Can't you compare it to some other olgech ” “Why, if wur to compare it so as to give some notion of the stone, T should way it wur as pa a8 a lump o chalk 1"
PRRSONAL ARPEARANCE OF TI DEVIL
In the time of Louis XIV. several French Indios of rank were accused of magical practices, A duchess among them was examined by & magistrate of noted ugliness. She confessed that she had conversed with the devil. “Under what figure was he ?” said the magistra gavel. "Tn his own person,” said the duchew, " he resembled you as much as one drop of water does another.” Then turning to the clerk she desired him to write down her answer, The magistrate, apprehensive of the ridicule, took earo to stop and suppress the exan- ination,
TIM BUPFIQIENCY OF TALL.
Lord Mansfield was once Matening to a wrangle by counsel as to the sufficiency of bail. A Jew, who wan dressed ina vary gorgeons suit of clothes covered AK
Heft pha Whey fia te Tee a ie 2 SG bag Phane i i aDLe Utes | patil bat EU as ti i+ gtitee qisees arte Hie 3 a HG Uae RS
ADOUT WITNESSES AND JURYMEN. 469
A WITNESS WHO WAS A TRANSLATOR
mean # translator of 2" “No, my lord, of solex” “Of souls! Ido not understand you: do you mean that sbecbes iJ epee “No, my lord, I'm a translator: mend boots and shoes.” “You mend boots and shoes ; you are a cobbler then?” “Yes, my lord.”
A WITNESS WHO HAD BEEN BLINDFOLDED.
A celebrated advocate at the beginning of this contary defended a pera er ir Sela Serge child murder. The principal witness was a knowing accouchewse, who had been taken by force, blindfolded, to the Indy’s house. She swore that her guide forded a river twiee in going to the house where herassistance was wanted. ‘The ndvocate, in commenting on this evidence, called the jary’s attention to the fact that there was only ‘one river the houses; and supposing the guide, inorder to deceive tho midwife should have made » wheel round again to pass it, them she must have forded it « third time. The ingenuity of this remark whines the jury eas they acquitted the prisoner without leaving the jury box.
A DEAP WITNESS.
oe the tere end ‘an action Senate which turned out to aght by one neighbour against another for a trifling sr The plaintiff was a deaf old lady, and after a little, the judge suguested that the counsel should get his cliont to. compromise it, and to ask her what she would take to settle it, ‘The counsel shouted out very loud to his client, “ His lordship wants to know what you willtake?” She at once said,“ I thank bis lordship kindly, and if it's no ill-convenience to him I'll take a little warm ale!"
470 —CURIOsITIRS OF LAW AND LAWXERS.
A JUDGE CHALLENGING A WITNESS TO BOX THE COMPASS.
fot the ales af 2 ip ho. the eda a wi te ele oe
Mapes coud arse poet betas eon] carn a st ke could may. thow lar tao
‘ipon thal ‘The seaman taki is op, it ce to aly all the Peis. of dhelcoatene: exactly. judge likewise said bis pater noster, and
COUNSEL DEALING WITH 118 OWN WITNESSES,
Sir Frederick Thesiger was engaged as counsel against pict eam the rule sto leading his witnemes, After. many objections
LAYING TRAP FOR A CONFIDENT WITS 8%,
O'Connell was counsel for two brothers who were indicted at the sseizes in Eanis for arson, having tried to set fire to the police barracks Mi ppone tice!
ie nade ebsir, and Rrupecreth = oi The chief witness for the prosecution said that h the barrack on fire, and pees pl on ti by pcs mo eamoll of it, wnarvell = eon kocy the sell ot pai trea” L>
ADOUT WITNESSES AND JUBYMEN, 471
“You seem to bo a man able to smell pitch any- Yes, anywhere I found it.” “Even here, in this court house, ifit wag here?” “No doubt I would,” “And do you swear you don’t get the smell of pitch here?” “I do solemnly : if it was, I'd smell it,” en O'Connell, taking his hat off the skillet of pitch which was near tho witness's chair, and holding it up to the jury, called out to the witness: “Now you may go down, you pexjured rascal! go down!” The jury entirely discredited the witness after this, and acquitted the prisonors,
A WITNESS PROVING A TEXDEI,
On one occasion, Garrow was examining an old spinster, for the purpose of proving the tender of @ certain sum of money having been duly made in settlement of an account, but found some difficulty in making out his case. Jekyll, who was in court at the time, scribbled the follow~ ing epigram, and threw it over to him:—
“Garrow, gubtait—that tough old jade Will novor prove a tender maid.”
Tt used to be said of Mr. Garrow, that he was not onl; an advocate but an actor, and that when silent he did not cease addressing the jary by the play of his features.
A WITNESS ABUSED FOR FORTUNE TELLING.
Garrow, when at the height of his tation, was examining a witness in the court of King’s Bench. Among other questions, he asked him if he were not a fortune teller. “I ar not,” replied the witness; “but 1 can tell yours.” “What is that to bet” asked Garrow. “Why, sir, as you made your first speech at the Old Bailey, so you will make your last there." “ Witness!" exclaimed Lord Kenyon, quite seandalized, “I shall commit you for your insolence.” “Take, caro, my: lord,” was the answer, “ that you do not commit yourself.”
CROSS-EXAMINING AN ARCHITECT,
Mr, Alexander, an eminent architect of several, fine buildings in Kent, was once cro-cxamined by Serjeant
the a the "The builder is ‘merely tho’ oF the ; the builder is, in fact, the machine, The
An action was brou; i reeover the amount of
ABOUT WITRESSES AND JURYMEN. 473
surveyor is not content with giving his estimate in plain Janguage, and signed with his name; ho must maume the style of an ambassador, and subseribe as an would’n treaty of peace. Look at the estimate and bill Fis wate Got the gus finclini GE hie oka HERE Hae nounces to be of the value of £350, per carpenter's work. Be is tp Rory Be epee “ pe In the digni ge of diplomacy : ‘Done at in the ete of Sussex,’ igued ag our ambaseador at Paris would conclude a treaty of peace for Great ‘Britain.”—= 1 Law and Lawyers, 206.
BULLYING A SCOTCH WITNESS.
Th 1817, an action was tried before Commissioner Adam, in which the trustees of the Kinghorn Ferry and the Burgh of Kirealdy were the parties The evidence was very strong in favour of the trustees; but it was suggested that the clerk of the trustees had mado a present of a cont to the chief witness, and it became important to shake his credit, ‘The cross-examining counsel then “Pray, where did you get that eoat you're wearing Cont!’ cont, sir! whare gob I that coat?” “Yes, I wish to know where you that coat.” “Maybe, ye ken whar I got itt” * We wish you to tell the Jury ftom whom you got ik”, «Did ye gio mo that coat?" Tell the jury where you got that coat t” “What's your business with that?” "It is material that you should tell the jary where you got that coat" “Tm no obliged to tell aboot my cout!” “Do you not recollect whether you bought that coat, or Ea ben it was given
to you?” “Tcanna recollect everything aboot ma coats, whan I got them, or whar I got thom.” “You said you remembered perfectly well about the boata forty-two years ago, and the people that lived at Kirealdy then, and John Marr's boat, and can you recollect where you got that coat you have on at present?” “T'm no gaun to say onything aboot coats.” “Did Mr. Douglas, elork to the trustees, give you that coat?" “I didna get the cont to do onything wrang for't; 1 didna engago to Le ony- thing that wasna true.” The witness was leaving the box, when the judge called him back, and explained that
474° CURIOSITIES OF LAW AND LAWYERS.
‘boats and pinnaces’ Fete tom dt ah T must tow ail gor evidenced i
i] 7 Be as a ef as 58
fy
Hi
fee ea fs iE
Be
os jadge, Lord Gillies, recalled bit,
ken hoo Tiiae had oa hae es en eo ma cont, Tilieta ler asst ta pak or tiak sot! Ji pou mmember ‘anything near the time? Have ita month, ora week, or a year! Have you week!” Witness. * Hoot a: Shag creemibe phigh eeary ta A Did Lig lana me
¥. way the cont?” Witness, * ge oh bythe cat Tyna hess was thon given up.—Roger’s Traits of Scot, People.
‘ z H 3 E w AS Secchi
EE.
re
A WITNESS WHO HAD LEVT 11S NATIVE COUNTRY.
(atte Ee his education in England, Murray Ln ogra Peconic
fap tas, origin was once, however, thrown in his teeth, and not without sore effect. When General Sabine was governor of Gibraltar, be endeavoured to extort 8 sum of money from a Barbary Jew, who lived in that place; but efforts were unavailing. To unish the Jew, therefore, for his conta , Sabine bad im soized and put on board a vessel, ‘sent him to Tetann, with # letter to the bashaw, informing ae he would receive therowith a pigeon to pluck. The bashaw, struck with compassion at the Jew’s ill: liberated him, and gave up Sabine’s letter, with whieh the Jew came to England, whore he brought an action aeainat the governor. When the action was tried, ‘urmay, who was counsel for Sabine, affected to treat the
=
ABOUL WITNESSES AND JURYMEN. 415
matter vory lightly. “reat stress had been laid," he said, “on the cruclty of the proceeding. The Jow, it had been suid, was banished. True, he was banished but to where? Why, to the place of his nativity! Whoro is tho. ruclty” the harduhip, the inition at banishing 2 man to his own country!” Nowell, the counsel for the Jew, thereupon said : “Since my learned friend thinks so lightly of this matter, I would ask him tosuppose the case hisown. Would he like to be banished to his native land (Scotland) ?” (Great laughter.)—1 Law and Lawyers, 185.
A WITNESS WITH A RED NOBE,
Dunning, while examining a witness, asked him if ho did not live at the very verge of the court. “ Yoa, I do,” wad the reply. “-And pray why hays, you weloeed wath a spot for your residence?” “In the vain hopo of escaping the rascally impertinence of Dunning,” was the retort.
A witness with a Bardolphian nose, coming in Dun- ning’s way, ho said to him: “Now, Mr. pernose, you have been sworn, what do you say ?” y, my oath,” roplied the witness, “I would not oxchange my copper nose for your brazen face,”
A WITNESS WHO WAS MISRENGER TO THE PRESS,
‘A messenger for the press, as that officer was formerly denominated, rhe ee was to obtain imforma- tion respecting seditious publications, was ones givis pvidense’ Kolsen Sua veour 3 King's Bench, apace bookseller. Mr, Hungerford, a famous advocate of the time, but more estecined for his wit and his love of quibbling than for bis law-learning, who was examining him, made some reflections on the meanness of the mes+ dutios, The messonger ropliod with some quick~ consider the place of mossenger to the press to Bs quite a3 reputable as that of merry-androw to tho re
ca;
jired to ap
a it
CHILDREN 45 WITNESSES
ABOUT WITNESSES AND. JURYMBS, aT
distort the evidence, and detract from the reliability of the first impressions, Nevertheless, this was onco done, in 1795, by Justico Rooke, who, when a little girl was brought forward as n witness in a criminal prosecution, the trial to next assizes, to allow a cl to instruct her in this subject; and some of the other judges of that i Ai said to oj of that course. ut this will probably seldom be unloxs the party affected by such evidence has the benefit of compari itiaibauressaaula grt Gy the obthd alate woe ber tie course of enlightenment.—I Paterson's Lib. Subject, 338,
A SCHOOLBOY'S EVIDENCE OF THE MASTEN'’ DRUNKEN HABIT.
Ina Scotch proceoding instituted befaro a Presb; of Ministers for the di ition or deprivation of a schoolmaster for drankconess, % boy who attended the school was examinod by the lawyer who prosecuted, and the following questions and answers were put and
. “When you attandod the school, did you notice that the master had a habit of frequently into a closeé which oj ‘out of the schoolroom?” "Yes, T did” “Did he very frequently enter this closet?” “You, ho very often went into it” "Have you ever been in the closet? Do you remember what it con- tained?” “Yes; I remember what I saw in it.” “Now tell the court what you saw in the closet." "There were a many bottles, and they were all arranged on Sialeta™ - nessgd day’ when tbe, ronaber evtleel had you the euricsity to look what he was doing?” “Yes; I and the other boys used to look in after the master, and see him there.” “You did? Well, now tell us what you saw tha master do on those occasions?" “He was handling bottles.” si Bianellings bottles! very een And can you toll us what the bottles con- tained ?”
“Yes.” "Well now, just tell these gentlemen what the bottles contained.” (This final question was put as the lawyer was about to resume his seat with # trium~ phant air.) “Yes; they were int: bottles!” No further questions were put to this witness,
478 —-CUMIOSITIES OF LAW AND LAWYERS.
A BOY WITNESS.
THE JUDGE QUESTIONING THE LITTLE GIRL.
Mr. Justice Allan Park, when trying a cause in which a Tittle girl aged ten wasn witnom, before taking her
A BOY WHO ONCE SPOKE WITH THE PRIEST.
At an assizes at Limerick, the judge tried a enso of murder, and one of the witnesses was s boy who seemed
and it, 80 that m preliminary examina Won oe ts was thought Beene, ‘and the following questions and enswers paseed : = Do yea know,
my Ted the nature of an oni?” “No” = De yout Se rm Snir int sh “¥
Ihing of the consequences of i e
i aN inf "Not w t religion are you off" "A
Catholia” “Do you never go to mass?” “No” =Do
you never soe your priest!” “Yea” “Did he nover
to yout" “Ob, yes.” Aloe les A! yout”
S toot him on the mountain one day and he bid me hold
baa be d—d to me,” down, you are not
to be sworn,”
ABOUT WITNESSES AND JURYMEN. Ai9
JURIES AND THEIR EXCELLENCES,
It has boen well observed, that notwithstandii rudeness and defects of the common law, we should ever remember its favour to personal liberty, and its admirablo machinery for separating Inwand fact, and assigning each to a distinct tribunal; whoroin it excels all other aystoms of jurisprudence which have appeared, We id liko- wise bear in mind that it offt aay specific romedios, which, after the improvement of equitable jurisdiction, fell into desuetude.
TRIAL BY JURY BULOGISED BY ERSKENE,
‘Trial by jury being about to be introduced into Seotland, Erskine took occasion to remind the House of his devoted attachment to this institution. The Duke of Cumberland, afterwards King of Hanover, excusably joined in a titter occasioned by repetition of what their lordships had 30 often heard, when the indignant orator thus burst forth : “T observe an illustrious ‘eon the benches opposite smile, and I must be ald to him, that such a smile is inconsistent with the decorum with which this House is in the habit of hearing every noble Jord express his senti- ments. But it is particularly indecorous and indecent in that illustrious to smile aba ie upon the “trial by jury. ‘Trial by jury” fnced” the resent royal family on the throne of find, and ‘trial by jury” has preserved our mosb gracious Sovereign, that iiistrions person's father, throughout a long and glorious reign, ‘Trial by jury’ is the best security for the rights of your lordships, and of overy onder in tho state, and I can never cease to feel that ‘trial by jury” has enabled me to address your lordships upon equal terms with the highest man among you,”
JURIES FORMERLY KEPT WITHOUT FOOD.
‘There can be no reason for keoping the jury from eat. ing, far less from firo and light, as to do ao would
tend to lend them to neglect their duty ; and all judges arrange the sittings of the jury, with a view to the re- quirements of nature, and no longer look with asus
480 CUMIOSITIES OF LAW AND: LAWYERS.
on any trifling indi » ay if it were w point to render ppt Arig Pacer ving Saal Tt how been said, indeed, that if the jury aro treated with meat or other
l be 1h i ae i
| fl E ll
E i i i
i 2
rH
Hi a: il il iri
ef ; [ i i
eluding anythi: the offi the court, seeit
com ing, “ the officers
; oe Ne had
them to eat, upon which search it was
them had ina; for which
day the wr was inoved to the court, and jit Oe Sa And tyro of
confees that they eaten figs, Three others
E
z
g
z
i
i
3
:
Cs = iketgia} print;
that the verdict was not void, as the eating was at expense of the jury themselves, and not of the party, seemed almost # rule, that if the jury ate at the expense of tho party, and gave a verdict for him, it was bad; but ifagainst him it was good, In a case in 1758, where the officer refused to lot the jury have candles, Lord Mansfield
=FE
“Once, when leaving Newcastle after a Blinaien ve tasmee sete ae co hss
AUOUT WITNESSES AND JURYMER. 481
Lav Scott, I was ‘ou carried the day so often, and fa had had ed no = whould taiae cols have heen beaten. I was foreman of the jury, and you were sure of my vote, for you are my countryman, and we
are proud of you,
VERDICY FOR THE COUNSEL.
Sir Francis Palgrave says that within memory, at the trial of a cause at Merioneth, when the jury were asked for their verdict, the foraman answered: “My Jord, we do not know who oan or who i ainda but we find for whoever is Mr. Jones's man.” It turned out that Mr. Jones had been the successful candidate at a rocent, election, and the jary had been working in his intorost,
THE JURY'S FAVOURITE COUNSEL.
Another version of a similar story is this, There is a tmdition current on the Welsh Circuit of the groat in- flueneo and ability of Mr. John Jones, one of the leading counsel. On one o¢easion, after one of My. -Jones's feli- citous speeches on behalf of his client in a criminal case, the NEY, ag goon ag the fades La had summod up, without waiting for the officer to called out : “My Jord, wo are ail for Jatt ener oth eo
GRATUITOUS SERVICES OF JURYMEN.
A common juryman once complained, after a a case, of being paid nothing for his attondanco, and got a friend to mention this to the judge, who however ut once replied: “Tell him that if ever he should have to be tried himself he will get w jury for nothing 1"
A JURYMAN OPEN TO CONVICTION.
A juryman who was noted for his unflinching conduct and frequent sare of oploton in in the course of his duties, was aske: 0 recorder how it was that he had such auftealty, in jing with his fellows. The
wurysnan explained : ‘no man is more open than j am to conviction, ea to bes what ia right s LweS
caso; but I have not met with the samo consideration in others,
be in a
Tt has generally been my lot to jury with eleven of the most obstinate men, not listen to reason !”
THE JURORS UNANIMITY,
ne we jie aR ma aos ust i ie faa Bh
hate FEN oe ti g223 Hares Has
& vee ett i
&.
lk
d
z i z £ i.
ty is the however ght and set result of unanimity is well worth aiming at cases, If there are occasional instances in whi
a 8 3 g
ee FE
sh t = uf ¢ 2 if a5
i
i
3 7
3
5
5 fi Ske
riait
or 459.
being wtill disagreed, a juror was dmwn. There was ina hrc who held oak iguana’ the rest——Mr.
ADOUT WITNESSES AND JUUYMBN, 483
(MP, for Bristol), ‘The case wax tried over ngain, and the jury were unanimously of Mr. Berkeley's opinion, which was, in fact, right—a piece of conscientious obsti- nacy which prevented the legal commission of a wrong— Greville’s Mem.
AN IRISH JURY'S VERDICT FOR THE COUNSELLOR,
Curran, the Trish counsel, one day had a ease before a judgo and jury, His adversary’s cave was and he had not a tittle of evidence to oppose to it, So seeing a fellow in the last stage of intoxication amongst the by- standers, he desired him to be placed in the witness box, and told the jury that the other side had made his only witness so drunk that he could not utter a syllable. The jun found for their favourite counsellor without diffi- culty.
A DEXTEROUS COUNSEL'S WAY WITH JURYMEN,
Lord Abinger, who, was so noted when at the bar for winning vondicts, was asked by Lord Houghton whether he had any special secret by which he gained so many successes, Lord ANigger shoe bt hin success was mainly owing to his habitof seldomaddressing the jury collectively, but of selecting ane or two of them, generally one, and by no means always the foreman, with whom he reasoned on the subject as best he could, piscine himself as it were in mental communication with him, and going on till be appeared to have convinced bim. “ etapa he added, ‘at one time detected my process, and imitated me ax well as he could, but somehow or other he always bit on the wrong man."
TRIAL BY JURY,
Curran used to tell an anecdote of an Lrish Partinuent man, who was onsting in the House of Commons of his attachment to the trial by jury. “ Mr. Spenker,” said he, “with the trial by Jy Thave lived, and, ty the bleating of God, with the trial by jury will I die!” Curran sat near him, and whispered audibly: “ What,Jack, do you mean to be hanged ?
Weis
=
ees
yeatar; be Wrabmyees Wana
* peedlaremh oe
Cerexemen » Fay aoe ne > but “Tnideed 1" exclaimed Wi
we fiat ths st the aneizes, thong of the ane
i
sie fe
nue
iil HAT pak ey ti i stdin’: PEG cei ae in ih Ha ! Sai Bal aii
ABOUT WITNESSES AND JUBYMEN. 485
of tho father, in order to betray that confidence, He crept like aserpont into his basom, in order that he might ating him behind hiv back!”
TOO MUCH IRONY POR 4 COMMON JURY.
Justice Maule used to tell the following story as to the bluntness of perception in a common jury, and the danger of carrying irony (which was his own) too far, A man was indicted and tried before him for wounding with intent to do grievous bodily harm, and also for a common assault, The prisoner's counsel made a desperate attempt to convince the jury, that the prisoner did not intend to do grievous harm, and that they could not find him goilty of anything but a common assault, ‘The judge told the jury that it was quite trae what the ‘counsel for the prisoner said, that if the prisoner did not inteud to do grievous bodily harm, he could not be convicted of that offence. therefore, they were of opinion that the ripping up of the prosccutor's belly, 80 ws to cause the bowels to protrude, was done without the intent of doing him any Raily lasrm, they would ae the prisoner of the aggravated assault, and find hi guilty of @ common assault, merely; but if they were of opinion that he had this intent tado grievous harm then they would find him guilty of the greater offence, To the astonishment of all, the jury found the prisuner quilty of « common assault. ‘The judge's irony being too tine, the honest countrymen took it quite acriously,
AN IRISH JUDGE CHANGING JURY IN A CRIM, CON, CASE
Lond Norbury, the Trish jadge, thus charged a jury in a caso of criminal conversation with the plaintift’s wife, “Gentlemen of the jury, the defendant in this case ix Henry William Godfrey Baker Sterne, and there, gentle- men, you have him from stem to stern, I am free to observe, gentlemen, that if this Mr, Honry William Godfrey Baker Storne had as many Christian virtues as he has Christian names, we should never sce the honest gentleman figuring hore ns defendant in ne action of crim. eon.”
486 ‘CURIOSITIES OF LAW AND LAWYERS,
JUDGE SUMMING UP AND WEIGHING EBVIDEXCR,
Mr. Justice Perrot was a scrvile political judge, whe waa 80 foolish as to recommend from Gere it ‘a congratulatory address on the Peaco from the beneh. j ee His power of discrimination was well by celebrated way in which he summed up ia in ncase of adixputed watercourm, at Exeter Avsizes concluded thas: “Gentlemen, there are fifteen witnemas who swear that the watercourse uscd to flow in a dite
gentlemen, there are nine witnesses who swear that the watercourse used to How on the south side of the bedge. Now, gentlemen, if you subtract nine from fifteon, there: remain six witnesses wholly uncontradicted, and T recommend you to give your verdict accordingly, for the party who called those six witnesses,”
‘Titk JURY DECIDING LIDEL CASE
However difficalt it is to detine « libel, expecially one alleged to be seditious or blasphemous, it might have beer ex that, when all the facts came to be ox)
‘owing to @ course of practice which was said, in 1782, to
have been pretty uniform since the Revolution,
had come to regard juries as having no other
except to decide whethor the pirce of
the alleged libel was in point of fact published : and
this was docided in the aflirmative, the jadges took on defendant
‘but the intention of the libeller. The opinions of and ling statesmen were divided as to the
——s
ABOUT WITNESSES AND JURYMEN. 487
OS. and the said it had been so held since the Revolution. ke said, that such a doctrine, whenso- ay introduced, tended to annihilate the benoflt of trial vy jury.
‘he law was altered by Fox's Act, and the jury then became entitled to find the fact ax well as the law,
Lord Camden was entitled to the chicf crodit of Fox's Act, os he had taken up the subject before Erskine, and adhered to it to the last, It took twenty to pasa Fox's Act, and it passed in 1792. tot jatburat, ex~ Chanecllor, protested against it as completely’ taking away the tights of judges, And he and Lords Thurlow and Kenyon solenmly recorded theit protest, that it mes ee the confusion and destruction of the law of
nygland.
Erakine said that “the doctrine of the Judges was too absurd to be acted upon—too distorted in principle to admit of consistency in practice—it was contraband in law, and could only be smuggled by those who intro- duced it—it required great talents and great address to hide a deformity ; & vulgar houds it became con- temptible.”
Lord Mansfield, on the other hand, said that “all this jealousy of leaving the law to the court as in other cnges, £0 in the vane bala a in the present state of stan uerile rant and declamation.”—Paterson’s Lib,
‘ress, 220,
A SCOTCH JUDGE ENLIGHTENING A JURY STANDING.
Lord Eakgrovo, the Scotch judge's tediousaces, both of manner and matter, in charging juries was most dreadful. Te was iba as ap ra nanh jataee and wie judge was addrewsing them; bub no other judge waa punctilious about it. Eskgrove, however, insisted upon it; ond if any ‘eno'of thom alipped’-wanningly down to his seat, or dropped into it from inability to stand any cn ger, tho unfertenate wight: wik'sars to) be Rema by his lordship that “these were not tho times in which there should «ny disrespect of this High Court, or oven of the law.” Lord Cockburn, syn: “ORen havo T gone back to the court at midnight, and found him
" The Attorney. |
Paying et apt Mage Glyn was too shrewd not to see the difficulty of doing that, and the trial was put off,
A SICE QUESTION OF DAMAGES YOR A JURY, Lord Denman said he once remembered an nection tried Seaport Justice eae tsa Alderman. eae jamages: an imprisonment. wae contended that the imprisonment rem illegal beeagee the conviction did not also, as it ought to, direct that the
ae pectginal gate demerger op meg ergr ee | pene enone ey the the full damuages bo bad oxtalned
reboot of not baving been whipyed |
4 JURYMAN FALLING DOWN IX A Prt.
ABOUT WITNESSES AND JURYOIEN. 489
the jury,-and call ‘ancther, Serjeant Bondy for thn ds tendang tho the best way would be to withdraw gree did'nt thine had power wo do anything but
there had been no trial. The plaintiff must therefore move the court for a new trial, and he could do #0 next
morning.
His lordship added, that onoo-on iroutt; tn a’ telal for felony, a juryman fell into # fit doring the trial, and was dead drunk. He discharged the jury in consequence, and afterwards, on argument, the court decided be had done rightly. The above case, he said, was new, and he did oe recollect that the circumstance had ever happened
fore.
EDUCATING SPROIAL JURYMEN.
Lord Campbell says: “Lord Mansfield did much for the improvement of the commercial law in this country, by rearing body of special jurymen at Guildhall, who were generally returned on ull commercial causes to be tried there. ‘was on terms of the most familiar inter- course with them, not only conversing freely with them in court, but inviting them to dine with him. them ho learned the usages of trade, and in return he took great pains in explaining to them the principles of juris- prudence by which thoy wore to be guided. Soveral of these gentlemen survived whon I began to attend Guild- hall as o student, and wore designated and honoured as “Lord Mansfield’s jurymen.” One in particular, I re- member, Mr. Edward Vaux, who always wore a cocked hat, and had almost as much authority as the Lord Chief Justice himself."—2 Camp. Ch. J.J.'a, 407,
A JUDGE EXPLAINING CONSEQUENTIAL ISSUE.
Mr, Justice Burrough, of the Common Pleas, used to resort to the use of proverbs and parables in dealing with the jurios, Ono day at nisi privs, much talle was made about « conscquential issue in the eas. He begare to explain it to the jury thus: “Gentlemen of the jury, you have been told that the first is a consequential \wxae.
Judge Foster, a short time before his death, went the Oxford Cireuit, in the hottest part of one of the hottest summers ever known. He was then so far advanced in fe as to be beg = to the duties of his office.
rh ge ju Worcester attended him, he addressed as follows : “Gentlemen, the weather in extremely bot, I am very old, and you are very well acquainted with what is your duty ; I have no doult but you will practise it.”
A JURYMAN DEAF I¥ ONE EAR. Baron nea. _ = inde | to try a = i
juryman present imself who, bei ‘i
the clerk who administered the pares tisth bee ge, on inquiry, was told by the ju that be was
Pi SE ae the jade pais “Well then, you
may Mave the box, for it i necessary that jarymen
sbould bear both sides.”
491
CHAPTER XIT. ABOUT THE DEAD AND THEIR WILLS.
A JUDGE LEAVING LEGACY ‘TO PAY THE NATIONAL DEBT.
When Sir Joseph Jekyll died, he left his fortune to pay the national debt. Lord Mansfield aaid: “Sir Joseph was a good tnan and a good lawyer, but his bequest was a very foolish one. He might a+ well have Cae: to stop the middie arch of Blackfriars bridge with his full bottomed wig.”
‘The will was afterwards set aside by the relatives, on the ground of imbecility.
A LAWYER PURPOSELY LEAVING HIS WILL OBSCURE,
Sorjeant Maynard, tho black-letter lawyor, who died in the feign of Willison ILL, is aid to have lef a will rposely worded in ebscure terms, so a8 to give rise to itigation, and settle some very flue moot points which had a0 often vexed him in hie Ifatime.
LAWYERS’ WILLS,
A great lawyer who had a very bad son, in his Iast will lof hia a Jegaey to auch a value and this verse of Mr. Pope’s to think often of—
“An honest man’s the noblost work of God.”
Spence, in his “ Anecdotes,” thinks this was said of Lord Mansfield, but he never had a son,
Lord Chancellor Cowper, on his death-bod, ordered that his son should nover travel (it is by the absolate desire of the Queen that ho does), He ordered thin froma grees
of observation on its effects, He had found that
be and much to be feared
Atwell, who is the young lord's tator
abroad, gives but a very discou: account of it too in
WILLS AS A SOURCE OF LITIGATION,
Lord Eldon says that when he went the Northern Cirenit, the first toast at the circuit mess table after the King, was * the scboolmasters” In those days they made wills, ete, which furnished frequent employment to the
LBSLs ON TUX DEAD.
used in the Inw as if the same kind of injury. were
anger, pride, or By the Roman law the was bound to protect the good name of the decensed, and any insult offered to the dead body was deemed offored to himself, and a good cause of action. Heneo, when a father's @atue was strock with s stone, this was an injury to the'son and beir, and could be redressed by section. Oor law has never gone so far as to give damages, and yet thero aro traces of tho same right and the same wrong, ses made Tarps verge all nations in. the jiteral manner in whi imposed is difficalty ; for after the death of a person, a tribunal of forty judges sat in solemn inquest to try his character for and evil, and cast up the balance, If, upon the F accusations were not proved, then his body was
to be boried; but if the verdict was against him, the
ABOUT THE DEAD ASD THEIR Wibts. 493
Tones ores: csfosed)lfacial.endirael ach a a aa ssrtning in tho hoago of hie deacoodante All the jude Tea scully ‘roverstal § Golin: wan:ticegi 4 hol ak ees fost lam, tbat ap man, ahaald be allowed 0 apedle tok The doad.—Putersou's Lib, Press, 155.
FINDING OUT TI MEANING OF A WILt.
Lord Alvanley, when the construction of a difficult will wns involved in a suit before him, at the Rolls Court, was
moaning of this gibberish 2”
THA ONEAT THRLLURSON WILL CASH,
Poter Thellusson, by his will, loft his immense real and personal property to troatees, that the rents and profits sigh accumulate during tho lives of all his sons, and of all hii mdechildren, that should be living at his death, and of any ichild that should be born within the usual time of gestation after his death, to be laid out in landed estates, which wers to be finally divided between the representatives of his three sons, and failing bis descendants, to go to pay the national debt. His family disputed the validity of the will, on the ground thal although the corpus of the property might have been rendered inalienable for a period thus limited, the rents and profits could not be so disposed of; and that it was contrary to publie poliey to allow such an accumulation, which might render the individaal in whom the whole might contre dangerous to public liberty, and too power- ful for @ subjech The decree supporting the will was affirmed on an appeal to the House of Lords, but an Act of Parliament, introduced by Lonl Chancellor Lough- borough, was passed (39 & 40 Goo. ITT, ¢, 98), forbidding such accumulations in future for & lor period than twenty-one years. All apprehensions of the Thelluson property swelling to 1 magnitude dangerous to the crowe,
494 CURIOSITIES OF LAW AND LAWYERS.
or to public liberty were effectually allayod by the Weark, eel Ohncery eating. pioneers
within soventy-five being the shortest period bya bable, then in that time tho fortune
amount to £27,182,000, Hargrave said if there were one descendant only to take, bia income would be 21,900,000 a year.
‘Thellusson’s last grandson died in 1856. A dispute was Savile Un Giaes poatgucacn, < be gaaba ores whether the ¢ reat |, or tl " ‘dest son should inberit. "Tho House of Lorda decided, om ri cattle bray ha by the eldest son was
¢ heir. By that time the fund had been #0 sweated down by litigation, that little more than £600,000 fell to the lot of the heir.
LORD MANSPIELD'S SHORT WILL. Tt was pe the wiseneres at the time that Lord Mansfield’s will should be written only in
and ultimately, in the good things of
ABOUT THE DEAD AND THEIR winks. 495
A WIth IN RYMR
In 1787, the following will was proved in Doctors’ Commons, and passed a considerable personal estate, Administration with the will annoxed was granted to Paul Whicheote and others :—
tia if my wealth, ML digg of my wealll And Tin to lve
On this side the grave To some ano oF other And I think to my brothor Because I foresaw
it my brothron-In-law
If I did not take caro
Would come in for thoir whare Which I nowise intended
Till their mazmers are meniled
‘That
Bo TZ it into hotch pot ‘Ax much as in me Loe
To the son of my mothor ‘My own doar brother
To have and to hold
All my silver and gold
‘Aa the affectionate pledges ‘Of his brother John Hodges,
STEALING DEAD BODIES FOR DISSECTION,
‘The cupidity of man scers in all to havo prom rate plied the living, but tho doad, by mpd the graves and despoiling them of the ornaments, voila the Piety and charity of friends have placod in honour of the dead. By the old Roman law it was a capital crime to injure or dig up a dexd body laid in its grave, which punishment was sometimes commuted into banish- ment. And the Christian emperors continued (oe \axt.
496 — CURIOSITIRS OF LAW AXD LAWYERS.
of ves. was the most infainous of all robbers, andthe Ghareh treated hit aa liable to public Coke observed, that the stealing of a shroud was larceny, because it was tho of tho oxoeators; but as to the dead body itself, y could not be committed, Tn England, the stealing of dead bodies during the
it century to supply subjects fur modical discovery
become frequent; and @ Bill was broaght into Parliament to allow tho dead bodies of those canvieted of bu: or highway robbery to be dissected; but the Bill was rejected, During the Anatomy Bill dis-
pounds for an adult body, and sold children’s bedies at so much per inch, And sometimes ten pounds were paid, At length a statute was to enable the dead bodies of convicts, paupers, and others to be obtained without asy violation of decorunm,—2 Paterson's Subject, £25.
LAWYER'S REQUEST TO A LUNATIC MOSPrTAL
A Froneh advocate of Colmar by hix will bequeathed 100,000 francs to the hospital for lonaties of that town. “T have acquired this tony,” said be in hia will, “ those who spend their lives in litigation, It is then only a restitution.”
A MINER OLVING ASD REQUEATHING,
A solicitor was sont for by a miscr who me oe for the parpose of drawing bis will, The man of law Logan, I give and bequeath,” when he was by the testator,” No, no, Lean do nothing of that ¥ i i eath anything; I cannot do it.” “Well then,” said solicitor, after a little reflee- tion, “supposo you say this way—I hereby lond so-ands ro tobe repaid with interest at the last day.” “Ye ‘ that's better, that will do” and the miser felt comfortable in stating the details, -
ABOUT THE DEAD AND THER wines. 497
A LUGACY WITH AN LMPOSSIBLE CONDITION,
Swinbarne mentions & boquoat of a legacy to a person ‘on condition of bis drinkiog up all the meee in the sea; and it was held that, aa this condition could not be formod, it was void,.and the legacy was good without it,
LAWYERS OUTWITTING THEMSELVES AROUT LEGACY DUTY.
Moore says it was mentioned by Joy, that Sir William Scott, to save the legacy duty, made over the £20,000 he intended for his son William during his lifetime. But William, who died before his father, made a will, leaving this sum back again, so that, Sic William did not escape the duty after all, Aud now a question has arisen whether Lady Sidmouth, to whom the sum was be- queathed by Sir William, eau establish her claim to it— adding one more instance to the many already extant of great lawyers committing blunders in the manage- ment of their own legal affairs.—Moore's Mem.
LEGACY TO ONE OF MY FARMING MEN.
A logacy was bequeathed to William Reynolds, “one of ny fertile (tsidts Ustgree ei ees ale eave of that narne. William Reynolds (Na 1) was the only male who lived in the house with the testator, and was a jack-of-all-trades. He cleaned the boots and knives, waited at table, milked the cows, fad the pigs, and occa~ sionally took @ hand in the rick-yard and on the farm. Ho was called “Old Will," and was paid wookly we
No. 2 was # mere labourer employed on the farm. The execotors having given the legacy to “Old Will,” it fell to Viee-Chaneallor Knight Bruce to decide which was en- titled. The judge said: * If No. 1 was a coachman, groom, and gardoner ; if he was a valot, footran, and butler, why may he not also have been a farming man?" So Old Will was beld entitled to the legacy,
A LEGACY OF BLACK AND WAIT 1onsKS.
In Martinus Scriblerus’s Reports, the following in+ teresting case was written by Fortescne (Wm), Yow wh
‘CURIOSITIES OF LAW AND LAWYERS,
498 friend of id afterwards and Master of PoRiralling wood Biles Yor estate, odloared,
i i : 2 F i
‘The court was in doubt, and after great delibera— tion, gave ji for the plaintiff, But after their judd tb anew difficul po feayre pdb = the horses were mares,and so the court took timeagain to consider, and to this day the point has never been settled,
of so heartless a joke tives con for. Accordingly, jadgment was given
AROUT THE DEAD AND THEM witts. 499
for the servant who was legates. An appeal was carried to tho Parliament of Paris, but tho j eos was affirmed, and thus the old miser was made to do something which Byer! would have made him turn in his grave if
@ had suspected any good would be done to a human being through him or his ostate.
A LEGACY ON CONDITION OF GIVING THR HEIR WHAT THE LEGATER CTOOSRS,
In France, before the abolition of the Jesuits, a gentle. man left all his estates, not to his only son, bat to the convent of Jesuits, on condition that on the return of testator’s son from’ abroad, thoy should give him what~ pak per pare piobe The son did es and de- manded a share, and they gave him a very si ion. Ho consulted the lawyers, and an advocate pert pris to sue the convent, and thus pleaded his client’s cause, “The testator,” said the advocate, “has left tho son that ahare which the fathers shall choose ; la partie qui leur plairoit, are the words of the will, Now it is plain what part they have chosen, by what they keep to themselvas, My client then stands upon the words of the will, Let me have, says he, the part they have chosen, aud I am satisfied.” The court could not resist this ingenious reazoning, and ordered the bull of the estate to be given to the heir accordingly.
CHAPTER I. (continued). MORE ABOUT LAWYERS GENERALLY.
Gee ont, BL)
Hall. ‘Bless me, what numbers do I see here—all In Mack !—how is it fet i te ee employment?" ‘Nothing so conceived,” returned muy companion : ‘they live by ing each other. For instance, the catchpole watches the man in debt; the attorney watches the catchpole ; the counsellor watches, the stersey the velitee the counselor, ned all ad sufficient wnt.’ ‘1 conceive you,” interrupted 1: Tow eudi'ech ether; ten ko client who par them all for watching. It me in mind of a C fable which is entitnled “ Five Animals at a Meal.” A a
grasabopper filled with dew merrily singing under shade. Kcwthengem thal cata geaaa cae.)
I
it for its prey, and was jast stretching forth to devour it. se ee ee wea ties Bel ool ee was coiled up to fasten on the whangam. A yellow was just upon the wing to dart upos the serpent. A hawk had just xtooped from above to seize the bird. All were intent on their prey, and unmi of their danger. So the w ate the cot prelate ae
the hawk the bi high, n vultare gobbled up the hawk, ' gam sod all, in a moment.’”
MOE ABOUT LAWYERS GeNERatty, 501
SATOLRON’S HSTIMATE OF TH LEGAL YROFESSION.
Napoleon I. said: “I havea higher opinion of the medical or rather the surgical profession than any other. The
action of the law is too severe an ordeal for poor
uman nature. The man who habitnates himself to the distortion of troth, and to cxnitution at the snccess of injustice, will ot last hardly know right from wrong. So with politics: a man must have a conventional con- science. The ecclesinstics become h ites, since too much is expected of them. As to soldiers, they are cnt- throats robbers. But the mission of surgeons is to benefit mankind, not. to destroy them, nor to i them against each other.”
Napoleon farther said, “ My code ia the sheet-anchor which will save France, and entitle me to the benedictions of posterity,”
LAWYERS ENVYING MEN OF SCIENCR.
Daniel Webster, near the close of his career ns a successful lawyer, snid to Professor Silliman: “I have given my life to law and politics. Law is uncertain, and
litics are utterly vain; but there is n noble certaint in science which commands my admiration, and I shoul eee: to spend my remaining days in the study of science.’
CHOIR BETWEEN THE RAR AND POLITICS,
Lord Brougham says of Grenville, who, like Pitt and Percival, Jet the bar at on ently age for polities : “I have had too much experience both of Parliament and of onr profession to prononnce, with any confidence, what Fe wishn Ealeen freee ial bac rll aden oi gbedi oneal tr will succeed in Parliament, But I bave no fear of saying, what man would have made a good lender of eauses, an even ultimately good judge, bad he devoted himself to is profession, und nol thtongh impatience exchanged it for no profession at all. Such {s politics. A man cannot carn his subsistence unless hia party is in power, and if he takes a line to obtain place or to keop it, he acts without regard to his principles, So long»s memes
502 = CURIOSITIES OF LAW AND LAWwYEnS,
ok Taiomnent Tooskpe nei pss, thie nese alae ae 00
to his exertions in
rests—if they are called upon to vindicate the fandamental maxims of that system which they have passed their lives in studying—these men often talk the langange of sanages or of children. Those who have listened to @ man of this elses in his own court, and who have witnessed the skill with which he analyses and digests a vast mass of evidence, or reconciles a crowd of precedents, which at first sight teem contradictory, scarcely know him again, when, s few hours Inter, they heat him speaking on the other side of Westminster Hall in his capacity of I Intor. They can searvely believe that the paltry q sehich ure\feintly Mesrd thtougt a storm of oraettie aa which cannot impose on the plainest country gent! can from the same sharp and vigorous i which had excited their admiration ander the same roof and on the same vic i Wordsworth Cmbb Robinson, that the Inwyene disgraced themselves during the debates on the C
=|
MORE ADOUT LAWYERS GENSRALLY. 603
Bill of Serjeant Talfonrd, and said that laws wonld he better made by any bodies of men than by lawyers. ADVOCATE SACRIFICING EVERYBODY TO HIS CLIBNT.
Whon Brougham defended n Caroline, in 1820, he alluded to oth
had been thus laid down by Lord in his view of duty “no law: wrong thind parties Ja the i which on edvooata wielda he ought £0. nso na a:warsior and not as an’ asensel.”
DE, TARR ON THE LEGAL PROFESSION,
In 1793 Dr. Parr was taken to the House of Commons to hear a debate of importance, and sat in the side gallery. When Fox rose, a8 he went ou the Doctor's eyes sparkled with animation, till at last he could no longer contain him- aclf, and he rove as if with the intention of speaking. He was reminded of the grogs impropriety oC inverwuytmny, Doe
~~
504 — CUBIOSITIES OF LAW AND LAWYEUS.
orator, and sat down. After Fox exclained Had 7 followed any other ser praftedon Tega have been sting by the side of Uhat Hlastriows statermatie
should have ye al all ian powers of argument—all Enkin eloquence—and all Hargrave’s law." When afterwards asked his ‘of the three learoed pro-
fessions, the Doctor on “Physicians are the most Jearned—lawyers the most ccirtaie= tenn my profession.”
SYDNEY SMITH ON THE LEGAL PROVESSION.
Srdoey Smith said: “The law is decidedly the best
fession for s young man, if he has an: is him. ia the church a man is thrown into lift with his hands tied, and bid to swim : he does well, if he keeps his head above water. But then in the law he must have stout beart and an iron digestion, and must be regular as the town clock, or he may as well retire. expect in a lawyer the constancy of the turtledove.”
THE CHOLCR OF A PROFESSION BY A FOND PAMEST.
Bishop Warburton, being asked by » friend to what fexsion be meant to breed his son (who lied young), said it shonld be as be torned oat. If he pend bane a lad of very good purts, he should make him a lawyer; if but mediocre, he shoald bring him up m Physician ; but if be proved a very dull fellow, he shonld pot him into the ehureh.
A LAWYEn's Swiit CONSCIEKCR
Southey says: “The most upright lawyer acquires sort of Swiss conscience for professional uso; he is oom tang, s that considerations of right and wrong havepothing lo with his brief, and that his business is todo the ltbasen for his client, however bad the ease. If this went no farther than to save a criminal from punishment, it might be defensible on the ground of humanity, and of charitable hoy Bat to plead with the whole eset of fan artfal mind in furtherance of a vexatious and suit, and to resist w rightful claim with ail the derioee
MORE ABOUT LAWYERS GENERALLY. — 505
of legal subtlety and all the technicalities of legal eratt— I know not how he, who considers this to be tetas towards his client, ean reconcile it with his daty
his neighbour; or how he thinks it will appear in the account he must one day render to the Lord for the talents which have beon committed to his charge.”
WHAT THE MONKS THOUORT OF LAW.
St, Thomas of Canterbury snid it was an admirable thing for on advocate to deliver the weak from the of the strong and the poor man from those that would devonr him, bnt a moderate salary wonld profit him more than the treasures of avarice.
St. Bernard asks: “What. is this, 1 pray? From morning till evening to litigute or henrlitigatious ? Duy after day nttereth strife: night after night indicates malice. It is u stupid heart not to feel its own continual vexation.”
Peter of Blois, advising a king's confessoragninst stady= ing lw, suid: “ Law is always litigating about contracts, injuries, actions, obligations, jadzments, sentences, appeals or other things, which fan the ashes of litigation. The eloquence of lawyers is all exereised on sins and filled with quarrels. The legal epirit is one of elation, of cupidity, of boasting, of error and fiddines, of a pride languishing over questions and battles of words, leadi men into the guilt of those who ure double-ton secking filthy Incre.”
A certain lawyer,” says Cavsar of Husterbuck, Intely died in Saxony, and after death they conld find no tongue in his mouth. Deservedly he lost it, dying, who had so often sold it while living. When Master Henry and Falco of Treves died, many noblemen of the country died about the same time; and I remember a certain canon saying, ‘These nobles did well to take their lawyers with them, for they will stand in gteat need of them.'”
NOW LAWYERS DIFFER IN OPINION.
Wilberforce observed, thut the most eminent lawyers acknowledge they almost always think their own eases
506 = CURIOSITIES OF LAW AND LAWYERS,
right. But the decisive proof is the different judgments formed by lawyers before they have taken har side, at least before their passions are sharper contention and their judgment warped. How differently do different lawyers advise: yet how much more might conformity be expected here than in politics, where we often have to calculate on uncertain data, to proceed on mere con- tingencies, and to argue from facts which are perhaps wholly disputable !
LUTHER ROASTING THR LAWYERS.
Luther is very severe upoa the lawyers; bat be seems to have had in view only that por of them called canon lawyers. He says: “There is nn undying struggle between the lawyers and the theologians ; it is the same
onisin as between the law and grace. We have to the Jawyera for filling the world with such an infinitade of subterfuges, evasions, shifts, shirkings, and chicanery, that matters have become worse than they were in the tower of Babel. There no man could ander- stand his neighbour, if be would. With as, thanks te the lessons of the knavish lawyers, no man will under stand his neighboar though he can. Oh sycophants! ch sophiste! pests of the hnman race, 1 address you fall of fadlgiation, it 1 am by no means clear that 1 should speal coool, looked for by the other lawyers he is treated as a rebel. We have all heard of the story of the advocate promising am ‘attorney that for ten florins paid down be woald under take to prolong a Iaw-suit then in haud for full ten years, There may bo some honest pions men staong them ; if £0, I except them from my censures. There ought to be *n every country two hundred divines to one lawyer.”
AN RVANGELAST'S ADVIOR AS TO BECOMING AX ATTORNEY,
In 1739, Joesph Periam was one of the (alleged) Iunatics who used to be chained st Bedlam Hi in a semi-naked state, and exhibited like the beasts
MORE ABOUT LAWYERS GENERALLY, 507
to visitors for a fee, nt_a time when he was visited by Whitefield, and said to be quite sane. Joseph had been intended for the legal profession, but was put in Bedlam becanse he prayed londly and once gave hia clothes and all his money to the poor. He hud read one of Whito~ field’s sermons, and wrote to him complaining of the horrible treatment he suffered; and among other questions asked Whitefield whether it would be lawful to try and escape from his prizon-house, and secondly, “ whether he might without olfence to the Koxpel of Jesus Christ follow the business of on attorney.” The evangelist replied : “ As to the business of au attorney, I think it unlawful for « Christian—at least, exceeding dangerous. Avoid it, therefore, and glorify God in eome other station,”
ANOTHER EVANGELIST ON HONEST ATTORNEYS,
John Wesley, in 1745, published a tract entituled “A Farther Address to Men of Reason,” and he scarifies the profession, beginning in this way: But cannot au honest attorney procure mejustice? An honestattorney! Where will you find one? Of those attorneys, who ore called exceeding honest nttorneys, who is there that makes any seraple to do such things as these?” He then enumerates, in scathing language, eleven flagrant mis- deeds, which, even in the Victorian era, these gentlemen were sometimes said to commit; but the evangelist seems to assume they are the inseparable misdeeds of al? attor- eat and then he concludes thus: “ This is he that is called an honest attorney! How much honester is a pickpocket |”
A FAMILY PRAYER FOR AN ATTORNEY.
Samuel Hick, a notable Weelevan preacher, who died at Micklefield, Yorkshire, in 1820, and who excelled in extempore prayer, spent on evening at a friend's honse, where the other two guests were the Rev, Mr, Brown and Mr. Smith, a solicitor, At family prayers Mr, Hick officiated, and prayed (among other things) fervently that Mr, Brown might obtain a good wife. He then prayed that Mr. Smith might be converted in these wor.
508 = CURIOSITIES OF LAW AXD LAWYERS,
“ Lord, save the 'torney. What he is, Thou knowest—1 know not, But when ho is saved he will Prgeenpo so much money for their jobs. Thou hast saved attorney at Long Preston, and he ents an good ame any ofthem. Lord, save this man !
A YOUNG LAWTER YEARNING FOR POSTHUMOUS FAME.
Folin Adams, second President of the United who at twenty-five had just finished bis law begun to look abont him, thns wrote in 1760 to his friend Sowall: “I cxpect to be totally forgotten within seventy years from the present hoor, unless the retina tate name in the college catalogue should Inckily preserve longer. When Hetven doeigus x extsscrdinesy SEEM one that shall distinguish his path through the world by any great cffocts, it never fails to furnish the means and opportunities, but the common herd kind, who are to be bora and ent and slocp and die and be forgotten, fs thrown into the workl, as it were at random, without any visible preparation’ of accormmodin~ tious. "Yet, I have very few hopes, I am not ashamed to own that a prospect of an immortality in the memories of all the worthy to the end of time wookd be high ee to my wishes.”
t
vehement fire of passion, aod was irresistible im his declamation.
FRECEDMNCE AT OXPOKD BETWEKN LAWYERS AND PHYSICIANS.
About 1384 » controversy ned between the physicians and law; as Woah ye Oxtel e nccording to Anthony & Wood, ae very bi arriving at the ‘of seandal, it es rd fall
Seen of its and nom-Regeots that of physic shonld sit in congregations ae pep redl
4
MORE AVOUT LAWYERS GENERALLY. 509
the right, and the lawyers on the left of the Chancellor. Which statute proving irksome to the lawyers, and they therenpon moving their cause to the Court of Rome, the king PGichanl TE) sdommacded allreaeh mies EAM Tata ar to be trandlated tothe harm of the privileges of the university, to be annulled, and that they, the suid lawyers, go not out of the kingdom, or send sums of money for the same cause, or hinder the chancellor and proctors in the execution of their office. What followed ix a manifest. Bat the lawyers received a check from the king.
Tn 1470 the old discord between the physicians and Inwyere of the University of Oxford broke out ugain.
dangerous and tronblesome it was to the peace, by the frequent quarrels that were had between each other, wherein bloodshed was aften committed, that complaints were made to great Jeeta about it, as in particular to the Archbishop of York. Bat how the quarrel ended appeareth not,
AMSPECT FOR THE HONOUR OF THE DAR.
Mr. Dunbar, a barrister on the Home Circuit, early in ineteenth century, was remarkable for his invincible pertinacity and impudence. He would often, as amicus curia, interfere in the proceedings, and keep up his interference fo an intolerable extent, neither counsel, jndge, jury, nor usher being able to stop him. Justice ‘Alan Park ‘one day, being annoyed with this gratuitous interference, expostulated warmly, and ended by saying, “Mr. Donbar, if you have no respect for your own character, you ouglit to have some respect for the honour of the bar.” The onabashed counsel at once rose, and said, with great gravity : My lord, you and I and every- body clee have heard of the unicorn, but neither you nor T nor anybody clae has ever acen’ it. I take it, the honour of the bar ix just such another fabulous wonenity + everybody has heard of it, but nobody hae as yet been #0 fortunate us to wee it.” Whut deeply annoyed the Court was, that some of the spectators audibly applauded this very impndent sally.
|
510 = CURIOSITIES OF LAW AXD LAWYERS.
A sMUGOLER'S THKOMY OF Law.
A man in the proventive service on the south const told this history to Mrs. Norton, the authoress. He said he had once becn s smuggler, but he fell in love with fine young woman who wanted to marry him. On her
pes jecting to his character, he swore to reform. le went to his smuggling eompauions and demanded his pertscship., They cofuants cad longed st hel Saray ershi a ut bis ; Though Me cfiered to refer the claim to an) ariateatee they only Innghed the more. This exasperated him ¢ #0 This did bis bo goa, but Ube cxpente to his eoxapaniont im no ly the expense to would be more thon his share if they had penceably ven itto him. Mrs. Norton made some comments on is method of redress; to which the man rejoined: “ Yeu, marm, bat yon see they darn’t nor I darn’t complain at law, ‘eos it was a smoggling craft; and that's how it wonld always be, if there was no law—a man wod and right hisself, and if he couldn't, he'd revenge hi ‘That's just it.”
THE KING'S COUNCH, CUTTING DOWN LAWYERS’ FEES.
In 1002 the Duke of Luxembourg having a heavy suit before the French Parliament, soxmpletaing ite the king of the extortionate focs of advocates, the king recommended the Parlinment to issne an edict a reduced scale of fees, and ordering that receiy be given for all ‘confided to them. The to the number of four hundred, strack work and retarned their certificates to the registrar. This created conster= nation and clamonr, and stopped all business. Heury TV. bees Coa to Si end a Bigogue las ay a ion exelaimed: “These bawlers fancy thet the tite willbe ruined ! What do these vermin think they are wanted for? If under Charletungne and other great kings, when neither advocates nor attorneys were known, thonld it not continue to flourish when rid of
» |
MORE ABOUT LAWYERS GENERALLY, S11
There’s not a day-labourer in the kingdom who is not of more use to the community than this swarm of creatures, who enrich themselves af our follies and the artifices they invent to stifle trath, trample upon right, aod darken reason, If we are ao blind as ayer anable to live without them, what I Lae is, that they should be com- manded to return to their employments on the conditions Sire by the Conrt and on pain of being obliged in lefwalt to return to the shop and the plough from which they came, or else serve the state in Flanders with a musket on their shoulders, I will anewer for it, if method be taken with them, that we shall soon see them ran with eagernesa to resume their smockfrocks and btails, like vermin Eee, = heap of wheat,”
The rene, and rey of this address made the whole council roar wit angi and most of all the king. After a decent interval, a mode was discovered of gettin over the difficulty by withdrawing the edict, on
the plea that some general order on the whole subject of a eee character would be drawn up at issued
‘THE ORACLES OF THE LAW AT A TORTURE CASE,
Tn 1619 Lord Chancellor een WA Ki sear 1 that “it was fit Pencock be put to deserveth it as well as Peacham did.” “Chamba in a letter, thus described the scene: “One Peacock, sometime « schoolmaster and minister ints a far pans brained fellow), was the last week committed e Tower for practising to infatuate the King’ s jadgment by by Ceol ‘they ve the business of Sir
Hxeter, He hath been strictly examined
iy the "Lond Chancellor (Bacon), the Lord Coke, the Lord Chief Justice (Mont Yen the si General (Yelve- don), Solicitor General (Coventry), and others : and on Toosday was hanged a by the diene and though he were very impatient of the torture and swooned once or twieo, yet I cannot learn that they have wrung any reat matter ont of him, Sir Thomas Lake was confronted with him at the Lord Chancellor's, whereon a suspicion arises that the matter may reach to him or his Lady.”
