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bitrament of war, title by conquest is treated among the most sublime and sacred of the diplomatic gravities of our sages and statesmen! Short-sighted man! when will you come to discern, or to avow, that what you commonly call your rights, as they were originally all acquired by, so do they ultimately rest upon, might and truth alone.

But to apply the result of this dissertation to its more immediate object, it is clear that under the summary procedure described, there would be little demand for the profession of the advocate; or if it existed under any form, it should be found wielding other arms than oratory, among a race so warlike as the Franks. Accordingly, in Gaul, where the trial by combat had now become the common mode of decision, a party unwilling to fight himself might employ a champion; and this championship had become a regular profession, for the use more especially of the clergy and the women. Here is the germ of knight-errantry and chivalry. Thus was dispatched the litigation of the barons. And as to the people, they had nothing which could give occasion for litigation-not only possessing no property, but being themselves, in general, the property of the lords.

But as the kingdom, or at least the church, of Christ enlarged its dominion, and the cathedrals and monasteries kept a proportionate pace in the contemptible wealth and profane possessions of this world, to manage these "temporalities" a description of men came to be employed, called at the time advocati, (from the similarity of function doubtless,) but tortured afterwards into the French avoués, (still in use, in the sense of our attornies,) and whom we now call proctors, in English parlance and law. These-who were to be laymen-seem, however, to have been a sort of general agents, of whose manifold attributions it was but the principal to defend the judicial rights of the church and abbey. The office in process of time-aided perhaps by the proverbial savoir-faire of the lawyer generation came to be hereditary, by one of those queer transformations which are the veins most valuable and least explored of the history of social institutions. The avoué came to have in the benefice a qualified property, or fief, which was termed avouerié-not unfamiliar to our lawyers, (though, happily, foreign to

own

our laws,) under its barbarous derivative, 66 advowson."

In this usage the church was speedily followed by the towns, and then the provinces, of France. As general society progressed, the analogous wants of the public produced another description of these law agents, differing from the former in being devoted to no clientage in particular, but like their modern successors, at the call of the first comer, or the highest bidder. These got the significant name, clamatores, from the Celtic clam, or claim, says M. Fournel:* or may it not have been the plain Latin, according to Cicero's contradistinction between clamator the spouter, and orator, the accomplished advocate?

In the Institutes (Etablissements) of St. Louis (1270), the ancient term advocates is again employed; but probably in a generic sense: for, while rules (by the by, admirable) are prescribed (Chap. 14) for the discipline of the profession, no special mention is made of the pleaders of the Parliament. We also remark, about this period, an educational improvement in the lawyers, as seems to be indicated in their receiving the title of doctors, that is, learned; though we own the inference might be fallacious in other times and countries. Another sign of their advancement in consideration was, investing them with knighthood, chevaliers de loi. Hence the legitimate right of the lawyers to the addition "esquire," a title which, however, ours at least have the liberality to share with a client, even though he should be a cartman or a green-grocer. We have already seen a Roman emperor, with the view of propping the dignity of the profession, ordain the rank of the advocate to be equal to that of the soldier. How low must it have sunk, or how much been misconceived, to be deemed honored by either comparison! But the military profession was the "hobby" of Roman vanity, as knighthood was of that of the middle ages. And such is the principle of most the titles conferred by men and by states. It may not be without use also to observe in this connection, that titles are conferred and assumed the most prodigally where the things they are supposed to signify are wanting. For example, in our own free country, one meets a general or a major in every third tavern-keeper and country attorney. Not a strolling lecturer, upon all subjects or none, from the mystic dance" of the planetary systems down

* Histoire des Avocats au Parliment et au Barreau de Paris.

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through the American "sciences" of phrenology, mesmerism, laughing-gas, and that diapason of the learned scale, the art and mystery of dog-dancing, but pompously dubbs himself " professor." There is much meaning in all this, if only people had eyes. We do not find the Roman jurisconsults get or take the titles of clarissimi, or doctores, or chevaliers-ès-lois, in the glorious days of Labeo, or Gaius, or Papinian. The title of marshal was not very common among tavern-keepers and tailors under the empire of Napoleon. Nor is that of professor wont to be travestied in the country where La Place, Cuvier, Comte and Guizot have been professors. However, a new era dawned upon the bar in France with the creation of the famous Parliament of Paris. This, which, like all institutions of spontaneous origin, is of uncertain date, was not what the name would suggest to the English or American reader. We may trust Voltaire, in his sensible but superficialt history of it, that it was neither a continuation, nor any connection, of the ancient Parliaments, better known as the States-General. It was the royal and supreme court of justice, composed of a certain number of bishops and barons, with, subsequent ly, some peers, after the institution of that order. It was nearly the jurisdictions, united, of the original King's Bench and the House of Lords of England.

