CHAPTER XXIV.

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HATS.

Not less famous in history than Bradshaw's broad-brimmed hat, nor less graceful than Shaftesbury's jaunty beaver, nor less memorable than the sailor's tarpaulin, under cover of which Jeffreys slunk into the Red Cow, Wapping, nor less striking than the black cap still worn by Justice in her sternest mood, nor less fanciful than the cocked hat which covered Wedderburn's powdered hair when he daily paced the High Street of Edinburgh with his hands in a muff—was the white hat which an illustrious Templar invented at an early date of the eighteenth century. Beau Brummel's original mind taught the human species to starch their white cravats; Richard Nash, having surmounted the invidious bar of plebeian birth and raised himself upon opposing circumstances to the throne of Bath, produced a white hat. To which of these great men society owes the heavier debt of gratitude thoughtful historians cannot agree; but even envious detraction admits that they deserve high rank amongst the benefactors of mankind. Brummel was a soldier; but Law proudly claims as her own the parent of the pale and spotless chapeau.

About lawyers' cocked hats a capital volume might be written, that should contain no better story than the one which is told of Ned Thurlow's discomfiture in 1788, when he was playing a trickster's game with his friends and foes. Windsor Castle just then contained three distinct centres of public interest—the mad king in the hands of his keepers; on the one side of the impotent monarch the Prince of Wales waiting impatiently for the Regency; on the other side, the queen with equal impatience longing for her husband's recovery. The prince and his mother both had apartments in the castle, her majesty's quarters being the place of meeting for the Tory ministers, whilst the prince's apartments were thrown open to the select leaders of the Whig expectants. Of course the two coteries kept jealously apart; but Thurlow, who wished to be still Lord Chancellor, "whatever king might reign," was in private communication with the prince's friends. With furtive steps he passed from the queen's room (where he had a minute before been assuring the ministers that he would be faithful to the king's adherents), and made clandestine way to the apartment where Sheridan and Payne were meditating on the advantages of a regency without restriction. On leaving the prince, the wary lawyer used to steal into the king's chamber, and seek guidance or encouragement from the madman's restless eyes. Was the malady curable? If curable, how long a time would elapse before the return of reason? These were the questions which the Chancellor put to himself, as he debated whether he should break with the Tories and go over to the Whigs. Through the action of the patient's disease, the most delicate part of the lawyer's occupation was gone; and having no longer a king's conscience to keep, he did not care, by way of diversion—to keep his own.

For many days ere they received clear demonstration of the Chancellor's deceit, the other members of the cabinet suspected that he was acting disingenuously, and when his double-dealing was brought to their sure knowledge, their indignation was not even qualified with surprise. The story of his exposure is told in various ways; but all versions concur in attributing his detection to an accident. Like the gallant of the French court, whose clandestine intercourse with a great lady was discovered because, in his hurried preparations for flight from her chamber, he appropriated one of her stockings, Thurlow, according to one account, was convicted of perfidy by the prince's hat, which he bore under his arm on entering the closet where the ministers awaited his coming. Another version says that Thurlow had taken his seat at the council-table, when his hat was brought to him by a page, with an explanation that he had left it in the prince's private room. A third, and more probable representation of the affair, instead of laying the scene in the council-chamber, makes the exposure occur in a more public part of the castle. "When a council was to be held at Windsor," said the Right Honorable Thomas Grenville, in his old age recounting the particulars of the mishap, "to determine the course which ministers should pursue, Thurlow had been there some time before any of his colleagues arrived. He was to be brought back to London by one of them, and the moment of departure being come, the Chancellor's hat was nowhere to be found. After a fruitless search in the apartment where the council had been held, a page came with the hat in his hand, saying aloud, and with great naÏvetÉ, 'My lord, I found it in the closet of his Royal Highness the Prince of Wales.' The other Ministers were still in the Hall, and Thurlow's confusion corroborated the inference which they drew." Cannot an artist be found to place upon canvas this scene, which furnishes the student of human nature with an instructive instance of

"That combination strange—a lawyer and a blush?"

For some days Thurlow's embarrassment and chagrim were very painful. But a change in the state of the king's health caused a renewal of the lawyer's attachment to Tory principles and to his sovereign.

The lawyers of what may be termed the cocked hat period seldom maintained the happy mean between too little and too great care for personal appearance. For the most part they were either slovenly or foppish. From the days when as a student he used to slip into Nando's in a costume that raised the supercilious astonishment of his contemporaries, Thurlow to the last erred on the side of neglect. Camden roused the satire of an earlier generation by the miserable condition of the tiewig which he wore on the bench of Chancery, and by an undignified and provoking habit of "gartering up his stockings while counsel were the most strenuous in their eloquence." On the other hand Joseph Yates—the puisne judge whom Mansfield's jeers and merciless oppressions drove from the King's Bench to the Common Pleas, where he died within four months of his retreat—was the finest of fine gentlemen. Before he had demonstrated his professional capacity, the habitual costliness and delicacy of his attire roused the distrust of attorneys, and on more than one occasion wrought him injury. An awkward, crusty, hard-featured attorney entered the foppish barrister's chambers with a bundle of papers, and on seeing the young man in a superb and elaborate evening dress, is said to have inquired, "Can you say, sir, when Mr. Yates will return?" "Return, my good sir!" answered the barrister, with an air of surprise, "I am Mr. Yates, and it will give me the greatest pleasure to talk with you about those papers." Having taken a deliberate survey of the young Templar, and made a mental inventory of all the fantastic articles of his apparel, the honest attorney gave an ominous grunt, replaced the papers in one of the deep pockets of his long-skirted coat, twice nodded his head with contemptuous significance, and then, without another word—walked out of the room. It was his first visit to those chambers, and his last. Joseph Yates lost his client, before he could even learn his name; but in no way influenced by the occurrence he maintained his reputation for faultless taste in dress, and when he had raised himself to the bench, he was amongst the judges of his day all that Revell Reynolds was amongst the London physicians of a later date.

