certainly very strong; but it was justified by the facts, and is a noble instance of his fearlessness as an advocate. The Duke of Clarence had endeavoured to injure the cause of the Queen by circulating calumnies concerning her among her judges—a practice with which Lord Denman dealt in these words: "To any man who could even be suspected of so base a practice as whispering calumnies to judges, distilling leprous venom into the ears of jurors, the Queen might well exclaim, 'Come forth thou slanderer, and let me see thy face.'

Had I not known of its existence in the high places of the earth, I should have held it impossible that any one with the heart of a man, or with the honour of a peer, should so debase his soul and degrade his honour. I would charge him as a judge,

I would impeach him as a judge; and if it were possible for the Blood Royal of England to descend to a course so disgraceful, I should fearlessly assert that it was far more just that such conduct should deprive him of his right of succession than that all the facts alleged against Her Majesty should warrant your Lordships in passing this Bill of degradation and divorce." He was made by a vindictive adversary to suffer for his independence, but he rose proportionately in the public estimation. Very different was the conduct of Norbury and Maynard, who, being retained for John Lilburne when he was prosecuted by the orders of Oliver Cromwell, contrived to be "sick or out of town."

CHAPTER VIII.

ADVOCACY (continued).

Persuasion-External Appearance-New Audiences-Murray's Statement-Great

Words-Interrogation-Invective-Well

imagined Nonsense--Irony-Quotation-Retort-Pure Elo

quence-Peroration.

THE prevailing weakness of advocates is their disposi tion to forget that the object of their efforts is to persuade their judges. They think too much about the wishes of their clients and solicitors, or the opinions of their friends out of doors; whereas the one question for them is-how will the matter affect the minds of those who have to decide? In comparing Erskine and Brougham as advocates, it used to be said that, although both were men of great power and eloquence, Erskine never spoke a word except with a view to the verdict, while Brougham was perfectly satisfied if he made a brilliant speech. Brougham's weakness in this respect became still more marked when he was brought in contact with that extraordinary verdict-getter, Sir James Scarlett. It is fair to say that Scarlett was an exceptionally successful advocate; so much so that, when some one was speaking in praise of his skill, a north-country juror remarked that it was no wonder he succeeded, as he was always on the right side. The common feeling with regard to his merits led to the composition of the

following pleasantry, which is preserved by Lord Campbell:- "Whereas Scarlett had contrived a machine, by using which, while he argued, he could. make the judges' heads nod with pleasure, Brougham in course of time got hold of it; but not knowing how to manage it when he argued, the judges, instead of nodding, shook their heads."

The art of persuasion is only to be acquired by those who take the trouble to consider to whom and

with what object they speak. Only to the true

advocate are made such remarks as fell from Lord Nottingham, when Somers, following five or six leaders, refused to take up his Lordship's time by repeating what had already been so well said. "Mr. Somers," said the Father of Equity, "pray go on. I sit in this place to hear everybody. You never repeat, nor will you take up my time; I shall therefore listen to you with pleasure." Even outward considerations are not despised by the good advocate. Erskine was exceedingly particular with regard to his appearance in court, and, although it is natural to laugh at his particularity, he was right. When he was taken down on special retainers to distant parts of the country, he always made a point of inspecting the court and taking in its bearings the night before he appeared in it. This was no idle precaution; for men generally feel strained in an unfamiliar place, as well as before a strange audience. Even the veteran Eldon feared a new audience. In one of his letters he wrote: "I am down here (Westminster) to give a charge to my old friends, the Pix jury, as to-day is

the trial of the coin and the Goldsmiths' dinner. I am always a little nervous before I make this sort of address ; and such a strange being is man that, though I could talk before a Parliament with as much indifference as if they were all cabbage plants, a new audience has ever borne an appalling appearance."

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One of Lord Mansfield's detractors asserted that from the harshness of his voice he was called "Orator Strix," adding that, when at the Bar, he assumed a bullying audacity in his manner, and seemed by a pertinacious importunity to overbear rather than gain the Bench. This was probably mere calumny, but it was frequently said in his time that "Murray's statement was worth a hundred arguments. There is a world of truth in this. Many men look upon their facts as hard, unchangeable things, which only serve to shape their arguments. They do not realise that they are susceptible of taking on different colours. Facts are not unlike rocks, which, indeed, never change, but, according as the sun shines at mid-day or in the evening, or does not shine at all, adopt the colour of the light which falls upon them.

The power of assertion, of using "great words," and taking “by admittance" that which it is difficult to make good, is very useful to an orator. But it is only the man who can assert in a manner which defies or terrifies contradiction who can use it with effect. Lord Thurlow was an excellent instance of asserting genius. His great word was always accompanied by "sound and fury," and by means of the two weapons he made himself a very formidable antagonist in

In

debate. When a proposal was made to establish a sinking fund for the redemption of the National Debt, he disposed of it in these terms : "The Bill exhibits a degree of presumption and arrogance in dictating to future Parliaments which, I trust, the House will never countenance. None but a novice, a sycophant, a mere reptile of a minister, would allow this Act to prevent him from doing what in his own judgment circumstances would require at the time; and a change in the situation of the country may render that which is proper at one time inapplicable at another. short the scheme is nugatory and impracticable-the inaptness of the project is equal to the vanity of the attempt." Lord Brougham, being accused, when he proposed his scheme for forming the Judicial Committee of the Privy Council, of wishing to make himself President, gave vent to the following extraordinary combination of great words :-"I am rather astonished-if indeed, after living so long, I can be astonished by anything that the motive assigned to me for bringing in this Bill is that I want to make a place for myself. However, I ought not to be astonished at this assertion -considering the numerous race it belongs toengendered by malice and her bastard-sister falsehood -both begotten by the father of lies upon the weakness of human nature."

Lord Thurlow was very fond of the interrogative style of oratory, by means of which he was able to give many a home thrust. Thus, in a debate on the judicial independence of Ireland, he said: "The noble Duke (Portland) tells us he looks round for confidence,