This Parliament, at first ambulatory, like the English tribunal just named, was fixed at Paris, in 1302, by Philip the Fair, who gave the palace of the earlier kings for its place of session. Here the courts are still held, we believe; and hence the word palais has got a general acceptation among French lawyers, in like manner as "the Hall" has with the New York Bar. A tribunal of the materials described had naturally to call to its aid the legal knowledge of the advocates. These, at first, were merely kept in a separate apartment, for occasional consultation; and a remnant of the institution in this primitive stage may be still seen in the train of "clerks" that wait upon the Exchequer, Rolls court, and other feudal tribunals of England. France they were soon promoted to a de

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liberative part in the proceedings; and came finally, by a succession of events not necessary to detail, to supplant or survive their lazy associates, bishops, barons, peers and all. In distinction from the military and ecclesiastical judges, the law members were known by the name of Magistrates. This is the source of that judicial order, peculiar in some respects to ancient, to ante-revolutionary France, and which, all vendible though it became, like the profession of the advocate itself, through the necessity or cupidity of certain of her kings, has produced a succession of as accomplished and virtuous judges as ever administered and adorned the judicature of any age or country. And if it be true that, unlike the English and other judges, they bought their office, it is no less true that, unlike too many of them, they never, or rarely, sold it.

The increase of civil business which naturally followed upon this more competent constitution of the Court, increased the employment and enhanced the services of the advocates. Those attached to the Parliament when it was made sedentary, settled down with it at Paris. Its first term of the year 1344, opened with an ordinance in regulation of their functions-to the end, says the preamble, that they may be exercised with honor to the Profession and utility to the public. This ordinance provides for a registration, and prescribes the qualifications, of the advocates. It recognizes the division into Pleading advocates and Counseling advocates, consili arii-whence the English Counselors. It enjoined several other rules concerning Pleading, Practice and Professional demeanor. This seems to have been the earliest organization of the society which still styles itself in France, The Order of Advocates.

These regulations, most of them, underwent subsequently various modifications. The fundamental condition of unsullied character, as well as attested qualification, remained, however, always unchanged. And that it was not (as elsewhere at the present day) an empty pretence, is well evinced by the signal instance of the Chancellor Poyet, who, being displaced for official misconduct,

*Not many months back, in the interior of this State, the newspapers announced a Professor somebody, we forget the name, who was to teach dogs, we also forget in how few lessons, the Science of Dancing!"

† A motto for most of what he ever wrote.

sought to return, for a livelihood, to the bar whence he had been promoted,* but was refused admittance by his professional brethren, on ground that he had dishonored the "Robe." There are several such examples, in even those early times, of the scrupulous honor which has always distinguised the Bar of France, and which should everywhere characterize the Profession.

The conditions of admission to the French Bar were these: Age, 17, as at Rome; but in this case certainly, meaning the entrance upon professional studies. The period of these studies ranged, successively, from four years to so low as

one.

But, in all cases, the candidate must be a graduate in one of the" celebrated" Universities, in at least either of the Canon and Civil laws-in altero jurium. Ecclesiastics were receivable, and, in those times, composed in fact a large majority of the Profession; so that the old English adage was equally applicable to France, whence, probably, it was imported: nullus clericus nisi causidicus. Women were excluded; but were (as they still are) allowed to plead for themselves. The studies thus completed and certified, the remaining ceremony was the oath; which was administered in open court, on the presentation of the candidate by an Elder (ancien) of the Profession, who prayed that the Court would be pleased to receive the oath of the advocate, such a person, graduate of such a University: adding, that his credentials had been duly inspected-que Messieurs les gens du roi ont vu ses lettres. But the French "young lawyer" had (and has still) to spend the three succeeding years termed temps de stage or de Palais-in attendance on the Courts, for the purpose of familiarizing himself with the rules of practice and the general style of proceeding, as well as in deepening and maturing his legal studies. Of this we have a faint remnant ourselves in the term requisite to have elapsed between the admission as attorney and as counselor. But the imitation is merely in the time; for the French lawyer, though equally entitled to practice, would be deemed wanting in a proper respect for his own

character, as well as regard for the interests of clients, in undertaking any business of consequence during this period. This is to observe the sound maxim of Cicero: non in foro discere, sed docti in forum venire. During this species of novitiate, these catechumens of the church of Themis were called Advocati audientes (listening advocates), in distinction from the two complementary classes, of Advocati proponentes and Advocati consiliarii. These classes were signalized by the seats assigned them in Court, the order of precedence commencing from the Bench.

