Evening journal., 1890-04-24
ANCIENT LEGAL LORE.
INSTRUCTIONS TO MEMBERS OF
THE EAR CENTURIES AGO.

i inent thans was the case even in ancient
Greece or Rome; and every schoolboy knows
| how large a share they had in public and
| domestic affairs in classical times. Some
| persons are to be 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 snbstan-
| italy the same az 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 tue 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" Brieness 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 hourished about six centuries ago, and
| is supposed to have died in 1896 At any
rate, BIO lived and wrote after tho settlement
of that system OF judicature, in the time of
Henry II and Edward |, which has virtually
remained to the present time. The book was
very popular, and was deemed Of great au-
| thority. 1t was extensively transcribed at a
time when the art Of printing was unknown,
| and it was issued from the press, in com
manding folio form, several times during the
| Fifteenth and Sixteenth centuries. It became
q sort of wade mecum with budding and as
| piring lawyers for generations after the
writer had passed away.
This oracle gives sdvice as to appearance,
behavior and modes of speech, such as were
| calculated to insure success in the law courts.
When he wrote clergymen were also lawyers,
as they were statesmen and administrators
1t is not surprising, therefore, to find that
Durand became bishop Of Mende He was
native of Provence; but French ecclesiastics
were then very numerous in England-not
always to the complete satisfaction Of the ma
tives. However, he seems TO have been sue
cessful as an advocate while here, and he
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 friendp
were not always of the most respectful char
acter. Instead Of this being done, it is well
to treat him deeoroasly. "unless, indeed, be
treat you rudely.n This, 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.n Exam
pies are given showing that the writer was a
master of dialects and verbal reanements,
not TO say quirks and quibbles. 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 contumely, or
call him in plain words a rai1ian or a pre-
varicator, or insinuate as much by saying i
am not a thief, thereby intimating that he
is" II matters went To an extremity, and if
in a moment Of irritation be 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 20
defend your own caHse.n
Judges are but men, and therefore are La
BILE to human infirmities. 1t is to be feared
that their tempers were not always perfect
COO 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 30 behavior in court. On enter
ing, the first thing to be done was TO remove
the cap and malso an obeisance.' This was 10
be graduated according to tho rank Of the
judge. "His honorn in a county court is not
entitled, presumably, to so much Difference
as my lordn in one Of the supreme courts.
There were no stipendiaries or registrars ia
those days Otherwise it might be a curious
inquiry ss to how much OF .'obeisancei' they
should receive. But it is evident that Judges
were sometimes angry, with or without
cause. If so, do not rejoin.n 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.n
Durand enumerates sundry Judicial quail
ties which counsel might praise and magnify;
"but be careful about attributing 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 hazardous thing to
have a suit before an offended judge.n 1t
might even be well to conveya hint that he
knows everything, while your knowledge is
infinitesimal Manner also is all important
1t is well to rise gracefully, not arrogantly,
and to put on an affable and pleasant look
even il the feelings be the reverse
''Do not move your head or feet awk-
some modern counsel must have been pres
ent, at any rate by q sort of anticipatory
metempsychosis, when we read that certain
advocates rub the face, push their hair be-
hind the ears, blow the nose loudly, clear the
throat, examine thoir 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, it appears, Of
keeping the advocate on the other side wait
ing 50 long in court as to wear out his pa
tience. Or they would cunningly 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
ones. They had the law fresh and kept them
selves informed on recent decisions. BY dill
gence and desire for barren honor, th@g
sometimes won victory over their seniors,
who became idle and careless. "The junior
is to speak first. The senior is to follow, in
order that his specious and experienced argu-
ments may be better remembered by the
judge. But both should agree on the course
that their speeches take, and il one Of them
is making a mess Of it the client should stop
him, for an OK and an ass should not plow to-
gether." Finally, the advice is-given not to
take low fec for pleading, lest reputation
be lost. Undertake those. causes orfiy which
you can conscientiously asavocate. If acause
be desperate, give il up.n 1t will be seen that
most Of the types Of legal character delineated
by Durand are still existing. Much of his
advice seams ro he frapticad and thp rp-