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sparing for a while at least the main body of his colleagues. Accordingly, while a general support was given to Lord Melbourne's Government, a series of bitter attacks began upon the devoted Chancellor.-8 Camp. Chanc., 442.

A JUDGE WHO WELL BECAME THE CUSHION OF THE

PLEAS.

Roger North, in his Life of Guilford, thus describes Sir M. Hale when Chief Justice of the Common Pleas : "He became the cushion exceedingly well. His manner of hearing patient, his directions pertinent, and his discourses copious, and, although he hesitated often, fluent. His stop for a word, by the produce, always paid for the delay; and on some occasions he would utter sentences heroic. He was allowed on all hands to be the most profound lawyer of his time; and he knew it. But that did not serve him; he would be also a profound philosopher, naturalist, poet, and divine. When he was off the seat of justice, his conversation was with none but flatterers. This great man was most unfortunate in his family; for he married his own servant-maid, and then for excuse said there was no wisdom below the girdle. All his sons died in the sink of lewdness and debauchery. Although he was very grave in his own person, he loved the most bizarre and irregular wits in the practice of the law before him, most extravagantly. And, besides, he was the most flatterable creature that ever was known; for there was a method of resignation to him, and treating him with little meals, and private, with his pipe at ease, which certainly captivated him. So Sir George Jeffries gained as great an ascendant in practice over him as ever counsel had over a judge. In short, to give every one his due, there was in him the most of learning and wisdom, joined with ignorance and folly, that ever was known to coincide in the character of any one man in the world."

A WARY JUDGE.

When Sir John FitzJames was made Lord Chief Justice by Henry VIII., Chancellor Audley was anxious

to throw upon that judge part of the responsibility of condemning Sir Thomas More for refusing the oath of supremacy. Accordingly, the Chancellor asked the Chief Justice in open court whether the indictment of Sir T. More were sufficient or no. To whom our judge warily returned, "My lords all, by St. Gillian" (which was ever his oath), "I must needs confess that, if the Act of Parliament be not unlawful, then the indictment is not in my conscience insufficient."-Fuller's Worthies.

A CAUTELOUS JUDGE WHO WAS FREE FROM TREPANS.

Roger North says his brother, "the Lord Chief Justice, was very free from trepans, as being known to be sagacious and cautelous, and not apt to give opportunities; for he entered not into promiscuous companies nor dealt in the bottle; but had his friends often, and his servants always about him. Once after dinner a servant told him a gentleman waited in the next room (which he used as a closet) to speak with him; and his lordship, as he passed by, saw a couple of fellows stand in the passage, which made him think of eavesdropping. And being entered, the gentleman came up to him, and said, "My lord, my name is Claypole." His lordship instantly knew him to be (as he was) a descendant of the once Lord Claypole, one of Cromwell's sons-in-law: and then turned round upon his heel, and passing his two eavesdroppers, who were come nearer the door, went to his company and merrily told them what a vision he had seen. What his counterfeit lordship's business was could neither be known or guessed at. But in such cases being alone with any person, that person is master, and may swear his pleasure."

MERRY ENOUGH FOR A JUDGE.

When Sir John Walter, in the time of Charles I., was made a judge, it was said of him that he became when a pleader, eminent; when a judge, more eminent; when no judge, most eminent. This last allusion was to his being ousted of his place as Chief Baron of Exchequer about the illegality of the loan. When he left the bar, his

temper was greatly changed for the better; and Fuller says, in his "Worthies," that he was most passionate as Sir John, most patient as Judge Walter, and great his gravity in that place. When Judge Denham, his most upright and worthy associate in the Western Circuit, once said to him, "My lord, you are not merry!" he replied, "Merry enough for a judge!"

THE SLEEPING JUDGE.