“a
512 CURIOSITIES OF LAW AND LAWYERS,
A LAWYER DOING 4 HANDSOME BROTHERLY ACT.
He did o otherwi discovering and reclaiming jir Matthew Hale, at & young
Sir John’s eldest brother hi & most nite vexed his worthy father the jadge, who resolved to cat him off with « shilling, and who left fine estate of Killwor second éon, the Speaker. After the old gentliman’s death, when will was read, the
impression, and smote him to the soul, so that he for & time into private life and became a reformed man. Sir John the second, seeing this radical change effected in his eldest: brother Sir cis, began to consider how en his father would have to witness it, aud w he would have then disposed Oe ee etait eng ela nq ot aoe So he took course, and one day invited a large dinner-party, including: his brother Sir Francis. Amid the piel dishes one wax carefully placed before Sir Francis, who was requested by the host to take off the cover and himself to some fine preserves. The astonishment the guests was unbounded, when they noticed that the dish contained the title-<deeds of the Killworthy estate, with a conveyance from the host to the eldest ‘barter? thereby doing what their futher would have been too glad to do had be lived fo see that day.
HOW TO END A CHANCERY SUIT.
Lord Enniskillen, on his father’s death, found s pitoe of waste land the subject of desperate contention) him and an old lady, So he called upon ber, and found her rather stiff shy, as was watnral, At last con- versation turned to the chancery suit in which they were embarking. Lord Woniskillen took out a sovereign, and remarking, * Well, I think this is a better way of the business,” tossed up, erying, “Heads or tails
ail
ia
MORE ABOUT LAWYERS GENERALLY. 513
“Tails!” cried the old lady, falling involuntarily into the humour; and “tails” it was, and the land was hers! A few days afterwards Lord Enniskillen had to preside at a dispensary meeting, when a very handsome sum was sent in by the old lady, who had had the land appraised, and feeling some misgivings, hed sent the exact amount to this charity.
33
CHAPTER If, (continued),
MORE ABOUT JUDGES. (Boe ote, p18)
SOME ADVICE TO INFALLISLE JUDGES,
Not long afterwards he had an nipetaniy of
coansel for the losing Ly, ani bes ae es
he might well move for a new trial. Lord Mansfeld was relating this circumstance to his brother jadges, who looked horrified nt the cool and indifferent in which their chief talked nbout the ssibili o mistake which he had made, or even they of his ever hanging his opinion. The chief is
added, “ Weil, after all, it is only showing the
that you are wiser to-day than you were yesterday |”
HOW TO BRING ABOUT A MAJORITY ON THE BENCH.
In the time of Charles I., the Earl of Lord Treasurer of Scotland, had a his estate, and bad reason to know that the ji Scotch Conrt of Session were abont oqually di that the ultimate decision would turn on the opinion of the Lord President. It occurred to the Treasurer he hnd once relensed from prison uw famous mi enlled Willie Armstrong ; and after a confidential view about the pending luw-sait, Willie saw his its solntion. He found ont that the President take an airing on horseback on Leith sands attendant, one day, disguising himself in a
MORE ABOUT LAWYERS GENERALLY. 515 sagt Son Willie attacked the judge, and trassing him
up bel im nuder horrible threats, rode off with great ane and by secret paths, to an old castle in Annan~ le, called the Tower of Graham, The judge was cast into the vanlt and kept there for six weeks, being fed through a hole in the wall, The judge sincerely believed he was held in durance by a sorcerer. Meanwhile, the horse having been found without its rider, the judge was iven np for drowned, and a successor was appointed, The law-snit waa taken up and concluded, and jadgment iven in favour of Lord Traquair. Justice being thus lone, Willie Armstrong once more entered the vant. in which the Prosident. was immured, muffled in a large cloak, and again placing the prisoner behind him on a pica, the judge was dropped once more on Leith sands, which, to the consternation of his snecessor and his Jeera Wise he reappeared, like a ghost risen from the dend.
A JUDGE AS AN ADVANCED THINKER,
Beattie says be knew well, and often had discussions in private lifo with Lord Monboddo, That Scotch jndge always uttered the most extravagant eulogies of Aristotle and the abatraser parts of the Greek philosophy; and said that no man who was iguomnt of Greek could write a page of good English. He thought Herodotns was am Infallible historian, He beli in the existence of sutyrs and men with the hearts of dogs, and other Egyptian monsters. His favourite discourse was upon the men who were found with tails, and he firmly believed such men existed in the islands of Nicobar in the Gulf of Beugal, and even in this country. He said men were ty natnre cannibals, and therefore not social animals ; that elavery was the etate most Teh for peasants; and that slaves and the cattle onght to be annexed to the soil and bought and sold slong. with it, Ho thought little of Roman literature; and if we excepted the Roman law, be said, there was abc in the Latin tor that deserved preservation. With all these peculiarities, the jndge wos an honest, worthy ond friendly man, indulgent to servants and kind to tenants , a0
AN OLD JUDGE SENTENCING HIB JUVENILE BENEFACTOR,
‘When Sir Anstin Nicholas, who beeame a judge uring the Commonwealth, wae at. school, and bad been sentenced toa ‘which to his delicate constitation
Corie Ei school Wake
low told him that Le eigen ‘a tria) of nerves, and that he woold take on himself the fant and the panishment, whieh he did. After years Sir Austin, after at Exeter a was a royalist and guilty of treason, had to sentence him to On hearing the name and after making ii discovered that it
the jndge was his old sch icine Thereupon he was terrible remorse and uneasiness. He resolved would leave no stone anturned till he had rescued friend from the fate appointed. He exhnusted nena! methods of approach to Oliver Cromwell, ‘will was then supreme; and at last found no otheralterna~
ju
ol L ‘concealed his efforts from the prisoner, but be took care to seek an interview when that risk was past. He rashed to the prison, explained the old familinr connection Between himself and the prisoner, and ‘the
| ronan ‘was us unexpected as it Rare wegen | political partisans, then so bitter in . and hatred. =
~~
antagonism
LORD HOLT IMPROVING TAR OCCASION.
Pete baton, Chel Fenton oe not repairing a an old witness was baste wie ti bod peemned 80 hale and chy
MORE ABOUT JUDGES, b1T
the judge asked what he lived yy ‘The old man replied, nae Heead ba tiariociey ees aie added, "Pye scarcely tasted meat and never drank any liquor in bora days.” The judge turned to the bar aud excl
“Yon see, gentlemen, how the blessings of health long life’ wait on temperance.” Shortly afterwards another old witness was called, who said he was 116. Again the judge turned tothe bur. “ You see, gentlemen, how vigorous an old uge i4 attained by those who never have debauched or debilitated the eg ‘autare.” His lordship then snid to the old man, * Well, I suppose yon have ales lived much the same sort of fife an your neighbour there.” The second old mau Be ree “Not me,—oh, that man’s a milksop. I my: love good strong ale, and have loved it from my cradle. I have drunk freely all my life, and have wever gone to bed many and many # year without being happy. It’s stron, ale, your lordship, that’s given me my strong old ae The judgo was taken aback, and apologived to the bar. “Gentlemen, T see, after all, it lies between no drink and only one sort of drink, I fear my encomiums on temperance must now be rather lost upon you,”
A JUDG ON THK DECAY OF NOBLE FAMILIns,
When Chief Justice Crew, who died in 1646, are bik opinion to the Honse of Lords on the Oxtird cera case, in which he advised that a remote male heir shot
be preferred to a female nearer in blood, he alluded to the noble dignity of the De Veres, which had descended so many ages, that no other kingdom could produce sach a peer holding one and the selfsame oume snd title. Theo he continned : “I have laboured to make a coves nant with myself, that affection may not press upon judgment ; for I suppose there is no aman that hath any apprehension of gentry or nobleness, but hia affection stands in the continuance of a house go illustrious, and would take bold of a twig or twine thread to uphold it. And yet Time hath his revolutions; there must bea period andan end of nll temporal things—yinés rerum—an end of names and dignities and whatsoever is terrene. And why not of De Vere? For where is Bohan? where i»
618 = cuniosrTms OF LAW AND LAWYERS.
? where is Mortimer? Nay, which is most
of al, where is Plazi 2 They are entom bed in the
rns aml sepalehres of mortality ! i pe De'Vere-vtand so long as t-pleaseth Gi
A JUNGE TRYING CAUSES TILL TH CRACK OF DOOM, Tn the year I an opinion did run thi the
Peeeesiae eieed obs world would come that year, Ftc pgat roo vie beat
A JODGR SITTING AMID THUXDER AND LIGHTNING, Chief Baron Macdonald was ee ander and
MORE ABOUT JUDGES. 519
A JUDGH WHO MAD NOT SEEN HIMBELF POR THIRTY YEARS.
When Lord Mansfield sat for his portrait to Sir Joshna: Reynolds, and the pictare was completed, the artist asked him, us he used to avk his other sitters on all such occasions, whether he thonght it a good likeness, The judge said: ee cannot say, for as my servant dresses me and pata my wig on every morning, it is um
me to look in a glass ; and, to tell you the trath, I ine not done so for the last thirty years of my life.”
LORD MANSFIELD'S COSTLY MIRRODS.
When the American Jndge Curwen in 1776 visited London, he was taken ey ae friends to see the seat of Lord Mansfield, at Caen Wood, Eanes neor London, and says: “The house elegant, not large—the centre ix anoble portico : the walls of the hall, saloon, chambers, ete,, covered with paper of Indian or Chinese figures: the library, o beantiful room, having a fine prospect of St. Paul's, distant about seven miles, through a wood, over a lawn, in a fine piece of water. ‘The house contains the largest mirrors I ever saw, being 74 fect high by 3h feet in width. In the hall are two tables of jeb marble, the walls hang with portraits of Lord Mansfield = Lady, who was » daughter of Finch, Barlof Notting-
am.”
HOW GREAT JUDGES GY THROUGH THE WUSLSESE,
When Home the historian was attending one ‘of the Sunday evenings at Lord Manefleld’s house in Bloomel Square, his lordship was boasting to him of. ee
business which he got ee Hume said, “How waa this possible?” Lord Mansfield said he would tell him his secret. When he went: to the sittings atthe Council, or any of the other Courts, he called for a list of canses, and he could easily distinguish which would draw attention ; und those he studied as well ax he could, or ax his time permitted. The others he left to chance or off-hand opinions, Lord Camden always said that he was sure thet Lord Mansfield never decided a cause, right or wrong, from o pure motive all his life.
620 © — CUNIOSITIES OF LAW AND LAWYENS.
BMINKNT POLITICIAN CRITICISING EMINENT JUDGE,
The Earl of Shelburne, a contemporary statesman, thus - drew a sketch of a “Lord Marateld wasn
able advocate, but of no kind of foree or "
cowed by Mr. Pitt in the Honse of Commons, with the imputation of early Jacobitism constantly hanging round hia neck, besides belonging to the Duke of Newcastle. I have heard from different Easergr erm
mistake to th diligent, I have known many, and sever knew an instance to the contrary. He certainly was by nature o eminent man, bred, like all the great families of Seotland, an intriguing aristocrat, ¢ and indefatigable, ez friendly and very timid, "He left Scotland at sixteen, contrived, ie eye ase eat hi tte., to get ri jis brogne, but alway ina voice, like Leoni, the Jew singer. ie wan by no TmCans wanting in scholarship, particularly classical q thanks to Westminster School. He never applied saclay Cheat be mover Like the pone ee me whom ¢ the gen ch, Lord Mansfield had no regard to trath whatever. Sir Thomas Clerk, M.R., said to Sir Eardley Wilmot: * You and I have lived long in the world, and of course have met with a great many liars ; but did you ever know = a a will a — we have prs ae in, fore twelve le, every one of whom, Sates kab also that dele?” Bot tho worst part of his character ax a jedee wee what kkk led ae Jaw, snd no fond parent conld bo more attached to oftepring than Ba nee felt inventions. beg lecent. habit of attending appeals agai own decrees in the House of h =
JUDGE POSING BEFORE THE WITS.
‘Whon Baretti was charged with marder, arising ont of freeads Rie street Tete ett In the Here whore he was rudely jostled by roughs, his
MOBR ABOUT JUDGES. 21
hastened to sorve him, sud accompanied him to prison when he was committed for trial. A few days Inter those fiends—Reynolds, Fitzherbert, Burke, and G attended at Lord. Munsfield’s house to be bail tor the prisoner, When the party entered, his Lordship, aceording to Malone’s account, without paying much attention tothe business, immediately and abraptly began with some very flimsy and boyish observations on the contested passage in Othello, * Put out the light, ete.” ‘This was by way of showing off to Garrick, mina opinion of him, however, was not much raised by this impotent und untimely endeayonr to shiné on a aubject with which he was little acquainted. Sir Joghua Reynolds, who had never eee him before (and who told ‘the story to Malone), was venti disappointed in finding this great lawyer so it
ittle at the same time,
JODGK AMMITIOUS TO FOUND A GREAT crTY.
Lord Gardenstone, the Scotch jndge, who died in 1703, and knew all Pee! by heart, had a little country estate at Laurencekirk, and he had an intense desire to become the founder and lawgiver of a great city in that quarter—rising amid the barren wastes ; being emulons of the renown of his contemporary, the great Frederick of Potsdam, or even of Romalus and Remus. This mania left him always in debt. He published clrenlars and plans inviting the human race generally to come aud settle within the ambit of his domains, and take an allotment at the trifling charge of ten shillings. Like Solon and Lycargns, he had a little code of printed instructions ready to teach the most savage mind how to become wise and prosperous in a very brief space of time; one of the sage aphorisms being, that every man was to pay his debts before they were due, But there was one inexorable condition—namely, that cach settler was to build his own tenement at his own cost, Some non- deseripts from various qnartera ventured to take np a Jodgment, and they built every species of rade hut which their fancy and poverty conld suggest. The venerable sclf-anointed governor and judge held ont always this gtent crowning attraction—namely, that while in other
522 CURIOSITIES OF LAW AXD LAWYERS,
og aber ig hb pag fer Noe pan rr 8 be was to in matters of business all his (written and oral) for nothing, and he was to have his taken and put in o gallery as a
18 of turf and heather at every anglo and in every coign of vantage in course of time arose, and the creator was for a few yeara so prond of his modest snecess, that he declared that he had tried a varicty of pleasures, but pone equalled that of watching the progress of his city; and he only wished his wealthy neighbours, instead of woe their a aod se is! a and cockfighting an litics, would try his plan of perfoct appt He taht Saal) baat vue ata ‘ohm town, whore portraits of local worthies were hung in the parlour, and added a small stock of books ; but some ribald wits wrote unseemly verses on the wall, which disgusted the philanthropist and led to the withdrawal of this boon, And after some quarter of « century all these towering hopes of the great city and centre of civilisation ended in Foe and vexation of spirit, and now all is less than = Irenm.
A JUDGE MANAYENG IS COOK.
Sir Walter Scott heard one day a person e: astonishment that an eminently wise and learnt jodge had married his cook ; and explained itin this way,
“Tam not ot all surprised : we ate all fools together, only with this difference—thst one man shows his folly in small matters every day, whereas another, like onr friend,
reserves it for some one great act of madness’ Lord Hale's explanation of the same circumstance waa upon the whole rather neuter (see ante, p. 25).
THR JUDGR'S MOTHER UELIRVING IN MMM.
Patrick Grant, Lord Elchies, the Scotch jodge, was considered the quickest if not the greatest lawyer of his day, and only second to Lord Arniston, He died fa 1754. He was noted for starting novel arguments, and for ng rather unpleasant sneer when ta iting judge's opinion. Whatever wax the opinion of his contemporaries at the bar, his mother had
= |
MORE ABOUT JUDGES. 523
fall confidence in him, and when told of his being made a judge ond Lord of Session, coolly replied: “ Aye, wad nn be surprised, if my Pat were made a king!" His kingly virtues were always too sora ‘He wus most arettoni ta, etling: orith apttctal coches, ant onda aa energetic hanging Judge, Once, on going circuit, the Provost of Glasgow, havipg an urgent perma a ment, begged to be excused attending his lordship in state one flay ; but the jndge was equal to the occasion, and replied, “Oh dear, no! I con no more dispense with your presence in my procession than with that of my trommpeters !”
JeVGL PONG NUSINKSS TX Ms mE.
When the great Lord Barghley was Lord Treasurer—a high jndicial and administrative office—and had to hear causes, he had the knack of getting through a great basiness, according to his secretary, in this dexterous way. “Tfhe found the cages difficult, or deserving spo to be censured, he would ever make motions for arbitrament, and cither by his authority or persuasion agree them, 60 as he ended more causes in a term than were before ended in @ twelvemonth. This drew npon him such a multitude of suits as was incredible, but to us who saw it. ‘There was not a day in a term whereon he received not an hundred petitions, which he commonly read at night, and gave evar mien ‘his answer the next morning, ax he went to the hall, His Inbour and care were so incessant, and his study so great, as in cases of necessity he cared for neither meat, sleep nor rest, till his business was brought to some end. I never saw him half au hour idle in font-and-twenty years together. If he had no business
ich was very seldom—he was reading or collecting. If he rid abroad he heard suitors ; when he came in he despatched them. When he went to bed and slept not, he was cither moditating or reading ; and I have heard him say he did penetrate further into the depth of causes, and found out more resolution of dubious points in his bed, than when he was up. Indeed, he left himself scarce time for sleep or meals, or leisure Co go to bed!”
524 CURIOSITIES OF LAW AXD LAWYERS,
CALLING A CHIRF JUSTICR A CAT.
Tt was said of Coke, that be lost his preferment the same means by which he got it—by his tongue. HA
was excellent, however, at im ing a disgrace ; so that James I. used to eomy him to 6. cab that whatever happened, always ¢o slight on its feet, Duke of Buckingham once wonld have restored him if Coke would ouly have given gmtnity bat, hs nanimonsly answered that = jadge ought not to
nor take a bribe. His favourite eaying was, “ matter ina little room.”
WHY SIR EDWARD CORR WAS CASHIRRED. The story given by Coke's grandson of the dismissal of the Chief Justice was this.” One Sir Nicholas Tafton being very aged, and having a patent for life of the Green Wax office in the Kjng’s Beneh, Villiers, the Ane favourite, promised to get Tafton made Earl of Thaset if he would surrender the patent, Sir Francis Bacon, Viscount St. Albans, was set by Villiers meanwhile to soand if he would upon such a vacancy prefer another to the office, Coke said “he wonld and could not wrestle with my lord.” However, after Tafton sw Coke to admit of « Seis by tun je nomination, but stood upon hia right, said that the jr of the peek ered the Rig to this Tow, tod therefore would so dispose of the office the other ji ot the King’s Bench’s salaries should Phat pe pon Coke was turned ont of his place, and Montague put in, who disposed the office as the favourite leased. But thongh the favourite’s displeasnre Pere with Sir Edward, it did not end #0, nor the of our new favourite, for he was o few months after created Earl of a however, Sir Edward might have been restored again to bis place if he would: have given a bribe, but he answered—“A Jadge ought not to take a bribe nor give # bribe.” -
SOs Det ctbter ax to the usual contemporary eccoeab it
Coke's distimal e |
MOKB ABOUT JUDGES. 525
A TUDOR PUBLISHING A SERMON.
When Sir David Dalrymple, usually culled Lord Hailos, was a judge of the Scotch Conrt of Session, in 1761, it happened that two ships trading from London to Laith were wrecked on the coast between Dunbar and North Berwick; twenty-two passengers were drowned, and the population of that district turned out and shamefully pillaged the flotsam and jetsam. The jndge was so shocked that he immediately published “A sermon which mints have been preached in East Lothian on October 25th, 1761, on Acts xxvii. 1, 2, Tho barbarous people showed na no little kindness,’” and dispersed it through that part of the country. Tt was composed with such tragic pathos and cogent arguments that it seared the consciences of the rural bandits with a hot iron, and prodneed snch nn effect that several parcels of . part of the plunder, were bronght privately to the church nnd deposited there.
A JUDGE CONSULTED ANOUT A REAL GHOST.
with their blood and formally sealed, to this effect,—-the whichever of them died first should and give an account: to the other of the world of spirits, and there was a proviso, that if the deceased should not return within a year, it was to be concluded that per- mission was refused. Greenlaw died first, in 1774, aged sixty-two. Smellie waited till near the end of a year, when he became more and more anxiona, and could not sleep for several nights, owing to the intensity of his expectations. One evening he fell asleep in he ehair, and in a dream he saw his friend Greenlaw hebited in ‘hostly white, who solemnly informed him that he had fia reat difficulty in procuring permission to return according to the agreement ; that he was now in a better world than the one he left, and yet that the hopes and wishes of its inhabitants were by no means satisfied, for, like those of the lower world, they still looked forward
returned Se ee ee Se
i eB
i sy i ie tr fj
F. F Ey t : § f i
i i i i 3 F if
iF ay Hi 5 He 1 4] wa
were attai to enable a creditor to recover small nt alittle cost, it would not bedesirable. Such slaw only make trdesmen lax in giving credit, a it, and thereby occasion s isehief to both. To give facility to enable a creditor to make debtors pay more owed, and frequontly to force others to pay did not owe.” This great Tory jndge also ridicnled locomotive funetions of the proposed ji
i pitey ini
if bead
£ i ly LE
WA utr dat Sir Eaiard Suga enero t the Sonakry the nllscatation ef bed fenton ©
a
Mone AROUT JUDGES. 527
A JUDGE'S ADDRESS TO A GIAND JunY,
Mr. Justice Page, the “hanging jndge” who tried Savage (ante, p. 207), aud looked on. cial ponishment a3 a rare loxary, was described as ju ige withont mercy, and a gentleman without manners.” In his charge to a ‘Middle sex grand jary, he once began thns: “I dare venture to affirm, gentlemen, on ey own knowledge, that England never was £0 happy at home and abroad as it now
"In another charge to a grand jary at the assizes he delivered thie masterpiece: “ Gentlemen of the jay, you onght to inqnire after recnsants in that kind, and such a» do not frequent the church in that kind: but, above all, such as haunt alchonses in that kind, notorious whore- masters in that kind, drankards and blasphemers in that kind, and all notorions offenders in that kind are to be
ented in that kind, and as the laws in that kind irect must be proceeded against in that kind.” After the court rose, one gentleman of the grand jary being asked by another how he liked the judge's ‘charge, bees “Well, it was the best of that dind that Lever
JUDGE CHANGED WITH FAVOUMING HIB SON-IN-LAW.
When Lord Chelmsford was at the bar in 1849, and conducting ® prosecution before Chie? Baron Pollock, whose son-in-law, Mr. Martin, Q.C., was for the defendant, the former took frequent objections to varions leading and irrelevant questions pat hy Martin. Pollock, C.B,,2ald at, Inst, “1 can only repeat, Sir Frederick, what I have before said, that counsel must be intraeted with a certain extent of discretion,” ete., ete. Sir Frederick warmly retorted, “T cannot but feel that my learned friend is allowed a discretion in this case, and in this court generally, which would not be extended to myself or other counsel in this or uny other court.” “That ix n very improper observation, Sir Frederick Thesiger.” © am sorry your lordship should think #0, but I feel what I spoke.” “The judge therenpon rose and sald he could not, possibly proceed with the trinl ; saying that, when a judge is publicly insulted, he can have no other alternative than to
528 CURIOSITIES OF LAW AND LAWYERS.
th At Be complait tried to'sovelinte oiby “Mr. Martin Rue sad wall be wool Help nw tha itee leah See he did not know that he should ever
regain The cage man adjarne othe isn te ree ieee
ir Be Sri al wished to eran Ne rato bot ha ee farther allusion to tone farther hearing of ae 2 ie epee,
A WELSH JUDOR INSIRTING ON A PRECEDENT.
When Jnstice Lovell, a Welsh jndge, was Phifer omc replat vate Sen ny i ra about 1730, he was overtaken at night by by the tide, the conch stuck in a quicksand. The water rose ee rs cosch, to the horror of the registrar and other officers, who crept out of the windows und scrambled on the behind the coaeh-box. They arged his lordship to the same, bat with grest dignity and grayity he eat till pare, bo! is ae lips, and Lea * was just able to exclaim, “ low your counsel if you can to me any precedent for a judge mounting on ‘cuca No" authority” could be produced, owing to the darkness of the night !
HOW AN {M18 JUDGE OPENED AN OYSTER.
When the project of the Union of Ireland with Britain was used by the Irieh bar, Jr ecetiag eminent counsellor, uttered the memorable excl
appointed an obscnre and obseqaions counsellor called tay "Tbe lattor was, » little late? on, farther rewarded by being appointed = judge; and then he set up for « Knowledge of law by" reading some. law-booke,
quoting phrases in an ostentatious way so as to parade his emall smattering of legal knowledge hefore the
He was found, however, to be 20 ponderous and
MORE AVOUT JUDGES, 520
effective, both in his matter and manner, that the wits of the bar described his efforts as reminding one of “an attempt to open an oyster with a rolling-pin!"”
A JUDGE STOPPING AN IMPORTANT TRIAL.
Jadge Henn, at an Irish sasize town, was about to try with a special jury a case which excited mach local interest, as to the right to certain market tolls, He noticed great piles of books and papers on the benches before him, a Jarge number of counsel and 8 crowded court, and the weather was very hot. The plaintiff's counsel, after much historical matter, happened. to conclude his opening with the remark thut, though tho particular sum now claimed was only 7a. 6d., yet the object was to settle an important right to an i real hereditament, “A what?” asked the jadge. “An in- corporeal hereditament, my Jord, of grent yulue.” “How mach did you say was claimed by the plaintiff?" “The sum now sued for, my lord, is 7s. 6d." The ji im- mediately pulled ont his purse and said, “Here is your i. Od. you, and I pitch = and your incorporeal hereditament. to the devil! T to be shot up in this hot court for days—may be—trying a cage, and all for 7s. Bd. ?”
A SOOTCH LEGAL FAMILY YOR FOUR GESERATIONS. ‘The Dundas family produced » crop of Scotch judges and law officers for itr emeain sand vechrgaaedl ok the patronage in Scotlan years, James Doi was offered the place of judge in 1 but, rather than sign the declaration then requ reti into private life. His son, Sir James, was 7 jndge in 1689, and acted till 1726, The sceond son or the last-named, Robert, was made Solicitor General after being eight years at the bar, then Lord Advocate, and became € judge in 1787, and Lord President in 1748, His son Robert again was made Solicitor General at the age of thirty, and became President at the age of forty-seven, and filled that office twenty-seven years, His son Robert aguin was made Solicitor General ot the age of twenty-five, nud became Lord Chief Baron, ‘~
530 CURIOSITIES OF LAW AND LAWYERS.
and at a later stage was offered and refused the office of President, Meanwhile Henry Dundas, a brother of the second President, was appointed Solicitor General at the age of twenty-four, became Loni Advoonte in 1775, and thereafter the constant associate of Pitt, Shae yatreonge of Sealand ta wan pratt eng w o . was OF Seofland tl the death of Pitt in 1808, nod was scarcely leas a0 till his own death in 1811. The son of the Chlef Baron was also at the bar for some yeart with of success, but soon subsided into @ country gentleman, and the legal dynasty thos ended in middle of the fifth generation.
&
4 CHIEY JUSTION CENSURING THE PRINCK OF WALES.
Tn 1700 Lord Chiet Justice Kenyon, who had high notions about the King’s Bench being the custoa morwm, broke ont on the increase of bling. At w trial at Guildhall he found ont that the Prince of Wales jae about to patrosise a bankrapt gambler named Murtin- dale, and support him io getting & licence for « mew ae. The Chicf Justice took occasion to faravgne the Conrt, and advised the magi to do their duty and refuse the licence, though under the patronage of an illustrious person. The Prince of Wales ‘was indignant, and sent a letter by the Attorney General to demand an apology from the Saige, ‘and to explain Eating: be Betis King 2 hee, pocepeeed
nowity ing on his side, umand and oaly-replied that, while ie fusie ofteaiaee were ished, “no effectoal prosecutions were ever commenced agninst the howses in the neighbourhood of St. James's, w) Spe are get to the lower orders which ares great scandal to the country!”
CALLING A VENERABLE JUDOR NAMES. Hoarlay, the President of the Court in the time of
Louis XIV, an acate lawyer, whose vulture eye was said to strike hand throngh, was ied to by the Dae dle Rehan and his stoward for an order of Court, and the
all
MORR ADOUT JUDORS. 581
Dake, being refused, went off in a very Tt was the French enstom for the great to ace his atitioners to the door of their carriage ; and the Duke, owing this, hegged his lordship not to see him ont. ‘The Duke then went off, and talking over the affair to his steward, cnrsed the jndge loud and long, till at last: the steward, turning round, saw his lordship behind them, and said, * Hush! The Doke then turned ronnd with affected Politeness, and begged his ae with profuse thanks, not to come further. His lordship, however, replied most, politely, * My dear Duke, your conversation is #0 charming that it is impossible for me to quit you.” Savas day Sei ng de Pifet iedee & most, urgent application, which wus ly refwsed, where Ki rte) on her heel, snd to her companton, while ene out, begun ubusing the judge with furious adjectives nouns, one of them being that he was nothing but « blasted old monkey, The words were loud and sharp, and were heard by the jndge, who, as nsval, insisted on secing his petitioner to her carriage without taking forther notice. Some days later the Duchess’s case came up for trial; and, strange to say, hia lordship decided in her favont. She then hastened to thauk the judge, with the greatest humility and reapect ; to which he only ae “Madam, I feel delighted that an old monkey si have it in his power to oblige an old ape!” ‘Then he bowed with portentous gravity, amid the smothered laughter of the bystanders.
REVENGENUL LINIGANTS MURDERING THE JUDGE.
Tn 1689 the Lord President Lockhart, of the Scotch Court of Session, was useaxxinuted by oue John Chiesly, who lind had a deeroe made against him for aliment. Tt waa anid the man had ut first desigued to shoot the judge in church, but was deterred by the sanctity of the place, and dogged the judge home and shot him as hoe wns entering his house. There were many spectators, and the assassin boastingly exclaimed, “I huve tanght the President how to do justice.” The culprit underwent the tortare, and was after trial condemned to have his right hand cut off; then he was hanged with the ylatol ted
at then dragged oat and despatched, This bratal murder tecrned Sto kate heen perpetrated ip a exasperated
A MODEL JODOR DEFENDING THE CHRISTIAN RELIGION, Justice Best was sitting as jndge at Warwick assizes when (Cyrus Redding looked in, and to his friend Mr. Quin, one of the counsel in court. ¢ Kdmonds was being tried for a larceny libel, and in his defence lengt his views of religion, of the loosest dese: , and rather astonished andandience, At that moment another visitor toa seat on the bench near the jndge, who turned ree Seiad who tal oe listen to the business on. turned round to this friend, cates very watts, d—a4 if I will sit and hear the Christian reli in this way 1”
aif TE
4 JupOn's RESrRcT FOR THR UNIVERSITY.
3 At oe Oxford oa iy 1836 somes sere
jastice Coleridge were the judges, a e latter
known as s great friend er teetic During a trial before
Park some stndents had in # most violent way tried to
force themselves into the Court, heroes eee lent into
iz
isturbance 5 ing his tights?" © So, my lord, I him by the collar!” “The jodge looked highly indignant, and told the javelin-man
Tee trouble himself farther
to go his prisoner and not matters.
MOKE ABOUT JUDGES. 533
AN ABTUTR TUDOR OW CARD-CHRATING.
n A 0; rand of lage property bad, been foes by Ulaskldas tt the turf an
them and sct them clearly before the fory., A at of jand the London
up of dots, and these enabled a skilful person to tell each of the cards from the backs; and this discovery made a profound impression on the aay: The chaplain of the sheriff, who was the celebrated Mr. F. W. Robert- son of Brighton, and on that occasion was in conrt, afterwards said that the jadge’s charges to the jury in that and other cages surpassed in brilliance, clearness, interest. and conciseness, anything he ever could have conceived. The jndge told the chaplain that in hin experience at the bar he had become acquainted with a similar trick of cards in Lord de Ros's case, which gave him an opportune insight into that kind of knavery.
JUDGE BRIKFLY SUMMING UP THE CARE,
Tt was said of a chief jnstice that on one occasion he thus summed up to the jary: “Gentlemen of the jury, in this case the counsel for the parties on both sides are unintelligible ; the witnesses on sidos are incredibles and the plaintiff and the defendant have been shown to bo both abominably bad characters ; so that it is utterly indifferent to me on which side you give your verdict.”
THK ZRAL AND DESPATCH OF “HANGING JUDGES.”
In 1812, when Bellingham shot the Premier, Mr. Per cival, in the lobby of the House of Commons, Brougham
1) r Hf ce
ef a - i eeeatt
die a fd ahs ZS5 pF Ao SE at 3 His geredt
i at Far Fi Ha is A il
i
;
i ee ES ake
ce mE el aaeFe
Th fntivideal be i ever bo outrageons, al sound mind and responsibility or oe alae no Hloton the character of the country as the deliberate pro- ieldi: ceike Bae z pad the hour. Yielding to re bons or feelings re How often have T heant Erakinc express his hoeror of
horror this proceeding | Ho often ruferred, as be’ well toithat beamtifeleasoge in/Bie, ren defence ae from
S3E
where he describes “ the whole nation as by statute: under a fiftees-days’ quarantine to seenre the the contagion of partial affections in cases of treason.”
INCONVENIENCES OF SLEEVING JUDGES.
‘ho iis Splint wav © int ‘the mde shonid be baked
a
MORE ABOUT JUDGES,
535 ‘The President said, “But the basiness in hand is abont a meadow.” “Let it be mowed, then,” was the mext answer.
AN EMINENT JUDGE ON PRIMEVAL MAN,
Lord Monboddo, the Seotch jindge, attained a great ai
and attributed his longevity to the inveterate practice
taking every morning, summer and winter, an air bath, This consisted in throwing open the bedroom windows and walking ronnd and round the room for a quarter of
specific, At a caronsal after a rections of antiquaries
till the judge with a smile ent. him short. by saying, “1 mean, do you anoint, Sir Robert?” wt which the company very indecorously langhed.
Another day, mean jndge and Lord Kames were about to dine with o friend, and were sitting in the drawing-room, n Litt irl of seven, having often heard of Lord Monboddo’s Merona theory abont our once having been monkeys, archly pinned a fox’s tail to his cont, which the rest of the pan quietly approved. ‘The two jndges, on rising, were politely sti ling to offer precedence to each other, when Lord Kames, taking judicial notice of the little girl's artifice, blantly ex- claimed, “Gang in, man, and show us your tail.” It was fortanote that the victim was quite unconscions of what, the company were langhing at.
Lond Monboddo was also an excellent judge of poetry, and most confidentially assured Hannah More that Home’s “Douglas” was far superior to anything in Shakespeare,
A0OTOH JUDGRS RRPRESHING IN COURT. Lord Cockburn, the Seotch judge, says that all his wedecessors on the bench, who had been appointed fore 1800, had black bottles of strong port set down
536 CURIOSITIES OF LAW AND LAWTERS,
beside them on the bench, with glasses, carnfes of water, tumblers and biscuits, The refreshment stood as ia time notonched, us if the juices were intent only a sakes Sima pets at are sie was into the tumbler and sipped casnally, as if meraly aoe fantain natnre. "A little later a fow dropw of wine were veotnred apon, but only with an admixture of water. At Inst patience could refrain no longer: a fall 2 the black green wes ee ee Sag an fng went on regnlarly, with undisga! nafing Homa, Gatch 15) thn eng of ther parca ety llery. Some stron, sade fa paint Saeed, Det ral but the fecbie aad twaailing neg; ike Exkgrove and’ Craig, visibly and sndibly succumbed ; ae noses reddened, the » thickened ; and drowsi- conpled ‘with’ a look of wnapproachable gravity gy till the lights were pot ont.
JUDGE DESIRING TO YISET AN EX-EMPEROR.
When Sir Thomas Strange, one of the English jade
¢ Caleutt peed ‘on his way to England ut St. felons, asked, throa ah Si Hadas Lame the Gover tt
mista y his respects to mperor
Prell the ernor,” said Napoll sob tr the
marshal, “that men who have fone Lagoa into the tomb
do not receive visits; and take care that this Indian
jadge knows my answer.”
JUDGE RESIONING TO 60 INTO PARLIAMENT.
Dr. King, Principal of St. Mary Hall, Oxon., who died in 1763, says: “I knew Mr, Erskine, my Lord Mar's brother; he was a ered pro in’ Scotland, and was much esteemed for his abilities and knowledge in the laws of his country. His station, in virtue of which he was ealled Lard Grange, was hononrable—was for life; and such a salary was annexed to it as would enable a man to live in ease and affluence in that of the world, he was by no means sati this office, amd there- fore, to render himself more picuons, he determined to gut » seat in the House of Comhons—though to eff
7
MORE ABOUT JUDORS, 537
this he was previously obliged to resign his ji i Hei eee eeeoenetlge ‘of soon neq) ins h oratory some grent and Iucratre bt i ec |. His iinet specoh waa math! applanda, foe he aidestooe basinegs and argued justly, But the House would not long endare Scotch accent, so that after speaking three or four times he was ill heard and neglected. In the next parliament he lost his election ; and I met him in London, a year or two before he died, when he was so redaced in’ his circumstances that he was searve able to furnish himaclf with the necessarica of life.”
(Sec post, Chapter 1X., as to this judge aud his ter- magant wife.)
GREAT RESPECT TO JUDGES TX WALES,
When Justice Buller went the Welsh circuit, and the parson, who probably could only read English as a foreign language, came to the passage in the Te Dew, “We believe that Thou shalt come to be our Judge,’ he pansed, turned abont, and made m most reverentini bow to the jndge’s pew.
HOW TO BECOME MASTER OF THE ROLLS
Sir Jnlins Cwsar, n contemporary of Coke and Bacon, for many years filled an inferior and ill-paid oifice in the Admiralty Court, and had to bay his advancement ton better office, as the other judges of that time did, by giving £500 as a bribe to the Scottish ambassador to use his influence with Elizabeth. At last he got the office of Master of the Court of Requests. Blisabeth then paid the expensive compliment of a visit, which he thn records in his diary: “The 12th day of September, 1508. The Queen visited my honse at Mitcham, and supped and lodged there, and dined the next day, I presented her with a gown af cloth of silver, richly embroidered, a black network mantle with pare Fold, a taffeta hat white with flowers, and a jewel of gold act therein with rabies and diamonds, Her Majesty removed from my honse after cinner to Nonesuch, with exeeeding good contentment, which entertainment of Her Majesty,
588 CURIOSITIES OF LAW AXD LaWrEns.
(See Chap. VIL, post). «The worthy Master of the Rolls has this in his diary: “3 1034. Died at his honse at in , mine old friend and fellow-bencher of the Temple, Sir Edward Coke, Knt., lock at night, in his bed, ontwand signs of sickness, bet
he most, ms memory, a general eer
sk Eagland man in his time, or before him for the space ‘years at least, as may appear by his Book of and his Commentaries upon Littleton.”
$ Zz a i ; Ee ALG ut -s iil
a ah
iu
A JUDGE LAMENTING ME MAD No INSURE TO TRY.
Chief Justice Carleton was a most Ingubrions judge, aud was always complaining of something or other, chiefly abont the state of his health, so that Carran
day his lordshi into court late, looking eohed Tiorapclogisd to te ton ental
“Oh, then, my lord !" exclaimed Curran, “I am sure we ure all quite satisfied your lordship has done right in Seuting ts is no issue to try to«lay.” “
His lordship smiled
thanked the bar for their ere _ |
MORE ABOUT JUDGES: 639
THE FRENCT PRESIDENT TRYING A MATRIMONTAL SULT.
‘The French Prosident Harlay, in the time of Louis XIV, was acute and cynical, but admitted to be ee? lawyer. His sallios were the talk.of the day. He was a little thin man with an aquiline nose and keen oes, which pierced throngh the very marrow and devorin the objects they fell upon. ne day he had to decide in a litigation between M. de Montataire and his wife, who both attended before him. They were both invetorutely litigions. Both were volnble talkers. When their case came on, the husband began, and, after a few remarks, the wife interrupted and took up the argument and. went on at a forions rate, The President listened a long time, and at last stopped her, and, tarning to the husband, asked him, “Ts this Indy fe wife, sir?” “Yes, si said the busband, somewhat surprised. Harlay said, “How I pity you, sit!” and then, raising his shoulders with an air of profound sympathy, he turned on his heele and Jeft them.
A DROWDEATING JUDGE IN A SEDITION CASE.
When Gerald, an Eoglishman, was tried for sedition, in 1704, before Tord Jnstiec Clork Braxfield, in Edinburgh, though the ablest counsel offored their aorvices, the prisoner resolved to defend himself, heing confessedly one of the most cloquont speakers ‘of his time, His defence was learned, ingenions and con~ vincing, and at: one passage he urged that ‘it was reform, not revolntion, for which he had striven, and that Jesus Christ. was Himself a reformer.” The judge immediately retorted, “Weel, sir, and muckle did He get by that’! Was na’ He erncified ?”
A ONAMPION “ HANGING JUDGE,”
When the bratal Jadge Jeffreys retnrned from holdi the Bloody Assize in the Western circnit, he bows that he had hanged more people than all the judges of England since William the Conqueror. He once asked a major how many people he had killed during the same
510 CURIOSITIES OF LAW AND LAWYRIS.
troubles. The officer said, “One thousand.” The TE ere Lens onieenied ea saaay Some
AN OLD ECOTCH JUDGE TAKING TIME TO CONEIDEM, In 1779 the old Seoteh jndges in their homely Doric addressed the bar with much Sa candonr. Mr, Erskine (the Dean of Faculty), Mr. David Catheurt, and Mr. John Clerk, all leading connsel, had been an important case before Lord Pol 3; and ot the end of the arguments his lordship thns addressed them: * Weel, Maister Airskine, I bue heard you, an’ I thoeht ye were richt ; syne I heard you, Danvid, an’ I thocht ye were and noo 1 hae heard Maister Clork, an’ T think he’s the richtest amang ye. That banthers me, sec! Sac I mann c’en tak bame the process sod whumble't i ma wame u wee ower mo syne ye'se hae an interlocitor!”
A JUDGR ANNOYED BY CLASKICAL QUOTATIONS,
Indge Lightfoot, of Rhode Islnod, who died in 1 Se eee Cirenh clientele Osi Ga day, when’ on tho bench, n counsellor tanned ApS was declafuaing with great force, and being aie GEES classical attainments, threw out his quotations from fet canara ‘The j at
tally topped the counsel and asked him if he the line
Shouldered mnoiton kia pasterol reniaon,
MORR ADOUT JUDGES. 5AL Counsel respectfally gamed, listened, reflected, and ie
mptly answered that he well recollected that beautifial e Naf Elaslodt ‘The judge smiled, aud was perfectly satisfied.
A JUDGE OF ABBIZH ANNOYED WITH NOISE.
O'Connell said that Chief Baron O'Grady waa on one occasion annoyed at the disorderly noises in the court house at Tralee. He bore it quietly for some time, ex peeting that Denny (the High Sheriif) would interfere to restore order. Finding, however, that Denny, who was reading in his box, took no notice of the riot, the judge rose from the bench and called out to the i igh Sheriff, “Mr. Denny, I just got up to afraid the noise in the court will prevent you from reading your novel in quict !”
A JUDGE DISCOVERING A PARABLE.
In 1774, Lord Kames, in his “ Sketches of the Hist Man,” ‘aid, the followin parable againat persecution had been communicated to him by Dr, in, & man who made a great in the learned world, “The parable was, that Abraham one day sat in the door of his tent at the going down of the sun, and seeing an old man bent with age pnssing, invited bim into bis tent ond entertained him. Abraham saw that the man blessed not God, and he asked the stranger wherefore he did not worship the most high God, Creator of heaven and earth, ‘The stranger auld he had a God of his own, who lived in his house and provided him with all aes: Abraham's zeal was then Kindled, ‘and he arose and fell on the man and drove him forth with blows into the wilderness. And God called anto Abraham saying, ‘Abraham, where is the stranger?” And Abrabam answered and said, * Lord, he wonld not seete ‘Thee, neither would he call upon Thy name; therefore have I driven him out from before my face into the wilderness.” And God said, ‘Have I borne with him these 18 years and nourished him and clothed him, notwithstanding his rebellion against, me, and wouldst not thou, who art thyself a
542 «= CURIOSITIES OF LAW AND LAWYERS.
sinner, bear with him ene night?" And Abraham rose and searched for the stranger, and brooght him back and eutreated him ki Me
On farther inquiry, it turned out that thie bad been traced to Jeremy Taylor, and thes to a German Jew, and ultimately to a jan poot of L1M4; bat the parable ae tee ee ranean se oe ee
A JUDGE MAKING A YRISONER SIXG A SONG IX COURT,
When Chief Justice Holt was on the bench, a sockets bad sprang up called “The Society for the of Vier or the Reformation of Manners” (and ly it still existe), and they resolved to prosecute for it one of the famous singers of the day named This artist axcd to sing Dryden's ode “The Love and Wine” so as to excite great enthosiasms ed gertive7 bana gent gprs Ue mo maneer of execution. The jadge saw the which the tors acted, and resalved to
if
ui
i
is
ef
He ul
t a : F H 5 3 E ef [ = Fr
ad this prosecution. The fairest manner, therefore, to all Farties would be for the defendant to sing the cong in of the conrt and jury, when they could readily mise the matter in a satisfactory way, The former took this hint, and of course sang with his greatest power and ood taste, so that nat only the withoat lenving the box acquitted him, but the sixted on carrying him home on their shoaldera.
JUDGE LOOKING OUT ron GIFTs.
prone says that! once, when Lord Annaly went to nesizes to try a heavy ejectment ense, Mr. Ni was the plaintiff, his carriage was
bt river ie drove of bullocks. In
of elearivg thom, the jolge angrily asked whose |
MORE ABOUT JUDGES. 643
were, and was told by the drover that he was taking them to Lord Annaly’s p! Sane it), in the next county, ‘The jndge visibly softened on hearing the destination of the peat te jally as in course of further questioning he was satisfied they must be intended asa present. The ease was heard and the jury suitably directed, and they found a verdict for Nagle. dhe. ige hastened home, and his first question was “Where have the bullocks been pat?” It tumed ont that Nagle, on getting the verdict, at once lpr a messenger, who overtook the drover within a mile or two of the pages residence, und ordered a conntermarch to another dex ination.
‘The same judge was on his way to the ussizes to another case, in which one Denis O'Brien was plaint who, hearing that the indge wanted ao pair of carringy- horses, sent him a magnificent pair, hoping they would answer his lordehip’s taste, ete, ete. The j graciously sue that he thonght they would quite suit him, and next day charged the jnry in such a way that O’Brien had the verdict, O'Brien, on gaining the day, ungrate- folly sent in a bill, charging an extortionate price for the horses, and when the judge expostulated and represented that he took them as present, the horse Cie bridled up with a look of incorraptible integrity, professed not, to nnderstand his lordship, and insisted on his own price, und got it too.
A JUDGR DECLINING TO BUBSCHIBE TO A TRETTMONTAL.
When Sir John Sinclair, a most meritorious man, was sending aboot a Paper by way of subscription for a testimonial to himself, his agent called on old Lord Herman, the Scotch judge, who was a relative of Sir John. The judge replied: “ Nay, sir, nay, I'll gie uae money ; but if my consin, Sir John, wishes to be disgraced, Cl kick him mysel’ in the market-place wi’ all my heart.”
THE PORT AND THR JUDGE'S DAUGHTER.
When Burns, the inspired plonghman, first went to Kainburgh, and heenrae the lion of the season, Lord Mon= boddo was one of the first to invite him to meet the chist
644 = CURIOSITIES OF LAW AND LAWYERS.
toe ee Bed was be said, “1 admired God Almighty more than ever, Miss B. is the most heavenly of al! His works.” In his address to Edinburgh he has these lines:s—
ee ee
Fey epee =
Acd ows His work i divine,
And again, in u letter, be says, “There has not been anything like Miss Burnet in all the combinations of
hesuty, , and goodness, the grest Crestor has formed vfs baat rata was cated of a er Joa creature was carried of in 1790, ‘The old jadge had such pie Pa!
consumption,
for wheeled vehicles that he always rode to London horseback, and insisted on his daughter doing and it was not till he was eighty-four that he foand even the suddle too much for him.
: Hi
|
CHAPTER Il. (continued).
MORE ABOUT THE LAW, LEGAL AUTHORS AND COURTS.
(Bee ante, p. 72.)
THK IXFALIIMLITY OF THE COURTS OF LAW,
Montaigne relates a circumstance that happened in his own days. Somo men were condemned to death for marder. ‘The judges were then informed by the officers of su inferior court, that certain persons in their custody had confessed themselves gnilty of the murder in question, and had told so circumstantial a tale that the fact was placed beyond all doubt. Nevertheless it was deemed 80 bad Moabagae nd to revoke 6 sentence, and show that the law could err, that the innocent men were
delivered over to exeention,
‘THe WKANOLING TALK OF YOUNO LAWyYiins,
Addison says: “I have heard Captain Sentry say he haz known but few pleaders that were tolerable company 5 and he was giving me an acconnt of a disconrae in which he had lately been engaged with a young wrangler in the Jaw, ‘I was giving my opinion,’ says the Captain, ‘without apprehending any debate that might arise from it, of a
eneral’s behaviour in a battle that was fought some years befor either the Templar ormayself wos born. ‘The young lawyer immediate! me up, and, by reavonii above o quarter of an hour upon w waject whiel saw he understood nothing endeavoured to show that. my opinions were {ll-grounded. Upon which,’ says the Captain, ‘to uvold any further contests, I told hir that truly I had uot considered those several arguments
wh
C46) = CURIOSITIES OF LAW AND LAWYERS.
to a ee acer inion which you have: i and th ape be 3 fo aioe om the cher Bile the
covered.
and me athird time. In Gegrplied bg beet he was resolved to keep me at swont's never Lapeer abot ha Ng Jeft but to ‘old my, e ec ani ve to smile his rakiees xo, I Mia, still chango sides, and still eonfats
COKE CALLED TO ACVOUNT FOR MIS REPORTS
Chamberlain, writiog to Sir Dadley Carleton ix 1) anys: “ Lord Coke hath been called twice or thrice term before the Lord Chancellor Cigerton) and the lenrned connsel, to give a renson of divers things deli in his Rey . The objections at first were twer which either were so weak in themselves or answered thut they are now reduced to five, wherein are not #0 sufficiently satisfied, but have answers over to the King. It fs not the least part of hamiliation to be convented in these points before as Serjeant Crew, Serjeant Montagna, and
es
it
ue
:
J a His
whereof the greater except the solicitor, are borgreet tas in Deal vishal, d 60 course
fin tsage 4s not to be once offered to sit down, and so
MONE ANOUT LRGAL AUTHORS. AT
Pride, Prohibitions, Premunire, and Prerogative. The supersedeas was carried to him by Sir George Coppin, who, at the presenting of it, saw that animosity and supposed greatness of spirit lad to fall into a very narrow room, for he received it with dejection and tears.” (Seo also ante, p, 524.)
AN ARCHBISHOP'S OPINION OF A PEDANTIC JURIST.
In_1613 Abbot, Archbishop of Canterbury, wrote to Sir R, Winwood about Grotius thus: You must take heed how you trast Doctor Grotius too far, for I perceive him so ‘uddlcted to some partialitics in those parts, that he fenreth not to lush, so it may serve a torn. At his first coming to the King, by reason of his good Latin tongue, he was 60 and full of tittle-tattle that the King’s jndgment was of him, that he was eome it fall of words and of no great jadgment. And I myself dis- covering that to be his habit, as if he did imagine that every man was bound to hear him eo long as he would talk, which isa great burden to men replete with rane did parately give him notice thereof, that he sli plainly and ‘directly deliver his mind, or else he would make the King weary of him. One night ot raed at the Bishop of Bly's, whither being brought by Monsieur Casaubon, my lord entreated him to stay to supper, which he did. ‘There was present Doctor Steward, who after« wards told my lord, that he did perceive by. him that, like a smatterer, he had studied some two or three questions, whereof, when he came in company, he must be to vindicate his skill; bat if he were pot from those he would show himself but a simple fellow. My lord of Bly, sitting still at the supper, wondered what # man he had there, who, never being in the place or company before, could overwhelm him so with talk for so long a time, 1 write unto you so largely, that you may know the dis position of the man.”
A JURIST RESCUED BY A BUCK BASKET,
‘The grout interuational jurist Grotius was rescued from imprisonment for life by a clever stratagem of bie 8c.
baysvajataaya! ayn Bake B*5; Upniatiealtne Weep bia at a Dasa gaye titerg tal zapaes. ‘ lita Higa as 3°45 ees ie aH, ifh a tap g lH ldgies
md | te ' ‘| Aste i ae RE Te Say faa ttt Ud) i aie Sip 23 ee
prt i
ay i
|
MORE ABOUT THE LAW. 549
Talbot, Viscount Lisle, on the one part, and the heirs of Lord Barkly on the other, about certain possessions
in GI hire, not far from Wotton-nn
which snit began in the end of Edward IV., was pending until the beginning of King James L, when (and was it not high time ?) it was finally determined.
THE FIXING OF THE LAWYERS’ RASTER THR.
Lond Brougham, in the Honse of Commons in 1828, said: “Tt ‘be recollected that when a bill was intro- duced to fix Haster term, Mr. Jnstice Rook exclaimed, *Good God! think of the horror of depriving the whole Christian community of the consolation of knowing that they all kept Easter on the same day!’ Now, T have no wish—not the least desire to deprive the Christian community of this consolation. They fonnd it. They may enjoy it still. But business ought not to be sacrificed to their ideas of comfort and consolation. I should be glad to see that folly—for really I cannot call it by any other name—that absurd and vexntious mode of regulating Easter by moona, as it was called, done away with. ‘There was no inconvenience in Kuster being movable, but there was very great inconvenience in making the returns movable.”
‘THE PLAY OF JONORAMUS TO RIDIOULE LAWYERS.