We are to note, in conclusion, that the body of Advocates were always distinct in association as different in function from the procureurs ad lites, who correspond to our attornies. These seem to be of a much later origin in France, being first, we believe, made mention of in the Institutes of St. Louis; whereas, the Advocates were introduced with the monarchy, and borrowed, we have seen, from Rome. The Procureurs, however, while they have their separate society, always have been subject to the general supervision of the " Council of Discipline" of the Bar.

Such is a hasty outline of the career and the character of the Profession in France, down to the abolition of the Order of Advocates, in 1790, by the Convention. This in some respects unparalleled event is, we believe, much misunderstood-where it is known of at all-by our readers. And as, moreover, the true account of it is honorably characteristic of the Profession we vindicate, and may furnish some timely hints to those members of our own Convention who seem inclined to meddle in the same matter, we will transcribe the whole proceeding in nearly the words of Fournel; upon whom, as also Boucher d'Argis, we take this occasion to acknowledge, once for all, that we have drawn largely for the facts of this sketch-using, however, our own judgment in interpreting and applying them.

While the Committees were engaged in the organization of the Judiciary, and after the Parliaments and Courts of Ap

Many of our readers, acquainted with only the English and American judiciary systems, may not be aware that this was not commonly, but very rarely, the case in France; the judges being there, as in ancient Rome, a separate class from the lawyers. And this is decidedly the better arrangement, where the laws and jurisprudence are of reasonable intelligibility. But where, as in England, they are an occult science, the Judges must be drawn from the number of the initiated. Hence the usage accordingly, here as in England; for it rests upon no positive law in either country.

peal had been abolished, the question arose, what was to become of the Order of Advocates. Several of the Committee were for maintaining it unaltered, and transplanting it into the new system with all its pristine prerogatives and rights. But others were disposed to dissolve the "Order," and abolish even the name.

But you must know, says our authority, this latter proposition proceeded from no hostile intention, but on the contrary from a chivalrous devotion (devouement exalté) to the glory and memory of the Profession.

This singular idea, having created much division in the Committee, was communicated to a number of the principal Advocates of Paris; who, after revolving the subject in all its bearings, declared unanimously for absolute abolition.

We are (they reasoned) to be considered under the two-fold aspect of Advocates, and Advocates of the Parliament. The dissolution of the Parliaments deprives us of the latter quality. With regard to the other, it would be valueless where there should be no superior tribunals whereinto to transfer our titles, our attributions and privileges. But none such are left by the new judiciary arrangement, which consists of but pitiful primary tribunals. By these tribunals it is that the quality of advocate would be conferred; but each of these countless courts, spread over the surface of France, will thus become the centre of a new bar.

These bars will be crowded by a multitude of men who, without an idea of the principles or the discipline of the Profession, will degrade its ancient character and prostitute its honorable functions. Yet these persons will insist upon dubbing themselves with the title of Advocates; and will be-they too, forsooth!-for constituting an Order. The public will be deceived by the name, and besides, in its natural malignity prone to generalize its imputations, will confound designedly those advocates de circomstance, with those of the ancient Order. The sole way of escaping this disreputable posterity is at once to suppress the denomination, the order and the dependent attributes of our body. Let there be no more Advocates, since we cannot preserve unsullied the dignity of the title. Sole depositories of this noble Profession, let us not suffer that it pass into hands

that would degrade it; but exterminate ourselves the object of our affection, rather than surrender it to outrage and infamy.

"The members of the committee, (adds the historian,) moved to tears by this heroic self-sacrifice, not unworthy of ancient Rome, embraced unanimously the same opinion, and a few days after decreed the annihilation of the name of Advocate, the suppression of the Order, and the interdiction of its costume to whatever description of men should thenceforth fulfill its functions."

And heroic" this memorable resolution must undoubtedly be esteemed, our degenerate days considered. It could have been taken but by a profession of which still more than of Montesquieu's Monarchy-honor is the essential and the distinctive principle. And even in this profession, it could, perhaps, have occurred at the present day, but in the French Bar; than whom a body of men of more delicacy, disinterestedness and honor probably does not now exist.