Sir John Doddridge, Justice of the King's Bench, who died in 1628, was called the sleeping judge. Fuller says in his "Worthies": "He was commonly called the sleeping judge, because he would sit on the bench with his eyes shut, which was only a posture of attention to sequester his sight from distracting objects, the better to listen to what was alleged and proved." Fuller further says, that it was hard to say whether this judge was better artist, divine, civil or common lawyer, though he fixed on the last for a profession. He became noted for exclaiming against the venal and corrupt practices of his day; and he used this famous expression: "That as old and infirm as he was, he would go to Tyburn on foot to see such a man hanged that should proffer money for a place of that nature." Sir John was obviously an advanced thinker for his own day and generation.

A JUDGE WITH LEAD IN HIS HEAD.

A very prosy judge was laying down the law at inordinate length to a jury on circuit, and remarking on the evidence of a witness who had spoken to seeing the prisoner steal some copper. The judge, who was constantly calling the metal "lead," and on each occasion was corrected by counsel, said, "I beg your pardon, gentlemen-copper; but I can't get the lead out of my head!" The whole court laughed at this unconscious sally, and kept up the laughter rather too long, which rather surprised the judge.

A JUDGE WITH ELEVEN SONS AND ELEVEN

DAUGHTERS.

Sir Lewis Pollard, a Justice of the King's Bench in the time of Henry VIII., made his name memorable for his creditable family. He had eleven sons, of whom four attained knighthood. He had also eleven daughters, married to the most potent families in Devonshire, "so that (what is said of Cork in Ireland, that all the inhabitants therein are kin) by this match almost all the ancient gentry in that county are allied." Fuller in his "Worthies" says: “There was a tradition in this family, that the lady glassing the window at Nimet Bishop, in her husband's absence at the term in London, caused one child more than she then had to be set up, presuming (having had one-and-twenty already, and usually conceiving at her husband's coming home) she should have another child; which, inserted in expectance, came to pass accordingly. This memorable knight died in 1540."

A PRISONER WHO BECAME CHIEF JUSTICE.

Chief Justice Pemberton in his youth managed by gambling and drink to get rid of all his means, and was imprisoned in the Fleet. He professed there to have a vision and to reform, and took to studying the law. The other prisoners began to look on him as an authority, and called him "Counsellor," and "apprentice of the law." He bought books with the fees they gave him for advice. He came out of prison a sharper at the law, having prevailed on his creditors to such an extent that they thought he would sooner pay their debts by letting him out. He was called to the bar in due time, and became an ornament of the bench. After being made a puisne judge, he was displaced; he returned to the bar, and recovered his practice, and afterwards was made Chief Justice, on the dismissal of Scroggs. He afterwards again returned to the bar on being displaced, and was an able and zealous counsel for the seven bishops.

A HIGHWAYMAN BECOMES A JUDGE.

Aubrey relates of Chief Justice Popham thus: "For severall yeares young Popham addicted himselfe but little to the studie of the lawes, kept profligate company, and was wont to take a purse with them. His wife considered her and his condition, and at last prevailed with him to lead another life, and to stick to the studie of the lawe, which, upon her importunity, he did, being then about thirtie years old. He spake to his wife to provide a very good entertainment for his comerades to take his leave of them, and after that day fell extremely hard to his studie, and profited exceedingly. He was a strong, stout man, and could endure to sit at it day and night; became eminent in his calling, had good practice, was called to be a serjeant and a judge."

This we certainly know, says Lord Campbell, that he became a consummate lawyer, and was allowed to be so 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." Not only was he keen to convict in cases prosecuted by the Government, but in ordinary larcenies; and above all in highway robberies, there was little chance of an acquittal before him.

CHALLENGING A CHIEF JUSTICE.

Moore says that Elwyn mentioned to him an anecdote of Lord Byron having once taken a challenge from to Chief Justice Best, on account of the latter having said that was a great rascal. "I confess, my lord, I did say that was a great rascal, and I now repeat the assertion to your lordship. But are you aware, Lord Byron, (he added, laughing,) of the consequences you expose yourself to by bringing a challenge to a Chief Justice?" Lord Byron was soon made to feel the ridicule of the step, and they parted very good friends, leaving's honour to shift for itself.

Moore says he afterwards mentioned this story to the Attorney-General of 1829, who doubted it, but advised

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