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he be. Therefore, as our wickednesse maketh him necessarie, and necessitie maketh him honorable, so is he not in the deepest trueth to stande in rancke with these, who all indeavour to take naughtines away, and plant goodnesse even in the secretest cabinet of our souls ? And these foure are all that any way deale in that consideration of men's manners, which beeing the Supreme knowledge, they that best breed it deserve the best commendation.”

The other three of “these foure are the poet, the historian, and the philosopher. Pretty good company for men of bad manners, truly! Sir Philip farther on discusses the nice point whether poets are blameworthy for giving names to men they write of, and thus arguing a conceit of an actual truth : “And doth the Lawyer lye then,” says he, “when under the names of John a Stile and John a Noakes hee puts his case?” he acknowledges, may be abused, and so may law : “Dooth not knowledge of Law, whose end is to even and right all things, being abused, grow the crooked fosterer of horrible injuries ?”

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But poetry,


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The following “Lawyer's Creed” might be in danger

" of being considered blasphemous if it had been written by a layman ; but as the work of Dr. John Cosin, a prelate of the seventeenth century, I suppose it is entirely orthodox :

“Credo in dominum Judicem pro arbitrio statuentem;
In Attornatum meum, omnium litium creatorem;
Et in duodecim viros in cassibus nostris nihil intelligentes.

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Credo Westmonasteriensem Aulam esse Ecclesiam Catho

licam; Statua omnia, prohibitiones, decreta, et reportus, esse tradi

tiones apostolicas; Sed omnes lites futuras esse æternas; Et nullam esse debitorum remissionem; Si plus velis, Credo omnes academias et artes humaniores esse abolendas,

in secula seculorum, Amen.” As an offset, I quote the following from an early volume of “The Gentleman's Magazine,” - a fitting receptacle for such enlightened sentiments: “The Portion of a Just Lawyer. Whilst he lives, he is the Delight of the Court, the Ornament of the Bar, a Pattern of Innocency, the Glory of his Profession, a Terror to Deceit, the Oracle of his Country. And when Death calls him to the Bar of Heaven, by the De habendo corpus cum causa, he finds the Judge his Advocate, nonsuits the Devil, and continues one of the Long Robe in Glory."

BISHOP COLLYER, in his moral essays, has the following dialogue :

Philotimus. Pray, what is your opinion of those lawyers who appear in a foul cause?

Philalethes. I think if they know it they misbehave themselves, and have much to answer for. What can be more unaccountable than to solicit against justice, and lend the credit of our character to an ill business? To throw in dilatory pleas and false suggestions, to perplex the argument or entangle the witness? To make a mercenary noise against right or reason? To misapply precedents and statutes, and draw the laws into a conspiracy,


to endeavor to surprise the judge and mislead the jury? To employ learning and lungs and elocution to such purposes as these, is to disgrace the bar, and mismanage to a high degree.

Philot. Must the counsel start at every dark appearance, and the client be dismissed at the first information ? that is hard : a cause which has an ill face at first, clears up sometimes in the court, and brightens strangely upon the proceedings. This observation prevailed with Sir Matthew Hale to discharge his scruples, and practise with more freedom.

Philal. I grant this reverend judge relaxed a little, and gave his conscience more reason you mention. When his business lay at the bar, he made no difficulty to venture through suspicion and dislike: he thought it no fault to bring the matter to an issue, and try the strength of either party. But when he once found it work foul and shrink under the test, he would engage no further, nor ever encourage the keeping on the dispute.

Philot. What then: must a man turn away his clients and baulk his profession?

Philal. It is no part of a lawyer's profession to promote injustice, or help one man to that which belongs to another. The laws are made to secure property, to put an end to contests, and help those to right that suffer wrong. They were never designed to entangle matters, to perpetuate quarrels, to enrich any set of men at the damage of the community. To engage in an ill cause, when I am conscious it is so, is, in plain English, to encourage a litigious humor, to countenance a knave : it is to do my best to disseize an honest man of his birthright, and wrest his money or his land from him. If the privi

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lege of practice, if the pretence of taking a fee, will justify us in this liberty, why may not the consideration of money bear us out in other remarkable instances? Why may we not be hired for any other mischief? Why may not a physician take a fee of one man to poison another?"

BAXTER, in his “Christian Directory," giving directions to lawyers about their duty to God, says, “Be not counsellors or advocates against God; that is, against justice, truth, or innocency. A bad cause would have no ons if there were no bad or ignorant lawyers. It is a dear-bought fee which is got by sinning, especially by such a wilful, aggravated sin as the deliberate pleading for iniquity, or opposing of the truth. Whatever you say or do against truth and innocency and justice, you do it against God himself. And is it not a sad case, that

among professing Christians there is no cause so bad but can find an advocate for a fee? I speak not against just counsel to a man that has a bad cause (to tell him it is bad and persuade him to disown it), nor do I speak against you for pleading against excessive penalties or damages; for so far your cause is good, though the main cause of your client was bad: but he that speaketh or counselleth another for the defence of sin, or the wronging of the innocent, or the defrauding another of his right, and will open his mouth to the injury of the just, for a little money, or for a friend, must try whether that money or friend will save him from the vengeance of the Universal Judge (unless faith and true repentance, which will cause confession and restitution, do prevent it). To deal freely


with you counsellors, it is a matter that they who are strangers to your profession can scarce put any fair construction upon, that the worst cause, for a little money, should find an advocate among you! This driveth the standers-by upon this harsh dilemma, — to think that either your understandings or your consciences are very bad. If, indeed, you so little know a good cause from a bad, then it must needs tempt men to think you very unskilled in your profession.

But when almost every cause, even the worst, that comes to the bar, shall have some of you for it, and some against it; and in the palpablest causes you are some on one side and some on the other, — the strange difference of your judgments doth seem to betray your weakness. But if you know the causes to be bad which you defend, and to be good which you oppose, it more evidently betrays a deplorable conscience. I speak not of your innocent or excusable mistakes in cases of great difficulty, nor yet of excusing a cause bad in the main from unjust aggravations; but when money will hire you to plead for injustice against your own knowledge, and to use your will to defraud the righteous, and spoil his cause, or vex him with delays for the advantage of your unrighteous client, I would not have your conscience for all your gains, nor your account to make for all the world.”

I must admit, it is to be feared that lawyers are too much like other men, no better than clergymen, for instance, either in judgment or conscience. If there is

any efficacy in a particular creed, the vast majority of clergymen must be damned for not being wise enough to believe it; and observation teaches us that they are subject to pecuniary influences, for which I do not say they are

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