Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-22
THE FRENCH BAR.
The Pull Text Of Judge L. b. MeRsr.
lands Paper Read at the Recent
Meeting Of the
Bar Association of Tennessee at Boz
Aqua Springs-The Ancient and
Modern French Bar.

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THE FRENCH BAR.
When the French bar first presented itself
as a subject suitable for this occasion, its
recommend alton was that little was
known about il even to the most general of
American readers. A more mature consid-
~erstion, however, of it's history. discipline
and influence suggested a higher use and
nobler purposes IN its treatment. The bar
oil france IN me hlgne,t degree
Tue dignily, tne Powel ana tne lenuenSe 70
WHICH inc oaI oi 'nis oouuafJ snouio o can
atlsi5 oy organization oohefence' eoucauon
ang oisc'piine. -.
s,h;. -, ;n,a.as, troT novsI,. an9
Ibsotic biogranbic and hisIoric ms,srisis
sdda o,s.,I9 m The drfEcuI, ~ IL. t,aa,nan,
g oaoa,.nnias ~ 800 - aS-oos,.s
80 ;mnsrfr., .ocnn,,s ~ g. - nror.sa
- nrA.sn, to ~ ,h. E,arnL - -
oNss;bis hn, tn.ss 40 no, snfSoa - 80 ~,
wh,ch l. mos, vain .bIe NJ RoctIs vsry
ins,Iv rem,rks mon the innt;IiIy of mere
niogIsnh,c and bistoric nsrrsIivs Of events,
SomeIhine higher and batter tnsn this ia nee
.s.srv- that me nresent and fntore NAV nroft
fuIJy from the nsst. and II bas of,sn occnrred
that a fine field for pbilosopbic treatment
WAS now open 10 some Buckle or Draner or
Lecky of the bar in DISCUSSING the inAu-
eoce of the bar upon lhe lava the manner.
and the ciyiliz .tion of the world. or even of
anv particular country. But such a work
would REQUIRE the labor of a long life, he
devotion of love, the inspiration Of faith,
and "the light of genius directing the hand
of industry.n No in pe, feet sketch dotted
hurriedly in the brief intervals of profess
.ionsI LIE can hone to reach this higher 81
more y,Inshio . 90"
pane OF investigator. nor
can more now De stuempted nan some re-
marks upon me french oar, mere lwitter-
logs oil the swallows upon the temple Oh Inc
g'ds.
THE ANCIENT BAR OF FRANCE
was the successor OF the bar OF Rome, made
illuslrious by Cicero, Hortensius, C& ar and
others of her celebrated orators end juris-
consults. Even while Gsul was a Roman
province the discipline and the clog -ence OF
me Roman bar wes transferred to Inc banks
OF the Seine and Garonne, and 81. Jerome,
JuVenal and Ansonius chronicle The exuber-
1T y oiiiisncy Oh Tar,lc eioqueuce,
disnnted for The - N III - fornm
OnIn,iIIisn nsn,ions tha 49, - ,hs g.,
orator he ever heard Tba Eranks howevsr
swept avav. in the rssistl.a, march Of in
yssiou. every vestipe of ,msn.Gsi ,ic inr;s-
nrudsnce ,od tha 6sa, nan,;oo 80 -
hsva Of he nrofess;on 81 Tic sdcoos,e vss -
the csn;tnla,;ss If Ch.rIemaans eoo -.
d,ining ,bst nona shonid hs sdu;,,sd it,
the profession aim, men mild nsc;6c fsar,no
God and loving ins,;cso r. IL than :
| gan in the his,ory until the nd,no Of the
Pan iects at Annals. when the ga, .bl,shmsnts
of ST. Louis appeared. These were the work
the chapter on advocates nrovidsa amono
other thines atbst thew shall never nressn1
an uninst case before q conrt sbsII defend
widows. orohans and the moor when reouired.
and sh all saw nothing discourteousIy.n In
1927 Philip de Valois. then regent. promu =
gated several prescriptions among others.
