CHAPTER XLIV.

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LAWYERS AND SAINTS.

Notwithstanding the close connexion which in old times existed between the Church and the Law, popular sentiment holds to the opinion that the ways of lawyers are far removed from the ways of holiness, and that the difficulties encountered by wealthy travellers on the road to heaven are far greater with rich lawyers than with any other class of rich men. An old proverb teaches that wearers of the long robe never reach paradise per saltum, but 'by slow degrees;' and an irreverent ballad supports the vulgar belief that the only attorney to be found on the celestial rolls gained admittance to the blissful abode more by artifice than desert. The ribald broadside runs in the following style:—-

"Professions will abuse each other;
The priests won't call the lawyer brother;
While Salkeld still beknaves the parson,
And says he cants to keep the farce on.
Yet will I readily suppose
They are not truly bitter foes,
But only have their pleasant jokes,
And banter, just like other folks.
And thus, for so they quiz the law,
Once on a time th' Attorney Flaw,
A man to tell you, as the fact is,
Of vast chicane, of course of practice;
(But what profession can we trace
Where none will not the corps disgrace?
Seduced, perhaps, by roguish client,
Who tempt him to become more pliant),
A notice had to quit the world,
And from his desk at once was hurled.
Observe, I pray, the plain narration:
'Twas in a hot and long vacation,
When time he had but no assistance.
Tho' great from courts of law the distance,
To reach the court of truth and justice
(Where I confess my only trust is);
Though here below the special pleader
Shows talents worthy of a leader,
Yet his own fame he must support,
Be sometimes witty with the court
Or word the passion of a jury
By tender strains, or full of fury;
Misleads them all, tho' twelve apostles,
While with the new law the judge he jostles,
And makes them all give up their powers
To speeches of at least three hours—
But we have left our little man,
And wandered from our purpos'd plan:
'Tis said (without ill-natured leaven)
"If ever lawyers get to heaven,
It surely is by slow degrees"
(Perhaps 'tis slow they take their fees).
The case, then, now I fairly state:
Flaw reached at last to heaven's high gate;
Quite short he rapped, none did it neater;
The gate was opened by St. Peter,
Who looked astonished when he saw,
All black, the little man of law;
But charity was Peter's guide.
For having once himself denied
His master, he would not o'erpass
The penitent of any class;
Yet never having heard there entered
A lawyer, nay, nor ever ventured
Within the realms of peace and love,
He told him mildly to remove,
And would have closed the gate of day,
Had not old Flaw, in suppliant way,
Demurring to so hard a fate,
Begg'd but a look, tho' through the gate.
St. Peter, rather off his guard,
Unwilling to be thought too hard,
Opens the gate to let him peep in.
What did the lawyer? Did he creep in?
Or dash at once to take possession?
Oh no, he knew his own profession:
He took his hat off with respect,
And would no gentle means neglect;
But finding it was all in vain
For him admittance to obtain,
Thought it were best, let come what will,
To gain an entry by his skill.
So while St. Peter stood aside,
To let the door be opened wide,
He skimmed his hat with all his strength
Within the gate to no small length.
St. Peter stared; the lawyer asked him
"Only to fetch his hat," and passed him;
But when he reached the jack he'd thrown,
Oh, then was all the lawyer shown;
He clapt it on, and arms akembo
(As if he had been the gallant Bembo),
Cry'd out—'What think you of my plan?
Eject me, Peter, if you can.'"

The celestial courts having devised no process of ejectment that could be employed in this unlooked-for emergency, St. Peter hastily withdrew to take counsel's opinion; and during his absence Mr. Flaw firmly established himself in the realms of bliss, where he remains to this day the black sheep of the saintly family.

But though a flippant humorist in these later times could deride the lawyer as a character who had better not force his way into heaven, since he would not find a single personal acquaintance amongst its inhabitants, in more remote days lawyers achieved the honors of canonization, and our forefathers sought their saintly intercession with devout fervor. Our calendars still regard the 15th of July as a sacred day, in memory of the holy Swithin, who was tutor to King Ethelwulf and King Alfred, and Chancellor of England, and who certainly deserved his elevation to the fellowship of saints, even had his title to the honor rested solely on a remarkable act which he performed in the exercise of his judicial functions. A familiar set of nursery rhymes sets forth the utter inability of all the King's horses and men to reform the shattered Humpty-Dumpty, when his rotund highness had fallen from a wall; but when a wretched market-woman, whose entire basketful of new-laid eggs had been wilfully smashed by an enemy, sought in her trouble the aid of Chancery, the holy Chancellor Swithin miraculously restored each broken shell to perfect shape, each yolk to soundness. Saith William of Malmesbury, recounting this marvellous achievement—"statimque porrecto crucis signo, fracturam omnium ovorum consolidat."