A play called Zgnoramus was written in Latin to render absurd the Die and ignorance of the lawyers in the time of James I, and it was acted at masks and revels. John Chamberlain, in 1616, writing to Sir Dndley Carleton, says The’ King (dames 1) went again to Cambridge to see the play Jgnoramus, whieh hath so nettled the Jawyers that they are almost ont of sil patience, and the Lord Chief Justice (Coke) both openly at the King’s Bench and divers other places hath galled and glanced at echolars with much bitterness, and there be divers Inna of Conrt have made rhymes and ballads against them, which they have answered shi enough. And, to say trath, it was a ecandal rather taken than given ; for what profession is there wherein soma
a4 er er “4 #4 PEM
if i: eH et at 4
i Eel ieh : la Ta Eas Gd Fi aeaceas as ¥ iz os Sega : 3 a il il taut 14 3 sFeteta, Fs ay ae8 EsSgiseie pHebienly tauaaiintely (8 GUE LaleMitapeh #1 yas SgUse < out (ds bored ‘ 2 eHE HE anab 4
MONE ABOUT COURTS. 651
Archibald Stuart, al son of Lady Jane Douglas and of Hamilton oppoced im aa prtecder an lgltata familton oppos as & pretender an +
and the sole issue was whether Archibald was or was not legitimate. The alleged birth had been in 1748, and both parents were already dead in 1764. The mother at the date of birth was fifty-one, and then had twins. ‘The details of evidence, the ladies” maids, the wanderings fn France, mysterions journeys, apparent concealment of pregnancy, and dying declarations of both parents, made up the evidence, and all the best counsel in Scotland spent months and years in commissions to examine witnesses in France. The decision rested not with a jury, but with the fifteen judges of the Court of Session, all’ the evidence being printed. When the day je Ig ment came, in 1767, deht judges, incloding ident Dundas, held that Archibald was illegitimate, and seven that he was legitimate. The Scottish public had been taking sides for five years, and the mob were all against, the Duke of Hamilton. The case was appealed to the Honse of Lords, and the best Woes counsel, incl Charles Yorke, Wedderborn, and Thnrlow, were en, , and the lords were canvassed on both sides, the decision not resting with the law lords exclusively. Lord Chancellor Camden and Lord Mansfield were both clearly of opinion, and so was the House of Lords, that Archibald Stuart was legitimate—n decision which vastly ”
leased the Scottish nation. The mob in Edinburgh, on
caring the decision, were in m fever of delight, broke the windows and tried to foree the doors of President Dandas's honse, nnd he was next day insulted in the public street. It was thonght at the time thut this trial was nearly cansing a civil war in the north.
THY GREAT DOUGLAS CAUSK IN THE HOUst OF LORDS.
‘The Great Doaglas cause, as already stated, turned on the legitimacy of two boys, twins, of Jane Douglas, a lady past, prctving: in Paris. The dacal houses of Hamilton and Douglas fought for the issue, which was a question of fact or rather of circumstantial evidence from a variety of facts and the credibility of witnesses.
552 CURIORITIES OF LAW AND LAWYERS.
A PLOT TO BLOW UP WESTMINSTER HALL.
Hi
653 all the people in the Hall were in a moment in the utmost confusion. Everybody coneludiog it was a plot to blow up the Hall, the judges started from the benches, the lawyers were all serambling over each others” backs to make their escape, some losing part of their gowns, others
their Perlwigs the senffle, and such an uproar was occasioned that nobody thonght his own life was safe or knew how it came to be in danger. When the tumult subsided, it was found that the bag containing the gan- powder held also copies of recent Acts of Parliament and of a printed manifesto of a half-crazy, non-juring parson, named Nixon, who had persuaded himself that the libertien of the nation were in peril, and this wax the Tr way to draw notice to them. Lord Chancellor and the Chief Justice Yorke were nt first so nettled at the ridicule the Inwyers had incurred, as well as the affront and insult offered to the Courts of Justice, that they applied to the Qaeen to summon a privy council next day, and they then each made a Tong epee, setting forth the heinousness of the crime, und the necessity eee so impudent a treason—for ao at first they called it. The Queen offered o reward for discovery of the perpetrators, and offered a pardon to the informer; and it was some time before the search ended in discovering that it was all the work of Nixon, who was only fit to be sent to y though the lawyers wanted him to be hanged at Tyburn in an impressive manner,
HOW TO SECURE AN EARLY HEARING OF A CAUSE.
An elderly Indy was a plaintiff ia the Palais de Justice in Paris, and on learning that her case was in the conse Hist of the day took her Pel in court carly, and looked on, at the same time coping all her own tackle in readiness. The cases at the head of the list, however, seemed to her to tuke au unconscionable time, and to be infinitely frivolons. Inorder Ld serey against the delay of justice to which she was subjected, and nt the same time to bring sbont an eatly hearlug of her complaint se drew & revolver out of her pocket and fired at the ceili six times in rapid succession, She then proudly Tooled round, expecting an immediate response from the Court.
sasegeegniy ts Ten is £ eae i #8 * iene te it He wuule ry Peuey ay is Alihi aH ue Bane Seen ee leeeeaat ae atria Sith ei ne aaa ila at nal ata n bh
MORE ABOUT COURTS. 555
she wonld have looked like a bale of bombaxeen. There was a great deal of ceremony, # great deal of splendour, anda it deal of nonsense ; they adjourned npon the most foolish ae imaginable, and did nothing with such an air of basiness as was traly ridicalous. I forgot to tell you the Duchess was taken ill, but aoe it badly. In the end the Duchess was undignified and unduchessed, and very narrowly escaped being burned in the hand. All the peers, but two or three who chose to withdraw, exclaimed with great emphasis, ‘ Guilty npon my hononr, except the Duke of Norfolk, who said, ‘Guilty erronoously, but not intentionally.” Lord Camden is very angry that the Duchess was not burned in the band. As he wns once ‘a professed lover of hers, he thought it would be ungallant to propose it, yet he would have after all recommended n
cold iron.”
CHAPTER IV. (continued),
MORE ABOUT ADVOCATES, PLEADERS, CONVEYANCERS AND ATTORNEYS.
(Bee ante, p. 108),
THE FIRST FEMALE ADYOOATE OF fegetie en
Sarah, ; py rerey re cl rg Sr da ee ea
er Onslow, with a mighty fc a ber omy od we vent to all the violence of natural temper ; er talk and acti Len iS eal like the rage madness, Tho yor ‘wearied of his (a netgeper tea a moar ee he h feeb “pint ce money which was unque ly his 7 tras iadaoed to sno hur in a court of ww for the a
herself in the extraordinary charneter of a female advocating her own cause before » tribunal of
AN ADROIT LADY SUITOR FLRADING AE OWS
An advocate in ees Plessting, in an action debt for goods sold, against a citizen’ ron ronking o Grech misuy €igrecetonk, 90 that
MORE ABOUT ADVOCATES. GT
ipslaning the ty Unie Jost patience. At last she in him thus : “My lords, allow me to state the case at once ina single word I engaged to to pay to the plaintiff a ii ‘landers tapestry, which was
Appearance as my lord the President there. Bat the Dill ring to palm off res me now some wretched danb,
figares ag ngly as that of Monsicur the plaintiff's advocate. Does it stand to reason that Tam bound to adhere to m;
bargain?” The Conrt, especially the pEreien § Seah a Took of indiguation at the poor advocate, wh
fairly erampled np, and, after a few stammering. efforts, succumbed to an instantancons judgment against his client with costs.
A FRENCH ADVOCATE ON A FRENCH MAYOR'S DAY.
When Edgoworth was le es Lyons, about 1770, he went with some Englishmen to witness the ceremony of the installation of the Mayor of that city. The Hotel de Villa -coutatnedy rua ob tis finest salocbecin Nfbarope} adorned with pe inne Seen, ley was made by o young advocate, Mastin stnatctions tu eee to the otic ing wit its 01 ‘oun \e royal fatslly, é nddreeeed eth. of the them by heie tal Eeaaiptone oI: ms — marae compliments ; at Rength a8 he turned towards the portrait of majests Eee TD Ladle Cvs ia Gren eee tie were dazzled by the effulgence of the royal countenance, and bowing, or rather prostrating himself in the rostram, he again timidly looked towards the bright object of his devotion, and again withdrew his presamptnons gaze, till, accustomed to Pop bles blaze of Blotys he was enabled to pay his tribute of adoration royal image. The farce Bp} mies to the ther Boiss #0 ludicrous, that he langhed. This gave offence to the spectators, and he wae rudely seized by the this, in tua, led teu series and be comple Pie sateen 4 who with no smi Ity, at last negotiated an apology from the fanctionaries.
ae ge ith inh A ite ele rc Tyla. | nin belay u athe Bere g 2289024; 334 eles Gapiaeai) Tube el LTE EHEBL
rt i Z 43° igi ie na ae STE i: qe HES
MORE ABOUT ADVOCATES.
PERILS OF MAILS IS 11UELAND,
Irish gentlemen in diffienlties often gave immense trouble to bailiffs, who always wished go very particularly to see them in the flesh. Once a noted process server, named Jim, had to approach and serve a debtor in a very secluded district, Being at his wits’ end how to escape the inevitable assault and battery, Jim ascertained that the debtor was very partial to a goose ‘gs for breakfast. He took care to seenre such nn egg, then travelled by night with great cireumspection, so us to reach the house before dawn. He laid the coe at the door of the mansion, and under it the notice of the Jaw, and climbed a tree just overlooking, and waited and watched the resnlt. Alt went well. The gentleman issued forth ; the egg arrested his eye, and he said, “Ah! that’s the grey goose, I'll go bail, that always is so considerate in serving my - fast.” He lifted the egg, and also the paper underneath. At that instant a voice isaned from the tree in exultation, *That’s the copy, and here’s the original.” Jim, while the debtor was ranning in to fetch his pistols, made a rapid descent from on high und took to his heels like lightning.
"Another debtor had Jong Veiled the iagusuity of Jim, who, discovering that the debtor was a one day managed to be purposely arrested for cutting sticke in the wood, whereupon he was taken before his om for snmmary treatment. Immediately on being senten to prison, Jim served the writ on the gentleman, then turned to the constable and gaid cheerfully, “1 am under your protection,” and marched off safe and sound.
DOCTORS’ COMMONS LAWYERS EN PARLIAMENT.
When Cunning was in Parliament, there were some prominent connsel of the divoree and ecclesiastical courts there, and on Liddell taking his seat, Canning kindly pointed out to the new member some of those men. He said: “That's Sir John Nicholl, the lawyer. He has to do with the exclasive indelicacies of the season.” One
560 CURIOSITIES OF LAW AND LAWYERS.
night Canning wrote the following iny on Philli- more and Wynn, sade Pree Ree srs
eres te at toe bore fs Phillies, spit in my age, Lge dean Seesliy os yop gin his saliva badd = i aa jnence. MOSEY-LENDING ATTORNEY AS A WIT, The great Earl of Trabeaee uA his time hada
dexterous steward, named Peter Walters, who was teh eroaled asia the on ae ee nanry, in
courte Sy ieee cn his inordinate love of money and his unsernpnlous arts in 8 ed it, Peter was n0 less severe on Anthony for neste tempt of moncy, and the innumerable ways he had of spending it. At last Henley said: “ body knows, falters, bow you got your pats ‘bat I want to know Pa Say Hoe Yat WE To thle Beter replied «5 Wy frit he ith ya Ive ney me it. ie trai iat ave a many estates from bankrapt men of wit, ‘they jways give me their wit into the bargain.” . ACTRESS,
THE LAWYERE CHARMED BY THE
Mr. Siddons in her antobiograrhy boasted that eae
bee of tbe a ah z sheinpe Doar be ay ws poset of « pane of ;
wa alc the ar a a
MORE ABOUT ATTORNEYS. 501
presented by the Tories with a purse of fifty gnineas for 80 nobly declaiming against a perpetual ih the ‘The snperlative actress was then twenty-six years of age, having been married at ninetecn,
The Faculty of Advocates at Edinburgh also presented her with a massive silver tea tray, “ont of gratitude for Pail received from unrivalled talents.” And Henry
itekine, the matchless advocate, said her performance was « school for orators; that he had studied her cadences and intonations ; and that to the harmony of her periods and pronunciation he was indebted for his best displays.
HOW LAWYERS USK TWENTY WonDa FOR ON®.
An author who inveighed against the practice of lawyers drawing long deeds and settlements, thn satirised it : “Tf aman were to give to another an orange he would merely say, ‘I give yon this orange’; but when the transaction is entrasted to the hands of a lawyer to pat it in writing, he adopts this form: ‘I horeby give, grant and convey to you all and singular my estate an interest, right, title, claim snd advantage of and in the said orange, together with all its rind, skin, jnice, pulp aud pips, and all right sod advantage therein, with fall power to bite, ent, suck, and otherwise eat the same, or give the same away as fully and effeetually as 1, the said A B,am now entitled to bite, ent, suck, or otherwise eat the sume orange, or give the same away, with or without its rind, skin, juice, pulp, and pips, anything hereinbefore or bereinastervor ht anyother deed or lesdhy Saran or instraments, of what natnre or kind soever to the con~ trary in anywise notwithstanding. *”
AN ATTORNEY'S CHALLENGE TO FIGHT.
An experienced attorney and conveyancer in Dublin, having received an insult, Peter! his adversary to & hostile aye that period all duels came off’ in a place called in Acres, On writing his challowgs
~®
562 CURIOSITIES OF the
cont specified the boar and added, “ at the kn on by the narae Paty pay be the same saord or Ved
AN ATTORNEY FAVING FEW CARR
‘Some one was telling Jekyll of an attorney who had recently died, and i wes found thet there were few effects left. The wit answered, “It could be otherwise; he bad #0 very few canses.”
CONCILIATING AN ATTORNEY ON MORSEBACK.
: the butler (a Swiss) slways denial him admittance. The creditor, while reciting this wrong, vowed {fet the dobe Yad not boon, pai aa tod
not been Tanguage about the delay. Sheridan, sins was very vain of hix horsemanshij
ra é
>
calm, and, taking no notice of the grievance |, at ‘once burst into an exclamation of admiration as to the exe trome beanty of the horse. The attorney ina softened tone said,“ Why: thisk.d may ony there never'waa retiieg ereature than this. You were ‘ing to me whea I knat saw you about a horse for Mrs. Sheridan: now, this wonkd be a treasure for a lady.” “ Does he canter well?” naked ee ee “ Beantifally.” “Well, if that's
Holloway, I really shoald not mind
crane for him. So oe aes the Sie oa
me see how he throngh his paces?” ‘This was tater ‘esi ine te? Holloway replied, “To be sure!” St copeoe ce detent So ‘The impeennious
MORE ANOUT ATTORNEYS, 563
could not help anderstanding tho little br-playy roared with langhter when the horse and his rider came back trinmphantly to the winning post.
AN ATTORNRY’S ELECTION MILT.
When Sir Francis Delaval was elected member for Andover he found enormous bills of costs were brought against him, ond though he had paid Im sams to acconnt, yet the ontstanding balances practically undiminished. One item was us follows :—
Ando tony ing ing irl roan to erect, a sone bill, io of tne and oxime al in service of Sir F. B. Delaval :
On exnmination it a) that the attorney had ont of his own head invited the mayor and corporation and the officers from the barracks to dine on the King's birthday. After a jolly meeting each party toasted the other's health, thanking esch other for the splendid hospitality, wh witions being demanded and cards
luced and verified, they both discovered they had Tea made fools of by the attorney, who was ribs Hey tossed by the Colonel ont of the window.
ATTORNEYS TAKING THEIR EASE IN THEIR INN.
One day Henry LV. of France having straggled from the hunt, and lost himself, miles ont of the way, became abont noon as-hungry as any hunter could be. Going to the nearest inn, he inquired of the landlad: she could
ive him anything to cat. She at once answered, No, he
ad come too Inte,’ thinking he was only a private gentle- man of no great’ account. Henry looking nbont, and smelling sweet savours, asked her whom the ronst he saw at the fire was intended for. She replied it was for a company of gentlemen—she thought they were uttorneys. The King sent « civil message to them, to ask if they would be good enough to let him sit at thelr table and have « slice of meat, which he would gladly pay for. But they cavalierly declined to entertain such an iden.
AS ATTORNEY BECOMES THE CHAMPION JESTER
Brasquet, the most renowed of ji life oe Ts Fo scn tle, Ree, ln bs Hatent odth Shine are doctor, acd it °
was
Ut FE
ks delighted everybody. Thurles V.. ‘who prided himself on a, savas of ide aN bat who after a trial confessed that Brarquet outdid him.
whether for talk, for originality
nimiay, sor ras soa of col ‘aise, potentate jis time. ie
i last befriended
OLD ATTORNEY IN HIS OLD CLOTEES.
Oue day s noted old attorney at Melton Mowbray, who seldom renewed bis wardrobe, happened to go into the our of the inn on = market day, when a eprace young Ermer, ser oly Joncheon, thought Gt to make some jokes about the ol clothes of the eteran, greatly So se | diversion of the company. The old lawyer the
al
MORE ABOUT ATTORNEYS, 565
raillery in silence, but, noticing that the fool of the villnge, a character who was known far and wido, had just entered the room and joined the company, he called ont in a loud voice to the new-comer, “I say, Peter, is this thy son here? He's very like thee!" The fool ingennonsly replied, “Oh! he be always o trouble to me, that one.’ The company, taking this ws conclusive proof of the paternity, lo gtedall rocad wherenpon fhe fa suddenly Feiserabeted: fe’ had ahabbah ogeagtant gi WAC hie watch in his hand, hastily went off.
566 CUMIOSITIES OF LAW AND LAWYERS.
CHAPTER V. (continued).
MORE ABOUT COUNSEL, THE ATTORNEY GENERAL, CIRCUITS, AND INNS OF COURT.
(Gor ante, p 188)
COUNSEL JUSTIFYING THR LENGTH OF HIS CARE.
Whes Baron Parke was trying a cause ut Glogcester assizes, Mr. Manle, afterwards » judge, who was counsel Res eenot Sie peti sitesra ie erm see Po dels one hgeotper er tee Com cons, Mer, Magia % you posed, an , * Come, come, ean eae ee oe 2 eee ee rd ane
counsel rey i! = most tae be oblige tone Hin ay Fou see, I am not just at present Mr. Maule, bat Robinson, who has not the least wish that lordship should get to Stafford to-night—in point of fxet, he does not care a straw whether your lordship ever gets to quel all!” The judge eonld oaly submit with a grace.
EMINENT COUNSEL RISEN YROM NOTHING
Chief Justice Sannders, when at the bar, Roger
fai never Lely betray o client, He a SOO mers capacitios, and a val ere to Ce
a the Boe the While in bis
fer eerrmige ier petraager the Cok mae
Ly ary oi thas com~ Sd Es ceo ce ir aim anys Roger, “admired his bomanity more than his nod that was greater than the other.” He raised
MORE ADOUT COUNSEL 667
from a very low estate, being boy in the Inns of Chancery, and oe ‘wither by constitution or by living a sedentary life, drinking much ale without St he was extremely corpulent and disensed. He addict himself to little ingeuuities, us playing on the virginals,
lanting, and knicknacks in his chamber. He took Foca at Parson's Green with gurdens and frnits, and he wonld stamp the name of every plant in lend and make it fast to the stem. How touchy soever we were that stood in the very great stench of his carcase at the bar, we could not be heartily angry, because he would ao ply the jests and droll upon us and himself, thot reconciled us to pationce. When he waa made Chief Justice, the sudden change from it Iubour to plenty and to luxurious eating and drinking, brought on a sort of apoplexy, and in a short time after he died, While he was at the bar and was connsel in the cause about brandy, whether it were excisablo spirit or not, and specimens were handed about in court, and jndges and jury. were tasting it, Saunders took one and drank it all off. Jeffreys, when asked by the Court to on with his evidence, said : * My lord, we are at a full stop, and ean go no further: Mr. Saunders bas drank up all our evidence!" which jest made no little diversion at the time. (Sve also arite, p. 170.)
EMINENT OOUNSEL IN A FOREIGN THEATRE.
T. 8S. Whalley, in 1786, was visiting Brussels, and having read “ Lavater on Physiognomy,” then recently published, felt strong enough to diseover anybody's character from the countenance. At the theatre, one night, he wus sitting next a gentleman, who seemed at first ‘sight to have a very elover face. Being both unknown (o each other, they entered into conversation in French, and soon talked of the stage, and next alluded to the then rising actress, Mra. Siddons. Whalley observed that she shone both in tragedy and comedy, that she was eminent not only on the stage bot in private conversation, and her churacter besides wus irreprouchable. ‘These things were assented to. Quoth Whalley, “It is
568 «CURIOSITIES OF LAW AND LAWYERS. not a common all is peree oslo eaae pr pee be tig ye
stations in noted instance oceurs to me at this moment) (ei anes eh me)
COUNSEL ON THE VALUR OF SMALL COURTESIES,
Erakine said to Rogers, one evening after dinner at il so thr htrry oan Chose can ner e one em I can never
PrNCHlebl tonite Ka b, comerrsaerenn Boks ee Pea aire [enero etre ently the sport of idle boys in the market-place, and once #o beset. on their way to church, a yi cals, alate Sab ems eepaiated thoy: my Feproved ye passed by in to each of the
had. sige ah itr or , aad when I rose in place to establish it, 1 ed the story, and anid, * gentlemen, is the value of small courtesies.” In my speoch here I was browbeaten by the judge the bench, and honest Jack Tee took my part. Whea he died he left me this Zag, and I need not xay how moch I value it. It shall serve me while I live, and when I die T mean to be baried in it.”
EMINEST COUNSEL RESTING ON SUNDAYS,
When Lord Mansfield was at the bar and full of basiness, it was noticed that he used frequently to ; his time from Saturday to Monday morning Lord Foley, who lived some distance out of town. was cove very the mond ro hat was reckooed very dull, the wonder what great attraction. Charles Trees, bai reason, gave this explanation : “ Well, pegs me, Seaee
Fe
MORE ABOUT COUNSEL.
669 a very it fellow. He is obliged to do a great
inking daring the week, he down to Foloys td cost ha ondaatanding oa Busia
COUNSEL'S REMEDY FOR SLERPLEBSNESS.
Erekine, on being consalted as to the best mode of inducing sleep, gave this opinion: “A friend of mine was suffering from a continual wakefulness ; ond varions methods were tried to vend him to sleep, but in vain. At last the physicians resorted to an experiment, which succeeded. imbly, They dressed him in a watehman’s coat, put a lantern into his hand, him in a sentry- box, and—he was asleep in ten ites.”
OOUNSEL FORGETTING A BIBLICAL ILLUSTRATION.
When Peyton, an eminent Virginian lawyer, was sitting in the criminal court, a brother lawyer was addressing the jury with great eloquence and vigour, and having, in the heat of the moment, just thonght of an admirable point which he wished to make with tating: neat rather abruptly stopped, turned round to the bar, ans asked, “Whut was the name of that man in the Bible who would always have his pound of flesh ?”
waa sitting at the orator’s side, and, with imperturbable gravity, at once answered “Absalom.” So poor
was called up from the vasty decp to give point to the terrible pathos ; but the orator was confounded on dis- covering that. his finest a only made the court and jury roar with laughter
COUNSEL ON THE DECAY OF HIGH FAMILIRS.
One day, in the Parliament Honse of Edinburgh, o litigation then going on eo notably illustrated the rain of a great family, that a grow lawyers began to ex- change their comments, aud generalise on that telling theme, and lamented the deoadence of so many fine old Scottish furniliey, which had been, and were then, rapidly, before their eyes, going to the dogs, ‘The leader
CURIOSITIES OF LAW AND LAWYERS
ES 3 f i : i F é
it i i i
f i
ab abe iE u 2
i!
&
i H E f
if i
gE
your ancestor, Pan, was looked
(See other virtues of Topping, aate, p. 349.)
COUNSEL RECEIVING A PALTRY FER.
Old Counsellor Fitegibboo, the father of Lord when at the Irish bar, was very avaricioas, and look closely after his fees. One day a client bt his own brief sud fee, in order that be might pet Ir for the smallness of the Inter, ‘on recel fee, looked very discontented; whereon the elient “I ashamed of its .
assure you, Counsellor, I am . bot, in fact, it is all I have in the world.” “Ob, /
‘Mong Avour COUNSEL, S71
suid the counsellor, “ you ean do no more. As it’s all ae ie in the sworkds lege stat must of course— tuke it 1"
COUNSEL THROWING UP A mnIKE.
When Wilmot, afterwards Chief Justice, was at the bar, he was said to love Apayiewt wine more than his pro- fession. He once pleaded before the House of Commons ‘on 4 contested election for Wareham; when Pitt, the first, with great hanghtiness, reprimanded him, telling him he had brought thither the pertoess of his profession, The Speaker prohibited the advocate from making a reply, See the latter flang down his brief in a passion, and never would retnrn to plead there any more.
COUNSEL REFUSING TO DEFEND PRISONER,
Chief Baron Pollock nsed to tell this story of Lord Chancellor Truro, when they were at the bur together. Wilde refused to bold a brief to defend a man who had confidentially suid he was guilty, because, as he thought, his counsel onght to kuow all. Wilde,on being informed of thia, aid: “ The single question is whether the witness for the prosecutor is perjared or not. I will not defile my mind and powers of reasoning by trying to pe a jory that a witness is perjured when T know the defendant that he is telling the trath 1”
WAITING CONFIDENTIALLY TO EMINENT COUNSEL,
When O'Connell, by his patriotism, as well as his fame 43 an advocate, beenme known to all the world, he re~ ceived mauy letters from strongers requesting his kind assistance. One wrote from New Yorle that he had found # Queen Anne's farthing, which he minutely described, and asked Ireland’s liberator to kindly negotiate the sale of it in London, as the writer had been told he might make his fortune by it. Another from New York wrote : “Sir, I have discovered an old paper by which I find that my grondfather, Peter Waldron, left Dublin about the
i |
r i Le i
rit viva
tlepiy l Hee i fe H jek re ro ELES i f Be
TWO COUNSEL PROUD OF THEIR MrERTINESCE.
this very quality. Ove day be
spirit in Four Courts, and eaid to him, “ Peter, 0
bet you a eS ee ee
than Tam.” To this Peter answered, “ You'd win your am certainly the more impertinest. You are
only impertinent to those who you koow woo't knoek you
down for it, but I am impertinent to everybody, great and
(COUNSEL ANGUISG WHILE IX DELINIUM TREMESS,
sae ics» Seotbsr of = bulge, bad Sie Ve a jorist, become a great sot, could ot bar with all his wonted ability. ‘Oke days after be had throngh a most able and triumphant a
MORE ANOUT COUNSEL. 673 in due time, came to an abrupt end, as he missed his
footing one day on an ontside stair, and fell arkwand and died,
A USING PARLIAMENTARY LAWYIR.
Charchill, in the “ Roseiad,” ee in 1761, gives the following vigorous sketch of Wedderbarn :— ‘To mischief train’d, e'en from his mothor’s womb, Grown old in fraud, tho’ yot bloom Adopting seta by which gay And resch the hwiy
in ‘Stood forth : and thrice he wav’ And thrice he twirl'd bia tie—t
A LEARNED COUNSEH GRTTING ON IN PARLIAMENT.
Michael Angelo Taylor, when at the bar, was a little man (once called by. Law a pooket Hetonles™), and having w good fortune aud becoming a member of Par liament, he got on by keey cook and giving excellent dinners, Law, afterwards Lord Bllenborongh, was fond of playing on the vanity of the learned counsel; and when once arguing in Hastings’ trial apon a point of law that had been raised, he happened to see Taylor sitting arct and pompons, ns if waiting for distinction. Law thns addressed the Speaker: “It is a pity, sir, to raise a discussion on this mutter. This is nodoubtfal question of political expedience ; it is a mete point of law, and my honourable and learned friend there pointing to Michael), from his accurate knowledge of the law, which he has practised with 80 much success, can confirm fully what I say.” At this Michael puffed and swelled, and almost andibly assented. Barke was quite farions, and ran to him and shook him, saying, “ You little rogue! what do you mean by assenting to this?" It was at one time ee romoured that Michael would be made a peer for ‘is hospitality. It was the same gentleman in similar circumstances
574 CURIOSITIES OF LAW ASD LAWYERS,
said, “There is a Inw question likely to ly, 0a which from your legal know! you will be wanted to reply to Pitt; so yon not think of leaving the House.” Michael accepted this retainer and sat still, his eye sparkling with Meanwhile Sheridan stepped oat, walked over to 's house and ordered up dinner, saying to the servants, “Your master ix not coming home this a will be better not to wait for him.” Upon this the dinner
ocesded, Sheridan k of it, and returned to the
louse, where he saw Michael still sitting alert in a state of expectancy. Sheridan said, “I am to have kept you, for after all I believe this matter will not now come on to-night.” Michel thereon, being h released, walked home, and to his co! on ringing for his dinner, that “ Mr. Sheridan bad it, sir, two hoars ago.”
RISING COUNKEL CUTTING A PREMIER,
Thoogh Michael Angelo Taylor was a little man in stature, he had a swelling soul, and perhaps was the only man who had the plack to cut Pitt the Premier, Michael was going up St. James's Street one day with a friend, when they espied Pitt coming down with immense strides, On their meeting, Pitt rather hangbtily nodded to the friend, but took no notice of Michael. The latter, how- ever, after ‘ing, first drew his breath, and said to his friend, with emphnsis, “I am very sorry, but Pitt's conduct has been such that I felt it my dnty to ent him, as you saw.” The friend replied, “1 am truly glad ie have told me, for I was almost afraid he had cat you!”
COUNSHL'S TRINUTR TO A WHLI-GRACED ACTOR.
Sir James Marriott, Admiralty advocate (see ante, pp. 941), who explained the American war by telling the
il
MORE ADOUT COUNSEL. 515
Honse of Commons that America was part of Kent, wrote this graceful complimentary letter to Garrick on the retirement. of the latter, in 1776. “‘ When I met you & few days ago, it was with singular pleasure I saw & man who had jnst departed this stage look so wonder- fully well. You have had the phi hy to resign thrones and diadems in good time, and with good grace : sane exit is everything ; and I hope now you will have philosophy enough never to repent it, as the few kings and emperors in history who have zeaigzo T fear, always have done, Your epitaph may be almost as short as Ben Jonson’ mer be said of yon, ‘ He followed nature and he di ‘on must have one great sntisfae- tion in reflecting that yon will always live in the minds and memories of oe countrymen and in their history while the world of arts and letters shall exist, and that till you really quit for the trae last time the scene, the respect you will meet with from all orders of men will alleviate many a pain and many a chagrin. Your countrymen have been too long inspired by you with exalted sentiments, and been relieved by yes vivacity and fire from the weight of their blood and atmosphere, ever to forget the obligations they owe to you.”
COUNSEL TURNED anernopisT.
One night a barrister named Madan, on of Justice Cowper, grand-nephew of Chancellor Cowper, and consin of the poct Cowper, when the Methodists were first coming into notice, was holding his revels with some gny companions nt a coffce-honse. John ‘Wesley was announced to preach, aud the company, talk- ing of the event, requested Madan to go and hear him, and return and exhibit to them for their entertainment his manner and discourse. Jost as Madan entered the tabernacle, Wesley read out hia text, “Prepare to meet thy God!” and gach was the solemnity and eloquence of the preacher that when Madan retorned ne was asked by his companions “if he had taken off the old Methodist,” he replied, “No, gentlemen, but he has taken me off,” From thnt moment he renounced his companions and their associations, and consulting the.
regenerate Hi ih
RH : i ne
ae ie
a aH
MORE ADODT COUNSEL. 677
said; upon bis word and honour he never meant the least: offence, bnt if he undesigaedly had offended, he was eorry for it, and was ready to beg hie pardon, which was a gentloman’s satisfaction, “ Well,” said Mr, Reeve, “as the affront was public, so must be the reparation : thou must beg my pardon before the company in the next room.” ‘The counsel with some difficulty mt last consented, and so no blood was shed. After the li
of some years, when Mr. Henley was Lord lor Northington, he sent a present of two pipes of Madeira tw Mr. Reeve, who, next time he visited London, dined with the Neg oP eis Pk his Ses ad be company, with amour, the origin acquaintance with his Quaker friend,
‘THE PROLIXITY OF A SCOTCH COUNSEL.
A Scotch counsel, uotorions for the length of his addresses and angnments, was one day engaged in a very heavy case, and having to address the jury on evidence, occupied a long day, if not several days, without a pause. During visit from the impatient counsel in the next ease, anxions to know of the end, one remarked “ Surely now our friend is pasting s reat deal of time f Mr. Henry Cockbum answered—* Time He has long since exhanstit: time, and has eneroteh'd upon eternity !
COUNSEL POR THR SOCIRTY OF TAILONS.
The Hon. Heory Erskine, the popular Scotch counsel, had been retained in a litigation for the Guild of Tailors in defence of some of their byelaws. The leaders of the Socicty were so pleased with his efficient services, which ended so snocessfally, that they felt that they conld not part without inviting their counsel to a little gelect banquet in testimony of their gratitude. After a pleasant evening the health of their champion was dropk, in return for which he begged to propose the prosperity of the Guild. In course of his remarks he took care to notice that there were jast eighteen of them ; so he conelnded gracefully with wishing—* Health, long life and pros-
a
5678 CURIOSITIES OF LAW AND LAWYERS
perity to doth of you 1” aud before they could do the sum in aaithimetio rig eens the compliment, he took eare to retire with a smil
HOW TO REAR EMINENT COUNSEL.
The Earl of Bachan wus the elder brother of Thomas Erakine—who became the most eloquent advocate the world has seen, nod who afterwards was Lord Erakine— also of Henry Erskine, long the head and ornament of the Scotch bar, Lord’ Buchan, thoir oqnal in wit wad excelling them in every eceentricity, said to an English nobleroan, who visited him at Dryburgh, “Yes, my brothers Henry aod Tom are certainly extraordinary men, but they owe everything to m ‘The stolid Englishman asked him further to expound thix riddle,
when the Seottish Enrl confidentially replied: “ You wee, this is how it was that they owed everything to me. On my father's death they pressed me for a small annual allowance, I knew that’ ‘tis would be their rai, for it would relax their industry. So, with « violent effort, I made a sacrifier of my strong inclination to
ig them ; and it was fortunately for their good, that refused to give them = farthing, They have beth jone marvellously well ever since; so that sce both of them really owed everything to me!"
THE FORT'S DESCRIUTION OF LEADING COUNSEL,
When Barns the poet visited Edinburgh, ia, a7 in et finsh of his fame, and mixed with be) wits, he thus described Henry Erskine, the ee counsel of the day and elder brother of Lord Chancellor Erskine :—
Cellected, Harry stood ares, open'd out his arms, Hie Torti sat wi rose ae, And eyed the gathering storm, tam. Like wind-driven hail, ie ha avail, rea forga ome ins, man The Bench, aso wise, lift up their ew, ‘Half waolkin'd wi ‘the dha, Soa bd
MORE ABOUT COUNSEL.
GIVING PIESENTS TO BUCCKSSFOL COUNSIT.
After Brongham had succeeded, in 1812, in hia masterly aud self-imposed task of defeating the Government and causing the repeal of the Orders in Council, his popularity was great inall the great seaports, The Glasgow people voted him a present of £500, and desired to know in what form it would be most acceptable, Brougham consulted Lords Grey, Holland, Erskine, and Romilly, Baring and Croevey, as to whether he ought to refuse it, ns being x0 likely to perenne of envy and detraction. Erskine ‘said it was o gift long after the service performed, und yet it was irregular. And they referred to Serjeant Topping’ refusal of o retainer of 1000 guineas in the Bultic risk eases, which he said would imply that for ordinary retainers of five guineas he would not equally do his duty, The result of the consultation was, that Brougham, ou returning thanks, said he should refuse anything which he could have a1 idea of pmrchasing, and that he would only take it the form of a gold inkstand. He heard no more of ir for five years, and then he was told that the Glaagow people liad sent it.to the Liverpool people to help in paying Brongham’s electioneering expenses, in a gallant fight he had made, and in which he had been honourably defeated.
Lord Brougham missed other good things in a similar way. When Queen Caroline hud triumphed and the ill tor divorcing her was withdrawn, she one day told him there was « sum of £7000 lying at Kinnaird’s bauk, which she commanded him and her other counsel to accept; and he was to give £4000 to the others, keeping tho rest. He and they all refused to accept anything but the usual fees ; whereon she said “ lawyers were nnaceountable people.”
A gentleman, Mr. Shakepeare Reed, in 1828, wrote to inform Brougham that he had left him all his property, except m few legacies to relations, and this was in re~ cognition of his public services, The testator often alluded to these estates, which were in the West Indies, as Brougham’s own; but one day he wrate wrgeuthy So
a
hi | sane
Hn
HT
PH Ee Hid La b ie z
i ue Hi nH rue
324 23 E25 ti : ai sy
ANOTHER JOKE AT THE OLD SERSEASTS.
»- Hollock, before Wing made a serjeant, nsed to
MORE ABOUT COUNSEL.
Pleo, 3) Vn, ney ce
len to Yor! wu on a
common in Lincoltshire fo ir sole reason, W! nae
of noisy geese gave note of their near aj
who was rather near-sighted, waited the eq! Mo
approsched near enongh to enable him to alieseta their
pee when he remarked to his friend, “I thonght it
eee not be serjeants—so far distant from the Common leas
‘THE OVERLITENARY AND STAGY NERIRANT.
Serjeant, Talfourd bad been a boy at Reading grammar
ach choot under Dr, Valpy, and Miss Mitford carly tool n fancy to him and predicted his success. He soon became connected with the friend und companion of Charles Lamb, whose life he afterwards published, and he drank champagne with the wits most Mberally. He became in time even w dramatist, and poblished don which was acted in several theatres. When he famous he wsed to invite Miss Mitford, but ehe aleo wes a dramatist, and her play Riewsi bad «ran of fity nights at Drnry Lane, At that time she stayed a few with Talfourd in Russell Square ; bat when he fon ae play so enccesefal, and that letters and reviews poured in apon her at breakfast, the demon jealousy entered the Serjeant's soul, One day, while the critics scnrified his tragedy, and he exclaimed aloud against this in- justice, Mixs Mitford tried to soothe him, saying she wonld not have minded it if the same thing had been suid of her Rienzi. “Your Rie ndeed |" retorted the Serjeant ; “I daresuy not! thnt is very diferent!” And so fierce grew the indignation that she packed np her boxes and went off. Dickens, when ing at Browdstairs one night on Rogers, said, “1 um sure Talfourd will not be down from town here to-n ‘ht, hecanse I see Son is to be acted at the theatre. He is never absent from any theatre, far or near, where that is the play.”
‘The Serjeant used to give great entertuiuments, es pecially to literary men and lawyers. At one Ttater;“uttontted ep somer judges tha -Serleoal mast iid wife sat fereemes | the whole dinner, each’ with # cat on
‘682 CURIOSITIES OF LAW AND LAWYERS,
at night
on, et ee p rvktcn priig Up eel he) Seater Scar ecatlbictsert 2 5 aan
a0 Cachet marr
(no due time Sal of the leaal proton fil noe and to the great regret Min pra dead ia the waibeot an closest peg nto the assizes.
SKIVKANT LABYRINTH CITING AN AUTHORITY IN COURT.
Serjeant Hill, the celebrated black-letter lawyer, Serjeant Labyrinth,” had fixed his wedding day with Miss Medlicott, a Indy of fortune ; bot nafortunately he bad in hand a most intricate case at chambers, snd became so engrossed in hunting up the authorities, that his clerk to remind him that if he did not start at once he would be too late: whereon he tore | he een ae a He ess eee ott
jeaut wae ef in & very heavy ease, eae to ovens with the anthoriiies ou whiok he — a — 1th mile of his plot he e nce an incontrovertible “on iat which he
:
it” from Viner's Abrid yank
would real to his lordship. He then turned to ee ‘and took out, amid breathless silence, s ponderons which proved to be s large plated candlestick, and which took awny his breath. After much distraction poy that, in hurrying that morning to court from his ton, had seized iy mite the bag of « commercial ple and hence the cause of the court and judge being #0 convalsed with langhter.
On another occasion, at the Leicester ossizes, a trial lind lasted the entire’ day, and the judge and jury Tin pret Pfc on and finish it, the learned ry FOB
ns he was likely to be detained the whole ni; wus the same serjeant who, on leaving a convivial See
MORE ABOUT COUNSEL, 683
of the Indy of the honse and shook hands most fervently with the maidservant,
COUNSEL'S VAIN REPETITIONS,
Mr. Jnstice Wightman presided at a trial on the Home cirenit at Maidstone, and a counsel was distinguishi hint hy the length of is argent contentline ke many vain repetitions, The j go at lengtl interposed = “Yon have stated that before, Mr. Jones, bat. probably Fo ay have forgotten it: it was a very long time ago!”
COUNSEL CONFRONTED WITH AX OPINION OF HIS OWN,
When Sir Richard Bethell was Attorney General and in consultation, he observed to the solicitor that the pleadings bnd been drawn in a most unfortnnate manner, which le could not conceive any one in his senses could have advised. The country solicitor thereupon remarked that that was done specintly under the advice of counsel, 0 as to obviate every possible objection. Being asked if he had got the opinion, the solicitor said it was in his bag, and produced it ; the connsel's name being the Attorney General’s own, Fle read it slowly and reflect~ ingly, and then observed, * Well, it is @ mystery how any one capable of ae such an opinion could have ae ito the high office which I have now the honour to
old.’
COUNSEL CITING FICTITIOUS CASES.
It used to be circulated os an excellent bar story, illustrating the audacity of Sir Richard Bethell when at the bar, and his contempt for his judges, that once, in wo argument before the House of Lonls, he cited a cuse Which was relied upon by him as conclusive. His opponent, with equal audacity, when he came to deal with it, flatly told their lordships that that case bad been over- ruled. Thereupon Sir Richard tarned to his junior and remarked, “What a liar!—there never was such n cnc!”
584 CURIOSITIES OF LAW AND TAWYRRS CORRECTING COUNSEL IN CONSULTATION.
way of monologue, and did not easily bear
‘One day the solicitor's clerk corrected him a4 to a date which was of no consequence whatever; but, it done somewhat abruptly, counsel paused » moment and looked significantly, though without expre displeasure. A little later another correction ocer from the same quarter. Counsel of tones, addressed the young man: “I hear some oe trying that door ; will you have the kindness just to step ont for a little and turn the key ow the owteide, 0 that we may not. be disturbed?”
COUNSEL'S AFOLOGUE TO A BIGOTED JURY.
O'Connell had a brief to defend Mr. Boyle, who was ae with assaulting and breaking two ribs of the sheriff daring a crash on leaving the thiaties It wax in the days when jarics were packed; and the whole affair was a mere necident. He told them be kad jst got his brief, and scarcely knew what it was about, and meant to call no witnesses, nor make any speech; but he Gee instead, tell a story which would please 80 iy independent jury as he now saw before Years ago he was present at a trial at Clonmel assizes of a Tipperary man for murdering a neighbour at = there being an old fend between them. Tho facts sea very strong against the prisoner, bet when asked his defence he said he bad a witness. The witness, to surprise of the whole court, was the murdered himself, who told how he had got a bint that be arrested under the Whitcboy Act, anil thi him to disappear, and keep out of night til the prisoner being pot om this trial, and not rest quict any longer. The judge nt. o jnry it was unnecessary to charge them. permission to retire, and in two ret verdict of gnilty. “Good God!” said the judge;
FEE Hu:
igi p de
‘MORR ABOUT COUNSRI, — 585 git Ht ts Surely not.of murder!” “No, my ie
reman ; “but if he did not murder that
Jord,” said man, sure he stole my grey mare three Jory were convalsed wit hth Hed at this story, and when it ceased counsel concluded thus: “So, gentlemen of the jnry, if Mr. Boyle did not Airs assault the sheriff, he has Tibeltea tho corporation. Find him guilty by all menus!” ‘The jury had wit to sce the sntire, and were shamed into tun immodiate verdict of not guilty."
COUNSEL INVENTING AN IMPRESSIVE PHRASE.
Bally Hgan, the eminent Irish counsel, had an im- {erase case for triul wt the assizes, in which the rival jeader, Mr. Hoare, was for the plaintiff. Hoare was seen to make a powerful impression on the jury by his speech, and this ronsed Kan to put forth all his eloquence and skill to baffle him. After demolishing the plaintiff's case to his own satisfaction, he wound up with this peroration: * My learned friend, gentlemen, may ran away with the idle notion that all this loud and ae declamation of his has secnred for him your verdict; BE ele know you too well—I have known you too long—I have experienced too often already that twelve men of your commanding sense and discrimination will not. and cannot be led awny so eusily by the dark oblivion of a brow!” The other gentlemen of the bar, on leaving the court, were eager to inquire from Mr. Hyan the precise meaning he attached to these Inst words. ‘ Well,” said he, “the jury may possibly have some difficulty with the phrase, at it occurred to me that it would prove uncommonly telling with them.”
A COUNSHLLOR'S MAIDEN SPERCH,
Mrs. Bancroft, the actress, says that Mr. W.S. Gilbert, the eminent dramatist, soon after boing called to the bar, was allowed a chance of distingnishing himself, about 1866, by being entrusted with hie first brief, It'was to
prosecute an old Lrishwornn for larceny of a cont, and is friends nasembled to witness the lome anticipated triumph, He was rendy and willing to make m laminows
586 CUMOSITIES OF LAW AND LAWYERS
ing ; bot, onfortunately, the moment he
pe complete a sentence the oki woman ‘neoned Me tos
with the most peste Ai jaan “Roald ir tongue, |peen.” me now,
ote ‘dows {t's a lie, your honour.” EF for ould
epecch wae thus disgracefalty matilaied and foreshortoned, and ia said to
have never
COUNSEL ORDERED TO THE GUILLOTINE.
When Plamer Ward was a stadent of the inet in 1787, he took short trip to the Ligier
he spent some time in France, being pleased with the many attractions there to be found. rim the breaking ont of the Revolation be was astonnded ooe day when he fonnd himself arrestod for high treason, and wax
without auy trial to be sent 05 Paris and to be goillotined. By the greatest Inck, before the fotal issue, it tarned ont that he bad heen mistaken for ancther person of the same name, who also wore the same colonred cont and waistocat. "This happened to be discovered just in time,
COUNSEL FORGETTING THE NOTES FOR THR TRIAL.
Dector Lusbington toi Haydon that, one —s daring the ion for the “Queen's trinl, be ena ‘an express to Brougham, who was in bed, and the answer to, which was, was required by six o'clock. Brougham, 0 swore be would not wake; whereon
Treen raid, “ By heavens, if you don't get up, Il oe this jng of water over you!” wherenpon coansel em fpenlig borritly at his i tommenor. Oo ia a
pening of Queen Curoline’s t
dined at Le Holland's, axa when oe of et aera et ma hed Be his notes. tarned to Lnshin, an i ington, cay man 1 tat go om antennae tae door,—here’s the pay vaski bring me my ‘The errand was faith lly eb aad the notes just in time.
MOEE ABOUT COUNSEL. 587
COUNSEL RIDING POST-RASTE WITH THE VERDICT.
When the Douglas canse was decided by the House of Lords, in 1769, a to the legitimacy of claimants to n great extate in Scotland, a young advocate, Ilay Campbell (afterwards Lord President), resolved to outstrip the post, and be the first to carry the news to Edinburgh. He got a very ficet horge, and managed to be far the first who reached the Edinburgh Crose, where a vast assemb! of people stood eagerly waiting for the news. Tlay spnr- Ting, fiery red with haste, waved his hat three times in the air, and cried ont, Douglas for ever!” On which the crowd sent up a great shout which rent the air, The messenger was forthwith hoisted on the shoulders of the people, and eonducted in triumph to his house.
this, however, was not 40 dramatic u scene as when the courier Phidippides ran all the way from Marathon to Athens (teu miles) to annouvee the victory over the Persians: the messenger had just strength enough to announce the glad tidings, and fell down dead at the winning-post,
COUNSEL KWKAMING AT THK NORTH POLE.
Abont 1834, when Jeffrey was Lord Advocate, Captain Ross had returved from an unsuccessful Polar expedition, and waa bent on gelng, away again. Ross nsed all his interest in getting the Government to send him out onee more, and a mutnal friend mndertook to go with him and gain over the Lord Advocate, who was then rather out of Rrealth. On reaching his honse, the eminont connsel was just mounting his horse, and had his foot in the stirrnp, anxions to be off; and when accosted by his friend aud visitor, was greatly pnt out at having such pressnte put upon him—and all about the North Pole. At the moment he damned the North Pole, and rode off. On the friend
ravely relating this cold-blooded conduet to Sydnoy
mith, the latter, after shaking his head with grief and annoyance, observed, “ Well, never mind, never mind his damning the North Pole: Lhave myself heard him speak most disrespectfully even of the Equator!"
5838 CURIOSITIES OF CAW AND LAWYER a
DIPORTING AX KARTHQUAKE TO CRUSH COUNSEL Daniel Webster's style at the bar and in the Congress was thus described by a Virginian advocate : “Ho was totally different from any public speaker lever heard. 1 sometimes felt as if I were looking at a mammoth treading st an erent and stately pace his native cane
brake, and without apparent consciousness ernshing hes nature hail never desigued as impediments to him.”
When s gentleman in Nantucket was complaining toa friend that he was in great distress, and was at = lose what to do, for he had a law-snit, and he kad discorersd that. Webster wns opposed to him, the friend replied, “Tn that case, my friend, your only chanee of escape is to send to Smyrna and import « young earthquake!”
Daniel was above the ordinary’ size, and at forty was considered the handsomest man in Congress. He wns stoutly formed, but had small hands and feet, a large head, & very high forehend, dark complexion, i Black, deep-sunken and solemu-looking eyes, black hakr, and heavy eyebrows. He was slow and stately in his movements, aud his dress invariably neat and elegant: his favonrite suit latterly was blne or brown cont, & ‘vest und black pantaloons. His manner of speaking, both in conversation and debate, was slow and methodical, and his voice gencrally low and musical ; but when excited it rang like a clarion. After his death his brain was found to be 30 por cent. above the average weight, The great men of bis own country compare bim to Burke,
MR. COUNSELLON NECESSITY.
‘Tho Irish barristers in the end of the lost century need to call barrister who was afterwards made o judge Connsellor Necessity, beeanse they all had the wary strongest conviction that be “ had no law.”
COUNSEL SIKDDING TRANS OVER M18 CLIENT.
Peyton, tho great Virginian lawyer, was ones for the prosecation in a crimival case, and the prisoners
al
MORE ABOUT COUNSEL 589
were defended by two advocates of great ability. One of these, Mr, Stuart, afterwards Secretary of the Laverior, had a singular faculty of shedding at will abondant tears at any select paseage of his address to the jury. Oa this océasion the sympathy of the Court scemed to be with him, and the copiousness of his pathos overwhelmed Peyton, who was still more confonnded and ani when the second counsel took exnetly the same line and even ontponred his predecessor. Peyton then rose, regretted the great disadvantage the commonwealth Ioboured nnder on that ocension in being represented by him, for he confessed he was a very poor hand at crying, and certainly he felt himself quite unuble to ery against twoatatime. This happy tarn completely got rid of the favourable impression creuted by the copious low of his advorsaries? eloquence.
QUAKER CLIENT TOO MUCH FOR HIB COUNSEL.
A Quaker gentloman of Nantucket called on Daniel ‘Webster at Boston to secnre the advocate's services in a suit on the island, and wished to know the terms, The answer was, “I will attend to yonr case for one thousand dollars.” The client hexitnted, but, finding the advocate inexoruble, said he would engage to pay that fee if the advocate would agree to attend to any other matters that might be pending im the Court, and this was consented to, ‘The Quaker then returned home, and inquiring after the other suitors, asked what they would give to get the benefit of the great Daniel Webster's services. One offered four Londred dollars, another three hundred, a third two hundred, and a fourth two hundred. The bargain was made. At the time appointed Webster appeared, and after winning the first case, had a second, & third, fourth and fifth submitted, which mule the counsel impatient, and he demanded on explanation. The Quaker replied, “I hired thee to attend to all the business of the court, and thon hast done it handsomely, and here is thy foe of a thousand dollars.” ‘The Quaker clesred a hundred dollars by his skilful manipulation on the occasion.
590 CURIOSITIES OF LAW AND LAWYERS.
COUNEEL ADVISING CLIENT TO PREPANE FOR THE WORST,
In 1802 » Dr. Heaviside was in great practioe ne surgeon, and frequent witness in all cases of bodily injary., As Jekyll ssid, “ We mever have a vide ict
cide, or any other esi) am a Heaviside in it.” ese cee mal ieal tintioes ly ata it too! two colonels. For this he wns committ Nore and during a whole fortnight was in the iota His friends Erskine und Yarrow aod Wood (al Baron Wood), and others yolonteered thera bat the Mle of woetilant are re sgt prec: of
Sisrets ling to the law as uncomfortable In this dilemma his bein
sold out his stock, which, with his other prope conveyed to a third party. This service was pei by the zealous free of charge. In the end the grand jury ignored the bill against Dr. Heaviside, and surgery prospered with him for twenty-six years longer,
AMISTOCRATIO CLIRST TAKEN DOWN A Pita.
Sir Edwant Seymour, head of the cay the [ieee man in England, and ones Speaker of the
louse of Commons, went over to Ireland to carry on & Htigation, and inquiring if there were any creatarey talled awyore tn/onch a ‘wretahed eodutry,/Suw that if bo wanted to win his case, he most retain Sir John Meade. The baronet told one of his fellows to and fetch him, bat on belog informed that it woold Gifficnlt indeed for him even to ptm 9 andienco with counsel in such extensive practice, at call on the lawyer. Sir John havin perious client, took good care to ving a was bosy, and so kept him waiting o fal at last tulmitted, Sir John said he had no
Tt grt ll
H
HIE Ey diy B33 BE. ul tei
is Ez
er people's basiness could attending to before his own. When! the tial at
ie.
MORE ABOUT COUNSEL. 591
came on, Sir John still farther irritated the ellent by allowing all the other fellows to speak flrat ; but at last his turn came, and he won the canse with sdmirable case. This so mollified the baronet that he preased Sir John to dine with him that evening ; but the invitation being declined for a fr engagement with a club, the cHent gaid he would gladly go with Sir John to the club supper, if allowed, This was granted and a jolly long night being spent, Sir Edward next day, on. being ask the cause of his headache, said, “ Why, I had spent the provions night with Homer, Plato, Socrates, Cicero, and all the ancient Greek nnd Latin poets, philosophers and orators.”
THE MOTTO OF AX EMINENT COUNSEL,
An eminent counsel, when he had achieved success, and fixed on his coat of arms and motto, chose these remarkable words, “ Sé summis immunis,” which may be freely translated “Down with the money and Til get you off,” One remarkable thing about the words was, that when read backwards precisely the same words and meaning reappeared.
XMINENT COUNSEL LOSING HIS PERSONAL IDENTITY,
Jobn Clerk of Ridin, an eminent Scotch counsel, after- wards jndge of the Court of Session, was obliged, like his contemporaries, to join in many convivial meetings, and do honour to the age by me ag much os possible, One morning very early, after a long midnight carouse, counsel emerged into the open air, when he became bewildered as to his precise locality and the direction in which he should go. Unable to come to any con- clusive settlement with himself, he cspicd a servant girl bosy cleaning the doorstep of a house, and he with some difficulty steered towards her and said, “ Ma Jassie, can ye tell me where John Clerk lives?" She looked up somewhat setonished, and after a slight pause answered, “Dinna ye speer xt me wi’ your nonsense, when ye're John Clerk himeel’.” “ Aye, aye,” quoth connsel, “I ken that weel eneach, but Johw Che
592 CURIORITIES OF LAW AXD LAWY EIS.
a’ that wants to ken whare John Clerk lives; that's
what he wants, ma lassie.
COUNKEL WITHOUT A OREAT-OOAT.
landlady was very inquisitive, and scconding to her enstom pat several searching rogatorios, to which he gave his answers, thongh famish= ie Where had he come from? From NM
ore was he going to? To visit six nations. he uo great-coat ? No, he never wore one. How many children had he? Nine. At this point her amazement. coakd not be contained, and she shouted oat, “ Hasband, hnsband! come here. Here is o man with nine ebildren, aod he says he never wore a great-coat ; and yet I have made you a degen, and child never a one have we had— never a one!”
SYURRING A FLAGOING COUNSEL.
Mr. Crosbie, the Scottish counsel, whose high jinks are described by Scott ander the adias of Coansellor Plesdell, was made the victim of a very gross practical joke by a Seotch jodge, Lord Gardenstone, Ope morning. the judge met a rustic client of Mr. Crosbie going to hear his cate argued in court by the counsellor; and told him to wrap up separately in white paper a few dozen farthi i to use them, a ecm lc pesint = fees, Bi the argument ie client i At the pie rage with well-timed muni took care to insinuate into his band a few additional coing whenever the eloquence was ranuing low or threatened to stop, or a point was suggested which had been overlooked. At eoch application a fresh spurt of forensic zeal wns
i anh oo many last words were. spoken, thal tii Court at last succumbed. The case was decided in Crosbie's favour after the fourteenth farthing wastdis—
MORE AROUT COUNSHI. 593
charged. At an evening meeting in high jinks, the jndge called for a computation of the profits; and the company were highly delighted in witnessing the discomfited oe eared and sudden collapse of their president’s exuberant spirits on opening aud totting up all these accumulated earnings.
