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their corruptions and dexterities in affairs of this nature, and named some who ought to be challenged on the queen's behalf. Two persons, who were known to be honest and substantial citizens, were then challenged without assigning any reason, and two others with as little reason substituted in their stead.

The prisoner, observing this hitherto unexampled perversion of justice, told the court, he "hoped that they had not dealt with him that day, as formerly he had known a gentleman used, who stood in the same place and circumstances as himself. One of the judges being suspicious that a prisoner, by reason of the justice of his cause, was likely to be acquitted, said to one of his brethren, when the jury appeared, 'I do not like this jury, they are not for our purpose, they seem to have too much compassion and charity to condemn the prisoner.' No, no,' said the other judge, Cholmley by name, I'll warrant you they are fellows picked on purpose, but he shall drink of the same cup with his associates.' I was then a spectator of the pageantry, as others are now; but now the more is my misfortune, I am an actor in the woeful tragedy."

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In the meantime, Cholmley consulted with the Attorney General about the jury, which being observed by the prisoner at the bar, he said, "Ah, Sir Roger Cholmley, will you never leave off this foul play?" Why, what hurt do I do, pray, Sir Nicholas?" he replied, "I am sure I did no hurt; why do you pick quarrels with me?" Throgmorton only replied, "Sir Roger, if you do well, it will be better for you. God help you."

On the trial proceeding, Sir Nicholas Throgmorton

made so admirable a defence, that the jury brought in a verdict of not guilty. [See Anecdotes of Eloquence.]

PLEASANT PRACTICE.

Mr. Chute, a lawyer who lived in the reign of Charles the Second, would sometimes quit the fatigues of business, and pass his time in pleasure for many months. He would say to his clerk, " tell the people I will not practise this term." He was as good as his word, and would not see any person on business. But when his clerk intimated that his master was ready to resume practice, briefs would flow in upon him, in as great abundance as ever. It is rare to see a genius thus superior to the slavery of a lucrative profession.

SERGEANTS' RINGS.

In the reign of Charles the Second, seventeen Sergeants at Law were made in one day, and, as was customary, each presented rings to the judges. A few days afterwards, on Sergeant Powis coming to the King's Bench Bar, the Chief Justice Keeling told him, that the rings which he and his brethren had given, weighed but eighteen shillings a piece; whereas Fortescue, in his book, De laudibus Legum Angliæ, says, that the rings given to Chief Justices and to the Chief Baron ought to weigh twenty shillings each. He added, that he did not mention this from any expectation of recompense, but that it might not be drawn into a precedent, and that the young gentlemen at the bar might take notice of it.

THE SWORD FOR THE GOWN.

A young law student was obliged, by lot, to inscribe his name among certain new levies of the Austrian Imperial army. He sent a petition to the emperor, stating, that as he was on the point of being called to the bar, he flattered himself he could be of more service to his country as a lawyer than as a soldier. "My good friend," said the emperor," you are not ignorant that I am engaged in a very intricate suit against the French Convention, and that I want the assistance of men of such talent as you appear to be. Have the goodness to accept these twelve ducats. Do your duty, and I promose you promotion."

HARDSHIP OF ARREST.

In an action of debt, tried before Lord Mansfield, at Guildhall, the defendant, a merchant of London, complained with great warmth to his lordship of the indignity which had been put on him by the plaintiff, in causing him to be arrested, not only in the face of day, but in the Royal Exchange, in the face of the whole assembled credit of the metropolis. The Chief Justice stopped him with great composure, saying, "Friend, you forget yourself; you were the defaulter in refusing to pay a just debt; and let me give you a piece of advice worth more to you than the debt and costs. Be careful in future not to put it in any man's power to arrest you for a just debt in public or in private."

GOING TO LAW.

In an action brought at Lincoln assizes for the recovery of a horse, Justice Bailey at the close of the cause, in which £25 damages were given, strongly discouraged going to law in cases of that nature. "Take my advice, gentlemen," said he, " and accommodate matters of this kind, if possible; for men, in general, lose more than £25 in bringing an action on the warranty of a horse, even if they win; and such is the danger from the evidence common in cases like this, that justice is no security to a man, of success. I perceive that the gentlemen below me do not approve of my doctrine; but the truth must be told sometimes."

BEING COVERED IN COURT.

On the arraignment of Ann Turner, a physician's widow, who was indicted for being an accessary before the fact, to the murder of Sir Thomas Overbury, she kept on her hat. Sir Edward Coke, observing this, bade her put it off, saying, "that a woman might be covered in church, but not when arraigned in a court of justice;" the prisoner said, she thought it singular, that she might be covered in the house of God, and not in the judicature of man. Sir Edward replied, "that from God no secrets were hid, but that it was not so with man, whose intellects were weak; therefore, in the investigation of truth, and, especially, when the lives of our fellow creatures are in jeopardy, on the charge of having deprived another

thereof, the court should see all the obstacles removed; and because the countenance is often an index to the mind, all covering should be removed from the face." The Chief Justice then ordered her hat to be taken off, and she covered her head with her handkerchief.

PRIVILEGE OF KING'S ADVOCATE IN SCOTLAND.

Sir Thomas Hope, who was King's Advocate in Scotland, during part of the reign of Charles I., was never himself elevated to the bench, yet he had the singular pleasure of seeing three of his sons advanced to be senators of the College of Justice, one of whom, of the same name with himself, was afterwards raised to the high office of Justice General. It being thought indecorous to allow a man of his reverend age to stand uncovered, when in his pleadings he addressed a court in which so many of his own children sat as judges, he was permitted to be covered whenever he pleased. This was the origin of a privilege which the King's Advocates are said still to enjoy, of pleading before the Court of Session with their hats on; a privilege, however, of which we need hardly say, they have uniformly too much politeness to avail themselves.

RIGHT OF APPEAL.

About the middle of the seventeenth century, the Lords of Session in Scotland, reverting to the origin of their institution, when they consisted of a select

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