Like Chancellor Swithin before him, and like Chancellor Wolsey in a later time, Chancellor Becket was a royal tutor;[35] and like Swithin, who still remains the pluvious saint of humid England, and unlike Wolsey, who just missed the glory of canonization, Becket became a widely venerated saint. But less kind to St. Thomas of Canterbury than to St. Swithin, the Reformation degraded Becket from the saintly rank by the decision which terminated the ridiculous legal proceedings instituted by Henry VIII. against the holy reputation of St. Thomas. After the saint's counsel had replied to the Attorney-General, who, of course, conducted the cause for the crown, the court declared that "Thomas, sometime Archbishop of Canterbury, had been guilty of contumacy, treason and rebellion; that his bones should be publicly burnt, to admonish the living of their duty by the punishment of the dead; and that the offerings made at his shrine should be forfeited to the crown."

After the conclusion of the suit for the saint's degradation—a suit which was an extravagant parody of the process for establishing at Rome a holy man's title to the honors of canonization—proclamation was made that "forasmuch as it now clearly appeared that Thomas Becket had been killed in a riot excited by his own obstinacy and intemperate language, and had been afterwards canonized by the Bishop of Rome as the champion of his usurped authority, the king's majesty thought it expedient to declare to his loving subjects that he was no saint, but rather a rebel and traitor to his prince, and therefore strictly charged and commanded that he should not be esteemed or called a saint; that all images and pictures of him should be destroyed, the festivals in his honor be abolished, and his name and remembrance be erased out of all books, under pain of his majesty's indignation and imprisonment at his grace's pleasure."

But neither St. Swithin nor St. Thomas of Canterbury, lawyers though they were, deigned to take the legal profession under especial protection, and to mediate with particular officiousness between the long robe and St. Peter. The peculiar saint of the profession was St. Evona, concerning whom Carr, in his 'Remarks of the Government of the Severall Parts of Germanie, Denmark, &c.,' has the following passage: And now because I am speaking of Petty-foggers, give me leave to tell you a story I mett with when I lived in Rome. Goeing with a Romane to see some antiquityes, he showed me a chapell dedicated to St. Evona, a lawyer of Brittanie, who, he said, came to Rome to entreat the Pope to give the lawyers of Brittanie a patron, to which the Pope replied, that he knew of no saint but what was disposed to other professions. At which Evona was very sad, and earnestly begd of the Pope to think of one for him. At last the Pope proposed to St. Evona that he should go round the church of St. John de Latera blindfold, and after he had said so many Ave Marias, that the first saint he laid hold of should be his patron, which the good old lawyer willingly undertook, and at the end of his Ave Maryes he stopt at St. Michael's altar, where he layed hold of the Divell, under St. Michael's feet, and cry'd out, this is our saint, let him be our patron. So being unblindfolded, and seeing what a patron he had chosen, he went to his lodgings so dejected, that a few moneths after he died, and coming to heaven's gates knockt hard. Whereupon St. Peter asked who it was that knockt so bouldly. He replied that he was St. Evona the advocate. Away, away, said St. Peter, here is but one advocate in Heaven; here is no room for you lawyers. O but, said St. Evona, I am that honest lawyer who never tooke fees on both sides, or pleaded in a bad cause, nor did I ever set my Naibours together by the ears, or lived by the sins of the People. Well, then, said St. Peter, come in. This newes coming down to Rome, a witty poet wrote on St. Evona's tomb these words:—

'St. Evona un Briton,
Advocat non Larron.
Hallelujah.'

This story put me in mind of Ben Jonson goeing throw a church in Surrey, seeing poore people weeping over a grave, asked one of the women why they wept. Oh, said shee, we have lost our pretious lawyer, Justice Randall; he kept us all in peace, and always was so good as to keep us from goeing to law; the best man ever lived. Well, said Ben Jonson, I will send you an epitaph to write upon his tomb, which was—

'God works wonders now and then,
Here lies a lawyer an honest man.'

