if he had reason to think the purse was not sold with the bureau (Merry v. Green, 7 M. & W. 623)—a subject much discussed since in Reg. v. Ashwell (16 Q. B. Div. 190) and Reg. v. Flowers (16 Q. B. Div. 643).

In his latter years Baron Parke had acquired a habit of thinking aloud, which led on one occasion to a rather amusing incident. While trying an old woman upon a charge of stealing faggots he unconsciously ejaculated, "Why, one faggot is as like another faggot as an egg is like another egg." The counsel defending the case heard the observation and repeated it to the jury. 'Stop," said Sir James, "stop; it is an intervention of Providence. This was the very thought that passed through my mind. Gentlemen (addressing the jury) acquit the prisoner."

THE RIGHT HONOURABLE STEPHEN

LUSHINGTON.

THE Composite character of our law is strikingly illustrated in the fact that it is made up not only of common law, statute law, and equity, but in a large measure of the civil and the canon law; but it is the civil law and canon law adjusted to English ideas and exigencies. Next to Lord Stowell no judge has done more towards making and moulding this branch of our law-the law once administered in the Admiralty and Ecclesiastical Courts, and now in the Probate, Divorce, and Admiralty Division-than Dr. Lushington, "clarum et venerabile nomen." Of an ardent and enthusiastic temperament, young Lushington threw himself heart and soul (Eton and Christchurch notwithstanding) into the strong tide of reform which set in at the beginning of this century under the impulse of the French Revolution.

Forward, rang the voices then, and of the many his was one.

His was one, and not the least potent. At twenty-four he had already made his mark in the House of Commons as an able and vigorous speaker and a pronounced party man. Slave emancipation, extension of the franchise, abolition of capital punishment, abolition of Jewish and Catholic disabilities, education, the ballot -he championed them all, the complete Liberal programme of the day. His political career may be said to have run parallel to that of Brougham. But Lushington had two sides to his character. With the ardour and impulsiveness which made him a friend of the people when it was almost infamy to be so, he united a singular calmness and sobriety of judgment which foretold the future judge. No one ever made more brilliant speeches in Parliament. No one could be more safely trusted to deal with a grave and difficult appeal.

It was in this latter capacity that he was consulted while at

the Bar by Lady Byron as to her relations with Lord Byron. Lady Byron's first idea was that Byron's eccentricities, to give them a mild name, were due to insanity, and at her request Dr. Lushington and Dr. Baillie actually visited him, without informing him of their purpose of course, to judge of his state. The result was to convince them that he was of perfectly sound mind. On hearing their report, Lady Byron's views of her husband's delinquencies underwent an entire change. She had parted from him on good terms, but she now refused to return. She went to London, and saw Dr. Lushington. He and Sir Samuel Romilly, who had also been consulted by Lady Noel (Lady Byron's mother), had spoken of possible reconciliation. Lady Byron now told Dr. Lushington of facts "utterly unknown," he says, "I have no doubt, to Sir R. and Lady Noel." His opinion was entirely changed. "He thought reconciliation impossible, and should it be proposed, he could take no part, professionally or otherwise, towards effecting it." What the secret was which Lady Byron communicated to Dr. Lushington-the real cause of the rupture is a mystery which has piqued the curiosity of the gossips ever since. Mrs. Beecher Stowe's version, of Byron's being guilty of an incestuous connection with his half-sister, Mrs. Leigh, is generally voted inadmissible-a figment of Lady Byron's jealous fancy. When it was promulgated, Dr. Lushington made no sign either for or against it. The authentic secret, whatever it was, died with him. (a)

As a leading counsel in matrimonial cases, Dr. Lushington naturally figured in another historical scene-Queen Caroline's trial. He was retained for her, and delivered a masterly speech on her behalf. He seems, indeed, in an especial manner to have commanded her confidence, while she equally distrusted Brougham. When the Bill of Pains and Penalties was brought to her by the Usher of the Black Rod, she walked about the room in extreme agitation, repeatedly exclaiming: "If my head is upon Temple Bar it will be Brougham's doing."

In recognition of their brilliant services on this occasion

(a) A red box supposed to contain the Byron secret was given by Dr. Lushington to his son-not to be opened until ten years after his death. It was duly opened in the presence, among others, of Mr. Guy Lushington, from whom the writer had the story, and was found to contain nothing but a few betting memoranda. The bottom had been cut out with a sawby whom it was never known-and the contents removed.