COUNSEL ADVISING AS TO AN IMPORTUNATH SUITOR.
Mr. Hugo Arnot, » Scottish advocute, who flourished in 1784, and who had written an admirable and facetions “Essay on Nothing,” was consulted by a lady as to her best course in getting rid of an importnnate suitor, She had neither beauty nor youth nor good temper, and was undoly prond of her ancestral virtnes, He asked her to tell Kin the whole story, and she ended it by asking what he would advise her to do with the impertinent fellow. He answered, to her surprise, “1 advise you all meaus to marry him, It's the only way to get quit ‘of his importunities.” Sho indignantly roplied, “I will see him hanged first!" “Nay, madam,” suid counsel ; “marry him directly, as { said before, and, by the Lord Harry, he'll soon enongh hang himself!"
THE IMPORTANCE OF THE WIG TO COUNSEL.
When Charles Samner was in England in 1838, and mixed with all the leading counsel and judges, he observes: “ Lord Denman, OuJ., then considered the wig the silliest thing in Hogland. 1’ took the liberty of telling this to Justice Allan Park, who at once exclaimed that it was all of a piece with Denmun's coxcombry : that he just wished to show off his own person. A few years ago, when an invention came cut by means of which wigs were made with the appearance of being powdered and a without powder, and without the consequent dirt,
‘ark resisted the change as an innovation on the con~ stitution ; and he actually refused to recognise his own son at the bar when he appeared in one of the new-fangled wigs.
sy
5 (CURIOSITIES OF LAW AXD LAWYERA
oar eee
(802 Mackintoeh, theo a barrister, was fatale ved bad eesti aa bee ae har aol when at Bedford was pore Berns Se for a
fe Sam the lengeanpeciel serpetth, sanceseing birth of a fine teint certs tone oa Geant where be found another Wespatch also. an
Vth ofa Ney, mba tha wircatt cacen curse Gg
him heartily oa the twins. Bot he had so. s00ner
Ine Hall on “The Lay of Natare and Nations.” Theleader | ‘the remarkable domestic incideat they ba ah
ail heat of so resatiy, wae be was sore the the bar would with acclamation join him in dei health of Mra, Mackintosh and ier thtoa bee
Grotins Mackintosh, Master Paffendorf Mack!
MORE ABOUT COUNSEL. 605
Master Vattel Mackintosh, for each of whom they pro= dicted a brilliant esreer! Great applause followed, It turned ont that the two last letters had been posted too late for the post, and led to the apparent accumulation of events,
EMISENT COUNSEL'S THIND WIFE.
Basil Montague, an eminent counsel and early patron of Carlyle, was the son of the Earl of Sandwich and the beantifnl Miss Wray. He married a Yorkshire widow of a fine, statuesque, classical figure. She found out the secret of areas, and adhered toi for lf. Tew alas moonlight silver-grey, amethyst purple, or black sati trimmed with broad velvet. facings aie same Men the eleeves plain and tight-fitting from shoulder to wrist, and the bosom covered with a tine lace half-body, which came, like the wimple of old mediwval portraits, up round the throat. She was first introdaced to Basil one evening. Next morning she told her friends she dreamt she was going to be married to him, and that the day before the wedding he came. to her with a conple of boxes, and suid solemnly, “My dear Anno, I want to confide these relics to your keeping: in this casket are contained the bones of my dear first wile, and in this those of my dear second wife ; do me the favour to take charge of them for me." The odd thing was that when he did offer marriage to her, he actaally beged her to take charge of two caskets in which were treasured, not the bones, bot the letters of her two predecessors, ‘This singular coincidence was ever a standing mystery. Mrs. Montagn was @ brilliant talker, and used often to bring ‘out her best things thas: “Ah yes, yon know, as you once said,"—and then followed a sparkling, incisive, and
‘ofonnd little speech which you never had snid at nll,
Fwecahd. hark beet only fon embed es kara eeieiaahat if you had felt equal to it.
COUNSEL TAUGHT TO DEFINE A GENTLEMAN.
Lord Langdale when at the bar said he heard a trades- mon any to one of his customers, “ Sir, the king is axery
596 CURIOSITIES OF LAW AND LAWYERS,
fine man, bat he is no gentleman for all that.” “How no eleran 7" ‘iio, me geatleman. I ar kim at $a the queen to sngar
coffe, al ‘Tat, wontd you believe
hund! No, eT conld not have believed it if I had not seen it. No, sir, he ix no gentleman !"
QOUNSKL HELPING A PHILOSOPHER.
Stephenson, the father of railway engineers, to stay a few days st Drayton Manor, to meet Dean Backland, Sir Wiltinzn Follett and other celebrities, the conversn- tion tarned on the supply of coal and the theories as to its formation. The ais tacklod George Stephenson, a self-taught man, and, after a good deal of discmssi fairly talked him down. But George was confident tnconvinesd, snd next morning, while walking in the garden, Sir W. Follett came up nnd asked what he waa
ndering over #0 steadily. George said, “ Why, Sir William, Tam thinking over that argument I with Beckland Inst night. I know I am right, and that if) had only the command of words which he has, I'd have beaten him.” “Let me know all about it,” said Sir che Pa Tl vee aH potent estes two sat, down, and after George kad explain t at great length, Sir William said, “ Nor Lam read; for him. A hint was given to Sir Robert, who carefully bronght on pce neni the subject of coal, and then Follett took up the endgels, and with George's ideax soon silenced the Dean, Sir Robert Innghod at the resalt, and turning round, said, “And what do you say, Mr. Stephenson ? “Why,” said be, “I say this: that of all the powers in the heaven above and in the enrth beneath, there seen to me to be no power ao great es the gift of the gab!”
A PATRIOTIC COUNSEL DISCOVERING A SEW FABLE,
Jobn Adams says that Franklin told him that in 177% he kad been in company et Lord Spencer's, where noblemen were conversing about tables: and all seemed
al
MONE ABOUT COUNSEL, 507
to agree that the subject had- been worked ont, and that no man could now find an animal, boast, bird or fish,
“Once upon a time an eagle, scaling round 9 farmer's bare, aud espying a hare, darted dowa upon him like a annbeam, seized him in his claws, and remounted with him in the air, He soon found that be had w creature of more courage and strength than a hare—for which, notwithstanding the keenness of hit eyesight, be had mistaken a cat. The snarling nud scrambling of the prey was very inconvenient, and, what was worse, she tie disengaged herself from his tulons, grasped his bod; with her four limba, 30 a8 to stop his breath, and selz fast hold of his throat with her teeth. ‘Pray,’ suid the eagle,’ let go your hold, and I will release you.’ ‘Ve fine!’ eaid the eat; ‘I have no fancy to full from this height and be crnshed to death, You have taken me ap, and you eball stoop snd let me down,’ The eagle thonght it necessary to stoop secre
Tho company highly applauded this fable, which, they admitted, was original, and was very applicable to the then burning question between England and America.
A PREMIER'S ASCENDENOY OVER COUNSEL.
The Duke of Wellington said: “I remember Pitt at the Lord Mayor's dinner which took place three months before his death. Hedid notseem ill, Erskine was there, Now, Pitt had always over Brskine a great ascendency— the ascendency of terror, Sometimes in the House of Commons he could keep Hrakine in check by merely putting out his hand or making a note. At this dinner Terakiuo's bealth having been drunk, and Wrakine rising to return thanks, Pitt held up his finger, and said to him across the table: ‘Erskine, remember that they are drinking your health as a distinguished colonel of volun~ teers.’ Erskine, who lad intended, ws we heard, to go off upou the rights of jnries, the state trials, and other
ay
tty ‘
fl é ;
Hi wisn? tadiast ‘ 443: or 3 3a Bs
bide Glee il |
Lal
ttormey af all, MOW TO ODTALY HIGH LEGAL OFFICE,
Hae oa
Bim (the Premier), ‘The report of
MONE ADOUT-THE ATTORNEY GENERAL 699
favourable opinion, and that the appointment might not be found prejudicial to His Majesty's service, Tt in difficult for me to say suything pon the subject further
than that I am, etc, ete., Wise De Gay.”
The writer was rewarded at once with the office of Solicitor General, three years later of Attorney General, then of Chief Justice of the Common Pleas, then of a peerage as Lord Walsingham.
(HE MASTER OF THE ROLLS DEFYING THE LAW OFFICERS,
Tn 1735 the Marlborongh election eee was, avconliog to the custom, argued at the bur and keenly made a point of by the Court. It wont against the Court in a very odd manner, and without «division. SirJoseph Jekyll, Master of the Rolls, who spoke against the Court: at midnight after a debate of two days, was the occasion of the Court at last giving it up. He started a point of law on which he said the whole tarned, and threw out 0 defiance to uny mun who understood the Inw to contradict him. All the lawyers on the side of the Conrt were mute, upon which Mr. Pelham pressed Sir Robert Wal- pole (who yielded to him) not to stand a division, And as the Attorney and Solicitor General (Willes and Ryder), who did not open their months to contradict the Master of the Rolls that night, declared some days later, on examination of their books, that the Master was wrong in hia point of law, they caused great confusion and many cape and complaints among the Conrt party. Dv We
ly blamed the Attorney and Solicitor General for their ignorance in not being able to auswer the Master on the spot, and for their impradence since they had not done it; then for showing afterwards that they might have done it, and for proving the situation of this case to have been Hke one mentioned in Livy, when he eaid, “There vs not wanting. matter enough for a good answer, but there was nobody ready to give the answer." When the Court party afterwards heard that the law was with them, or at least doubtful, they were outrageous. The Master was then un impracticable old genttevun
600 CURIOSITIES OF LAW AND LAWYERS,
eighty, who, by coustantly professing to have bat the iblie at heart, spoke with more than aayotiar ‘ooh man in the House, “wat
‘TIE TIVAL PREACIERS IX TEMPLE CHURCH.
‘Mr. Travers, of Presbyterian connections, was in 1584 recommended by the beachors to succeed Dr. Alvey as Master of the Temple; but Archbishop Whi this, and had Mr. Richard Hoover (the jodici pointed. Travers, however, continned to be ecornas ee two years along with Hooker, and, being = Calvinist, it tised to be said that the forenoon sermon spoke the
arbitrary and intolerant ere ry, and he was content to accept the provostehip of Trinity College, Dablin, and there be had for one of his pupils Archbishop Usher, who stood his friend for many years, Travers was am admirable orator and one of the most celebrated divines: of the age: but the taint of nonconformity was fatal to bs oF y. Part. of his library was bequeathed to Sion C 4
FIRE IN THR TEMPLE EXTINGUISNED BY BERR.
Luttrell eays that “ One night (Jan: 20th, 1678) a fire broke ombin the peanber of Mr. "Thorabury, in Pomp
dows also in the Inper Temple the Cloisters, and greatest
po Hae Gur Te ry ae Ul he ing froxen tl was great scarcity
idee cx tbe
$ barrels’ of beer to, slop, the di; bok the hist wane |
i i
MORE ABOUT INNS OF COURT. BOL
stopping the fire was by blowing up houses—in doi wide Soe pane Na, (asl pavteaniys tha we Feversham, whose skull was almost broken. But he is now in some hopes of recovery, The dire lasted till the next day at noon: and ‘tis suspected wus began by treachery.”
‘THE Fixe OY THE TREMILE, 1678,
Roger North's account. ia this: “One Sanday night in o hard frost, ut ten o'clock, being in his chambers, _ Roger heard the ery of fire, ond found that it originated by a lump of sea-coal fire falling on the deal boards during the absence of the ocenpier. Soon officers of the Guurds, soldiers, water-carriere and a mob crowded to the spot, ‘the Lord Mayor and sheriff enme af midnight, ‘bnt the Taner Temple gentlemen affronted him by beating down his sword, whereapon he indignantly retired to & tavern and got drunk, ‘The fire burnt ficrcely in Pamp Court, Elm Tree Court, Vine Court, Essex Court, and very nearly reached Middle Temple Hall on one side, and the cloisters and church on the other, and Inner Temple Hall; but by blowing up chambers with powder all round they kept it within bounds. ‘The water froze wa they cartied 1t in buckets from the Thames, and the fire ccased nt 12 noon on Sunday. ‘The mob called out, ‘It's no mutter; the lawyers are rich enough.’ There were many wranglings between the gentlemen who had been burnt out. At last o cunning building contractor named Barbon arranged a scheme of rebuilding, but not on the old lines ; by which he contrived high blocks of flats or chambera, giving each a set of rooms LppREaee to his former valuation.” Roger commuted his ground-floor interest for one up two pairs of stairs directly opposite the entrance to Pamp Court,
THE DANCING DAYS OF THE TRMILE,
In February 1612 the Middle Templo and Lincoln's Inn gave a maeqoe to the King, and their chariots und masquers, torch-bearers and Ne 3, and a dozen little boys dressed as Daboons, and above all their dancing,
602 CURIOSITIES OF LAW AND LAWYERS,
made so great an Inupression that James I. made the tinsters kiss his band on parting, and gave them many
Next. night it eame to Gray's Inn sod the Inner abo ele tara to come with their masquo, whereof Sir F. was the chief oct eS because the former masque came on horseback in open chnriots, they made choice to come by water frome Winchestat Pace, in Southwark, whieh suited well with their deview, wl the warriage of the Thames tothe Rhine; and their By wiles wad Vier gilt By sostots ea store ita, very curiously set and placed, and boats and with devices of light and lamps, three ce, Ome at their taking water, another in the Temple Garden, and the Inst at their as, Me passage by water cost them better than
mon, to any of these si
LITERARY MEN IX THE TEMPLE.
As Blaekatone, when cccopving hi chambers in Beek Court, Temple, was often disturl tumbling sod Ai Goldsmith's cher ser, nome thirty yours Inter, at the boginning of tho 19th ceutury, Forme, the insuperable “Greek” Professor’ Gectpiaal chambers in Essex Court, Temple, while young Gurney afterwards Baroa Garvey) had chambers in the floor
a the rahe abore. ep oaft na i feet stocking», t come home from cnt ba the ae,
|
MORE ABOUT INNS OF COURT, 603
Having thereby extinguished his, candle, he immediately afterwards staggered downstairs to relight it at the staircase lamp. Gurney listened with breathless suspense to this impressive operation, daring which the learned Professor was heart dodging aud poking about with the candle, trying in vain to aim with it at the bull’s- eye, and all the while lnstily cursing in Greek and See tsh kiaohe bungling efforts to catch at least oue of the many lights that were dancing before him.
LINKS WRITTEN IN THE ATTORNEYS’ INN.
On a statue in Clement's Inn, London, a noted hanut of solicitors, consisting of a negro supporting a sun-dial, the following motto was written :—
Tn vain, poor suble ton of w: ‘Thou seek'ot the tender ter
For thee, alns it still must flow, For merey dwells not her.
From eansibuls thon fled'st in vain, Tawyors leas quarter give:
‘tho first won't eat you till you're alain, ‘The last will do't alive,
The property of the Inn was said to change hands in 1884, and the dial and negro group was bought by a solicitor for £20,
(M4 CURIOSITIES OF LAW ASD LAWYEES
CHAPTER VL. (continued).
MORE ABOUT THE CHURCH, BISHOPS AND CLERGY. (Bee ante, 1 728)
A LITTLE MODEL ELIZARETHAS ErsHOr.
Aylmer, afterwards Bis! of London, who died in 1504, was exiled for bis religion under Queen Mary, aod was such s Little man that, when the searchers were clearing the ship, the merchant pot him into © great wine butt that a ition in the middle, so that be sat enclosed in the hinder part while the searchers saw the wine drawn out of the head or other part. He was of an active, busy spirit, quick in his language, apd after bis advancement of @ stont and imperious Deteionrs In his younger days be was inclined to Paritaniem, bot when lie was made a bishop be beeame & resolute champion of the hierarchy and a bitter persecutor of his former friends. In his latter days bo was very covetons, and u little too lax in his morals. He usually played at bowls oa Sundays in the aftcrnooe, and used such langoage st his game as justly exposed hin ebaracter to reproach. He died at Fuldam in bis seventy= fourth year.
‘THE KING ASKING THR RIEWOR'S ADVICE.
James L, who was himself a walking philosopher, and deeply meditating on the theo half-understood what he could not tax the subject without the con mony of calling s parliament, had two bishops to disner— Dr. Andrews, Bishop of Winchester, and Dr Neal, Bishop
ail
MORE ABOUT The cHvKen. 605
of Durham. His Majesty eaid to them, “ My lords, can not I take my subjects’ money when [want it, withont all this formality in parliament?” The Bishop of Durham readily answered, “ God forbid, sir, but you should ; you are the breath ofour nostrils." Upon this the bo. bes to Winchester, and said, “ Well, my Jord, und what say yon?" ©Sir,” replied the latter, “I have no skill to judge of parliamentary cases.” ‘The King retorted, * That won't do, my lord: 1 wish adirect answer on this matter.” “Then, sir,” eaid the Bishop of Winchester, “I think ity Iwwfal for you to take my brother Neal's money, for he offers it.”
HOW A CHAVLADY BKCAMM A LORD CHANCELLOR.
Jobn Williams, who snececded Lord Bacon as Lord Chancellor, was nn indefatigable stndent, and to the day of his death manuged to do with three hours’ sleep, an studied most of the other hours. By no curions freak when a boy, in lenping from the wall of Conway inn high wind, he met with a serious accident by falling against a sharp rock, which mutilated him. But torned ont fortanately, for he was thereby involuntaril; erved from many of the deviations tneldent ta bighsmattled youth, He became chuplain to Lord Chancellor Bgerton, who nsed to tell him of all the chief casea he decided, and explained the principles; aud this was as good sa practisin at the bar. When the old Chancellor got feeble and deat, he told his trusty chaplain that, if he wanted money, he wonld leave a legacy; bnt this offer was grateful declined, owing to the benefits already so largely agi on him ‘by allowing all the church preferments to. be given away by the chaplain. Bat the Chancellor very
indly said to him, “Well, I know you are an expert workman: take these tools to work with; they are the bent Thave,” aud he gaye Williams vome books and papers written all with his own hand. These torned ont to be aa valuable as the Sibylline leaves. They were the old sage’s collections for the well-ordering of the High Conrt of Parliament, the Court. of Chancery; the Star Chamber and Conncil Board—an inestimable gift. These formed the stock-in-trade on which Williams made a creditable
606 CURIOSITIES OF LAW AND LAWYRES,
appearance when it came to his turn, three years after, eo Dean of Westminster, and at the age of thirty-nine, L the high office of Lord Chancellor in secession to the ‘of Nature.” Sir F, Bacon wanted Williams to continne his own chaplain; bnt this being declined, ho was made a country justice of the peace of the qoormm, and be worked his way to the deanery very soon aftor: When be became Chnncellor James I. said be never met & man with so clear and fes-cosching » Imam He eat in Chancery from 6 o.m, to 3 pm., and worked like » slave so as to give satisfaction,
A CHANCELTOR'S COMPLIMENT TO A RISHOP.
In 1802 Mr, Justice Hardinge, on a visit to Watson, Bishop of Llandaff, writes to his mother ; “The Bishop's character, as well as abilities, are incalealable. He is in pride of sspeaty and the indiscretion of his condact, a
child ; but in eloquence and powers of reasoning is almost above bis man. His egotism is insufferable. He gave his nephew two of his sermons, adding, * This is ite best argument ever delivered in acheoce of your faith and mine. I will now read you a letter to me ‘on the subject of my works.’ He read a letter in which the writer tells him that Lord Thurlow said ‘he had been of more service to religion than all the united.’ He has told ns very often ‘that he lad for anything, and the soundest head in the world.’ Yet, with all his high conceit of himself, he is eternally come plaining ‘that all the bishops, all courts, and all peepee st at : cis “ Lon fe, who an of light, who adores him, bat i: more Sone Beet at ake room. fe ane At oe fives xe Sate ae thin smi shade of his character, wi mm & little pomp in his manner, be is a delightfal and most eloquent companion.”
THE BISHOP AND HIS LAWYERS AT DINNER, |
MORE ANOUT MISHRA, ~ 607
“Dissenters, Low Charchmen, and such vermin.” Oxsiiey he invited his lawyers to dinner, 80 98 to have a
night devoted to discussing the chances of his various pending law-suits. Ile was most anxious to have free course for this long talk as carly as possible; and, whon the wine and walnots began, tried to make signs to his wife to retire. These signs and warnings, however, she perversely disregarded, being quite entertained and over pleased with the lawyers’ miscellancons conversation, which wns so novel. At lust fire flashed from under the eyebrows of Henry of Exeter, and his unmistakable restlessness showed that the inevitable moment had come, He then rose np, at the first motion of Mrs. Bishop, and, apringing to the door, bowed her out with overwhelmit stavity, exclaiming, “ What, 80 soon, my love!” He dik in 1869, aged ninety-one,
A CHANCELLOR AND A BISHOP COLLIDING.
Io 1864, when Convocation had been trying its hand at condemning a heretical volume of essays written by clergymen, a proceeding considered by layman as inept and preposteroms, a peer in the Honse of Lords asleed the Government if the law officers were to be consulted us to the legality of that proesetions ‘The prime mover of Convocation was well known to be Wilberforce, the Bishop of Oxford, who was usually called by his contem- poraries “ Sonpy Sama," a nickname which had somehow clung to him all his life. Lord Chancellor Westbury informed. their lordships aud inquirers, that, the Govern- ment had no intention of noticing the judgment of Convocation, because “that judgment was simply a series of well lubricated terms—n sentence so oily and saponaceons that no one conld grasp it—like an eel, it Tipped through your fogers and was simply nothing.” This roused the ire of the Bishop, who retorted warmly, and suggested that, if the noble lord on the woolsack had no respect for himself, he onght to have had sufficient respect for his tribunal not to descend to such ribaldry. Many thought that the Bishop's reply was felicitons, especinlly from the manner and promptitnde of the speaker, who was os marked for ability us the
608 CURIOSITIES OF LAW AND LAWYERS Clancallor himself, and in all respects they were well
On a later day the same law lont (then ex-Chancellor) when a bill of the Bishop was pe whieh to authorise bishops and clergy to resiga from cee wrote to the Bishop that he ‘youl
the Bishop's bill, but he perceived that
Rseaate of the mind. “ Now,”
“ "thie is a difficulty : because, in te first ere i there eoald be no such thing as disease of the mind; and secondly, if there were, I have never yet met # cl oe a tho exception of your lordship, who a mind!”
EMISEST COUNHEL ATTENDING CHUROH.
Law (afterwanls Lord Ellenborough, C.J.) was ane Monday mentioning to bis neighbours’ in the King’s Bench that he had heard a very remarkable sermon preached the day before, Upon this Ardea (fter= wards Master of the Tolls) loftily. hited ih with the remark, “I always go to church when ia the counter.
“Oh, just so,” said Law, “as if there was no in town.’
CURING BISHOPS OF THEIn POLITICS,
In 1831 the Reform Bill was thrown out im the House of Lords by = majority of 41, of whom 21 were bishops. Bishop Blomfield did not vote against the bill; but then, as the preas complained, be did not vote for ‘the Dill, and the nation will ot be werved halves. The parishioners of St. Anne's, Soho, about that time seeing it annoanced that he rato ee church on 23rd October, signified to the rector their intention of walking out of the eharh in a body when the Bishop shoald appear hi in the palpi “ Sach « proof,” said the Times, “of public siete towanis the entine onder is withoot example in m: istory, and is Pye = a whole library of commonts.” Tho Bishop thonght it prodent net to fulfil his a manth later the Bishop advised the other bishops ti
MORE ABOUT THE CHURCH. 609
vote for the second reading; for, if they did not, the Honse would be inundated with new peers, nnd thea they would find it would be all over with the Charch. On the next occasion the second reading was carried in the House of Lords by a raaferity of 9, and at a later stage by a majority of 106 to 22.
SLANDERING A QUERN FROM THE PULPIT.
When Brougham, in 1821, prosecuted one Blacow, a clergyman, for slandering Queen Caroline, he thus ad- dreased the jury: “Gentlemen, the anthor of this scandalous, this infamous libel is a minister of the gospel. The libel is a sermon—the act of publication was preaching it—the place was his charch—the day was the Sabbath—the audience was his flock. Far be it from me to treat lightly that office of which he wears the ontward vestments and which he by his office pro- fanes ! A pions, humble, inoffensive, charitable minister of the gospel of peuce is traly entitled to the tribute of affection and respect which is ever cheerfully bestowed. Bat 1 know no title to our love or our veneration which is possessed by a meddling, intrigning, nnquiet, tnrbulent priest, even when he chooses to separate his sucred office from his profane acta : far leas when he mixes ap both together—when he refrains not from polluting the sanctuary itself with calumny, when he not only invades the sacred circle of domestic life with the weapons of malicions scandal, but enters the hallowed threshold of the temple with the torch of slander in his hand, and casts it Haming on the altar ; poisons with rank calum- nies the air which he especially ia bound to preserve holy and pnre—making the worship of God the means of injuring his eee and defiling by his foul slanders the ears, and by his false doctrines perverting the minds and by his wicked example tainting the lives of the flock committed by Christ to his care!”
AW ASSIA SERMON DRNOUNCING TI METHODISTS.
When Dr, Trapp preached the ussize sermon at Oxford before Justice Fortescue Aland and Baron Thompson, in Ss)
610 CURIOSITIES OF LAW AXD LAWYina
1738, ie broke oat on the Methodist, who. ware, then becoming noted. Whitefiel twenty-four, j Bern preaching ‘to iis Boao wearers 00 Reuntogios Conimon and Moorfields, and 80,000 at Mayfair,
our modern enthusiasts pretending to be the only’ trae telievers on the other; Christianity and Christians by the former, an onr Hstablised Church and elegy by
affections and in the blood and spirits is both and nsefal; but mge ani neither, The Christian may have, and should bave, some warmth even beat Se be aes eis gs Sait = sparkling from the forge, ing fire wherever Hashes.” A brisk pale'at sea is one hing, bot a toe is another. Let xealota be like ing waves of the sea, foaming ont their own shame ; bot let the traly zealous Christian carefully avoid these exorbitances, Tat P aud Protestant enthusiasm, infidelity and atheiem, all leagued against Christianity in general and the Church of Bngland in particular, rage like ies8 ; but let every good Christian know and con-
sider what manner of spirit he is of, which ix not such a manner of spirit as that.”
This sermon was published at the desire of the two judges ; bet, strange to say, as many thonsands na ever nevertheless gathered round the Python Whitefield,
A SCOTCH cInOUIT PRATER,
At the sitting of the Justiclary Court on citenit at Jnverness, in 1843, Lord Cockburn says he heard officiating clergyman open the court with a prayer. After praying for the jadges and the and the witoesses, and the advocate-dopnte
MORE ABOUT THE CHURCH. 611
counsel—on each of whom he invoked a separate bene- diction—he cume to the prisoners, As to them he expressed his hope and belief that they would all come to consider their detection, their conviction, their punish- ment—“ yea, Meir very crimes,” 44 30 many kindnesses of Providence to lead them in the right way ; and that, if they did 0, they might be assnred that “nt Inst they would shine as the drightest gems in the Redeomer's crown,”
THK VILLAGE PASTOR ALLUDING TO A COUNSKL'S SUDDEN Risk.
Gilbert Elliott, the first. baronet of Minto, took to the law and joined in the Revolation against the Stnarts, for which he was sentenced to death and forfeiture, bat escay In the torus of fortune, however, he after wards became President of the Court of Session. He rose so rapidly at the bar, and (in 1705) was so soon raised to the bench, that his contemporaries were caigmniea uiihta carte iecavectihktaae rapidly before him. Even the parish minister, in preaching one day on the subject of thankfulness to for His morcies, conld not conclude a peroration to his masterly sermon without hinting at the sndden rise, os follows: “My friends, be thankfn’ that Sabbath is upon the day that it's on} for, if it hnd been a Tuesday, ye wad hae been at Jeddurt fair; ot if a Tharsday ye wod hae been at Hawick fair, and if « Friday it wad’hae been my leddy’s buckingwayh. My frien’s, be thankfa’ that ye’re no ervon
ieces, for if ye had, ye wad a’ hoe been tossed into
ibbie Elliott’s bonnet.”
A FISHERMAN SWEARING IN CHURCH,
At Menaccan, near the Lizard Point, the vicar was reading one day in the lessons in church about St. Paul's voyage, where it is written, “ Then fearing lest we should have fallen npon the rocks, they cast four anchors ont of the stern.” A fisherman in the congrogation listening eagerly, could not restrain himself at this part of the narrative, and shonfed ont to the astonished hearets +
612 CURIOSITIES OF LAW AND LAWYERS.
“All —all wrogg: pnt about! reapers elapse
1” The very next day the justices fined mariner five abil for swearing under this ontburst prompted by his soperior skill im seamanship,
BXOUSES FOR CLERICAL DAUNKENSRRS,
Dr, Blomfield, who was Bishop of Chester before being translated to London, used to tell a story of one clergyman, whom he bad ed for certain irregular ties of conduct which hail been bronght to hiv notice by
the Cretans were liars, the Cappadocians were linrs, and T cap assure you that the inhabitants of —— are liars too!” Intoxication was the most frequent charge against the clergy. One was sodrauk while waiting fora fuceral ils Naha tata tha grave < acnthier area conveyed away frum « visitation dinner in a belploss state by the Bishop's own servants. A third, when rebuked for drankenneas, lied, “ But, my lord, I never was drank on daty,’ “On daty !” exclaimed ‘the Bishop : “when is. elergy= mann not on duty?” “True,” suid the other, “I never thonght of that.’
JUDGE BLAMED FOR NOT ATTENDING CHURCH. When Jervis, C.J., was dining in company with a Plows Indy, she took occasion to observe that it wae @ pity ree pee a eae ie church on jumdays. e jadge replied, * Well, your noe I always give my coachman » holiday on “o that is the only day he says he bas in which he ean get drank. J am rather strict, and cannot spare him on any other day.”
PRAYING YOR COUNSEL WILK IX PRISON, When O'Comnell was found guilty and 1844, after » state trial, the Irish Catholic bishd their general meeting composed the following
MORE ABOUT THE CHURCH, 613
“© Almighty and Eternal God, King of kings and Sopreme Lani of all earthly powers, be to look down with compassion upon dese of this country, and mercifully pot an end to sufferings. Give them patience to endure their great privations, and fill their rulers with the apirit of troth, humanity, and justice. Unite all classes in « persevering love of country, cordial allegiance to our beloved sovereign, and charity towards each other, Direct our legislators to enact Jaws founded npon Thy holy commandments, and make Ireland pros- perous, contented, and happy. And as Thy servant, Daniel O'Connell, who has Inbonred with so much zeal and perseverance to promote these sacred objects, is now detained in captivity, give him grace to bear his trials with resignation, and fthy mercy vouchsafe to restore him to liberty for the guidance and protection of 'Thy people, through oar Lord and Saviour Jesus Christ. Amen.”
A SCOTCH JUDGE CUTTING AN EMINENT DIVINE.
When Dr, Guthrie, the eminent preacher, settled in Edinburgh, Lord Medwyn, one of the Scotch judges, being connected with the parish, acted in a most friendly manner. But when the Disruption time of the Churel of Scotland arrived, and the Court of Session prohibited ministers from preaching in highways and waste places within certain parishes of Strathbogie, some leading champions of the Free Church of Scotland openly dis« obeyed and preached notwithstanding. Dr. Guthrie being one of these, the wrath of the old judge flared up at the inconecivuble audacity of these rebel priests secking to bring the Civil Court into contempt, and he repented having ever conntenanced one of such vipers, and not the least of them. In due course the judge cut the divine dead in the street three times, wherenpon the latter cheerfully resigned himself to his fate and renounced all farther overtures of obeisance. Soon afterwarda, however, the judges housekeeper, who was a devoted follower of the eloquent: preacher, had occasion to be most kindly treated by her pastor, and probably through this channel the worthy judge was mollified, and began to think there
614 CURIOSITIES OF LAW AND LAWYERS.
must be some good even in rebels. He actually called on the Doctor, and said, “Mr. Guthrie, before I ask how you are, let me say how sorry I am that I ever wrote you that letter. I have heard from my housekeeper of the manner in which you received her, and spoke of me, and I have hastencd over here to acknowledge my error and tender this apology.”
615
CHAPTER VII. (continued).
MORE ABOUT THE SOVEREIGN, GOVERN- MENT, PARLIAMENT, AND PUBLIC RIGHTS.
(See ante, p UL) AS ENGLISM SOVERRIGN YORFEITING THE CROWS,
Mr. Brongham, in defending Queen Caroline against the bill of divoree promoted by the Government, kept in hand a possible ground of recrimination, and w ‘ure resource which be thought could not have failed, even if the bill had actually passed the House of Lords, This was understood by the audience to mean only recrimination in the ordinary sense, but he says that he really meant by it that he would have done neither more nor less than have impeached the King’s own title by proving that he had forfeited the crown. He had married Mrs, Vitzherbert, a Roman Catholic, while heir apparent, and this is declared by the Act of Settlement to be ‘a forfeiture of the crown, “as if he were naturally dead.” He had sufficient evidence at command, for her tele was then alive, and had been prosent at the marriage, Mra. Herbert also held a will of the prince in her favour, signed with his own hand, in which he called her his dear wife. Brougham suid, “It is very remarkable that 80 important un enactment as one aflixing the penslty of the crown’s forfeiture should be framed in so clumsy and careless a manner. No meaus of carrying it into eflect are provided ; no declaration of the powers by whom the fact is to be ascertained is made, or by what authority the subject is to be absolved from his allegiance, transferred from one to another. It ia probable that, if the cirenmstance occurred, the two Houses of Parliament
616 «= CUMOKITIES OF LAW AND LAWYERS,
would from the necessity of the ease be interpose, as in the two precedents of 17! is
the act may be void, it may well be thoagh nay i, yet y AS ENGLISH QUEEN CLAIMING TO BE CROWNED, and the case armed belora Lost Harnow by oi Ereaaea 0 Lord Chancellor, the Chief Justices, Chi
was = LP ich jul mbers. and ‘and #0 es we were mi Denman a the Attomey General ond) and n H
i a 3 7
rom had no right to be crowned, and thus it was left to
f z £ 1 H I sf
what had taken place the year before, for there was
i Ht i HE i i
i F es i af ee
ey He
that “the rule in the Queen's case” has been a topic of ridicule in the profession.
‘A QUEEN CONSORT MAKING AN APYIDAYIT,
After Queen Caroline in 1820 wont to St. return thanks for her deliverance from the in the Divoree Bill, which the Government wit
MORE ANOUT THE SOVEREIGN, 617
olers of the Chareh of England made a gross attack on the Queen, calling aera mere goddess of lust,
the charges, but upon precedents being searched, it was found that a queen consort makes no such affidavit, but has the prerogative of moving by her Attorney General, and hence no affidavit could be received,
AN ASETRING COUNSEL AS ADVISER OF A QUEEN.
Tn 1620, when Lord Liverpool's Cabinet were most auxious to prevent Queen Caroline coming from Italy to England to claim her rights, aud Henry Brougham unertaker: to advise her against it, Lord Hutchinson was sent as a friend of the Cabinet. and of the King, and with Bronghum’s consent, to witness und report on the first meeting between the Queen and her Attorncy General, That lord gave this account of it: “Iam now to observe, that in the whole of this negotiation Mr. Brougham, as far as my j ent enables me to go, docs not appear to have possessed the smallest degree of power, weight or authority over the mind of the Queen. He exaggerated to himself, and consequently to others, the influence which, I dare say, he thonght he possessed over her, To speak to you in confidence, I think that her violence and deter- mination subdoed him ; and that he failed in making the slightest impression upon her. He may be, and I dare say has been, most sincere ; but as for influence, if it did ever exist, there certainly was no appearance of it on the present occasion, 1 do not know who her counsellors were: I believe she took counsel from her own rashness, Bsn and obstinacy alone. She appears to me to
be a woman of most decided and determined character.”
‘The result was, that Her Majesty insisted on coming to Mngland. The Bill of Pains and Penalties against her followed ; und the nspiring counsel had the opportunity of making his Sotetaale speech in her defence, the per oration of which was re-written seventeen times (see ante, p- 118),
618 CURIOSITIES OF LAW AND LAWYERS
A KiNa’s COMMON SENSE AGAINST THe LAWYER.
‘The difficulty of relying solely on one’s common sense in deciding points of law was displayed when John Arnold, « miller in Saxony, found his mill stopped by his landlord heviog cut a trench, which diverted all the water
then petitioned Vesdersek the Great, who was well known to have an antipathy to lawyers. The King read the case with great interest, and in 1779 sent for the Chancellor, jodges of appeal and coansellors, told them they had come toa most cro and inhumas decision in Arnold's case, and asked them if these were the kind of laws they
enforeed, and what they meant by such conduct. They profeesed that they decided the case rightly, for thi miller bad express! a lease which gave power to.
the landlord to realy is fihponds with water part of the stream, and, as he had signed this deed with Kis eyes open, be could not complain. Bat the King told them it was absard and inhuman, and be dismissed all the jndges, and ordered them to be imprisoned,
had paid to Arnold damages for his loss of trade and of time, and his bill of costs. And the landlord was also ordered to return all the reat paid since the water was abstmeted. This sentence of the king was reversed after his death.
On another cecasion, the same King being abont tor enlarge his gunten at Sans Souci, found a enill existing, which prevented all eeoreae nt, He said tothe miller, * Don't you know that I may, if I please, seize your mill, and pot pay you a farthing?" “Aye,” replied the miller, “ 20 Stents might, if there were no Si Conrt at Berlin! King saw the foree of this hint, madh withilrew hix ish of confisenting the mill.
JEDORS DIVIDED AS TO THE KING'S BUSINESS
In the time of Louis XTV. a difficult to the rights of the Crown. A number had at different times encroached on tne onal ‘domain of tae sae a
id
MORE AHOUY THE SOVEREIGN. 619
Crown, aud had obtained leave of the City anthorities at the Hotel de i to fill ey per Meier houses close to the fortifications.
existed and increased; and at last the bey rete prevent the Statute of Limitations from foreclosing all remedy, took peceeatnee by ejectinent to recover Neer sion for the Crown, The case was argued lo
on both sides, The jndgex were equally divided
fell to the King to determine the next step. “Tsee very well that if 1 ripen procecdings, several other votes would have been given against my claim. 1 therefore give my voice aguinst the further proceeding.”
AN ADROL ARBITRATOR [EY A COWS CASE.
When Louis XIV. was at play with some courtiers, « dispute arose in regard to one of the tarns of the game. The King was eager, and his opponent seemed resolute to resist ; and the rest of the Court stood round main- taining a dignified neutrality, and none venturing a remark, At that moment Conut de Grammont was seen entering the apartment, whereon the King ealled oat— “Come hither, Grammont, and decide this dispute be- tween us.” “Your Majesty is in the wrong,” make He Count, the moment he approached. How can you say 1 am in the wrong !” cried the King, “when you have not heard what is the point in dispute?" * Why, sin said Grommont, if the point had been doubtful, ni these gentlemen, who are standing round silent, roa have decided in your favour Jong ago.”
‘THE KING'S OPINION OF A CONSCIENTIOUS LAW Orrionn.
When George TIL was busy preserving, the empire,” during his insane persecution of the Colouists, he wrote to the Prime Minister, Lord North, in 1778, as follows, ubout a law officer who omitted to speak and defend the indefensible: “The more I think of the conduct of the Advooute of Scotland jean the more I um Reece as him. More ave been heaped on the
oulders of that man than ever were bestowed on any
620 CURIOSITIES OF LAW ASD LAWYERS,
HOW To BECOME A TERE OF THK REALM. =|
Mr. Grenville one day asked his Lord Glaston~ os ciples propeer peda made a peer, | for be could scarcely think be ever cared moch fore tithe,
He answered, “ God-m-mercy, I'll tell you. I never
‘THE KING SITING A JUDGE BY WEFUHING A PARDON,
Mr. Justice Willes, in 1749, tried a young man, named Paal Wells st the Oxford ansioes for of « bond, |
apres 2 4
and the strongly recommended the y
The King, oe {o all ee Sa GG
4 le!
frend ‘and "fs Watts Senos takke ‘George IL. CNepryyermer The poor prisoner ly execated at O:
‘THE SPRAKER WHO HAD EYRE TO SRR.
William Lenthall had attained eminence a4 = when he was elected 8) ply He had a cousin, Sir Jono Lenthall, who
MORE AROUT PARLIAMENT: 621
Marehal of the King's Bench prison, aud the prizonera had this pithy saying about the two: “The lawyers rale committees; the Speaker rales the lawyers; Sir John Leuthall rules the Speaker; Thomas Dudsoo rules Sir John, and the devil rales Dadson.” Bat all the acts of the Speaker sink into insignificance before the felicitous and immortal Gad Bote he made to Charles I,, who entered the House to arrest the five members, nnd asked the Speaker if he saw the members before him, and to point them out. The Speaker answered,
= it pour 1 havo nelther ‘to see nor Loc eee pe
Wl am hore, ‘8 Beso fine Cannot Sm ang bibles manera exw gee lajeaty ix pleased to of me.”
This celebrated reply may excuse the somewhat trimming conduct of the Speaker in the subsequent troubles of the time. Bnt at the end he well com- pounded for all his little faults hy strictly enjoining his executors to bary him privately in the parish church, without any monument or name whatever on the tomb- stone, eat the simple words “ Vermis sum”—“ only a worm
WITH ALL DUE RESPECT TO MR, SPEAKER,
The extraordinary respect so willingly paid to the Speaker of the House of Commons, both inside and out~ side the Honse, is the growth of centuries, and has been maintained by » succession of most able men. None ever surpassed Sit Edward Seymour, who was elected Speaker in 1672, in claiming the rights due to his office to the uttermost farthing. He was the hend of the house of Seymour, and was considered by his contemporaries the hanghtiest and most exacting of men. One day his carriage broke down at Charing Crosa, and he ordered his bendles to stop the first gentleman’s carriage that passed and bring it to him. The owner was ante surprised wt being turned ont of his own coach, but, withont any apology tendered, wns told that it was more proper for hin to walk in the streets than the Speaker of the House of Commons. Once also, in passing throngh
q
622 CORTORETIRS OF LAW AND LAWYRER.
Berjant Pembrten, the reson pen being, tht be jeant reason given
poid him no respect. When the King was on the throne in the Honse of Peers, Teady to Hiament, and sent o his faithfn] Commons to attend him, the to stir till s bill of supply had been returned from the | other Honse necording to precedent; and thoogh warned that the King was waiting, declared that he would be SoU Se eee ee than quit the chair, One perros on re wee Spree ghas'f members were at and al wing: the § returned
hold, by sending her Majesty a message that be SiR Mla stadh by. bho. pomzbon carries
MK. SPEAKER'S JEALOUSY OF THE BLACK BOD.
Sir Richard Onslow was chosen, in 1708, Speaker of the Howse of Commons; and wheo he went up to the Howse of Lords to demand j nt
ag the mace was going before the 8
of Lords, the Black Hod endeavoured to —
Hh The Black Roi desired him to stay a little, and he would uaint the Lords. The door was shut, and Mr. and the House stood without. After a little time the door was opened, and Mr. Speaker with the mace
in. As Mr. Speaker wus to the bar the Black E attempted peel bisel? between the [ the mace, upon which Mr. §| raid , lords. if yon do not im order your
to go sway, I will immodiately retar to the Commons.” The Lord Chancellor pi
Black Rod to go from thence. Then Mr. Speaker,
MORE ABOUT PARITAMENT, 623
the mace, went up to the bar. ‘The Black Rod was thew ordered to bring the prisoner, and the Black Rod was golng to put ‘Mua on the right haud of Mr. Speaker, who upon that said, “If don't order the Black Rod to go with the prisoner on the left hand of me at some distance, I will return to the House of Commons.” Upon whieh the Lord Chancellor ordered the Black Rod to do so; and then Mr. Speaker demanded Pe emai and the Lord Chancellor acoordingly prononneed sentence upon the prisoner kneeling at the bar.
MN. SPEAKER HUMBLY SUGGESTING TO QUERY ANNE TO MARNY,
At the death of the Prince George of Denmark the Speaker of the House of Commons, Sir Richard Onslow, thus delicately submitted a point to Queen Anne; “ Being truly and deeply sensible of the many and great bleasin; we have enjoyed during the whole course of your Majesty's most, vate reign, we do most humbly conceive we should be inexcnsably wanting to onrselyes and the whole kingdom if we should neglect to nse onr most zealous endeavours that those blessings may be derived down to future ages ; and therefore, with hearts full of the most profound respect and duty to your royal person, we most humbly beseech your Majesty graciously to cous sider the universal desires and most humble snpplications of your faithful sabjects, that your Majesty would not so far indulge your just pe aa to decline the eh ee of a second marriage. This would be au uuspeakuble joy to your people, who would join their most fervent prayers to Almighty God to bless your Majesty with royal issue; all of them concurring in this opinion, that no greater happiness can be desired for your kingdom than that they and their children may long continue ander the gentle and gracions government of your Majesty and your posterity.”
To this kind advice the Queen, then in her ale yeur, judiciously answered, * The subject of your address i of such a natore that I am persuaded yon do not expect a particular auswer.”
624 COURIORITIEG OF LAW AXD LAWYER
‘TRE KING'S APPROVAL OF A SPRAKER.
In 1678 the Parliament met, and important basiness was in view, but there was 4 dispute as to the choice of a
es The King end Chancellor Fineh hat the Parliament, and directed the Commons to
am come hither for ro Majesty's ay Naver, a will pl to grant, I the best service I can.” The Chancellor being taken "
1800, and 1820—no nniform coarse was Ministern had to decide whether the Pri Cabinet should conduct the examination, that it should be the Cabinet only.
MORE ANOUT THR SOVEREIGS 625
ROYAL CLEMENCY WROM THE SOVERELON'S POINT OF VIEW,
James, Duke of York, had a great curiosity to see Milton, who had been so much mixed ap with Cromwell and the Republican doctrines. He managed one day to call privately, and introduced himself, and they some conversation, The Ducal goose observed to the old mun, whether it never occurred to him that the loss of eyesight wna o judgment inflicted on him for writing uguinst his lute sacred majesty, The memorable answer was: “If your highness thinks that calamities which happen tous are the visitations of Providence for our sine) you should recollect that your own father lost his
The poor Duke seems to have taken little by his motion, and he soon after urged on the King that he was
reatly to blame for not having that old rogue Milton nged. “Odds fish! in what condition did you find Milton?” nsked the King. “Oh, condition ! why, he is very old and poor.” Old and poor! well, and ia he not blind too?” “ Yes, blind as a beetle.” “Odds fish!" then says the King; “ you are a fool, James, to want him honged, for that woald be to put him out of all his miseries : a0, no, let him live, for if he is old, poor, and bliod, he has punishment enough in all con-
science 1”
THE LOND MAYOR FEASTING TIM JOLLY KING.
Charles II, occasionally dined ia the City, and he did so when Sir Robert Viner was Lord Mayor. Sir Robert was duly elated at the thought of being so closel; associnted with rorulty, ond wr tonsting all the ro: = family, grew jovial aud talked freely, so that Charles felt uncomfortable, und adroitly stole off at an carly hour and made for his conch, which stood rendy in Guililball yard. The mayor, however, was on the alert, and at once pursned the guest, sod seizing him by the hand, exelaimed with an oath, and with exuberant loyalty, * Sir, you shall stay and take Vother bottle.” The good-natured King,
aS)
king with Kindoees over his slomider at bie tormentor, the line of the eld song >—
He thet be Arule fa to great aa s king,” ood immediatey turned beck und cracked another bettie.
Bow TO OkT KID OF AW UNFOFULAR Tax.
The King of Po ing of a i 7, bad plore laser ta hs potion ons statins
Mowe, © {o the great wunt of sewers in Lisbon heefipre the janke of 1765,0 trade had sprang up for Wlnok woanen slaves to yo the city with large pla fed cottent the contents of the heaps of filth he sloors af hows, there ‘no water-elosets, women thos exrned a good of mouey for their five master; aod the King, seizing on this as
Eat of this mew tax, the black womea assembled: gether ail resolved to pay the tax in kind, as eonsidorad it their right to do sa Each enrried her
pot of Ah, to the palace door, ‘and saceie on a Twowipt, dant the eanosity of the passers 8 great or bl of it, The sentries were pasaledl, and sent to their superiors for
while the mirth aud riotons temlencies of the crowd hat wand Mirioas, Sha nes ehaaeee f w
MONE ADOUT THE SOTEREIGN. 627
bar of the House of Commons he told Speaker Lenthall that he refused to kneel, as they were no better than o den of thieves, and he would not bow in the House of Rimmon, lest the Lord should not pardon him in such a thivg, He resisted all their threats. The historian Echard says that. Jenkin’ life was often threatened, which ho Was always prepared to lose with a Bible under ‘one arm and Magna Gharta under the other. Tt was said he spent his latter days in writing « book called “ Len Terra confoted.” Hia life was spared, notwithstandin; his obstinacy ; aud he survived the Restoration, and di in 1663 nt the age of eighty.
‘THE KING NULLYING A JUDGR.
When Justice Yates was a member of the Court of King’s Bench, in the time of Lord Manafield, and was suspected of standing up for the popular side in some trial involving rights of the Crown, the Prime Minister was told to sound him and put him in the right course. But that jndge having resisted all overtures of the Premier, George ILI, was foolish enough to write the judge a letter, The judge returned to the King the letter mnopened. This was stated by Alderman Townsend in Parliament, and it was not contradicted and was believed at the time,
AN EMINENT COUNSRL AT A POLITICAL GATHERING.
When Dr. Somerville and a deputation of Scotch divines went to London, in 1791, to present a petition for the repeal of the Test Act, they canvassed the leadin Liberal statesmen, and one night had a confldenti meeting of their’ Parliamentary supporters at Lord Malmesbury’s house. During the meeting, C. J. Fox was very attentive, but his fingors were at the same time inecssantly in motion, catching the drops that fell from the wax candles and turning and forming them into little pellets. Mr. Erskine once and again rose from his seat, mentioning the burden of business that was on his hands, and the necessity he was under of leaving the company, naming the namber of brief’ on which he must ba yro-
638 ‘CURIOSITIES OF LAW ASD LAWYERS,
— loase 120 to 62, and the repeal of the Test Act was not Ucted till 122s,
HOW TO EOS A KING WITH PROFOUND RESPECT.
r twit! tol was he King, but with great od told bins iw distress, und wax compelled to ask him for his monoy, his watch, and the buckles on his shoss, ‘The King gave him st ie bck al te ine ting ith rnd ee of his the time act
Whea ke had got everythin sthe King Ti that sone was a seal on the wateh-chain of little or no valae, bat which le wished to have back, and requested be would take it of the chain and restore it, The man said, * Your Majesty must be aware that we have already been here rome time, and that it is not safe for me to stay longer; ee eee thing of what has passed for twenty-foer honrm, I place the sen! nt the same bour to-morrow ‘on that: stone "—pointing to a particolar place. The King gave his ps to the man; ext morning he
browght the seal, and then jamped over the
went off, All that a erwards was that the King never again walked alove in Kensington
‘THe Kovo’s SPITE AGALXHT SOME COUNHEL.
Tho fend arising out of the defence of Queen Caroline lind the following effet: Mr. Brougham, at the Qoeedis
MORE AHOCT THE SOTERRION. 629
death, lost his precedence as the Queen's Attorney General, and Lord Hidon did not venture to continne his silk gown for fear of Vedra George IV, Brougham was thus constrained to lead canses for six years without having along with him the eleven or twelve members of the Northern Circuit, who were his seniors. The result was, that all of them, except Serjeant Hallock and Williams, were thrown out of business, in order to gratify the spite of the King, and save his chancellor the ten minutes’ annoyance of thwarting hie royal euprice. The same reason operated against giving Mr. Williams his rank, for he too had been one of her aes counsel, Neither Brougham nor Denman nor Williams was promoted at all till 1827, when Mr. Brougham was, with much difficalty, prevailed on by Lord Chancellor Lyndhurst to take silk, and Mr. Williams was also then promoted, It was not till 1828 that the King’s dislike of Mr. Denman conld be overcome,
COURTIERS’ LAW ABOUT PROMOTION IN THE GUANDE.
was relic marched into the palace yard, and at 10.48 the Prince of Wales was born, ‘The question raised was, which officer was entitled to the promotion. The officer of the fresh gnard claimed it because tho relief marched in before the birth, ard the keys were delivered over to him. But the other officer claimed it because the sentries had not been changed when the child was actually born; his men were still on guard, and he disputed the fhot of the delivery of the keys, arguing that in all probability this bad not occnrred at the moment of the birth. “The case wos referred to the decision of Lord Hill.
A singular case involved civie honours at Chester. The Prince of Wales being Earl of Chester by birth, the Mayor of Chester claimed a baronetcy. ‘The old mayor went out and the new mayor came into office the sume day and aboot the same hour, and the donbt. raised
630 CURIOSITIES OF LAW AND LAWY SRS,
was as to which fanetionary was entitled to the hononr. The ¢ was a Whig banker, and the new mayor a Tory linendraper.
A COURTIER'S FROMISK TO KEMEMERR CAEAR.
When the Earl of Portland was Lont Treasorer, in 1634» the appointment of one of the six clerks in Chancery became a8 Be cele Cee a ee very mpch desired it to be given to his son Robert.
however, too late in apelying; but the inn sare
fally promised him the mee vacancy. It was, how= ever, a sscopd time forgotten ; and Lord Pullibandine, whs was Cwear’s friemd, pressed the Lond Treasurer to make & written memoraniam, so na to be sure of the next vacancy. So the great statesman wrote om & = of
* 7a Bameraber Crrar”; but this, in turn, became Tees doa soon fell cat o€ sight ‘and ‘out Of ‘rales erase tee great = oy pee pho
m, and came w is
ree rbe could os for he Eke sekenioe: obese ea written, or why. He summoned his friends to consult, and they ull agreed it must be the extch-wor! for some diabolical plot to assassinate him and uptara the cometi- totion. He became more and more yee, and gave orders to barreade his house and doable the namber of
Pe saEE ae After much tronble he at last got entry,
Fi aa ial the eee ee ee him
ie slip of ar, “ Rememl ~” Fortonately
the feck oan reealled to the courtier's treacherogs:
momory, and in the nick of time Cesar was at last re-
membered and maile perfeetly happy, aud the ha dismantled.
Conqueror, (See wnte, p. 537.)
CITING A KING BEFORE THE DIVINE TRIBUNAL. | Sophia Dorothea, wife of 1, in her early years of welded lite, war bitte giving peste: S
al
+
MORE_ADOUT PARLIAMRNT. 631
the handsome Count Coningsmark, and this roused the jealousy of the Elector, who took care to have the Count wsvussinated and buried under the floor of his wife's dreasin, 1. She herself was kept a prisoner in the castle of Alden, in Zell, for thirty-two years, aid till her death. Most people thoaght she was innocent, and had been scandalously treated; and amongat these was her son the prince, afterwards George Ll. She was a pions woman, and constantly asserted her innocence. she had survived seven months longer she would = have been recognised as Queen. She died in 1726, sixty-one; and shortly before her death she addressed a letter to George I., reproaching him for his inhnman con duct to her, asserting her innocence, and concluding by solemly citing him to sppeat ‘on a certain day before the Divine tribunal. This letter was delivered to him when he paid the next visit to Hanover. He was said to be awestruck by the contents, and had the look of one who had received his death warrant. Having eaten heartily of sturgeon, he was scized with » violent fit of indigestion, then with fever. He would not ae on the road, but passed on to Osnaburg, where he was taken out of his carriage in u parulytic stupor, and died next day, at the age of sixty-eight. He had been previously warned by a French prophetess that he would uot survive his wife more than a twelvemonth, aod he died within seven monthe. He had a presentiment, before leaving England the last time, that he wor soon meet bis fate. Contrary to all law, he had burnt his wife's will, and so cheated his son out of part of his inheritance. He had promised to visit the Duchess of Kendal after death; and ovce @ black raven flew into her window, which she to her dying day believed was the sonl of her departed swain, and of conrse it was treated respectfully.