An important vestige of the close relations which formerly existed between the Law and the Church is still found in the ecclesiastical patronage of the Lord Chancellor; and many are the good stories told of interviews that took place between our more recent chancellors and clergymen suing for preferment. "Who sent you, sir?" Thurlow asked savagely of a country curate, who had boldly forced his way into the Chancellor's library in Great Ormond Street, in the hope of winning the presentation to a vacant living. "In whose name do you come, that you venture to pester me about your private affairs? I say, sir—what great lords sent you to bother me in my house?" "My Lord," answered the applicant, with a happy combination of dignity and humor, "no great man supports my entreaty; but I may say with honesty, that I come to you in the name of the Lord of Hosts." Pleased by the spirit and wit of the reply, Thurlow exclaimed, "The Lord of Hosts! the Lord of Hosts! you are the first parson that ever applied to me in that Lord's name; and though his title can't be found in the Peerage, by —— you shall have the living." On another occasion the same Chancellor was less benign, but not less just to a clerical applicant. Sustained by Queen Charlotte's personal favor and intercession with Thurlow, the clergyman in question felt so sure of obtaining the valuable living which was the object of his ambition, that he regarded his interview with the Chancellor as a purely formal affair. "I have, sir," observed Lord Thurlow, "received a letter from the curate of the parish to which it is my intention to prefer you, and on inquiry I find him to be a very worthy man. The father of a large family, and a priest who has labored zealously in the parish for many years, he has written to me—not asking for the living, but modestly entreating me to ask the new rector to retain him as curate. Now, sir, you would oblige me by promising me to employ the poor man in that capacity." "My lord," replied Queen Charlotte's pastor, "it would give me great pleasure to oblige your lordship in this matter, but unfortunately I have arranged to take a personal friend for my curate." His eyes flashing angrily, Thurlow answered, "Sir, I cannot force you to take this worthy man for your curate, but I can make him the rector; and by —— he shall have the living, and be in a position to offer you the curacy."

Of Lord Loughborough a reliable biographer records a pleasant and singular story. Having pronounced a decision in the House of Lords, which deprived an excellent clergyman of a considerable estate and reduced him to actual indigence, the Chancellor, before quitting the woolsack, addressed the unfortunate suitor thus:—"As a judge I have decided against you, whose virtues are not unknown to me; and in acknowledgment of those virtues I beg you to accept from me a presentation to a living now vacant, and worth £600 per annum."

Capital also are the best of many anecdotes concerning Eldon and his ecclesiastical patronage. Dating the letter from No. 2, Charlotte Street, Pimlico, the Chancellor's eldest son sent his father the following anonymous epistle:—

"Hear, generous lawyer! hear my prayer,
Nor let my freedom make, you stare,
In hailing you Jack Scott!
Tho' now upon the woolsack placed,
With wealth, with power, with title graced,
Once nearer was our lot.
"Say by what name the hapless bard
May best attract your kind regard—
Plain Jack?—Sir John?—or Eldon?
Give from your ample store of giving,
A starving priest some little living—
The world will cry out 'Well done.'
"In vain, without a patron's aid,
I've prayed and preached, and preached and prayed—
Applauded but ill-fed.
Such vain Éclat let others share;
Alas, I cannot feed on air—
I ask not praise, but bread."

Satisfactorily hoaxed by the rhymer, the Chancellor went to Pimlico in search of the clerical poetaster, and found him not.