Let us justify this high eulogy by a single circumstance. In France, it is the usage (founded on the principle that the advocate's sole duty is to vindicate truth and justice) for the opposite counsel to communicate to one another every document in their possession (se communiquer leurs sacs) touching their respective cases, and this, whether to be produced or not on the trial. These documents

bonds, bills, title-deeds-are taken home for days, without acknowledgment for, or inventory of, the most precious deposite. Yet it is matter of history that from the earliest record of the bar to this day, there has not occurred a single instance, not only of any gross abuse, but of even an illiberal use, of this sublime confidence. And this fact speaks a volume for disciplinary organization of the Profession. But we should also add, that there is much in appealing to that principle in man which has never been enough regarded perhaps by legis lators and moralists. Honor-not the vulgar, the bastard thing commonly so called, but that deep, self-sustained consciousness of moral and manly dignity, called sometimes conscience, sometimes self-esteem, sometimes pride, according to the creed or the character of the denominator-this sentiment, we are persuaded, well-directed and developed, might be made to govern the world.

But it is not in nature that the office of

the advocate should long remain suppressed. The miserable system of "small courts" organized by the Convention, having of course brought the administration of justice into contempt, was remodeled by Napoleon, who on elevating the character of the courts also revived the Order of Advocates. Not, however, quite to the former discipline and privileges, which were absolutely republican; but, as it was expressed by themselves, he emperialized it. This control was farther aggravated by an Ordinance of Louis XVIII., which, though a subject of unremitted remonstrance by the bar, remains, we believe, still unremovedeven by the Citizen King.

Last in order, though not in interest, comes the British Bar, the model andthe mother of our own;—or rather, the stepmother, to judge from the distorted and ill-favored condition of the child. Here we are left absolutely without historical materials. We are not aware of a solitary treatise on the subject of the Profession in our language, while we know of at least four in France. Not so much as a prefatory memoir from any of our numerous writers about Law Studies; though the examples of the distinguished lawyers of the past with some account of the principles that actuated, and the discipline that formed, them should, one would think, be as pertinent to the occasion and as efficient of the object as the "thrilling" declamation of Samuel Warren-who rants and rhapsodizes through a brace of volumes without giving, perhaps without having, the least idea of the origin, the history, the organization, or the discipline of the institution of which, however, he has constituted himself teacher.

But however discreditable to English law writers and retarding to the progress of the English Bar itself, this neglect is probably not of so great consequence as the loss of the histories of Livy and Varro; as the fullest detail would be chiefly of negative value, would present us rather what was to be avoided than what was to be imitated. But this fair side has been anticipated in our account of the French and Roman Bars. Of the other there is enough remaining "in all conscience"-to stimulate us to reform. Our introductory reflections on the general origin of the Profession apply of course to early Britain. Besides, what we related of the administration of jus

tice in Gaul must be equally true of the neighboring island, which was under the same Druidical regime. Some traces of the Roman usages also probably remained in this province, as in the others. In fine, with most others of the civil institutions of France, the forms of the Legal profession too were, in large part, transplanted, at the "conquest," into England; superseding or suppressing such of the native usages as refused to coalesce with them through the common Roman affinity. So that we have given effectually the history of the English Bar in the sketch especially of the French "Order."

This influence, we are aware, is denied indignantly by the English, and the denial is re-echoed by those who are content to take the testimony of the wounded vanity and morbid resentment of a conquered people, in its own cause. But interrogate that less equivocal witness, the nomenclature of our institutions and judicial procedure-of which we have taken occasion, not without a purpose, of presenting some specimens, by the way. Or peruse, among other French books, (do not touch an English one on the subject,) Thierry's History of the "Conquest;" but especially, Bernardi, Sur la Legislation-a work which, though written with exclusive reference to the jurisprudence of France, we do not hesitate to affirm contains, to a reflecting reader, a profounder Commentary than Blackstone's, on The Laws of England. Nay, we go so far as to say, that our institutions, to be studied thoroughly, philosophically, must be traced in the civil history of ancient France. For the rest, it is not denied that some of these institutions may not have improved accidentally by the transplantation. But among any such cannot, most assuredly, be reckoned the character, discipline or learning of the Legal Profession.

This will be gainsayed by no man of competent intelligence and impartiality. The English Bar and Bench-among many members who have done honor to their noble occupations-record examples without number of the meanest servility and the most mercenary profligacy. Why has Hale been deified? he never made an act of resistance to power or to pelf that is not the strictest duty of a village Justice. Why, unless that a judge of merely negative virtues was a moral monster, a demigod, in his day and country. Besides independence and probity,

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