‘THE TRUK WISTORY OF THE LAW LIVE PEERAGES,
Greville says, in 1857 he asked Lord Chancellor Cronworth what was the real history of the recent life poerago proposal; “and he told me that it originated in his finding great inconvenience from himself and Lord St. Leonards froquently sitting together in the appeals
632 CURIOSITIES OF LAW AND LAWYERS.
to the Hoose of Lords without any third tonl; and ax St, Lemnanks invariably opposed his view of every ens em acters
Imerston giving assistance. Palmeroion said i ould bs tonity for making some life peers. Weosle, willing to one, ani it was determined hima peer for life only; and they did this slightest idea that any objection would be
He owned that he regretted this desiga hh
c PeSgLEE i aE
mortal hours, The only memorable incident in these interminable speeches ocearred when he called attention to the prevalence of blasphemy and sedition among the popniation. He mentioned to them, with holy horror, that “these miscreants, to show their contempt for revela- tion, had recently actually roasted the Bible, and not contented with that, they had daated it 1”
IMPRESSIVE TRIAL OF A TERR DMPRACRED.
Theodore Hook in his rollicking days was standing with « friend waiting till the trial of Lord Melville on impeachment should begin, and the peers began to come in, when a country-looking Indy with some bearding- school girls behind her, towched bis arm, and said, * Pray, sir, who are those gentlemen in rod now coming in? ee ma'an,” said Theodore, Mare the Barve of
land ; in these casos r peers always come first.” “Thank yon, sir, rena obliged ;” and (tarning
4
‘MORE ABOUT GOYERKMEST. 633
ronnd) she asid, “ Louisa, my bai he tell Jane (10) those are the Barons of England, and the janiors—that’s the youngest, you know—always go first, Tell her to remember that when we get home.” “ Dear me, mat” said Lonisa, “can that gentleman be one of the youngest? 1 am sure he looks very old.” Theodore thought this was a fine chance fora little fun. ‘The Indy gain said, * And pray, sir, whnt gentlemen are those ?” pointing to the bisho) their scarlet and Inwn sleeves. “ Gentle men, ma'am !" said Hook, —* those are not gentlemen, those are ludies, elderly Indies, the dowuger peeresses in their own right!" The lady looked halt incredalons, bat turned round and whispered, “Loniza dear, the gentleman says that these are ae Jadies, the dowager pecresses in their own right: tell Jane not to forget feet “ Pray, sir,” ae ie asked, Soin sheer looking person opposite?” pointing to the or in rich ecbroidered robes. That, madara,” said Hook gravely, “is Cardinal Wolsey!” She looked disdain- fully after a short pause. ‘No, sir, we know a little better than th: Cardinal Wolsey mnst be dead man
No such thing, my dear madam ; i asstire you it’s only these rascally newspapers that have xo reported ; they will say anything,” The Indy, how- ever, would not be comforted, and walked off gasping like a dying carp.
HOW 10 DISPENSE A MOR OF RIOTERS,
Sir Charles Lyell said he remembered when Tord Melbourne wus considering the best way of dispersin ‘a mob, which they were anticipating, Sydney Smit! recommended him to get John Austin to go und reud them a chapter ont of his “ Jurisprodence,” then just published, and which vome people professed to extol overmuch.
HOW TO KEEP A CABINET Sxolum.
Aulus Gellins says that once a Roman senator took his boy Papyrins with him to a meeting of the Senate,
not to ige what the was. This excited mother’s ry, and she so im) ‘bin that the boy at last said, “The question was, whether
at the law onght to allow a hnsband to have two wives, ora wife to have two husbands.” The mother, on hearing this, went out and told all the other women about it; and the excitement grew to such a pitch, that crowds of women collected next day and entreated the assembly, with tears in their eyes, to ordain that it should woman that shoukd be allowed two hosbands. The Senate were eurprised at all this racket and ngitatéh and demanded an explanation, when young had to inform them that it was merely a devico of bis own to rid_of his mother's curiosity. The Semste horse the boy, and gave orders that he should be
only boy admitted to their assemblies in fature ; and this was the origin of the word “ prmotextatus.”
HOW TO MAKE OSE LOYAL TO KING GEORGE,
At the assizes for Sussex, in 1714, aman wns convicted of haying drunk to the health of King James IIL, reins that he knew mo such persoa as King George.
him a bundred pounds,” said Justice Powys, “ and told him that by his paying o hundred pounds to King George he would certainly know there was such a person.”
A YOUNG LADY SOLICITING AN AProneramNT.
When Henry Dondas was Pitt's right-hand man, Treasurer of the Nuvy, and “King of Scotland,” be was riding one day in the Highlands, and called on a friend. A young Indy in the house, after some talk, requested to " to him alone. “Mr. Dundas,” she said, “I hear that yoo are a very great man, and what is much better, ® good man: I sill vase thenstre boise tame a secret. There is a young man near here who bas formed
MOBE ABOUT GOVERNMENT. 635
a strong attachment to me, and Ito him. He is s0 anxions to get 8 situation in India, as a doctor, as he says he will then marry me.” She paused for a reply. The states- man of course took her by the hand, and said, “My good girl, rest assured that I shall not forget your request when an opportunity offers.” The opportunity soon of course offered, when a director of the East India Company oue day told him there was a vacancy among the sur- geons, and it must be filled up. The young lady was soon gratified, and the young doctor also; and she and he lived happily ever after.
636 CURIOSITIES OF LAW AXD LAWYENS,
CHAPTER VIII. (continued).
MORE ABOUT PUNISHMENTS, PRISONERS, AND JUSTICES OF THE PEACE.
(Bee ante, 2) JUDOR'S FIGOROUS SENTENCK ON A PETTY THIEF.
Toni Kenyon, haying sentenced a dishonest butler for stealing his master's wine, thus addressed tho prisoner : “Prisoner at the bar, you stand convicted on the most conclusive evidence of s crime of inexpressiblo atrocity— a crime that defiles the sacred springs of domestic confidence, and ix calenlated to etsike alarm into the breast. of every Englishman who invests largely in the choicer vintages of southern Europe. Like the serpent of old, you have stung the band of your protector, Fortunate in having » generous employer, you. migl without dishonesty have continued to supply your wretched wife and children with the comforts of snf ficient prosperity, snd even with some of the Ioxuries of aflloence ; bat, dead to every claim of natural affection and blind to your own real intervet, you barst thi all the restraints of religion and morality, and bave for many years been feathering your nest with your master's botties.”
JUDGH OVERCOME WITH A PRIBONKR'S APPRAL.
A brother of Chief Baron Pollock, then clerk to a solicitor, used to relate the following incident, whieh he witnessed at the Winchester assizes, eee Sooper hod been oy es by another officer to fight o duel, and had killed bis antagonist and wae indicted for
MORE ANOUT YUNISUMENTS, 637
murder. At that time it was deemed dishononrable, especially for an officer, not to fight; and the pes, had been led to think he would either be acquitted or found ely only of manslanghter, Justice Dampier charged the jury, who found the prisoner guilty of murder, At "this unexpected result the prisoner fell down in a fit. On recovering, pang, a pate soldier, he apologised to the court, and then addross the jue, relating that his only interest was to leave « soldier's name unstained to his wife and family, and that the roles of the service compelled him to fight or bo utterly rained, he being entirely blameless through. ont. The jadge, to the astonishment of every spectator, though every eye iu court and also his wore bl with tears, pronounced the eapital sentence, at which the prixoner exeluimed, “And for this I am to be led to execution like the vilest felon and murderer!” The
At that time it was a role never to execute a prixonor if the judge expressed disapproval. The judge remained firm, and after some correspondence the prisoner received a pardon.
PRIGONER'S LAST INTERVIEW WITH HI8 MOTHER.
Frederick I. of Pruseia used to tell this story, which he heard in his youth. There was a man at Carthage who had been condemned to death for many crimes he had committed. While they were leading him to execution he desired that he might speak to his mother. They brought his mother ; he caume near, as if to whisper something to her; and he bit off a picco of her car, “I treat you thus,” said he, “to make you an example to all parents who take no heed to bring up their children in the pructice of virtue.”
A CONDEMNED PRISONER'S LAST SUrrHn.
In 1763, Gilley Williams wrote to hia friend sore Selwyn that a friend of theirs called at Newgate the
HE 8
2s Sid SE replete tomorrow.” “That is trae,”
other; * bat the and yoa know the tr bl of a follow for batter!” pe, a
In 1722, when ing was the panishment for way robbery,ooe vy and auother man pepe of stripping the clothes j
i Hf ee i
2 Ba q u t
ing original device. He six to go dressed in white to James's \ Pregent petition in his. behalf, | The
EEPES tf if aS re \ H
FEISONER STEALING BANK NOTES.
It is recorded that in 1701, when an old merchant in Glasgow was scen connting his monty near an window, aod was intent on that delightful and having great many coins and notes ‘ont on the table before him, a dexterous thief, who had watebod with disgust this process, succeeded in fi a long stick like a fishing rod, having a little bird-lime oo the end of it. To the ir of the old heman, he snddenly noticed two of his best notes whi off at the end of the stick and dis ing out of the window, And before he could gird xp his loins for the pursuit, bis
MORE ABOUT PUNISHMENTS, 639
ile invader had long disappeared from view, leavin 206 a. craca Tebitd tine ae J
AN IRIBH PRISONER'S DEFENCE FOR ASSAULT.
When a dranken Irishwoman in 1768 was, with other politicians, bawling ont “ Wilkes and Liberty,” she was arrested by the constable of St. Bride's, Fleet Street; and while resisting she manfully defended herself with her fists and a stick. She was charged before the magistrates with an assault, and when called on for her defence, spoke as follows: * May it please your Worships’ Honours, I was going home right quietly with nobody with me but myself; and jost as I was singing out praises for the © eratare* Wilkes, that black whoreson dog took the Mberty to take me up. And so d'ye see, ua plase your Honours Worshipe 1 took the liberty of breaking his head, and snre that was nothing at all at all.” She was fined one shilling, whereupon she observed, “Tt was a chape row to break an English constablo’s head for a ‘tirteen,’” this being the Irish synonym for a shilling, which passed for thirteenpenee in her country.
CURIOSITY EVEN ON THE GALLOWS,
Mr. Ramsay, a Seotch memoir writer of the eighteenth century, relates that so great is the craving of the Scotch Highlanders for news, that on one occasion a notorions criminal, when brought to the place of execution, which was on an elevated position, saw a traveller at # distance approaching. The criminal thereupon moet earnestly requested the sheriff to respite the sentence for a few minutes, till he might speak to tho messenger. This request. was complicd with, and all that the prisoner said to him was, * What news ?”
GALVANISINU A HANORD MAN,
When galvanism was a new discovery, aud the talk of the day, in 1803, a notorious murderer named Foster had
640 CURIOSITIES OF LAW AND LAWYERA
been hanged for kill his wife and child. Profesor Aldini, nephew of the discoverer, with othee
resolved to test the superior virtue of the betty = the dead body ax soon as it was ect down, At fret
con- torted, and one actual ned. As the process TrWol Go, the right halid waa Taieed unl Geektat eaatne legs and thighs made strange movements. Mr, Pass, the beadle of Surgvons’ Hall, having boeu present, became so alarmed, notwithstanding his familiarity with
that he died almost instantanconsly of fright. Some the bystanders were so excited that they were
pronot ire wae good-naturedly attribated to the fhet that the prisoner's when under the venfold, had violently pale his
ct
was over,
A PRISONER COMING ROUND ON THE DISSECTING TARLE
Abont 1740 a notorious criminal had been hanged for murder in Germany, and after he was dead was taken to the dissocting room, where the surgeons awaited him. It oj that they saw some motions of life, whereupon the chicf surgeon called the attention of his colleagues
irgeonk egrécd in Uble view, and the Kalfs wae org Sheree are pa t=
out.
Sonn after a like circamstance happened to one William Duell, an Englishman, who was hanged at Tybura for assaulting and robbing a woman, and then carried to be dissected at Surgeons’ Hall, Ono of the surgeons, on noticing Bel signs of is Jet a little Blood and the corpee iy came round in two hours, at up,
sportation.
‘His sentence was commuted into tran
MORE ABOUT PUNISHMENTS. GAL
A PMIBONER AND HIS SURGEON CHEATING THE GALLOWS.
In 1733, a noted highwayman named Gorlon, who murdered the Under Trensnrer of the Temple at Knights bridge, wus sentenced to be hanged, The Dake of Montaga heard that a French anatomist, M. Chovot, could so open the windpipe us to prevent any fatal consequence from this mode of execution, and he con trived to obtain a pardon for Gordon on condition of Gordon trying the experiment on himself. M. Chovet and Dr. Beavis hod several interviews with Gordon in his cell, to explain the procese ; but they hud grewt difficulty in getting the man to take the first step— namely, to cut his own windpipe. After great perenasion he made a slight incision, which Chovet made Ineger. ‘The effect wax tried, und when Gordon appeals month, nostrils, and cara for some time, he. received sufficient air through the incision to continue life. But when Gordon took the next step, and was suspended, though there wae breath enough to play the lungs, the veins that carried on the circulation of the blood were stopped, and the man died. ‘The Duke remarked to the surgeon that he had ovly learned half his trade he knew how to let air into the man’s Inngs, but he did not understand how to get the veins to work and do their part in the machine.
A PHISONER COMING TO LIPE APTER RXRCUTION.
Anthony Wood snys: “A servant-maid was hanged in 1658, at Oxford, for murdering her bastard ehild. After she wax cut down aud taken away to be unatomised, Dr. Conyers of St. John's College, and other youn physicians, did soon bring life into her. But the builifls of the town hearing of it, they went at twelve o'clock at night. to the house where she lay, and, patting her into u coflin, carried her in the Broken Hayes, and by a halter abont her neck drew her out. of it, ond hung her on a tree there. She then was so sensible of what they were about to do that she said, ‘Lord, have mercy npon me!" etc. ‘The women were exceedingly enraged at it, cut down the tree whercon she was hanged, and
aL
642 CUMIOSITIES OF LAW AND LAWYERS,
we very ill Ian; to Mi one of the fain enter Bisnsy ays recta, becanse he was the chi ponn shat hanged le 5 becanse thet afterwards he broke, or gave up his uede Dees yorerty ¢ a cntler), they did not stick to
‘s iment followed hin fire the crauliy, he ee to the poor maid.”
INGRATITUDE OF PRISONER RESTORED TO LIFE.
Dr. Glover, who, in his frolicsome youth, in 1784, went ou the stage, wns so confident thnt he could restore fo life m man after being ed, that he laid a eT Fei coceelian Sant peed a opportnnity occurred, after some managem: to possession of a highwayman, sentenced at Cork axsizes, ers Ss Sarena eee ‘The Doctor
E Fe i z a z A 5
her's duty to «apport oue whom he
into life. The I ir was confounded at the peremptory look of his adopted son ; and, thongh he ejected him, the undismayed claimant pursued him to the theatre amd harangned the andience from the gallery whilst the Doctor wus acting, and demanded a scttlement for life. The monster so worked upon his benefactor, and seemed eo formidable, that be had to be provided with a sam of money and shipped off to a colony.
‘THE DEVIL. COMING POR PRISONER'S BODY,
MORE ABOUT PUNISHMESTR. 643
Rees home, and on passing the gibbet fancied they heard the corpse groaning and feebly calling for help. They stopped, examined and rescned the » carried it home, and by careful nursing the follow revived. He was well treated till, in the middle of one night, on hearing © noise, the farmer rose and discovered t) 6 base villain packing ‘up all the portable articles of value in the honse, and preparing to decamp, The farmer was just iu time to awake his son, when they secnred their guest, and considered it their duty to estore him to the place whence they took him, and with the chuius just as they found them well rounil his body.
A WEALTHY PRIGONER TAKING SPOTTED FEVER.
O'Connell said that Father Luke told him of a enrions escape of a robber from the old gaol of the Four Courts in Dublin. The rogne was rich, and gave the gaoler £120 to let him oat. The gaoler then prepured for the escape in the following matiner, He announced that the fellow had the rpaiad. fever. The rogue shammed sickness «0 successfully that no one saspected any chent. Meanwhile the gaoler procured a fresh corpse, and dappled it with paint to imitate the symptoms of the fever, and smuggled it into the prisoner's bed, while the sham invalid was let ont one fine dark night. The corpse, which passed for that of the robber, waa decently interred, and the trick remained undiscovered till revealed by the gaoler’s daughter long after his death.
TIGHWAYMAN ROMMING AN EVANOBLIST,
When Whitefield was on aon evangelical miysion to Scotland, in 1741, the Earl of Leven gave him a horse to fucilitate bis work, One day, Whitetield und another preacher passing on horseback, met a widow, whose goods were about to be seized and sold for rent, and Whitetield gave her £5 to save her from rain, His companion remonstrated, and complained that it was far too much to give; bnt Whitefield replied, * When God brings a case of distress before us, it is that we may telewe WP
644 CURIOSITIES OF LAW AND LAWYERS.
little farther on in the journey they were highwayman, who demanded their money, sod. to give np all. Whereon Whitefield obecrved better it had been that the woman had got ber £5. little farther on the highwayman again overtook and insisted, as Whi '* contribution of been aif, that he shonld give up bis coat in for the highwayman’s, since it was so moch article. This exchange was made. A tittle fi highwayman once more galloped to overtake fortunately, before he did so, the evangelists refnge in a honse. When the tattered afterwards examined, at nightfall, it was there was a secret pocket, in which there was a wrapped parcel of a hundred guineas.
igi Pits
i
rt se
HOW TO FIND OUT WHO STOUR THE CIrERRIES.
Dr. , Professor of Geology at Cambridge, taken a De eat lo tents the inden ne for vowe years, and used to manage " me 1685 =e ee oe to the evan his employer. The Doctor, however, came, after u few years, to botice that his favonrite cherry tree never seemed to yield apy presoutable fruit in due season. At Inst, one Year, some twelve cherries seemed to be approaching the
coveted fruition; but as the Doctor was from a ride one dey, what should he bebold bot these pot cherries gone! He accused the boy rather tod warmly, but the latter with equal warmth “T have not tonched them, as true as God's ven. ‘The Doctor at once went to his closet, told the boy to wail xail garh ket atvece dope of entiranial wie kee treat. The boy, who was kept in some conversation, soon to be uneasy, and wanted to go, saying he felt *No, po, my lad,” said the Doctor; “sit thee still, ] soon make better of that,” and gave bim a glass of warm water from a basin also at his elbow. sel pa | the
nature was irresistible. The boy hiccuped, and up came all the cherries, to the intense horror of 1 boy ond the surprise of the Doctor, who coald net belp
MORE ABOUT PUNISHMENTS, 645
exclaiming, “ Where's the God in heaven now? Be off! get out of this instantly!" The poor boy was discharged ; bot the Doctor, nevertheless, & lapse of time, condoned the offence, and begneathed 200 to the once ingennons youth.
PIUGONAN'S HEAD TURNING GREY IN A NIGHT.
Howell relates that the Duke of Alya often gave ordors to his provost marshal to put persons to death secretly: and the latter, having ‘a pigne at Captain Bolea, resolved to play a trick npon him of the same kind. He went one night into the Captain's tent, accompanied by the confessor and the executioner, and said he had come to execute His Excellency’s commizsion, At the sight of them the Captain started np with his hair on end, and imploringly asked what he had done to offend the Duke. The provost said be had not come to argue the matter, but simply to obey his instructions, and formally introduced the two ghastly men, The Captain fell on his knees and roe and the executioner was about to adjust the halter to the speechless Captain, when the provost burst ont into langhter, and on discovering the cheat they were ordered out of the tent. But next morning, nevertholess, the Captain's head, thongh he was a young man, had turned grey in one night.
Soon afterwards the Captain had his revenge; for, passing with the Duke throngh Saragossa, he induced him to make au appolutment to see a greut curiosity in the madhouse there. After fixing the appointment, the Captain secretly told the warder of the asylum that the Duke's object in visiting him was to deposit. an unruly provost, who was subject to fits, and was then unmanageable, and he was to take measnres qnietly to secure this madman for o few days. On the Duke's visit, by a secret sign, the provost was pana by the messengers and thrown into a dungeon, had hia head shaved, and remained there some days, till the Dake on inquiry released him, The Captain then explained tho whole story, which the Duke admitted to be only poetic justice, and all ended well. The Captain with his white
eal lived on till ninety years of nge.
646 CURIOSITIES OF LAW AND LAWYERS
NOW TO SAVE THE EXPENSE OF A MANGMAN.
Tn Sweden exeentions seldom occnrred ; and once in a remote mipaley place, when a criminal was sentenced to be hanged, the officials were in great em! haying no man of skill at hand, eo that it was that it, woold be mosh expensive thing to engage a professional und pay his travelling expenses and the nynal high fee besides. A young trades scoustomed to get over difficulties, rose in the moniipel conneil and proposed his own solation, which he thus ex “Tt scems to me, gentlemen, that it will be much better that we should give the mulefactor the two crowns, and fet him go and get himself hanged where he pleases.”
PUBLIC ESTRUSIASM AT THR GALLOWS.
Godwin suys that, when visiting Ireland in 1800, one Jemmy O'Brien, apne ‘iors was executed for rmourder. He had made a trade of selling warrants of imprisonment on sispicion of treasonable practices for If a crown upiece. People came tradging barefoot from the conntry round for forty miles, to enjoy the spectacle of his exit. One of the crowd would exelaim, “ He was the death of my busband”; another would say, “ My two brothers were brought to the gullows by that man.” One spectator stationed himself on the highest ionacle in the neighbonrhood, so that the whole crowd, wever remote, might at his signal Pe in one deafening shout of exultation as the prisoner drvy When the execation was over, the body was for o few moments in the hands of the mob, and they tore away fingers and toes with savage zeal, in order to preserve these as precious relics of their antipathy and revenge.
A PREOXER WITH A WES ON HIS THROAT,
Southey says it was within the memory of oli that e mas woe sentenced to desth at the Old Bailey who had wen upon bis throat weighing between thirty and
MORE ABOUT PUNISHMENTS, 647
forty pounds, To hang him was impossible without circumstances of such revolting ernelty as would even at, that time have provoked a geueral outery of indignation. Tho case found its way from the lawyersto the snrgeons : the latter obtained his pardon, and took off the tumour, John Hunter was the operator. The man was afterwanis tuken into Hunter's service, and used to show his own wen in his master’s musenm.
JACK KRTOM REASONING WITH HIS VICTIM,
A man who had all along londly protested his innocence, like some others, found himself condemned to death. On the day of exeention, while Jack Ketch was adjasting the noose, the unhappy victim mude a last appeal, and with great earnestness aasnred that official that surely there must be some mistake, aa he. had never committed any crime, and there could be no legal warrant for his death. Jack replied curtly, “Pat your neck into this, and you can complain against me if Lam wrong: you kuow Fact under a heavy respousibility.”
GALLOWS ORDERED FROM THE VILLAGE CARPESTES.
A highwayman being sentenced to be banged in a country town, orders were sent to the carpenter to make the gallows, which he neglecting to do, the execution of the sentence had to be deferred. This wade the sheriff very angry, und hé sent for the carpenter and asked hint why he had not executed the order. Why, sir," replied the curpente 1 have made two or three before this, but was never paid for them. Bat had 1 known it had been for yo worship, I would have left all other business to have done it at once,”
OULLDREN PLAYING NEAR A GIDE.
At Basle, many little children. in the springtime went to gather flowers in a meadow at the town’s end, where 1. malefactor hung on gibbets. All gazing at the body, one child by chance Hung a stone and mnde it stir, by which
648 CURIOSITIES OF LAW AND LAWYRES.
accident the ae affrighted ran away, One, slower Nespeponccee ty back and seciag: the stirred’ carease wag towards po Apetgrelayra tote See ea airikiol thet ier any be conld Tok res, eat or slept cond not be |, Vat. ied melancholy mad.
BOLD DEFENCE OF A T'RISONER.
Anrou Barr, a leading New York advocate at the end of the eighteenth century, acted on the maxim that law was whatever is boldly assorted and plansibly maintained. He never gave Hor received quarter, was rather unscropnlogs in ‘efending Ii lipos,, acl wb reer rita to any theatrical artifice, He once defended 9 prisoner charged with murder, and as the trial it became too manifest to him that the guilt of the murder lay between the prisoner and one of the witnesses for the
jon, He sceontingly subjected this witness to a searching and relentless eross-examination ; and he addressed the fury in the gathering dusk of he brought into strong rel relief every tnt ‘that bore this witness, and bap oy the table, he threw « glare of i on the witness's ive and exclaimed, “ Bebold the alee = and conscience-strickem, the man reeled as from ry chee, tarned ghastly pale, and left the court. The adyorate concladed his speceh in a tone of triumph, amd the jury acquitted the prisoner.
GEATRFUL PRISONER AND HIS COUNEEL,
When Plamer Ward was a rising junior barrister on the Northern cirenit, be defended = prisoner at York for horse stealing, which was then a capital crime, and few reprieves were ever thought of. At that time, moreover, connsel was not allowed to muke a speech, but ho was tolerated in croes-examining the prosecutor's. witnexsus, This daty Ward perf with great skil, ral and
thognenty. tanks tn terstan axyatied he client. At the
MORE AUOUT PUNISHMERTR, ~ 649
end of the sssizes he was travelling by the stage couch, and found sitting opposite to him the prisoner, who at once with great fervour rose and eranped his benefactor’s hands, and said, Pe mooch obloiged to you, Coonsellor Ward—Pse mooch obloiged to you; boot” (winking his eye) © 1 doot T was guilty thongh !”
GRATREUL PRIBONER OALLING ON COUNBHRL.
When Anster, the trunslutor of Faust, was n young connscllor at. the Irish bar, an interesting-looking mnn with a good churacter was on purely circumstantial evidence charged with an agrarian murder. Anster felt acutely for his position, defended him ably and got him off. The man overwhelmed his counsel with gratitnde. Some years after, when Anster was absorbed in searching some papers late at night, he heard a knock at his door, and answered it himself. Anster bad always an absent manner, but after looking at his visitor he recognised his former client, though he forgot his name or confonnded it_with that of the murdered man. He exclaimed, “What, Kelly!" “No, your honour,” was tho roply, “Lam the boy that shot him!” Poor Anster was ax good as shot himself at this naive annonneement.
CONGRATULATING AN ACQUITTED PRISONER.
When Horne Tooke. was tried, bis case excited great interest, and Mrs. Opie, a relative of Baron Alderson, was described by a contemporary as having scrambled over chairs and tables to kiss him on his being acquitted, This she declared was grossly untrue, but she thus described what really did happen, and which was this: “Mr. Boddington and-wife attended the trial every day, going in their carriage ; and at the end of the trial they went into private room fo congratulate Mr. Tooke. ‘This ix my wife, sir,’ said Mr. Boddington. Mr. Tooke saluted her, and exclaimed, ‘Mudam, you have made me hate your husband.’ ‘Why, sir?? ‘Because I alway hate the husbands of pretty women,’ Mrs. Coverdale was then led up to him. She said, Sir, my father was
650 —- CURIOSITIES OF LAW AND LAWYERS.
of ‘Then, Golaes tau cctoy iy a ese Dinae given it to me,’ sen for he ware yo and having ‘salated me he said, ‘I think, @ ween you
SAVED BY A CLEVER CROSS-RXAMINATION. |
ily the astrologer say#: “I was once indicted at Hicks Hall for taking Tit 2 grown From balberued Leder this for not pl shay atl become of
Lined goods
wna, that all I enid was that the goods
rae ‘The yong woman related to the Court that she
had been times with me, and that afterwards she
could not reat nights, but was troabled Linger
ater hal aa sera al objection cla wine answet all ol lions,
was s lawfol art, ‘Mistross,” said he, ‘what colour
were those bessts that ‘ee were 60 torrified with?” +I
never saw any,’ said she. ‘How do yoo then know
they were lions, tygers, and bears?’ replicd he: ‘ie
is an idle person only fit for Bedlam,” the
went not from the bar, brought in, ‘No true bill,
MIGHWAYHAN DEFEATED BY A QUARRE.
When Robert Barclay was on his travels, be by a highway aa wibo levee wpa
attacked
demanded “his The Quaker, ealm a1
possessed, Joaked the other in the face, assured him
that he (Barclay) was every man's friend, and wonld
readily. relieve wants; that he was free from the
fenr of death, havin; Me Divine of
and asked whether T have the heart
shed the blood ot 008 who had no other feeling «
Fed at this ngs rm of {pene resin of passive
ho felt unmanned, and Bed.
ne z g
MORE ALOUT PUSISIMENTS 651
Another Quaker, Leouard Fell, when arguing with « highwayman who threatened to blow out his brains, said, “Though I would not give my life for my money or horse, yet peradventnre I wonld give it to save thy soul”; and the robber retreated, being unable to take the money on this condition. 7
A BAILIVE ‘TRYING TO ARREST A QUAKER.
A boiliff, having long tried in vain to arrest a Spake at lat resolved to adopt the disguise of being u
himself, and so get access to the interior of the house. He knocked accordingly at the door, inguired if Friend Aminndab was at home, and if he could see him. The housekceper anid, “ Walk in, friend, and he ghall see thee.” The buniliff, delighted to have gob this success, was directed to walt; but after waiting an hour he became impatient, rang the bell aud said to the servant, . “Thou promised me I should see Friend Aminadab.” “No, friend,” answered she ; “I promised he should see thee. He hath seen thee, but he doth not like thee,”
CHEATING A HIGIWAYMAX,
In the reign of Queen Anne, a gentleman was postin, over Hounslow Heath when two highwaymen sto, his chaise, and with oaths demanded his money. It happened that » large sum of cash was stowed away in the chaise; but the gentleman, after great apparent dismay ond anguish, admitted that his ie was in their hands, He snid his name was General Macartney, and, as they knew, a large reward had been offered by proclama- tion for his head: if they took from him the small sum he had, he must inevitably be apprehended and exeented. On this hint the robbers jumped to the conclusion that it would pay them better to take him before the magistrate and then claim the reward. They did sos and of conrae the magistrates, knowing General Macartney by sight, at once discharged their prisoner and onde his euptors into custody.
Another a aoe from the aasizes at York, was stopped by a highwayman, who took eare to inforne
652 CURIOSITIES OF LAW ASD LAWYERS,
his traveller that he would not be contented with s trifle.
The traveller, after immense relnctance and despair,
asin, varutaly cenled ond Gochly saccade on at ly l,
that it would be his utter ruin, bot what woald a man
not do for his life? The robber, with glistening eyes,
elatebed this beg und made off to a secret
and then carefally examined his treasure. He greatly
regretted to find it was full oaly of halfpence.
PRIAONELS TURNED INTO STREET SCAVENGERS,
Abont 1772, when Dr. Moore visited Switzerland, eviminals word camployed in the city of Terme in re moving rubbish from the streets and public walks. ‘The amore atrocious delinquents wore chainel to waggpaiy while the lesser delinquents swept up the refuse threw it into the earts and waggons, which the others had to draw or push aloog. ‘The wretches hind collars of fron fixed around their wecks, with a projecting handle like » hook to each, by which om the slightest mutioy
these public employments.
The traveller's reflections on this practice were, that it hardened the heart of spectators, and rendered them Tess susceptible of compassion and pity. Wherever pnblie execotions and punishments are freqoent, the common poople have beea observed to scqni degree of insensibility aod cruelty of disposition.
A YORGER HANGED POR JUST ONE LINE,
told this anecdote to Hume, who one day was com of the clamour raised petit himself in the press
MORE ADOUD PUNISHMENTS. 653
haying written one or two pages with ‘ible matter, while he had published 40 many volames with which no fault could be found.
GUTTING OFF JUVENILE TORSH STRALEES.
One day Lond Houghton was told that a poor Inundnéss had been Newatine: with many tears the and fnte of her little boy of eleven, who, with another companion of the same age, had been arrested, charged, and committed to Newgate by a magistrate for horse stealing. The boys bad been straying on a common near London, where they fvund a old. tooth iguanas ey uate ante ie its rip oie its back See Rp rae je off in great glee, ey Were SLO} a police- tian.” Lont Honghten, when asked what should be done, at ones advised that the little boys shonld be carefully Senmned tatstiie fis pra Eetale wilt veka their childish locks well displayed. The boya, when put in the dock, were the picture of innocence ; so that, the judge, when informod that: the children were changed with horse etealing, scarcely stopping to listen to an ontline of the facts, at once called the proscention * all stuff and nonsense,” und pool-poohed it out of court: “Horse stealing, indeed ! ‘The children may have stolen a ride, perhaps,” and ordered their immediate discharge.
A ROMANTIC PRISONER'S DYING WHSIT,
Lord Cockburn, the Seotch judge, says, that in 1823 Jeffrey and he defended a female for murder. She was the danghter of a captain in the army, and well edneated ; but by a series of misfortunes she hud fallen step by step, till she became the keeper of a disorderly house, and im a brawl stabbed o mun to death. Jeffrey's eloquence could not save her from being sentenced to death. She bad hod an carly attachment to nu English Jew, and shortly before the fatal day she asked him to visit her. At their lust parting she cut an orange in two, and giving him one half, charged him to stand at a particular window opposite the scaffold, and when he saw her apply her half to her lips, to apply his half to his lips
654 CURIOSITIES OF LAW AND LAWYERS,
also, This was done as a Inst si; Tt turned out
afterwards that she bad Jeft all Be will
to the Jew, amounting to about £ He the
but refused to pay the cost of her defence,
if wea coly when acest by. her, sotieitor: Gast the sontid wretch was compelled to discharge the debt.
A PRISONER UNEXPECTEDLY RAPRIRVED.
not pass. While there detained, he noticed a man come Nace, and with intense lis eyes were
i
were clenebed in agony, his chest heaved, and he stood transfixed, the very picture of horror. It was
who could not apparently avoid thinking his owe thoughts at that striking spectacle.
A PRISONER FALSIFYING AX ALMANAC.
A fellow was tried at the Old Bailey for high robbery, and a witness of the proseentor swore i to him, saying she had secn his face distinctly, for was s bright moonlight night. The prisoner's counsel cross-examined this witness, so as to have it clear that it light, and that she stack to this state- ing the jury the prisoner's counsel said it was most fortonate for his client that the witness had dwelt-apon this as her chief fact, for he was in a position to prove beyond the slightest donbt: that the night oo whieh the alleged crime was committed was t0t a ner he pete but was in the dark quarter. In of this he refer to an authority that could not err —hbe meant the alinanac. The almanac was to the judge, who told the jury it was eo—there eonld
MORE ABOUT PUNISHMENTS, 655
be no moonlight; and the prisoner was acqnitted. Tt turned out that all that the prosecutor's witness said was troe, It was a moonlight night, and the false slmanac had been printed spocially for the occasion.
VRISONERS THEATRICALLY RXCKIVING SENTENGR.
Tn 1846, when Lord Cockburn, the Scoteh indse, was trying prisoners at Glasgow charged with theft, many of kent being women, Ke wan surprised ‘st the pevdice manner in which they all received their sentence of transportation, Each in her tara, as soon as the word transportation was uttered, cast up her eyes, clasped her hands, screamed wildly, and then eaten d to fall back into the arms of a female who sat behind, apparently for the very bitaysd of receiving them. It turned ont that they had been taught how to do it, and they all did it in the very, same way. Bat, notwithstanding the falati fit, cach immediately stumped downstairs, and was hear cursing and furiously struggling with the officers till the scene closed.
PRISONER T00 POOR TO BUY A TONGUE.
In 1845, at the Justiciary Court, Glasgow, a Irishman was tried fore Lord Dockininn ol socber jndge for bigamy. He pleaded guilty, and eonsequently toull bayo uo speech: io igidalenss: olthiay bowers ascribed to his poverty, bnt for which, he flattered him~- self, his innocence could easily have been made clear, ‘The judge, ns usnal, on passing sentence, addressed him hamanely and at some length; when he made this answer, — Please, your Honour,” said the prisoner, “if [had only had money to buy a tongue, your Honour would not have had all that to say.”
A PRIGONKE WHO THUSTKD IN THE LORD.
Alexander Crnden, the Inborious compiler of the Con- cordance to the Bible, went mud, und was confined. When he was released he broaght an action against his sister and the medical men for false imprisonment. At the
to the Chie Isto My Tn don blew a word that
claimed, “I trust in God,"—on hich the Chief Jrstion “Towish you had trusted more in God and not hare come hither.”
2XCHIOMEN PURSUING SMUGOLERE.
James Watt, the inventor of the steam to relate a caso of grost is i
‘execation CA Process. Once the excisemes intelligence of illicit transactions, nod gave chase to twe smugglers. The latter reached the month of « coal-pit, and got into the corve cage with their apparatns
down
were at the lers coming ap again
Tyke atbeneure tin tie eortond eat a
and the hostile parties kopt passing and
way, glarin, Poclp at each other, bat never able to get
Se for anght that anybody has heand, they are ot it,
A GERMAN COUNT ON ENGLISH HIGHWATMES,
When a German count was travelling in Bogland, in 1733, be was told many stories of the highwaymen who then flourished. One was about a nobleman q in his coack ou very bed roads, and who had
MORE AROUT PUNISHMENTS. 657
him, “ My lord, this is e good gun,—'tis worth one hundred pee between friends ; I would advise you to ie
‘he nobleman understood his meaning, but, being defence- Jess, drew a hundred guineas out of his purse, which the highwayman took, and gave him the gun. The first thing. that my lord did was to present it at the highwayman but he told him that he was not afraid of him, for, in short, the gun was not charged, so that my lond could not recovar his money.
Another highwayman, Eves committed a murder near London, immediately rode fifty leagues the same day on horseback. When he came toa place where he thonght himself safe, he took out his wateh, und showing it to the people of the inn where he waa, “call you to witness," said he, “that at such o'clock 1 came hither, and I desire you to give me a certificate in writing.” This was given; and it saved his life, for when apprehended and tried, he was just abont to be found g ‘ity when he produced the certificate in support of an a The judge, thinking it impossible for the man to commit the murder and be so fur off the ame day, reluctantly directed the Jury to neqit him. After a littlé time, the jndge, being still doubtful, was told in strict confidence, and on promise to keep the secret, how the trick was done.
YELLOW-PRIONERS ON HORSE STRALING.
When Franklin was with John Adams in Paris, in 177! the former told him the following story he had picked yy there. A certain tailor once stoloa horse, and was forn out and committed to prison, where he met another person who had long followed the trade of horse stealing. The tailor told the other his story. The other inquired “wh; he bad not taken such and sich a road, wud assnmed suel and auch a disgoise, and why he had not disgnised the horse?” The anewer was, “I did not think of it.” “ Who are yon? what has been your employment?” “(rm a tailor.” “ What, then! you never stole a horse before, I suppose, in your life?” “Never!” “D—n Ric
a, What business had you with horse atealing ? Vhy did not you content yourself with your beggarly cabbage ? rc
658 CURIGSISIES OF LAW AND LAWYEUS,
PRISONER WiO DID NOT GET JUeTICR
20th of the month, had not removed from the dock when his counsel had to pass in front of him, and was then seized by the gown. The prisoocr said to him, “I hawe not got justice, Mr. Cockbarn.” To this counsel gravely replied, “Perhaps not; bat yon'll get it on the
THE ASS THAT DRANK Ti HOLY WATER.
Tn 1768 age lange pee a ees in whieh exci ie popal inter fe
Foca monary Uap carried farg iae to market, and
fie. borne oes and og be say, henge to
take advantage ot 8 Inaste; e selling.
abe to aoe soche little, and strolied into the
inch. Near the door he spied a basin of holy water,
being vory thirsty, took a hearty draught. | caught in Nagrante delicto, the east was
the hui and
und the shewbread, scntenee was prooanecd,
WORF ALOUT FUSISIMEXTR, 659
pricet as to the best means of recovering it. The Father ssid, “Tl ast back the saddle; come to mags next Snnday, and I'll show you how to do it.” The travellers accordingly atteuded, and at the close of the service the Father lifted up his voice and spoke as follows : “ Boys, I've something to say to ye before ye go, There's a good man that’s doing ye adale of service—one Colonel Hall— ye know him. WV ‘ell, he’s lost a saddle, Let it bo at his door before he wakes to-morrow mornings for if it isn’t, the man who stole that saddle bofore thia day week will be riding upon that same sadelle through hell!” With the dawn of morning the saddle wax on the doorstep.
IRISH PRISONER PAYING A FINE,
Paddy Mallouney was charged before a magistrate for drunkenness at Liverpool, aod fined five shillings. Paddy exelaimed, “ ¥ shillings for being drank: och! the divil a five shillings ye"ll get out of me.” ‘The magistrate then said he must go to prison for seven days ; on which Paddy replied, “Is it take me to prixon—barrin’ I pay the five shillin’?” He deliberately counted ont the money: “There they mre, yer worship: nud now Tl throuble you for me resate, Och! the divil a bit o” ie ‘ill pay the money withont a resate.” Paddy was carted off to. ptlaon, but hia “worahtp oak why ke wanted # receipt, when the following explanation was at once tendered : “ Well, I'll tell your worship, Ye see, when I go to take me trial, there'll be St. Peter thera, and ho'll say to me—‘ Paddy Mallouney, we're glad to see ye, aod We're goin’ to let ye in; bat bofore we do we must ax a few qnestions, First, while ye wore on earth did ye pay all yer debis?’ And I'll gay, ‘Bvery one of them, yer holiness, every one.’ Amd T'll say, ‘Well, if ye paid ther all, where are yer resates And PI say, ‘I have ‘em all here, yer holiness, in me big cont pocket —every one barring one.’ And he'll say, “Paddy Mallonney, ye must go and get us that one, for we can't let ye in without it.’ And a mighty unconyanient thing it ‘wl be to me, your worship, to be going down delow looking for yer worahip to get me resate.”
i i i L
=
a
i
i By. uF an i E
zt i E F : 4 ‘
tr 3 z FE S 2 a ry
i Master's rule, for He was content with
up to him, said, “Sir, you
don't aa
MORE ABOUT JUSTICES OF THE PEACE. 661
JUSTICR OV THE PRACK OFFENDED BY A QUAKER.
A Quaker was aubpanaed as a witness at quarter. sessions ; and one of the justices, who had been a smith, being indignant that the witness kept on his hat, asked why he would not take it off. The Quaker replied that it was a privilege which the Iawa of the country allowed to those of his way of thinking. The justice broke ont and said, if he could have his way he woold have the hat nailed to his head. “I thonght,” said Obadiah, “that thou badst given over the trade of driving
nails.”
JUSTICE OF THR PEACK MAGNIFYING HIS OFFICE.
William Penn and Thomas Story once took shelter from a shower of rain in a tobacconist’s shop, the owner of which very rodely ordered them ont, saying, “ You cannot enter here without leave, Do you know who Iam? Iam a justice of the pesce.’ To this Story replied, “My friend here makes such things as thee— he is Governor of Pennsylywnia.”
MAYOR OF FOLKESTONE ON THE LAW OF GOOSKBERKIES.
Once it happened that old Steady Baker, the Mayor of Folkestone, had a boy na a prisoner brought before him for stealing gooxe His worship turned over the leaves of * Burn’s Jt "which was then the repository of all knowledge of justices’ justice, but was surprised and annoyed at not being able to’ find the article he wanted in the alphabetical heads under which the book is arianged. He at len lifted his spectacles, and thue addressed the trembling miscreant before him: “My lad, it is very lucky for you that instead of stealing gooseberrics you were not brought before me for stealing a goose, ‘There is a statute against stealing geese, but I can't find anything about sooseberries in all ‘Burn.’ So let the prisoner be pereaty for I suppose it is no offence,”
O62 CURIORITIES OF LAW AXD LAWY ius,
MAYOR OF TIVERTON OS THE WAT TO HEAVEN,
Tn 1751, when considerable excitement was eniteed by the novel and enthusiastic meetings of Methodist preachers in the town, the Mayor of ton coasted ® fellow-townsman whether the Methodists should not
. gentleman recommended Lis worship to follow the counsel of Gamaliel to the Jews; whereapon his worshap farious, and exclaimed that there was no need pew religion in Tiverton. “There is,” anid hie, * the id church and the new church—that is'one religion, there's Parson K. at the Pitt Meeting, and Pan We WwW. in Peter Street, and old Parson 7. at Newport Street —four ways of going to heaven already: in eon- weience ; and if the je wan't go to heaven ome or other of these ways, by G—d they shao't co to heaven at | all from this place, while Iam Mayor of Tiverton,”
SCOTCH NAILLIE ANJUDICATING OX THIEVING,
A taillie of the Gorbals, Glasgow, being a justice of the peace, found a youth charged ne him fir a yorket-hnndkercliicf. After hearing the
which abounded in strong language, the thins addressed the youth: “I bue nse doot ye did the decd, | for T had a handkerchief ta’en oot o° my ain pootel: this vers week.” Sentence was then prononpoed withont | tronbling the parties ae
On another occasion s charged with aggravated assault; and the I Taillie bsviog heard the strong Innguage used in the form of summons, whieh was read, at once, without troubling witnesses, said, * For this malicions crime you are fined halfa , The clerk having hinted to the magistrate pe not yet bers proved, bo enee,
in w tone of cl oncy, “ We fine five shillings,” i
MORE ABOUT JUSTICES OF THE TEACH. 663
HOW TO IDENTITY STOLEN GIs.
At the York assizes, abont 1790, two men were charged’ with stealing Mr. Blanchard’s geese, He lived at Bulmer, and one day missed hia geese; and being in York the same day saw what he was «ure were his geese. In giving evidence afterwards, he told the Conrt that he had taken the best, way of satisfying himself that the geese wore his. They had been stolen from his farm, where there wore other geese; and he took the constable and a witness, and also the stolen geese, back to the farm in a carriage, to see if the geese would be recognised by their relatives. On the carriage urriving the old gander came out on the rond, most politely, t0 welcome his lost family. The other geese in the distance eackled very loudly ; und ax soon as the captives were released they hastened to their companions, where the whole gronp were 80 loudly and kindly congratulating each other that there could be no doubt in the minds of the constable and witnesses that they mit all be of the same family, The graphic account of these interviews was received by the Conrt and jary with repeated bursts of Inughter, which discomposed the bench and bar and all the spectators; but the tenth signa triumphed when the jury found the prisoners guilty.
CHATRMAN OF QUARTER SEESIONS ADIUDICATING.
During Mr. Gunning’s visit, about ), to Sir Francis Whichcote, chairman of quarter sessions at Lincoln, when they bad been chatting ubont their carly days at the university, the chairman espied from hia window the under-groom making very free with the wall-fruit. The moment breakfast was finished the culprit was summoned, and told immediately to carry and deliver w letter to the keeper of the House of Correction at Folkingham. The letter was in these terms: “Give the bearer a dozen Inshes; he will guess the reasou.— F. W." ‘The groom being probably uneasy, and finding the) wale] atill pets ital Rave opanttht cod eels note, or otherwise had some presentiment of his fate. At all events, the messenger, just before reaching his
664 CURIOSITIES OF LAW AND LAWYERS destination, non oe ae
ie of beer, and asked bim to the note, The & moment's ae execated the mandate to the infinite ona and gees of
He a) who had 0 idea why poll rdtie arded to Irim. ne cna tie cx is tr ere wat great mera stable-
By-and-by the report reached the care of the pope Rea ra hecetdy, but tage apts potice of than to fine the real ‘delingusat bal€ A pect ie id the etable-boy, and onlered it to be paid instanter.
AN MNEnGeTIO MAGIETHATR Ix 1766.
sree etre are coe Johnson, and BHECOSSOT velding as letropolitan ‘ice magistrate, oS who eee was mont eoenget Drm as was em apparent practice, did » good deal of con stabulary woisaa well as the judicial work. ee Granbonroe Alley, the pihe, jearneynn stosnabrt stm for an inerense were st paring ct men m Welstseynouredl Soong ties ing recognised, his name was shouted and welcomed. They invited him to mount on « beer-barrel, whieh he did, and then addressed them, a them 5 disperse folly, ws their meeting was He me ever, on the side of the men, a ly #« he the masters Jooking on ; and the men were so pleased
at his eb hip that sted feck tial choeldos a toe folie aren
The achievement, however, of the same woriy hy mage
trate on another occasion, in arresi highwayman, who eet the torror of the duane om
Marylebone, was beyond all praise, Havin information thst the offender was hiding fa, w "Eo Rr floor in Rose Street, Long Acre, Mr. Welch the tallest hackney coach he could find, and as there were no foot Biren Se ee ee ho oniered the vehi ee sige Flas upto the.
the coach, threw up the sash of the first-floor
MORE ABOUT JUBMCES OP THE PEACE, 665.
window, entered the room, and actually the hi, wayman naked ont of hia and out of the win
‘on to the roof of the cosch, and amid the huzznes of an immense throng drove him away to the police office, ‘This energetic administration of justice curried all before it, and gave immense satisfaction to the peaceably disposed a hundred years ago.
THN BLIND MAGISTHATE’S MODE OF BUSINESS.
Sir Jobn Fielding, a brother of Henry Fielding, was blind from his yoo and succeeded the novelist ax a Metropolitan police mogistrate, and diod in 1730. He was singularly adroit in disposing of the business of examining witnesses. He had a bandage over his eyes, and held a little switch or rod in his hand, waving it before him as he descended from the hench. He showed xreat sagacity in the questions he put to witnesses, and the accents and tones of the xpeaker supplied to’ lim the same advantage which the eye rendered the other
magistrates,
A MAGISTRATE AN ACUTE PHYSIOGNOMIST,
A. learned Metropolitan police magistrate, named Broderip, had distinguished himself by his knowledge of zoology. One day Serjeant Ballantine appeared in an affiliation case, and defended a elient who was, as contended, unjustly alleged to be the putative father of a child, while the mother with her child was seeking to establish the paternity, The learned magistrate, after hearing the evidence and complimenting the ‘young advocate on his ingenuity, docided that the dofondant was the putative father. Afterwards, in conversation with the counsel, the magistrate said he was a bit of a naturalist; and’ on comparing the child’s appearance with that of the defendant, said he saw at a glance the relutionship, for they were so like each other. ‘The connael replied, “Good heavens! why, it was the attorney's clerk you saw, for the putative father was not in court!"
666 CURIOSITIES OF LAW AND LAWYERS,
A WONTHY MAGISTRATE ENTERTAINING SOME DEVIN,
Mr. John Carter, the celebrated Noncouformist divine, and his wife were of wach plain and homely Ut Ione nil at hs he ad tise Snes
dam aml Eve or some of the patriarchs—s celestial talk. His conversntion was affable, witty rs
One day, being invited to dine along with other ministers nt the honse of a magistrate in Ipat eer vainglorions Last at table boasted that bes
pute with any gentleman present Ba boa pope ithe ay oF Pent A profound silence ensued, till in these words : “I will go a er than ™ Lremnite
to pmzzle you. Here is a sole: vow, tell me why this ‘ish, which hath always lived fu salt should come ont fresh?” The bold challen; ww ae even attempt an answer, and soon cabeited Unie the seorn and langhter of the company.
607
CHAPTER IX. (continued).
MORE ABOUT THE RECREATIONS OF JUDGES AND LAWYERS,
(See aute, p. 342.)
CHIEF JUSTICN StLVRRARKLS.
Comer Jesvien Mansnatn, of the United States, was all his life un ardent votary of quoits. He was nu. nective member of the Barbnene or Quoit Club for forty years, their main amnsement being qnoits and backgammon. Great respect was paid to the veteran Inwyer in these contests, Once an old Scotch gentleman was called in to decide between him aud # keen rival as to the winner, and after a most cnrefal monsurement that omele gave his decision thus: “ Maister Mairshall has it # leetle,” though every bystander saw it. was quite the other way. A French visitor, on seeing the rivalry in this amiatle club, when engaged with their coats off, said he never before had seen the real heanty of repnblicanism. The Chief Justice in his early 7 had been nurivalled for his jamping and racing. He could not only throw a quoit farther and win at a race, but he was the only man who with a running jump conld clear a stick Inid over the heads of two men as tall as himself. On one occasion he ran a race in his stockings, and his mother had made them with blue yarn and heels of white, so that her agile son got the sobriquet of “silver heels,” which he ever afterwards retained among his familiars.
HOW TO DRAW OUT 4 TACITURN JUDGR.
Sir William Grant, Master of the Rolls, and a model jndge, was singularly tacitarm. Once Dundas (Lord
668 CURIOSITIES OF LAW AXD LAWY KES
Melville) and Pitt, when about to dine with him, both , a Sine AE remain quite oie bottle quickly. This bad the desired efftet. Their solemn silence, joined fo their most lively knocking aboat of the bottle, soom the foantain of knowledge, and the judge discoarsed like inerva. This cminent jndge, born in a small Scotch country acon aa bs Seaton first in Cioetes then at the is withoat. any sncoess, was accidentally dissovered by “Pitt, who hod lied to him for some Colonial statistics, and Jater still by Lord Thurlow. At last his merit was revealed ‘tot only as a member of Parliament whom Fox felt it difficult to answer, but os Master of the Rolls; and for seventeen years his were admitted to be laminous and masterly, highly prized by the profession. He retired at sixty-two, but lived om tll eighty-three.
A JUDGE DRAWING OUT THE GREAT HERO,
When Sir W. Erle went as jue on the Western cireuit, and dined and alent a at Si _Strsthfcldeaye with the great Dnke of Wellington, he the Dake of passage in a histor hich said, that, ay theke en the Dale first mentioned the escape of Napoleon from the assembled allies, they all lau; |, aud the Emperor of Rossia most of all. The judge iked it Dake remembered Teel “We reply, tl be an
cs sre
bie 5 = £ ne 5 fue 33 4H fer tz
Franc ‘Nest ay, when me, me bows had u gone to France, aml we laug) ore ha ae That's the only Inngh I recollect.”
NOW A JUDGE APTEARS AS COUSTRY SQUIME.
In 1670, the cies Lieatesant of Ireland, when hee ea taining ‘ wer a8 & guest, Was speaking ; of an eminent Irish jedge. “1 was dining with jadge on Sunday, who, us you know, iss =
MORE ADOUT JUDGES AND LAWYERS «669.
shrivelled-up man, ond he told me an amusing el When Attorney General he purchased an estate ‘Tipperary, and in order to inspect his acquisition waa proceeding with his agent throngh # boreen, when he overheard an old crone say, “ That's the new landlord — that. dawny little bit av a Teprehann | Begorra, the boys might as well be shootin’ at a jackanipe 1”
n equally intelligent Trishmau as geoom was drivi a stranger through the woods of Castle Howant, which were greatly admired for their splendid and stately trees; and it was mentioned to him that two of the owners (Lord Carlisle) had beon Lords Licutenant in Ireland. As to the fine trees the groom retorted, “ Why shonldn’t they be fine? Shure, hadn't he the pick ay the Phaynix
Park?”
A JUDGE'S VERY LONG DISSE.
George TV. asked Dr. Gres what was the longest aederant afer dinner that. fe hut ever heard. of on erodible anthority. The Doctor answered, “ The longest I know of waa at the hone of a learned Seottish jndge, Tord Newton. A gentleman called at his house in York Place, Edinburgh, at late hour, and was informed that his lordship was at dinner. Next day the same gentleman called at on enrly hour, and being again informed that the judge was at dinner, expressed surprise that the dinner of that day should be so mnch earlier than the dinner of the day before, It ix the very same dinner,” replied the servant : “his lordship has not yet risen from table.”
JUDGR PRTeRS's PACRTIOUSNRSS.
Judge Peters of Pennsylvania in his old days affected @ facetions manner. He had 6 sharp nose and ¢hin, which at last ee ae so close that w friend cold him they would. soon come to loggerheads. “ Very likely,” ‘said the judge, “for hard words often pase between them.” One day he was about to enter a doorway, which was blocked by a very fat and a very lean man, who were not disposed to make roam, The
670 CURIOSITLES OF LAW AND LAWYERS,
jedge then pushed between them, asying, “ Here go 1, t thick end thin.” When’ certain cause wat heard by him in which « poor German witness had been sorely badgered with quostions, and at lest said he felt
so exhansted that be conld net go on withont a glass of water, kays the judge to counsel, “I think you must now be done with this witness, for you've pumped hin dry.”
