would not maintain an action, because they were not slanderous. Had Mr. Boyer said, "Mr. Palmer had no more law than a Jackanapes,” it had been actionable, for then he had lessened the opinion of his learning; but the words were, "he hath as much law as a Jackanapes," which was no impeachment of his learning, for every man that hath more law than a Jackanapes, hath as much. Sed non allocatur, for the comparison is to be taken in the worst sense.

Judge Berkley says it has been adjudged, where a person said of a lawyer, "that he had as much law as a monkey," that the words were not actionable, because he had as much law, and more also; but if he had said "he hath no more law than a monkey," these words would have been actionable.

GOLDEN PIPPINS AND PIG.

A person having voted against Serjeant Maynard, at a Borough Election in the West of England, the serjeant brought an action against him for scandalous words he had used. He first laid his action in the County of Middlesex, by virtue of a privilege, which supposes a serjeant to be attendant on the Court of Common Pleas, and not to be drawn from the County where the court sits. In the next place, he charged the words in Latin, in order that if he proved the effect it would be sufficient, whereas, if they were in English, he must prove the actual words that had been used. The action was tried before the Lord Keeper Guilford. The witness related the story as he said he had heard it from the defendant: "A client came to the serjeant, and gave him a basket of pippins, and every pippin had a piece of gold in it."

The Judge. “Those were golden pippins, I presume." The serjeant did not relish the jest, but said nothing, and the witness went on.

"The party on the other side came also to the serjeant, and gave him a roasting pig, in the belly of which were fifty broad pieces."

The Judge. "Excellent sauce indeed to a pig." This additional sarcasm put the serjeant out of all patience, and he remarked to those near him, that it was said in order to make him appear ridiculous.

The story being sworn to, the Judge directed the jury to find a verdict for the serjeant, which was done; but the judgment was arrested, in consequence of the words being the burden of an old story, which had been applied to the serjeant in jest, and without any intention to slander.

PREPARING FOR TRIAL.

When Sir Nicholas Throgmorton was tried for high treason, in the reign of Queen Mary, he wished to address the court before he pleaded to the indictment ; but this was refused. He then prayed their lordships not to make too much haste with him, nor to think it long before their dinner time came, for his case required deliberation, and they would not dine well without they truly administered justice, since our Saviour said, "Blessed are they that hunger and thirst after righteousness."

The court took offence at the expressions, and the Lord Chief Justice Bromley said, "I can forbear my dinner as well as you, Sir Nicholas, and perhaps care as little for it as yourself."

The Earl of Shrewsbury. "Do you come hither,

Throgmorton, to check the court? We will not be used so. No, no for my own part, 1 have gone without my breakfast, dinner, and supper, to serve the queen."

Sir Nicholas replied, "I know it very well, my lord; I had no design to offend your lordship; your pains and services are evidently known to every body."

Sir Richard Southwell said, "Sir Nicholas, there is no occasion for this discourse; we know what we have to do; you pretend to teach us our duty, you do yourself an injury; come to the matter in hand." "Sir, you mistake me," said Sir Nicholas, " I have no thoughts of instructing you, or any of you; but to put you in mind, I hope, of all you are well informed of; and therefore I shall say nothing upon a supposition, that you know what you have to do, and ought to know; and so I answer to the indictment, and do plead not guilty of the whole, nor of any part of it."

Mr. Sendal. "How will you be tried ?"
Sir Nicholas.

I should ?"

"Shall I be tried as I would, or as

Chief Justice Bromley. "You shall be tried as the law requires, and therefore you must be tried by God and your country."

"Is that your law for me?" said Sir Nicholas. "It is not as I would; but finding you will have it so, I am content, and desire to be tried by just and honest men, that fear God more than man.'

On the names of the jury being called over, the Attorney General went to Sir Roger Cholmley, one of the Judges, and showed him the pannel, telling him, that being acquainted with the citizens, he knew

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."

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.

SERGEANT'S 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 Serjeant 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 the Chief Baron ought to weigh twenty shillings each. He added, that he did not mention this from any expectation of recompence, but that it might not be drawn into a precedent, and that the young gentlemen at the bar might take notice of it.