r.ouiriny all advocate. To lake the oath and
be inscribed on the roll of advocates. and
nrovidinp that anv advocate who shall have
nrav.r;cs,ad in h;s dntiea absIl he forav.r
EXCLUDED from the conr. II also nrov;dss
nat advocstss mnst he At The ckotsjet AZ ths
80 - ,ha arm Th;s NM, 80 nevar haan
,ranssarrsd ~
or long since fallen in desuetude, else Black
stone would have never recommended to
students the " Viginti Annoram Ltcubrationes,"
or the late hours OF lamp and office never
been enrolled among the habits OF the mod
ern lawyer. ln 1874, by another regulation,
a list was made of all the s"oin advocates,
rom whlcn list tne most capable snaIi Dc
CHOSEN ana sustalneoi tne o.ners snall
oe susPenoeu' O.nsf ieguiauon5 were
established al olnerent times, some
OF which are especially worthy Oh no.
uce. One divided advocates INTO three
classes: counclllors, advocates, pieaders
and listeners. The hrst must have been ten
years admitted. Inese wore a long rooe oil
lined with ermiue, and fastened on the chest
with a rich clasp. The pleaders wore q vio-
let cloak, and the listeners a white one. Ex-
sctly what part the listeners took in the ad
ministrstion OF justice we are not advised.
Another regulation provided that young ad-
vocates should be respectful 10 their seniors;
that all should plead and write briefly; shall
truly resd without omission, interruption or
disguise; shall not proceed by injurious
words against the adverse pa. ty or advocate
must not talk several at a time, or interrupt
each other; shall not take their seats except
IN decent attire; shall make no treaty with
,risIn This vs. 1344 and the 6rst French
| ordinance against champertv, and was de
| rived from the Roman law. The modern
d. foition of chsmpertysis "a contract be-
| tween client and attorney by which, if the
suit ia lost. the client paws the costs; If wor,
| the attorney gels the recoyery.D Another and
most important regulation was early adopted
that recurring a lime of probstioo-called
"stspen-for Young advocates to fit them
selves for their duties. This was not at frs,
| limited as To time. but in 1890 IT was provid.d
| tbat no one sbould be admutsd To the list OF
advocstes who had moi stnd;ed in , recoo-
| nized university for Eve vears. and foued
properly qualified.
Ii was not, however, until shout 1890 that
the bar attained lis highest orgsuiza.
non, wnen a compie.e ron OF It's members
no ths ms, s,,;nos,, MA IT, 90.
dyd,,s vho NM, he , I;c.n,;.,a fron II.
,,niysrs;,v md n,sssd b;s go was $780,
ed by one of the seniors of The bar. Inn,
termed The godfa,her of the snnl;csnt and
took the OATH after which his ptme vas in
scribed mon the roll. This orosniz,tio, Of
the bar. by establishing a list with mower nj
dismissal ther.from- contained with few and
short Intervals Of disorgan;z. tion mil I7oo
vbsn ths
ANCIENT FRENCH BAR CEASED TO EXIST.
In this wear the Constituent Assembly abol-
isbed the order of advocates. "The men of
W. said article 2. decree of September 3.
1890. "belng no longer pernitted to form
either an order or corporation. shall wear no
particular costume in the exercise of then
Gaining" Durlng this period, just sketehed,
the bar was not without results. Ismembers
early attained to an eminence and an infu-
ence, remarkable in an era of arms. A few
only can be noticed. Guy Foncault, an ad.
vocate of the age of ST. Louis, became Pope
Clement TX, and Yres de Kermartiu was
canonized and became the patron saint of
advocates. The close of the fifteenth century
was called by DAgessau
~ 'oADhS A1h
OF French maglstracy. Sequier, aud Christie
pner de Ihou were TWO OF the most eminent
advocates OF the sixteenth century.
The one brief and pointed in argu-
ment, the other dihuse and prolix,
OF one It was said "Muha paueis," and OF the
other "Pauea na1tis." Budi, author OF Com
n'enta'tes on the Fdndects, and styled The