The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-03-19
ghe aaha Daily eagle: aaaeuesday 2rorue gareh 1a
ANCIENT LEGAL LORE.
INSTRUCTIONS TO MEMBERS OF
THE BAR CENTURIES AGO.

Applies to Lawyers of the Period.
Tricks to BE Used with Opposing Coun-
seI-Courtesy in the Court.
law and lawyers Eli an important place in
English history. They are far more prom
inent than was the case even in ancient
Greece or Rome; and every schoolboy knows
how large share they had in public and
domestic affairs in classical times. Some
persons are to &c met with who alleges that
this is the most lawyer ridden country in the
world. This may be true or otherwise, but
it is curious and instructive to observe how
legal usages and methods remain substan-
TALLY the same as they were in the middle
ages A spirit of litigation prevailed then,
as now, perhaps neither more or less. People
are always apt TO rush to the courts for re-
dress of wrongs, real or imaginary, and for
the maintenance of rights supposed to be
withheld or impaired.
Not every one has found time or oppor-
tunity to look into the . Speculum Juris'' or
mirror Of Justice" Briedess barristers, and
some pleaders who fail with judge and jury,
might do worse than take a survey. 1t is a
work written by one Guillaume Durand,
who fiourished about six centuries ago, and
is supposed TO have died in 1896. At any
rate, he lived and wrote after the settlement
of that system OF judicature in the time of
Henry II and Edward l. which has virtually
remained to the present time. The book was
very popular, and was deemed of great au-
thority. It was extensively transcribed at
time when the art of printing was unknown,
and it was issued from the press, in a com
manding folio form, several times during the
Fifteenth and Sixteenth centuries. 1t became
a sort of wade mecum with budding and as
piring lawyers for generations after the
writer had passed away.
This oracle gives advice as to appearance,
behavior and modes OF speech, such as were
calculated to insure success in the law courts.
When be wrote clergynIen were also lawyers,
as they Were statesmen and administrators.
1t is not surprising, therefore, to find that
Durand became bishop of Mende He was a
native Of Provence; but French ecclesiaStics
were then very numerous in England-nOt
always to the complete satisfaction of the ma
tiYeS. However, he seems to have been sue
ceSSful as an advocate while here, and ne
frankly explains how he succeeded for the
benefit of others. He cautions them not to
indulge in personalities towards the counsel
on the other side, from which it is to be in
ferred that references TO my learned friend"
were not always of the most respectful char
acter Instead o. this being done, it is well
TO treat him decorously. unless, indeed, he
treat you rudely." This, a saving clause, is
susceptible Of wide application. When re-
plying to his arguments, you should COM
mend him slightly, but not too much, and
commend him by equivocal words" Exam
pies are given showing that the writer was
master of dialects and verbal refnements,
not to say quir1s and bubbles Mr.. SERGEANT
Buzfuz is a character OF remote antiquity.
Great provocation was sometimes expert
enced at the bar Counsel were touchy or
imperious, especially to juniors. "You must
not treat your adversary with conturnely, or
call him in plain words ruffian or pre-
varicator, or insinuate as much by saying L
am not thief thereby intinlating that he
is" II matters went to an extremity, and if
in a moment of irritation he brought a
charge of falsehood, then you may safely
say, You are liar, but protest that you say
so not with intent to injure him, but only to
defend your own cause"
Judges are but men, and therefore are liza
BILE to human inirlnities. 1t is TO be feared
that their tempers were not always perfect
600 years ago. Doubtless, they had much to
try them, in stupid or prevaricating witness
es, and even in the bearing of counsel. Du-
rand devoteS much space to suggestions and
warnings as to behavior in court. On enter
ing, tho first thing TO be done was TO remove
the cap and make an obeisance. This was to
be graduated according to the rank Of the
Judge. His honor'' i'll county court is not
entitled, presumably, to so much deferenceaI
as my lord" in one of the supreme courts. |
There were no stipendiaries or registrars in
those days. Otherwise, it might be a curious
inquiry as to how much of "obeisance'' they
should receive. But it is evident that Judges
were sometimes angry, with or without
cause. If so, do not rejoin." They might
even be sarcastic. Still it was better not to
retaliate. Loquacity was to be guarded
against, for the bench did not like it. Care
must be taken mot to laugh causelessly be-
fore the judge" lest he might imagine that
it was at him. "When he speaks, listen re-
spectfully, and then laud his wisdom and
eloquence."
Durand enumerates sundry judicial quail !
ties which counsel might praise and magnify;
'but be careful about attriouting all to one
person. In other words, keep a reserve !
stock of complimentary phrases, suitable for
other judges. Be careful not to say anything |
to offend, for it is a hazardous thing to
have suit before an offended Judge" 1t |
might even be well to conveya hint that he
knows everything, while your knowledge is !
Manner also is all important.
1t is well to rise gracefully, not arrogantly, !
and to put on an affable and pleasant look,
even if the feelings be the reverse.
''DO not move your head or feet awk-
wardly" One would almost imagine that |
some modern counsel must have been pres
ent, at any rate by q sort of anticipatory
when we read that certain |
advocates rub the face, push their hair be-
hind the ears, blow the nose loudly, clear the |
throat, examine their hands and their dress, |
alternately lift their eyes to heaven and bow
their head, wrinkle the forehead, compress
the lips, frown and fix their hands on their |
lips"
These old counsel had trick. 1t appears, of /
keeping the advocate on the other side wait
ing 50 long in court as TO wear out his pa
thence. Or they would cu2uingly pretend TO |
be asleep during his arguments. Durand dis |
approves of this. He also advises that the |
opposing counsel be not left behind, lest he !
should earwig the judge. The advocate of /
old standing was to beware of the younger |