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LA W

AND
LA

L A W Y ER S

IN

LITERATURE

BY

IRVING BROWNE
AUTHOR OF "HUMOROUS PHASES OF THE LAW,"

SHORT STUDIEŚ

OF GREAT LAWYERS"

BOSTON
SOULE AND BUGBEE

1883

3)

1883. mar. 29
mince Fund

COPYRICHT, 1882,

By SOULE AND BUGBEE.

Franklin Press:
RAND, AVERY, AND COMPANY,

BOSTON,

INTRODUCTION.

IT

T is my purpose to show how the Law and

the Lawyers have been depicted in Literature. I shall do this by extracts from the chief dramatists, novelists, historians, essayists, and moralists, with occasional notes of illustration, suggestion, or protest. There is, undoubtedly, and always has been, a tendency on the part of mankind to rail against and make fun of all the learned professions. To call the clergyman a hypocrite, the physician a murderer, and the lawyer a liar, has long been one of the favorite amusements of a numerically considerable part of mankind. Much of this is mere badinage, but a good deal is serious; and in the portion that is not avowedly serious, there is frequently a grain of earnest. The mass of men do not love men who are able to get a living, and attain honors, without the use of money or muscle. The capitalist thinks very

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little of those who do not lean upon capital ; the merchant has no great respect except for the results of trade; the mechanic is envious of one who is not obliged to toil with his hands. So, from all these classes, there is a continual undercurrent of chaffing of the professional men. They are only tolerated because and when they are indispensable. The clergyman is called in to scare away the terrors of sickness and death; the physician is summoned to cure the pains and ills of life; the lawyer is retained to rescue estates, to make wills, to defend against criminal accusations. Quite in proportion to the carelessness and indifference, or the hostility and envy, with which the learned men have been regarded, are the slavishness of the dependence and the implicitness of trust which are shown when the learned men become necessary or convenient. A man who is or imagines himself dying forgets the sport he has made of the clergyman's long face, sober dress, solemn ways, set speech, and quarrels with other sectarians, and has him in at once to pray over him. Even if he has neglected and scoffed at him all his life, he is pretty sure to want him toward the last. So, when a man has the gout or the stomach-ache, he forgets what he

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