COKE AND BACON,

Sir Edward Coke had a strong dislike to Lord Bacon, and did every thing in his power to elbow him out of his place: to such excess did he carry it, that he could not refrain from attacking him even in the Courts of Justice. The following instance of this is related by Bacon, in a letter from him to Secretary Cecil. For pointedness of remark, and retort, it has seldom been surpassed in any of the uncourteous controversies which not unfrequently happen at the bar. Bacon, it may be necessary to remark, had been appointed Queen's Attorney General in the time of Elizabeth, but had not at this time taken the oaths of office. Coke was Attorney General. Bacon styles his narrative" a true remembrance of the abuse I received from Mr. Attorney General, publickly in the Exchequer, the first day of term."

"I moved," says Bacon, " to have a re-seizure of the lands of George Moore, a relapsed recusant and fugitive, and a practising traitor, and shewed better matter for the queen against the discharge by plea, which is ever with a salvo jure, and this I did in as gentle and reasonable terms as might be.

"Mr. Attorney kindled at it, and said, ' Mr. Bacon, if you have any tooth against me, pluck it out, for it will do you more hurt, than all the teeth in your head will do you good.'

"I answered coolly in these words: Mr. Attorney, I respect you; I fear you not; and the less you speak your own greatness, the more I shall think of it.' "He replied, I think scorn to stand upon terms

of

of greatness towards you, who are less than little, less than the least;' and other such strange light terms, he gave me with that insulting air which cannot be expressed.

"Herewith stirred, I said no more than this: Mr. Attorney, do not depress me so far, for I have been your better, and may be again, when it pleases the queen.'

"With this he spoke, neither I nor himself could tell what, as if he had been born Attorney General, and in the end bid me meddle not with the queen's business, but my own; and that I was unsworn, &c.

"I told him, sworn or unsworn, was all one to an honest man, and that I ever set my service first, and myself second, and wished to God that he would do the like."

"Then he said, it were good to clap a caput legatum upon my back. To which I only said, he could not; and that he was at a halt, for he bunted me upon an old scent.

"He gave me a number of disgraceful words besides, which I answered with silence, and showing that I was not moved with them."

SLANDERING A LAWYER.

In the reign of Queen Elizabeth, one Peter Palmer, of Lincoln's Inn, brought an action against a Barrister of the name of Boyer, for having, with the intention to injure him in his name and practice, said, " Peter Palmer is a paltry lawyer, and hath as much law as a Jackanapes." It was moved in arrest, that the words

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 said, it had 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 Sergeant Maynard, at a Borough Election in the West of England, the sergeant 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 sergeant 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 sergeant, 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 sergeant did not relish the jest, but said nothing, and the witness went on.

"

The party on the other side came also to the sergeant, 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 sergeant 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 sergeant, which was done; but the judgement was arrested, in consequence of the words being the burden of an old story, which had been applied to the sergeant 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, I 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 shewed him the panel, telling him, that being acquainted with the citizens, he knew