Weekly national intelligencer., 1852-10-30
THE PROFESSION AND PRACTICE OF THE LAW

4
Lecture this subject was delivered by RICHARD D.
KIaBAIL, in February last in the Circuit Court Of
the Supreme Court in the city of New York. before
bers of the New York Bar of whom there large
tendance 1t is very instructive lecture and contains
sentiments highly honorable the speaker and the
fessona audience addressed The following extracts win
be OF interest to oil readers containing brief
sketch Of the history of the profession of law
The Egyptians are said to be the first people who
rightly understood the rules Of government and their
country was considered by the ancients the most
nowned school for politics, and the whence most
arts and sciences derived AS nation the inhabt
ants grave and serious and they bestowed their
blet abors on the improvement Of mankind so that Ste
phen when praisng Noses says of him, He was learned
IN all the wisdom of the Egyptians
" In the Egyptian courts affairs transacted en-
trely by writing in order to guard against SURPRISE and
TO prevent the effect of what termed false eoquence
which dazzles the mind and the passions They
declared that truth could not be expressed with too much
planness as 1t alone TO have sway judgments, be-
cause in that alone the rich and poor the powerful and
weak, the learned and the ignorant to find relief
and security Thus you that the advocate had already
begun to have recourse to improper Influences which
were looked upon with disavor by the judges and guard
ed against in the way have mentioned beg particu
ary to call your attention to this fact which shows how
early the habits which charged sins against
were considered
I'VE come next to the Greeks in order of time and
shall speak Of the Athenians furnishing the most pro-
mnent example. ! can hardly refrain from alluding
briefly to some of their laws, although it is departure
from my subject The student will be amply repaid by
close examination of these laws And he will be surprised
to find how many copied rer5a in our own statute
book For example, in criminal trials the question put
ITO the r-is.-s. Ara ynn enilty not
guilty? The Athenian courts were nearly as numerous
as our own process served much the it
isthat is service made by the ba it could be
done by the plaintiff himself provided he had witness
present; this was citation to appear certain day
before the judge. If the suit against married
woman the husband had to be joined Before the trial
Of cause both parties obliged to depose in court
certain sum- Ia sort of security for costs this de-
pending on the amount in litigation, and regulated by it.
This after the determination of the cause was divided
among the Judges and the losing party only forfeited
the amount he had deposited but obliged to restore
the money to his adversary | submit to you whether
here was not the germ of the fee bill Little however
could the subtle Greek with all his philosophy and mag
nation have fathomed the intricaces of the modern bill
OF costs as made out by English attorney by
New York solicitor, before the code.
There also circuit judges who went round through
certain number of boroughs and had cognizance of all
controversies about money, when 1T did not exceed
tain Arbitrations references, almost precisely
like own, common. mightrefer to vast num-
Der Of their laws such the law for general Jail deli
very, of limitations mode of conducting trial, of non
suits of examination of plaintiff and defendant of pro-
perty exempt from execution, &c. to show how closely
the moderns have followed the sages Of antiquity but it
does not within the scope of my lecture and have
referred to the simply for the purpose of attract
ing the attention of the law students to it. 1t is among
the Athenans that find the first account of advocates
who pleaded for fee Some times the parties them
selves delivered set oraon in their own behalf which
composed by of the orators Ii they desired it,
advocates granted them to plead for them the do
ing of which called pi misho suneabreno plead for
de would remark that lest their orations should try
the judges patience and their attending to other
business they limited certain time which
measured by hour glass, in which water instead of
sand used
"With the Greeks as all well know the office of adyo-
and orator became of great influence and i'm
portance. Demosthenes himself rsted to the study
of eloquence by the argument of his against
unjust guardian-a commentary human nature in
deed Was there time when there not dis
honest officials and knavsh guardians and, in fact de-
faulters of every grade and condition?
''We come next to the Romans. Among them find
the administration Of the laws reduced to elaborate
system, and the practice of law regulated by special
rules and developed quite fully it is at the present
day will not so far to undervaue the under
standing of any to volunteer recommen-
daion of careful examination of the laws and judicial
proceedings Of the ancient Romans. Learned commena-
have written volumes in praise of the civil law and
need only say that have scarcely general rule
statute which is not traceable to it,
I" 1t is among the Romans that first find too great
Importance attached to forms in pleading The greatest
caution at length TO be necessary in drawing the
writ for if there was mistake in word the whole
lost Qui plus peebdt guam debum est
perde6d regret to add that all this echnicality and
all these pretty exceptions to the forms of pleading
chargeabe unworthy members of the legal profession
As it now is, it then was-there small
minded bustng and ocious creatures of the law who
sought to prosecute and defend actions by the most
prehensble The persons las they stllare
great annoyances to the honorable lawyer Cicero COM
plains of them very frequently. He calls the person
who is skilled only in the framing Of wrts and in pick
ing flaws in pleadngs, Legieiu-a Pettifogger also,
prGco dctionum-conor fornnlartm-duces sydbdrunl-a
crer of actions singer of orms-a caver in syllabes
So that such at that day held up meted
contempt 1t was also among the Romans that we first
find systematic division of the profession into special
peaders counseors and advocates The first prepared
the pleadngs the second, who called Ministra-
tors often by the side Of the advocate to make sug
gestions the third argued the case. This was done
much as is present. each party making speeches.
the first answering to opening and the second to
our summing up How many hours were to be allowed
to each advocate left for the court TO determine.
Hour glasses containing water used, among the
Greeks. Sometimes the advocates were given much
time as they required.
.Under the Emperors most despicable custom crept
in Certain advocates employed and kept in their pay
class of people called mance sort of modern cacQuer
whose business it to procure persons who should
tend the court and applaud while they were speaking
whenever man. who stood in the middle of them should
give the word These persons received for the service
stipulated sum- generally about three denarisome four
shilinrs of our moneya day need not add that such
practice was despised and ricued by the gh-mnded
"With reference to the Romans will repeat that almost
all our laws all legal rules, very mode Of trial.
Jury trial and all, derived from them.
One word as to the trial by jury We are in the
habit of referring to the enactmens OF Alfred for the
establishment Of this invaluable prerogatiye of the peo-
pie so that it is often called the Engshmans privilege
The limiting the number to twelve men, and the framing
of special rules referring to the selection Of the Jury from
the hundred belonged to Alfred but the Roman trials
really jury trials The word Judccs in the plural,