[17] Of these renderings the subjoined may be taken as favorable
specimens:--"Breve originale, original sinne; capias, a catch to a sad
tune; alias capias, another to the same (sad tune); habeas corpus, a
trooper; capias ad satisfaciend., a hangman: latitat, bo-peep; nisi
prius, first come first served; demurrer, hum and haw; scandal. magnat.,
down with the Lords."
[18] Even vacations stink in the nostrils of Mr. Rogers; for he
maintains that they are not so much periods when lawyers cease from
their odious practices, as times of repose and recreation wherein they
gain fresh vigor and daring for the commission of further outrages, and
allow their unhappy victims to acquire just enough wealth to render them
worth the trouble of despoiling.
CHAPTER XVII.
CHIEF JUSTICE POPHAM.
One of the strangest cases of corruption amongst English Judges still
remains to be told on the slender authority which is the sole foundation
of the weighty accusation. In comparatively recent times there have not
been many eminent Englishmen to whom 'tradition's simple tongue' has
been more hostile than Queen Elizabeth's Lord Chief Justice, Popham. The
younger son of a gentle family, John Popham passed from Oxford to the
Middle Temple, raised himself to the honors of the ermine, secured the
admiration of illustrious contemporaries, in his latter years gained
abundant praise for wholesome severity towards footpads, and at his
death left behind him a name--which, tradition informs us, belonged to a
man who in his reckless youth, and even after his call to the bar, was a
cut-purse and highwayman. In mitigation of his conduct it is urged by
those who credit the charge, that young gentlemen of his date were so
much addicted to the lawless excitement of the road, that when he was
still a beardless stripling, an act (1 Ed. VI. c. 12, s. 14) was passed,
whereby any peer of the realm or lord of parliament, on a first
conviction for robbery, was entitled to benefit of clergy, though he
could not read. But bearing in mind the liberties which rumor is wont to
take with the names of eminent persons, the readiness the multitude
always display to attribute light morals to grave men, and the
infrequency of the cases where a dissolute youth is the prelude to a
manhood of strenuous industry and an old age of honor--the cautious
reader will require conclusive testimony before he accepts Popham's
connection with 'the road' as one of the unassailable facts of history.
Public-domain text, read in full here on John Shaqi.
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