AS OLD JUDOR'S WESPECT FoR BOILED sUTTON.
repotation ax an mecom= jo 1745 who laveted Mi Meas
and y mntton for dinner, und boiled mutton for til be has learned to like it." Strange to say, the unfilial Andrew afterwerds told his own children that be did learn to like the mutton, and handed down that victaall to the next generation with the same unboanded respect.
EXOLISH CHIEF JUSTICE AT A FRENCH TRIAL.
q
MORE ABOUT JUDGES AND LAWYERS. 671
not so simple as our English law courts." Whea the advocate for defendant began by asking the c8 age, and the anewer was “Twenty-four,” one of the judges immodiately exclaimed, “ You he ; you gave another age to the judge: therefore you lie.” ““ True, true,” added the procurenr general, One of the prisoners was cross- examined, and gave o reply which created rather a sensation in the court ; after which the President said, “What else can yon expect from such n rogue!” At this Lord Henborongh said, “Really, Doctor, 1 enn't stand this; pray get me away as quickly as yon can 1”
EMINENT JUDGES AND THEIR INVESTMENTS.
Tt. was said that Lord Chancellor Hardwicke, when at the bar, had acquired an immense fortune, and so his contemporary, Lord Chief Justice Mansfield. People at that time used often to comment on their different modes of investment. The Chancellor nsed to invest his money immediately in the purchase of lund, while the Chief Justice placed hia ont: on mortgages. In the event, the Chancellor's was the more profitable mode; the rapid advance of rents greatly ontatripping the fixed interest on mortgages. It was suid Lord Abinger im the later part of his profitable career used to keep a clerk and an office for the lending ont of money. Lord Stowell, on the other band, became more and more convinced that the only thoroughly eafe thing to do was to adhere to and be contented with the “elegaut simplicity of the Three per Cents” ; and if that was his practice ho seems to have done very well with it, his personal estate being sworn at £200,000,
TUDGK'S STORY ANOUT THe CROOKED KIB,
Sir Thomas Clarke, Master of the Rolls in 1763, was great dealer in anecdotes, and used to tell his friends with great pleasure the following story, One day in his earlier career he was dining with Sir Joseph Jekyll, Master of the Rolls, and there dined also the famous William Whiston, to whom Sir Joseph allowed # pension of £600 year. Lady Jekyll, who was one of the sisters
072 CURIOSITIRG OF LAW AND LAWY RRS. of Lord Somers, thought that she 1 pla
other women, aud was often herself and others with cease oe dinner she are “Mr, Whiston, 9 diffenity ‘occura to me in the Mossic account nites hesetiny wich ertacneigae rogpemiee da mee ae
it is thins Sine i ped id tn to cee ie form
of the man, why dit her out of the rib rather pas soe other part?” Whites eee ee wered, * Indeed, 1, 1 don't know, untess ft be fn te? the ‘rib is the most crooked part of the body." fl eae pe you are Op avother occasion Queen Cai oe preened e
am to tell her honestly of her ta pelts Fee for w long time, he said that ae
when they tlocked to the Chapel Royal to si ‘and the were perfectly astonished and weat away, with strange impressions after noticing that ber
kept talking to the King almost the whole time the servicer, Queen nid, Ton sory Sor icy balla there is cy truth in what yon say: bat he Mr Whiston, tell me of another fault.” “No,
tis me see yon metd of this bere I tell DP another.
cu
JUDGR MAKING FRIENDS OF A GIURAT smnEIC.
Tn 1822 Justice Allan Perk was holding the be at Liverpool, when Charles Mathews the mimic ladies entered the court, which happened to be pe The jndge noticed Mathews, and the msher to call him and the ladies to seats on the beach. This attention on the part of the jndge, to whom oe were entire strangers, astoundod te pan Posty, bat apparent friendliness put them all ‘at ee And at Inecheon time be even presonted part of his as gingerbread pone cae ladies.
the spectators who knew the setor ani. the re of the were astocnded at this cone junction. Mech interest aecordingly arose, and solutions of the enigma were carrent; bot at somebody ascertained that tho judge, knowing how
A
Hi
MORE ABOUT RECREATIONS OF LAWYERS, 673
Lord corse and other judges and dignitaries lad been made ridiculous by the ule clever impersonations, wisely made friends of the “ mammon of unrightoonaness ” ip securing him this conspicuous favour of a seat on @ bench, antl so beste an inconvenient cause of merriment to some futare public entertainment,
HOW A JUDGK VISLYED A PRISONER.
Maseres, the Cursitor Baron of the Exchequer, used to visit Cobbett when confined in 1812 for two years in Newgato; and on those occasions always went in his wig and gown, as a mode of showing his disapprobation of the cause of the sentence. The Baron was a descendant of « Haguenot family, and therefore an implacable enemy of the Catholics, but very humane. Having been fifty years n judge wud a buchélor, his money accumulated to a quarter of « million; and he was the only judge ever known who, when offered an increase of salary, declined it,—for he thought, a4 no additional work would be required of him, there was no justice in adding to his pay, as the addition must only come ont of somebody else's pocket. His favourite talk was about the ignorance and superstition which led to the founding of monasteries, and the injustice of prieate in robbing the heir an relatives of dying men under. pretence of procurin, their wealth to bo devoted to securing prayers for their souls. Yet he outlived his own facaltios to snch an extent as to present a sad example of the fate he so often denounced. In old days, when he was ubove ninety, the Rev. Robert Fellowes, the parish Irie, hhnd neqnired such an influence over him that the Burom left a large sum to the incumbent of Reigate on condition that the latter should preach or pray twice on a Sunday instead of once, and on failure the annuity was to go to ease the poor rates of an adjoining parish, He loft only £20,000 to his relatives, and the rest of his fortane to the same Robert Fellowes, the parish priest, whom he had known only three years.
A JUDGE GIVING HIS COACHMAN A CHARACTER. Lord Mansfield, Chief Justice, told the bar that ho Py
O74 ‘CURTOSITTES OF LAW AND LAWYERS,
had once the eae some acts of peculation, o to give him a chameter,” The jndge asked wi ental of he could give; and the coachman replying that wl his lordship chose to say would be thankfully received, the judge therenpon rat down and wrote this :—
“The bearer, John Tomkins, kas servod me threo years in the Pe See ee ‘He is on able driver and & very sober saan. 1 hhimm because he eheated mo,
* Maxey.” Jobn thanked his loniship and went off. Soon afterwards the judge was going off to Westminster Hall, when he noticed a handsome coach and liveried servants waiting next door, and wax not « little astonished to ee his lato coachman on the box, whom he addressed + “Why, John, you seem to have got an excellent ‘ how id you tannge that with the character £ gave you?” “Oh, my lord,” said John, “I found it © most ‘excellent character: my new master, on reading it, sai that, as your lordship mentioned I was an able driver aud a sober man, these, said he, were jast the things be wanted; and thongh Hee lordship. mid you bad discharged ie for cheating, said he to mo, * Hark you, sirrab, Vag a Yorkshireman, and I defy yon to cheat me.”
AN ADROIY COUNSEL AT A THEATRICAL HOW.
When Mra. Siddons—that transcendent actress in all that comes from eye, manner and yoiee—was fn Edinbargh, in 1788, even the General Assembly the Kirk of Scotland adjourned, in order that they might witness hor performance, one day, as a Scotch servant= irl was going to market ie same Tanjestic freatare talking to a friend, she her barket ta & trance of admiration, exclaim) ig, |, Sirs, weel do T ken the sweet voice that garrd me greet sue Suir yestreen.” The Hon. Heory Erskine, then the leader of the Scotch bar, aud an antent admirer
Whep an oproar was created by an obstinate fellow in tho pit, who insisted on standing while overy ome round
i
MORE ANOUT RECREATIONS OF LAWYERS 675
him clamonred and demanied that he should sit down. In the height of the row the leading counsel came to the front of his box and ina clear and telling voice said to the crowd: Pray excuse the gentleman ; don't you see it is only a tailor resting himself?” ‘The effect was an instantancous set-down to the hero of the riot.
THE JUDGE'S APPROTION YOR HIB ANIMAL.
Lord Gardenstone, one of the Scotch judges, had a great fancy for pigs, and brought up one from its infancy to adorn the bench. It went about his house like a dog, and even slept in his bed. His habit waa to lay hi clothes on the floor when he went to bed, and pij immediately lay down on them and kept them and itself warm till morning, the judge thereafter fecling greatly comforted by the animal heat which was thereby pre- served for him in due apostolical succession,
Another judge, Lord Monboddo, had snch an affection for his horse that he once acted as his own counsel, descending into the floor of the court and pleading its cause in person, He bad entrusted a stupid farrier to administer certain medicine to the sick horse; bat the fool mixed with the odions physic so much treacle, in order to muke it palatable, that the poor horse died either in consequence or not in consequence. ‘The jndge was so indigount that he sued the farrier for its value, and pleaded the canse with immense fervonr and learning, rafgacking all the Romau law for ornament and illustra~ tion, His brother judges decided against him; which so diggosted the ene that he swore he would not sit on the same bench with such superannaated jackasses, and ever after chose to sit at the lower table in the body of the court, beside the masters or registrars.
SCOTCH JUDGE AND HIS TERMAGANT Wirt,
Lord Grange became a Scoteh jndge in the reign of Queen. Atinoy being modo” Lord Yustlos ‘Clerk chiedy through the influence of his brother, the Marl of Mar. Jn 1714, eorly in the reign of George L., he was disnsam
676 CURIOSITIES OF LAW AND LAWYERS,
and then be lived as a and laid ont a os pucion Ds pont ol a sags anes Sepenherint Pectengte Mi wie won of grat tema,
‘and worried him out of his life; and,as he told hix
seanty food sopplied to her to sustain life, thirteenth year of this banishment. It is no public inquiry was ever held as to this atrocious net. ‘Three of the conspirators were Lord Lovat, the Laint of Macleod, and one of her own sons, The utmost ever ascertained by any of the curious of the period was, that she was kept comfortably in some castle in the Highlands ax being insane. The rest of the family soomed to cousider this wild justice sdministered to be well (sag tite teal eer ee oe by — to bos canting, hypocritical person, of no ability ; while others, including Winself, maintained he was a Powys
sensible man, and = leading elder of aod member of Assembly. (Bee ante, p. 636.)
DISINO WITH A CHIEF JUSTICE.
Bobus Smith in 1841 was dining at Lady and said Jekyll had told him a good ‘That eminent counsel was asked to dine at Lai
pen ining-room at downe Hoose fell in. hen Jekyll heard of this, he said, * What lock! T had been invited to ‘raat carlem,” but was enguged to fiat justicia,’”
A PLBASANT JUDGE DINING AL FRESCO. One day, Baron Carter, who died in 1745, was dining with hin sister at his country house its
MORE ABOUT RECREATIONS OF LAWYERS 677
room which overlooked the courtyard, and something 60 displeased him in the cookery that, after some ves sath exclamations, he rose and threw the joint of meat out of the window. His sister, being equal to the ocension, then took up the dishes and plates and threw them ont also, whereupon the Baron demanded angrily to know what was the meaning of this; to which the offended housekeeper rejoined, “Oh, I thonght you intended to dine ont of doors, and that yon would need the dishes and plates as well ax the mest.”
JUDGK INCAUTIOUSLY SWEARING IN TILE STILOET.
When Lord Chief Justice Norbury was riding one morning in Dublin, to call on a brother judge on his way to conrt, he had just reached the residence in Rut : Square, when that judge playfully challenged him for eng. behind time, ‘The Chief’ Justice thereupon searched for his watch in his fob, but on discovering it to be missing, callod ont, with an oath, that he bad left it in the pocket of his bed. He returned to his honse to fetch it, and on calling the butler to bring it to him, the astonished servant informed him that he had just handed it toa mon who came with » message from his lordship, and describing as a token the place where it was to fond, The judge then remembered having told where and how he fet the watch, and given particulars which a nimble street thief must have overheard and tarned to account.
SCOTCH JUDGE AN ADXPT Ix VARMING,
Lord Monboddo, the Scotch judge, whose theory as to the monkey being the original father of the human race has been 0 well remembered, had no greater delight than to retreat from the courts to his little country estate, where he at once cast off his sablo official garb and dovned the dress of a working peasant, and rejoiced in his own rural name of “ Farme ” He was greatly ongroxsed in high farming ; and one night, on reaching his conntry quarters after dark, he insisted,
Peelig ied Heald
The holy futher eoald not read the langange, but the Ia pisined it tL, who loved Fingal heretics better than French Cuolie raion aeseted the UMackletter book, and place if the mary.
CHIRY JUSTICE ABUSKD BY HIS WIFE.
Chamberlain, in 1617, wrote to a friend as follows: “The Lord Coke und his Indy have great ware at the Conneil table. One day Lady Hatton accused her by way of petition to the council table for
MORE ABOUT RECREATIONS OF LAWYERS 679
against the King in menacing her. Sir Edward Coke wus sont for before the Council, and « day appointed for the hearing of this business, when I was present. It grieved me to hear such differences hetween man and wife ; bnt- council of both sides speaking, the businese was extremely aggravated. She chargeth him of menacing her, of defenting her of her jointure, of having a property in hor purchased Innds which he will not relingnish, His counsel made answer and charged her for having dis- furnished and tuken away out of three of hi houses all hangings, plate and honschold stuff, and also that, she yave him to his face or by letter these unfit words of “false, treacherous villain.” My Lord Keeper, willing to shut up thie bnsiness, made a motion for the referring it to Tie Carew and the Chancellor of the Exchequer. The differences wt last were accommodated, and after 80 mach animosity and wrangling they were made friends, and his curst heart has been forced to yield to more than ever he meant.”
A WIFE PIT FOR A JUDGE.
In w Suffolk churchyard a Doctor Greenwood put this epitaph’on his wife's grave :—
Here lica tho fairest Greenwood in our town,
By death—by very eruel death out down.
Hor virtue and hor modoration wero such
‘That sho ought to have boon marriod to a jadgos But aho put up with mo ‘A poor doctor of divinity.
AN OLD SERJEANT'S YARNS WHEN EXILED,
In 1646, when Lady Beatrix Graham, sister of the Marquis of Montroze, was with her brother an exile in France, she met with Serjeant Burrowe and his wife and family, who were also exiled there. Beatrix having heard much of the Temple, drew ont the Serjeant, who told her “how the lawyers and their wives lived in pence and harmony amid fair gardens sloping to the Thames, away from noisy streets; and how the gentlemen were ever making verses on one another in dog-Latin, writing their
680 CURIORETIES OF LAW AD LAWYERS,
friends’ epitaphs. One epitaph was ona worthy doctor whore chambers were up many pair of ainda the conclusion was this :—
Hic sub terrh facet vilis
Qui fait doctor subtilia The Serjeant also “ spoke of the sack that was served to the Benchers, and in one night thirty of them seventy gallons,—or it may have been the other way, for T never could recollect cumbers.” The Serjeant alsa said, * Who would have guessed that the bravest of our maxqnes was written. by Mr. John Milton? Thongh I care not for ench verses ax be written nowadays by that
dressed like » bower with bronght in early morn before the maypole was pulled dows by order of ment.” One sight, when Beatrix was recomme 8 young fellow to gather silverweed and lay it nine days and nights in buttermilk to remove snnbarns from her xion, the Serjeant said to her, “You have no need of soch appliances, It reminds me how Sir Kenelm Digby fod his fair wife on capons that had been fattened ih pind to preserve her eat.” as No bs ee oo irs. Burrowe observed, “ that the iy was found dend in her bed!” iad
OLD SHRIRANT Wit KNEW MAAC WALTON,
“ Avothertino,” says Beatrix Grabam, “ we young people proposed going out to hear the nightingale and then Serjeant Burrowe told me 1 should hear his old acqonintance Mr. Izane Walton talk of the nightiogale’s song, aud how that worthy citixen, though bnt a draper in Chancery Lane, yet was well bekuown to many pions and Joarned divines, and woald pend the Easter with one or other of them, where nightingales do abound, and where he wonld fly the angle for days together in the clear trout, streams. ob Sundays he would walk from his dark: and noisy home to meditate in the pleasant meads nigh tunto London.”
= al
MORE ABOUT RECKEATIONS OF LAWYERS, 681
MATTERCOF-FAOT LAWYERS. :
Soon after Canning’s statne was put np in Palace Ys the copper colour not yet blackened by the smoke London, Justice Gazeloe (the Justice Starelee who sided at-tho trial of Bardell o. Pickwick) was Bits away from Westminster Hall with Carwood, when the
in his solemn anstere way, looking up at the statue
(which was of heroic size), said, “I don't think that: is very like Canning: he was not so large & man.” “No, amy Jord,” said Curwood, “ nor so green.”
PRECRDENCK BETWEEN DOCTORS AND LAWYERS.
Coloridge says: © I was much amosed some time ago by reading the pithy decision of one of the Sforzas of Milan, upon ocension of a dispute for precedence between the lawyers and physicians of his capital—Pracedant tak sequantar carnifices. I hardly remember a neater
ung.
PHYSICIAN ENCOUNTERING LAWYER.
A London lawyer in 1803 had been examining a mine in Cornwall, aud while coming up the shaft saw a friend who was a venerable clergyman standing at the top watehing his a Said the lawyer: “ Doctor, as you know all things from the surface to the centre, pray eon you tell me this : how far is this pit from the other one in the infernal regions?” the clergyman: “ Well, I cannot exactly tell you the distance in miles, but, if you let go your hold, you'll be there in 4 minute !”
A JUDGE DISCOVERING A GOOD GAMEKEEVER.
‘When President: de Thon, the Frenoh jndge, was travel ling in uedoc, he was hoxpitubly entertuined with great magn ificence by Chanue, Bishop of Mende, for some weeks. He could not help noticing that no game ever appeared at the table without a head or leg or win; or some considerable part being missing; and he femntated
Sed that hs guackcepers vere ‘ery greedy, cd were never him an: cua oilioul iret) gs ae to themselves, He soon forther explained that bis gato keepera were the eagles of the neighbourhood, which, when they Lad young ones,
i 4 i Hi
te BE
to the ample store they found of game; but not in time to prevent some portion of the being mutilated. ‘The Bishop added, however,
= 2 a : i g £ Ey it :
A COUNSELLOR THE SAXDSOMEST OF MIS FAMILY.
John Warden, n contemporary of Wirt and Wick Wf the: Amutietn ‘Rishyod ‘Par,, wat couliend t
enormously large, and bis tongue was still larger
Perce ve Tate he trtioeltoe ees dat cat ee
distinct. ‘A wag wrote his epitaph thus :— Reader, tread lightly o'er his sod, ‘For if he gapes, you're gone, by —!
Yet i Gas beat soevevesoer: of Ms onsen inwye, lof plenary aa good humour, ‘and greatly
MORE ABOUT RECREATIONS OF LAWYERS, 683.
butler. When the hour of dinner arrived, John was all excitement, and with an air of triamph led the eompany into the dining-room, where he was absorbed in drinking in the wisdom of the eloqnent guests. ‘The first course passed off fairly well, aud then all sat in expectation of the next course. Presently the door flew open, and n negro servant entered bearing high o smoking dish of | ora pudding, which, with # flourish, was deposited
fore the Governor. Then the door again flew open, and another attendint brought in, with still greater trinmph, and @ notable wink to John, another plom pad~ ding, equally hot and savoury, and deposited it in front of Mr. Jefferson. While John eat complacently feastin, his eyes on the triumphant prospect, the Governor turn aside and said, “ What ia this? ¢ico plum puddings, John —two plum ae rat Why, this is rather extraordinary.” * Yes,” replied John, “it is extraordinary; but (rising and bowing most defcrentinlly to Mr. Jefferson) it is an extraordinary occasion.”
A PATRIOTIC COUNSELLOR POOI-POOMING THK LAW,
Young Tyler, afterwards President (son of Governor Tyler), wus engaged for w client, aud was conscious that all the law was against him, and that he conld not do anything by mere argument. Mr, Stevengon was for the other side, and had ® pile of law books from which he quoted copiously, and resumed his seat with an air of triomph and confidence which impressed the whole Conrt, Tyler, after many compliments to his adversary, and some vague commonplaces about the justice of his own canse, atten yieraiea cui Rina
“The gentleman hax referred to anthority—Bnglish authority! He has bronght into this conrt the rolex and laws of a rigid aristocracy at war with every American principle. And pray, what has a Charles City jary to do with English anthority ?—Charles City, the birthplace of Bacon’s rebellion, the home of revolution, and the land of repnblican principle! When we cast off in blood the colonial dependency, we cast off the authority of Bngland, Our Jate war was fought in the face of thia Bugis
‘CURIOSITIES OF LAW AND LAWYERS
withit!" Ai en oe
jury, when their tnrn came, took five minutes to ute verdict to Tylere liso
‘THE BEST FOIKON FOR LAWYERS.
When Henry Mackenzie, iw e eae of Feeling," who was @ solicitor, was in the Highlands in 1784, he met C ood
con-
ithe tiie ot gin Bopiand that ratabons:-wilitok ill « lawyer.” Pr ehich the ex-slictor replied, * And we in Scotland are in the habit of saying that some generals are in no danger from laurels 1”
A JUDGE AS AN ADVANCED FARMER.
Tn the time of Lord Kames, # Scotch judge who at the end of the te oer century, a Germas advertised largel slp ah ee == he had maint hich wos warranted to p crops of amazing fertility. The jodge wax — and lau his own theories to io outs
was capti' the superior virtoe of this tiliser, of Nhich Be hea procured some fold all the nated ‘Seaels te hae neighboarhood prize he had got, and the vast profits which were naw within their reach. Qne stupid farmer, however, waa very incredulous, and shook his head at the iden Mea of suche
great results from a small packet of powder. Bat the
i gilt
MORE ABOUT RECREATIONS OF LAWYERS 685
judge silenced him with this reply: © My good friend, mch are the wonderful discoveries in science nowadays, that I should not be surprised if at some early date we may be able to carry the manure of aa acre of land in one of our coat pockets.” ‘The obstinate farmer retorted, “Very likely, my lord; but I suspect that when that time comes to pass, your lordahip will be able to bring back the whole crop likewise in your other coat pocket.”
COUNSEL KEEPING UP HIS REPUTATION AS A SPORTAMAN,
When Cobbett was living in Philadelphia, he was intimate with William Ewing, a barrister, who after a time bud ceased to enre for legal business, and spent his leisure in sportamanlike ymrsuita. They went one day tw shoot Partridge, and were Very successful, for, a8 aun was aetting, Ewing on counting his bag found he had ninety-nine birds ; whereupon, notwithstanding the late hour and his wife's anxiety that he should return home punetually, he told Cobbett that, as he had never missed a shot, he was determined not to leave the ground with- out making up his bag to the round number. He soon
ot another shot in the dark, and immediately declared ¢ had killed the bird; which Cobbett assured him was a delusion, os he had seen the bird fly off, and it was now calling from a neighbouring copse. Ewing, however, was indiguant at being andeceived, aud reiterated his firm belief that the bird was dead; and he proceeded then and there to search the spot, which he did over and over, but without anccess, He felt so mortified at not finding the bird, and 20 incessantly searched abont, to the disgust of Cobbett, that at last, when the gnest’s back was turned, Cobbett observed his friend slyly put his hand into his bag ond pull out o dead bird, and chive dt 10H, fhe greed: “YPN opiate! couBNal eb suddenly called ont to Cobbett, with an exclamation of delight, that he had at Inst fonnd the bind, bad been sure he could not be mistaken, and was now ready to retire from the field. Cobbett afterwards moralised over this incident, and Ismented that these rabid sportsmen, instead of lavishing praises on the beantiful action, the
686 CURIOSITIES OF LAW AND LAWYRES,
zeal, docility and of their pointer, q sary wan the ellis ol ple amps hey ba 7 over thelr brother sportsmen of the day.
EMINENT COUNSEL AT COURT.
of honour once told him she had dismonds on her person to the value of 18,000,000 livres. She bad ® fine complexion, indicating perfoct health, and was a handsome woman both in her face and figure. Burke's description shows that he only saw her obese. says be had seen many beauties in France and
land and America superior to her.
2 lk 2 IP fi Ei it
i = + > z E & i 3 = 2) FF
cariosity of the Court, for he was pat in a middle of all the highest person: and t] at him with astonishment. The ine wi
gel eiE
d 2 EB e ea & 5
— 3 i 3. f z ETE
z U BE = E
is se
x3 aL fs z ie PP L a
5 i i e a el z Fee
at once. was all peirel like perfect clockwork ; not a of her , Hor ® motion of any part of her especially her arm and her hand, conld be critic! oot of order.
HL
COUNSELLOR DELAYED PROM A DINNER PANTY.
Curran, who al pactnal when invited to” inane palty, tal Teonived toe day a ayeckl
MORE ABOUT HECREATIONS OF LAWYERS, 687
Tut the patience of everybody was long exhausted, when the guests concluded he must have been drowned, and all the stable-boys went ont with lanterns to search for his body in the river, After many disappointments, a maid at Inst discovered him stark naked and shivering, in a bedroom where he had gone to take a bath. The Now- fonndland dog of the house was lying watching J im, und ready to spring the moment he moved, as it did not know him when stripped of his nsnal dress. He had been kept nt bay in this situation for some hours, and was afraid to stir lest the avenging guardian should selze him by the throat. At Inst the master of the house appeated on the scene, and rescued the naked figure from premature destrnetion, pat him to bed nnder a heavy pile of blankets, and administered brandy aud water hot, by which meana he waa sufficiently brought round to relate the hairbreadth escape.
EMINENT COUNSEE. CONSULTING TAR DOCTOR.
Mr, Curran, when troubled with some symptoms, had consulted Abernethy, then the most famous surgeon in London, at his residence in Bedford Row ; but he felt that, being uknown, he hnd never had an opportunity of fally explaining his case to that expert in surgery. Next visit he determined to have his say, and when interrupted fixed bis brilliant eyes on Abernetlh: anid: “Ar Abernethy, I have been here on eight different: days, and have paid you eight different guineas, bat you have never yet listened to the symptoma of my complaint. IT am resolved, vir, not to leave this room until you satisfy me by’ doing so.” The Doctor, atrack nt this determined air of authority, threw himself back in his chnirand assumed an attitude of resignation, snying: “Oh, very well, sir, Iam ready to heur you: go on, sit—go ont begin with the whole story, your birth, pedigree, educa tion, number of friends—the whole Diograpl ye then, not disconcerted, gravely began: “ My nameis John Philpot Carran: my parenta were poor, but I believe houest people of the province of Munster, where also L was born, being a native of Newmarket, Connty of
jollificati disrespect towards smc ich ting to the gl aio ai, qotedtonct
ae AEPOKT ABOUT A WIT AXD A SOOTEMAN. Adams, when dining pr dad etme ph a tae
Me Pan be cid cia's Beeena od wb mimicry astral tar ‘The wit attempted to divert himeelf by ask the Seot if he knew the immense distance to heaves. It was so many millions of diameters of the solar system, and o eannon-ball would be so many thousand years in there! “I don't know the distance nor the time,” qi the Scot. ; “but Ido know this, that it will not take you a millionth part of the time to go to hell ! (fo
DANIEL WROSTRN AS AN ANOTER.
All his life Daniel Webster was a zealous When s boy of five, his father ouce tied a hazel rod, gave him s crooked pin oud a worm, , him where to sit on the rock and where to throw the:
it. His onl iy exploit
we
MORE ABOUT RECREATION OF LAWYERa 689
The mystery was not capable of solution till it occurred to him to have the temperatare of the two rivera taken. The result was that the one river was warmer than the other,—coming ont of a lake, while the Merrimac flowed from the ice-cold springs of the White Mountain, and this latter was erred by the salmon as their place for spawning. He also noticed that the blue or tailor of Chesapeake Bay was fond of herring, and was the ony fish that masticates its food instead of swallow. it whole ; so that when a school of them passed, au oily scum on the water was visible, and which in tara told the fizhermen when the fish had arrived. He used to call the tront “the highway robber of the streams,”
EMINENT COUNSEL FERDING ON wisi.
Daniel Webster had an extraordinary passion for fish in every variety of condition— catching, cookingnad eating, It, was an event for any one of his friends to be invited to one of his fish chowdas at Marshfield. He trented the party to a sort of sonp composed of cod and other choice material, and he left his gueeta in order to sce to the proper cooking of this first course.
‘THR LAW OFFICERS SPORTING TOOERTHER.
When Sir Richard Bethell was Attorney General he had occasion to consult Sir Alexander Cockburn, then Solicitor General, a4 too leading law reform then pend- ing, and invited him to his country house, One mornin, both went out to shoot in the coverts along with Richar Bethell, the Attorney General’s son. Soon afterwards a how! of pain was heard from the keeper, who wws working with them a little way off. Iather and son thereupon
an altereation, each accusing the other as the author of the misfortune ; but the keeper, when asked who did it, savagely replied, * Both of “em, damn ’em 1” Next term time, when the ju and law officers met in consultation abont some Scan the Al General having made a little boas }, Aunonueing that his learned friend the Solicitor General agreed with him, and this being repudiated, Sir Richard replied, Ww Sox
~
690 (CURTOSITIES OF LAW ANT LAWYERS,
pecoliar! omniscient, mipci “You mast Weide nay deat Cockbara it wen tbs RGrRing FON know, that you shot my keeper!"
THR EXD OF THE COUNSELLON's Wan s1xKs
Mr. Crosbie, the Sooteh advocate who was the original of Connsellor Pleydell in “Guy Mannering,"” wns the most Joowerfil champion of the cause in the General <_
Assembly was a little social snd 1760. His zeal,
tion and ty eloquence were used to the
of the people to elect their own minister—t a
jaestion. He possessed a vigorous
» Somerville described him, being too mneh addicted to social festivity, be eank into inten habits, which brought him to his grave at an unti F age. The failure of the Dougins and Heron Bank made a deep impression upoa his spirits. As he had been a principal adviser in that speculation,
, and had « large ee iiscarriage nt once seemed to impeach bis penetration and him isto embarrasement. The
death universally lamented,
HXPLAISING A LEGAL PHRASE IN A RALL-ROOM.
A friend of Dr. Dibdin's begun his career at the bar liy trying to take the higher positions of the jon by storm. He had chambers in the Middle Temple, over looking Garden Court Fountain; aod be kept a in which he took his airing conspienoesly in Hyde aat the most fashionable hours. But, notwit
‘at Almack’s in the dance. A young lady being bis partn resin Ioecprea taf bers ge petra would im to explain which constantly poszled ber when realing the Inw Toporta her newspaper; and that was os to what was meant tha Court slwaye greatiog a rule aiei? The v,
MONE ABOUT RECREATIONS OF LAWYERS, 601.
votary of the Jaw at once smartly answered, “It means that if any poaticiens proposes, you need nob say * yes” unless you like it.”
COUNSEL'S OPINION ON FLEAS.
‘Curran had « perfect horror of fleas; uor was this very extraordinary, since these vermin seemed to show him peculiar hostility. If they infested a house, he sald, “They always flock to my bed-chamber when they heat I am to sleop there.” recollect once being dreadfully annoyed in this way at Carlow, and on making my com-
Jaint in the morning to the woman of the honse I told her, “Madam, they were in sneh numbers, and seized ‘upon my carcass with so much ferocity, that if they had only been wimimous ond all polled one way they must have dragged me ont of bed entirely.”
EMUNEST COUNSEL A CKACK SHOT.
When Daniel Webster and friend were trovelling throngh Ohio, they stumbled on a jovial party of een farmers enjoying the sport of a turkey-shooting I. The eminent: connsel having ‘polled -up to. satis curiosity, was invited to try his hand, He did ao, pi out a good rifle, examined it scientifically, then sent his ballet throngh the eye of the target. The biggest turkey ‘Was as a tuatter of course presented to him, and the bucolic mind almost worshipped the grent unknown, who had so clearly established his superiority. ‘The farmers inyisted on his dining with them, and having some euriosity to know their guest's name, were set right by the amicus curie. They opened nll’ their eyes when they remem- hered that this was the man who delivered the famous speech in Congress, nud their mirth and admiration grew fast and furious. They insisted on a speech
reat man, and a speech they got; and they were so Hetighted that they al rode twenty miles with him aa a convoy to keep him company. Thuy had previously pressed him hard to try another erick shot, but the experienced counsel was not to be indeed te Ward She
692 CURIOSITIES OF LAW AND LAWYERS.
ion. They all vowed, however, to vote for him ee ia wioaee aah eltony ce
KMINENT COUNSEL IX BED WITH A PHILOSOTIER,
In 1776 Jobn Adams, Franklin, and Rutledge, went to have # conference with Lord Howe, travelling many miles. All the inns were swarming with soldiers, and at Branswick there was no alternative but for Adams and Franklin to oceupy one bed in a small room, with no fire
lace ned only one little window. Adams shut the Intter,
ing iemsive of colds ; but Franklin immediately declared they would be suffocated, and told Adams to
the whote theory of colds. The philosopher then opened
im by si some hours at a window with tai Bow iay teeter COUNSEL BERING SOLON AND SOFHOCLEN RMBEACING,
When John Adams wax on the embassy to Paris in 1778 with Franklin, one day, after dinner, they want to the Academy of Sciences, where D'Alembert pronounced
MORE AVOUT EKCRRATIONS OF LAWYERA 693
his eulogies on several members lately deceased. He says; Voltaire and Franklin being both present, » —— cry presently arose that those great men should
introduced to each other. This was done, and they bowel and spoke to cach other, This, however, was no satisfaction; there must be something more. Neither of our philosophers scemed to divine what was wished or expected ; they, however, took each other by the band. But this was not enough; the clamour continued, until the explanation came out: “Ib faut s'ombrasser b In Prana.” ‘The twa aged actors upon thia great theatre of hi phy and frivolity thereapon embraced ench other by hugging one another {n their arms and kissing each other's cheeks, and then the tamult subsided. And the cry immediately spread throngh the whole kingdom, and over all Enrope, “ Qo'il était charmant de voir embrasser Solon et Sopliocle !” (What a charming spectacle to see Solon and Sophoclea embmeing each other !)
‘THE COUNSELLOR AND IIs MOST DEVOTED DAvGNTER.
Aaron Burr, a famous New York lawyer, hod the most adventurons career of any eminent counsel. Till twenty- four he was in the army, and became o brilliant captai of the sconting division, full of daring, aod a skilful commander of men. When he took to the law, in 1780, be carried out the same tactics, and it is said only took cases he wis sure to win, and so never lost one, the mastery of practice in condnoting the cases being his forte. He had vanished now and then, when a trooper, on # lover's expedition across the Hudson ; and, instead of swimming, he took his horse, by skilfally disabling it, across in open boat, and made swift journeys to and fro. When a lawyer he married the widow he had courted, who waa ten years his senior; but it was all honeymoon for the twelve years more that sho lived, and thelr danghter, Theodosia, was a poerless creatnro, tho pride of his Tite, and her filial piety excelled all that is written in story. When he had become a lending counsel, and rose to be Vice-President of the United States under Jefferson, he had a duel with his rival Hamilton, and killed his man. His adventures thereafter, when he waa,
OM CURIOSITIES OF LAW AND TAWYRRA
hunted through the deserts of the West, and ultimately tried for treason while toe Bay of Mexico
i and eon wax the reward of his life. She had married well, und
pialey never again being seen or heard of. Here isa gem which this matchless danghter wrote to ber fathers "T witoess your extraordivary fortitnde with new woader ot every new misfortune. Often, after reflecting on this subject, you appear to me so superior, so elevated abore all other men—I contemplate you with such m strango a RS Spek adnoiration, eee love and pride—that little saperstition would necessary to make me tes you see ropirier boing, such enthnsi~ nam does your character excite in me. V Tafterwands revert to myself, how insignifiennt do my best qualities © ri My vanity smonlt be greater if I had not been
peed se near yous aud yot my pride ix onr rl
had rather not than not be the ter of snch & man.” Burr ended his days by resm praction in New York, whore he died, aged eighty-two.
COUNSEL WEARING STATE.
Pinkney, who was a leading counsel in 1815 in the Supreme Court, had the ambition to be a dandy, aod at the age of fifty wore corsets to diminish his bulk. He used to smooth and soften hisskin, Yot he was a cogent, forcible, learned argacr of the most weighty canses, and had no artifice or affectation in his style of speaking.
COUNSEL'S KEAPROT FOK A CATHEDRAL
When O'Connell in 1834 first. visited Se eg! Cathe dral, be asked the verger the exact spot where the foll
MORE ABOUT RECKEATIONS OF LAWYERS. 695
martyred, and on reaching it he knelt down and kissed the stone which had received the life-blood of Thomas i Becket, who was one of the most valuable of English patriots, in the estimation of the Irish counsel. verger, in horror at this proceeding, whispered that he would be dismissed if the Dean heard that he allowed any Popish work there. O’Connell, knowing how to console him, asked his fee; and being told it was a shilling, gave half a crown, saying that the one shillin, and sixpence was for his fright. The verger thank counsel, and after carefully looking ont, and all round the grounds, whispered again: “ Ho's not there, sir: you may kiss it again for nothing. When areal gentleman comes, L let him do as he likes, for I am very liberal.” Counsel was inclined to think this gratitnde was a lively pre~ sentiment of further fayours; but, remembering that he himself had been all his life a bit of o rebel, he felt he must let the Jonorarium rest under the crown.
COUNSKL'S OPINION ON MUMAN SATURK.
When Mr. Bothell entered the House of Commons, in 1852, having then become known for his great practice in equity and his sharp sayings, 1 member went up to muke friends with him, and in course of his talk remarked ‘that society now was made up of strange elements. Mr. Bethell replied, “ Well, my experience conetrainy me to say, that the world is made up of but two classes — the fooliah and the designing.” “Ab!” responded his friend, “that, I fear, is somewhat narrow; for where in that cage shall we two find a place?” “My dear friend,” retorted conusel, “the simplicity of your inquiry convinces me that we shall not be found in the same lobby when that division comes ou.”
696 CURIOSITIES OF LAW AND LAWYERS,
CHAPTER X. (continued).
MORE ABOUT THE LORD CHANCELLOR AND THE GREAT SEAL.
(See ote, p. 37%) HOW CHANCELLORS APFHAN TO LATTRE-DAY PROFITS
Carlyle says: “The lawyers ot Honey ee onr pontiff, the highest pricsts we have. A poor weather-worn, tanned, curried, wind-dried, human creatare called a chancellor—all or ulimost fete to horechinir aod oficiaity —the whole existence of him tanned by long maceration, public Bears ti ond tmauipulstion, to the ness of leather. Not lovely to me is the leather ies of men, to whese tanned soal God's universe has become a j angling logic cockpit and litthe other. The wretched tanned chancellor, too, I arn. fs ay nequainted with the art of lyiug—
his trade, as I have been informed, ix the talent at Jying 5 in « way fat cannot be laid hold of: » dreadful trick to learn, Oct of snch & man there cannot be expected niveh ‘revelation of the beantifal,” 1 should say, From the time of Chancellor Bacon downwards (and } that your chancellors are dark to you aa the Maftis of Constantinople), I challenge you to tae we one chancellor for whom, had the wigs, reputations, etc., been peeled off him, you ph fiven bis weight fn Smithfield beef, sinking offal !”
ON THE RIGHT ROAD TO THR CHANCELLORSMIP,
Sir Christopher Hatton, Vice-Chamberlain, whether with or without an to the main chance, wrote, seven years before his appointment, this dutiful letter to Qaeen
a
MORE ADOUT THR LORD CHANCELLOR. — 697,
Elizabeth, his ¢overeign: “I most humbly, with all dutifal reverence, beseech your sacred Majesty to pardon way preyamption in writing to your Highness. Your
ingly benefits, together with your moat rare regard of your simple and poor slave bath put this passion into me to imagine that, for so exceeding and infinite parts of ongpeakable goodness, I can use no other means of thankfulness than by boing the knees of my own heart with all humility to look upon your singular gruces with Tove and faith perdarable.
“T should gin, most ee Sovereign, against a hol
-ghost most damnably, if towards your Highness I shoul found unthankfal, Afford me the favonr, therefore,
most dear Lady, that your clear and most fair eyes may read and register these my duties, which I beseech our God to reqnite you for.
“1 hope your Begins will pardon my nnsatisfied humour, that knoweth not how to end such complaints as are in my thonghts ever new to begin; but duty shall make me leave off to cumber your henven-like eyes with my vain bubbling. Would God I wore worthy to write
“Your bonnden slave ™ Cun, Harrox.”
CORRECT TITLE OF LORD BACON
Mr. Spedding, the biographer, observes that the practice had been to call Hale and Coke Lord Hale and Lord Coke respectively, thongh hey, had been le knights, while holding the office of Lord Chief Justice of England. Bacon was knighted before he was Attorney General, and was Chancellor to the Prince of Wales Yefore he was appointed, on March 7th, 1617, Lord Keeper of the Great Seal. On March 14th, James L, by warrant, granted to Lady Bacon Sarawiet next to ths wives of Barons, In Jannary 1618 tho Lord Keeper was made Lord Chancellor. On July 12th, 1618, he was created Baron Verulam of Verulam, and so continued while he was Lord Chancellor; yet he has never been called Lord Chancellor Verulam. Sir Thomas More naed to be called Lord Chancellor More, but never Lord More, ‘And Bacon's father, Sir Nicholas, was called Lowt Keexex
Fi
Ba ieaek
fe ae
om
|
Peat at Hh ean
proposed
iter to the brother of 1, she in her fury, accoay
vow athe deo sph as
conld nat,
told y lady
my Ip *" wit felted ba Keeper's referred
aia aif i
MORE AROUE THE LORD CHANCELLOR, 699
affrighted him that he called his men to him. And they opening the door, she thrast in with them, and dosired his lordship to pardon her boldness, but she was like w cow that had lost her calf; and so justified herself and pacified my lord’s anger, and ie his warrant, and my Nalccoennti'g warrant, ond others of the couneil, to fetch her daughter from the father and bring them both to the council.
THE GREAT CHANORLLON'S @KULL.
Bacon had a most attached and fuithfal friend, Sir ‘Thomas Meantis, who erected a monument at his own cost to the great Chancellor. Lestrange says, that these two were not divided even after death, for Sir Thomas ending his life about twenty years after, it was his lot to be inhumed so near his lorl's sepulebre, that in the forming of his grave part of Bacon's body waa exposed to view. ‘This was eapied by a doctor of physic, who demanded the head to be given to him, and did most shamefally disport himself with that skull, which was somewhile the continent of so vast treasures of knowledge,
LORD OHANCELIOR AT THE KING'S FONERADH
Lord Keeper Williams, the successor of Bacon, attended most assidnonsly at the death-bed of Jamus I. and being a bishop, whatsoever belonged to Church oflices about the Royal exequios, fell to his part afterward. “Hoe preached,” according to a contemporary, “tho sermon at the magnificent funeral ont of 2 Chronicles ix, 31: “And Solomon slopt with his fathers.” Ont of which text he fetched two Solomons, and matched them well together. And I conceive he nover studied anything with more care to deliver his mind apud honores, exactly to the truth und honour of the King. He inquired after the sermon which Bishop Visher made ot the faneral of King Henry VIL, and procured likewise the oration which Cardinal Peron made for King Henry LY, of France, These he laid before him to work by, and no common patterns. "Tis useless to blazon this sermon in the Quarters: take it altogether, and I know not «ho
700 CURIOSITIES OF LAW AXD LAWYERS
divine and homan And the more ages to come that will study him, the more they will renowa him.”
LORD KEEPER'S SRRMON ON THE DEATH OF KINGK
Lord Keeper Williams’ funeral sermon on the death of James I. certainly shows a far higher than Lord Ekdon's inaue birthday ode to his lovely oh ‘api one or two sentences deserve to be noted. The text
neither, unless he be a king of peace—which eannot David, o man of war, bat only Solomon ; no ki peace neither, the more is our grief, alive and in bik throne, and therefore it must of necessity be the fonerals and obits of King Solomon. . . - Thongh kings be anointed
r Ins er fashion _ our sweet james. jomon was ¢] grentest patron we
‘of to Church and Churchmen ; and yet no bie
the honse of confess, than King
ith ambassadors from
i : ' 3 i 3 i St
MORE AMOUT TI LORD CHANCELLOR. Jol
Solomon beautified very much his imperial city with buildings and waterworks : so did King James... . If we look at home in his own dominions, never were the benches so gravely furnished, never the Courts so miltingly frequented, never rich und poor o equally righted, never the balunce so evenly poised, ux in the relgn of our late king. .. . He was as great a patron of the maintenance of the Church ws ever 1 read of in any history. Ho might well say, with David for bis other kingdoms, ‘The zeal of Thine honse hath eaten me np.”
THE LORD CHANCRLLON'S POLITENESS TO THR ASTROLOGER.
Lilly the astrologer, of whom Charles I. said there was nobody in Europe who kuew more about thnt business than Lilly, says: “In 1664 I hada long and tedious lawsuit in Chancery concerning houses. We came to a hearing before the Master of the Rolla, Sir Harbottle Grimstou, where I had the victory, but no costs given me. My adversary, not satisfied, petitioned that most just and hononrable man, the Lord Chancellor Hyde, for o rehearing his cause. His lordship most judiciously hoard it with much attention, and when m: adversnry’s counsel had urged those depositions whi they had gainat. me, his worship stood up and said, “Here is not a word against Mr. Lilly.’ 1 replied, ‘My lord, I hope I shall have costa ?* ‘Very reason, suith he. And so Thad; und at ay. departure out of court he put off his hat, and bid, ‘God be with your?”
A ROYAL GIFT TO A LORD CHANCELLOR,
When Charles LI. ascended the throne, one of his first acts of generosity was to send a grant of ten thousand acres to Lord Clarendon, which the latter at first declined ‘on nccount of the euvy it would excite. When the King was told of this, he said, “ Well, my Lord Chancellor is a fool, for all that wise head of his: Does he not know, that it is better to be envied than pitied ?”
702 CURIOSEITES OF LAW AND LAWYERS
A PROPLIGATE CHANCELLOR JOKING TOR XING.
Lond Chancellor Shaftesbory had always been a favourite of Charles IL, and could be as witty and as the rest. On one occasion Charles placed his among the loceest of his pol attendants, “Shaftesbury,” said the King, “I verily believe thon art the wickedest dog in England.” “ For a subject, your Majesty, I believe I om,” was the ready retort.
NOW CHANCELLORS UESiGN WITHOUT DISGRACE.
In 1674 Lord Chancellor Shaftesbary was to be dire missed, and his political enemics assembled in the King’s ante-chamber to witness and triamph over his fall. Shaftesbury, who observed this, resolved to ive them
ir to be dismissed contempt. “ Codsti y” replied Charles Ta "I wll
Having conversed for a length of time upoo gay apd amusing opie, his advereates, wha ha Meee ‘il the while on the rack of expectation, were at length groeted with the sight of Charles and his Chancellor issuing forth together, apparently upon the best possible terms, His ex) seccessor and enemies were comfoonded nod strock dumb, and conelnded that. after all Shaftesbury"s was made. After enjoying his tricapl the exe Thancellor returned the seals privately to the King.
A CHANCELLOR TOASTING A PROTOUND STATREMAN,
When Harley, fs 1705, took some leading Whigs tnto his cnbinct, to make thens all irresistible, he gaye a little state dinner to celebrate the feat Fond ‘Ceanellor Cowper doseribed occasion: * On departure: of Lord Godolphin, Harley took a glass and drank to lore and friendship and everlasting union, and wished be had more Tokay to drink it in; we had drank two bottles,
= |
NORE ABOUT TE LORD cmaxcentor. 703
Rood, but thick. I repliod, his white Lisbon was best to rink it in, being very clear. I suppose he apprehended it (as 1 observed most of the company did) to relate to that humour of his, which was never to deal clearly or openly, but always with reserve, if not with dissimulation or rather simulation; and to love tricks when not necesaary, bnt from an inward satisfaction in applanding his own cunning.”
‘THK KING TRYING TO TAKE THR CHANCELLOR'S PATRONAGI.
Lord Chancellor Cowper, in 1706, had promixed the Queen (Anne) to present as she directed to all the valuable church livings. The Archbishop warned him that it would be under worse management than the late Chancellor's servants, by the importunity of the women ‘and other hangers on at Court.
In 1727 Lord Chancellor King says : “ When the King (Gearge 11.) came to the throne, he had formed a system both of men and things, and to make alterations in several offices us to their power, and particularly as to mine. He told me one day that he ei to nominate to all benetices und prebendaries that the chancellor usually nominated to. I told him, with grent snbmission, that this was a right belonging to the office, annexed to it by Act of Parliament and immemorial naaye, and I hoped be would not put things out of their ancient course. He told me my lord Cowper told him, that in the latter,part of his chancellorship in the Queen's time he laid before the Queen a list of all persons whom he recommended to benefices, that she might be eatisfled they were good chorchmen, I did not give up this point, bat directly desired him to consider it ; and afterwards, at another time, he told me that I should go on as usual.”
A CHANCELLOR ON MANAGING THE KING.
Tn 1729 Lord Chancellor King says: “The Premier (Sir R. Walpole) let me into several secrots relating to the King (George IL.) and Queen : that the King con- stantly wrote to her by every opportunity long letters of two or three sheets, sa generally of all his action
704 CURIOSITIES OF LAW AND LAWYENS
and what he did every day, even to minute things, perticaleriy'of all his love’ affairs and the rmmneeist ment Sabie) pare grr a position to do what s! ired, returned as ‘and even of bis love affairs and of the he named ; uot scrupling to sny that she was (pos etsy yews vas ery ling women, and she was ¥ have the beat of them. By whieh means at subserviency to his will she effected whatsoever desired, without which it was impossible to keep him ‘any bounds.”
aod the dis-
a;
A THEOLOGICAL LORD CHANCELLOR DETEKIORATING,
Before Sie Peter King was made Lord Chancellor, mixed very mach with the clergy, and set np = sort of rivalry with them in their own fession. This led a simple clergyman like Mr. Whiston to rely on the eminent. Inwyer for old acquaintance’ sake to do s good turn to the order, Whiston ays, in 1749; “ I once under took from my old friend the Lord King, when be was eo et Lord Chancellor, aud fe #0 Fees in his gift, to get his patronage for publishing Bishop Lloyd's Bible Commentary. Bat upon my epslicaties to him, I found so prodigious a change in him, such coldness in the matters that concerned religion, and an enrnest inclination to money and power, that I gave mp my hopes quickly. Nay, indeed, I soou perceived a disnosed of le, pectermenta’ almost. wholly ab Ea request of such great men as coald best sapport his high station without regard to Christianity, and I soon east off all my former acquaintanee with him. Sowa be thats if each » person as Lord King, who began so sacred learning and zeal for primitive Christianity, os his firet work, ‘The Inquiry into the it Discipline, Unity and Worship of the Primitive Charch,’ showed, was 60 soon petpoaaiypervestae by the love of power and moeey at Court, what good Christians will not be borribly affrighted at the desperate hazard they jnost run i they venture into the temptations of a Goort — *
z=
=
MORK AROUT THE LORD CHANCELLOR, 705
A DOUBTING AND PHOCKASTINATING CHANCELLOR.
Lord. Hervey snys there was something very singular im the fortane of the deposed Chancellor King, ‘a8 he wax perhaps the only instance that could be given of a man False from the most mean and obsenre condition to the highest dignity in the State, without the malice of one enemy ever a to insinuate, that the eters of his friends in any one step of this rise had pushed him
nd his merit. He was made Chancellor as much by
the voice of the public as by the hand of power; but his entrance on that employment proved the vertical point of his glory, for, from the moment he possessed it, his repatation, without the least reflection on his integrity, began to sink; and had the seals been taken from him even before his imbecility, occasioned by his apoplectic Bokiewonidihers een with tecama\unkrered ones bution with which they were conferred. Expedition wax never reckoned atnong the merits of the Court of Chancery, but whilst Lord ae presided there, the delays of it were in table, He had snch a diffidence of himself that ho not dare to do right for fear of Brine wrong. Decrees were always extorted from him, and he been let, alone he would never have given any suitor his due, for fear of giving him what was not so. This actual injustice was all he avoided to commit, never reflecting thnt the suspension of justice in keeping people long out pathhe tautas wean negative iniary jalnbsciea to ab the total privation of it, His understanding was of that balancing, irresolnte kind, that gives people just light enough to see difficulties and form doubts, and not enough to surmount the one or remove the other. He brought equity to a stand, aud was got rid of with a pension of £8000 a year,
TWO STRONG CANDIDATES FOR THY ONRAT SEAL.
Lord Hervey sayy that in 1734, when Lord Chancellor King and Chief Justice Raymond vacated their places, Sir Philip York und Mr. Tulbot were destined to sneceed; bat the voracions appetite of the law in those days was 20 keen that these two morsel without any addition were
Ay
706 CURIOSITIES OF LAW AND LAWYERS,
not to antic the. fara oesne eee Here iy the ny "Yo ig ret fe an bad cenaty
Se ear a ‘an exes! er wm common Inw, if he as-08 Lori Chaneellor, would be
it secretly to the Queen. She insinuated it to (George 11.}, and the King proposed it to Sir ar kaa i r mantel
‘as clear, separating, distingaishing, snl rts as ever man hod. Lond Handwie ‘s
delicate, bat no man's were more forcible. No could make more of canse than Lord Hard und no one so mach of a bad one as Lord Talbot. ove had infinite know! , the other infinite they were both exeellent, bat very different; both retin bats Catd slacks as nll oa
ic capacities, good rs as as Upti; Fi j, and both esteemed all Bade a temper and integrity as for their knowledge and abilities,
iFpee i tee
foe
A CHANCKLLOR'S FINST DAY'S DISAGEREABLE DUTY.
a resolved, ‘er, to send o message
to the Prince, and Wodeg a be delivered some officers of State. ie Message was to the King, after hearing of this undutifal be
could not consent to angment the inne nn
to make the present income ' Harechect one, itis doemar Ces ted aitol ea
a
MORE ABOUT THE LORD CHANCELLOR WT
Tord Chancellor, the very first eho received the great: seal. He had complained to Sir Robert Walpole bitterly at this aingrecoblo dnty being thns put on him. When the Chancellor concluded, the Prince, after a momentary panse, inqnired, “My lords, am I to give yon an im- medinte answer?” Lord Hardwicke replied, “If your Royal Highness pleases.” After some other formal words the Prince said, * Tam sorry for it, but Fair is now in other hands.” ‘The next day Mr. Pulteney moved an uddress to the King containing the Prince's application ; und though it was deemed by the King most insulting, it very nearly passed, the vote being 204 for and 234 ngninst it.
BX-CHANCELLOR DABBLING IN PLAYS AND rorrny.
In 1774 Lord Cumden, ex-Chancellor, writes to Garrick: “Thave been employed, since T saw yon, in reading Ben Jonson, for us I huve waked generally at five o’eloek in the morning, I have spent three hours every day in. bed in re-perusing my old favourite. I ui beyond expression charmed with the dramatie powers of that author, whose genius is equal to his art. Ben was w great
nits, but no poet. Shakespeare was divine in both,
jongh, in my opinion, his poetic faculties, as I have more than once ventured to assert to you, are the most astonishing. Bot what am I aboot? Venting my own idle criticizm to the greatest judge as well a3 actor of these compositions. A common lawyer at my a= dabbling in plays and poetry! Burn my letter, and conclude it to be the delirium of the jaundice. I was in some expecta- tion of meeting you last Gai at Mr. Dunning’, but
ou are too mach in request to be had upon short notice, ¢ idol popnlarity, that has ruined my fortnne ond made yours, will yet spoil your constitution, for perpetual feasting and riot will break: you down ot Inst, and you will We demolished, though you are stronger than Nattall.”
In 1778 he writes: “1 have been much alarmed hy an neconnt in the papers of your baving been ill, aud T cannot be ensy till I receive an account of your health
confirmed ese own hand. I have arrived at a time of life when the loss of an old friend is ixceyarst\e, wo
708 CURIOSITIES OF LAW ASD LAWYERS.
however it has happened that we have not met, often se formerly, my friendship is as vec a J am sure there is not one among your large catalogue of friends who is more affectionately yours than Caupey.”
A LORD CHANCELLOR IX AN OLD COAT.
