band of friendship had its root in the time of the Irish rebellion." (Life of Lord Guilford, vol. i. p. 43.)

CERTAINTY TO A CERTAIN INTENT IN EVERY PARTICULAR.

When a fact is stated with such precision as to exclude every implication contrary to such statement, it is said, in legal language, to be" certain to a certain intent in every particular;" and this is termed the highest degree of certainty, as though there were degrees of comparison in certainty, (in the manner of the Irishman's portrait, which was more like than the original.) In the following passage Lord Eldon appears to have employed this highest degree of certainty in defining the exact shade of doubt with which his mind was impressed.

In this case a specific performance of an agreement was sought, and a variation was attempted to be introduced by parol, on the ground of mistake and surprise, which was positively denied by the defendant. "His Lordship said that he would not say that upon the evidence without the answer, he should not have had so much doubt whether he ought not to rectify the agreement, as to take more time to consider whether the bill should be dismissed!" (Marquis of Townsend y. Stangroom, 6 Ves. p. 328.)

CEREMONIES FORMERLY OBSERVED ON THE

CREATION OF A JUDGE.

"The Lord Chancellor having taken his seat in the Court where the vacancy is to be filled, bringing with him the King's letters patent, shall cause the sergeant elect to be brought in, to whom, in open Court, he notifies the King's pleasure, causing the letters to be publicly read; which done, the Master of the Rolls shall read to him the oath that he is to take, that he shall indifferently minister justice to all men, as well foes as friends, that shall have any suit or plea before him; and this he shall not forbear to do, though the King's Letters,* or by express word of mouth would command the contrary; and that from time to time he shall not receive any fee or pension, or living of any man, but of the King only, nor any gift, reward, or bribe, of any man having suit or plea before him, saving meat and drink, which shall be of no great value;'t and on this oath

* As to the oath of the Judges, see 3 Inst. 223. Lord Coke in resisting the King's commands in the case of Commendams, relied upon this oath. See 1 Col. Jur.1. + Sir Matthew Hale appears to have put a very strict construction on these words. See his Life, by Burnet, p. 31.

being administered, the Chancellor shall deliver to him the King's Letters aforesaid, and the Lord Chief Justice of the Court shall assign him a place in the same, where he shall then place him, and which he shall afterwards keep.

"The Justice thus made, shall not be at the charges of any dinner, solemnity, or other costs, because there is no degree in the faculty of the law, but an office only, and a room of authority to continue during the King's pleasure.

"The Judges anciently rode to Westminster in great state after they were so made. Mr. Justice Coventrie, a Bencher of the Inner Temple, being chosen a Judge of the Common Pleas, proceeded from his chambers in Serjeant's Inn to Westminster, accompanied by the gentlemen of the Temple and the Students of the Inns of Chancery. The Judge went foremost, after him the Bench, and then the Bar, then the Gentlemen of the House, and then the Students of the various Inns. But the order of this procession being found to be erroneous, (for the Inns of Chancery should go first, then the young Gentlemen of the House in which the Judge has studied, then the Bar, then the Bench, after that the ancients, and last of all the Judge,) the error was corrected on the following day, in accompanying Judge Tanfield of the Temple.

"In the same manner was conducted the proI

cession of Sir Henry Montague, who succeeded Sir Edward Coke in the Chief Justiceship of the King's Bench, Michaelmas Term, 1616.* First went on foot the young Gentlemen of the Inner Temple, (of which house he was,) after them the Barristers, according to their seniority, next the Officers of the King's Bench, then the Chief Justice himself on horseback in his robes, the Earl of Huntingdon on his right and the Lord Willoughby of Eresby on his left, with about fifty Knights and Gentlemen of quality following." (Herbert's Inns of Court, 91.)

ELOQUENCE OF THE EARLY ENGLISH LAWYERS.

The early English Lawyers do not appear, from what we know of the subject, to have been a very eloquent race of men. If we may judge from the reports transmitted to us in the year-books, their arguments were exceedingly pithy, and never wandered beyond the technical limits of the question. There is a passage in Sir Thomas Elyot's Governor, which confirms this view of the subject. "But for as much as the tongue wherein it (the law,) is spoken, is barbarous, and the stirring of affections of the mynde in this nature was

See Bacon's Speech to Montague, on his being sworn in as Chief Justice, Moor's Rep. 826.

never used, therefore there lacketh elocution and pronunciation, two of the principal parts of rhetorike, notwithstanding some lawyers, if they be well reteined, will in a meane cause pronounce right vehemently." (Governor, p. 48.) The vehemence of the Lawyers is also noticed by Ascham in his Toxophilus: "When a man is alwaye in one tune like a humble bee, or els now in the top of the church, now downe no man knoweth where to have him, or piping like a reed, or roaring like a bull, as some Lawyers do, who think they do best when they cry loudest; these shall never greatly move, as I have known many well learned have done, because their voice was not stayed afore with learning to singe." (Toxoph. p. 30.)

Our old Lawyers appear to have been even more noisy than some of their brethren at the present day. "You are," says Lord Bacon in his speech to Sir Henry Montague, when the latter was sworn in as Lord Chief Justice,

"You are to

admonish, to reprehend, aud to correct lawyers that observe not that discretion and duty which it becomes them. It is said, in France, that there is a rabiosa litigandi facultas; if you find this in any brabbling and tumultuous Lawyers, you are not only to enjoin them silence, but to sequester them from their practice of exercise before you, you see cause." Moor's Rep. 827.

if

The lawyers of Elizabeth and James's day were