Living in the midst of the fierce contentions which distracted Ireland in the days of our grandfathers, John Toler, first Earl of Norbury, would not have escaped odium and evil repute, had he been a merciful man and a scrupulous judge; but in consequence of failings and wicked propensities, which gave countenance to the slanders of his enemies and at the same time earned for him the distrust and aversion of his political coadjutors, he has found countless accusers and not a single vindicator. Resembling George Jeffreys in temper and mental capacity, he resembled him also in posthumous fame. A shrewd, selfish, overbearing man, possessing wit which was exercised with equal promptitude upon friends and foes, he alternately roused the terror and the laughter of his audiences. At the bar and in the Irish House of Commons he was alike notorious as jester and bully; but he was a courageous bully, and to the last was always as ready to fight with bullets as with epigrams, and though his humor was especially suited to the taste and passions of the rabble, it sometimes convulsed with merriment those who were shocked by its coarseness and brutality. Having voted for the abolition of the Irish Parliament, the Right Honorable John Toler was prepared to justify his conduct with hair-triggers or sarcasms. To the men who questioned his patriotism he was wont to answer, "Name any hour before my court opens to-morrow," but to the patriotic Irish lady who loudly charged him in a crowded drawing-room with having sold his country, he replied, with an affectation of cordial assent, "Certainly, madam, I have sold my country. It was very lucky for me that I had a country to sell—I wish I had another." On the bench he spared neither counsel nor suitors, neither witnesses nor jurors. When Daniel O'Connell, whilst he was conducting a cause in the Irish Court of Common Pleas, observed, "Pardon me, my lord, I am afraid your lordship does not apprehend me;" the Chief Justice (alluding to a scandalous and false report that O'Connell had avoided a duel by surrendering himself to the police) retorted, "Pardon me also; no one is more easily apprehended than Mr. O'Connell"—(a pause—and then with emphatic slowness of utterance)—"whenever he wishes to be apprehended." It is said that when this same judge passed sentence of death on Robert Emmett, he paused when he came to the point where it is usual for a judge to add in conclusion, "And may the Lord have mercy on your soul!" and regarded the brave young man with searching eyes. For a minute there was an awful silence in the court; the bar and the assembled crowd supposing that the Chief Justice had paused so that a few seconds of unbroken stillness might add to the solemnity of his last words. The disgust and indignation of the spectators were beyond the power of language, when they saw a smile of brutal sarcasm steal over the face of the Chief Justice as he rose from his seat of judgment without uttering another word.

Whilst the state prosecutions were going forward, Lord Norbury appeared on the bench in a costume that accorded ill with the gravity of his office. The weather was intensely hot; and whilst he was at his morning toilet the Chief Justice selected from his wardrobe the dress which was most suited to the sultriness of the air. The garb thus selected for its coolness was a dress which his lordship had worn at a masquerade ball, and consisted of a green tabinet coat decorated with huge mother-of-pearl buttons, a waistcoat of yellow relieved by black stripes, and buff breeches. When he first entered the court, and throughout all the earlier part of the proceedings against a party of rebels, his judicial robes altogether concealed this grotesque attire; but unfortunately towards the close of the sultry day's work, Lord Norbury—oppressed by the stifling atmosphere of the court, and forgetting all about the levity as well as the lightness of his inner raiment—threw back his judicial robe and displayed the dress which several persons then present had seen him wear at Lady Castlereagh's ball. Ere the spectators recovered from their first surprise, Lord Norbury, quite unconscious of his indecorum, had begun to pass sentence of death on a gang of prisoners, speaking to them in a solemn voice that contrasted painfully with the inappropriateness of his costume.