‘When Governor Hutehinson, from Massachtsetts, was in England in 1775, during the American troables, and meeting all the statesmen of the day, he dined with some bi says: “ Upoa Gre) Maile een sie ROS of the nobility |
lo appear In & morn in & mean
ae how long it had prevailed. rie answered,
it had been general bat = fow years, The in some instances had formerly affected it ; that the Duke of Grafton's grandfather went once into m ‘a house #0 meanly dressed that the maid, looking surly, told him to stay in the entry till she coald know whether her master was nt leisare. The Deka vey please the maid's mistake, and clapped himself on servants’ bench whilst the maid weat in and told ber master there was s man in the eotry who wanted to speak with him. She saw something white pon his coat, and believed be was a ticket porter. The gentleman went into the Fest bey found the Dake of Grafton, with his star npon an old shabby cont, sitting like one of the servants.
“ And the present Lord Chancellor Bathurst, ina shabby coat and by person, lately met with me the same = | treatment from another gentleman's servant, j
“ At that date, every Sunday eveniog, Lord Chancellor Bathurst and Lord Chiof Justice Mansfield received com= |) pany. Each set tarried about a quarter of an hour and then went off, but made it a rnle not to leave the room
jaite empty, until it was so Inte as to be proper for all
company to quit,
‘THE RIVAL CHANCELLORS OUTRIDDING EACH OTTER,
In 1788, when the King becamo suddenly insane, F the ‘aader of the “Whtge swan a aly, and =e
MORE ADOUT TIE LORD CHANCRLLOR. 709
for by express. The Chancellor Thurlow was, and had for some time been, thwarting Pitt his Premier, and notoriously intriguing with the Prince of Wales, with the view of contin Chancellor in any event. Tiengaibowongs was/thno Ohlet dustioe of the Common Pleas, and liad Jong been impatient to have the great seal. He thought his opportunity had come, he drew up 8 paper, taking the precaution to write it oaly in peneil (bat. it is still preserved among the Rosslyn papers), in which he suggested that the Prinee of Wal Imight, ‘24 next heir, seize the regeney by his own act and withont, 4 authority of Parliament. Fox, thongh a snpporter of the Prince, never dreamt that the Regent conld take possession withont the anthority of Parlia- ment; and when he retarned from Italy, and heard of Longhborough’s advice, he was horrified, and nt onee repudiated it. Lord Loughborough thereupon tacked abont, and followed his chief, and a few weeks Inter rose in the House of Lords, and solemnly disclaimed ee ever held the unconstitutional doctrine in ques- tion, knowing that the document was in pencil and in his own drawer. ‘The Ministers, however, had heard of the paper, and were prepared, if Loughborough had taken the slightest step to avow that doctrine, to arrest him for high treason and send him to the Tower. The perfidy and utter unscrupalousness of the Chapcellor that was and the Chancellor that was to be were about
ually matched, and posterity has ratified the distrost which most of the contemporaries had in both those dignitaries.
CHANCELLOR'S APPOINTMENTS TO CHURCH LIVING.
A Welsh curate, heating of a vacancy, hastened to London, aud waited on Bishop Porteous, requesting his influcoce with Lord Chancellor Thurlow. “ You are pot aware,” observed the Bishop, “that Lord Tharlow and I ureon bad terms, and that a worl from me will do you harm.” “But,” answered the Welshman, ‘will ir lordship allow me to make use of your name if I think it will do me good?” The Bishop assented ; and the cnrate, having procured an interview, wax wery wo
710 CURMSITIRS OF LAW AND LAWYERS.
patooly received by the Chancellor, wake ee ‘f ee this application?” Tho answer
mig!
the Bish of London, to interfere with my patroe~ age F ‘You shall not have the living 1"". The Welelaat, in a desponding tone, rejoined, “The
he? then yon shall have the living.” And his lordship rec ranar governing gy
HOW TO GRY THE SRALS FROM THR CRAXCELLOR
When Lord Thurlow had so disgusted Pitt that the Intter at last obtained permission of the King to deprive him of the seals, it became w serious question who woukd ader+ take the “formidable task of demanding them in Mr. Dandas undertook it, and with the fol expedient. He sent n note, the night before, to the Chancellor, informing him that he proposed to. have the honour of breakfusting with bis lonihip next day, ore baring ery paticalar business to settle with him," On hasan Lord Thurlow said to him, “1 know the beerige kr. are come about: yon shall have the bag I there they are (poluting to a side table), and here ix aoe bene breakfast.” They sat down sociably to their coffee, and Dundas reported that he had never found the ex Chancellor in better humour.
THR CHANCELLOR'S BROTILER MADE A HESHOT,
The brother of Lond Chancellor Thurlow was a elergy= mau, and hia lordship soon took care to let it be knowa that his own hooour required that there should be tuction.. Lan Nortb, having the fear of the Chanealae
brother was appointed Dean of Hochester, Lord Thurlow returned an answer, expressing his thanks to the minister brother aly ‘of Rochester. Lord North
a Ei aa iS a Ege F
miauie. Yas porstta hares soon neue Rana
=|
MORE AROUT THE LORD CHANCELLOR, vel
the Dean was made Bishop of Lincoln, and afterwards of Dorham.
The chief merit of Mr. Thurlow, the clergyman, up to that time that he had planted some sin the sonthern angle of the mendow at Magdalon College, Oxford. When he became bishop he one day dined with his brother the Chancellor, and venturing to make: some remark, was silenced ut once with the remark, * Bat your fish, Tom.” After dinner the guests were talking of some proposed measure, and Tom yeutured to observe that he was sure the bench of bishops would not approve of it, On this remark the greatjadge replied emphatically, in his favourite style,“ Dn the bench of bishops 1”
HOW A LORD CHANCELLOR Los His BAT,
Tn 1788, when George IIT. became insane, politicians were divided as to whether the Prince of Wales was entitled of his own authority to become Prince Regent, or, if not, whether he onght to be put. under restrictions. ‘The Prince, on the doctors being sutistied that the King was insane, went to Windsor and took the management of wfiairs. ‘Thurlow, the Chancellor, was then and had long heen keeping himeelf in sulky allegiance to Pitt the Premier. The Prince, the first morning, sent for Thurlow to attend him at Windsor, and they ‘tad a xecret con ference. Next day Pitt was sent for, and they had a conference, Pitt being disposed to have an Act of Parlia~ ment passed to put proper restrictions on the Prince. The Whigs were snpposed to be all on the side of the Prince being provided with full powers; and some of them suggested, that Thurlow should take up the same side and counterwork Pitt. For some time the enbinet councils were held at Windsor, and it was noticed that Thurlow often slipped away and had private interviews with the Prince afterwards. One day Thurlow had gone down earlier than the other members of the cabinet to attend w council ut Windsor. After the council wax over, the armogement. being that Thurlow was to retarn in the carriage of one of the other ministers, it was noticed that, at the moment of departure, the Tord " hat was missing. The carriage being kept wait
PROFLE KEIT IN THEIR PROPER PLACE BY AN EX- CHANCELLOR.
Lord Thurlow, in bis later years, resided at ‘The Prince of Wales having gon down to remembering the old C! , invited him to bat, knowing what manner of man he was, took occa- rion beforehand to propitiate
[ F i £ é : :
deference, 1 humbly conceive to be your Hi ‘s somatic cc mbt poor table I Seg let ——
AS EX-CHANCELLOR IX PURSUIT OF LONGEVITY.
Lord Camden, ex-Chancellor, writes, in 1778, to his friend Garrick : “Give me leave to inquire after your health and Mrs. Garrick’s, for we of late have lived ata strange distance from cach other. 1 am so retired from the world thnt, now in the elose of my life (age sixty-ti i being grown too nice to be satistied herent aed ih among the nobility, whereas
if courted th e jit oases onus bipkaticns 4p WiC roca
i 5 i
MORE ABOUT THE LORD CHANCELLOR. = 718
read it again with attention, Ef you have not, begin it immediately, I think hia disconrse is demonstration. I had, in great measure, adopted his plan before I saw the teal eh has now confirmed me. fe
“1 hope you wil it as Ido under the prec reat then et aieee expect to meet at Phen sd in the next centnry.”
Lord Camden died in 1794, aged SL; Garrick died 1779, aged 63.
A LORD CHANCELION MEETING A GHOST,
Lord Buchon told Lady Davies that his brother, Lord Chancellor Erskine, on one occasion, haying arrived in
dinburgh, was surprised to meet an old butler of his father in one of the main streets, looking exceedingly ill ond pale, On inquiring what had bronght the butler from his master’s country seat, the butler #aid he had come to scek his lordship’s assistance to recover a sum of money which was due to him from the steward of the Buchan estate, Tord Erskine told the batler to follow him into a bookseller’s shop quite near, and was about fo enter when he was astonished to find that the butler had disappeared. The Chancellor afterwards learned that the butler had been dead several weeks before, and that shortly before his death he had mentioned the matter of the steward’s debt to his wife, and assured her that she would get the money as soon’ as Lord Erskine came to Scotland aud could give him an interview. The Lord Chaueellor never doubted the reality of this apparition, and ofteu related it to his family.
A LORD CHANCELLOK'S BOWEL COMPLAINT.
Shortly before the coronation of George IV., Elliston, manager of Drary Lane Theatre, made o claim for hiv troupe of actors, who had always rejoiced in the name of His Majesty's servants,” to take rome part ia, that ceremony. ‘The claim was overruled, whereupon the keen= witted manager resolved to have a reproduction of the gorgeous scene daly represented on the stage, even oa
the occasion, and the equi seen mar
sien risianl leteleell a sight which engrossed the admiration of the town, and all the contemporaries were sntisfied such » had
who entered the theatre, |The actors who filled the seve! were 80 intoxicat wi their
Goch was culo and pesamed Ue-neron ofthe genoa he represented. One night, unfortunately, a leading member was obliged to send to King William Elliston the following official communication :—
“The Lord Chasertfor presents hint complicownts to Mr, Buiston, and regrets tat a swhien attack of the bowels peovouts hiss fulfl> ing his disties this evening.”
Tt was on this occasion that the trily regal attribates of Elliston shone forth and rivished all the beholders, Never were such dignity, snblime condescension, and beneficence #0 fuely attempered ; and oa one oveasion his Majesty was 80 touched with the loyal huzens which
voted him that be turned his beatific countenance to breve, od them in the famons words,
AN ABLE CHANCRELIOR DISCARDED BY HIS PARTY,
Lord Spencer, in 1838, told Ticknor that it had heen determined, when Lond Melbourne took office the second time, in 1834, that Lord Chancellor Brongham shoald be left ont, on the gronad that he would do mane eee any administration be be Laete of, than if be were an opponent, however, a Iii aueieethesk Ei enka Dae araleotiok te King personally, Lard Spencer tried to undeceive oe Totithe ecCtancallor wuslA not be approschaliant sobject ; and when the Queen came in, and he cold ne
sl
MOBE ADOUT THE LORD CHANORLLOR. 715
Jonger doubt why he was excladed from the m| he took what the party believed to be an unprineiplod and violent course. About that period also he showed a very disagreeable disposition whenever Jeffrey and Empson were on of, What strack Ticknor most, on i Brougham in 1838, was the marvellous memory of the latter. Ho remembered where Ticknor lodged in London in 1819, on what occasions he visited Brougham, and other small particulars, Such » memory for such mere trifles: mort rs noralmostineredible. Bat Niehbuhr had it, and so had Scott and Hamboldt. Ticknor framed a theory thereupon—numely, that much of Broughnm's success depended on this extraordinary faculty.
BROUGHAM IX TRAINING FOR CHANCELLOR.
When Jeflrey was Lord Advocate, he told Haydon that Brougham in his early days took strange turns of Jaxury and extravagance. He had a notion of giving
dinners, and, like the ancients, of perfaming his rooms. He would get all sorta of perfumes, 80 that when visitors came in, the suffocation was dreadful, and they were obliged to throw up the windows. Then he used to smoke hookahs and nse the hot bath at the same time ; and one night, being very tipsy, he smoked till he fell asleep in his bath, and was nearly drowned, He was fonnd sound asleep, with his lips just touching the water, and the water cold. This curd him of that indulgence. Then he nsed to make bets how he would come on the race-ground, and give a sealed paper to a friend before betting. Sometimes he would come on in & wheelbarrow; sometimes in a coffin, sometimes in a basket on a man’s shoulder; but he always won hix bets. When Lord Grey, coming into power, offered Brougham the Attorney Gencrulship, it was suid that Bronghum tore up the letter and said, “ That is my answer.” Jeffrey said he did not know as to that, but that a friend of his told Lord Grey that his salvation
ded on making Brougham Chancellor and Althorp Chancellor of the Excheqner, and these appointments were made the same afternoon.
716
rH
wn
hd
ie
tal
ay
er
Fi rit Hh a
3 e3 ah | i ; ae 7 xT ii
di
ie pa
A LORD CHANCELLOR FATROMAING A TORT.
Ban nea 35 3 ie , filles lite Pee in TH 1 pane He Hab
MORE ABOUT THE LORD CHANCRLLOR, wave
living for one in Rutlandshire ; but his lordship was not over-courteous, and refused, saying, * No, hy G—d, I will not do this for any man in England.” And yot, when the Duchess called in person, and renewed the reqnest, the Chancellor yielded.
LORD CHANCKLLOR AND A BISHOP IN A STUDIO.
Lord Westbury had ane encounters in the House of Lords with Bishop Wilberforce, of Oxford. They happened to be both present st the marrisgo of the Prince of Wales at Windsor, in 1863. When the Queen commissioned Frith, the painter, to paint the seene at charch, both those dignitaries required to be introdneed hs port of tho company, and sat for their portraits. When Lord Westbury one day went to sit, his eye ewught the portrait of the Bishop, and he at once remarked, “Abt Sum of Oxford. should have thought it im- possible to produce a tolerably agreeable face, atid yet erve nny resemblance to the Bishop of Oxford!” in the other band, when the Bishop took a sitting, and had noticed the Lord Chancellor's portrait in the group, he observed to the painter, Like him! yes: bat not wicked enough.”
SCORN FOR SCORW OF LORD CHANCELLOR,
When Lord Hldon was Chancellor, a young man, Campbell, ran away with a ward of Chancery, and on a proceeding in Court thereapou the Chancellor said it was a shame that men of low family should thns entrap ladies of high birth. © My lord,” retorted Campbell, “my family ia ancient and opulent, and none of them wns ever & coalheaver, or cos! t's nephew "—in allusion to Eldon's origin. The Chancellor never forgave this, and committed Campbell for contempt; and he was im- pruses, and remained in prison for thirteen years; and
was not till Lord Brongham became Chancellor that the prisoner was discharged.
=
m8 CURIOSITIES OF LAW AND LAWYERS
CRANCHILAOR AFYRONTHD BY THE LORD MATOR,
In 1831 Lord Chancellor Broogham de- Ligrsd Lis gre paesh cathe beet fang of the Reform Bill, which Lords Grey and ‘said wos: * snperhoman effort—that it nnited all the exeellencies of the ancient with there of modern oratory, and that the action and deli ‘were as much w as the speech itself. Lond Hol said that he net heard so fine any aren Soa td ese it
ip tl fons , when the Looden catertainel the ministers at the Massion Hoave, Lord Brougham was affronted because Lord Grey, the Premier, was called upon to return thanks for his Mi ministers instead of the Lord Chancellor. And when Lord Mayor gave the Lord Chancellor's health with a dowing pancgyric, he wonld not make any speech at all, and only retorned thanks in quite the ond my was #0 angry that the Duke of Richmond great difientty in persuading him not to propose the health of Paganini!
A NEW BROOM ON THR WOOLBACK.
Sydnoy Smith said: “ Look at the gigantic Brongham, sworn in nt twelve, and before six o'clock has a on the table abolishing the abuses of a Conrt which has been the curse of England for centuries. For twenty-five years did Lord Eldon sit in the Coort, sarrounded wit imisery and sorrow which he never beld up a ie alleviate. ‘The widow and the orphan cried to him aa vainly as the towy-erler cries who offers a small reward for a fall ‘The bankrupt of the Conrt beeame the Innatic of the Court, estates mouldered sway and mansions fell down; but the fees came in, and all was well, But in an instant the iron mace of Brougham shivered to atoms thia House of Frand and Delay.”
LORD CHANCELLOR CALLING COUNSEL A BUG, When Lord Brougham was Lonl Chancellor, in 1882, Bir Rdward Sugden in the House of Commons moved for
MORE APOUT THE LORD CHANCELLOR 719
certain retarns relating to the Conrt of Chancery. Tord ham next in the House of Lords thus noticed stance : My Lords, we have all read that itis this heaven-born thirst for information and its invariable concomitants—a selfdisreganting and candid mi most distingnishes men from the lower animal: crawling reptile, the wasp that stings, and from the x that fhin would but cannot sting iguishes us, my lords, not only from the insect that crawls and stings, but from that more powerful beeanse more offensive cren~ ture the bug, which, powerful aud offensive ne it is, after allis but- vermin. Yes, I say, it ix this laudable propensity, npon which humanity justly prides itself, which 1 have no doubt solely influenced the learned gentleman to whom Tallude to seek for information which it would be cruel to stingily gratify.”
THE CHANCELLOR CLIIBING A EIGN-POST.
‘One of the famous caricatures of “H.B." in 1 re presented Lord Chancellor Brougham as climbing a sign- tin w dark night in order to discover where he was, nd Plunket told Haydon that the picture was founded on fuct, One night Lord Brougham and Lord Planket had dined with the King, and they lost their way in going home. The postboy was drunk, and Lord Brougham got ont of the carriage, and, ns it was very foggy, climbed up the sign-post to spell oat which ras Lhe ett dizeotion:
CHANCELLOR VISITED BY ‘TH QUEEN OF HEAVEN,
De Thou, Chancellor of State, was son of the firat President of the Parliament of Paris, who was o judge esteemed as & model of every judicial excellence, of whom it was said that at seventy-five he used no spectacles, and was never a day il. His son, the diplomatist, met with a singular adventure when attending at Saumur on state business in 1598, There was a poor erazy woman in the town, who was the bntt of all the idle and mischievous street arabs ; und she, in searching for a place to lay her head one night, stambled into a house, and made upstairs dircetly to a bodchamber, the door of which she found
be Fic otis ad hon re
rown Of ie hoy, proceeded.
comfortable ree order to divest herself ani dry ber she down on the bed to sleep, the emi Chaneallor
E H fF
z BE f z
2 violovt I Ripert = horrorstrack to by the light of i hyrveace, s+ see, of the moon, a whic female in white s1 in silence on the of the floor. On reeovering his senses he asked this apparition, who she was; wherenpon, with a squealing voice, and fixing on him # piercing,
i FEE é
said sho was the Queen of Heaven. ie great magistrate,
5 i 5 a [ z : z 3 E F
rang the bell, and the servants soon informed him ot melancholy condition and history of this spectral ani averted the judicial frown. “This adventare was to Heary IV.; and when that King and his state were next, attending at vespers, and list the eboir singing the grand hymn Regina coli (* Hail, Queen of Heaven”), his Majesty could not
gl
?
7]
§
turning, with w significant look, to his trusty councillor.
HCONOMY OF A LORD CHANCELLOR'S WIFE. Lord Eldon wns, of professed to be, a sportsman iy
these occasions, for which he paid ity shins One
servant that Bob wns ready, “Why, bless me, Lord Eldon!” exclaimed Lady
MORE ABOUT THE LOND CHANCELLOR = 721
ont orders?” Next, addressing his lordship, “ You on! rode him to the Pea four times last year, so I
his shoes taken off, and have kept them since in my borean. They are as good as ever, and now these Foopls have had him shod again. We shall be rained at thi rate.’
FIVE CHANOKULORS AT ONE AND THE SAME TIME.
When Sir Edward Sagden was Lord Chancellor of Treland he made an la Yr ah to visit a Ionatic axylam in Dublin kept ae r. Duncan, but without previous notice given to officials, It happened that some
aon had sept word to the asylnm that a pationt was to
sent that day who fancied himself one of the judges, and that he was to be detained at theasylam. Sir Edward, on arriving, was told that Dr. Duncan was not at home 5 and the attendants, on being asked many questions by his lordship, did their best to humour him by answering these until the arrival of Dr. Duncan, who had been sent for. The Chancellor, however, on wishing to see over the house in the menntime, was told he could not do so in the absence of Dr. Duncan, whereon he said he would take a walk in the garden. This was also refased, and the visitor angrily said, “ Don’t you know, sir, that I am the Lord Chancellor?" Said the keeper, “Oh yes, of conte: we've four more Lord Chancellors here already.” This made his lordship farions, and they were prepari the strait waistcoat when Dr. Duncan fortunately arrived, and wax told with on air of trinmph, when he axked if the Lord Chancellor had arrived, “Oh yes, we've got him safe ; but heis by far the most outragcous patient in the honse.” As the Government had been dismissis some Repeal magistrates atthat time, which caused m excitement, O'Connell, with his rend wit, told the above story, ami applause, to his audience; 8! tin; TA HU TTordakly ‘nitat Nato cant stone tinal’ RUS visiting the asylom, and that this might very well account for his arbitrary dismissal of the magistrates,
HOAX THAT KX@OHANCRLLON WAS KILLED, Jn 1839 Greville says < Nothing has excited so much Ly
722 CURIOSITIES OF LAW AND LAWYERS
interest as the hoax of Brougham's pretemded cevcletn. peppery {for tarenty-fonr hoara§ el on
character, for the most part , except that in jez, Which was very able, but very severe, and not severe than true, As soon ax it was dis-
covered that he was not dead, the liveliest a was testified at the joke that had been playod off, the atmost anxict; a discover its origin, poke es
inl
aeslar rien tempo yen everybody at his denials. He has taken the trouble to write yall caret omer i omer teret Sha
e 10 (80 jeter Sigler ~ and that Prieta i Ra prema The paper, with all ite marks, was the same, together with various other minute resemblances leaving no doubt of the fnet.”
EX-CHANCELLOM JEALOUS OF RIGHTS OF PROPERTY.
Lord St. Leonards, before and after being Lord Chan- cellor, lived in a looms riverside house om the banks of the Thames, at Thames Ditton, and had or elaimed two eee oh Re oars) He used to impoand his bours’ ducks for t i ed out with his Sree ae Visitors who picnicked there, In_his aclis, Somes toma intone the Temple Stairs, and is boatmaen, dreased as Fee apie ti Tage mind. ; penton gnc d Les peremptory melons ip bro setion cain tie to part aa rican was wo property, and venerabl; on eer arian a
stood up Hobo © My title ia that of possession —the best and
MORE ABOUT THE LORD cMANCELLOR == 723.
strongest tille to laud in England—und I refuse to disclose ny itle farther or otherwise.” He looked as if the laws
oreey were written on hie face. The Serjeant turned. to his junior, Mr, Samuel Joyee Sateer | of whom pro- feased to be deep in real pr ty law), and said, “I think we must not pross the old man farther.” And the plaintiff's case broke down.
CUANCKLLON'S WIDOW BURNING HERSELF.
‘At a dinner party at Lord Chancellor Lyndhurat’s, the conversation turned on the Indian cnstom of widows burning themselves, « recent instance haying just occurred. Sydney Smith, after the conversation was nearly ex- hansted, defended the practice, and asserted that. no wif who truly loved her husband could wish to survive him. Some oue said, * But if Lord Lyndhurst were to die, you would be sorry that. Tady, Lyndhurst should burn here self.” “Lady Lyndhurst,” replied he, “would no doubt, as an affectionate wife, consider it her duty to born here welf, but it would be our daty to pot hor out, and ehe should not be put out like an ordinary widow. It would bea state affair, First a procession of the judges, then of the lawyers.” “Bot where, Mr. Smith, are the clergy?” eald one. “Ob, all gone to congratalate the new Chancellor 1”
INGRATITUDE TO A LORD CHANCELLOR,
Lord Brougham (ex-Chancellor) writes in 1899: “As to Macaulay, T only know that he left his party, which had twico given bim scats in Parliament, for nothing, while they were Inbouring for want of hands in Parlia« ment, tot tanped st promotion and gain in India. But what think you of his never having called on me since his retorn? Yet I made him a Commissioner of Bank- rupts in 1827, to the exclusion of my own brother.
we his father a commissionership, to the exclusion of the Whig supportors; and I gave his brother place in Africa, to the exclusion of n friend of my own. Yet, on returning from India, he suffers his fears of giving,
i zi 5 i a aff
HE ul ie : i H & e
Macaulay writes in 1828: “ As to Broagham’s feelings towards myself, I know, and I have known fora time, that he me. If during the last ten years G3
I
be surprised at my not calling on him since. | Laid tot pall on Mies when I niet ave ska
amptory t to proceed, which his loniship by " jes evaled. Sa epee er
MORE AROUT THE LORD CHANCELLOR 725
who, irritated by these Chancery delays, urged his lord- ship to sign the necessary document. On his refasal, she obtained from the King a catipctd order to have the suit determined, It so fab |, when the King's message was delivered, his lordship was closeted with Queen of Navarre,.Margaret of Valois, then on a visit to her brother the King, and who was taking advantage to urge a similar request on bebalf of a favourite of her own who had been charged with cloping with an heiress ‘The ae took cession to wet rid ee, ever ad 9) neen by holding ont the “s letter, a
eae exclaiming, “Here, Madame, is an example of the way in which Court ladies use their influence in interfering with the course of justice. this allusion, which was no donbt intended for both the ladies, the Queen rose without saying a word, in high di m, and took care to report the circumstance to Madame d - whose influence at once procured from the King an order to commit the Chancellor to the Bastille for trial. As his lordship was notorious for peculation and corraption, he was soon tried, und sentenced to deprivation and to ‘an enormous fine; und ft is aaid he died at Paris in abject poverty, without a home or a friend.
CHANCELLOR'S AWKWARDNESS AT COURT.
‘When the Emperor Charles V. was paying his com- plimentary visit to Francis I. of France, and they were visiting an out-of-the-way place, it happened that the French Chancellor Poyet roached to pay his respocts to the Emperor while the latter was sitting at table. ‘The skirts of the Chancellor's robes became entangled among the faggots of wood which had been stored up in one corner of the apartment for the supply of the stove.
oa the top losing ie support, toppled over and fell upon atone
containing the choicest gifts of custanls, tarts, ereams,
and many: the tripped her foot, and the whole contents fell on the King af Denmark's breast and iy and her Majesty herself came tumbling after them, falling rather heav! cf face to face, to fitare of the whole court. What added to
the dis that Faith, Hope, nod Chait Charity, when’ they entered) fa 'riek prev llg e
ail in ern and the best of homeur; and the Ki w eceal vin ae an nn tae -
was enough to dance wi x Sbelm,” as if nothing had happened.
CHANCKLLOR PRAISING TILE LADIES, hen Carsival di t
Cansodiod of France, nod dial at the age ot sight 1683, the Court gave him a magnificent faneral,
MORE ABOUT THE LORD CHANCELLOR. 27
was nof much liked when living. His atl seg: was a little h he onco made ou the occasion of the King
Henry LIL) being very much pressed for money.
‘rench Chancellor had to make things pleasant to the Parliament, and induce them to vote a large sum, ns part of the financial statement of the time. Accordingly De Thon tells ws that Henry IIL, who had always a crowd of ladies basking in “hie train, and absorbin, endless largesses, attended with a galaxy of beanty ron him to hear the great Chancellor on this most interesting occasion, The speech was short ; for his lordship at once exclaimed, after looking round significantly at the royal favourites, “ Really, my lords, the causes of the King’s poverty and want of money are so obvions that. every one can see them.” At this there was a great roar of laughter, ‘The Chancellor, taken aback, floundered and repeated the sentence, at which the roars became Jouder and onder, the qnick-witted Frenchmen finding that this sally really exhausted the subject. ‘So far as we know, all the money was fortheoming !
CHANCELLOR TRACKEYG NAPOLRON'S ROUTE
Loni Brougham in 1844 told a party at, the Duke of Wellington's, with some pride, how in one of his journeys es he — over the exact route which took on his return from Elba, sleeping each the very places where Napoleon slopt. The hotel-keepers used to offer him ax a compliment the very chamber of the Emperor, as they called it; and it wos of course the best they hnd to give. At Sisteron Lord Brougham observed a pass in the road entirely commanded bya Puttery, where a few resolute Bourbon soldiers wight with ease Have turned back the invader. At Cannes the
the glory of his name.” The ex~Chancellor said he ly ever paseed this honse without seeing it fall of
soldiers in a highly-excited state, si
ing and chornssing, with enthusiasm their mortial dit
728 ‘CURIOSITIES OF LAW AND LAWYRES.
TAKING THR MRASURE OF A TORY CHANCELIOR.
the Parke (Lord Wensleydale), also a great common law
opinion Lord Eldon’s value. They rated it exceedingly low, andl thongdt that Ekdon did noting forthe law and far the ishmaent: 0 sane ‘ples; jis was a criticiam peony pik Setar Greville (the iogennons gossip) F Greville had before this date said on his own account + * T suppose Eldon was a very great lawyer, bat he was certainly © contemptible statesman. He was a very cheerful, good-natured old man, loving to talk, and tellis ancedotes with considerable hnmonr and point. Ho lived long enongh to see the overthrow of the system of whieh he been one of the most strenuons epportacs tua epi eg of all the principles he dreaded abhorred, and the elevation of all the men to whotn through life be had been most adverse, both personally and politically. He little expected in 1820, when he wns presiding at Queen Carvline’s trial, that he should live to see her Attomey General (Brougham) on the woolsack, and her Solicitor General (Denman) Chief Jnatice of England.”
EX-CNANCELLON RECLAIMING Ms PARROT.
An ex-Lord Chancellor was repnted to be very exem= pap fe assembling his servants to family worship, and the impressive manner of condacting these services. Hehad afsvonrite parrot, which was a fitful and dione ie on all a Loy ee ee his passages, One day parrot escaped, was reported fb oe high eh itourhood. @ family at once reso to the-spot, sought to pture the troant. . His Jordship’s daughter first tried most ¥ Tol
ees her i id * Py Poll repented. ani re-ropeated in all talections in vain, Thogreat ex-ehiek
MORE ABOUT THE LORD CHANCELLOR. 729
of the Court of Ultimate Appeal then felt bound to take up the cause and to do his best. He also more and more impressively rang all the changes on “Come, prety Poll! come, Poll!” |The munjestic bird “only istened superciliously to these futile appeals, and after a suitable silence, and amid the breathless attention of the audience of poor people below, exclaimed, “ Let us pry!” °
730 CURIOSITIES OF LAW AND LAWYERS,
CHAPTER XI, (continued).
MORE ABOUT NICE POINTS OF LAW, AND THINGS NOT GENERALLY KNOWN.
(Boe ante, p 115)
CROWN GRANTING STATE OFFICES FOR LIFE.
When the Duke of Marlborough began to be worried by the Tories, who declaimed against the Crown made the vastal of a single family, which mopope all the hononrs and wealth of the state, he thongbt of strengthening himself uguinst his encmies by obtaini a fatent constituting him Captainegeneral for life. He
yplicd to Lord Chancellor Cowper for an opinion as to whether there would be anything nnconstitutional in this, ‘The Chuncellor candidly told the Duke that this high office had never beea conferred otherwise than during pleasore. The Duke not being satisfied with an opinion given merely in conversation, the Chancellor at his request searched the public records, and the result was « full conviction that sach a grant was new and uuprecedented: except for the obsolete office of Constable, which since the 13th Henry VIEL had been conferred only for a limited: time. The Dake, still not discoaraged, got Craggs to search for the appointment of General Mouk, but was mortified fa fiod {hee thet was mide ely doriay vibacete Ree for life, Still not satisfied, he apy lied direetly to _ Anne, who, taking advice, positively declined. ‘The then, being much |, Wrote a qnerulons letter to her Matty, oatiog bi tion fo retire at the end eff e war,
4
MORE ABOUT NICE POINTS OF LAW, 731
HOW STATEAMEN MAY SOLVE THE Liguon DieICULTY.
When Lord Althorp, in 1831, was Chancellor of the Exchequer, and was attending the committee-room in which his counsel were defending his seat against some petition, s man came in and wanted very urgently to: to his lordship, When he got near he thas began: “I want to talk to your lordship about them there beershops.” The onlookers were aghast at a mere man out of the crowd bearding 1 Chancellor of the Exchequer in this way ; bat he went on most resolutely : “ My lord, I want very much to know whether them there beershops bo'ant to be put down !” © Oh no,” said his lordship ; * they will be placed under proper restrictions, but there will be no mote monopoly.” “Oh, restrictions; I think nothing o° them things. It may be very well ; but you sce I keep a beershop myself, and they are very good things in their way ; bnt then—then—my Tord ikea onght to be only ‘ong on "em in a parish,”
HOW TO GET ONE'S PLATE OUT OF PAWN.
Sir Jonah Barrington, says O'Connell, was in debt, and had pawned all his family plate to Mr. Stevenson. One day he sought » confidential interview, and said to Stevenson: “ Yon see how Lam cirenmstanced, Stevenson. Thave asked the Viceroy, some lords and judges, to dine, and I mast borrow back my plate just for thia one day, I asanre you, my dear fellow, you shall have it again all right; and to make this quite certain I think Imay aa well invite one private friend, and you, as a member of the Common Council, will perhaps enjoy meeting these eminent people, and of course you need not leave the house till you cau take the plate with you.” The pawn- broker was secretly ilelighted at this invitation, and with the absolute certuinty of not losing possession, #0 that he accepted th n. ‘The glimpses of high life and its jests so cuptivated him thut he, out af sheer good fellowship, tasted the champagnes and wines much too liberally, and the end of it was, that he bad to be sent home ins cab helplessly drank, The plate unfortunately
‘T82 CURIOSITIES OF LAW AND LAWYRES,
could not be, conveniently sent with him; bat next day, on
calling aa a matter of basiness, it waa not to be found, nor
fer sooecaisch very much surprised the ingenuous itor.
HOW RXECUTORS MAY EARN AN HONEST PENNY.
When an eminent Provost of Dandee died, he left will the sum of one guinea to any person ‘who w compose: ae Sete for his tomb, and the three executors were directed to poy this eum. The execators held a meeting for deliberation, and lan od upon the whole that they might contrive between them to. compose the epitaph themselves and divide the spoil, being restricted to contribnte one line only. The three lines, after much excogitation, were perfected ax follows :—
* Here lies Dicksoo—Provost of Dundee ; Here lies Dickson —| lies he; Hallelujah | Hallelujah |"
The last line showed aisast of ski, na it i not thyme, but another epitaph in sarebya pear ¢ eauiler diculy Fith great abitiy, there
© Here lies the body of John Watson ; Read not this with your hats on,
For why? Ho wns the Provost of Dundee: Hallelujah ! Halletujee !”
SERIOUS CONSEQUENCES OF MUKDEWING A GHOST,
In 1804 the neighbourhood of Hammersmith, then a
quiet village pear London, was loog tormented with the
apparition of a ghost thnt paraded cortain Innes near said
night, sud terrified the passeogers. One poor woman, far vanced in aney, was frightened to death,
lived only two eye alter meeting the ghastly
Waggoner was 50 horrified that he ran off and left his
ccting a Sgure ia white, shot and billed ie, It bot, Bowever, that it was ouly a poor miller who bad!
MORE ABOUT NICK POINTS OF LAW, 733
Jeft his friends, and was going home late in his asual working dress; nd great. indignation therenpon nrose at his untimely fate. Smith was indicted and tried for mander. The Chief Baron, who tried him, told the jury that it was murder, if snythings but they found a yerdict “guilty of manslaughter.” Four judges all said they could not receive such a yerd! rotaae thedey mast either acquit or find the prisoner guilty of murder; and at Inst the ey found him bale Great crowds had attended the trial ander such novel circumstances, and the prisoner swooned when the dreadful word pay Was prononnced and the judge sentenced him to be executed a few days Inter. The case was, however, reported to the Crown, and the sentence was commuted into imprisonment for one year.
SACRILEGIOUS PRISONER SAVED BY A MIRACUR,
A soldier in the garrison of a amall town in Silesia, being suspected of stealing the offerings presented by pions Roman Catholics to the celebrated image of a wonder-working Virgin, he was watched, and when searched had two silver hearts in his pocket. He was accordingly taken before w magistrate, imprisoned, tried and sentenced to denth as a sacrilegions robber. At the trial he strenuously denied committing any theft, sud maintained that the Virgin herself, in compassion of his poverty, ordered him to take these offerings from hor shrine The sentence was in dne conrae laid before Frederick the Great, accompanied with the defence. ‘The King was puzzled at its novelty, and consulted several popixh priests as to whether w tmiruele like this was possible according to their notions of religion. The divines answered unanimously that the cireamstance was very extraordinary, but that it was not absolately impossible. Whereupon the King wrote this judiciona memorandam on the sentence: “The prisoner cannot be pnt to death, becanse he positively denies the charge, and the divinos of his religion declare that the miele alleged. is not: impos Thorefore let him be dis- charged, but be at the same time strictly cautioned, under pain of death, that he is to receive no more
734 CURIOSITIES OF LAW AND LAWYERS
resents from the Virgin Mary or any saint whatsoever. Frederick” ee —
SUFFERING FROM A FIRE AT THR CUSTOM-HOUsR
The Irish Chief Justice, Dashe, used to relate that he once ordered wine from a Gascon merchant, and the sequel be describes thos: * He had sent me wine which was consumed in the Custom House fire in Dublin ; and he wrote to condole with me on the loss to the public, but especially on the loss of the wine, which, he said, he found was by law at the parchuser's risk, I answered, and offered as some consolation to him the assarance that by law it was at the risk of the seller.”
WHO 18 TO FAY THE DAMAGE? An ald Scotch law-book called the * Book of Science” solves the following diffientt case >" If it hay that a man is passing along the ea highway driving before
him two sheep fastened t her, and incet a horse Tying in the road with a woond in its back, and one of the sheep parses on one side of the horse and the other
on the other side, #0 that the rope robs on the ly god the horse rising up carries the sheep with it, until it reaches # mill, where there is « fire burning and nobod, watching it, and it scatters the fire, and whole
horse, » and all are burned. ', Who is to, Gis hea? Answer, The owner of ‘the horse shall t for the sheep, becanse his horse should not have been i gn the highway; and the miller shall pay for the mill and horse nnd for all other damage, because he left 4 fire in the mill without a keeper.”
ABLE DEFENCE IN A HORSE CASH.
A Florentine wanted borse. He found o rere Sane ee Nepean anes ieee “ Well,” eays the purchases, “I will do this. I will pay you five down, and I will be your debtor for the rest.”
seller consented, and purted with the hore, Some Vv
a
MORE ABOUT NICE POLSTS OF LAW. 735
after, the seller called for the other ten dncats; but the purebaser was equal to the occasion, and gave him this anawer: “ No, my dear sir; we must stick to onr bargain. What we agreed upon was this,—that I should pay you five ducats and be yonr debtor for the rest. Now, how could I be your debtor if I were to go and pay you? It does not stand to reason, at all, at all!”
HOW TO DEPRAT A PROSRCUTION FOR LIKE.
Whon Lilly, the astrologer, was about to be charged in 1652 with a scandalous libel on the Parliament, he hod private notice before the messenger eamne to arrtst him, and he hasteved to his friend, Speaker Lenthull, who told him what had been done and the passages whieh he said tormented the Presbyterians vo highly. Lilly thereon sent for bis printer, strack ont all the offensive things, and substituted others. He then pro- deed the expnrgated edition and read the passages to the committee; und when challenged as to the others, said some malicious Presbyterian must have published a sparious copy purposely to rain him, but that it was a counterfeit, ‘The committee were iq etre the majority resolved nevertheless to imprison him, hhad several members in his favour who stood up for him, seying his namo was famous all over Europe. Oliver Cromwell was also in his favour, and in a few days he was bailed and the matter dropped.
THREE PIRATES BAPELY DEPOSITING THEIR SPOILB.
The incident reported (ante, p. 167) as to Lord Chancellor Bgerton's snecess as amicus curie seems to be only a repetition of an earlier example of the same difficulty which is related in “Polychronicon.” Three young pirtes had amassed a large sum of money, wud resolved to retire and live more honestly at a strange place, but could uot agree as to depositing their money. At Inst they left it with a banker, taking from him at undertaking that he would uot deliver np a penny of it unless in the presence of all the three. Soon after, one
736 CURIOSITIES OF LAW AND LAWYERS
of the three, more crafty than persnaded them tied kiwanel tee sie Becton aa oman "in oder, do oon day 208d Use fet bo panel gel eae of the money from the banker to pay an instalment due to the builder, and the banker gave him the whole sum, with which he ran away, The others threstened to sue the tanker for the whole; and he consulted the
said to have lasted as lon, the siege of Troy, and ta e100,000. vee of
fmbursement of these expenses, but the Ministers refiased to present it. The India House then passed a resolution to pay the Misiecr and grant him a pension of £6000 a ear. The Ministry started doubts as to this resolation legal without the conseat of the then Board jissioners. Tho great lawyers held different inions ; but the Attorney General t), and Solicitor Genoral (Mitford), wer said to be against the India Hone. Afterwards the India House obtained consent of the Government to grant a pension to ostiaos of £4000 a year for twenty-eight yeare; and on credit of this they immediately paid him £42,000 and sn ed 250,000 more, and a further sum of £20,000 was
It was remarked that H. wer the ot subject acquitted after an impeachment me Commons where the decision went entirely on tm noerligs The Porites hye in ne tol eal
variate) a roorived y the
a
MORE ANOUT NICK POLXTS OF LAW. 137
COMPENSATION FOR VESTED INTERESTS.
Ono of the standard convictions of all lawyers is the demand of compensation for vested interests. A case of a unigne kind was once founded on an Act of the Scoteh Parliament in 1690, which, in consideration of services and expenses on the public account at the Revolotion, authorised Forbes of Culloden to distil whiskey on his barony of Ferintosh, in Cromarty, free of duty. became in time a most fruitful revenue to that family. At last, in 1785, the time came for abolishing the privilege, but with a proviso, that the Treasury was to make just
com ition, subject to the arbitration of the of Bx er. The case came in due time to be tried by a jury. Erskine for the claimant made ont that it was worth 27000 a year, though owing to ional
exception: causes it had yielded latterly only about £1000 a year. Phe jury, to the deep disgust of the Treasury, ‘awarded £21,580 to the loyal Forbes.
4 SCANDALOUS CLAIM YOR COMPENSATION.
A most outrageous instance of giving eompensation for the loss of u vested interest occurred when the Scotch Heritable Jorisdiction Act was passed, in 1746. The Scotch noblemen and lairds had for ages enjoyed by in- heritance the power of pit and gallows—that is to say, the power of life and Heath over their tenants within the manor, and with this the King’s courts conld not interfere. Lord Chancellor Hardwicke, with the assist- ance of the Scotch judges, drew a bill to abolish the nuisance; but the lairds clamoured against it as barefnced spoliation und robbery, not to say, contrary to the Treaty
Union. ‘The bill included payment af compensation to
¢ freebooting Ini ‘The sum claimed was above half a million, and the sum actually paid was £160,000, The eee peri resolved itself’ into what the lairds were pl to call a loaa of their dignity.
A COURT USURTING POWER OVER TRADING.
When the brewers in Edinburgh took a sudden reseks- ING
738 CURIOSITIES OF LAW AND LAWYERS
Nica ons ay to ee oe a ues owing to the malt tax deemed oppressive, Court. of. Session and ‘minda’ an’ orden Oa every brewer should give security to coptinne his basi
to prevent any ea ne the jot of impeii ‘This had ite i the Lords: plese cele faa
PAYING FOR A SHOT AT SOME BIRDA
Tom Sheriden, a worthy son of his sire, used to tell how one day he went to visit Lord Craven, somewhere Ham , anil he strolled out with his dog
le went
jons, once being nearly laid by the heels for tres reset as at H's feos ae way home a jouse with a in eekce oF whieds wan'n pool andl We place Eee ducks and bens feeding and quarreling. Being ashamed to retarn with an big bag, he anbosomed to a farmer looking over the wall his misfortanes as to the day's skh, said, “I should like to take home something, and both my) barrels ore loaded. Whit, my good
shall Tigive you to lat me here a shot ot theon fowls standing here and to have all I kill?” The farmer, after asking if he was # good shot, and then calculating, said, “Well, let us say half a guinea!” “That's too much, my friend. I tind that I have o seven-shilling Leyte it hi to be all I bave in my pocket,” said
“ Well, well, hand it over.” The money was paid ; and ‘Tom, trae to his bargain, let fly, and after moch flattering, Berar - apeeching, be picked za be eight game, He was so prond of his spoil, the farmer commended him and ssid he hed got «
bargais, “Why, yes,” quoth the farmer, seratebing his think thay bet but it's nothing’ to me— ey are nae i? mine !” Ou hearing this, Tom made off with uncommon gelerity, often asting hls eye Wehind in a+ he leaped u ee
MORE ABOUT NICE POINTS OF LAW. 739
HOW TO GET RID OF AN IMPRCUNIOUS THNANT.
‘The Duke of Wellington informed a dinner party at his house of uu incident which Mrs. Sheridan once told him a to how her husband had been treated by the land- Jord of a house which they rented in Braton Street. The landlord found by long experience that Sheridan conld neither pay his rent, nor yet be persuaded to give up the honse and quit, So, as his only resource, the landlord ye some builders to execute extensive repairs and unroof the house; and this at last had the desired effect by cansing a hasty clearance,
FRENCHMEN'S TINKNTY AND POLITENESS.
When Kageworth was one day riding in the suburbs of Lyons, about 1770, with a lady, a curter did not im- medintely make way for them. “The gentleman called tothe max, who inde rode and ineulting answer to the
und Was instantly struck with the whip. The tan took a knife from his rot to use in retaliation, but was knocked down und left inthe ditch, and the caval- rode on. The Englishman felt he had been too hasty; bat when the circumstance became known to the company in the evening, he was received with marked coldness. On ingniring into the reasou, he was told that he had wholly failed in his duty, and ought to have left the man dead on the spot; his offence, however, was condoned out of regard to his barbarons nationality.
HANGED AND RUAIED AND COMIXG ROUND.
In 1534 a piper, called John Baxtendale, was tried at the Yorke nasizes for felony, and waa sentenced to be hanged outside Micklegate Bur, York. He was hanged acconlingly, and after swinging’ threo-quarters af
oor, and being evidently |, was cat down and buried ander the gallows tree, the place being then open country, Inthe afternoon of the game day, Mr. Vavasour of Hazlewood was riding by, and observing curiona heaving of the earth, he and his servant dismounted, and examining the spot threw aside the mould, and found the piper still breathing. ‘They at once helped bis wales,
740 CURIOSITIES OF LAW AND LAWYERS,
body ont of its earth bath of miry len abet water, covered him with a cloak and broaghe hi 80 that: the piper rabbed his eyes, wee epee seid was very 800n con) an
Of fieuts aad syrupathvers ‘He was taken pee voyance to York Castlo; and at the next assices it waa deemed a nice point of law, whether he could be sentenced again after the sheriff had given his certificate that the Bes Medea) ter tevin Uancoats apne
a wat is ‘ip bomanely that it was a visible int i oi prottlae on bebale of the piper, and it would be impious in mny coart to Attempt to thwart it. So the piper beeame an and lived happy ever after.
‘THE ANTIQUARY AND HIS NEIGHDOUR'S DOGS,
Mr, Francis Douce, a devoted antiquary, lived in Kensington Square, and was gre annoyed with bis neighbour's dogs, which barked all the day and howled all the nij i Mae aetake tpt William pees the redoubted editor, who kept to protect. property, Douce wrote that he vad determi to beth Sees if the nuisance was not abated. Cobbett that he had suffered immense loss by the migration of all Douce" snails and slugs into his garden. Douce consulted a friend, and being assured that his only fanlt was starving oll his own snails to death, so that snch a was impossible, nade a call to strengthen his case
soally expounding it to the editor, amd di tng the countercharge. Bat the editor was so busy at aw that he had not leisnre to see him. The discomfited antiquary, therenpou, wrote to bis friend Markland, in the Temple, thus : “ Pray be kind
to look into Bridgeman’s Indox, article “ Snails,” if it be there, and tell me the law on the subject.” To hia a ing mortification Markland answered, that “it was
wheat.”
PORGING STOCK EXCHANGE SKWwAL
In 1503 Mr. Grenville wrote to his brother the Marquis of Buckinghnm : “All London has been the
MORE ABOUT S{CE POIXTS OF LAW. Tal dape of » A fo letter, as from Lord lupe of a forgery, ne , r
Hawkesbury, way received Lord Mayor this morning, in which Lord Hawkesbury informed the Lord Mayor that the discussions with France euded amicably, Stocks rose from 64 to 71, An hour afterwards forgery was discovered, and stocks have fallon to 63, Immense sums have been bonght and sold. All bar- gains for time aro declared invalid, but all others stand irrevocably,”
PAYING FINE VOR ASSAULT.
‘The laws of the Twelve Tables haying fixed the amonnt of fine for injuring a neighbour nt twenty-five pieces of brass, it is related that Lucius Noratins, an infamous and violent man, took great delight in striking a freeman in the face with the palm of his hand, as he walked throngh the strect. His wervant followed with a purse of money, and whenever n man was struck, the twenty-five pence were paid to him. This remedy being too trifling, the ae eon came to be altered.—Aulus Gellius, Book XX.,
ARLE ACCOUNT oF corymonT.
“AN mechanical artixans are allowed to reap the fruit of their invention and ingenuity withont invasion. But he, that has separated himself from the rest of mankind, und studied the wonders of the creation, the government af his passions, and the revolutions of the world, and has an ambition to communicate the effect of half his life spent in such noble inquiries, has no property in what he is willing to produce; but is exposed to robbery and want, with this melancholy and just reflection, that he is the only man who is not protected by his conntry, at the same time that he best deserves it,’— Addison, “ Tatler,” No. Wl.
A SHEED GUILTY OF MURDER.
Faller says “ There was a hanging stone on the boundary of the parish of Combe Martin, Devonshire. Lt yo
=
DSAWISU OUT THR ASSIZE JUDGES.
Dr. Peck, of Trinity College, Cambridice, was celebented for hix knowledge of parish law, and was the wouler of bis veighboarhood. His forte was to draw ont the judges who came to the assizes, anid extract from them, in a skilfal aod clandestine way, their opinions on many of
Jawyers. His masterpiece, however, was ta solution of a long-standing mystery in Caml and the surrounding country. It was a widesy canon
selves in people, the relatives of the suffering were jastified, if not bound im charity, to smother the patient ween two fenther beds. This question was pat by Dr elk inn moat adroit way and after a skilfnl to the jodges. cir answer was, persons acting thus woald nadonbtedly be guilty of murder.” When this answer was given, the Doctor took care to have it witlely ablished ns a discovery of the most profound secial iipportance, hitherto known only to himself. wane the people heard of it, they rejoiced, and felt
WOW TO BAFFLE A WATCHDOG,
Corran vsed to tell with great xest bow his i zeal to conquer an wlversary by dint of hardihood ingonnity met with » lamentable reverse. When he was
MOBB ABOUT NICE POINTS OF LAW. 743
the robbing of a millers orchard, which was guarded by @ fierce mastiff, his confidence and championship were enlisted for a great experiment of this safe and infallible cure against detection. Says Curran: “I pursued my inatroctions, and as I had no eyes save those in front, T fancied that the,mastiff was, after his first perplexity, in full retreat. Bot I was confoundedly mistaken, for at the very moment I thought myself victorious, the enemy attacked my rear, utterly regardless whether it was the Lead or tail of the strange monster, 60 long ss he coukd ep a reasonably good monthfal ont of it. And he was
lly prepared to repeat his meal, had I not fortunately been resened. I thonght for a time the benst had devoured my whole centre of gravity, nnd that I should never have a chance of resuming a steady perpendicular again.
A HAWKER NOT TO BE PLAYED WITH.
‘An attorney was driving along the road near Tooting, in Surrey, for un airing, and overtook a pedlur carrying his pack, and drew up to ask the latter what he had gat to rell. ‘The pedir opened his puck to display his variety of wares, when Mr. Attorney took np a pair of braces ; the price usked for these being sixpence, that surm was ki The attorney then asked if the pedlar had a
icence, and receiving what eounded as a dublous aflirma- tive answer, demanded to see it. The pedlar, not very pomp produced it; whereupon the Saar a
e had frightened tho pedlar enongh, relented and said, “Well, my food fellow, it’s all right, I sce. I was only joking. 1 do not want these things; and what do you say to my selling them ngain to you? I shall take throepence—a bargain.” The money was paid ; bat the pediar took eare to inform the Revenue officer of Mr. Attorney's proceeding, which led to the utter being charged before the magistrate, and fined for selling pol ‘on the highway without a leence,
HOW TO CAPTURE A MAD DOG LEGALLY.
An eminent Chancery barrister, on retarning to his ome in Bloomsbury during o hot summer day, at a tiewe
44 ‘CURIOSITIES OF LAW AND LAWYERS,
hen stories of hy obia were in every ‘envi rast ab bie Picea aed
win nccordi hl thal things an he
See Fie went there, ond terse
‘an omniscient being, who listened to his sorrows end
summary of facts, a3 he himself was well acquainted with dogs, and eonld thatthe er moti a tr urgent case—|
fund at Inst: ho came, di the enemy, ther, pit working order—what he a with hima wire
of rane figs than the at once recognised tho he, and ul, wits its tail, and ready to lick the hand of the victor. It tarned ctf, alr all oly Tit ittle dog ; but counsel wns beat at rescuing, in a wot manner, from tmminent leath his anxious honschold.
ASSESSING THE SMELL OF A DINNER,
One day a poor man in Parix, who was very hangry, Hayod RRR es corkage wht the ineat cat a dished np, that he felt his stomach was vet gate with the smell, and was nhoat Ge leave. angry ak therenpon demanded payment for bis breakfast,
shoold pass by, ran stated on both ikides, tise eftitratoe datermixal iad
=
MORE ABOUT NICE POINTS OF LAW. 745
the poor man’s money should be put between two empty
, and the cook should be recompensed with the
qinsling ‘of the coins, And this decision was admitted to most fair and sensible.
18 THE BAPTISTS RATTISING ATURDRA?
Samuel Oates, in 1646, while journeying into Essex, reached and baptised multitudes. Bat one of these, a le named Ann, died within a few weeks, and her death was impnted to being dipped in cold water. Oates ‘was arrested, imprisoned, and pnt in irona till his trial. ‘The report was, that he held the woman “so long in the water, that she foll presently sick, becamo swelled, and died in a fortnight ; and on her deuth-bed blamod the dipping.” Ontes was tried for murder ; but at the trial witnesses proved that Ann was in better health after the baptism than she had been before, and was seen to walle abroad very comfortably, vo that o verdict of not guilty was retarved. The mob, however, was not, pacified, and one day they dragged Oates to the pomp and drenched him, and afterwards threw him into # river.
Baxter, when writing against the Baptista, desoribed their way of baptising as nothing else but marder, aud the fountain most. mortal diseases in man's q and gow for nothing but to despatch people out of the world,
IP QUAKERS’ MEETING A CONVENTICLEL
Under the Conyenticle Act the point was mooted whether a Quakers’ meeting, where they continned silent, could be called u conventicle for religious exercise, Another ihn was raised—namely, whether the Act was evailed if the people met in several houses, and heard the minister throngh a window or hole in the wall. This was, however, unsucccseful, because it lay with the single magistrate to decide it as a question of fact,
746 CURIOSITIES OF LAW AXD LAWYERS,
CHAPTER XII. (continued). MORE ABOUT WITNESSES AND JURYMEN, (See ante, p 447)
A LITTLE ISI GIRL AS WITNESS.
Ree was a witness in en Irish court, and before examining her the judge, as usnal, pat a few qoestions Sostrie es ee
said: * Little gi you know wi to if you tell a Ho?" The child hesitated phigh” then noswered: “Troth, yer hovour, I'll go to Father Mollowney !"
