. The hostess of a Smithfield
tavern had received a sum of money from three graziers, in trust for
them, and on engagement to restore it to them on their joint demand.
Soon after this transfer, one of the co-depositors, fraudulently
representing himself to be acting as the agent of the other two, induced
the old lady to give him possession of the whole of the money--and
thereupon absconded. Forthwith the other two depositors brought an
action against the landlady, and were on the point of gaining a decision
in their favor, when young Egerton, who had been taking notes of the
trial, rose as _amicus curiae_, and argued, "This money, by the contract,
was to be returned to _three_, but _two_ only sue;--where is the
_third_? let him appear with the others; till then the money cannot be
demanded from her." Nonsuit for the plaintiffs--for the young student a
hum of commendation.
Many of the pungent sayings current in Westminster Hall at the present
time, and attributed to eminent advocates who either are still upon the
forensic stage, or have recently withdrawn from it, were common jests
amongst the lawyers of the seventeenth century. What law-student now
eating dinners at the Temple has not heard the story of Sergeant
Wilkins, who, on drinking a pot of stout in the middle of the day,
explained that, as he was about to appear in court, he thought it right
to fuddle his brain down to the intellectual standard of a British jury.
This merry thought, two hundred and fifty years since, was currently
attributed to Sir John Millicent, of Cambridgeshire, of whom it is
recorded--"being asked how he did conforme himselfe to the grave
justices his brothers, when they met, 'Why, in faithe,' sayes he, 'I
have no way but to drinke myself downe to the capacitie of the Bench.'"
Another witticism, currently attributed to various recent celebrities,
but usually fathered upon Richard Brinsley Sheridan--on whose reputation
have been heaped the brilliant _mots_ of many a speaker whom he never
heard, and the indiscretions of many a sinner whom he never knew--is
certainly as old as Shaftesbury's bright and unprincipled career. When
Charles II. exclaimed, "Shaftesbury, you are the most profligate man in
my dominions," the reckless Chancellor answered, "Of a subject, sir, I
believe I am." It is likely enough that Shaftesbury merely repeated the
witticism of a previous courtier; but it is certain that Sheridan was
not the first to strike out the pun
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