In the following bright and picturesque sentence, Dr. Dibdin gives a life-like portrait of Erskine, whose personal vanity was only equalled by the egotism which often gave piquancy to his orations, and never lessened their effect:—"Cocked hats and ruffles, with satin small-clothes and silk stockings, at this time constituted the usual evening dress. Erskine, though a good deal shorter than his brethren, somehow always seemed to take the lead both in pace and in discourse, and shouts of laughter would frequently follow his dicta. Among the surrounding promenaders, he and the one-armed Mingay seemed to be the main objects of attraction. Towards evening, it was the fashion for the leading counsel to promenade during the summer in the Temple Gardens, and I usually formed one in the thronging mall of loungers and spectators. I had analysed Blackstone, and wished to publish it under a dedication to Mr. Erskine. Having requested the favor of an interview, he received me graciously at breakfast before nine, attired in the smart dress of the times, a dark green coat, scarlet waistcoat, and silk breeches. He left his coffee, stood the whole time looking at the chart I had cut in copper, and appeared much gratified. On leaving him, a chariot-and-four drew up to wheel him to some provincial town on a special retainer. He was then coining money as fast as his chariot wheels rolled along." Erskine's advocacy was marked by that attention to trifles which has often contributed to the success of distinguished artists. His special retainers frequently took him to parts of the country where he was a stranger, and required him to make eloquent speeches in courts which his voice had never tested. It was his custom on reaching the town where he would have to plead on the following day, to visit the court over-night, and examine its arrangements, so that when the time for action arrived he might address the jury from the most favorable spot in the chamber. He was a theatrical speaker, and omitted no pains to secure theatrical effect. It was noticed that he never appeared within the bar until the cause cÉlÈbre had been called; and a buzz of excitement and anxious expectation testified the eagerness of the assembled crowd to see, as well as to hear, the celebrated advocate. Every article of his bar costume received his especial consideration; artifice could be discerned in the modulations of his voice, the expressions of his countenance, and the movements of his entire body; but the coldest observer did not detect the artifice until it had stirred his heart. Rumor unjustly asserted that he never uttered an impetuous peroration which he had not frequently rehearsed in private before a mirror. About the cut and curls of his wigs, their texture and color, he was very particular: and the hands which he extended in entreaty towards British juries were always cased in lemon-colored kid gloves.

Erskine was not more noticeable for the foppishness of his dress than was Lord Kenyon for a sordid attire. Whilst he was a leading advocate within the bar, Lord Kenyon's ordinary costume would have disgraced a copying clerk; and during his later years, it was a question amongst barristers whether his breeches were made of velvet or leather. The wits maintained that when he kissed hands upon his elevation to the Attorney's place, he went to court in a second-hand suit purchased from Lord Stormont's valet. In the letter attributed to him by a clever writer in the 'Rolliad,' he is made to say—"My income has been cruelly estimated at seven, or, as some will have it, eight thousand pounds per annum. I shall save myself the mortification of denying that I am rich, and refer you to the constant habits and whole tenor of my life. The proof to my friends is easy. My tailor's bill for the last fifteen years is a record of the most indisputable authority. Malicious souls may direct you, perhaps, to Lord Stormont's valet de chambre, and can vouch the anecdote that on the day when I kissed hands for my appointment to the office of Attorney General, I appeared in a laced waistcoat that once belonged to his master. I bought the waistcoat, but despise the insinuation; nor is this the only instance in which I am obliged to diminish my wants and apportion them to my very limited means. Lady K—— will be my witness that until my last appointment I was an utter stranger to the luxury of a pocket-handkerchief." The pocket-handkerchief which then came into his possession was supposed to have been found in the pocket of the second-hand waistcoat; and Jekyll always maintained that, as it was not considered in the purchase, it remained the valet's property, and did not pass into the lawyer's rightful possession. This was the only handkerchief which Lord Kenyon is said to have ever possessed, and Lord Ellenborough alluded to it when, in a conversation that turned upon the economy which the income-tax would necessitate in all ranks of life, he observed—"Lord Kenyon, who is not very nice, intends to meet the crisis by laying down his handkerchief."

Of his lordship's way of getting through seasons of catarrh without a handkerchief, there are several stories that would scarcely please the fastidious readers of this volume.

Of his two wigs (one considerably less worn than the other), and of his two hats (the better of which would not have greatly disfigured an old clothesman, whilst the worse would have been of service to a professional scarecrow), Lord Kenyon took jealous care. The inferior wig was always worn with the better hat, and the more dilapidated hat with the superior wig; and it was noticed that when he appeared in court with the shabbier wig he never removed his chapeau; whereas, on the days when he sat in his more decent wig, he pushed his old cocked hat out of sight. In the privacy of his house and in his carriage, whenever he traveled beyond the limits of town, he used to lay aside wig and hat, and cover his head with an old red night-cap. Concerning his great-coat, the original blackness of which had been tempered by long usage into a fuscous green, capital tales were fabricated. The wits could not spare even his shoes. "Once," Dr. Didbin gravely narrated, "in the case of an action brought for the non-fulfillment of a contract on a large scale for shoes, the question mainly was, whether or not they were well and soundly made, and with the best materials. A number of witnesses were called, one of them, a first-rate character in the gentle craft, being closely questioned, returned contradictory answers, when the Chief Justice observed, pointing to his own shoes, which were regularly bestridden by the broad silver buckle of the day, 'Were the shoes anything like these?' 'No, my lord,' replied the evidence, 'they were a good deal better and more genteeler.'" Dr. Didbin is at needless pains to assure his readers that the shoemaker's answer was followed by uproarious laughter.


                                                                                                                                                                                                                                                                                                           

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