EXAMINING COUNSEL AS 4 WITSRE,
Maidstone assizes, for s seditious rict in aiding the rescue of prisoners who bad been just acquitted, bat detained on anew charge. Sheridan was called as = witness for defendants, and Garrow cross-examined him, and dis liking the answer he got, was using the ordinary form before repeating the question: “ Perhaps I don't make myself understood?" * Certainly yon do not,” said Sheridan, very coolly. “Oh, then,” said Garrow, “1 will pat the question in another form!” Still the desired soswer was not obtained. With more Garrow observed: “It is perhaps my obsct ‘and confused way of patting it?” To this Sheridan assent very naceremoaionsly, and said, “Exactly #0," which excited lond laughter.
i he same trial, ae (afterwards Lord Tent C.J.), being a witness for the prosceution, was Just after the Bow Strect ronper, and gave » shutiling
MORE ANOUT WITNESSES AND JURYMEN, 747.
answer, Which drew from Erekine, who cross-examined him, what was thought the only severe remark that eminent advocate ever made: “ Sir, I should have beon ashamed of the Bow Street ronner, if he had given me an answer like that,”
A HIGHLAND WITSESS FOR THR LARD.
When Lord President Haddington, of Scotland (temp. 1600), was at the bar he was a vigorous cross-examiner, and conld even extract trath from Highland witnesses to the prejudice of the head of the clan, One day Donald had taken to Edinburgh on a trial of his chief, aud had been examined by Mr. Thomas Hamilton. On the witness lcaving the court, and meeting another clausman from the Hi, ands also going in for examination in the same case, Donald was asked: “ Well, Donald, how did you come on?” “God knows,—my ‘wits are not, just settled yet. But I'm afraid I've told the trath.” “Tndeed ! how could yon do soch a thing, Donald?” “Oh, to be sure, I began, and was just going to tell the story my own way, when an awful man that sits in the middle broke in upon me with such # many interrogatories, as they call them, that he quite dum- foundered me, and then T Jay at his merey, and he whirled the trath ont of me as easy as ye would wind the thread off pirn, He's # tall man with « velvet cap on, and an eye in his head as quick and bright ss a partridge. If ye would tell a tale for the chief, beware of him,”
VLURPANT COUNSED GRTE A RETORT,
Abont 1790 a prisoner was prosecuted for a gerious indecent assanit on a female ; and her father, after being examined os witness, was cross-examined in this style: “Pry, ir in this young lady your daughter?” She is.” “Pray, how do you know she is your daughter?" ‘The witness drew himself up and looked at the jury: “Gentlemen, you hear that question: I will only say that I came forward to punish this offender at ay own expense, while the man who has asked me this is bribed to prevent the course of justice. I will yrove ik. Los.
Ms CURDOSITIES OF LAW AXD LAWYERS.
at his brief; Leesa mera pep guineas to defend a villsin. Will believe the oath of n man who ix uot purchased
gratnitons assertions of that man who publicly bribed, of the took everybody aback, and the eminent oe nt in Seats ear his client, who was epeedily convicted and sentenced.
GULLIVER THE TRAVELLER AS A WITNESH.
In 1727 Fortescue, afterwards Master of the Fe Seg i ne ie Ga », reporting that “one ui
Deaton there, and lost it on the ill ar
nequired of being a most. notorious liar.” aot the
pal pa A Te Bai ele told a friend of sain with after much Capi
fooked oo TGolivers arate (whatever other
might think of them) to be only one continned heap of
improbable les!
BLIND WETNESS IDENTIFYING GOODS STOLEN,
In 1845, Lord Coekburn, the Scoteh judge, tried a ease ee the eee, Jnsticiary Conrt, where the crime.
ay A blind woman was. witness, who had such tact that she identified « considerable onmber of articles of dross and forniture parsisakly abe She generally mentioned the cols distioguished ber own from others readily m= ‘scenrately.
fie
it
WITNESS UEARING LOVERS TALKING.
ee eee ae 1804, a witness ina
Taarriage case was examined; and tingastel be ty tne sedge Te how be came to think that the defendant was making love to the Indy, replied, “ Bocanme he talked to her in italics.”
A Wirwsss CALLED “OLD PURER aUnoR”
In Somersetshire, Tom Denham, an expert cel fsber- man at Tangport, baviog a Targe onler in andsanean
i
MORE AHOCT WITSERBES AND JORYMES. 749
early to draw up his lines and empty hie eel box, but was astounded to find « poacher already actually en, in that work before him. He gave chase; and the 1 after ronning a distance, took refnge in the river, where, however, he was on the point of being drowned, till Tom humanely rescued him by the hair of the head. The her was afterwards given into custody, and wae tried at Tannton assizes for some kind of larceny, and all the town crowded to sce justice meted ont. Tor was asked the judge what had induced him to get up as early as q O'clock in the morning: and he answered ily, “Please, my lord, Iwas up catching yeshes to lay m: weels wit!” ‘The jndge asking him to repeat this, and it being repented several times more and more emphatically, ney che tittering of the bystanders; tha Const was’ core pluased, but was nt Jast relieved by the High Sheriff inter- Fiebicag the pords a menting this 1“ Vealion ‘ate Jaco worms ned a8 bait, and the weels are the eel basketa.” Tom was proud of the sudden pause in the pi ry and at the excitement he cansed, and was not displeased at being ever after familiarly known as “ Old Puzzle Andge.”
CHOSS-EXAMINING A MAD WITNESS.
A man, named Wood, aned Dr, Monro for false im- prisonment in a madhonse, He was severely crose- examined by the defendants connsel, bnt no progress seemed to be mado in exposing his madness. During this stago, Dr. Battie, the eminent mad-doctor, eame into court, and, sitting beside Lord Mansfield, suggested that counsel should ask the witnest what had become of the
‘incess whom he had corresponded with in cherry juice. This at once brooght out the ready answer that there was nothing in that, because, as everybody knew, when he was imprisoned in the high tower he was debarred the nae of ink, and he had no other means of writing letters
in cherry juice, and then throwing them into the fiver surrounding the tower, where the princess roccived them in the boat. Thie admission caused the loss of his verdict. But the plaintiff was clever enough to discover the trick, and he bronght ancther action wesiue Yoo
‘750 ‘CURIOSITIES OF LAW AND LAWYERH.
doctor for imprisonment in another county when again interrogated as to.the high tomer, mata
efforts of counsel to extract an answer from him
CALLING A BUPPHRING WITxTss.
Berjeant’ Whitaker, before m committe of the
Sener at Me, Boal weall te oat seonat tg aE woul i
iat dhe op Opposed tha 8 for
th would sniffer in 20 hot
mason that
lace. “ar length ity was ected that Smith should be “ise Bs ire scoioer fo Estoy hppa in moffled op, and en ped 3 friend. All the members were eager and attentive to hear inane that woald be vetsand which they all thor would go to the bottom af the whole business. te leicceoe with great gravity, and amid breathless silenee pe and ended: ~ Pray, Mr. Smith, how do you do?” committee, suspecting that the illness was a mere pretence, bnrst into a roar of lnnghter.
(CHO#S-RXAMINING A MAD-DOCTOR,
Tn 1832 a commission was ismed to ot Hen Hastors sanity, sod Si F io ee ie rusecutor, thas cross: ri ya of her ine bess of sognd mind?"—“I never saw any homen nase ‘sho was of sound mind.” “That is no answer to my question : is she of sound mind ?”"—“ I presume the Deity.
—
MORE ABOUT WITNESSES AND JURYMEN. 751
is of sound mind, and He alone." “Ts that your answer, ir ?"—“TI presome the Deity alone is of sound mind, “How many years have you been mad-doctor?”— “About forty.” “ Where did you learn that the Deity was of sound mind.”"—“ From my own reflections during the Inat fourteen years, and trom repeated converantions with the best divines in the country.” “Is Miss B. of sound mind ?"—*Competently sound.” “Is she eapable of mannging herself and her affairs?”—“1 do not know what affairs she has to manage."’ “ How often have you
iven evidence before Commissioners of Lunacy, a Sary 2" 1 cannot tell: I don't know.” “ Have you fy notion ?”— Notion iy vory much
¢ knowledge.” fave you any idea ?’”— An idea is a visible perception and a direct reeollection.” are any belief? "—“I cannot say that I have any belief, for that ia a direct recollection,”
‘The oddity of the Doctor's elocution and gestures made his examination very impressive.
HOW TO DO WITHOUT A wrTnesa.
Lipsius records » remarkable decision of the Emperor Rodalph. ‘A merchant complained of an innkeeper who ad been intrasted with a bag of money to keep, and who denied all knowledge of it. His Majesty asked what evidence-existed, and was told that the two parties alone wore privy to it. Hix jesty then sent for the inn- keeper, whom he know, and affected to be very friendly, and said: “ You have a handsome cap: pray let_ug exchange caps.” This was cagerly acceded to. His ‘Majesty then privately sent off w mossenger to the inn- Keeper's wife, with a pretended message ftom her hnsband that he wanted ler to send him » certain bag of money, as he had # epecial occasion for it; and as a token his cap was sent with the bearer. The wife en Eg maps
» The
and suspecting nothing, delivered the money
parties were again called before the Emperor, who said the merchant, complained of a bag of money being left With the iunkecpor aud not returned to him: how wax it? The Intter said it was a lie, for he never had any transactions whatever with the complainant. Theses
aa
lL
7
752 CURIOSITIES OF LAW AND LAWYRER
a jr prodaced the bag, and asked whose it
‘merchant eagerly claimed it ax the one he hans poe of, and teeta Looper tad beatles e stammered oat a confession. The at once became celebrated as a j) of wonderfol insight and mucceas. (See also ante, p. 151.)
WHETHER AN ACCOMPLICE WITXESS CAN DB TRIED.
In 1775 Mrs. Rndd was said to bave forged bonds and two persons, who took them to bankers and raised money upon them. They wereafterwards indicted and found guilty of forgery. Afterwards Mra Rodd was also tried for forgery ; when abe vet up us that, as she had been ‘dn a witness Crown, she cotli uot be tried, at least without viokstion of good faith. All the twelve jadges were consnited on pees etiquette. They were all unsuimous in ing, that it would be most unfair in the Crown to Proseente an accomplice who had acted fairly in giving such evidence ; still it was not «legal defence, bat ooly & point of houour. (Sce also ante, p. 151.)
TOO CLEVER A WITNESS WITH MIs PUSS
An American witness was examined ns follows : “Ty you know the prisoner well?" “Never knew him sick.” "No levity, sir. Now, sir, did yoo ever see the prisoner st the ber?” “Took many o drink with xi Fg the bor.” “Answer my question, sir. How lon, known the je prisoner?” Frou two feet up ten inches.” “I must appeal to the Court Ate “= have, Jedge, answered the question: I knowed the risoner when he was » boy two feet long, and man ive feet——" “Really your Honour must i Pied ah ee i T'm under my cath.” “ Wi pice the Conrt what you know sbont this pel ops ban his name.” “What isn't his nune?” © Case.” © Who said it wae?” “You snid it. oo wanted to RUE erm Tees opal corral say his name is Sonith.” “ Teally T mast appeal to rr Hes make this man answer.” (Judge to wi « Wicwas,
MORE ABOUT WITNESSES AND JUBYMEN, 753
must answer the question put to you." “Lando Goshen, Jedge, hain't I been doin’ it? Let. the blamed cuss fire Bee "m ready.” “ Now then, witness, don’t Deat abont the bush any more, Yon and this prisoner have been friends?” “Nover.” “What! wasn’t you summoned here as a friend “No, sir, [ was sum= moned here ns a Presbyterian. Nary one of us ever was Friends ; he's an ole line Baptist, without a drop of Quaker in him.” “Stand down, si “Can't do it, sir. Til sit down or stand up, but-——" Witness removed from court exclaiming, “ Well, if he ain't the thick- headedest cuss I ever laid eyes on !*
TIMGON CHAPLAIN CONVERTING A CRIMINAL.
Mr. Harness, the celebrated preacher and divine, said he was once visiting a prison chaplain, and naked whether his long ministry had been attended with success. The ebaplain replied, “ With very little, T grieve to any, A short time ago I thought I had bronght to a better state of mind a man who had attempted to murder a woman and was condemned to death, He showed great con- trition, and the dawnings of grace. I gave him a Bible, and be read it most assiduously, quoting passages con- firming his own sense of his heinons transgressions. ‘There'was such a manifest change of heart and life in the poor penitent that I exerted myself to the utmost
got him a commutation of sentence, and went: to inform him of my success. His gratitude was over- wheliming : he called me his preseever, his deliverer ; and then exclaimed, grusping my hund most warmly: © And here is ible. may os well return it to you, for Thope I shall never wane it again 1"”
A PRIEST BHINGING OME A TsoNEn'® GUttT.
The priest, being determined to open the cyes of a prisoner to the guilt of his conduct, ended by’ saying: “Oh, Pat! and what do ye think will be your feelings at the Day of Judgment, when you meet Widow Maloney and the pig you stole from her, face to face?” “ Does your riverence say that the pig will be there?” “ Ax,
8
TA CURIOSITIES OF LAW AXD LAWYERS,
indoed will he, Pats apd what will thea?” “1 deco’ will bei Det ord Ta talons; oo Seta that't borrowed of ye, and ifs mighty glad Lamito this opportunity of retarning the oratar!*”
EMINENT COUNSEI’S WAY WITH JUNIES. Sir F. Baxton once dined in company with Sir J.
pre-eminent. Ee one
’ paying xd to, oth iso said be knew the secret of short.
“T find,” said he, “ that whee I exceed balf an z
am always doing mischief to my client: if I drive into the heads of the jury important matter, I drive ont po ra ere,
OCOUNEEL EXPOSING THE PREJUDICE OF JURIES
woe abortly committed for trial, and was about ——
and claimed him, proving his identity by the clearest evidence. The jury were staggered, and felt ashamed at their indiscriminate verdicts,
JUAVARS STARVING RATHER THAN GIVE DX
When Perry, the editor of the Morni in 1704, was ‘tried for seditiogs libel on 2, Goa before Lon Kenyon, the jury deliberated fourteen hours, and then brought fae verdict of “ Guilty, bat wot: will libellous intention.” The j; Te! to take such | verdict, and sent them back with dircetiooa that he sromlal
=
MORE ABOUT WITNESSES AND JuRYuRS. 755
be content with a special verdict, which was to be sent to his house. After ten hoara more, two of the jury, being determined not to yield, said thoy would hold out for ity-foor hours longer, drew out their nightes) and told the others that there was no law against taking some sleep, but that they it be awoke when the others were agreed. At 6 a.m. they awoke, and said they were ready to go on another py see hoors. The others then, secing no end to their imprisonment, con- sented to # verdict of “Not guilty.”
SWEARING A FEER AS WITNESS.
At the impeachment of Warren Hastings, Lord Stormont was called ax a witness for the defence. Tho point was raised whether he must give his evidence at the common place for other witnesses, or had a claim to speak in his place asa peer robed. This last view was accepted. Then a new debate arose as to whether he could be sworn on avy other New Testament than the ‘one belonging to the Honse of Peers. This occupied a
uarter of an hour, and it was docided that the itamont must be used,
CROBE-EXAMINING A RAILWAY ENGINEER.
Daring the passing of one of the fret Railway Acts for a line between Manchester and Liverpool, a great array of counsel had been retained to oppose what was deem ‘& Innatic project, especially aa Chat Moss had to be crossed, which all the oracles said it wae impossible to lay a railway upon without going down thirty or forty fect; bnt Stephenson lnid it on brashwood and floated it, Baron Alderson, then a leading counsel, who had been senior wrangler, was retained to crossexamine and bamboozle rge Stephenson, the engineer. This was the examination.
Counsel: “What would be the momentum of forty tons moving at the rate of twelve miles an hour: have you seen @ railroad that would stand that?” “Yes, any railroad that would bear the weight at four miles an hour would bear it at twelve.” “Do you mean
756 CURIOSITIES OF LAW AND LAWYERS,
think you, be a very awkward circumstance?" replied Gi beseng awkward for the coo!” ‘The
PARISHIONERA WITNERARS AGAINST THR PARSON,
Dr, Guthrie, the eminent Scottish , tells how difficalt it was for his presbytery, when ini ‘ing
judgment had to frame their questious in onder to
the trath from bias a eins who were on!
witnesees. When asked if he was drank, witness:
say, “1 will not say, far boss swenr, he was drank: he
it have been sick, or something of the
knows?” Sometimes witness went 00 far as to he
hed an im) jon that the minister was drank; one legation that the minister had once reeled and
Halles poe (he Falta eel ae ee le
carry them all to
i EI
back. One witness, in reference to this poi what bia i ion was then as to sobriety ? hn, the witness, therenpos replied ax follows : * Well, Mr. Guthrie, I'll j what L it. There was n great fat. the pew in front of me: aud thinks I, * My. lad, f=
ina
eB
set off to the kingdom of heaven with that wife on back you'll not be back in time for the rest of me orry. -
MORE ADOUT WITNESSES AND JURYMEN, 757
AN IHISH WITNESS DEFINING NOTHING.
At the Donegal assizes, Mr. Doherty cross-examined a witness thus: * What business do you follow?” “1 am_a schoolmaster.” “Did you turn off your scholars, or did they tum you off?” “Ido not answer irrelovant, questions.” ‘Are you a great favourite with your pupils?” “Ay, troth am I—a much greater favourite than you are with the public.” “ Where were you, sir, this night?” “This night !—there 1s a learned man for you: tl tis not come yet—I suppose you mean tat night?” “T presume the schoolmaster was abroad that night doing nothing,” “ Define ‘nothing.’” (Counsel not avawering) “ Well, sure, and I will detine it for ‘Nothing’ is footless stocking without a leg” (Much langhter.) “Yon may go down, sir.” “Wnith, I well believe you're tired of me; but it’s my profession to enlighten the public, and if yon have any more questions to ask, I um ready to answer them.”
A MODEL WITNESS TO CHARACTER.
O'Connell said he remembered a witness who was called on to give evidence to the excellent character borne by a man whom Chief Baron O'Grady was trying on a charge of cow stealing. The witness pot on the table with the confident air of o fellow who aright goa opinion of himself, und went on shifting a glove
one hand to the other, to keep up the appearance of having » whole pair of them. “ Weil” said the jodie, “do you know the prisoner at the bar?” “I do right well, my lord.” “ And what is his general character?” As honest, daceut, well-condueted a man, my lord, as any in Treland, which all the neighbours knows; only— ere was something about stealing a cow!” “The very thing the prisomor ix neensed of,” cried the jndge, interrupting further lnudation.
A MEDICAT WITNESS PRESSING FOR EXPENSES,
A physician had been detained many days as a witness at the Limerick assizes, and O'Connell says, thor. Wwetore.
758 CURIOSITINS OF LAW AND LAWYERS,
leaving st Seta Jee gd moh
reonal loss and inconvenience. Fit py bw Fern py parieet¥ Gioat Ape dupa? au nod it Vaca kip bere much longer, how do I know but they'll get well at
SKEJZANT HUNTING UP HIS WITNESSES,
the Earl sent his son, Lord Harley, Serjeant Comyns (afterwards Chief Ber to the Duke of Marlboron, hy esting his Grace!
ipa at the trial, 0 Dake, in some aired what the Rarl wanted ve him, The lied that it was only to ask his Grace a
two. The Duke walked about the room for sont « a quarter of an hour, without Biting any answer, saied fy distatbal 5 after which he eked for what is attendance was required. Lon Healey told i i wee sal, as to bis “band.” “What!™ said bis Gat “has your father any letters of mine?” “ Yea." replied Harley, “all the letters your Grace ever wrote to him since the Revolution.” Upon this the Dake continued to walk about the room in the un- easiness, and even flung bis mie off in psstion, Mr, Serjeant Comyns interrogat terrogating him wie answer they should give to the unfortanate lord, he said, I will | cortatny be then” This was the trac reason why the | Barl of Oxford was never brought to his trial, It wns said nt the time that Oxford held proofs of Marlborough’s treasonable corre: we with the Pro~ — the French Court ; and the Duke mysteriously
Eng
DIFFICULTIES OF RAILWAY PROJKCTORS’ WITNESSES, | Before the railway mania of 1845, when was developing the locomotive, aud L proprietora ee looking on surveyors a« mortal 7% i
MORE ANOUT WITNESSES AND JuRYMEN. 750
it was difficult to procure evidence of icable roates for new railways. That self-sufficient fashionable doctor, Sir Astley Cooper, said these railway schemes were reposterons, and if allowed, would in a few years roy the nodlesse! One Mr. Bradshaw, the Duke of Bridgewater's agent, kept a staf of amekeopers night and day, to watch and shoot all the railway men who t upon the Dake’s lands. So the rase was adopted one moonlight night of purposely firing shots at a distance in a wood, which had the effect of drawing ‘off all the gamekeepers, and then the surveyors at once oe their survey in peace. Sometimes they had to the work with dark lanterns at midnight. One lei landowner was a farions enemy of steam engines, and could not be talked over. But one Sunday, ‘on seeing him enter the-charch door, a staff of sur -veyors, fully caripped, sprang at once into his fields and managed to complete their work just when the service was concluded.
This enmity losted many years; but when the first railway train possed on the London and North-Western Kine, and Dr. Arnold stood with hundreds af people on the bridge, watching it with wonder as it dashed along, he exclaimed, “I rejoice to see it, and to think that fendality is gone for ever” George Stephenson lived to see his “bottled sunshine,” as he called the motive power, triamphant everywhere.
Goop ENOUGH FoR THE JURY.
O'Connell said he had witnessed some brilliant first ances of young counsellors, Quo of these wus connsel against. a cow stealer, and wound up his speech with a violont invective against the thief, who it seems had branded his own name on the horns of the cow he had stolen. “ If, my lord,” concladed young Hortensius, “the cow were a cow of any feelings how could she bear io haye such o malefactor'’s name inseribed on her very jorn 2” Another able junior warned the jury not to be carried away “by the dark oblivion of a brow," looking at the Tusille alvcostn. A brether connsel, stopped. Nas. smh
760 CUMOSITING OF TAW AND LAWYRRK
eee ced Tisee i by bot k epee aerate ‘once rejoined, jow it enongh the jury!” (Seo ante, p. 685.
CAULYLE AND YRLLOW~JURYMEX.
Carlyle was -a special joryman on an indis-rubber holla: hog a ppg rebarar ee Noe sammoned. The ju to finish the ease. oped and then there were eleven for the e ples oad coat other way, who would not yield. cy were led down into a stone cell with twelve old chairs, one candle, no mest, drink, or fire, no dinner, aud their nerves worm out. The refractory moan, o thick-set at-headed anck, erected himself in his chair, and said, “Lam one of the enna men in Eogland. I know this room. + I have starved out three jaries already,” ays, “Don't argoe with him. Flatter him.” Tt was a head all cheeks, jaw, and no brow, of shape somewhat ike a great ball of patty from a beight. We all set to work on him. In an hour we at last prevailed him to agree ; as, if be did not, what chance could thaws re be, that any future jury would agree?”
LORD MASSPIELD'S RRERACTORY JURTMEX,
Tt used to be said that Lond bet bt tried to edocate special jurymen for the purpose of them: to discharge their latices more effiesently; and wi tad ‘of London had some noted citizens, who from their intelligence and ex; i were honoared with the name of * Lord Mansfield's jarymen.” Bat this practice of ig ii ha se pera. Once one of these fa
citizens, named John Benson, iehrirda a8 Tost Manes field to have a talk about the then rising doctrine of libel, and the duty of jurymen Sa implicitly the directions as to the law ; iw Bente aiee lectured in this way, did Te at Mil withthe who after 4 while and said, “That will do,” grins the itor n hint to be off, Noto
after o dignified panse, drow himself op and’
eul =
MORK ANOUT Wirwesses AND JoRYeES, 761
“Your lordship’s carriage brought me here, and I expect
Gkitditake mie'bock agala”) Aver this’ sodiaky tie gaiee
avoided the oe Benson, and whenever the name
as vee Intter was called over, the word was given “Pans ‘im by !
THE MOB APPLAUDING A VERDICT.
A correspondent of Mr, John Billie says, in 1083: “The jury having bronght in f* not guilty” the Bishops, the unraly mo and exclamations. Some of the gown were also observed to be as loud ns uny, for which the Attorney General Powis eaused one of Gray's Inn to be seized, and bound him to anewer toon information. The Solicitor Gencral Williams was like to catch another, but that he narrowly escaped Inthe crowd. ‘The giddy rabble continued thelr disorderly joys till Sonday morning, making bonfires all Satarda; infght aud committing some insolencies where they found no contributions. Several were wounded, others were
bed, and many will be called to an acconnt this week
that the Quarter Sessions do begin, Yesterday, the Lord Mayor appeared before the King and hi council to give fecount of those few bonfires which were made in the city by some of too fiery and indiscreet zeal.”
762 CURIOSITIES OF LAW AND LAWYERS.
CHAPTER XIII. (continued). MORE ABOUT THE DEAD AND THEIR WILLS. (See ante, p A9L)
A OREAT sUDGR's ELOQUENT Witt.
In 1608, Thomas Sackville, Karl of Dorset, besides being a poet, succeeded the great Lond Burleigh as Lonk Treasurer, then a judicial office, and also sneceeded Sir Christopher Hatton ax Chancellor of the Uni of Oxfonl. Bacon extalled: Dorset for lars . Be eloquence wos so polish his style so Gnis desl bemen the wobier ot his thasy ond Slr aera
zeal, and hearty those her so rare, reverent, and many virtues of charity, modesty, fidelity, humility, secrecy, wisdom, patience,
4 mind replete with all piety and goodness, which ever more shall have and do abound in her, deserveth to be howoured, loved, and esteemed above all the
wealth and treasure of this world, and therefore by no price of earthly riches can by me be valued, recom .
or reqnited: to her, therefore, my most, virtmons, fail | amd entirely beloved wife—not, 1 say, as a
ut as a troe token and testimony of my
love, affection, estimation, and reverence long ne =
and ‘settled in my heart 'nnd son! towards her, | give tes, ote.”
= |
MORE ABOUT TIE DRAD AND THEIR WIKIS 763
In beqneathing “a picture of Qaeen Elizabeth cut out in agate.” he Jannches forth in an elaborate enlogy of ‘hia royal kinawoman as “ among the most rarest, wisest, and worthiest queens of the world ; and now that she is fone to God her blessed name remaineth glorions and
ous to all poxterity and nations, yea, even to the very uttermost ends of the world!” THe also snid * Mislikes and mixconceipts are graven in brass, but good tarns and Dencfits, thongh never so kindly bestowed, are written in dast—such is the ingratitude of this iniquitous world.”
JUDGR MAKING BY HIS WILL SOME RESTITUTION,
Sir Thomas Clarke, Master of the Rolls in 1763, was dining with two bishops and Lord Bath ; and, e rest of the guests had departed, he and Bishop Newton were conversing about the probable destination of Lord Bath's great estates, aince his only son had suddenly predeceased him. The Bishop remarked that, as it wwe the estate of a mad family, and descended to Lord Bath by the inenrablo madness of Mr. Newport, he wished that
might put it into Lord Bath's heart to bestow it in founding an hospital for incumbles, or in making a large settlement upon St. Luke's, which was a charity of same kind, and wanted such assistance and snpport. ‘The Master of the Rolls was struck with the thought, and said that a better never entered into a man’s heart ; and avked abundance of questions about St. Luke's, a3 to the ature and state of the charity, all. which, the, Bishop answered as well as he conld. It was without doubt owing to this incidental discourse that Sir Thomas Clarke, finding that Lord Bath had died and done nothing of the kind, and dying himself within half a year after, did in his last moments bequeathe £30,000 to St. Luke's Hospital ; and some of the governors were sensible of their obligations to the Bishop on that
nccount. Bir Thomas Clarke was the son of a pawnbroker, who by his learning was recommended to Lord Chancellor
lacclesfield’s notice as a fit person to edit » MS. copy of Fleta; and having prospered in his profession by such high patronage, so that be even refused the lord
TA CURIOSITIES OF LAW ASD LAWYERS
chancellorahip on one occasion, he was 50
be loft the bulk of bis fortune to a of the Chancellor; and with the rest, as above stated, be made # bundsome restitution to St. Luke's,
ARRESTING A CORPSE AT A STATE FUNERAL.
When Sheridan died and his body was removed to a friend's house in Great George Westminster, where it lay in state, some friends called to take m Tmt look. A person dressed in deep mourning called —— the rest, saying he bad loog known the deceased, liad come a long way to seize a parting glance of his ald friend. The attendant, with some reluctance, opened the lid of the coffin. The friend gazed for a moment, then slowly producing @ paper and a bailiffs wand, he touched the face and said: “I arrest the corpse in the King’s name for a debt of £500." Before the ex; os were heard ont, the fanern! group assembled. ‘The matter was Spe iene oi took cipeh en a o aside
‘coed vice. revent the arrangements being stopped, cach gave a cheyne for £260 to the bailiff and as it was, considerable delay was caused by this indecorous interference.
THE TITLE-DREDS OF 4 CORPSE.
After Lord Byron’s donth his body was consigned to Mr. (afterwards Si Bowring in @ puncheon of which came from Missolonghi, whence it was ton leaden coffia, which lay exposed to the inspection of tho priviloged for some days in Great George Street, Westminster. He wns buried at Hacknall ‘Torkend, near Newstead Ser his ancestral sent; and corions eontro= verny arose as to the proprietorship of an album whieh Mr. Bowring gave to accompany the corpse. Tt became valuable in consequence of the many tinguished persons who visited his sepalchre. ‘The heirs of the sexton claimed it because ho had obteined signntares ; the clergyman claimed it because it: to him in virtne of his office, that being the of all property brought within’ the walls of the churehy
a_i
<
MORE ADOUT THE DEAD AND THEIR WHA T65.
the churchwardens claimed it a8 trustees under their lea bet ity ‘The matter was referred to Mr, ‘ing, who could give no opinion ; and it cansed much among lawyers. Mr. Bowring understood that
it was ultimately decided that the property was parochial, but that the rector hnd a right to the tempormry custody,
HOW THE MONKS WERE CHOUSED OF A LEGACY.
A citizen of Bordeaux, by his will, directed a valuable horse to be gold at his death, and the price to be given to a religious house. It cume Lo pass wr the testator's death, when the asseta were collected, there was barely suilicient to pay the debts, and the widow aud children were left almost destitute. The monks pat in their claim to the horse; and the widow, kuowing that she mnat sell the horse and obey the will, had an inter- viow with hor servant, whom she instructed to take the horse to market and sell it. But he was to sell also a cnt ax part of the bargain. The horse, being of great beunty, attracted the notice of a purchaser, who, ou the price being asked, was surprised to hear that only one pistole was asked for it. He thought the servant was only joking, but the servant: gravely replied : “ It is quite correct, sir; but I have also w cat for sule, and purchaser of the horse must take at the same time the cat, and the price of the cat is 300 pistoles.” The money was promptly paid for the two animals; and the astate widow, in administering tho estate, scrapulonsly pai over to the monks one yrstole as the value of the horse,
DUTY OF EXECUTORS AS TO A WILL.
Belden, the. grost lawyer, having, « fine collection of backs, evolved. tar give. fb. toi.the, library.of Oxford Parent: But one day, having oceasion to consult a MS. which belonged to their library, they asked him. to tign.a bond for £1000 for ite restivution.. This ho took soil at their hands, that he strnck ont that, beqnestin his ill, deolating in a passion thst-they: should aver bays Th, ‘The executors, however, one)of "whom wae. Hale, oa
766 CURIOSITIES OF LAW AND LAWYERS:
and over whet his passion had maetaory. lo Oxloed Unter, whew gare pecag ld gt: for ith reception. po
his rare collection of MSS. to Lincoln's Inn.
THE EHROUD OF AN EMINENT LAWYER.
A CHANCELLOR'S WILL MISSING.
Tt need to be universally believed in the profession that Lord Chancellor St, Leonards had tei great pains in drawing bis will; and all the old converancers of Lipooln’s Inn looked forward to a grent treat when the
time should come that they con! stody this masterpiece the x hancellor died in
which be often took it out for re-pernsal, seen five months previensly, at his death it was found missing. His daughter had often read it in her presence, and was well acquainted with its visions, and a novel question arose whether
i
fi
evidence was admissible, so as to obtain protate. After much argument it was decided—and it has ever since been leading case—that, as the daughter coald gire so clowr ‘and satisfactory an acconnt of it, her version oaghtto le admitted as secondary evidence. If the will been stolen by some interested party, that party niust have been entirely bailed. Several coiicils were preserved, witch ole helped the Court to s couclasion,
MORE ANOUT THE DRAD AND THEIR wiLLs. 767
EPITAPH ON A LORD OMAXCELLOR,
The following epitaph was prepared by an eminent hand for the tombstone of one of the ablest Lord Chancellors -—
Rictany Barox Wrersvny, Lord ap Chancellor of Ragland, jinent Christian, An aeaes ‘aud merciful Statesman, ‘And astill more eminent and merciful Judge. ‘During his three years tenure of office, He abolished the anciynt method of conveying Innd, ‘The time-honoured institution of the Insolventa’ Court, And
‘Tho Eternity of Punishment,
"Towards the close of his earthly career,
In the Judicial Gommitteo of the Privy Council, He dismissed Holl with coats ; And took sway from orthodox members of the Church of England ‘Their last hope of everlasting salvation,
KPITAPHS ON ATTORNEYS. In Moore's “ Memoirs” this disrespectful epitaph is related :— © Hore lien Jonx Suaw, Attorney wt law 5 ‘And when be died ‘The devil cried, Givo us your paw, John Shaw, Attorney at law."
Another member of the same family is more fayonrably commemorated at St, Bartholomew's Church, London :—
* Hore lies William Shaw, An Attorney at law ; IE bw is nob blest What will bocotn of nl he reat 2” Burns wrote the following epitaph:
“Horo lies John Bushiby, honest man { ‘Cheat his, devil, if you can."
768 CURIOSITIES OF LAW AND LAWYERS
that no faneral should be shonld lament, as at a wedding, music and minstrels shonld be pro ;and, instead of mourners in black, that twelve virging clad in green should carry him to the church. And this direction of his will was faithfully
Scotch j , Lord
ante, p. 346), bod moro homely views as to the ceremony; for according to Boswell this happened : Dr. Clark told my futher, the day Lond Forglen died called at the door, and was met by David Reid, hin ‘How does my lord do?’ ‘1 hape he's weel.! doctor knew i was dead. David conducted a room, and when he looked beneath the table were two dozen of wine, In a little, in came the of the doctors. So they all sat down, aud) David them some of my lord's last words, at the samo putting the bottles aboot very busily. After they taken s glass or two they arose to go away. * gentlemen,’ said David, ‘not so: it was the 0 the dead that T should fill you a’ fon’, an’ fulfil the will of the dead.’ All the time the running down his checks. * Aral indood,’ said the ‘bo did fulfil it, for there was na ane o' us able to his ain thomb,’”
Fete, Freire
Pa
“| if
fH
GREAT RESPECT FOR DECRASED RELATIVE.
When Dapean Forbes, of Culloden, was a rising and Tong before he beeame President of the Coart Session, he was noted for his st head and convivial powers. His venerable mother died in 1716, and about ven thonsand le collected to celebrate her ‘The drink distributed was so copions that they were searly all drank when the procession started. they reached the grave, and stood or Inrched with expectation to see the coffin decently disappear, it waa
bye
i
i
MORE ABOUT THE DEAD AND THEIR WILLS, 769
then discovered that, amid the excitement and delirium before starting, the coffin had been forgotten; but the com-
sly waited till messengers were Tike toeepalr the nnfortunate omission.
A LAWYER ERECTING A TOMB TO HIB UNCLE
The David Home had ® nephew of the same name who was an advocate, and became Professor of Scots Law, and an anthor of learned works on Scotch criminal law. The nephew erected in the Calton Hill cemetery a very massive monument, or square inclosure, in hononr of his nucle the philosopher, on 9 then in full view of the passengers on the North of Edinburgh, and bearing this inscription only: “ David Hume, Esq.” As the workmen were busy completing the work, Dr. John Brown, the author of the famous Branonian system of medicine, was, with some friends, looking on, and said to the mason: “Friend, this ix a strong and masey buildiog; but how do you think the honest gentleman will get ont at the resurrection?” ‘The mason instantly replicd, with an arch smile: “Ah?
T've secured that point, sir, for I have pat the key under
the door!”
DORIOD NEITHER IN CIORcH Non cmMTnoNYARD.
Anthony Etterick, the first recorler of Poole, was an eminent antiquary nnd Inwyer, and communicated the nddition to the article “ Dorset” iu Camden's “Britannia,” Hntchins states that, in eonseqnence of some dispute with the parish authorities, he had made a vow that he would not be buried either in their charch or charchyard, ‘The matter was compromised by his executors buryin; him within the thickness of the walls of the sonth aisle of Wimborne Minster, in 1703, where the coffin is to be seen at this day.
A TESTATOR LAYING UP TREASUNE.
When the American judge Curwen visited London in 1775, he wae shown a monument at Great St. Helens, a
a —)
CURIOSITIES OF LAW AND LAWYERS.
to Sir Thomas Bancroft, an officer of the Tord Mayor, and Knave who had heaped ‘up moch weal! is be left to trastees, to Some =e mos! wi the wealth wou! In the meantime he ordered his body to be coffin with « lock, hel coal de Interior, and whieh was to be deposited in 8 glass window wnd glass door. once a on 6 certain day attest it, directions had to that time; bat, the trnsters at I-gotten erected almsbouses at Milo for the support of poor women
LEAVING ENORMOUS LEGACIES.
When Dr. Gothrie was » eat clergyman small Scotch village, one of bis parishioners was kind, generoos, and cl
natore, but his own worst enemy, owing irunken habits, which rainod all his enterpriscs. his Iast hours were ny ‘ing, the lawyer was for to draw up a will to the dictation of his cli ‘The latter was most liberal and thoughtfal, and mentioning handsome sums as beqnests to his the Ia at ietirestned tolein Soe Edon't yon have all that money to leave? this the ready answer was given: “Ob, I know Seo as gir at at ae eae w
ae
3
ike
INDEX.
ABERDEEN provost and. ‘Aceidlent in. court, 103; ligoneo, 418; witness worn,
eH ni wh Seb Pari oan.” adpeine tevatea bed, LE, ca
rougher, 118, 60% UT; Jobn Adains, 11 rans, 1 ae Te isp! ‘Chlet Sortie Ol M. Cham- ters 121: ‘Maisie Hey, 13,
Vianket, 16s rime, 128,
fenetian, 1: nae a anuings § 1TH. } firt’ fornale, 886; as, 550; French,
ermit of, 6b; Komen, Eronch Mi als, 408 ; Doce
tr:
conse, * Also "and “kewise” explained,
Alktty,t 1, whistling, 58) on » ‘cast, 174) a “devotions,
59. | Aerio part of Kes Jai ee tgs an Pe * Chie Snsiee Parsons, Rufas
dintnd ewe, ca, 735 Ancestors, wisdom
Ancients, education ‘Animals,’ Brekine's Ivo. of, 350;
atti fue 668, 741,
holy water, 658, Atking, three jullges named, &7,
“prance 18; dimgon of Wantley an doited by i
ord eh COT? Prayer for, re een
i Hee] zy HH
ii Hills se a nen ie Fl
sfc Whi Hl ie mt id Med
te ie le ite it
ala ih
z sil igen cue lt ae
urlow's teary 40). | 385; hie 7 charged tent ban Canc, 3 itetn tani 8, Baro, ons 78 S49 and mun dg, 890; of Great Barr, Aaron, Sg ne e's lis, Busy ayers 8 125, 19 3014 Macclesel, bribery, 3914 Busfen, Tiss Geumtnfag Weller, hesteting | ito tate offon’ 208: it : v4 econ 400 of, 204; Hardwick tyron, Lord, re ie counterpant to Jags, 29; corpre of, TOL. Boe: delaying a
of, Ree
Campboll, Lord, praising jodge's arity, $35; as la a i mort aa Sate | See tree el
solence, ings, 336; speaking in I Jekyll, 406° diner tonoe, 385 an Tcbancelion, 1ory toner of, or 291 soterd ‘oud bar, 408 : "break
and devil's advocate. | 402 ; perquisites Set pines lawyers be: | 408; atesling eoal thrown i
i i 3
2
iE BES
ih Ss
in, 14.
‘Curd chi 53, wal a phantom, 413 ;ut white- ‘Carlyle, on. 096; ae ‘Veit dinner, 4145 bi Sn pees flower-garden, 414; luttor- ‘Caso le altored, ay ‘698; 00 rood . 's house, SL9, bo, ; Bacon's late 097 5 Censor of freer, 207 ot play, 368, ‘wadding, 608 ¢ Certiorari to: ‘145; bring: acdlunce of, 698 5 Benita, ‘children by, 1 “4 a; a funeral, on. cafe 2 jwge,20 ja counsol, | sormon on King’s. death, 198.8 Meciorney, 8h. polite to. astro 701 5 at Kite phen to, TOL = 702 5 ase, Char paket a vaneaman, 2 king toking rel " slope fut jie et | Ling, 2 theokoien, 2014 im the Commons, 961; | tandidaten for 106; Ast day Any See ey for inte closer eo sepa peatn a taed “ a
e i 1: 3 eee ce Le “i bee uh Lae tee JE na ii af a nea {ie 3 i ae ea dee ae Meh Hh i = cuilale iit # a afitig tas py
INDEX, vit Congé a'éiire, 297. ‘humbiy conoetving, 176; | 178: 5 See | ae ae, ‘with eonnsel, 188,206 | citing 179"; foes of court, 96; committing end retainers, 180; Sa a hanging bimeelf, I88; Jats, 1 ed oo) awit ; drawing
Counsel, epocch, orver of, 33; called
& haranguo, 36° thumping: the tae, a7 cated on to eet,
ting, IH; using oath, 116: uring simile of eaycto, 118; slan-
isd ay, 31, BORE invoking God of eloquence, 1104
fore, 163s Homan income of, 164; Andee, 106; hunting eld, 164; 10- ‘mombering eases, 165; gratuitous ‘opinion, 167; ons ware more, 156 amicus curler, 167, GO; makiog
egies i ae
i
aides, 191} pompous, Wertog, 1 Bisons
25
drunken, 4 feeoan hes eanee, 48; be
jaa
ia
' ne a He Fie is3 i ee a tl 3 a aT fe
HA ee lee Hiltl So
INDEX,
Dismiexing jadgor, 70 chancellors,
Dieting ertinal, 303, 640,
Diswontecs ol “oe 38; ‘Thurlow om, S¢t. edaridge, J ube sleeping Suge,
judge's on bench, 2; vile, 60, si tah St — pepe tartan
Doubts of Dirievon, if
Dress regulated by statute, 0. Dronbea, a S10; ‘counsel, 171, 360, 438, 612; judge. on
Doel of attorneys, 135, Dap, law, ford, grat ab acbiteatloa,
Dundas family, 520, andouald go pillar, 208, Dunning on ots, 83 learns
Meg of 8; a hg "ha reading:
406 ¢ bis id = wry ae viata aa
Doteb advocates, their cath, 8,
EAGLE, simile of, 115; of the Bar, 163,
Kastor torm, 549.
Kelucation with the ancients 4:4.
Eldon,Lordslownom of, 16; writing letters on beneh, 22 segrvings 285; elopoment of,” 252; bis reasons, bis verses, 866; hed shot, 86); reading inilton, By sappciting judge, Ws con: oo nslngseal he punt 4 et panty burying seal, 414; som for, 71 el econoray, 73 bla meas
Kleanoras Chancellor, 878.
Kltsaboth asked by Parlisment to anarty, 240; Coke's sloquonce,
7 waking chancellors, 875,
17
382; and Sle C, Hatton, 252 ne 5 Menborogh, Cy & hanging fod, 1, teriog Mone, a1) re ing Brougham, 34; called vituperstive, 65; Joeose treat oentof counsel 160; onewearing. 295; politician, $39; om 348) im Pulinmont, 9615, om! need ‘at French tal,
TH Koblens o€ femple 218 English “in tow, te, satates, 288, Rpliaph on Boece lamp ‘on o Migs: th Ts on lane 766; on eonveyancor, 1 Erskine pope oe borough, 435 on counsel and client, 110; a hearon-born advo: cate, 1214 swan with bwo necks 144; using oath in epeeol, 115 > Indian ebfof, 116; monoy tent 121; in patent ease, 122; sion suctlonecr, 127; horsedersu: M5; elie defending imei, 9; Negacy to, 183; Mf notion Mew 85 Sines ts comin Ay and Colinas, 174) rotainarn 180; at consultation, 186; m4_rolun= toor, 186-7 s om the devil, 258; 0a bert of prams 2784 ts Pala ment, 32h Bi hat
355; lovo ‘of —
ato by Bay dinner, 414; omuelty to animale, 436; 00 wits news's nooktio, (54; a8to swearing: witnom, 49 ; in foreign theatre, 562 ; on o>urtowice, 468; on sloop: essniens, 649 ; ove roared, 823; ara 1 OT ¢ wt polit
ita Privoner, 4) wines mE mss 106, 8004 of scaffold, 902,
778 ISDE, Kesagetist robbed, 643 ‘GABUIEL, ABCHAXORL, as wilemes, Rridence, necessity of, M1. 400. ms Erona M, fatron slat 1, Gallows cedered, 646-7. Experinetar os orbboals, 804. Guanlog, fells on 87, 590,
7 i en Lond a rh FABLE, new, £96, ment to, S14.
Fazakerly's grata 9 eT. Fearne ead ord Sana, e& Lat ree Serjeant Vanghan on, Fees of counsel, 190, 510.
Fetters on
Fertane-telling witness, 471, nr French ‘advocate, "IE6;
Fionn Talat
»'
forms, 397; investments, 6715 as chuncallor,
Motion, Christopher, joke of, 1555 ‘ax chancellor, 882, ara
to, Lj removed by
1) hog. nttorowy like, 132
Bex fudge, saving © point, 206,
Bonry, Patrick, 124, 126, Hermand, Lord, ax = indie. 106 swoyle
mag han, ual i racing in soa Iss se.
fn Eng, epg cocasion, 6165 ‘ong, vies
it
ie bel hs Lee ener,
Honast lnsryers, 2; few, 8, 606. 808,
Honour of Hore Memurring, 1453 on cfreult,
ait Toakshsnock, 690 ook, 486, sig ees
Hudlbras, deveription of lientn
04 Hunger, stealing ‘rom, 42. om, lasryere cn, 90; thik
ipportor al, 340. acta ‘defending Phryne, 147,
Tntallibility of courts, 614, 645. Information by Attomey General,
291, Taba oP Ooerh 316-955, 008
2 Tneanity, plea of, 31% Trish counsel om the eagle, 115;
wi lem lenny, 238; as to wits, Tit witqent, 1535, oostralog favournbly, 435. trony to a jars, 485. ‘lax Ltt as judge, Tfuseral
beading wile 839.
Tostor once nttornny Jew admitted at iesaeen 163; drowning on Sunday, 44; as
Johnson, Dr, on advocacy, 108, Joke carried wo fax, 820; half an
affectation of fase abt 304 kseplng Sse company, 20; a
/
RUA y ii i : ee ; bie
Tie tiie Cate ‘| fea ee ae in a Tilsee. fs
id Tar te a ab i
he cocaslon, B16 ;.0n
to uta Sot wenn pe
Iulinn the sportle, 65, unis, proton of, 3895 jury 4 Jury, teal by, 479; kopt without Sl, 479, verdict tavousite founoel, 4601 gratuitous ser vicon, 48;
Tonvotion, 481; nnentstty, 480 ene holding ous $095 tah jury's verdict, way of counml, 489; trial by, SSpepetear i At ng x xt IS tn sedotioncaze, 4840s mach irony for, 486; Irish Sein, com 4885. wolghlog of:
Siang ANT; obwtincy ots, | Te Toryman falllog jn 0. Bt, 482;
raise question of damages, 489 j Tirosling spetsl aij espiatoe
Kitt and i
fenighan eng. 2
Laxvanern, Seman, 982.
Tay judge, 12s chancellor, 978; ‘breech of promis
cates, 556, Taandlord pressing for ren 152 Langlois, reagan ing ba
Laing i Charles 1 8.
of
a defn! Wen, of, Ta gla elas didiouley of:
Hsing ann i
forcing, oobwel
law, Ht; on
MACAULAY ca the
por eyly Poe
8 sii
163 ; leave (, ATA; om libel, ‘as toinfalli-
20; favestmenta, 671 pal = 67S; at home, 708 ; bie
vit Bir J, Cy gonerosity wii rat Be Sate 81,
alieal prosceus
161} on cloning the onse172,
7.0n Providence, 295 ; a
sds tt on bigamy, 17; 0
pete
msldoats, 905 862, 604, 608, houses, auntie, a.
acting:
erzon on, #09.
Midnight, childs birthday when ‘born wt, 440),
Tiindfelded, 62,
slooking prisoaer, 299; and
Allliver made referee by court, 10, Minleking judges, 71, 072; of
Ei ae ‘Miracle raving prisoner, 733, Misrute in. Temple an.
Midwife mit
He Monbosdo, Lant, 615, 625, $36, 675, GT. Mosk, Juige called toga, 06; on
ory figs ‘Dr. John
despatch, O48 More of Mate Hal, 129, ‘Mouse under ‘Musical box in court, oe
Favela on er tr
Native country, witnoes leering, ature; quoting book of, 67.
‘Nogligonce ant novdent, 418, Nogro criminals, 300,
sophie, aT, peace
ite tee seraple eres Totter
kT i 426 ; changing:
oh forsale fely seat vorsutag a ae
nd hnman things fixed to freehold, 483 ; how they married at Gretna
' ile nt
ae le fe : ta all al au
ee ike 7 ie ii
te ne He Rae fi
He ai |
ies es
Lanett a , laidiat! a i
‘of m naine, 207 5 Bootel, " 1 protender N65 judge : cach otter, 253) as eu 45. votber, on Sey sioieies | Macerekrae a 900 speaker pe tern paho= my Fottion of a jum ieee Vont-ot 201.
onsions of jorge, ff Frei sSostle! wee Beiter eaainstig, 287, 658. | Promier'® teeastnstion S37, E88.
Parsanal nareative, Preseription, Plonket Gu, 1253 to
Peter the Great ob lawyers, 7. Tob, 190,
ater remy Ueity of #704 exnaor
Pubigpos fie Sceeeeiiay Preston, epitaph ony 137 ar, 87 | argument 1 nto foeeoply 160 | ony onge
Pbryoe in court, 147. mooi, 168.
Physician
‘recovery, 196 | jennt, proy, 122. Gai. cai ‘W,, speaking to the
208 Won, 872. pg Ply Aas a e105 sag 342; going out with hls boer, 314; woe vat 144; watching 18 gama, easier, (20, ing ieee ety ad Neeatesaing out jnsome, | for, 32 "graf Ue, 164; abe word more. 1 nop en craton 128 er rd of chancellorahip, fo paper Flomor, M. R,, slownese of, 16, or Poetry aria te af, 324 on, aren jz Tolite judge, 46 Folica economy ot fatgen 24h i
bu ce we in Ce
He i Hn a ile aul fa
: | raul i ils ae tt ii i a Hie Hint i int a i ie 3 ae : A) id fet ial i el id he i | ie are
mien Ht fo
fel on eas, 601
tack shot, OBL Step] vite Puslovopber, S08) svi Counsellors. devoted dauytert
Repesting sander, 421, Rey
port, ian ogi, 8. Reserving, point ov oireatt, $08
pie ote
Rhinooeros, chancellor on, #68
Ea, ‘will ae 405, stone thrown
bustinond Park, right ot mine 18, Kiogdroppers and chanosllor, 465,
r. AT, Eighteen a
ing, O47, Sancho Panza's decialon, 861, tropes 5065 hie
reports, 34: Savage, trial of, 297, Heal etiquette, 02
on, breaking up, 408, 41 ing ‘of, 411, 412) thrown Into Thames, 411. Ree “ Chancellor.”
Secretary ot State opening letters, Selitions Hn) 202; search for,
ne peetocdng a ed lata int f ty 1
serrate by ara Seymour, with Tesh soonash 660 ii
ipeaker, 020, Shadow ofan, dtl,
apy oH dart
be ar Hiei
ed i a
INDES. 789 au. TAN Gol Land Mayor n,“214, | Tyler, Wah rebellion agalnet laws 2161 mason, 216; Ary, 212 Mico 10) Jota 68 days: jlitemry men in, | Unonenta left in House of Lords, ee terre ath [nsnimicy of juron 482 Tenterden 0 eronring Understanding betwoon counsel, qu bane, be : GS careaeen | meee cee serefore Cotnwclior, 163 Taller of Cout, 104 ee 0 Thies a theatres Migrag Snap Teigerip Sos os | Yad oama THe ard Weert, | Vittoss Ceeper, 388, Ikoeping king's conecionce, | Viriseotion of criminally 03,
‘39: eerie his sovuaign, 401
ot. 35, 4005 populates,
Tickting: }, 189. Tierney, witnet on penchsent
tineio Pine tay, te ‘and surofooted boese, "Ben mijn ‘800; on hoands,
06: sayin, eet i, 7 8 if open, ae ae a
einer, S95 esi in
Voluhtity of Jeftiny as counre,
Volunteers, lawyers ms, 195, 1965 rosigning ar, 196,
Wates, Prince of, committed by Gmcoigne, 9,
Warburton ot nw, 604,
‘Wertmineter ill alte of Common Fleas, 14; abope in, 81 ; plot in,
552. Whipped, damages for not being,
dient, 849; ber ‘li, 420; thie SO
ra ia eT
nn
te
ee
8
Hee
eel
i
al
ie
Hi fp PL]
#2
He
Hee cee
OPINIONS OF THE PRESS 4s 70 CROAKE JAMES'S “CURIOSITIES OF LAW AND LAWYERS” First Edition, 1882 (pp. 516).
Daily Chronicle. An unequalled collection of entertaining, anecdotes, They have been gathered from all sources, old and new, at home and abroad. Judges, counsel, jurymen, and prisoners, and lawyers and clients of yaried ranks and conditions, contribute to the general stock of amusement. Wit and humour sparkle throughout, and innumerable curious incidents of legal procedure are recorded.
Daily Telegraph. ‘This really copious book cannot be Diamed for exclusion, The stories, though mostly of the nature of gossip, are not thrown together loosely or irrelevantly. Some degree of system and order is attempted in the division of the book into chapters, and the section which elucidates nice points of Jaw, and things not generally known, may have @ value beyond the passing purpose of entertainment,
Scotsman. Some of the stories are very good, and all of them eminently readable. The volume will be a treasure for those who like really light literature.
St. James's Gazette, ‘This collection is most ample. No similar volume contains, to our knowledge, an equal number of legal Ana neatly arranged under appropriate headings, and. gathered from the annals of the English, Scotch, and Trish bar with an even impartiality which much facilitates whatever comparison we may care to make between national varieties of legal humour. Altogether a fair amount of amuse- ment as well as edification may be derived from an occasional dip into the pages of these “Curiosities,” and hunters after anecdotes will often be saved the trouble of a search through whole libraries of “ Lives” and “ Memoirs,”
Review. Sometimes itis suid of a book, that it
Pall Mall Gazette. A legal Joe Miller! Though there are many old stories, there are a great many new ones, and wai nd em atts
and jests, which the author not tnapproptiately describes as “the natural history” of the lawyer tribe. They are all more
Iection. It is a book which will, we doubt not, often serve to pass sway an idle half-hour, and can be taken out and enjoyed with a Gyar under a tree, or in 2 hammock, or on board a yacht, or anywhere where life is most delightful and the mind im a state to be gently amused.
‘Law Journal. Mr. Croake James has sacceeded in making on excellent collection of good things froen various sources, Very few indeed fall fat, The lawyer will with pleasure take up this book from time to time and laugh over it One of its eit by tha, for 8 Vook of the kind, & is singularly free from
ee rion ‘This is a collection of Ama concerning ‘the legal profession gathered (rom very varied sources. As an ‘aintsing companion for a vacation ramble, the “repertory of good things" concerning law and Lawyers provided by Croake James may well find a phice among the light litermtare of the
The Field. ‘The colfection taken altogetber is a good one, and will be ware to produce entertainment, with perhaps here _ and there a few grains of legal fasight, It will well repay
Pansat eh "anda ft til * in.
4ur- BI 2G? ie!
To renew the mus! be broughl fo the desk, TWO WEEK BOOK DO HOT REFURN BOOKS ON SUNDAY