Prettier and less comic is the story of Miss Bridge's morning call upon Lord Eldon. The Chancellor was sitting in his study over a table of papers when a young and lovely girl—slightly rustic in her attire, slightly embarrassed by the novelty of her position, but thoroughly in command of her wits—entered the room, and walked up to the lawyer's chair. "My dear," said the Chancellor, rising and bowing with old-world courtesy, "who are you?" "Lord Eldon," answered the blushing maiden, "I am Bessie Bridge of Weobly, the daughter of the Vicar of Weobly, and papa has sent me to remind you of a promise which you made him when I was a little baby, and you were a guest in his house on the occasion of your first election as member of Parliament for Weobly." "A promise, my dear young lady?" interposed the Chancellor, trying to recall how he had pledged himself. "Yea, Lord Eldon, a promise. You were standing over my cradle when papa said to you, 'Mr. Scott, promise me that if ever you are Lord Chancellor, when my little girl is a poor clergyman's wife, you will give her husband a living;' and you answered, 'Mr. Bridge, my promise is not worth half-a-crown, but I give it to you, wishing it were worth more.'" Enthusiastically the Chancellor exclaimed, "You are quite right. I admit the obligation. I remember all about it;" and, then, after a pause, archly surveying the damsel, whose graces were the reverse of matronly, he added, "But surely the time for keeping my promise has not yet arrived? You cannot be any one's wife at present?" For a few seconds Bessie hesitated for an answer, and then, with a blush and a ripple of silver laughter she replied, "No, but I do so wish to be somebody's wife. I am engaged to a young clergyman; and there's a living in Herefordshire near my old home that has recently fallen vacant, and if you'll give it to Alfred, why then, Lord Eldon, we shall marry before the end of the year." Is there need to say that the Chancellor forthwith summoned his Secretary, that the secretary forthwith made out the presentation to Bessie's lover, and that having given the Chancellor a kiss of gratitude, Bessie made good speed back to Herefordshire, hugging the precious document the whole way home?

A bad but eager sportsman, Lord Eldon used to blaze away at his partridges and pheasants with such uniform want of success that Lord Stowell had truth as well as humor on his side when he observed, "My brother has done much execution this shooting season; with his gun he has killed a great deal of time." Having ineffectually discharged two barrels at a covey of partridges, the Chancellor was slowly walking to the gate of one of his Encome turnip-fields when a stranger of clerical garb and aspect hailed him from a distance, asking, "Where is Lord Eldon?" Not anxious to declare himself to the witness of his ludicrously bad shot, the Chancellor answered evasively, and with scant courtesy, "Not far off." Displeased with the tone of this curt reply, the clergyman rejoined, "I wish you'd use your tongue to better purpose than you do your gun, and tell me civily where I can find the Chancellor." "Well," responded the sportsman, when he had slowly approached his questioner, "here you see the Chancellor—I am Lord Eldon." It was an untoward introduction to the Chancellor for the strange clergyman who had traveled from the North of Lancashire to ask for the presentation to a vacant living. Partly out of humorous compassion for the applicant who had offered rudeness, if not insult to the person whom he was most anxious to propitiate; partly because on inquiry he ascertained the respectability of the applicant; and partly because he wished to seal by kindness the lips of a man who could report on the authority of his own eyes that the best lawyer was also the worst shot in all England, Eldon gave the petitioner the desired preferment. "But now," the old Chancellor used to add in conclusion, whenever he told the story, "see the ingratitude of mankind. It was not long before a large present of game reached me, with a letter from my new-made rector, purporting that he had sent it to me, because from what he had seen of my shooting he supposed I must be badly off for game. Think of turning upon me in this way, and wounding me in my tenderest point."

Amongst Eldon's humorous answers to applications for preferment should be remembered his letter to Dr. Fisher of the Charterhouse: on one side of a sheet of paper, "Dear Fisher, I cannot, to-day, give you the preferment for which you ask.—I remain your sincere friend, Eldon.Turn over;" and on the other side, "I gave it to you yesterday." This note reminds us of Erskine's reply to Sir John Sinclair's solicitation for a subscription to the testimonial which Sir John invited the nation to present to himself. On the one side of a sheet of paper it ran, "My dear Sir John, I am certain there are few in this kingdom who set a higher value on your services than myself, and I have the honor to subscribe," and on the other side it concluded, "myself your obedient faithful servant, Erskine."

[35] Swithin was tutor to Ethelwulf and Alfred. Becket was tutor to Henry II.'s eldest son. Wolsey—who took delight in discharging scholastic functions from the days when he birched schoolboys at Magdalen College, Oxford, till the time when in the plenitude of his grandeur he framed regulations for Dean Colet's school of St. Paul's and wrote an introduction to a Latin Grammar for the use of children—acted as educational director to the Princess Mary, and superintended the studies of Henry VIII.'s natural son, the Earl of Richmond. Amongst pedagogue-chancellors, by license of fancy, may be included the Earl of Clarendon, whose enemies used to charge him with 'playing the schoolmaster to his king,' and in their desire to bring him into disfavor at court used to announce his approach to Charles II. by saying, "Here comes your schoolmaster."


                                                                                                                                                                                                                                                                                                           

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